I 

118TH CONGRESS 

1ST SESSION H. R. 7 

To prohibit taxpayer funded abortions. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 9, 2023 

Mr. SMITH of New Jersey (for himself, Mrs. FISCHBACH, Ms. STEFANIK, Mrs. 

RODGERS of Washington, Ms. FOXX, Mrs. HARSHBARGER, Mrs. BICE, 

Ms. MACE, Mr. KELLY of Pennsylvania, Mr. JOHNSON of Louisiana, Mr. 

ADERHOLT, Mr. BANKS, Mr. BABIN, Mr. LATTA, Mr. ESTES, Mr. BOST, 

Mr. WEBER of Texas, Mr. WENSTRUP, Mr. BALDERSON, Mr. BERGMAN, 

Mr. BISHOP of North Carolina, Mr. BURCHETT, Mr. CARTER of Georgia, 

Mr. CLINE, Mr. CLYDE, Mr. DUNCAN, Mr. ELLZEY, Mr. FEENSTRA, Mr. 

FERGUSON, Mr. FINSTAD, Mr. FULCHER, Mr. GALLAGHER, Mr. GRAVES

of Louisiana, Mr. GUEST, Mr. HIGGINS of Louisiana, Mr. HUDSON, Mr. 

ISSA, Mr. JACKSON of Texas, Mr. JOHNSON of South Dakota, Mr. JOYCE

of Pennsylvania, Mr. LAHOOD, Mr. LOUDERMILK, Mr. LUETKEMEYER, 

Mr. MOONEY, Mr. MOORE of Utah, Mr. PERRY, Mr. POSEY, Mr. ROSE, 

Mr. THOMPSON of Pennsylvania, Mr. WALBERG, Mr. WEBSTER of Florida, Mr. WOMACK, Mr. BURGESS, Mr. STAUBER, Mr. MAST, Mr. 

FALLON, Mr. GRIFFITH, Mr. SMUCKER, Ms. TENNEY, Mr. MEUSER, Mr. 

CARL, Mr. AUSTIN SCOTT of Georgia, Mr. FLEISCHMANN, Mrs. HINSON, 

Mr. KUSTOFF, Mr. HARRIS, Mr. MOOLENAAR, Mr. GOOD of Virginia, Mr. 

SIMPSON, Mr. BUCSHON, Mr. LANGWORTHY, Mr. LAMALFA, Mrs. KIM

of California, Mr. HUIZENGA, Mrs. MCCLAIN, Mrs. MILLER of West Virginia, Mr. BUCHANAN, Mr. RESCHENTHALER, Mr. TIMMONS, Mr. PALMER, Mr. CLOUD, Mr. JOYCE of Ohio, Mr. WALTZ, Mr. CRENSHAW, Mr. 

MCCLINTOCK, Mr. LAMBORN, Mr. MANN, Mr. GAETZ, Mrs. LESKO, Mr. 

GUTHRIE, Mr. EZELL, Ms. LETLOW, Mr. WILSON of South Carolina, Mr. 

C. SCOTT FRANKLIN of Florida, Mrs. HOUCHIN, Mr. LATURNER, Mr. 

GROTHMAN, Mr. FRY, Mr. BRECHEEN, Mr. MCHENRY, Mrs. BOEBERT, 

Mr. TURNER, Mr. BARR, Mr. ARMSTRONG, and Mr. GREEN of Tennessee) 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 


pbinns on DSKJLVW7X2PROD with $$_JOB
2 

•HR 7 IH

A BILL 

To prohibit taxpayer funded abortions. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘No Taxpayer Funding for Abortion and Abortion Insur6 ance Full Disclosure Act of 2023’’. 

7 (b) TABLE OF CONTENTS.—The table of contents of 

8 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 costsharing reductions under ACA. 

Sec. 202. Revision of notice requirements regarding disclosure of extent of 

health plan coverage of abortion and abortion premium surcharges. 

9 TITLE I—PROHIBITING FEDER10 ALLY FUNDED ABORTIONS 

11 SEC. 101. PROHIBITING TAXPAYER FUNDED ABORTIONS. 

12 Title 1, United States Code, is amended by adding 

13 at the end the following new chapter: 

14 ‘‘CHAPTER 4—PROHIBITING TAXPAYER 

15 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. 


pbinns on DSKJLVW7X2PROD with $$_JOB
3 

•HR 7 IH

‘‘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. 

