I 

117TH CONGRESS 

1ST SESSION H. R. 18 

To prohibit taxpayer funded abortions. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 5, 2021 

Mr. SMITH of New Jersey (for himself, Mrs. HARTZLER, Mr. ADERHOLT, Mr. 

ALLEN, Mr. ARMSTRONG, Mr. ARRINGTON, Mr. BABIN, Mr. BACON, Mr. 

BALDERSON, Mr. BANKS, Mrs. BICE of Oklahoma, Mr. BIGGS, Mr. 

BISHOP of North Carolina, Mrs. BOEBERT, Mr. BOST, Mr. BROOKS, Mr. 

BUCHANAN, Mr. BUDD, Mr. BURCHETT, Mr. BURGESS, Mr. CARL, Mr. 

CARTER of Georgia, Mr. CHABOT, Ms. CHENEY, Mr. CLOUD, Mr. CLYDE, 

Mr. COLE, Mr. CURTIS, Mr. DAVIDSON, Mr. RODNEY DAVIS of Illinois, 

Mr. DUNCAN, Mr. DUNN, Mr. EMMER, Mr. FEENSTRA, Mrs. FISCHBACH, 

Mr. FORTENBERRY, Ms. FOXX, Mr. C. SCOTT FRANKLIN of Florida, Mr. 

GAETZ, Mr. GIBBS, Mr. GONZALEZ of Ohio, Mr. GOOD of Virginia, Mr. 

GRAVES of Louisiana, Mr. GRAVES of Missouri, Mr. GRIFFITH, Mr. 

GROTHMAN, Mr. GUEST, Mr. GUTHRIE, Mr. HAGEDORN, Mr. HARRIS, 

Mrs. HARSHBARGER, Mr. HERN, Ms. HERRELL, Mr. HICE of Georgia, 

Mrs. HINSON, Mr. HOLLINGSWORTH, Mr. HUDSON, Mr. HUIZENGA, Mr. 

ISSA, Mr. JACKSON, Mr. JACOBS of New York, Mr. JOHNSON of South 

Dakota, Mr. JOHNSON of Louisiana, Mr. JORDAN, Mr. JOYCE of Pennsylvania, Mr. KELLER, Mr. KELLY of Mississippi, Mr. KINZINGER, Mr. 

KUSTOFF, Mr. LAHOOD, Mr. LAMALFA, Mr. LAMBORN, Mr. LATTA, Mr. 

LATURNER, Mrs. LESKO, Mr. LOUDERMILK, Mr. LUETKEMEYER, Ms. 

MACE, Mr. MANN, Mr. MAST, Mr. MCCARTHY, Mrs. MCCLAIN, Mr. 

MCHENRY, Mr. MCKINLEY, Mrs. RODGERS of Washington, Mrs. MILLER

of West Virginia, Mrs. MILLER of Illinois, Mr. MOOLENAAR, Mr. MOONEY, Mr. MOORE of Alabama, Mr. MOORE of Utah, Mr. MULLIN, Mr. 

MURPHY of North Carolina, Mr. NEWHOUSE, Mr. NORMAN, Mr. OWENS, 

Mr. PERRY, Mr. PFLUGER, Mr. POSEY, Mr. RESCHENTHALER, Mr. RICE

of South Carolina, Mr. ROGERS of Kentucky, Mr. ROGERS of Alabama, 

Mr. ROSE, Mr. ROSENDALE, Mr. ROUZER, Mr. ROY, Mr. RUTHERFORD, 

Mr. SCALISE, Mr. SCHWEIKERT, Mr. AUSTIN SCOTT of Georgia, Mr. SESSIONS, Mr. SMITH of Missouri, Mr. SMUCKER, Mr. STAUBER, Mr. STEIL, 

Mr. STEUBE, Mr. STEWART, Mr. TAYLOR, Mr. THOMPSON of Pennsylvania, Mr. TIMMONS, Mrs. WAGNER, Mr. WALBERG, Mrs. WALORSKI, 

Mr. WALTZ, Mr. WEBER of Texas, Mr. WENSTRUP, Mr. WESTERMAN, 

Mr. WILLIAMS of Texas, Mr. WILSON of South Carolina, Mr. WOMACK, 

Mr. WRIGHT, and Mr. YOUNG) introduced the following bill; which was 


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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. 

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 2021’’. 

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. 


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1 TITLE I—PROHIBITING FEDER2 ALLY FUNDED ABORTIONS 

3 SEC. 101. PROHIBITING TAXPAYER FUNDED ABORTIONS. 

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

5 at the end the following new chapter: 

6 ‘‘CHAPTER 4—PROHIBITING TAXPAYER 

7 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. 

