II 

117TH CONGRESS 

1ST SESSION S. 92 

To prohibit taxpayer funded abortions. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 28, 2021 

Mr. WICKER (for himself, Mr. BARRASSO, Mrs. BLACKBURN, Mr. BLUNT, Mr. 

BOOZMAN, Mr. BRAUN, Mrs. CAPITO, Mr. CASSIDY, Mr. CORNYN, Mr. 

COTTON, Mr. CRAMER, Mr. CRAPO, Mr. CRUZ, Mr. DAINES, Ms. ERNST, 

Mrs. FISCHER, Mr. GRAHAM, Mr. GRASSLEY, Mr. HAGERTY, Mr. 

HAWLEY, Mr. HOEVEN, Mrs. HYDE-SMITH, Mr. INHOFE, Mr. JOHNSON, 

Mr. KENNEDY, Mr. LANKFORD, Mr. LEE, Ms. LUMMIS, Mr. MARSHALL, 

Mr. MCCONNELL, Mr. MORAN, Mr. PAUL, Mr. PORTMAN, Mr. RISCH, 

Mr. ROMNEY, Mr. ROUNDS, Mr. RUBIO, Mr. SASSE, Mr. SCOTT of Florida, Mr. SCOTT of South Carolina, Mr. SHELBY, Mr. SULLIVAN, Mr. 

THUNE, Mr. TILLIS, Mr. TOOMEY, Mr. TUBERVILLE, and Mr. YOUNG) 

introduced the following bill; which was read twice and referred to the 

Committee on Finance 

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’’. 


pamtmann on DSKBC07HB2PROD with BILLS
2 

•S 92 IS

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

2 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. 

3 TITLE I—PROHIBITING FEDER4 ALLY FUNDED ABORTIONS 

5 SEC. 101. PROHIBITING TAXPAYER FUNDED ABORTIONS. 

6 Title 1, United States Code is amended by adding 

7 at the end the following new chapter: 

8 ‘‘CHAPTER 4—PROHIBITING TAXPAYER 

9 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. 

10 ‘‘§ 301. Prohibition on funding for abortions 

11 ‘‘No funds authorized or appropriated by Federal 

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

13 funds are authorized or appropriated by Federal law, shall 

14 be expended for any abortion. 


pamtmann on DSKBC07HB2PROD with BILLS
3 

•S 92 IS

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

2 plans that cover abortion 

3 ‘‘None of the funds authorized or appropriated by 

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

5 which funds are authorized or appropriated by Federal 

6 law, shall be expended for health benefits coverage that 

7 includes coverage of abortion. 

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

9 ‘‘No health care service furnished— 

10 ‘‘(1) by or in a health care facility owned or op11 erated by the Federal Government; or 

12 ‘‘(2) by any physician or other individual em13 ployed by the Federal Government to provide health 

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

15 individual’s employment, 

16 may include abortion. 

17 ‘‘§ 304. Construction relating to separate coverage 

18 ‘‘Nothing in this chapter shall be construed as pro19 hibiting any individual, entity, or State or locality from 

20 purchasing separate abortion coverage or health benefits 

21 coverage that includes abortion so long as such coverage 

22 is paid for entirely using only funds not authorized or ap23 propriated by Federal law and such coverage shall not be 

24 purchased using matching funds required for a federally 

25 subsidized program, including a State’s or locality’s con26 tribution of Medicaid matching funds. 


pamtmann on DSKBC07HB2PROD with BILLS
4 

•S 92 IS

1 ‘‘§ 305. Construction relating to the use of non-Fed2 eral funds for health coverage 

3 ‘‘Nothing in this chapter shall be construed as re4 stricting the ability of any non-Federal health benefits cov5 erage provider from offering abortion coverage, or the abil6 ity of a State or locality to contract separately with such 

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

8 authorized or appropriated by Federal law are used and 

9 such coverage shall not be purchased using matching 

10 funds required for a federally subsidized program, includ11 ing a State’s or locality’s contribution of Medicaid match12 ing funds. 

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

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

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

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

17 or for health benefits coverage that includes coverage of 

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

19 ‘‘§ 307. Construction relating to complications arising 

20 from abortion 

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

22 to the treatment of any infection, injury, disease, or dis23 order that has been caused by or exacerbated by the per24 formance of an abortion. This rule of construction shall 

25 be applicable without regard to whether the abortion was 

26 performed in accord with Federal or State law, and withVerDate Sep 11 2014 19:08 Feb 09, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S92.IS S92

pamtmann on DSKBC07HB2PROD with BILLS
5 

•S 92 IS

1 out regard to whether funding for the abortion is permis2 sible under section 308. 

