(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)
No Taxpayer Funding for Abortion and Abortion Insurance Full Disclosure Act of 2015
TITLE I--PROHIBITING FEDERALLY FUNDED ABORTIONS
(Sec. 101) This bill prohibits federal funds, including funds in the budget of the District of Columbia, from being expended for abortion or health coverage that includes coverage of abortion. Abortions are eligible for federal funding only in cases of rape or incest, or where a physical condition endangers a woman's life unless an abortion is performed. Currently, federal funding of abortion and health coverage that includes abortion is prohibited, with the same exceptions.
Health care provided in a federal health care facility or by a federal employee may not include abortions that are ineligible for federal funding.
TITLE II--APPLICATION UNDER THE AFFORDABLE CARE ACT
(Sec. 201) This bill amends the Internal Revenue Code to disallow premium assistance tax credits or health insurance tax credits for qualified health plans that cover abortions ineligible for federal funding.
This bill amends the Patient Protection and Affordable Care Act to require the Office of Personnel Management to ensure that multi-state qualified health plans offered on health insurance exchanges do not cover abortions ineligible for federal funding.
(Sec. 202) A qualified health plan's coverage of abortion must be disclosed to enrollees at the time of enrollment and must be prominently displayed in marketing materials, comparison tools, or any summary of benefits and coverage made available by the plan issuer, a health insurance exchange, or the Department of Health and Human Services. The amount of a plan's premium that is attributable to coverage of abortions ineligible for federal funding must be disclosed in material where the premium is disclosed.
[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7 Introduced in House (IH)]
114th CONGRESS
1st Session
H. R. 7
To prohibit taxpayer funded abortions.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 21, 2015
Mr. Smith of New Jersey (for himself, Mr. Lipinski, Mr. Pitts, Ms.
Foxx, Mrs. Black, Mrs. Blackburn, Mrs. Wagner, Mrs. Walorski, Mrs.
Roby, Ms. Ros-Lehtinen, Mrs. Lummis, Mrs. Ellmers, Mrs. Mimi Walters of
California, Mrs. Hartzler, Mrs. McMorris Rodgers, Mr. McCarthy, Mr.
Scalise, Mr. McHenry, Mr. Sessions, Ms. Jenkins of Kansas, and Mr.
Boehner) introduced the following bill; which was 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 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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``No Taxpayer
Funding for Abortion and Abortion Insurance Full Disclosure Act of
2015''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
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 surcharges.
TITLE I--PROHIBITING FEDERALLY FUNDED ABORTIONS
SEC. 101. PROHIBITING TAXPAYER FUNDED ABORTIONS.
Title 1, United States Code is amended by adding at the end the
following new chapter:
``CHAPTER 4--PROHIBITING TAXPAYER FUNDED ABORTIONS
``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.
``Sec. 301. Prohibition on funding for abortions
``No funds authorized or appropriated by Federal law, and none of
the funds in any trust fund to which funds are authorized or
appropriated by Federal law, shall be expended for any abortion.
``Sec. 302. Prohibition on funding for health benefits plans that cover
abortion
``None of the funds authorized or appropriated by Federal law, and
none of the funds in any trust fund to which funds are authorized or
appropriated by Federal law, shall be expended for health benefits
coverage that includes coverage of abortion.
``Sec. 303. Limitation on Federal facilities and employees
``No health care service furnished--
``(1) by or in a health care facility owned or operated by
the Federal Government; or
``(2) by any physician or other individual employed by the
Federal Government to provide health care services within the
scope of the physician's or individual's employment,
may include abortion.
``Sec. 304. Construction relating to separate coverage
``Nothing in this chapter shall be construed as prohibiting any
individual, entity, or State or locality from purchasing separate
abortion coverage or health benefits coverage that includes abortion so
long as such coverage is paid for entirely using only funds not
authorized or appropriated by Federal law and such coverage shall not
be purchased using matching funds required for a federally subsidized
program, including a State's or locality's contribution of Medicaid
matching funds.
``Sec. 305. Construction relating to the use of non-Federal funds for
health coverage
``Nothing in this chapter shall be construed as restricting the
ability of any non-Federal health benefits coverage provider from
offering abortion coverage, or the ability of a State or locality to
contract separately with such a provider for such coverage, so long as
only funds not authorized or appropriated by Federal law are used and
such coverage shall not be purchased using matching funds required for
a federally subsidized program, including a State's or locality's
contribution of Medicaid matching funds.
