Wally Herger on Abortion
Republican Representative (CA-2)
Voted YES on banning federal health coverage that includes abortion.
Congressional Summary:Prohibits the expenditure of federal funds for any abortion.
- Prohibits federal funds from being used for any health benefits coverage that includes coverage of abortion. (Currently, federal funds cannot be used for abortion services and health plans must keep federal funds segregated from any funds for abortion services.)
- Disallows any tax benefits for amounts paid or incurred for an abortion.
- Provides exceptions for pregnancies resulting from rape or incest; or life-endangering maternal condition.
Proponent's Argument for voting Yes:
[Rep. Fortenberry, R-NE]: Americans deserve to know how the government spends their money, and they are right to refuse the use of their tax dollars for highly controversial activities--in this case, abortion. Abortion harms women. It takes the lives of children, and it allows a man to escape his responsibility. The abortion industry many times profits from all of this pain.
We can and must do better as a society, and at a minimum, taxpayer dollars should not be involved. This issue has manifested itself most intently during the health care debate. Unless a prohibition is enacted, taxpayers will fund abortion under the framework of the new health care law. Abortion is not health care.
Opponent's Argument for voting No:
Reference: No Taxpayer Funding for Abortion Act;
; vote number 11-HV292
on May 4, 2011
[Rep. Louise Slaughter, D-NY]: H.R. 3 is actually dangerous for women's health. By refusing to provide any exceptions to women who are facing serious health conditions--cancer, heart or whatever that may be--you are forcing women to choose to risk their health or to risk bankruptcy, and I think that is morally unacceptable. Under H.R. 3, a woman facing cancer who needs to terminate a pregnancy in order to live might have to go into debt over the $10,000 that the legal and necessary procedure could cost. Despite having both health insurance and tax-preferred savings accounts, this bill would prevent her from having that.
Voted NO on expanding research to more embryonic stem cell lines.
Allows federal funding for research that utilizes human embryonic stem cells, regardless of the date on which the stem cells were derived from a human embryo, provided such embryos:
- have been donated from in vitro fertilization clinics;
- were created for the purposes of fertility treatment;
- were in excess of the needs of the individuals seeking such treatment and would otherwise be discarded; and
- were donated by such individuals with written informed consent and without any financial or other inducements.
Proponents support voting YES because:
Since 2 years ago, the last Stem Cell bill, public support has surged for stem cells. Research is proceeding unfettered and, in some cases, without ethical standards in other countries. And even when these countries have ethical standards, our failures are allowing them to gain the scientific edge over the US. Some suggest that it is Congress' role to tell researchers what kinds of cells to use.
I suggest we are not the arbiters of research. Instead, we should foster all of these methods, and we should adequately fund and have ethical oversight over all ethical stem cell research.
Opponents support voting NO because:
A good deal has changed in the world of science. Amniotic fluid stem cells are now available to open a broad new area of research. I think the American people would welcome us having a hearing to understand more about this promising new area of science. As it stands today, we will simply have to debate the bill on the merits of information that is well over 2 years old, and I think that is unfortunate.
The recent findings of the pluripotent epithelial cells demonstrates how quickly the world has changed. Wouldn't it be nice to have the researcher before our committee and be able to ask those questions so we may make the best possible judgment for the American people?
Reference: Stem Cell Research Enhancement Act;
Bill HR 3 ("First 100 hours")
; vote number 2007-020
on Jan 11, 2007
Voted NO on allowing human embryonic stem cell research.
To provide for human embryonic stem cell research. A YES vote would:
Reference: Stem Cell Research Enhancement Act;
Bill HR 810
; vote number 2005-204
on May 24, 2005
- Call for stem cells to be taken from human embryos that were donated from in vitro fertilization clinics
- Require that before the embryos are donated, that it be established that they were created for fertility treatment and in excess of clinical need and otherwise would be discarded
- Stipulate that those donating the embryos give written consent and do not receive any compensation for the donation.
Voted YES on restricting interstate transport of minors to get abortions.
To prevent the transportation of minors in circumvention of certain laws relating to abortion, and for other purposes, including:
Reference: Child Interstate Abortion Notification Act;
Bill HR 748
; vote number 2005-144
on Apr 27, 2005
- Allowing for exemptions to the law if the life of the minor is in danger or if a court in the minor's home state waive the parental notification required by that state
- Allocating fines and/or up to one year imprisonment of those convicted of transporting a minor over state lines to have an abortion
- Penalizing doctors who knowingly perform an abortion procedure without obtaining reasonable proof that the notification provisions of the minor's home state have been satisfied
- Requiring abortion providers in states that do not have parental consent laws and who would be performing the procedure on a minor that resides in another state, to give at least a 24 hour notice to the parent or legal guardian
- Specifying that neither the minor nor her guardians may be prosecuted or sued for a violation of this act
Voted YES on making it a crime to harm a fetus during another crime.
