No Taxpayer Funding for Abortion and Abortion Insurance Full Disclosure Act of 2019
This bill modifies provisions relating to federal funding for, and health insurance coverage of, abortions.
Specifically, the bill prohibits the use of federal funds for abortions or for health coverage that includes abortions. Such restrictions extend to the use of funds in the budget of the District of Columbia. Additionally, abortions may not be provided in a federal health care facility or by a federal employee.
Historically, language has been included in annual appropriations bills for the Department of Health and Human Services (HHS) that prohibits the use of federal funds for abortions—such language is commonly referred to as the Hyde Amendment. Similar language is also frequently included in appropriations bills for other federal agencies and the District of Columbia. The bill makes these restrictions permanent and extends the restrictions to all federal funds (rather than specific agencies).
The bill's restrictions regarding the use of federal funds do not apply in cases of rape, incest, or where a physical disorder, injury, or illness endangers a woman's life unless an abortion is performed. The Hyde Amendment provides the same exceptions.
The bill also prohibits qualified health plans from including coverage for abortions. Currently, qualified health plans may cover abortion, but the portion of the premium attributable to abortion coverage is not eligible for subsidies.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 109 Placed on Calendar Senate (PCS)]
<DOC>
Calendar No. 11
116th CONGRESS
1st Session
S. 109
To prohibit taxpayer funded abortions.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 10, 2019
Mr. Wicker (for himself, Mr. Roberts, Mr. Lankford, Mr. Daines, Mrs.
Hyde-Smith, Mr. Risch, Mr. Barrasso, Mr. Blunt, Mrs. Blackburn, Mr.
Rubio, Mr. Braun, Mr. Inhofe, Mr. Cotton, Mr. Isakson, Mr. Romney, Mr.
Lee, Mr. Moran, Ms. Ernst, Mr. Kennedy, Mr. Crapo, Mr. Perdue, Mr.
Cassidy, Mr. Thune, and Mr. Hawley) introduced the following bill;
which was read the first time
January 11, 2019
Read the second time and placed on the calendar
_______________________________________________________________________
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
2019''.
(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, 2019, 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.
Calendar No. 11
116th CONGRESS
1st Session
S. 109
_______________________________________________________________________
A BILL
To prohibit taxpayer funded abortions.
_______________________________________________________________________
January 11, 2019
Read the second time and placed on the calendar
Introduced in Senate
Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 11.
Motion to proceed to consideration of measure made in Senate. (CR S247)
Cloture motion on the motion to proceed presented in Senate. (CR S247-248)
Motion to proceed to measure considered in Senate. (CR S288)
Cloture on the motion to proceed to the measure not invoked in Senate by Yea-Nay Vote. 48 - 47. Record Vote Number: 7. (CR S288)
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