1 ‘‘§ 301. Prohibition on funding for abortions 

2 ‘‘No funds authorized or appropriated by Federal 

3 law, and none of the funds in any trust fund to which 

4 funds are authorized or appropriated by Federal law, shall 

5 be expended for any abortion. 

6 ‘‘§ 302. Prohibition on funding for health benefits 

7 plans that cover abortion 

8 ‘‘None of the funds authorized or appropriated by 

9 Federal law, and none of the funds in any trust fund to 

10 which funds are authorized or appropriated by Federal 

11 law, shall be expended for health benefits coverage that 

12 includes coverage of abortion. 

13 ‘‘§ 303. Limitation on Federal facilities and employees 

14 ‘‘No health care service furnished— 

15 ‘‘(1) by or in a health care facility owned or op16 erated by the Federal Government; or 

17 ‘‘(2) by any physician or other individual em18 ployed by the Federal Government to provide health 

19 care services within the scope of the physician’s or 

20 individual’s employment, 

21 may include abortion. 


pbinns on DSKJLVW7X2PROD with $$_JOB
4 

•HR 7 IH

1 ‘‘§ 304. Construction relating to separate coverage 

2 ‘‘Nothing in this chapter shall be construed as pro3 hibiting any individual, entity, or State or locality from 

4 purchasing separate abortion coverage or health benefits 

5 coverage that includes abortion so long as such coverage 

6 is paid for entirely using only funds not authorized or ap7 propriated by Federal law and such coverage shall not be 

8 purchased using matching funds required for a federally 

9 subsidized program, including a State’s or locality’s con10 tribution of Medicaid matching funds. 

11 ‘‘§ 305. Construction relating to the use of non-Fed12 eral funds for health coverage 

13 ‘‘Nothing in this chapter shall be construed as re14 stricting the ability of any non-Federal health benefits cov15 erage provider from offering abortion coverage, or the abil16 ity of a State or locality to contract separately with such 

17 a provider for such coverage, so long as only funds not 

18 authorized or appropriated by Federal law are used and 

19 such coverage shall not be purchased using matching 

20 funds required for a federally subsidized program, includ21 ing a State’s or locality’s contribution of Medicaid match22 ing funds. 

23 ‘‘§ 306. Non-preemption of other Federal laws 

24 ‘‘Nothing in this chapter shall repeal, amend, or have 

25 any effect on any other Federal law to the extent such 

26 law imposes any limitation on the use of funds for abortion 


pbinns on DSKJLVW7X2PROD with $$_JOB
5 

•HR 7 IH

1 or for health benefits coverage that includes coverage of 

2 abortion, beyond the limitations set forth in this chapter. 

3 ‘‘§ 307. Construction relating to complications arising 

4 from abortion 

5 ‘‘Nothing in this chapter shall be construed to apply 

6 to the treatment of any infection, injury, disease, or dis7 order that has been caused by or exacerbated by the per8 formance of an abortion. This rule of construction shall 

9 be applicable without regard to whether the abortion was 

10 performed in accord with Federal or State law, and with11 out regard to whether funding for the abortion is permis12 sible under section 308. 

13 ‘‘§ 308. Treatment of abortions related to rape, incest, 

14 or preserving the life of the mother 

15 ‘‘The limitations established in sections 301, 302, 

16 and 303 shall not apply to an abortion— 

17 ‘‘(1) if the pregnancy is the result of an act of 

18 rape or incest; or 

19 ‘‘(2) in the case where a woman suffers from a 

20 physical disorder, physical injury, or physical illness 

21 that would, as certified by a physician, place the 

22 woman in danger of death unless an abortion is per23 formed, including a life-endangering physical condi24 tion caused by or arising from the pregnancy itself. 


pbinns on DSKJLVW7X2PROD with $$_JOB
6 

•HR 7 IH

1 ‘‘§ 309. Application to District of Columbia 

2 ‘‘In this chapter: 

3 ‘‘(1) Any reference to funds appropriated by 

4 Federal law shall be treated as including any 

5 amounts within the budget of the District of Colum6 bia that have been approved by an Act of Congress 

7 pursuant to section 446 of the District of Columbia 

8 Home Rule Act (or any applicable successor Federal 

9 law). 