Vote to pass a bill that would make it a criminal offense to harm or kill a fetus during the commission of a violent crime. The measure would set criminal penalties, the same as those that would apply if harm or death happened to the pregnant woman, for those who harm a fetus. It is not required that the individual have prior knowledge of the pregnancy or intent to harm the fetus. This bill prohibits the death penalty from being imposed for such an offense. The bill states that its provisions should not be interpreted to apply a woman's actions with respect to her pregnancy.
Reference: Unborn Victims of Violence Act;
Bill HR 1997
; vote number 2004-31
on Feb 26, 2004
Voted YES on banning partial-birth abortion except to save mother’s life.
Partial-Birth Abortion Ban Act of 2003: Vote to pass a bill banning a medical procedure, which is commonly known as "partial-birth" abortion. The procedure would be allowed only in cases in which a women's life is in danger, not for cases where a women's health is in danger. Those who performed this procedure, would face fines and up to two years in prison, the women to whom this procedure is performed on are not held criminally liable.
Reference: Bill sponsored by Santorum, R-PA;
; vote number 2003-530
on Oct 2, 2003
Voted YES on forbidding human cloning for reproduction & medical research.
Vote to pass a bill that would forbid human cloning and punish violators with up to 10 years in prison and fines of at least $1 million. The bill would ban human cloning, and any attempts at human cloning, for both reproductive purposes and medical research. Also forbidden is the importing of cloned embryos or products made from them.
Reference: Human Cloning Prohibition Act;
Bill HR 534
; vote number 2003-39
on Feb 27, 2003
Voted YES on funding for health providers who don't provide abortion info.
Abortion Non-Discrimination Act of 2002: Vote to pass a bill that would prohibit the federal, state and local governments that receive federal funding from discriminating against health care providers, health insurers, health maintenance organizations, and any other kind of health care facility, organization or plan, that decline to refer patients for, pay for or provide abortion services. In addition the bill would expand an existing law "conscience clause" that protects physician training programs that refuse to provide training for abortion procedures.
Reference: Bill sponsored by Bilirakis, R-FL;
Bill HR 4691
; vote number 2002-412
on Sep 25, 2002
Voted YES on banning Family Planning funding in US aid abroad.
Vote to adopt an amendment that would remove language reversing President Bush's restrictions on funding to family planning groups that provide abortion services, counseling or advocacy.
Reference: Amendment sponsored by Hyde, R-IL;
Bill HR 1646
; vote number 2001-115
on May 16, 2001
Voted YES on federal crime to harm fetus while committing other crimes.
Vote to pass a bill that would make it a federal crime to harm a fetus while committing any of 68 federal offenses or a crime under military law. Abortion doctors and women whose own actions harmed their fetuses would be exempt.
Reference: Bill sponsored by Graham, R-SC;
Bill HR 503
; vote number 2001-89
on Apr 26, 2001
Voted YES on banning partial-birth abortions.
HR 3660 would ban doctors from performing the abortion procedure called "dilation and extraction" [also known as “partial-birth” abortion]. The measure would allow the procedure only if the life of the woman is at risk.
Reference: Bill sponsored by Canady, R-FL;
Bill HR 3660
; vote number 2000-104
on Apr 5, 2000
Voted YES on barring transporting minors to get an abortion.
The Child Custody Protection Act makes it a federal crime to transport a minor across state lines for the purpose of obtaining an abortion.
Reference: Bill sponsored by Ros-Lehtinen, R-FL;
Bill HR 1218
; vote number 1999-261
on Jun 30, 1999
Rated 0% by NARAL, indicating a pro-life voting record.
Herger scores 0% by NARAL on pro-choice voting record
For over thirty years, NARAL Pro-Choice America has been the political arm of the pro-choice movement and a strong advocate of reproductive freedom and choice. NARAL Pro-Choice America's mission is to protect and preserve the right to choose while promoting policies and programs that improve women's health and make abortion less necessary. NARAL Pro-Choice America works to educate Americans and officeholders about reproductive rights and health issues and elect pro-choice candidates at all levels of government. The NARAL ratings are based on the votes the organization considered most important; the numbers reflect the percentage of time the representative voted the organization's preferred position.
Source: NARAL website 03n-NARAL on Dec 31, 2003
Rated 100% by the NRLC, indicating a pro-life stance.
