II
118THCONGRESS
1
STSESSION S. 62
To prohibit taxpayer funded abortions.
IN THE SENATE OF THE UNITED STATES
JANUARY25, 2023
Mr. W
ICKER(for himself, Mr. LANKFORD, Mrs. HYDE-SMITH, Mr. TILLIS,
Mr. R
ISCH, Mr. BOOZMAN, Mrs. FISCHER, Mr. CRAPO, Mr. HOEVEN, Mr.
B
ARRASSO, Mr. ROMNEY, Mr. DAINES, Ms. LUMMIS, Mr. KENNEDY, Mr.
H
AGERTY, Mr. JOHNSON, Mr. TUBERVILLE, Mr. MCCONNELL, Mr.
B
RAUN, Mr. CORNYN, Mr. VANCE, Mr. CRUZ, Mr. ROUNDS, Mr.
C
RAMER, Mr. MULLIN, Mr. MORAN, Mr. SCOTTof Florida, Mr. CASSIDY,
Mr. R
UBIO, Mrs. BLACKBURN, Mr. SULLIVAN, Mr. THUNE, Mr. GRASS-
LEY, Mr. MARSHALL, Mrs. BRITT, Mr. LEE, Mr. SCHMITT, Mr. BUDD,
Mr. C
OTTON, Mr. HAWLEY, Mr. YOUNG, Mr. SCOTTof South Carolina,
Ms. E
RNST, Mr. PAUL, Mr. GRAHAM, and Mrs. CAPITO, ANDMR.
R
ICKETTS) introduced the following bill; which was read twice and re-
ferred 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) 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
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(b) TABLE OFCONTENTS.—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
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‘‘§ 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
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‘‘§ 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
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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 an Act of Congress 20
pursuant 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
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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) I
NGENERAL.— 9
(1) D
ISALLOWANCE OF REFUNDABLE CREDIT 10
AND COST-SHARING REDUCTIONS FOR COVERAGE 11
UNDER QUALIFIED HEALTH PLAN WHICH PROVIDES 12
COVERAGE FOR ABORTION .— 13
(A) I
N 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) O
PTION TO PURCHASE OR OFFER SEP -22
ARATE COVERAGE OR PLAN .—Paragraph (3) of 23
section 36B(c) of such Code is amended by 24
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adding at the end the following new subpara-1
graph: 2
‘‘(C) S
EPARATE ABORTION COVERAGE OR 3
PLAN ALLOWED.— 4
‘‘(i) O
PTION 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) O
PTION 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
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credit under section 1412 of the Patient 1
Protection and Affordable Care Act).’’. 2
(2) D
ISALLOWANCE 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) I
N GENERAL.—Any term’’; and 10
(B) by adding at the end the following new 11
paragraph: 12
‘‘(2) E
XCLUSION OF HEALTH PLANS INCLUDING 13
COVERAGE FOR ABORTION .— 14
‘‘(A) I
N 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) S
EPARATE ABORTION COVERAGE OR 20
PLAN ALLOWED.— 21
‘‘(i) O
PTION 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
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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) O
PTION 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) C
ONFORMING 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
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(b) APPLICATION TOMULTI-STATEPLANS.—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) C
OVERAGE 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) E
FFECTIVEDATE.—The amendments made by 11
subsection (a) shall apply to taxable years ending after 12
December 31, 2023, but only with respect to plan years 13
beginning after such date, and the amendment made by 14
subsection (b) shall apply to plan years beginning after 15
such date. 16
SEC. 202. REVISION OF NOTICE REQUIREMENTS REGARD-17
ING DISCLOSURE OF EXTENT OF HEALTH 18
PLAN COVERAGE OF ABORTION AND ABOR-19
TION PREMIUM SURCHARGES. 20
(a) I
NGENERAL.—Paragraph (3) of section 1303(b) 21
of Public Law 111–148 (42 U.S.C. 18023(b)) is amended 22
to read as follows: 23
‘‘(3) R
ULES RELATING TO NOTICE .— 24
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‘‘(A) IN GENERAL.—The extent of cov-1
erage (if any) of services described in para-2
graph (1)(B)(i) or (1)(B)(ii) by a qualified 3
health plan shall be disclosed to enrollees at the 4
time of enrollment in the plan and shall be 5
prominently displayed in any marketing or ad-6
vertising materials, comparison tools, or sum-7
mary of benefits and coverage explanation made 8
available with respect to such plan by the issuer 9
of the plan, by an Exchange, or by the Sec-10
retary, including information made available 11
through an internet portal or Exchange under 12
sections 1311(c)(5) and 1311(d)(4)(C). 13
‘‘(B) S
EPARATE DISCLOSURE OF ABOR -14
TION SURCHARGES.—In the case of a qualified 15
health plan that includes the services described 16
in paragraph (1)(B)(i) and where the premium 17
for the plan is disclosed, including in any mar-18
keting or advertising materials or any other in-19
formation referred to in subparagraph (A), the 20
surcharge described in paragraph (2)(B)(i)(II) 21
that is attributable to such services shall also be 22
disclosed and identified separately.’’. 23
(b) E
FFECTIVEDATE.—The amendment made by 24
subsection (a) shall apply to materials, tools, or other in-25
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formation made available more than 30 days after the date 1
of the enactment of this Act. 2
Æ
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