No Taxpayer Funding for Abortion and Abortion Insurance Full Disclosure Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 20 To prohibit taxpayer funded abortions. IN THE HOUSE OF REPRESENTATIVES JANUARY 17, 2019 Mr. SMITH of New Jersey (for himself, Mr. LIPINSKI, Mr. HARRIS, Mr. BUCK, Mr. FLORES, Mr. GIBBS, Mr. GUTHRIE, Mr. LAMBORN, Mr. MARCHANT, Mr. MEADOWS, Mr. OLSON, Mr. POSEY, Mr. SMITH of Missouri, Mr. STEWART, Mr. CHABOT, Mr. WENSTRUP, Mr. HUNTER, Mr. ROUZER, Mr. CONAWAY, Mr. ALLEN, Mr. SCALISE, Mr. KEVIN HERN of Okla- homa, Mr. LUETKEMEYER, Mr. DUNCAN, Mrs. HARTZLER, Mr. HUIZENGA, Mr. ABRAHAM, Mr. KINZINGER, Mr. RESCHENTHALER, Mr. GOHMERT, Mr. STEUBE, Mr. COLLINS of Georgia, Mr. AMASH, Mr. GRAVES of Missouri, Mr. NEWHOUSE, Mr. RUTHERFORD, Mr. AUSTIN SCOTT of Georgia, Mrs. WAGNER, Mr. WALBERG, Mr. WATKINS, Mr. WILSON of South Carolina, Mr. RATCLIFFE, Mr. THOMPSON of Pennsyl- vania, Mr. COLE, Mr. TAYLOR, Mr. MOONEY of West Virginia, Mr. MULLIN, Mr. BUCHANAN, Mr. JONES, Mr. BERGMAN, Mr. BUDD, Ms. CHENEY, Mr. EMMER, Mr. HICE of Georgia, Mr. LAMALFA, Mr. MAR- SHALL, Mr. NORMAN, Mr. DAVID P. ROE of Tennessee, Mr. ROONEY of Florida, Mr. SMITH of Nebraska, Mr. SMUCKER, Mr. ARRINGTON, Mr. BANKS, Mr. DUFFY, Mr. ESTES, Mr. FORTENBERRY, Mr. WILLIAMS, Mr. BIGGS, and Mr. BILIRAKIS) introduced the following bill; which was re- ferred 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. VerDate Sep 11 2014 01:50 Jan 30, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H20.IH H20 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 20 IH 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 2019’’. 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. ‘‘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. VerDate Sep 11 2014 01:50 Jan 30, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\H20.IH H20 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 20 IH ‘‘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 ‘‘§ 304. Construction relating to separate coverage 22 ‘‘Nothing in this chapter shall be construed as pro- 23 hibiting any individual, entity, or State or locality from 24 VerDate Sep 11 2014 01:50 Jan 30, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H20.IH H20 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 20 IH purchasing separate abortion coverage or health benefits 1 coverage that includes abortion so long as such coverage 2 is paid for entirely using only funds not authorized or ap- 3 propriated by Federal law and such coverage shall not be 4 purchased using matching funds required for a federally 5 subsidized program, including a State’s or locality’s con- 6 tribution of Medicaid matching funds. 7 ‘‘§ 305. Construction relating to the use of non-Fed- 8 eral funds for health coverage 9 ‘‘Nothing in this chapter shall be construed as re- 10 stricting the ability of any non-Federal health benefits cov- 11 erage provider from offering abortion coverage, or the abil- 12 ity of a State or locality to contract separately with such 13 a provider for such coverage, so long as only funds not 14 authorized or appropriated by Federal law are used and 15 such coverage shall not be purchased using matching 16 funds required for a federally subsidized program, includ- 17 ing a State’s or locality’s contribution of Medicaid match- 18 ing funds. 19 ‘‘§ 306. Non-preemption of other Federal laws 20 ‘‘Nothing in this chapter shall repeal, amend, or have 21 any effect on any other Federal law to the extent such 22 law imposes any limitation on the use of funds for abortion 23 or for health benefits coverage that includes coverage of 24 abortion, beyond the limitations set forth in this chapter. 