H.R. 7House114th Congress (2015-2017)Passed House

No Taxpayer Funding for Abortion and Abortion Insurance Full Disclosure Act of 2015

Introduced January 21, 2015

Legislative Activity

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18 earlier actions
SenateIntro Referral Latest Action

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

January 26, 2015

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HouseIntro Referral

Introduced in House

January 21, 2015

HouseCommittee

Referred to the Subcommittee on the Constitution and Civil Justice.

January 21, 2015

HouseIntro Referral

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.

January 21, 2015

HouseFloor

Rules Committee Resolution H. Res. 42 Reported to House. Rule provides for consideration of H.R. 7 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments.

January 21, 2015 • 10:01 PM

HouseCommittee

Subcommittee on the Constitution and Civil Justice Discharged.

January 22, 2015

HouseFloor

Rule H. Res. 42 passed House.

January 22, 2015 • 11:05 AM

HouseFloor

Considered under the provisions of rule H. Res. 42. (consideration: CR H494-511)

January 22, 2015 • 11:09 AM

HouseFloor

Rule provides for consideration of H.R. 7 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments.

January 22, 2015 • 11:09 AM

HouseFloor

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

January 22, 2015 • 11:09 AM

HouseFloor

The previous question was ordered pursuant to the rule. (consideration: CR H509)

January 22, 2015 • 12:33 PM

HouseFloor

Ms. Moore moved to recommit with instructions to the Committee on the Judiciary. (consideration: CR H509-510; text: CR H509)

January 22, 2015 • 12:33 PM

HouseFloor

DEBATE - The House proceeded with 10 minutes of debate on the Moore motion to recommit with instructions, pending reservation of a point order. The instructions contained in the motion seek to report the same back to the House forthwith with an amendment to clarify that no one is permitted to violate the medical privacy of any woman, including victims of rape and incest, with respect to her choice of or use of comprehensive health insurance coverage. Subsequently, the reservation of a point of order was withdrawn.

January 22, 2015 • 12:34 PM

HouseFloor

The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H510)

January 22, 2015 • 12:44 PM

HouseFloor

On motion to recommit with instructions Failed by the Yeas and Nays: 177 - 240 (Roll no. 44).

January 22, 2015 • 1:09 PM

HouseFloor

Passed/agreed to in House: On passage Passed by recorded vote: 242 - 179 (Roll no. 45).(text: CR H494-495)

January 22, 2015 • 1:16 PM

HouseFloor

On passage Passed by recorded vote: 242 - 179 (Roll no. 45). (text: CR H494-495)

January 22, 2015 • 1:16 PM

HouseFloor

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

January 22, 2015 • 1:16 PM

HouseCommittee

Referred to the Subcommittee on Health.

January 22, 2015

SenateIntro Referral

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

January 26, 2015

Floor Debate

24 members

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

11 Republicans13 Democrats
Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Jan 22, 2015

Madam Speaker, I ask unanimous consent to insert my statement in the Record that the House should vote for bigger paychecks and better infrastructure instead of attacking women's access to health…

Diana DeGette
Rep. Diana DeGetteD-CO-1 · Jan 22, 2015

Thank you very much. Madam Speaker, I am going to state this as simply as I can. There is no public funding for abortion. Whether you like it or not, the Hyde amendment, which has been the law of…

Keith J. Rothfus
Rep. Keith J. RothfusR-PA-12 · Jan 22, 2015

I rise in support of H.R. 7, the No Taxpayer Funding for Abortion and Abortion Insurance Full Disclosure Act. Madam Speaker, we know from science that everyone's life begins at conception. The right…

Virginia Foxx
Rep. Virginia FoxxR-NC-5 · Jan 22, 2015

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 42 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only, I yield the customary 30…

Louise McIntosh Slaughter
Rep. Louise McIntosh SlaughterD-NY-25 · Jan 22, 2015

Mr. Speaker, I thank the gentlewoman for yielding me the customary 30 minutes, and I yield myself such time as I may consume. Mr. Speaker, down the hall in the old House Chamber stands Clio, Muse of…

Show 8 more
Christopher H. Smith
Rep. Christopher H. SmithR-NJ-4 · Jan 22, 2015

Madam Speaker, I thank my friend for yielding and for her leadership, and for reminding us that this bill passed the House last year in identical form. The only thing changed are the dates, because…

Joseph R. Pitts
Rep. Joseph R. PittsR-PA-16 · Jan 22, 2015

Madam Speaker, pursuant to House Resolution 42, 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 unanimous…

Jerrold Nadler
Rep. Jerrold NadlerD-NY-10 · Jan 22, 2015

Madam Speaker, I ask unanimous consent to insert my statement in the Record that the House should vote for bigger paychecks and better infrastructure instead of attacking women's access to health…