Herger scores 100% by the NRLC on abortion issues
OnTheIssues.org interprets the 2006 NRLC scores as follows:
About the NRLC (from their website, www.nrlc.org):
- 0% - 15%: pro-choice stance (approx. 174 members)
- 16%- 84%: mixed record on abortion (approx. 101 members)
- 85%-100%: pro-life stance (approx. 190 members)
The ultimate goal of the National Right to Life Committee is to restore legal protection to innocent human life. The primary interest of the National Right to Life Committee and its members has been the abortion controversy; however, it is also concerned with related matters of medical ethics which relate to the right to life issues of euthanasia and infanticide. The Committee does not have a position on issues such as contraception, sex education, capital punishment, and national defense.
The National Right to Life Committee was founded in 1973 in response to the Roe vs. Wade Supreme Court decision, legalizing the practice of human abortion in all 50 states, throughout the entire nine months of pregnancy.
The NRLC has been instrumental in achieving a number of legislative reforms at the national level, including a ban on non-therapeutic experimentation of unborn and newborn babies, a federal conscience clause guaranteeing medical personnel the right to refuse to participate in abortion procedures, and various amendments to appropriations bills which prohibit (or limit) the use of federal funds to subsidize or promote abortions in the United States and overseas.
In addition to maintaining a lobbying presence at the federal level, NRLC serves as a clearinghouse of information for its state affiliates and local chapters, its individual members, the press, and the public.
Source: NRLC website 06n-NRLC on Dec 31, 2006
Prohibit transporting minors across state lines for abortion.
Herger co-sponsored prohibiting taking minors across state lines for abortion
A bill to prohibit taking minors across State lines in circumvention of laws requiring the involvement of parents in abortion decisions.
Source: Child Custody Protection Act (S.2543&H.R.1063) 08-SR2543 on Jan 22, 2008
- Amends the federal criminal code to prohibit transporting a minor child across a state line to obtain an abortion (deems such transporting to be a de facto abridgment of the right of a parent under any law in the minor's state of residence that requires parental involvement in the minor's abortion decision).
- Makes an exception for an abortion necessary to safe the life of the minor.
- Makes it an affirmative defense to a prosecution or civil action under this Act that a defendant reasonably believed that required parental consent or judicial authorization took place.
- Imposes a fine and/or prison term of up to one year on anyone who has committed an act of incest with a minor and knowingly transports such minor across a state line to obtain an abortion.
Bar funding for abortion under federal Obamacare plans.
Herger signed H.R.5939
A bill to prohibit taxpayer funded abortions and to provide for conscience protections, and for other purposes:
Source: No Taxpayer Funding for Abortion Act 10-HR5939 on Jul 29, 2010
- No funds authorized or appropriated by federal law, and none of the funds in any trust fund to which funds are authorized or appropriated by federal law, shall be expended for any abortion.
- None of the funds authorized or appropriated by federal law, and none of the funds in any trust fund to which funds are authorized or appropriated by federal law, shall be expended for health benefits coverage that includes coverage of abortion.
- No credit shall be allowed under the internal revenue laws with respect to amounts paid or incurred for an abortion or with respect to amounts paid or incurred for a health benefits plan (including premium assistance) that includes coverage of abortion.
- No health care service furnished or operated by the Federal government may include abortion.
Nothing in this chapter shall be construed as prohibiting purchasing separate abortion coverage or health benefits coverage that includes abortion so long as such coverage is paid for entirely using non-federal funds.
- Nothing in this chapter shall be construed as restricting the ability of any nonfederal health benefits coverage provider from offering abortion coverage, so long as only non-federal funds are used and such coverage shall not be purchased using matching funds required for a federally subsidized program.
- The limitations shall not apply to an abortion if the pregnancy is the result of an act of forcible rape, or incest with a minor; or in the case the woman is in danger of death unless an abortion is performed.
Ban abortions for sex selection or race selection.
Herger co-sponsored PRENDA: Prenatal Nondiscrimination Act
Congressional Summary: Susan B. Anthony and Frederick Douglass Prenatal Nondiscrimination Act of 2011: Imposes criminal penalties on anyone who knowingly or knowingly attempts to:
Deems a violation of this Act to be prohibited discrimination under the Civil Rights Act of 1964. (Violators lose federal funding.)
- perform an abortion that is sought based on the sex, gender, color or race of the child, or the race of a parent;
- use the threat of force to intimidate any person for the purpose of coercing a sex-selection or race-selection abortion;
- solicit or accept funds for the performance of such an abortion; or
- transport a woman across a state line for the purpose of obtaining such an abortion.
Sponsor's Letter (Rep. Trent Franks):PRENDA restricts sex-selection abortion and race-selection abortion, and the coercion of a woman to obtain either.
