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

I 117TH CONGRESS 1ST SESSION H. R. 18 To prohibit taxpayer funded abortions. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 5, 2021 Mr. SMITH of New Jersey (for himself, Mrs. HARTZLER, Mr. ADERHOLT, Mr. ALLEN, Mr. ARMSTRONG, Mr. ARRINGTON, Mr. BABIN, Mr. BACON, Mr. BALDERSON, Mr. BANKS, Mrs. BICE of Oklahoma, Mr. BIGGS, Mr. BISHOP of North Carolina, Mrs. BOEBERT, Mr. BOST, Mr. BROOKS, Mr. BUCHANAN, Mr. BUDD, Mr. BURCHETT, Mr. BURGESS, Mr. CARL, Mr. CARTER of Georgia, Mr. CHABOT, Ms. CHENEY, Mr. CLOUD, Mr. CLYDE, Mr. COLE, Mr. CURTIS, Mr. DAVIDSON, Mr. RODNEY DAVIS of Illinois, Mr. DUNCAN, Mr. DUNN, Mr. EMMER, Mr. FEENSTRA, Mrs. FISCHBACH, Mr. FORTENBERRY, Ms. FOXX, Mr. C. SCOTT FRANKLIN of Florida, Mr. GAETZ, Mr. GIBBS, Mr. GONZALEZ of Ohio, Mr. GOOD of Virginia, Mr. GRAVES of Louisiana, Mr. GRAVES of Missouri, Mr. GRIFFITH, Mr. GROTHMAN, Mr. GUEST, Mr. GUTHRIE, Mr. HAGEDORN, Mr. HARRIS, Mrs. HARSHBARGER, Mr. HERN, Ms. HERRELL, Mr. HICE of Georgia, Mrs. HINSON, Mr. HOLLINGSWORTH, Mr. HUDSON, Mr. HUIZENGA, Mr. ISSA, Mr. JACKSON, Mr. JACOBS of New York, Mr. JOHNSON of South Dakota, Mr. JOHNSON of Louisiana, Mr. JORDAN, Mr. JOYCE of Pennsyl- vania, Mr. KELLER, Mr. KELLY of Mississippi, Mr. KINZINGER, Mr. KUSTOFF, Mr. LAHOOD, Mr. LAMALFA, Mr. LAMBORN, Mr. LATTA, Mr. LATURNER, Mrs. LESKO, Mr. LOUDERMILK, Mr. LUETKEMEYER, Ms. MACE, Mr. MANN, Mr. MAST, Mr. MCCARTHY, Mrs. MCCLAIN, Mr. MCHENRY, Mr. MCKINLEY, Mrs. RODGERS of Washington, Mrs. MILLER of West Virginia, Mrs. MILLER of Illinois, Mr. MOOLENAAR, Mr. MOON- EY, Mr. MOORE of Alabama, Mr. MOORE of Utah, Mr. MULLIN, Mr. MURPHY of North Carolina, Mr. NEWHOUSE, Mr. NORMAN, Mr. OWENS, Mr. PERRY, Mr. PFLUGER, Mr. POSEY, Mr. RESCHENTHALER, Mr. RICE of South Carolina, Mr. ROGERS of Kentucky, Mr. ROGERS of Alabama, Mr. ROSE, Mr. ROSENDALE, Mr. ROUZER, Mr. ROY, Mr. RUTHERFORD, Mr. SCALISE, Mr. SCHWEIKERT, Mr. AUSTIN SCOTT of Georgia, Mr. SES- SIONS, Mr. SMITH of Missouri, Mr. SMUCKER, Mr. STAUBER, Mr. STEIL, Mr. STEUBE, Mr. STEWART, Mr. TAYLOR, Mr. THOMPSON of Pennsyl- vania, Mr. TIMMONS, Mrs. WAGNER, Mr. WALBERG, Mrs. WALORSKI, Mr. WALTZ, Mr. WEBER of Texas, Mr. WENSTRUP, Mr. WESTERMAN, Mr. WILLIAMS of Texas, Mr. WILSON of South Carolina, Mr. WOMACK, Mr. WRIGHT, and Mr. YOUNG) introduced the following bill; which was VerDate Sep 11 2014 17:52 Feb 07, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H18.IH H18 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 18 IH referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consider- ation of such provisions as fall within the jurisdiction of the committee concerned 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 (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. VerDate Sep 11 2014 17:52 Feb 07, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\H18.IH H18 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 18 IH TITLE I—PROHIBITING FEDER- 1 ALLY FUNDED ABORTIONS 2 SEC. 101. PROHIBITING TAXPAYER FUNDED ABORTIONS. 3 Title 1, United States Code, is amended by adding 4 at the end the following new chapter: 5 ‘‘CHAPTER 4—PROHIBITING TAXPAYER 6 FUNDED ABORTIONS 7 ‘‘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 8 ‘‘No funds authorized or appropriated by Federal 9 law, and none of the funds in any trust fund to which 10 funds are authorized or appropriated by Federal law, shall 11 be expended for any abortion. 