No Taxpayer Funding for Abortion and Abortion Insurance Full Disclosure Act of 2023

I 118TH CONGRESS 1ST SESSION H. R. 7 To prohibit taxpayer funded abortions. IN THE HOUSE OF REPRESENTATIVES JANUARY 9, 2023 Mr. SMITH of New Jersey (for himself, Mrs. FISCHBACH, Ms. STEFANIK, Mrs. RODGERS of Washington, Ms. FOXX, Mrs. HARSHBARGER, Mrs. BICE, Ms. MACE, Mr. KELLY of Pennsylvania, Mr. JOHNSON of Louisiana, Mr. ADERHOLT, Mr. BANKS, Mr. BABIN, Mr. LATTA, Mr. ESTES, Mr. BOST, Mr. WEBER of Texas, Mr. WENSTRUP, Mr. BALDERSON, Mr. BERGMAN, Mr. BISHOP of North Carolina, Mr. BURCHETT, Mr. CARTER of Georgia, Mr. CLINE, Mr. CLYDE, Mr. DUNCAN, Mr. ELLZEY, Mr. FEENSTRA, Mr. FERGUSON, Mr. FINSTAD, Mr. FULCHER, Mr. GALLAGHER, Mr. GRAVES of Louisiana, Mr. GUEST, Mr. HIGGINS of Louisiana, Mr. HUDSON, Mr. ISSA, Mr. JACKSON of Texas, Mr. JOHNSON of South Dakota, Mr. JOYCE of Pennsylvania, Mr. LAHOOD, Mr. LOUDERMILK, Mr. LUETKEMEYER, Mr. MOONEY, Mr. MOORE of Utah, Mr. PERRY, Mr. POSEY, Mr. ROSE, Mr. THOMPSON of Pennsylvania, Mr. WALBERG, Mr. WEBSTER of Flor- ida, Mr. WOMACK, Mr. BURGESS, Mr. STAUBER, Mr. MAST, Mr. FALLON, Mr. GRIFFITH, Mr. SMUCKER, Ms. TENNEY, Mr. MEUSER, Mr. CARL, Mr. AUSTIN SCOTT of Georgia, Mr. FLEISCHMANN, Mrs. HINSON, Mr. KUSTOFF, Mr. HARRIS, Mr. MOOLENAAR, Mr. GOOD of Virginia, Mr. SIMPSON, Mr. BUCSHON, Mr. LANGWORTHY, Mr. LAMALFA, Mrs. KIM of California, Mr. HUIZENGA, Mrs. MCCLAIN, Mrs. MILLER of West Vir- ginia, Mr. BUCHANAN, Mr. RESCHENTHALER, Mr. TIMMONS, Mr. PALM- ER, Mr. CLOUD, Mr. JOYCE of Ohio, Mr. WALTZ, Mr. CRENSHAW, Mr. MCCLINTOCK, Mr. LAMBORN, Mr. MANN, Mr. GAETZ, Mrs. LESKO, Mr. GUTHRIE, Mr. EZELL, Ms. LETLOW, Mr. WILSON of South Carolina, Mr. C. SCOTT FRANKLIN of Florida, Mrs. HOUCHIN, Mr. LATURNER, Mr. GROTHMAN, Mr. FRY, Mr. BRECHEEN, Mr. MCHENRY, Mrs. BOEBERT, Mr. TURNER, Mr. BARR, Mr. ARMSTRONG, and Mr. GREEN of Ten- nessee) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on the Ju- diciary, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned VerDate Sep 11 2014 00:49 Jan 11, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H7.IH H7 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 7 IH A BILL To prohibit taxpayer funded abortions. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘No Taxpayer Funding for Abortion and Abortion Insur- 5 ance Full Disclosure Act of 2023’’. 6 (b) TABLE OF CONTENTS.—The table of contents of 7 this Act is as follows: 8 Sec. 1. Short title; table of contents. TITLE I—PROHIBITING FEDERALLY FUNDED ABORTIONS Sec. 101. Prohibiting taxpayer funded abortions. Sec. 102. Amendment to table of chapters. TITLE II—APPLICATION UNDER THE AFFORDABLE CARE ACT Sec. 201. Clarifying application of prohibition to premium credits and cost- sharing reductions under ACA. Sec. 202. Revision of notice requirements regarding disclosure of extent of health plan coverage of abortion and abortion premium sur- charges. TITLE I—PROHIBITING FEDER- 9 ALLY FUNDED ABORTIONS 10 SEC. 101. PROHIBITING TAXPAYER FUNDED ABORTIONS. 11 Title 1, United States Code, is amended by adding 12 at the end the following new chapter: 13 ‘‘CHAPTER 4—PROHIBITING TAXPAYER 14 FUNDED ABORTIONS 15 ‘‘301. Prohibition on funding for abortions. ‘‘302. Prohibition on funding for health benefits plans that cover abortion. ‘‘303. Limitation on Federal facilities and employees. VerDate Sep 11 2014 00:49 Jan 11, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\H7.IH H7 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 7 IH ‘‘304. Construction relating to separate coverage. ‘‘305. Construction relating to the use of non-Federal funds for health coverage. ‘‘306. Non-preemption of other Federal laws. ‘‘307. Construction relating to complications arising from abortion. ‘‘308. Treatment of abortions related to rape, incest, or preserving the life of the mother. ‘‘309. Application to District of Columbia. ‘‘§ 301. Prohibition on funding for abortions 1 ‘‘No funds authorized or appropriated by Federal 2 law, and none of the funds in any trust fund to which 3 funds are authorized or appropriated by Federal law, shall 4 be expended for any abortion. 