No Taxpayer Funding for Abortion and Abortion Insurance Full Disclosure Act of 2021

II 117TH CONGRESS 1ST SESSION S. 92 To prohibit taxpayer funded abortions. IN THE SENATE OF THE UNITED STATES JANUARY 28, 2021 Mr. WICKER (for himself, Mr. BARRASSO, Mrs. BLACKBURN, Mr. BLUNT, Mr. BOOZMAN, Mr. BRAUN, Mrs. CAPITO, Mr. CASSIDY, Mr. CORNYN, Mr. COTTON, Mr. CRAMER, Mr. CRAPO, Mr. CRUZ, Mr. DAINES, Ms. ERNST, Mrs. FISCHER, Mr. GRAHAM, Mr. GRASSLEY, Mr. HAGERTY, Mr. HAWLEY, Mr. HOEVEN, Mrs. HYDE-SMITH, Mr. INHOFE, Mr. JOHNSON, Mr. KENNEDY, Mr. LANKFORD, Mr. LEE, Ms. LUMMIS, Mr. MARSHALL, Mr. MCCONNELL, Mr. MORAN, Mr. PAUL, Mr. PORTMAN, Mr. RISCH, Mr. ROMNEY, Mr. ROUNDS, Mr. RUBIO, Mr. SASSE, Mr. SCOTT of Flor- ida, Mr. SCOTT of South Carolina, Mr. SHELBY, Mr. SULLIVAN, Mr. THUNE, Mr. TILLIS, Mr. TOOMEY, Mr. TUBERVILLE, and Mr. YOUNG) introduced the following bill; which was read twice and referred to the Committee on Finance 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 2021’’. 6 VerDate Sep 11 2014 19:08 Feb 09, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S92.IS S92 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 92 IS (b) TABLE OF CONTENTS.—The table of contents of 1 this Act is as follows: 2 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- 3 ALLY FUNDED ABORTIONS 4 SEC. 101. PROHIBITING TAXPAYER FUNDED ABORTIONS. 5 Title 1, United States Code is amended by adding 6 at the end the following new chapter: 7 ‘‘CHAPTER 4—PROHIBITING TAXPAYER 8 FUNDED ABORTIONS 9 ‘‘301. Prohibition on funding for abortions. ‘‘302. Prohibition on funding for health benefits plans that cover abortion. ‘‘303. Limitation on Federal facilities and employees. ‘‘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 10 ‘‘No funds authorized or appropriated by Federal 11 law, and none of the funds in any trust fund to which 12 funds are authorized or appropriated by Federal law, shall 13 be expended for any abortion. 14 VerDate Sep 11 2014 19:08 Feb 09, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S92.IS S92 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 92 IS ‘‘§ 302. Prohibition on funding for health benefits 1 plans that cover abortion 2 ‘‘None of the funds authorized or appropriated by 3 Federal law, and none of the funds in any trust fund to 4 which funds are authorized or appropriated by Federal 5 law, shall be expended for health benefits coverage that 6 includes coverage of abortion. 7 ‘‘§ 303. Limitation on Federal facilities and employees 8 ‘‘No health care service furnished— 9 ‘‘(1) by or in a health care facility owned or op- 10 erated by the Federal Government; or 11 ‘‘(2) by any physician or other individual em- 12 ployed by the Federal Government to provide health 13 care services within the scope of the physician’s or 14 individual’s employment, 15 may include abortion. 16 ‘‘§ 304. Construction relating to separate coverage 17 ‘‘Nothing in this chapter shall be construed as pro- 18 hibiting any individual, entity, or State or locality from 19 purchasing separate abortion coverage or health benefits 20 coverage that includes abortion so long as such coverage 21 is paid for entirely using only funds not authorized or ap- 22 propriated by Federal law and such coverage shall not be 23 purchased using matching funds required for a federally 24 subsidized program, including a State’s or locality’s con- 25 tribution of Medicaid matching funds. 26 VerDate Sep 11 2014 19:08 Feb 09, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S92.IS S92 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 92 IS ‘‘§ 305. Construction relating to the use of non-Fed- 1 eral funds for health coverage 2 ‘‘Nothing in this chapter shall be construed as re- 3 stricting the ability of any non-Federal health benefits cov- 4 erage provider from offering abortion coverage, or the abil- 5 ity of a State or locality to contract separately with such 6 a provider for such coverage, so long as only funds not 7 authorized or appropriated by Federal law are used and 8 such coverage shall not be purchased using matching 9 funds required for a federally subsidized program, includ- 10 ing a State’s or locality’s contribution of Medicaid match- 11 ing funds. 12 ‘‘§ 306. Non-preemption of other Federal laws 13 ‘‘Nothing in this chapter shall repeal, amend, or have 14 any effect on any other Federal law to the extent such 15 law imposes any limitation on the use of funds for abortion 16 or for health benefits coverage that includes coverage of 17 abortion, beyond the limitations set forth in this chapter. 