The woman seeking an abortion is exempted from prosecution, while abortion providers are held to account.
Opponents' Opinion (Erin Gloria Ryan on jezebel.com):Rep. Franks, a white man, has claimed that his desire to disallow "race-selective abortions" is based on his concern that the black community is having so many abortions. He doesn't say how, exactly, doctors are supposed to determine that a black woman seeking an abortion is doing so because her fetus would be black or whether she's just doing it because she doesn't want to be pregnant. Let's be honest here: this isn't really about saving girls and minorities; it's about eventually making abortion illegal. A sex-selection ban would present the Supreme Court with a dilemma: it dares the pro-abortion justices to embrace an abortion right to kill girls for being girls.
Source: H.R.3541 11-H3541 on Dec 1, 2011
Prohibit federal funding for abortion.
Herger signed No Taxpayer Funding for Abortion Act
TITLE I: Prohibiting Federally-Funded Abortions and Providing for Conscience Protections
- Prohibits federal funds from being used for any health benefits coverage that includes coverage of abortion. (Currently, federal funds cannot be used for abortion services and plans receiving federal funds must keep federal funds segregated from any funds for abortion services.)
- Excludes from such prohibitions an abortion if: the pregnancy is the result of rape or incest; or the woman would be place in danger of death unless an abortion is performed.
TITLE II: Elimination of Certain Tax Benefits Relating to Abortion
Source: H.R.3 &S.906 11-HR0003 on May 5, 2011
- Disqualifies, for purposes of the tax deduction for medical expenses, any amounts paid for an abortion.
- Excludes from the definition of "qualified health plan" after 2013, for purposes of the refundable tax credit for premium assistance for such plans, any plan that includes coverage for abortion.
Congress shall protect life beginning with fertilization.
Herger co-sponsored Sanctity of Human Life Act
Declares that:The terms 'human' and 'human being' include each and every member of the species homo sapiens at all stages of life, beginning with the earliest stage of development, created by the process of fertilization, cloning, or its functional equivalent.
Source: H.R.212 11-HR212 on Jan 7, 2011
- the right to life guaranteed by the Constitution is vested in each human and is the person's paramount and most fundamental right;
- each human life begins with fertilization, cloning, or its functional equivalent, at which time every human has all legal and constitutional attributes and privileges of personhood; and
- Congress, each state, and all U.S. territories have the authority to protect all human lives.
Prohibit federal funding to groups like Planned Parenthood.
Herger co-sponsored Title X Abortion Provider Prohibition Act
Congressional Summary:Prohibits providing any federal family planning assistance to an entity unless the entity will not perform, and will not provide any funds to any other entity that performs, an abortion. Excludes an abortion where: (1) the pregnancy is the result of an act of rape or an act of incest against a minor; or (2) a physician certifies that the woman suffered from a physical disorder, injury, or illness that would place the woman in danger of death unless an abortion is performed.
Wikipedia Explanation:Title X of the Public Health Service Act, titled "Population Research and Voluntary Family Planning Programs" is a US government program dedicated to providing family planning services for those in need. Title X provides access to contraceptive services, supplies and information. Priority for services is given to persons of low-income.
Sponsor Remarks by Rep. Mike Pence:It is morally wrong to take the taxpayer dollars of
millions of pro-life Americans and use them to promote abortion. Last year, Planned Parenthood received more than $363 million in revenue from government grants; and performed an unprecedented 324,008 abortions. The largest abortion provider in America should not also be the largest recipient of federal funding under Title X. The Title X Abortion Provider Prohibition Act will prevent any family planning funds under Title X from going to Planned Parenthood or other organizations that perform abortions. It will ensure that abortion providers are not being subsidized with federal tax dollars.
OnTheIssues Explanation: Federal money is never explicitly provided for abortions. But Planned Parenthood does provide abortions, paid for via private funds. At issue is the "fungibility" of money: Planned Parenthood can use federal funds to supplement their budget and hence free up other funds for abortion. This bill would end that practice.
Source: H.R.217 11-HR217 on Jan 7, 2011
Grant the pre-born equal protection under 14th Amendment.
Herger co-sponsored granting the pre-born equal protection under 14th Amendment
Bill would implement equal protection under the 14th Amendment to the Constitution for the right to life of each born and preborn human person. The Right to Life Act declares that the right to life guaranteed by the Constitution is vested in each human being, and defines "human being" to encompass all stages of life, including the moment of fertilization or cloning.
Source: Right to Life Act (H.R.618) 2007-HR618 on Jan 22, 2007
Page last updated: Jun 13, 2012