I
118THCONGRESS
1
STSESSION H. R. 7
To prohibit taxpayer funded abortions.
IN THE HOUSE OF REPRESENTATIVES
JANUARY9, 2023
Mr. S
MITHof New Jersey (for himself, Mrs. FISCHBACH, Ms. STEFANIK, Mrs.
R
ODGERSof Washington, Ms. FOXX, Mrs. HARSHBARGER, Mrs. BICE,
Ms. M
ACE, Mr. KELLYof Pennsylvania, Mr. JOHNSONof Louisiana, Mr.
A
DERHOLT, Mr. BANKS, Mr. BABIN, Mr. LATTA, Mr. ESTES, Mr. BOST,
Mr. W
EBERof Texas, Mr. WENSTRUP, Mr. BALDERSON, Mr. BERGMAN,
Mr. B
ISHOPof North Carolina, Mr. BURCHETT, Mr. CARTERof Georgia,
Mr. C
LINE, Mr. CLYDE, Mr. DUNCAN, Mr. ELLZEY, Mr. FEENSTRA, Mr.
F
ERGUSON, Mr. FINSTAD, Mr. FULCHER, Mr. GALLAGHER, Mr. GRAVES
of Louisiana, Mr. G
UEST, Mr. HIGGINSof Louisiana, Mr. HUDSON, Mr.
I
SSA, Mr. JACKSONof Texas, Mr. JOHNSONof South Dakota, Mr. JOYCE
of Pennsylvania, Mr. L
AHOOD, Mr. LOUDERMILK, Mr. LUETKEMEYER,
Mr. M
OONEY, Mr. MOOREof Utah, Mr. PERRY, Mr. POSEY, Mr. ROSE,
Mr. T
HOMPSONof Pennsylvania, Mr. WALBERG, Mr. WEBSTERof Flor-
ida, Mr. W
OMACK, Mr. BURGESS, Mr. STAUBER, Mr. MAST, Mr.
F
ALLON, Mr. GRIFFITH, Mr. SMUCKER, Ms. TENNEY, Mr. MEUSER, Mr.
C
ARL, Mr. AUSTINSCOTTof Georgia, Mr. FLEISCHMANN, Mrs. HINSON,
Mr. K
USTOFF, Mr. HARRIS, Mr. MOOLENAAR, Mr. GOODof Virginia, Mr.
S
IMPSON, Mr. BUCSHON, Mr. LANGWORTHY, Mr. LAMALFA, Mrs. KIM
of California, Mr. H
UIZENGA, Mrs. MCCLAIN, Mrs. MILLERof West Vir-
ginia, Mr. B
UCHANAN, Mr. RESCHENTHALER, Mr. TIMMONS, Mr. PALM-
ER, Mr. CLOUD, Mr. JOYCEof Ohio, Mr. WALTZ, Mr. CRENSHAW, Mr.
M
CCLINTOCK, Mr. LAMBORN, Mr. MANN, Mr. GAETZ, Mrs. LESKO, Mr.
G
UTHRIE, Mr. EZELL, Ms. LETLOW, Mr. WILSONof South Carolina, Mr.
C. S
COTTFRANKLINof Florida, Mrs. HOUCHIN, Mr. LATURNER, Mr.
G
ROTHMAN, Mr. FRY, Mr. BRECHEEN, Mr. MCHENRY, Mrs. BOEBERT,
Mr. T
URNER, Mr. BARR, Mr. ARMSTRONG, and Mr. GREENof 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
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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) S
HORTTITLE.—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) T
ABLE OFCONTENTS.—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.
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‘‘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
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‘‘§ 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
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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
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‘‘§ 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) I
NGENERAL.— 20
(1) D
ISALLOWANCE OF REFUNDABLE CREDIT 21
AND COST-SHARING REDUCTIONS FOR COVERAGE 22
UNDER QUALIFIED HEALTH PLAN WHICH PROVIDES 23
COVERAGE FOR ABORTION .— 24
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(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) O
PTION 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) S
EPARATE ABORTION COVERAGE OR 14
PLAN ALLOWED.— 15
‘‘(i) O
PTION 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
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‘‘(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) D
ISALLOWANCE 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) I
N GENERAL.—Any term’’; and 21
(B) by adding at the end the following new 22
paragraph: 23
‘‘(2) E
XCLUSION OF HEALTH PLANS INCLUDING 24
COVERAGE FOR ABORTION .— 25
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‘‘(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) S
EPARATE ABORTION COVERAGE OR 6
PLAN ALLOWED.— 7
‘‘(i) O
PTION 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) O
PTION 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
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any employer contribution eligible for the 1
credit allowed under this section.’’. 2
(3) C
ONFORMING 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) A
PPLICATION TOMULTI-STATEPLANS.—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) C
OVERAGE 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) E
FFECTIVEDATE.—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
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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) I
NGENERAL.—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) R
ULES RELATING TO NOTICE .— 10
‘‘(A) I
N GENERAL.—The extent of cov-11
erage (if any) of services described in para-12
graph (1)(B)(i) or (1)(B)(ii) by a qualified 13
health plan shall be disclosed to enrollees at the 14
time of enrollment in the plan and shall be 15
prominently displayed in any marketing or ad-16
vertising materials, comparison tools, or sum-17
mary of benefits and coverage explanation made 18
available with respect to such plan by the issuer 19
of the plan, by an Exchange, or by the Sec-20
retary, including information made available 21
through an Internet portal or Exchange under 22
sections 1311(c)(5) and 1311(d)(4)(C). 23
‘‘(B) S
EPARATE DISCLOSURE OF ABOR -24
TION SURCHARGES.—In the case of a qualified 25
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health plan that includes the services described 1
in paragraph (1)(B)(i) and where the premium 2
for the plan is disclosed, including in any mar-3
keting or advertising materials or any other in-4
formation referred to in subparagraph (A), the 5
surcharge described in paragraph (2)(B)(i)(II) 6
that is attributable to such services shall also be 7
disclosed and identified separately.’’. 8
(b) E
FFECTIVEDATE.—The amendment made by 9
subsection (a) shall apply to materials, tools, or other in-10
formation made available more than 30 days after the date 11
of the enactment of this Act. 12
Æ
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