``Sec. 306. Non-preemption of other Federal laws
``Nothing in this chapter shall repeal, amend, or have any effect
on any other Federal law to the extent such law imposes any limitation
on the use of funds for abortion or for health benefits coverage that
includes coverage of abortion, beyond the limitations set forth in this
chapter.
``Sec. 307. Construction relating to complications arising from
abortion
``Nothing in this chapter shall be construed to apply to the
treatment of any infection, injury, disease, or disorder that has been
caused by or exacerbated by the performance of an abortion. This rule
of construction shall be applicable without regard to whether the
abortion was performed in accord with Federal or State law, and without
regard to whether funding for the abortion is permissible under section
308.
``Sec. 308. Treatment of abortions related to rape, incest, or
preserving the life of the mother
``The limitations established in sections 301, 302, and 303 shall
not apply to an abortion--
``(1) if the pregnancy is the result of an act of rape or
incest; or
``(2) in the case where a woman suffers from a physical
disorder, physical injury, or physical illness that would, as
certified by a physician, place the woman in danger of death
unless an abortion is performed, including a life-endangering
physical condition caused by or arising from the pregnancy
itself.
``Sec. 309. Application to District of Columbia
``In this chapter:
``(1) Any reference to funds appropriated by Federal law
shall be treated as including any amounts within the budget of
the District of Columbia that have been approved by Act of
Congress pursuant to section 446 of the District of Columbia
Home Rule Act (or any applicable successor Federal law).
``(2) The term `Federal Government' includes the government
of the District of Columbia.''.
SEC. 102. AMENDMENT TO TABLE OF CHAPTERS.
The table of chapters for title 1, United States Code, is amended
by adding at the end the following new item:
``4. Prohibiting taxpayer funded abortions.................. 301''.
TITLE II--APPLICATION UNDER THE AFFORDABLE CARE ACT
SEC. 201. CLARIFYING APPLICATION OF PROHIBITION TO PREMIUM CREDITS AND
COST-SHARING REDUCTIONS UNDER ACA.
(a) In General.--
(1) Disallowance of refundable credit and cost-sharing
reductions for coverage under qualified health plan which
provides coverage for abortion.--
(A) In general.--Subparagraph (A) of section
36B(c)(3) of the Internal Revenue Code of 1986 is
amended by inserting before the period at the end the
following: ``or any health plan that includes coverage
for abortions (other than any abortion or treatment
described in section 307 or 308 of title 1, United
States Code)''.
(B) Option to purchase or offer separate coverage
or plan.--Paragraph (3) of section 36B(c) of such Code
is amended by adding at the end the following new
subparagraph:
``(C) Separate abortion coverage or plan allowed.--
``(i) Option to purchase separate coverage
or plan.--Nothing in subparagraph (A) shall be
construed as prohibiting any individual from
purchasing separate coverage for abortions
described in such subparagraph, or a health
plan that includes such abortions, so long as
no credit is allowed under this section with
respect to the premiums for such coverage or
plan.
``(ii) Option to offer coverage or plan.--
Nothing in subparagraph (A) shall restrict any
non-Federal health insurance issuer offering a
health plan from offering separate coverage for
abortions described in such subparagraph, or a
plan that includes such abortions, so long as
premiums for such separate coverage or plan are
not paid for with any amount attributable to
the credit allowed under this section (or the
amount of any advance payment of the credit
under section 1412 of the Patient Protection
and Affordable Care Act).''.
(2) Disallowance of small employer health insurance expense
credit for plan which includes coverage for abortion.--
Subsection (h) of section 45R of the Internal Revenue Code of
1986 is amended--
(A) by striking ``Any term'' and inserting the
following:
``(1) In general.--Any term''; and
(B) by adding at the end the following new
paragraph:
``(2) Exclusion of health plans including coverage for
abortion.--
``(A) In general.--The term `qualified health plan'
does not include any health plan that includes coverage
for abortions (other than any abortion or treatment
described in section 307 or 308 of title 1, United
States Code).
``(B) Separate abortion coverage or plan allowed.--
``(i) Option to purchase separate coverage
or plan.--Nothing in subparagraph (A) shall be
construed as prohibiting any employer from
purchasing for its employees separate coverage
for abortions described in such subparagraph,
or a health plan that includes such abortions,
so long as no credit is allowed under this
section with respect to the employer
contributions for such coverage or plan.
``(ii) Option to offer coverage or plan.--
Nothing in subparagraph (A) shall restrict any
non-Federal health insurance issuer offering a
health plan from offering separate coverage for
abortions described in such subparagraph, or a
plan that includes such abortions, so long as
such separate coverage or plan is not paid for
with any employer contribution eligible for the
credit allowed under this section.''.
