H.R. 7House113th Congress (2013-2015)Passed House

No Taxpayer Funding for Abortion and Abortion Insurance Full Disclosure Act of 2014

Introduced May 14, 2013

Legislative Activity

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22 earlier actions
SenateIntro Referral Latest Action

Received in the Senate and Read twice and referred to the Committee on Finance.

January 29, 2014

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HouseIntro Referral

Introduced in House

May 14, 2013

HouseIntro Referral

Referred to the Committee on Ways and Means, and in addition to the Committees on the Judiciary, and Energy and Commerce, 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.

May 14, 2013

HouseCommittee

Referred to the Subcommittee on Health.

May 17, 2013

HouseCommittee

Referred to the Subcommittee on Health.

June 3, 2013

HouseCommittee

Referred to the Subcommittee on the Constitution and Civil Justice.

June 14, 2013

HouseCommittee

Subcommittee on the Constitution and Civil Justice Discharged.

January 14, 2014

HouseCommittee

Committee Consideration and Mark-up Session Held.

January 15, 2014

HouseCommittee

Ordered to be Reported by the Yeas and Nays: 22 - 12.

January 15, 2014

HouseCommittee

Reported by the Committee on Judiciary. H. Rept. 113-332, Part I.

January 23, 2014

HouseFloor

Rules Committee Resolution H. Res. 465 Reported to House. The resolution provides for consideration of H.R. 7, under a closed rule with one hour of debate on the bill. The resolution provides that an amendment in the nature of a substitute consisting of the text of Rules Committee Print 113-33 shall be considered as adopted. Also the rule provides for consideration of the conference report to accompany H.R. 2642.

January 27, 2014 • 10:30 PM

HouseFloor

Rule H. Res. 465 passed House.

January 28, 2014 • 3:03 PM

HouseFloor

Considered under the provisions of rule H. Res. 465. (consideration: CR H1459-1472)

January 28, 2014 • 3:12 PM

HouseFloor

The resolution provides for consideration of H.R. 7, under a closed rule with one hour of debate on the bill. The resolution provides that an amendment in the nature of a substitute consisting of the text of Rules Committee Print 113-33 shall be considered as adopted. Also the rule provides for consideration of the conference report to accompany H.R. 2642.

January 28, 2014 • 3:12 PM

HouseFloor

DEBATE - The House proceeded with one hour of debate on H.R. 7.

January 28, 2014 • 3:13 PM

HouseFloor

The previous question was ordered pursuant to the rule. (consideration: CR H1470)

January 28, 2014 • 4:29 PM

HouseFloor

Ms. Moore moved to recommit with instructions to Judiciary. (consideration: CR H1470; text: CR H1470)

January 28, 2014 • 4:30 PM

HouseFloor

DEBATE - The House proceeded with 10 minutes of debate on the Moore motion to recommit with instructions, pending the reservation of a point of order. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to add language to the bill prohibiting authorization of any party to violate the medical privacy of any woman with respect to her choice of or use of comprehensive health insurance coverage. The reservation of a point of order was subsequently withdrawn.

January 28, 2014 • 4:30 PM

HouseFloor

The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H1471)

January 28, 2014 • 4:39 PM

HouseFloor

On motion to recommit with instructions Failed by the Yeas and Nays: 192 - 221, 1 Present (Roll no. 29). (consideration: CR H1471)

January 28, 2014 • 5:05 PM

HouseFloor

Passed/agreed to in House: On passage Passed by the Yeas and Nays: 227 - 188, 1 Present (Roll no. 30).

January 28, 2014 • 5:13 PM

HouseFloor

On passage Passed by the Yeas and Nays: 227 - 188, 1 Present (Roll no. 30).

January 28, 2014 • 5:13 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

January 28, 2014 • 5:13 PM

SenateIntro Referral

Received in the Senate and Read twice and referred to the Committee on Finance.

January 29, 2014

Floor Debate

22 members

What members said about H.R. 7 on the floor

11 Republicans11 Democrats
Louise McIntosh Slaughter
Rep. Louise McIntosh SlaughterD-NY-25 · Jan 28, 2014

Madam Speaker, I appreciate the gentlewoman yielding me the customary 30 minutes, and I yield myself such time as I may consume. I will attach extraneous material to this part of my speech since we…

Eleanor Holmes Norton
Rep. Eleanor Holmes NortonD-DC · May 17, 2013

I thank you, Mr. Speaker. I come to the floor to discuss a bill addressed only to my district, the District of Columbia, which will come to a hearing next Thursday in the Judiciary Subcommittee on…

Virginia Foxx
Rep. Virginia FoxxR-NC-5 · Jan 28, 2014

Madam Speaker, by direction of the Committee on Rules, I call up House Resolution 465 and ask for its immediate consideration. Madam Speaker, I claim time in opposition to the point of order and in…

James P. McGovern
Rep. James P. McGovernD-MA-2 · Jan 28, 2014

Madam Speaker, I raise a point of order against House Resolution 465 because the resolution violates section 426(a) of the Congressional Budget Act. The resolution--in waiving all points of order…

Rosa L. DeLauro
Rep. Rosa L. DeLauroD-CT-3 · Jan 28, 2014

Madam Speaker, I thank the gentleman from Massachusetts, and I thank him for his dedication and his passion on this issue that people in the United States of America should not go hungry. I rise in…

Show 8 more
Christopher H. Smith
Rep. Christopher H. SmithR-NJ-4 · Jan 28, 2014

Madam Speaker, I thank my good friend for yielding. I want to thank Virginia Foxx for her extraordinary leadership on behalf of the weakest and the most vulnerable among us. Madam Speaker, because…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Jan 28, 2014