10 ‘‘(2) The term ‘Federal Government’ includes 

11 the government of the District of Columbia.’’. 

12 SEC. 102. AMENDMENT TO TABLE OF CHAPTERS. 

13 The table of chapters for title 1, United States Code, 

14 is amended by adding at the end the following new item: 

‘‘4. Prohibiting taxpayer funded abortions ............................ 301’’. 

15 TITLE II—APPLICATION UNDER 

16 THE AFFORDABLE CARE ACT 

17 SEC. 201. CLARIFYING APPLICATION OF PROHIBITION TO 

18 PREMIUM CREDITS AND COST-SHARING RE19 DUCTIONS UNDER ACA. 

20 (a) IN GENERAL.— 

21 (1) DISALLOWANCE OF REFUNDABLE CREDIT

22 AND COST-SHARING REDUCTIONS FOR COVERAGE

23 UNDER QUALIFIED HEALTH PLAN WHICH PROVIDES

24 COVERAGE FOR ABORTION.— 


pbinns on DSKJLVW7X2PROD with $$_JOB
7 

•HR 7 IH

1 (A) IN GENERAL.—Subparagraph (A) of 

2 section 36B(c)(3) of the Internal Revenue Code 

3 of 1986 is amended by inserting before the pe4 riod at the end the following: ‘‘or any health 

5 plan that includes coverage for abortions (other 

6 than any abortion or treatment described in 

7 section 307 or 308 of title 1, United States 

8 Code)’’. 

9 (B) OPTION TO PURCHASE OR OFFER SEP10 ARATE COVERAGE OR PLAN.—Paragraph (3) of 

11 section 36B(c) of such Code is amended by 

12 adding at the end the following new subpara13 graph: 

14 ‘‘(C) SEPARATE ABORTION COVERAGE OR

15 PLAN ALLOWED.— 

16 ‘‘(i) OPTION TO PURCHASE SEPARATE

17 COVERAGE OR PLAN.—Nothing in subpara18 graph (A) shall be construed as prohibiting 

19 any individual from purchasing separate 

20 coverage for abortions described in such 

21 subparagraph, or a health plan that in22 cludes such abortions, so long as no credit 

23 is allowed under this section with respect 

24 to the premiums for such coverage or plan. 


pbinns on DSKJLVW7X2PROD with $$_JOB
8 

•HR 7 IH

1 ‘‘(ii) OPTION TO OFFER COVERAGE OR

2 PLAN.—Nothing in subparagraph (A) shall 

3 restrict any non-Federal health insurance 

4 issuer offering a health plan from offering 

5 separate coverage for abortions described 

6 in such subparagraph, or a plan that in7 cludes such abortions, so long as premiums 

8 for such separate coverage or plan are not 

9 paid for with any amount attributable to 

10 the credit allowed under this section (or 

11 the amount of any advance payment of the 

12 credit under section 1412 of the Patient 

13 Protection and Affordable Care Act).’’. 

14 (2) DISALLOWANCE OF SMALL EMPLOYER

15 HEALTH INSURANCE EXPENSE CREDIT FOR PLAN

16 WHICH INCLUDES COVERAGE FOR ABORTION.—Sub17 section (h) of section 45R of the Internal Revenue 

18 Code of 1986 is amended— 

19 (A) by striking ‘‘Any term’’ and inserting 

20 the following: 

21 ‘‘(1) IN GENERAL.—Any term’’; and 

22 (B) by adding at the end the following new 

23 paragraph: 

24 ‘‘(2) EXCLUSION OF HEALTH PLANS INCLUDING

25 COVERAGE FOR ABORTION.— 


pbinns on DSKJLVW7X2PROD with $$_JOB
9 

•HR 7 IH

1 ‘‘(A) IN GENERAL.—The term ‘qualified 

2 health plan’ does not include any health plan 

3 that includes coverage for abortions (other than 

4 any abortion or treatment described in section 

5 307 or 308 of title 1, United States Code). 