5 ‘‘§ 302. Prohibition on funding for health benefits 6 plans that cover abortion 7 ‘‘None of the funds authorized or appropriated by 8 Federal law, and none of the funds in any trust fund to 9 which funds are authorized or appropriated by Federal 10 law, shall be expended for health benefits coverage that 11 includes coverage of abortion. 12 ‘‘§ 303. Limitation on Federal facilities and employees 13 ‘‘No health care service furnished— 14 ‘‘(1) by or in a health care facility owned or op- 15 erated by the Federal Government; or 16 ‘‘(2) by any physician or other individual em- 17 ployed by the Federal Government to provide health 18 care services within the scope of the physician’s or 19 individual’s employment, 20 may include abortion. 21 VerDate Sep 11 2014 00:49 Jan 11, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7.IH H7 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 7 IH ‘‘§ 304. Construction relating to separate coverage 1 ‘‘Nothing in this chapter shall be construed as pro- 2 hibiting any individual, entity, or State or locality from 3 purchasing separate abortion coverage or health benefits 4 coverage that includes abortion so long as such coverage 5 is paid for entirely using only funds not authorized or ap- 6 propriated by Federal law and such coverage shall not be 7 purchased using matching funds required for a federally 8 subsidized program, including a State’s or locality’s con- 9 tribution of Medicaid matching funds. 10 ‘‘§ 305. Construction relating to the use of non-Fed- 11 eral funds for health coverage 12 ‘‘Nothing in this chapter shall be construed as re- 13 stricting the ability of any non-Federal health benefits cov- 14 erage provider from offering abortion coverage, or the abil- 15 ity of a State or locality to contract separately with such 16 a provider for such coverage, so long as only funds not 17 authorized or appropriated by Federal law are used and 18 such coverage shall not be purchased using matching 19 funds required for a federally subsidized program, includ- 20 ing a State’s or locality’s contribution of Medicaid match- 21 ing funds. 22 ‘‘§ 306. Non-preemption of other Federal laws 23 ‘‘Nothing in this chapter shall repeal, amend, or have 24 any effect on any other Federal law to the extent such 25 law imposes any limitation on the use of funds for abortion 26 VerDate Sep 11 2014 00:49 Jan 11, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H7.IH H7 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •HR 7 IH or for health benefits coverage that includes coverage of 1 abortion, beyond the limitations set forth in this chapter. 2 ‘‘§ 307. Construction relating to complications arising 3 from abortion 4 ‘‘Nothing in this chapter shall be construed to apply 5 to the treatment of any infection, injury, disease, or dis- 6 order that has been caused by or exacerbated by the per- 7 formance of an abortion. This rule of construction shall 8 be applicable without regard to whether the abortion was 9 performed in accord with Federal or State law, and with- 10 out regard to whether funding for the abortion is permis- 11 sible under section 308. 