8 ‘‘§ 301. Prohibition on funding for abortions 

9 ‘‘No funds authorized or appropriated by Federal 

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

11 funds are authorized or appropriated by Federal law, shall 

12 be expended for any abortion. 

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

14 plans that cover abortion 

15 ‘‘None of the funds authorized or appropriated by 

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

17 which funds are authorized or appropriated by Federal 

18 law, shall be expended for health benefits coverage that 

19 includes coverage of abortion. 


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

2 ‘‘No health care service furnished— 

3 ‘‘(1) by or in a health care facility owned or op4 erated by the Federal Government; or 

5 ‘‘(2) by any physician or other individual em6 ployed by the Federal Government to provide health 

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

8 individual’s employment, 

9 may include abortion. 

10 ‘‘§ 304. Construction relating to separate coverage 

11 ‘‘Nothing in this chapter shall be construed as pro12 hibiting any individual, entity, or State or locality from 

13 purchasing separate abortion coverage or health benefits 

14 coverage that includes abortion so long as such coverage 

15 is paid for entirely using only funds not authorized or ap16 propriated by Federal law and such coverage shall not be 

17 purchased using matching funds required for a federally 

18 subsidized program, including a State’s or locality’s con19 tribution of Medicaid matching funds. 

20 ‘‘§ 305. Construction relating to the use of non-Fed21 eral funds for health coverage 

22 ‘‘Nothing in this chapter shall be construed as re23 stricting the ability of any non-Federal health benefits cov24 erage provider from offering abortion coverage, or the abil25 ity of a State or locality to contract separately with such 

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


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1 authorized or appropriated by Federal law are used and 

2 such coverage shall not be purchased using matching 

3 funds required for a federally subsidized program, includ4 ing a State’s or locality’s contribution of Medicaid match5 ing funds. 

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

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

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

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

10 or for health benefits coverage that includes coverage of 

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

12 ‘‘§ 307. Construction relating to complications arising 

13 from abortion 

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

15 to the treatment of any infection, injury, disease, or dis16 order that has been caused by or exacerbated by the per17 formance of an abortion. This rule of construction shall 

18 be applicable without regard to whether the abortion was 

19 performed in accord with Federal or State law, and with20 out regard to whether funding for the abortion is permis21 sible under section 308. 

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

23 or preserving the life of the mother 

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

25 and 303 shall not apply to an abortion— 


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

2 rape or incest; or 

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

4 physical disorder, physical injury, or physical illness 

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

6 woman in danger of death unless an abortion is per7 formed, including a life-endangering physical condi8 tion caused by or arising from the pregnancy itself. 

9 ‘‘§ 309. Application to District of Columbia 

10 ‘‘In this chapter: 

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

12 Federal law shall be treated as including any 

13 amounts within the budget of the District of Colum14 bia that have been approved by an Act of Congress 

15 pursuant to section 446 of the District of Columbia 

16 Home Rule Act (or any applicable successor Federal 

17 law). 

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

19 the government of the District of Columbia.’’. 

20 SEC. 102. AMENDMENT TO TABLE OF CHAPTERS. 

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

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

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


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1 TITLE II—APPLICATION UNDER 

2 THE AFFORDABLE CARE ACT 

3 SEC. 201. CLARIFYING APPLICATION OF PROHIBITION TO 

4 PREMIUM CREDITS AND COST-SHARING RE5 DUCTIONS UNDER ACA. 

6 (a) IN GENERAL.— 

7 (1) DISALLOWANCE OF REFUNDABLE CREDIT

8 AND COST-SHARING REDUCTIONS FOR COVERAGE

9 UNDER QUALIFIED HEALTH PLAN WHICH PROVIDES

10 COVERAGE FOR ABORTION.— 

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

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

13 of 1986 is amended by inserting before the pe14 riod at the end the following: ‘‘or any health 

15 plan that includes coverage for abortions (other 

16 than any abortion or treatment described in 

17 section 307 or 308 of title 1, United States 

18 Code)’’. 

19 (B) OPTION TO PURCHASE OR OFFER SEP20 ARATE COVERAGE OR PLAN.—Paragraph (3) of 

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

22 adding at the end the following new subpara23 graph: 

24 ‘‘(C) SEPARATE ABORTION COVERAGE OR

25 PLAN ALLOWED.— 


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1 ‘‘(i) OPTION TO PURCHASE SEPARATE

2 COVERAGE OR PLAN.—Nothing in subpara3 graph (A) shall be construed as prohibiting 

4 any individual from purchasing separate 

5 coverage for abortions described in such 

6 subparagraph, or a health plan that in7 cludes such abortions, so long as no credit 

8 is allowed under this section with respect 

9 to the premiums for such coverage or plan. 