18 ‘‘§ 307. Construction relating to complications arising 19 from abortion 20 ‘‘Nothing in this chapter shall be construed to apply 21 to the treatment of any infection, injury, disease, or dis- 22 order that has been caused by or exacerbated by the per- 23 formance of an abortion. This rule of construction shall 24 be applicable without regard to whether the abortion was 25 performed in accord with Federal or State law, and with- 26 VerDate Sep 11 2014 19:08 Feb 09, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S92.IS S92 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 92 IS out regard to whether funding for the abortion is permis- 1 sible under section 308. 2 ‘‘§ 308. Treatment of abortions related to rape, incest, 3 or preserving the life of the mother 4 ‘‘The limitations established in sections 301, 302, 5 and 303 shall not apply to an abortion— 6 ‘‘(1) if the pregnancy is the result of an act of 7 rape or incest; or 8 ‘‘(2) in the case where a woman suffers from a 9 physical disorder, physical injury, or physical illness 10 that would, as certified by a physician, place the 11 woman in danger of death unless an abortion is per- 12 formed, including a life-endangering physical condi- 13 tion caused by or arising from the pregnancy itself. 14 ‘‘§ 309. Application to District of Columbia 15 ‘‘In this chapter: 16 ‘‘(1) Any reference to funds appropriated by 17 Federal law shall be treated as including any 18 amounts within the budget of the District of Colum- 19 bia that have been approved by Act of Congress pur- 20 suant to section 446 of the District of Columbia 21 Home Rule Act (or any applicable successor Federal 22 law). 23 ‘‘(2) The term ‘Federal Government’ includes 24 the government of the District of Columbia.’’. 25 VerDate Sep 11 2014 19:08 Feb 09, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S92.IS S92 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 92 IS SEC. 102. AMENDMENT TO TABLE OF CHAPTERS. 1 The table of chapters for title 1, United States Code, 2 is amended by adding at the end the following new item: 3 ‘‘4. Prohibiting taxpayer funded abortions ............................ 301’’. TITLE II—APPLICATION UNDER 4 THE AFFORDABLE CARE ACT 5 SEC. 201. CLARIFYING APPLICATION OF PROHIBITION TO 6 PREMIUM CREDITS AND COST-SHARING RE- 7 DUCTIONS UNDER ACA. 8 (a) IN GENERAL.— 9 (1) DISALLOWANCE OF REFUNDABLE CREDIT 10 AND COST-SHARING REDUCTIONS FOR COVERAGE 11 UNDER QUALIFIED HEALTH PLAN WHICH PROVIDES 12 COVERAGE FOR ABORTION.— 13 (A) IN GENERAL.—Subparagraph (A) of 14 section 36B(c)(3) of the Internal Revenue Code 15 of 1986 is amended by inserting before the pe- 16 riod at the end the following: ‘‘or any health 17 plan that includes coverage for abortions (other 18 than any abortion or treatment described in 19 section 307 or 308 of title 1, United States 20 Code)’’. 21 (B) OPTION TO PURCHASE OR OFFER SEP- 22 ARATE COVERAGE OR PLAN.—Paragraph (3) of 23 section 36B(c) of such Code is amended by 24 VerDate Sep 11 2014 19:08 Feb 09, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S92.IS S92 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 92 IS adding at the end the following new subpara- 1 graph: 2 ‘‘(C) SEPARATE ABORTION COVERAGE OR 3 PLAN ALLOWED.— 4 ‘‘(i) OPTION TO PURCHASE SEPARATE 5 COVERAGE OR PLAN.—Nothing in subpara- 6 graph (A) shall be construed as prohibiting 7 any individual from purchasing separate 8 coverage for abortions described in such 9 subparagraph, or a health plan that in- 10 cludes such abortions, so long as no credit 11 is allowed under this section with respect 12 to the premiums for such coverage or plan. 13 ‘‘(ii) OPTION TO OFFER COVERAGE OR 14 PLAN.—Nothing in subparagraph (A) shall 15 restrict any non-Federal health insurance 16 issuer offering a health plan from offering 17 separate coverage for abortions described 18 in such subparagraph, or a plan that in- 19 cludes such abortions, so long as premiums 20 for such separate coverage or plan are not 21 paid for with any amount attributable to 22 the credit allowed under this section (or 23 the amount of any advance payment of the 24 VerDate Sep 11 2014 19:08 Feb 09, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S92.IS S92 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 92 IS credit under section 1412 of the Patient 1 Protection and Affordable Care Act).’’. 2 (2) DISALLOWANCE OF SMALL EMPLOYER 3 HEALTH INSURANCE EXPENSE CREDIT FOR PLAN 4 WHICH INCLUDES COVERAGE FOR ABORTION.—Sub- 5 section (h) of section 45R of the Internal Revenue 6 Code of 1986 is amended— 7 (A) by striking ‘‘Any term’’ and inserting 8 the following: 9 ‘‘(1) IN GENERAL.