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

4 or preserving the life of the mother 

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

6 and 303 shall not apply to an abortion— 

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

8 rape or incest; or 

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

10 physical disorder, physical injury, or physical illness 

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

12 woman in danger of death unless an abortion is per13 formed, including a life-endangering physical condi14 tion caused by or arising from the pregnancy itself. 

15 ‘‘§ 309. Application to District of Columbia 

16 ‘‘In this chapter: 

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

18 Federal law shall be treated as including any 

19 amounts within the budget of the District of Colum20 bia that have been approved by Act of Congress pur21 suant to section 446 of the District of Columbia 

22 Home Rule Act (or any applicable successor Federal 

23 law). 

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

25 the government of the District of Columbia.’’. 


pamtmann on DSKBC07HB2PROD with BILLS
6 

•S 92 IS

1 SEC. 102. AMENDMENT TO TABLE OF CHAPTERS. 

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

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

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

4 TITLE II—APPLICATION UNDER 

5 THE AFFORDABLE CARE ACT 

6 SEC. 201. CLARIFYING APPLICATION OF PROHIBITION TO 

7 PREMIUM CREDITS AND COST-SHARING RE8 DUCTIONS UNDER ACA. 

9 (a) IN GENERAL.— 

10 (1) DISALLOWANCE OF REFUNDABLE CREDIT

11 AND COST-SHARING REDUCTIONS FOR COVERAGE

12 UNDER QUALIFIED HEALTH PLAN WHICH PROVIDES

13 COVERAGE FOR ABORTION.— 

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

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

16 of 1986 is amended by inserting before the pe17 riod at the end the following: ‘‘or any health 

18 plan that includes coverage for abortions (other 

19 than any abortion or treatment described in 

20 section 307 or 308 of title 1, United States 

21 Code)’’. 

22 (B) OPTION TO PURCHASE OR OFFER SEP23 ARATE COVERAGE OR PLAN.—Paragraph (3) of 

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


pamtmann on DSKBC07HB2PROD with BILLS
7 

•S 92 IS

1 adding at the end the following new subpara2 graph: 

3 ‘‘(C) SEPARATE ABORTION COVERAGE OR

4 PLAN ALLOWED.— 

5 ‘‘(i) OPTION TO PURCHASE SEPARATE

6 COVERAGE OR PLAN.—Nothing in subpara7 graph (A) shall be construed as prohibiting 

8 any individual from purchasing separate 

9 coverage for abortions described in such 

10 subparagraph, or a health plan that in11 cludes such abortions, so long as no credit 

12 is allowed under this section with respect 

13 to the premiums for such coverage or plan. 

14 ‘‘(ii) OPTION TO OFFER COVERAGE OR

15 PLAN.—Nothing in subparagraph (A) shall 

16 restrict any non-Federal health insurance 

17 issuer offering a health plan from offering 

18 separate coverage for abortions described 

19 in such subparagraph, or a plan that in20 cludes such abortions, so long as premiums 

21 for such separate coverage or plan are not 

22 paid for with any amount attributable to 

23 the credit allowed under this section (or 

24 the amount of any advance payment of the 


pamtmann on DSKBC07HB2PROD with BILLS
8 

•S 92 IS

1 credit under section 1412 of the Patient 

2 Protection and Affordable Care Act).’’. 

3 (2) DISALLOWANCE OF SMALL EMPLOYER

4 HEALTH INSURANCE EXPENSE CREDIT FOR PLAN

5 WHICH INCLUDES COVERAGE FOR ABORTION.—Sub6 section (h) of section 45R of the Internal Revenue 

7 Code of 1986 is amended— 

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

9 the following: 

10 ‘‘(1) IN GENERAL.—Any term’’; and 

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

12 paragraph: 

13 ‘‘(2) EXCLUSION OF HEALTH PLANS INCLUDING

14 COVERAGE FOR ABORTION.— 

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

16 health plan’ does not include any health plan 

17 that includes coverage for abortions (other than 

18 any abortion or treatment described in section 

19 307 or 308 of title 1, United States Code). 

