S. 109Senate116th Congress (2019-2021)Failed

No Taxpayer Funding for Abortion and Abortion Insurance Full Disclosure Act of 2019

Introduced January 10, 2019

AI-Generated Summary

Updated April 14, 2026 at 12:15 AM UTC

The No Taxpayer Funding for Abortion and Abortion Insurance Full Disclosure Act of 2019 would bar the use of any federal money—including Medicaid, Medicare, and other federal trust funds—to pay for abortions or for health‑benefit plans that include abortion coverage. It also changes how the Affordable Care Act’s premium tax credits and cost‑sharing reductions are applied, and it requires clearer disclosure of any abortion coverage or surcharges in health‑plan information. The bill affects federal agencies, health‑insurance issuers, employers that receive ACA subsidies, and individuals enrolling in federally‑subsidized health plans, as well as the District of Columbia.

Key Provisions

  • Adds a new Chapter 4 to Title 1 of the U.S. Code that explicitly prohibits federal funds from being spent on abortions or on health‑benefit plans that cover abortions.
  • Allows individuals, states, or private insurers to offer separate abortion coverage, provided the funding comes entirely from non‑federal sources and is not tied to federal matching funds.
  • Creates exceptions for abortions performed because of rape, incest, or to save the life of the mother, which are not subject to the funding ban.
  • Amends the ACA so that premium tax credits and cost‑sharing reductions cannot be used for plans that include abortion coverage, while still permitting separate abortion coverage if paid with non‑federal money.
  • Requires health‑plan issuers, exchanges, and the Secretary to disclose at enrollment whether a plan covers abortions and to separately disclose any abortion‑related premium surcharge.
  • Directs the ACA’s multi‑state plan contracts to ensure no federally‑funded plan offered on an exchange includes prohibited abortion coverage.
  • Extends the funding prohibition to the District of Columbia by treating its approved budget amounts as federal funds.

Legislative Activity

Stay on top of the latest movement without scrolling through every action

6 earlier actions
SenateFloor Latest Action

Cloture on the motion to proceed to the measure not invoked in Senate by Yea-Nay Vote. 48 - 47. Record Vote Number: 7. (CR S288)

January 17, 2019

View full timeline
SenateIntro Referral

Introduced in Senate

January 10, 2019

SenateCalendars

Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.

January 10, 2019

SenateCalendars

Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 11.

January 11, 2019

SenateFloor

Motion to proceed to consideration of measure made in Senate. (CR S247)

January 16, 2019

SenateFloor

Cloture motion on the motion to proceed presented in Senate. (CR S247-248)

January 16, 2019

SenateFloor

Motion to proceed to measure considered in Senate. (CR S288)

January 17, 2019

SenateFloor

Cloture on the motion to proceed to the measure not invoked in Senate by Yea-Nay Vote. 48 - 47. Record Vote Number: 7. (CR S288)

January 17, 2019

Floor Debate

23 members

What members said about S. 109 on the floor

12 Republicans10 Democrats1 Independent
Ron Wyden
Sen. Ron WydenD-OR · Jan 16, 2019

Mr. President, I come to the floor today to discuss the nomination of William Barr to be Attorney General. Today, I want to make clear that I will be opposed to this nomination for several reasons. I…

Tim Kaine
Sen. Tim KaineD-VA · Jan 11, 2019

Mr. President, I rise to talk about the significance of today, January 11, the 21st day of the partial government shutdown. Today, we tie for the longest shutdown in the history of the U.S.…

Chris Van Hollen
Sen. Chris Van HollenD-MD · Jan 11, 2019

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, today marks the 21st day of the government shutdown, an unnecessary and shameful government…

Angus S. King Jr.
Sen. Angus S. King Jr.I-ME · Jan 11, 2019

Mr. President, I first want to make a single declarative sentence: There is no one in this body who is for open borders. One of the most troublesome aspects of this debate that has been framed,…

James M. Inhofe
Sen. James M. InhofeR-OK · Jan 16, 2019

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, more than 100,000 people and families will join together in the March for Life in Washington…

Show 8 more
Chuck Grassley
Sen. Chuck GrassleyR-IA · Jan 16, 2019

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, tax filing season is just around the corner. This has never been anyone's favorite time of the…

Richard J. Durbin
Sen. Richard J. DurbinD-IL · Jan 16, 2019

Madam President, last Saturday was a historic day in Springfield, IL, my hometown. It was the biggest snowfall in one day in our city's history. I spent that Saturday not shaking hands with my…

Lisa Murkowski
Sen. Lisa MurkowskiR-AK · Jan 11, 2019

Mr. President, I have listened to some of the remarks from my colleague from Maine. I appreciate so much of what he has said, the reminder to us all to be acting in good faith here. I would like to…