12 ‘‘§ 308. Treatment of abortions related to rape, incest, 13 or preserving the life of the mother 14 ‘‘The limitations established in sections 301, 302, 15 and 303 shall not apply to an abortion— 16 ‘‘(1) if the pregnancy is the result of an act of 17 rape or incest; or 18 ‘‘(2) in the case where a woman suffers from a 19 physical disorder, physical injury, or physical illness 20 that would, as certified by a physician, place the 21 woman in danger of death unless an abortion is per- 22 formed, including a life-endangering physical condi- 23 tion caused by or arising from the pregnancy itself. 24 VerDate Sep 11 2014 00:49 Jan 11, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H7.IH H7 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •HR 7 IH ‘‘§ 309. Application to District of Columbia 1 ‘‘In this chapter: 2 ‘‘(1) Any reference to funds appropriated by 3 Federal law shall be treated as including any 4 amounts within the budget of the District of Colum- 5 bia that have been approved by an Act of Congress 6 pursuant to section 446 of the District of Columbia 7 Home Rule Act (or any applicable successor Federal 8 law). 9 ‘‘(2) The term ‘Federal Government’ includes 10 the government of the District of Columbia.’’. 11 SEC. 102. AMENDMENT TO TABLE OF CHAPTERS. 12 The table of chapters for title 1, United States Code, 13 is amended by adding at the end the following new item: 14 ‘‘4. Prohibiting taxpayer funded abortions ............................ 301’’. TITLE II—APPLICATION UNDER 15 THE AFFORDABLE CARE ACT 16 SEC. 201. CLARIFYING APPLICATION OF PROHIBITION TO 17 PREMIUM CREDITS AND COST-SHARING RE- 18 DUCTIONS UNDER ACA. 19 (a) IN GENERAL.— 20 (1) DISALLOWANCE OF REFUNDABLE CREDIT 21 AND COST-SHARING REDUCTIONS FOR COVERAGE 22 UNDER QUALIFIED HEALTH PLAN WHICH PROVIDES 23 COVERAGE FOR ABORTION.— 24 VerDate Sep 11 2014 00:49 Jan 11, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H7.IH H7 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •HR 7 IH (A) IN GENERAL.—Subparagraph (A) of 1 section 36B(c)(3) of the Internal Revenue Code 2 of 1986 is amended by inserting before the pe- 3 riod at the end the following: ‘‘or any health 4 plan that includes coverage for abortions (other 5 than any abortion or treatment described in 6 section 307 or 308 of title 1, United States 7 Code)’’. 8 (B) OPTION TO PURCHASE OR OFFER SEP- 9 ARATE COVERAGE OR PLAN.—Paragraph (3) of 10 section 36B(c) of such Code is amended by 11 adding at the end the following new subpara- 12 graph: 13 ‘‘(C) SEPARATE ABORTION COVERAGE OR 14 PLAN ALLOWED.— 15 ‘‘(i) OPTION TO PURCHASE SEPARATE 16 COVERAGE OR PLAN.—Nothing in subpara- 17 graph (A) shall be construed as prohibiting 18 any individual from purchasing separate 19 coverage for abortions described in such 20 subparagraph, or a health plan that in- 21 cludes such abortions, so long as no credit 22 is allowed under this section with respect 23 to the premiums for such coverage or plan. 24 VerDate Sep 11 2014 00:49 Jan 11, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H7.IH H7 pbinns on DSKJLVW7X2PROD with $$_JOB 8 •HR 7 IH ‘‘(ii) OPTION TO OFFER COVERAGE OR 1 PLAN.—Nothing in subparagraph (A) shall 2 restrict any non-Federal health insurance 3 issuer offering a health plan from offering 4 separate coverage for abortions described 5 in such subparagraph, or a plan that in- 6 cludes such abortions, so long as premiums 7 for such separate coverage or plan are not 8 paid for with any amount attributable to 9 the credit allowed under this section (or 10 the amount of any advance payment of the 11 credit under section 1412 of the Patient 12 Protection and Affordable Care Act).’’