Marsha Blackburn
Rep. Marsha BlackburnR-TN-7 · Jan 22, 2015

I want to thank the gentlewoman from North Carolina for her diligence and efforts on this issue. Madam Speaker, I think we all are pleased to have so many of our constituents in town today who are…

Gwen Moore
Rep. Gwen MooreD-WI-4 · Jan 22, 2015

Madam Speaker, I have a motion to recommit at the desk. Yes, Madam Speaker. I am opposed to it in its current form. Madam Speaker, this is the final amendment to the bill, and it will not kill the…

Daniel T. Kildee
Rep. Daniel T. KildeeD-MI-5 · Jan 22, 2015

Madam Speaker, I thank my colleague for yielding. Let me first say something about the process that we are engaged in. We have heard just in the last few weeks--and even as we opened this…

Barbara Lee
Rep. Barbara LeeD-CA-13 · Jan 22, 2015

Let me thank the gentlewoman for yielding and also for being very vigilant in protecting women, women's right to privacy, and alerting us as to the dangers in this very terrible rule and terrible…

Carolyn B. Maloney
Rep. Carolyn B. MaloneyD-NY-12 · Jan 22, 2015

I thank the gentlewoman from the great State of New York for her extraordinary leadership on the Rules Committee and in so many areas for this country and our State. I rise today in strong opposition…

Show 11 more
Sam Farr
Rep. Sam FarrD-CA-20 · Jan 22, 2015

Madam Speaker, this bill is simply outrageous. It was bad enough that the Majority brought to the floor H.R. 36 outside the regular order. But the Majority had to pull that bill when the women in…

Ann Wagner
Rep. Ann WagnerR-MO-2 · Jan 22, 2015

I thank the gentleman for yielding, and I thank him for his leadership on this very, very important issue. Madam Speaker, I rise today in support of life. Today is a very joyous and hopeful day on…

Debbie Wasserman Schultz
Rep. Debbie Wasserman SchultzD-FL-23 · Jan 22, 2015

Madam Speaker, I rise today in strong opposition to the No Taxpayer Funding for Abortion Act, a bill falsely advertised as pro-family and supporting American values. If they actually care about…

Bob Goodlatte
Rep. Bob GoodlatteR-VA-6 · Jan 22, 2015

Madam Speaker, however stark Americans' difference of opinion can be on the matter of abortion generally, there has been long, bipartisan agreement that Federal taxpayer funds should not be used to…

Ileana Ros-Lehtinen
Rep. Ileana Ros-LehtinenR-FL-27 · Jan 22, 2015

Madam Speaker, I thank the gentlelady for yielding. I also want to thank Mr. Smith and my colleagues and all who are in Washington, D.C., participating in the March for Life for their unwavering…

Mike Kelly
Rep. Mike KellyR-PA-3 · Jan 22, 2015

I thank the gentleman. Madam Speaker, make no mistake about what this debate is about. H.R. 7 codifies that no taxpayer money would be given for abortions. But the real debate on the floor today is…

Doug LaMalfa
Rep. Doug LaMalfaR-CA-1 · Jan 22, 2015

I thank the gentleman for yielding. Madam Speaker, today, I am glad to be a Californian who is in favor of H.R. 7, the No Taxpayer Funding for Abortion Act. Indeed, we have heard some interesting…

Steve Chabot
Rep. Steve ChabotR-OH-1 · Jan 22, 2015

I thank the gentleman for yielding. Madam Speaker, a little while ago, a number of my colleagues from the other side of the aisle came down and made, I believe, the ludicrous allegation that this…

John Conyers, Jr.
Rep. John Conyers, Jr.D-MI-13 · Jan 22, 2015

Madam Speaker, I rise in strong opposition to H.R. 7, the so-called No Taxpayer Funding for Abortion Act. Today, on the 42nd anniversary of Roe v. Wade, the majority is launching yet another attack…

Steve Cohen
Rep. Steve CohenD-TN-9 · Jan 22, 2015

Madam Speaker, I, too, am against this bill for I am for a woman's right to choice. This bill is the second bill that has been brought in the last few days to show the Republican side's intent to…

Jackie Speier
Rep. Jackie SpeierD-CA-14 · Jan 22, 2015

Madam Speaker, I ask unanimous consent to insert my statement in the Record that instead of attacking women's access to health care, this House should vote for bigger paychecks for women and better…

Bill Text

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Referred in SenateIssued January 26, 2015

IIB

114th CONGRESS

1st Session

H. R. 7

IN THE SENATE OF THE UNITED STATES

January 26, 2015

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 2015.

(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, 2015, 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 22, 2015.

Karen L. Haas,

Clerk