20 ‘‘(B) SEPARATE ABORTION COVERAGE OR

21 PLAN ALLOWED.— 

22 ‘‘(i) OPTION TO PURCHASE SEPARATE

23 COVERAGE OR PLAN.—Nothing in subpara24 graph (A) shall be construed as prohibiting 

25 any employer from purchasing for its emVerDate Sep 11 2014 19:08 Feb 09, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S92.IS S92

pamtmann on DSKBC07HB2PROD with BILLS
9 

•S 92 IS

1 ployees separate coverage for abortions de2 scribed in such subparagraph, or a health 

3 plan that includes such abortions, so long 

4 as no credit is allowed under this section 

5 with respect to the employer contributions 

6 for such coverage or plan. 

7 ‘‘(ii) OPTION TO OFFER COVERAGE OR

8 PLAN.—Nothing in subparagraph (A) shall 

9 restrict any non-Federal health insurance 

10 issuer offering a health plan from offering 

11 separate coverage for abortions described 

12 in such subparagraph, or a plan that in13 cludes such abortions, so long as such sep14 arate coverage or plan is not paid for with 

15 any employer contribution eligible for the 

16 credit allowed under this section.’’. 

17 (3) CONFORMING ACA AMENDMENTS.—Section 

18 1303(b) of Public Law 111–148 (42 U.S.C. 

19 18023(b)) is amended— 

20 (A) by striking paragraph (2); 

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

22 by section 202(a); and 

23 (C) by redesignating paragraph (4) as 

24 paragraph (2). 


pamtmann on DSKBC07HB2PROD with BILLS
10 

•S 92 IS

1 (b) APPLICATION TO MULTI-STATE PLANS.—Para2 graph (6) of section 1334(a) of Public Law 111–148 (42 

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

4 ‘‘(6) COVERAGE CONSISTENT WITH FEDERAL

5 ABORTION POLICY.—In entering into contracts 

6 under this subsection, the Director shall ensure that 

7 no multi-State qualified health plan offered in an 

8 Exchange provides health benefits coverage for 

9 which the expenditure of Federal funds is prohibited 

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

11 (c) EFFECTIVE DATES.— 

12 (1) IN GENERAL.—The amendments made by 

13 paragraphs (1) and (2) of subsection (a) shall apply 

14 to taxable years ending after December 31, 2021, 

15 but only with respect to plan years beginning after 

16 December 31, 2021. 

17 (2) ACA AMENDMENTS.—The amendments 

18 made by subsection (a)(3) shall take effect on Janu19 ary 1, 2022. 

20 (3) MULTI-STATE PLANS.—The amendment 

21 made by subsection (b) shall apply to plan years be22 ginning after December 31, 2021. 


pamtmann on DSKBC07HB2PROD with BILLS
11 

•S 92 IS

1 SEC. 202. REVISION OF NOTICE REQUIREMENTS REGARD2 ING DISCLOSURE OF EXTENT OF HEALTH 

3 PLAN COVERAGE OF ABORTION AND ABOR4 TION PREMIUM SURCHARGES. 

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

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

7 to read as follows: 

8 ‘‘(3) RULES RELATING TO NOTICE.— 

9 ‘‘(A) IN GENERAL.—The extent of cov10 erage (if any) of services described in para11 graph (1)(B)(i) or (1)(B)(ii) by a qualified 

12 health plan shall be disclosed to enrollees at the 

13 time of enrollment in the plan and shall be 

14 prominently displayed in any marketing or ad15 vertising materials, comparison tools, or sum16 mary of benefits and coverage explanation made 

17 available with respect to such plan by the issuer 

18 of the plan, by an Exchange, or by the Sec19 retary, including information made available 

20 through an Internet portal or Exchange under 

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

22 ‘‘(B) SEPARATE DISCLOSURE OF ABOR23 TION SURCHARGES.—In the case of a qualified 

24 health plan that includes the services described 

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

26 for the plan is disclosed, including in any marVerDate Sep 11 2014 19:08 Feb 09, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S92.IS S92

pamtmann on DSKBC07HB2PROD with BILLS
12 

•S 92 IS

1 keting or advertising materials or any other in2 formation referred to in subparagraph (A), the 

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

4 that is attributable to such services shall also be 

5 disclosed and identified separately.’’. 

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

7 subsection (a) shall apply to materials, tools, or other in8 formation made available more than 30 days after the date 

9 of the enactment of this Act. 

Æ 


pamtmann on DSKBC07HB2PROD with BILLS