6 ‘‘(B) SEPARATE ABORTION COVERAGE OR

7 PLAN ALLOWED.— 

8 ‘‘(i) OPTION TO PURCHASE SEPARATE

9 COVERAGE OR PLAN.—Nothing in subpara10 graph (A) shall be construed as prohibiting 

11 any employer from purchasing for its em12 ployees separate coverage for abortions de13 scribed in such subparagraph, or a health 

14 plan that includes such abortions, so long 

15 as no credit is allowed under this section 

16 with respect to the employer contributions 

17 for such coverage or plan. 

18 ‘‘(ii) OPTION TO OFFER COVERAGE OR

19 PLAN.—Nothing in subparagraph (A) shall 

20 restrict any non-Federal health insurance 

21 issuer offering a health plan from offering 

22 separate coverage for abortions described 

23 in such subparagraph, or a plan that in24 cludes such abortions, so long as such sep25 arate coverage or plan is not paid for with 


pbinns on DSKJLVW7X2PROD with $$_JOB
10 

•HR 7 IH

1 any employer contribution eligible for the 

2 credit allowed under this section.’’. 

3 (3) CONFORMING ACA AMENDMENTS.—Section 

4 1303(b) of Public Law 111–148 (42 U.S.C. 

5 18023(b)) is amended— 

6 (A) by striking paragraph (2); 

7 (B) by striking paragraph (3), as amended 

8 by section 202(a); and 

9 (C) by redesignating paragraph (4) as 

10 paragraph (2). 

11 (b) APPLICATION TO MULTI-STATE PLANS.—Para12 graph (6) of section 1334(a) of Public Law 111–148 (42 

13 U.S.C. 18054(a)) is amended to read as follows: 

14 ‘‘(6) COVERAGE CONSISTENT WITH FEDERAL

15 ABORTION POLICY.—In entering into contracts 

16 under this subsection, the Director shall ensure that 

17 no multi-State qualified health plan offered in an 

18 Exchange provides health benefits coverage for 

19 which the expenditure of Federal funds is prohibited 

20 under chapter 4 of title 1, United States Code.’’. 

21 (c) EFFECTIVE DATE.—The amendments made by 

22 subsection (a) shall apply to taxable years ending after 

23 December 31, 2023, but only with respect to plan years 

24 beginning after such date, and the amendment made by 


pbinns on DSKJLVW7X2PROD with $$_JOB
11 

•HR 7 IH

1 subsection (b) shall apply to plan years beginning after 

2 such date. 

3 SEC. 202. REVISION OF NOTICE REQUIREMENTS REGARD4 ING DISCLOSURE OF EXTENT OF HEALTH 

5 PLAN COVERAGE OF ABORTION AND ABOR6 TION PREMIUM SURCHARGES. 

7 (a) IN GENERAL.—Paragraph (3) of section 1303(b) 

8 of Public Law 111–148 (42 U.S.C. 18023(b)) is amended 

9 to read as follows: 

10 ‘‘(3) RULES RELATING TO NOTICE.— 

11 ‘‘(A) IN GENERAL.—The extent of cov12 erage (if any) of services described in para13 graph (1)(B)(i) or (1)(B)(ii) by a qualified 

14 health plan shall be disclosed to enrollees at the 

15 time of enrollment in the plan and shall be 

16 prominently displayed in any marketing or ad17 vertising materials, comparison tools, or sum18 mary of benefits and coverage explanation made 

19 available with respect to such plan by the issuer 

20 of the plan, by an Exchange, or by the Sec21 retary, including information made available 

22 through an Internet portal or Exchange under 

23 sections 1311(c)(5) and 1311(d)(4)(C). 

24 ‘‘(B) SEPARATE DISCLOSURE OF ABOR25 TION SURCHARGES.—In the case of a qualified 


pbinns on DSKJLVW7X2PROD with $$_JOB
12 

•HR 7 IH

1 health plan that includes the services described 

2 in paragraph (1)(B)(i) and where the premium 

3 for the plan is disclosed, including in any mar4 keting or advertising materials or any other in5 formation referred to in subparagraph (A), the 

6 surcharge described in paragraph (2)(B)(i)(II) 

7 that is attributable to such services shall also be 

8 disclosed and identified separately.’’. 

9 (b) EFFECTIVE DATE.—The amendment made by 

10 subsection (a) shall apply to materials, tools, or other in11 formation made available more than 30 days after the date 

12 of the enactment of this Act. 

Æ 


pbinns on DSKJLVW7X2PROD with $$_JOB