25 VerDate Sep 11 2014 01:50 Jan 30, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H20.IH H20 pamtmann on DSKBFK8HB2PROD with BILLS 5 •HR 20 IH ‘‘§ 307. Construction relating to complications arising 1 from abortion 2 ‘‘Nothing in this chapter shall be construed to apply 3 to the treatment of any infection, injury, disease, or dis- 4 order that has been caused by or exacerbated by the per- 5 formance of an abortion. This rule of construction shall 6 be applicable without regard to whether the abortion was 7 performed in accord with Federal or State law, and with- 8 out regard to whether funding for the abortion is permis- 9 sible under section 308. 10 ‘‘§ 308. Treatment of abortions related to rape, incest, 11 or preserving the life of the mother 12 ‘‘The limitations established in sections 301, 302, 13 and 303 shall not apply to an abortion— 14 ‘‘(1) if the pregnancy is the result of an act of 15 rape or incest; or 16 ‘‘(2) in the case where a woman suffers from a 17 physical disorder, physical injury, or physical illness 18 that would, as certified by a physician, place the 19 woman in danger of death unless an abortion is per- 20 formed, including a life-endangering physical condi- 21 tion caused by or arising from the pregnancy itself. 22 ‘‘§ 309. Application to District of Columbia 23 ‘‘In this chapter: 24 ‘‘(1) Any reference to funds appropriated by 25 Federal law shall be treated as including any 26 VerDate Sep 11 2014 01:50 Jan 30, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H20.IH H20 pamtmann on DSKBFK8HB2PROD with BILLS 6 •HR 20 IH amounts within the budget of the District of Colum- 1 bia that have been approved by an Act of Congress 2 pursuant to section 446 of the District of Columbia 3 Home Rule Act (or any applicable successor Federal 4 law). 5 ‘‘(2) The term ‘Federal Government’ includes 6 the government of the District of Columbia.’’. 7 SEC. 102. AMENDMENT TO TABLE OF CHAPTERS. 8 The table of chapters for title 1, United States Code, 9 is amended by adding at the end the following new item: 10 ‘‘4. Prohibiting taxpayer funded abortions ............................ 301’’. TITLE II—APPLICATION UNDER 11 THE AFFORDABLE CARE ACT 12 SEC. 201. CLARIFYING APPLICATION OF PROHIBITION TO 13 PREMIUM CREDITS AND COST-SHARING RE- 14 DUCTIONS UNDER ACA. 15 (a) IN GENERAL.— 16 (1) DISALLOWANCE OF REFUNDABLE CREDIT 17 AND COST-SHARING REDUCTIONS FOR COVERAGE 18 UNDER QUALIFIED HEALTH PLAN WHICH PROVIDES 19 COVERAGE FOR ABORTION.— 20 (A) IN GENERAL.—Subparagraph (A) of 21 section 36B(c)(3) of the Internal Revenue Code 22 of 1986 is amended by inserting before the pe- 23 riod at the end the following: ‘‘or any health 24 plan that includes coverage for abortions (other 25 VerDate Sep 11 2014 01:50 Jan 30, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H20.IH H20 pamtmann on DSKBFK8HB2PROD with BILLS 7 •HR 20 IH than any abortion or treatment described in 1 section 307 or 308 of title 1, United States 2 Code)’’. 3 (B) OPTION TO PURCHASE OR OFFER SEP- 4 ARATE COVERAGE OR PLAN.—Paragraph (3) of 5 section 36B(c) of such Code is amended by 6 adding at the end the following new subpara- 7 graph: 8 ‘‘(C) SEPARATE ABORTION COVERAGE OR 9 PLAN ALLOWED.— 10 ‘‘(i) OPTION TO PURCHASE SEPARATE 11 COVERAGE OR PLAN.—Nothing in subpara- 12 graph (A) shall be construed as prohibiting 13 any individual from purchasing separate 14 coverage for abortions described in such 15 subparagraph, or a health plan that in- 16 cludes such abortions, so long as no credit 17 is allowed under this section with respect 18 to the premiums for such coverage or plan. 19 ‘‘(ii) OPTION TO OFFER COVERAGE OR 20 PLAN.