12 ‘‘§ 302. Prohibition on funding for health benefits 13 plans that cover abortion 14 ‘‘None of the funds authorized or appropriated by 15 Federal law, and none of the funds in any trust fund to 16 which funds are authorized or appropriated by Federal 17 law, shall be expended for health benefits coverage that 18 includes coverage of abortion. 19 VerDate Sep 11 2014 17:52 Feb 07, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H18.IH H18 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 18 IH ‘‘§ 303. Limitation on Federal facilities and employees 1 ‘‘No health care service furnished— 2 ‘‘(1) by or in a health care facility owned or op- 3 erated by the Federal Government; or 4 ‘‘(2) by any physician or other individual em- 5 ployed by the Federal Government to provide health 6 care services within the scope of the physician’s or 7 individual’s employment, 8 may include abortion. 9 ‘‘§ 304. Construction relating to separate coverage 10 ‘‘Nothing in this chapter shall be construed as pro- 11 hibiting any individual, entity, or State or locality from 12 purchasing separate abortion coverage or health benefits 13 coverage that includes abortion so long as such coverage 14 is paid for entirely using only funds not authorized or ap- 15 propriated by Federal law and such coverage shall not be 16 purchased using matching funds required for a federally 17 subsidized program, including a State’s or locality’s con- 18 tribution of Medicaid matching funds. 19 ‘‘§ 305. Construction relating to the use of non-Fed- 20 eral funds for health coverage 21 ‘‘Nothing in this chapter shall be construed as re- 22 stricting the ability of any non-Federal health benefits cov- 23 erage provider from offering abortion coverage, or the abil- 24 ity of a State or locality to contract separately with such 25 a provider for such coverage, so long as only funds not 26 VerDate Sep 11 2014 17:52 Feb 07, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H18.IH H18 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 18 IH authorized or appropriated by Federal law are used and 1 such coverage shall not be purchased using matching 2 funds required for a federally subsidized program, includ- 3 ing a State’s or locality’s contribution of Medicaid match- 4 ing funds. 5 ‘‘§ 306. Non-preemption of other Federal laws 6 ‘‘Nothing in this chapter shall repeal, amend, or have 7 any effect on any other Federal law to the extent such 8 law imposes any limitation on the use of funds for abortion 9 or for health benefits coverage that includes coverage of 10 abortion, beyond the limitations set forth in this chapter. 11 ‘‘§ 307. Construction relating to complications arising 12 from abortion 13 ‘‘Nothing in this chapter shall be construed to apply 14 to the treatment of any infection, injury, disease, or dis- 15 order that has been caused by or exacerbated by the per- 16 formance of an abortion. This rule of construction shall 17 be applicable without regard to whether the abortion was 18 performed in accord with Federal or State law, and with- 19 out regard to whether funding for the abortion is permis- 20 sible under section 308. 