10 ‘‘(ii) OPTION TO OFFER COVERAGE OR

11 PLAN.—Nothing in subparagraph (A) shall 

12 restrict any non-Federal health insurance 

13 issuer offering a health plan from offering 

14 separate coverage for abortions described 

15 in such subparagraph, or a plan that in16 cludes such abortions, so long as premiums 

17 for such separate coverage or plan are not 

18 paid for with any amount attributable to 

19 the credit allowed under this section (or 

20 the amount of any advance payment of the 

21 credit under section 1412 of the Patient 

22 Protection and Affordable Care Act).’’. 

23 (2) DISALLOWANCE OF SMALL EMPLOYER

24 HEALTH INSURANCE EXPENSE CREDIT FOR PLAN

25 WHICH INCLUDES COVERAGE FOR ABORTION.—SubVerDate Sep 11 2014 17:52 Feb 07, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H18.IH H18

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1 section (h) of section 45R of the Internal Revenue 

2 Code of 1986 is amended— 

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

4 the following: 

5 ‘‘(1) IN GENERAL.—Any term’’; and 

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

7 paragraph: 

8 ‘‘(2) EXCLUSION OF HEALTH PLANS INCLUDING

9 COVERAGE FOR ABORTION.— 

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

11 health plan’ does not include any health plan 

12 that includes coverage for abortions (other than 

13 any abortion or treatment described in section 

14 307 or 308 of title 1, United States Code). 

15 ‘‘(B) SEPARATE ABORTION COVERAGE OR

16 PLAN ALLOWED.— 

17 ‘‘(i) OPTION TO PURCHASE SEPARATE

18 COVERAGE OR PLAN.—Nothing in subpara19 graph (A) shall be construed as prohibiting 

20 any employer from purchasing for its em21 ployees separate coverage for abortions de22 scribed in such subparagraph, or a health 

23 plan that includes such abortions, so long 

24 as no credit is allowed under this section 


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1 with respect to the employer contributions 

2 for such coverage or plan. 

3 ‘‘(ii) OPTION TO OFFER COVERAGE OR

4 PLAN.—Nothing in subparagraph (A) shall 

5 restrict any non-Federal health insurance 

6 issuer offering a health plan from offering 

7 separate coverage for abortions described 

8 in such subparagraph, or a plan that in9 cludes such abortions, so long as such sep10 arate coverage or plan is not paid for with 

11 any employer contribution eligible for the 

12 credit allowed under this section.’’. 

13 (3) CONFORMING ACA AMENDMENTS.—Section 

14 1303(b) of Public Law 111–148 (42 U.S.C. 

15 18023(b)) is amended— 

16 (A) by striking paragraph (2); 

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

18 by section 202(a); and 

19 (C) by redesignating paragraph (4) as 

20 paragraph (2). 

21 (b) APPLICATION TO MULTI-STATE PLANS.—Para22 graph (6) of section 1334(a) of Public Law 111–148 (42 

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

24 ‘‘(6) COVERAGE CONSISTENT WITH FEDERAL

25 ABORTION POLICY.—In entering into contracts 


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1 under this subsection, the Director shall ensure that 

2 no multi-State qualified health plan offered in an 

3 Exchange provides health benefits coverage for 

4 which the expenditure of Federal funds is prohibited 

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

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

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

8 December 31, 2021, but only with respect to plan years 

9 beginning after such date, and the amendment made by 

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

11 such date. 

12 SEC. 202. REVISION OF NOTICE REQUIREMENTS REGARD13 ING DISCLOSURE OF EXTENT OF HEALTH 

14 PLAN COVERAGE OF ABORTION AND ABOR15 TION PREMIUM SURCHARGES. 

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

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

18 to read as follows: 

19 ‘‘(3) RULES RELATING TO NOTICE.— 

20 ‘‘(A) IN GENERAL.—The extent of cov21 erage (if any) of services described in para22 graph (1)(B)(i) or (1)(B)(ii) by a qualified 

23 health plan shall be disclosed to enrollees at the 

24 time of enrollment in the plan and shall be 

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1 vertising materials, comparison tools, or sum2 mary of benefits and coverage explanation made 

3 available with respect to such plan by the issuer 

4 of the plan, by an Exchange, or by the Sec5 retary, including information made available 

6 through an Internet portal or Exchange under 

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

8 ‘‘(B) SEPARATE DISCLOSURE OF ABOR9 TION SURCHARGES.—In the case of a qualified 

10 health plan that includes the services described 

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

12 for the plan is disclosed, including in any mar13 keting or advertising materials or any other in14 formation referred to in subparagraph (A), the 

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

16 that is attributable to such services shall also be 

17 disclosed and identified separately.’’. 

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

19 subsection (a) shall apply to materials, tools, or other in20 formation made available more than 30 days after the date 

21 of the enactment of this Act. 

Æ 


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