(3) Conforming aca amendments.--Section 1303(b) of Public
Law 111-148 (42 U.S.C. 18023(b)) is amended--
(A) by striking paragraph (2);
(B) by striking paragraph (3), as amended by
section 202(a); and
(C) by redesignating paragraph (4) as paragraph
(2).
(b) Application to Multi-State Plans.--Paragraph (6) of section
1334(a) of Public Law 111-148 (42 U.S.C. 18054(a)) is amended to read
as follows:
``(6) Coverage consistent with federal abortion policy.--In
entering into contracts under this subsection, the Director
shall ensure that no multi-State qualified health plan offered
in an Exchange provides health benefits coverage for which the
expenditure of Federal funds is prohibited under chapter 4 of
title 1, United States Code.''.
(c) Effective Date.--The amendments made by subsection (a) shall
apply to taxable years ending after December 31, 2015, but only with
respect to plan years beginning after such date, and the amendment made
by subsection (b) shall apply to plan years beginning after such date.
SEC. 202. REVISION OF NOTICE REQUIREMENTS REGARDING DISCLOSURE OF
EXTENT OF HEALTH PLAN COVERAGE OF ABORTION AND ABORTION
PREMIUM SURCHARGES.
(a) In General.--Paragraph (3) of section 1303(b) of Public Law
111-148 (42 U.S.C. 18023(b)) is amended to read as follows:
``(3) Rules relating to notice.--
``(A) In general.--The extent of coverage (if any)
of services described in paragraph (1)(B)(i) or
(1)(B)(ii) by a qualified health plan shall be
disclosed to enrollees at the time of enrollment in the
plan and shall be prominently displayed in any
marketing or advertising materials, comparison tools,
or summary of benefits and coverage explanation made
available with respect to such plan by the issuer of
the plan, by an Exchange, or by the Secretary,
including information made available through an
Internet portal or Exchange under sections 1311(c)(5)
and 1311(d)(4)(C).
``(B) Separate disclosure of abortion surcharges.--
In the case of a qualified health plan that includes
the services described in paragraph (1)(B)(i) and where
the premium for the plan is disclosed, including in any
marketing or advertising materials or any other
information referred to in subparagraph (A), the
surcharge described in paragraph (2)(B)(i)(II) that is
attributable to such services shall also be disclosed
and identified separately.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to materials, tools, or other information made available more
than 30 days after the date of the enactment of this Act.
<all>
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 consideration of such provisions as fall within the jurisdiction of the committee concerned.
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 consideration of such provisions as fall within the jurisdiction of the committee concerned.
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 consideration of such provisions as fall within the jurisdiction of the committee concerned.
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 consideration of such provisions as fall within the jurisdiction of the committee concerned.
Rules Committee Resolution H. Res. 42 Reported to House. Rule provides for consideration of H.R. 7 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments.
Subcommittee on the Constitution and Civil Justice Discharged.
Rule H. Res. 42 passed House.
Considered under the provisions of rule H. Res. 42. (consideration: CR H494-511)
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Rule provides for consideration of H.R. 7 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments.
DEBATE - The House proceeded with one hour of debate on H.R. 7.
The previous question was ordered pursuant to the rule. (consideration: CR H509)
Ms. Moore moved to recommit with instructions to the Committee on the Judiciary. (consideration: CR H509-510; text: CR H509)
DEBATE - The House proceeded with 10 minutes of debate on the Moore motion to recommit with instructions, pending reservation of a point order. The instructions contained in the motion seek to report the same back to the House forthwith with an amendment to clarify that no one is permitted to violate the medical privacy of any woman, including victims of rape and incest, with respect to her choice of or use of comprehensive health insurance coverage. Subsequently, the reservation of a point of order was withdrawn.
The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H510)
On motion to recommit with instructions Failed by the Yeas and Nays: 177 - 240 (Roll no. 44).
Roll Call #44 (House)Passed/agreed to in House: On passage Passed by recorded vote: 242 - 179 (Roll no. 45).(text: CR H494-495)
Roll Call #45 (House)On passage Passed by recorded vote: 242 - 179 (Roll no. 45). (text: CR H494-495)
Roll Call #45 (House)Motion to reconsider laid on the table Agreed to without objection.
Referred to the Subcommittee on Health.
Received in the Senate and Read twice and referred to the Committee on Finance.