21 ‘‘§ 308. Treatment of abortions related to rape, incest, 22 or preserving the life of the mother 23 ‘‘The limitations established in sections 301, 302, 24 and 303 shall not apply to an abortion— 25 VerDate Sep 11 2014 17:52 Feb 07, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H18.IH H18 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 18 IH ‘‘(1) if the pregnancy is the result of an act of 1 rape or incest; or 2 ‘‘(2) in the case where a woman suffers from a 3 physical disorder, physical injury, or physical illness 4 that would, as certified by a physician, place the 5 woman in danger of death unless an abortion is per- 6 formed, including a life-endangering physical condi- 7 tion caused by or arising from the pregnancy itself. 8 ‘‘§ 309. Application to District of Columbia 9 ‘‘In this chapter: 10 ‘‘(1) Any reference to funds appropriated by 11 Federal law shall be treated as including any 12 amounts within the budget of the District of Colum- 13 bia that have been approved by an Act of Congress 14 pursuant to section 446 of the District of Columbia 15 Home Rule Act (or any applicable successor Federal 16 law). 17 ‘‘(2) The term ‘Federal Government’ includes 18 the government of the District of Columbia.’’. 19 SEC. 102. AMENDMENT TO TABLE OF CHAPTERS. 20 The table of chapters for title 1, United States Code, 21 is amended by adding at the end the following new item: 22 ‘‘4. Prohibiting taxpayer funded abortions ............................ 301’’. VerDate Sep 11 2014 17:52 Feb 07, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6211 E:\BILLS\H18.IH H18 pbinns on DSKJLVW7X2PROD with BILLS 7 •HR 18 IH TITLE II—APPLICATION UNDER 1 THE AFFORDABLE CARE ACT 2 SEC. 201. CLARIFYING APPLICATION OF PROHIBITION TO 3 PREMIUM CREDITS AND COST-SHARING RE- 4 DUCTIONS UNDER ACA. 5 (a) IN GENERAL.— 6 (1) DISALLOWANCE OF REFUNDABLE CREDIT 7 AND COST-SHARING REDUCTIONS FOR COVERAGE 8 UNDER QUALIFIED HEALTH PLAN WHICH PROVIDES 9 COVERAGE FOR ABORTION.— 10 (A) IN GENERAL.—Subparagraph (A) of 11 section 36B(c)(3) of the Internal Revenue Code 12 of 1986 is amended by inserting before the pe- 13 riod at the end the following: ‘‘or any health 14 plan that includes coverage for abortions (other 15 than any abortion or treatment described in 16 section 307 or 308 of title 1, United States 17 Code)’’. 18 (B) OPTION TO PURCHASE OR OFFER SEP- 19 ARATE COVERAGE OR PLAN.—Paragraph (3) of 20 section 36B(c) of such Code is amended by 21 adding at the end the following new subpara- 22 graph: 23 ‘‘(C) SEPARATE ABORTION COVERAGE OR 24 PLAN ALLOWED.— 25 VerDate Sep 11 2014 17:52 Feb 07, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H18.IH H18 pbinns on DSKJLVW7X2PROD with BILLS 8 •HR 18 IH ‘‘(i) OPTION TO PURCHASE SEPARATE 1 COVERAGE OR PLAN.—Nothing in subpara- 2 graph (A) shall be construed as prohibiting 3 any individual from purchasing separate 4 coverage for abortions described in such 5 subparagraph, or a health plan that in- 6 cludes such abortions, so long as no credit 7 is allowed under this section with respect 8 to the premiums for such coverage or plan. 9 ‘‘(ii) OPTION TO OFFER COVERAGE OR 10 PLAN.—Nothing in subparagraph (A) shall 11 restrict any non-Federal health insurance 12 issuer offering a health plan from offering 13 separate coverage for abortions described 14 in such subparagraph, or a plan that in- 15 cludes such abortions, so long as premiums 16 for such separate coverage or plan are not 17 paid for with any amount attributable to 18 the credit allowed under this section (or 19 the amount of any advance payment of the 20 credit under section 1412 of the Patient 21 Protection and Affordable Care Act).’’