John Cornyn
Sen. John CornynR-TX · Jan 16, 2019

Mr. President, yesterday the Senate Judiciary Committee began to hear witnesses on the nomination of Bill Barr to be the next Attorney General of the United States. We heard first, of course, from…

Deb Fischer
Sen. Deb FischerR-NE · Jan 16, 2019

Mr. President, I rise today in support of the thousands of people who will travel to our Nation's Capital this week to join us in the March for Life. Marching proudly among them will be many, many…

Dan Sullivan
Sen. Dan SullivanR-AK · Jan 17, 2019

Mr. President, a couple of days ago I came to the floor to talk about the partial government shutdown, how it is impacting different parts of my State--the Great State of Alaska--and, in particular,…

Mazie K. Hirono
Sen. Mazie K. HironoD-HI · Jan 11, 2019

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, this shutdown is not a negotiation situation. This is a hostage situation. For the past 3 weeks,…

Susan M. Collins
Sen. Susan M. CollinsR-ME · Jan 16, 2019

Mr. President, government shutdowns are never the answer. No matter how difficult the problem, we should never resort to shutting down government. It harms too many innocent Federal employees--in…

Show 11 more
Tom Udall
Sen. Tom UdallD-NM · Jan 17, 2019

Senator Kaine is yielding to me to talk about the Interior Department in the bill. Let me just thank him for his vigilance. When we have 800,000 Federal employees across this country and their…

Roy Blunt
Sen. Roy BluntR-MO · Jan 16, 2019

Mr. President, I want to thank Senator Ernst for yielding and for her leadership in these issues. All of us here today are here at a time when thousands of people from around the country, including…

John Barrasso
Sen. John BarrassoR-WY · Jan 16, 2019

Mr. President, following the September 11, 2001, attacks on the United States, the National Institutes of Health, which is the Nation's medical research Agency in Bethesda, MD, needed to secure its…

Jeff Merkley
Sen. Jeff MerkleyD-OR · Jan 16, 2019

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, I was just over in the Russell Senate Office Building, and a group of freshmen from the House…

Elizabeth Warren
Sen. Elizabeth WarrenD-MA · Jan 16, 2019

Mr. President, today is the 26th day of the longest government shutdown in American history. Weeks ago, the Senate voted unanimously to keep the government open. The House has now passed multiple…

Tim Kaine
Sen. Tim KaineD-VA · Jan 17, 2019

Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of Calendar No. 5, H.R. 21, making appropriations for the fiscal year ending September 30, 2019. I…

Richard Burr
Sen. Richard BurrR-NC · Jan 16, 2019

Mr. President, I also mourn Herb's loss. It is odd that I would be here to protect his ability to have that cigarette in his mouth as he was negotiating. I rise today to discuss the recent…

Richard Blumenthal
Sen. Richard BlumenthalD-CT · Jan 16, 2019

Mr. President, I am honored to follow the Senator, our neighbor from across the country. We share a common interest and commitment to one of the great military services in this country, the U.S.…

Todd Young
Sen. Todd YoungR-IN · Jan 17, 2019

Mr. President, I rise to talk about an issue that is very important to my constituents in my State of Indiana. It is also an issue that is very close to my heart--the sanctity of life. Tomorrow we…

Roger F. Wicker
Sen. Roger F. WickerR-MS · Jan 16, 2019

On the Senator from Iowa's time, let me join her and the Senator from Missouri, and I associate myself with their remarks and their support, not only for the March for Life, which will occur on…

Maria Cantwell
Sen. Maria CantwellD-WA · Jan 16, 2019

Mr. President, I come to the floor to join my colleagues who were speaking earlier today about the many U.S. citizens who are Federal employees who are impacted by the shutdown. Coast Guard PO2…

Bill Text

Latest available legislative text

Reading Mode
Latest
Placed on Calendar SenateIssued January 11, 2019

II

Calendar No. 11

116th CONGRESS

1st Session

S. 109

IN THE SENATE OF THE UNITED STATES

January 10, 2019

Mr. Wicker (for himself, Mr. Roberts, Mr. Lankford, Mr. Daines, Mrs. Hyde-Smith, Mr. Risch, Mr. Barrasso, Mr. Blunt, Mrs. Blackburn, Mr. Rubio, Mr. Braun, Mr. Inhofe, Mr. Cotton, Mr. Isakson, Mr. Romney, Mr. Lee, Mr. Moran, Ms. Ernst, Mr. Kennedy, Mr. Crapo, Mr. Perdue, Mr. Cassidy, Mr. Thune, and Mr. Hawley) introduced the following bill; which was read the first time

January 11, 2019

Read the second time and placed on the calendar

A BILL

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 2019.

(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, 2019, 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.

January 11, 2019

Read the second time and placed on the calendar