. 13 (2) DISALLOWANCE OF SMALL EMPLOYER 14 HEALTH INSURANCE EXPENSE CREDIT FOR PLAN 15 WHICH INCLUDES COVERAGE FOR ABORTION.—Sub- 16 section (h) of section 45R of the Internal Revenue 17 Code of 1986 is amended— 18 (A) by striking ‘‘Any term’’ and inserting 19 the following: 20 ‘‘(1) IN GENERAL.—Any term’’; and 21 (B) by adding at the end the following new 22 paragraph: 23 ‘‘(2) EXCLUSION OF HEALTH PLANS INCLUDING 24 COVERAGE FOR ABORTION.— 25 VerDate Sep 11 2014 00:49 Jan 11, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H7.IH H7 pbinns on DSKJLVW7X2PROD with $$_JOB 9 •HR 7 IH ‘‘(A) IN GENERAL.—The term ‘qualified 1 health plan’ does not include any health plan 2 that includes coverage for abortions (other than 3 any abortion or treatment described in section 4 307 or 308 of title 1, United States Code). 5 ‘‘(B) SEPARATE ABORTION COVERAGE OR 6 PLAN ALLOWED.— 7 ‘‘(i) OPTION TO PURCHASE SEPARATE 8 COVERAGE OR PLAN.—Nothing in subpara- 9 graph (A) shall be construed as prohibiting 10 any employer from purchasing for its em- 11 ployees separate coverage for abortions de- 12 scribed in such subparagraph, or a health 13 plan that includes such abortions, so long 14 as no credit is allowed under this section 15 with respect to the employer contributions 16 for such coverage or plan. 17 ‘‘(ii) OPTION TO OFFER COVERAGE OR 18 PLAN.—Nothing in subparagraph (A) shall 19 restrict any non-Federal health insurance 20 issuer offering a health plan from offering 21 separate coverage for abortions described 22 in such subparagraph, or a plan that in- 23 cludes such abortions, so long as such sep- 24 arate coverage or plan is not paid for with 25 VerDate Sep 11 2014 00:49 Jan 11, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H7.IH H7 pbinns on DSKJLVW7X2PROD with $$_JOB 10 •HR 7 IH any employer contribution eligible for the 1 credit allowed under this section.’’. 2 (3) CONFORMING ACA AMENDMENTS.—Section 3 1303(b) of Public Law 111–148 (42 U.S.C. 4 18023(b)) is amended— 5 (A) by striking paragraph (2); 6 (B) by striking paragraph (3), as amended 7 by section 202(a); and 8 (C) by redesignating paragraph (4) as 9 paragraph (2). 10 (b) APPLICATION TO MULTI-STATE PLANS.—Para- 11 graph (6) of section 1334(a) of Public Law 111–148 (42 12 U.S.C. 18054(a)) is amended to read as follows: 13 ‘‘(6) COVERAGE CONSISTENT WITH FEDERAL 14 ABORTION POLICY.—In entering into contracts 15 under this subsection, the Director shall ensure that 16 no multi-State qualified health plan offered in an 17 Exchange provides health benefits coverage for 18 which the expenditure of Federal funds is prohibited 19 under chapter 4 of title 1, United States Code.’’. 20 (c) EFFECTIVE DATE.—The amendments made by 21 subsection (a) shall apply to taxable years ending after 22 December 31, 2023, but only with respect to plan years 23 beginning after such date, and the amendment made by 24 VerDate Sep 11 2014 00:49 Jan 11, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H7.IH H7 pbinns on DSKJLVW7X2PROD with $$_JOB 11 •HR 7 IH subsection (b) shall apply to plan years beginning after 1 such date. 2 SEC. 202. REVISION OF NOTICE REQUIREMENTS REGARD- 3 ING DISCLOSURE OF EXTENT OF HEALTH 4 PLAN COVERAGE OF ABORTION AND ABOR- 5 TION PREMIUM SURCHARGES. 6 (a) IN GENERAL.—Paragraph (3) of section 1303(b) 7 of Public Law 111–148 (42 U.S.C. 18023(b)) is amended 8 to read as follows: 9 ‘‘(3) RULES RELATING TO NOTICE.— 10 ‘‘(A) IN GENERAL.—The extent of cov- 11 erage (if any) of [Text truncated for display. Full text available on Congress.gov.]