I
119THCONGRESS
1
STSESSION H. R. 7
To prohibit taxpayer funded abortions.
IN THE HOUSE OF REPRESENTATIVES
JANUARY22, 2025
Mr. S
MITHof New Jersey (for himself, Mrs. HARSHBARGER, Ms. FOXX, Mrs.
H
INSON, Mr. ADERHOLT, Mr. BALDERSON, Mr. BEANof Florida, Mr.
B
ERGMAN, Mr. BILIRAKIS, Mr. BOST, Mr. BRECHEEN, Mr. CARTERof
Texas, Mr. C
ISCOMANI, Mr. CLOUD, Mr. CLYDE, Mr. CRENSHAW, Mr.
D
IAZ-BALART, Mr. ELLZEY, Mr. FALLON, Mr. FEENSTRA, Mr. FITZ-
GERALD, Mr. FLOOD, Mr. FONG, Mr. FULCHER, Mr. GREENof Ten-
nessee, Mr. G
ROTHMAN, Mr. GUEST, Mr. GUTHRIE, Mr. HARIDOPOLOS,
Mr. H
ARRISof Maryland, Mr. HIGGINSof Louisiana, Mr. HILLof Arkan-
sas, Mr. H
UDSON, Mr. JACKSONof Texas, Mr. JOHNSONof South Da-
kota, Mr. J
OYCEof Pennsylvania, Mr. KELLYof Pennsylvania, Mr.
K
ELLYof Mississippi, Mr. LAHOOD, Mr. LAMALFA, Mr. LATTA, Ms.
L
EEof Florida, Mr. LOUDERMILK, Mr. MANN, Mr. MCCORMICK, Mrs.
M
ILLERof Illinois, Mr. MOOLENAAR, Mr. MORAN, Mr. OGLES, Mr.
R
OUZER, Mr. SHREVE, Mr. SIMPSON, Mr. STRONG, Mr. THOMPSONof
Pennsylvania, Ms. V
ANDUYNE, Mr. WALBERG, Mr. WEBERof Texas,
Mr. W
EBSTERof Florida, Mr. WOMACK, Mr. SCOTTFRANKLINof Flor-
ida, Mr. G
RIFFITH, Mr. TURNERof Ohio, Mr. FRY, Mr. EZELL, and Mr.
T
IMMONS) introduced the following bill; which was referred to the Com-
mittee on Energy and Commerce, and in addition to the Committees on
the Judiciary, and Ways and Means, for a period to be subsequently de-
termined by the Speaker, in each case for consideration 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
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 1
(a) S
HORTTITLE.—This Act may be cited as the 2
‘‘No Taxpayer Funding for Abortion and Abortion Insur-3
ance Full Disclosure Act of 2025’’. 4
(b) T
ABLE OFCONTENTS.—The table of contents of 5
this Act is as follows: 6
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-7
ALLY FUNDED ABORTIONS 8
SEC. 101. PROHIBITING TAXPAYER FUNDED ABORTIONS. 9
Title 1, United States Code, is amended by adding 10
at the end the following new chapter: 11
‘‘CHAPTER 4—PROHIBITING TAXPAYER 12
FUNDED ABORTIONS 13
‘‘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.
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‘‘§ 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
purchasing separate abortion coverage or health benefits 25
coverage that includes abortion so long as such coverage 26
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is paid for entirely using only funds not authorized or ap-1
propriated by Federal law and such coverage shall not be 2
purchased using matching funds required for a federally 3
subsidized program, including a State’s or locality’s con-4
tribution of Medicaid matching funds. 5
‘‘§ 305. Construction relating to the use of non-Fed-6
eral funds for health coverage 7
‘‘Nothing in this chapter shall be construed as re-8
stricting the ability of any non-Federal health benefits cov-9
erage provider from offering abortion coverage, or the abil-10
ity of a State or locality to contract separately with such 11
a provider for such coverage, so long as only funds not 12
authorized or appropriated by Federal law are used and 13
such coverage shall not be purchased using matching 14
funds required for a federally subsidized program, includ-15
ing a State’s or locality’s contribution of Medicaid match-16
ing funds. 17
‘‘§ 306. Non-preemption of other Federal laws 18
‘‘Nothing in this chapter shall repeal, amend, or have 19
any effect on any other Federal law to the extent such 20
law imposes any limitation on the use of funds for abortion 21
or for health benefits coverage that includes coverage of 22
abortion, beyond the limitations set forth in this chapter. 23
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‘‘§ 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
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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) I
NGENERAL.— 16
(1) D
ISALLOWANCE OF REFUNDABLE CREDIT 17
AND COST-SHARING REDUCTIONS FOR COVERAGE 18
UNDER QUALIFIED HEALTH PLAN WHICH PROVIDES 19
COVERAGE FOR ABORTION .— 20
(A) I
N 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
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than any abortion or treatment described in 1
section 307 or 308 of title 1, United States 2
Code)’’. 3
(B) O
PTION 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) S
EPARATE ABORTION COVERAGE OR 9
PLAN ALLOWED.— 10
‘‘(i) O
PTION 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) O
PTION 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
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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) D
ISALLOWANCE 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) I
N GENERAL.—Any term’’; and 15
(B) by adding at the end the following new 16
paragraph: 17
‘‘(2) E
XCLUSION OF HEALTH PLANS INCLUDING 18
COVERAGE FOR ABORTION .— 19
‘‘(A) I
N 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
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‘‘(B) SEPARATE ABORTION COVERAGE OR 1
PLAN ALLOWED.— 2
‘‘(i) O
PTION 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) O
PTION 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) C
ONFORMING ACA AMENDMENTS .—Section 23
1303(b) of Public Law 111–148 (42 U.S.C. 24
18023(b)) is amended— 25
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(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) A
PPLICATION TOMULTI-STATEPLANS.—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) C
OVERAGE 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) E
FFECTIVEDATE.—The amendments made by 16
subsection (a) shall apply to taxable years ending after 17
December 31, 2025, 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
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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) I
NGENERAL.—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) R
ULES RELATING TO NOTICE .— 8
‘‘(A) I
N 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) S
EPARATE 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
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keting or advertising materials or any other in-1
formation referred to in subparagraph (A), the 2
surcharge described in paragraph (2)(B)(i)(II) 3
that is attributable to such services shall also be 4
disclosed and identified separately.’’. 5
(b) E
FFECTIVEDATE.—The amendment made by 6
subsection (a) shall apply to materials, tools, or other in-7
formation made available more than 30 days after the date 8
of the enactment of this Act. 9
Æ
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