. 22 (2) DISALLOWANCE OF SMALL EMPLOYER 23 HEALTH INSURANCE EXPENSE CREDIT FOR PLAN 24 WHICH INCLUDES COVERAGE FOR ABORTION.—Sub- 25 VerDate Sep 11 2014 17:52 Feb 07, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H18.IH H18 pbinns on DSKJLVW7X2PROD with BILLS 9 •HR 18 IH section (h) of section 45R of the Internal Revenue 1 Code of 1986 is amended— 2 (A) by striking ‘‘Any term’’ and inserting 3 the following: 4 ‘‘(1) IN GENERAL.—Any term’’; and 5 (B) by adding at the end the following new 6 paragraph: 7 ‘‘(2) EXCLUSION OF HEALTH PLANS INCLUDING 8 COVERAGE FOR ABORTION.— 9 ‘‘(A) IN GENERAL.—The term ‘qualified 10 health plan’ does not include any health plan 11 that includes coverage for abortions (other than 12 any abortion or treatment described in section 13 307 or 308 of title 1, United States Code). 14 ‘‘(B) SEPARATE ABORTION COVERAGE OR 15 PLAN ALLOWED.— 16 ‘‘(i) OPTION TO PURCHASE SEPARATE 17 COVERAGE OR PLAN.—Nothing in subpara- 18 graph (A) shall be construed as prohibiting 19 any employer from purchasing for its em- 20 ployees separate coverage for abortions de- 21 scribed in such subparagraph, or a health 22 plan that includes such abortions, so long 23 as no credit is allowed under this section 24 VerDate Sep 11 2014 17:52 Feb 07, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H18.IH H18 pbinns on DSKJLVW7X2PROD with BILLS 10 •HR 18 IH with respect to the employer contributions 1 for such coverage or plan. 2 ‘‘(ii) OPTION TO OFFER COVERAGE OR 3 PLAN.—Nothing in subparagraph (A) shall 4 restrict any non-Federal health insurance 5 issuer offering a health plan from offering 6 separate coverage for abortions described 7 in such subparagraph, or a plan that in- 8 cludes such abortions, so long as such sep- 9 arate coverage or plan is not paid for with 10 any employer contribution eligible for the 11 credit allowed under this section.’’. 12 (3) CONFORMING ACA AMENDMENTS.—Section 13 1303(b) of Public Law 111–148 (42 U.S.C. 14 18023(b)) is amended— 15 (A) by striking paragraph (2); 16 (B) by striking paragraph (3), as amended 17 by section 202(a); and 18 (C) by redesignating paragraph (4) as 19 paragraph (2). 20 (b) APPLICATION TO MULTI-STATE PLANS.—Para- 21 graph (6) of section 1334(a) of Public Law 111–148 (42 22 U.S.C. 18054(a)) is amended to read as follows: 23 ‘‘(6) COVERAGE CONSISTENT WITH FEDERAL 24 ABORTION POLICY.—In entering into contracts 25 VerDate Sep 11 2014 17:52 Feb 07, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H18.IH H18 pbinns on DSKJLVW7X2PROD with BILLS 11 •HR 18 IH under this subsection, the Director shall ensure that 1 no multi-State qualified health plan offered in an 2 Exchange provides health benefits coverage for 3 which the expenditure of Federal funds is prohibited 4 under chapter 4 of title 1, United States Code.’’. 5 (c) EFFECTIVE DATE.—The amendments made by 6 subsection (a) shall apply to taxable years ending after 7 December 31, 2021, but only with respect to plan years 8 beginning after such date, and th [Text truncated for display. 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