—Nothing in subparagraph (A) shall 21 restrict any non-Federal health insurance 22 issuer offering a health plan from offering 23 separate coverage for abortions described 24 in such subparagraph, or a plan that in- 25 VerDate Sep 11 2014 01:50 Jan 30, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H20.IH H20 pamtmann on DSKBFK8HB2PROD with BILLS 8 •HR 20 IH cludes such abortions, so long as premiums 1 for such separate coverage or plan are not 2 paid for with any amount attributable to 3 the credit allowed under this section (or 4 the amount of any advance payment of the 5 credit under section 1412 of the Patient 6 Protection and Affordable Care Act).’’. 7 (2) DISALLOWANCE OF SMALL EMPLOYER 8 HEALTH INSURANCE EXPENSE CREDIT FOR PLAN 9 WHICH INCLUDES COVERAGE FOR ABORTION.—Sub- 10 section (h) of section 45R of the Internal Revenue 11 Code of 1986 is amended— 12 (A) by striking ‘‘Any term’’ and inserting 13 the following: 14 ‘‘(1) IN GENERAL.—Any term’’; and 15 (B) by adding at the end the following new 16 paragraph: 17 ‘‘(2) EXCLUSION OF HEALTH PLANS INCLUDING 18 COVERAGE FOR ABORTION.— 19 ‘‘(A) IN GENERAL.—The term ‘qualified 20 health plan’ does not include any health plan 21 that includes coverage for abortions (other than 22 any abortion or treatment described in section 23 307 or 308 of title 1, United States Code). 24 VerDate Sep 11 2014 01:50 Jan 30, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H20.IH H20 pamtmann on DSKBFK8HB2PROD with BILLS 9 •HR 20 IH ‘‘(B) SEPARATE ABORTION COVERAGE OR 1 PLAN ALLOWED.— 2 ‘‘(i) OPTION TO PURCHASE SEPARATE 3 COVERAGE OR PLAN.—Nothing in subpara- 4 graph (A) shall be construed as prohibiting 5 any employer from purchasing for its em- 6 ployees separate coverage for abortions de- 7 scribed in such subparagraph, or a health 8 plan that includes such abortions, so long 9 as no credit is allowed under this section 10 with respect to the employer contributions 11 for such coverage or plan. 12 ‘‘(ii) OPTION TO OFFER COVERAGE OR 13 PLAN.—Nothing in subparagraph (A) shall 14 restrict any non-Federal health insurance 15 issuer offering a health plan from offering 16 separate coverage for abortions described 17 in such subparagraph, or a plan that in- 18 cludes such abortions, so long as such sep- 19 arate coverage or plan is not paid for with 20 any employer contribution eligible for the 21 credit allowed under this section.’’. 22 (3) CONFORMING ACA AMENDMENTS.—Section 23 1303(b) of Public Law 111–148 (42 U.S.C. 24 18023(b)) is amended— 25 VerDate Sep 11 2014 01:50 Jan 30, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H20.IH H20 pamtmann on DSKBFK8HB2PROD with BILLS 10 •HR 20 IH (A) by striking paragraph (2); 1 (B) by striking paragraph (3), as amended 2 by section 202(a); and 3 (C) by redesignating paragraph (4) as 4 paragraph (2). 5 (b) APPLICATION TO MULTI-STATE PLANS.—Para- 6 graph (6) of section 1334(a) of Public Law 111–148 (42 7 U.S.C. 18054(a)) is amended to read as follows: 8 ‘‘(6) COVERAGE CONSISTENT WITH FEDERAL 9 ABORTION POLICY.—In entering into contracts 10 under this subsection, the Director shall ensure that 11 no multi-State qualified health plan offered in an 12 Exchange provides health benefits coverage for 13 which the expenditure of Federal funds is prohibited 14 under chapter 4 of title 1, United States Code.’’. 15 (c) EFFECTIVE DATE.—The amendments made by 16 subsection (a) shall apply to taxable years ending after 17 December 31, 2019, but only with respect to plan years 18 beginning after such date, and the amendment made by 19 subsection (b) shall apply to plan years beginning after 20 such date. 21 VerDate Sep 11 2014 01:50 Jan 30, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H20.IH H20 pamtmann on DSKBFK8HB2PROD with BILLS 11 •HR 20 IH 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 [Text truncated for display. Full text available on Congress.gov.]