119-hr7

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7 Introduced in House

    (IH) ]

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119th CONGRESS
 1st Session
 H. R. 7

 To prohibit taxpayer funded abortions.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 January 22, 2025

Mr. Smith of New Jersey (for himself, Mrs. Harshbarger, Ms. Foxx, Mrs. 
Hinson, Mr. Aderholt, Mr. Balderson, Mr. Bean of Florida, Mr. Bergman, 
 Mr. Bilirakis, Mr. Bost, Mr. Brecheen, Mr. Carter of Texas, Mr. 
 Ciscomani, Mr. Cloud, Mr. Clyde, Mr. Crenshaw, Mr. Diaz-Balart, Mr. 
Ellzey, Mr. Fallon, Mr. Feenstra, Mr. Fitzgerald, Mr. Flood, Mr. Fong, 
 Mr. Fulcher, Mr. Green of Tennessee, Mr. Grothman, Mr. Guest, Mr. 
 Guthrie, Mr. Haridopolos, Mr. Harris of Maryland, Mr. Higgins of 
Louisiana, Mr. Hill of Arkansas, Mr. Hudson, Mr. Jackson of Texas, Mr. 
 Johnson of South Dakota, Mr. Joyce of Pennsylvania, Mr. Kelly of 
 Pennsylvania, Mr. Kelly of Mississippi, Mr. LaHood, Mr. LaMalfa, Mr. 
 Latta, Ms. Lee of Florida, Mr. Loudermilk, Mr. Mann, Mr. McCormick, 
 Mrs. Miller of Illinois, Mr. Moolenaar, Mr. Moran, Mr. Ogles, Mr. 
 Rouzer, Mr. Shreve, Mr. Simpson, Mr. Strong, Mr. Thompson of 
 Pennsylvania, Ms. Van Duyne, Mr. Walberg, Mr. Weber of Texas, Mr. 
 Webster of Florida, Mr. Womack, Mr. Scott Franklin of Florida, Mr. 
 Griffith, Mr. Turner of Ohio, Mr. Fry, Mr. Ezell, and Mr. Timmons) 
 introduced the following bill; which was referred to the Committee on 
 Energy and Commerce, and in addition to the Committees on the 
 Judiciary, 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

_______________________________________________________________________

 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 
2025''.

    (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 an 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, 2025, 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.
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