—Any term’’; and 10 (B) by adding at the end the following new 11 paragraph: 12 ‘‘(2) EXCLUSION OF HEALTH PLANS INCLUDING 13 COVERAGE FOR ABORTION.— 14 ‘‘(A) IN GENERAL.—The term ‘qualified 15 health plan’ does not include any health plan 16 that includes coverage for abortions (other than 17 any abortion or treatment described in section 18 307 or 308 of title 1, United States Code). 19 ‘‘(B) SEPARATE ABORTION COVERAGE OR 20 PLAN ALLOWED.— 21 ‘‘(i) OPTION TO PURCHASE SEPARATE 22 COVERAGE OR PLAN.—Nothing in subpara- 23 graph (A) shall be construed as prohibiting 24 any employer from purchasing for its em- 25 VerDate Sep 11 2014 19:08 Feb 09, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S92.IS S92 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 92 IS ployees separate coverage for abortions de- 1 scribed in such subparagraph, or a health 2 plan that includes such abortions, so long 3 as no credit is allowed under this section 4 with respect to the employer contributions 5 for such coverage or plan. 6 ‘‘(ii) OPTION TO OFFER COVERAGE OR 7 PLAN.—Nothing in subparagraph (A) shall 8 restrict any non-Federal health insurance 9 issuer offering a health plan from offering 10 separate coverage for abortions described 11 in such subparagraph, or a plan that in- 12 cludes such abortions, so long as such sep- 13 arate coverage or plan is not paid for with 14 any employer contribution eligible for the 15 credit allowed under this section.’’. 16 (3) CONFORMING ACA AMENDMENTS.—Section 17 1303(b) of Public Law 111–148 (42 U.S.C. 18 18023(b)) is amended— 19 (A) by striking paragraph (2); 20 (B) by striking paragraph (3), as amended 21 by section 202(a); and 22 (C) by redesignating paragraph (4) as 23 paragraph (2). 24 VerDate Sep 11 2014 19:08 Feb 09, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S92.IS S92 pamtmann on DSKBC07HB2PROD with BILLS 10 •S 92 IS (b) APPLICATION TO MULTI-STATE PLANS.—Para- 1 graph (6) of section 1334(a) of Public Law 111–148 (42 2 U.S.C. 18054(a)) is amended to read as follows: 3 ‘‘(6) COVERAGE CONSISTENT WITH FEDERAL 4 ABORTION POLICY.—In entering into contracts 5 under this subsection, the Director shall ensure that 6 no multi-State qualified health plan offered in an 7 Exchange provides health benefits coverage for 8 which the expenditure of Federal funds is prohibited 9 under chapter 4 of title 1, United States Code.’’. 10 (c) EFFECTIVE DATES.— 11 (1) IN GENERAL.—The amendments made by 12 paragraphs (1) and (2) of subsection (a) shall apply 13 to taxable years ending after December 31, 2021, 14 but only with respect to plan years beginning after 15 December 31, 2021. 16 (2) ACA AMENDMENTS.—The amendments 17 made by subsection (a)(3) shall take effect on Janu- 18 ary 1, 2022. 19 (3) MULTI-STATE PLANS.—The amendment 20 made by subsection (b) shall apply to plan years be- 21 ginning after December 31, 2021. 22 VerDate Sep 11 2014 19:08 Feb 09, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S92.IS S92 pamtmann on DSKBC07HB2PROD with BILLS 11 •S 92 IS SEC. 202. REVISION OF NOTICE REQUIREMENTS REGARD- 1 ING DISCLOSURE OF EXTENT OF HEALTH 2 PLAN COVERAGE OF ABORTION AND ABOR- 3 TION PREMIUM SURCHARGES. 4 (a) IN GENERAL.—Paragraph (3) of section 1303(b) 5 of Public Law 111–148 (42 U.S.C. 18023(b)) is amended 6 to read as follows: 7 ‘‘(3) RULES RELATING TO NOTICE.— 8 ‘‘(A) IN GENERAL.—The extent of cov- 9 erage (if any) of services described in para- 10 graph (1)(B)(i) or (1)(B)(ii) by a qualified 11 health plan shall be disclosed to enrollees at the 12 time of enrollment in the plan and shall be 13 prominently displayed in any marketing or ad- 14 vertising materials, comparison tools, or sum- 15 mary of benefits and coverage explanation made 16 available with respect to such plan by the issuer 17 of the plan, by an Exchange, or by the Sec- 18 retary, including information made available 19 through an Internet portal or Exchange under 20 sections 1311(c)(5) and 1311(d)(4)(C). 21 ‘‘(B) SEPARATE DISCLOSURE OF ABOR- 22 TION SURCHARGES.—In the case of a qualified 23 health plan that includes the services described 24 in paragraph (1)(B)(i) and where the premium 25 for the plan is disclosed, including in any mar- 26 VerDate Sep 11 2014 19:08 Feb 09, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S92.IS S92 pamtmann on DSKBC07HB2PROD with BILLS 12 •S 92 IS keting or advertising materials or any other in- 1 formation referred to in subparagraph [Text truncated for display. 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