Madam Speaker, I ask unanimous consent to insert my statement into the Record in support of extending unemployment insurance for 1.6 million Americans instead of this radical Republican assault on…

Marsha Blackburn
Rep. Marsha BlackburnR-TN-7 · Jan 28, 2014

Madam Speaker, pursuant to House Resolution 465, I call up the bill (H.R. 7) to prohibit taxpayer funded abortions, and ask for its immediate consideration in the House. Madam Speaker, I ask…

Christopher H. Smith
Rep. Christopher H. SmithR-NJ-4 · Jan 15, 2014

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks and include extraneous material on the subject of our Special Order.…

Andy Harris
Rep. Andy HarrisR-MD-1 · Jan 15, 2014

Mr. Speaker, we are here tonight on the 41st anniversary of ROE v. WADE. And put simply, my colleague from Tennessee said, the science is just wrong. ROE v. WADE, the decision, they just got it…

Bill Huizenga
Rep. Bill HuizengaR-MI-2 · Jan 15, 2014

I appreciate the gentleman from New Jersey and the leadership that he has provided all of us in the Pro-Life Caucus. I am looking here at my phone. I wish I could share this on TV with everybody and…

Jeff Fortenberry
Rep. Jeff FortenberryR-NE-1 · Jan 15, 2014

First of all, Mr. Speaker, let me thank my good friend from New Jersey (Mr. Smith) for his tireless leadership on this essential civil rights issue, to protect women and to protect children. Let me…

Joseph Crowley
Rep. Joseph CrowleyD-NY-14 · Jan 28, 2014

Madam Speaker, I yield myself such time as I may consume. When I go home to talk to my constituents back home in Queens and the portions of the Bronx that I represent, there are a lot of issues that…

Show 11 more
Nancy Pelosi
Rep. Nancy PelosiD-CA-12 · Jan 28, 2014

Madam Speaker, I thank the gentlelady for yielding. I commend her for her longstanding and strong support and respect for women, for their judgment, for the size and timing of their families, for…

Niki Tsongas
Rep. Niki TsongasD-MA-3 · Jan 28, 2014

Madam Speaker, I ask unanimous consent to insert my statement into the Record in support of extending unemployment insurance for 1.6 million Americans instead of this radical Republican assault on…

Christopher H. Smith
Rep. Christopher H. SmithR-NJ-4 · Jan 28, 2014

Madam Speaker, I thank my good friend for her leadership and her very eloquent remarks. My friend from New York talked about a narrow agenda and a narrow perspective. More than 60 percent of every…

Daniel Lipinski
Rep. Daniel LipinskiD-IL-3 · Jan 15, 2014

Mr. Speaker, I want to begin by thanking Chairman Smith for all the work that he does, not just on this issue of protecting life of the unborn here in the United States but on human rights around the…

Chris Van Hollen
Rep. Chris Van HollenD-MD-8 · Jan 28, 2014

Madam Speaker, I ask unanimous consent to insert my statement into the Record in support of extending unemployment insurance for 1.6 million Americans instead of this radical Republican assault on…

David P. Roe
Rep. David P. RoeR-TN-1 · Jan 15, 2014

Mr. Speaker, before I begin, I must spend a moment or two talking about Congressman Chris Smith, who has been down here for three decades of his life advocating for life tirelessly. This Nation and…

Robert Pittenger
Rep. Robert PittengerR-NC-9 · Jan 15, 2014

Thank you, Congressman Smith. I am so grateful for your leadership, having known you now for the last 30 years and watched the true commitment that you have for the calls of life. I just appreciate…

Tim Walberg
Rep. Tim WalbergR-MI-7 · Jan 15, 2014

I thank my friend from New Jersey, again, for this opportunity to stand for life. It will be exciting to have the demonstration, and I say that in a positive sense, a demonstration that is going on…

Lois Capps
Rep. Lois CappsD-CA-24 · Jan 28, 2014

Madam Speaker, I yield myself such time as I may consume. I rise to speak in opposition to H.R. 7. H.R. 7 is not based on fact. The Affordable Care Act does not secretly funnel taxpayer dollars to…

Doug Collins
Rep. Doug CollinsR-GA-9 · Jan 28, 2014

Thank you to the gentlelady from North Carolina. Madam Speaker, we stand in this Hall, and many times it is spoken of the history that goes on here and of the things that have been done, and often it…

Randy Hultgren
Rep. Randy HultgrenR-IL-14 · Jan 15, 2014

Thank you, Chairman Smith. Thank you for your incredible work on this issue. I rise today to remember with sadness the 41 years since the Supreme Court's sweeping ROE v. WADE decision. More than 55…

Bill Text

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Referred in SenateIssued January 29, 2014

IIB

113th CONGRESS

2d Session

H. R. 7

IN THE SENATE OF THE UNITED STATES

January 29, 2014

Received; read twice and referred to the Committee on Finance

AN ACT

To prohibit taxpayer funded abortions.

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 2014.

(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.

I

Prohibiting Federally Funded Abortions

101.

Prohibiting taxpayer funded abortions

Title 1, United States Code is amended by adding at the end the following new 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.

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.

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.

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.
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.

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.

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.  

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.

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.

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.

.

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 abortions301

.

II

Application under the Affordable Care Act

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, 2014, 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.

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.

Passed the House of Representatives January 28, 2014.

Karen L. Haas,

Clerk