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


SWMissourian

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Senator Madison, for himself and with thanks to Representative Smith, introduced the following bill:
AN ACT

To prohibit taxpayer funded abortions.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, 

 

SECTION 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.
Sec. 101. Prohibiting taxpayer funded abortions.
Sec. 102. Amendment to table of chapters.
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.

 

SEC. 101. PROHIBITING TAXPAYER FUNDED ABORTIONS.

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


“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.”.

 

SEC. 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 abortions ........................................... 
301”.



 

SEC. 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.

 

SEC. 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.

Christopher Drake

Republican, NY-2

Speaker of the United States House of Representatives

Former Chief Administrator - Rounds 4 & 5, Evil Arch-Conservative, Frequent Republican Player

 

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Mr. President, 

The good Senator from Colorado has been pushing for bills he wants by citing popular support for them. Well, Mr. President, banning taxpayer funding for abortions enjoys a very strong majority in the court of public opinion, as I’ve previously pointed out. Therefore, in hope of getting the Senate Minority Leader’s blessing, I motion for unanimous consent. 

I yield. 

Christopher Drake

Republican, NY-2

Speaker of the United States House of Representatives

Former Chief Administrator - Rounds 4 & 5, Evil Arch-Conservative, Frequent Republican Player

 

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Mr. President, 

 

I rise in complete and utter disgust in this majority’s  war on women and the poor in this country. Title II of this legislation makes it possible to discriminate against women based on their income. The ACA is in place to create insurance security for those that need it most and the changes that this majority proposed does the exact opposite. These are women that our need assistance the most and it is despicable that this majority is willing to tell these women you aren’t rich enough to have an abortion. That they must carry to term a pregnancy because their employer does not offer an abortion alternative insurance. This legislation is deeming to all the women in this country and it is not worthy of this hollowed chamber. 

 

I yield in disgust. 

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Mr. President, 

Here is a Plain English Summary: 

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

TITLE I--PROHIBITING FEDERALLY FUNDED ABORTIONS

(Sec. 101) This bill prohibits federal funds, including funds in the budget of the District of Columbia, from being expended for abortion or health coverage that includes coverage of abortion. Abortions are eligible for federal funding only in cases of rape or incest, or where a physical condition endangers a woman's life unless an abortion is performed. Currently, federal funding of abortion and health coverage that includes abortion is prohibited, with the same exceptions.

Health care provided in a federal health care facility or by a federal employee may not include abortions that are ineligible for federal funding.

TITLE II--APPLICATION UNDER THE AFFORDABLE CARE ACT

(Sec. 201) This bill amends the Internal Revenue Code to disallow premium assistance tax credits or health insurance tax credits for qualified health plans that cover abortions ineligible for federal funding.

This bill amends the Patient Protection and Affordable Care Act to require the Office of Personnel Management to ensure that multi-state qualified health plans offered on health insurance exchanges do not cover abortions ineligible for federal funding.

(Sec. 202) A qualified health plan's coverage of abortion must be disclosed to enrollees at the time of enrollment and must be prominently displayed in marketing materials, comparison tools, or any summary of benefits and coverage made available by the plan issuer, a health insurance exchange, or the Department of Health and Human Services. The amount of a plan's premium that is attributable to coverage of abortions ineligible for federal funding must be disclosed in material where the premium is disclosed.

I yield. 

Christopher Drake

Republican, NY-2

Speaker of the United States House of Representatives

Former Chief Administrator - Rounds 4 & 5, Evil Arch-Conservative, Frequent Republican Player

 

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Mr. President, 

I might point out that this hill is bipartisan, and enjoys wide support among the American public. Not only that, but it enjoyed much support here in Washington only a few years ago. Let’s stop pushing the radical abortion agenda on Americans. 

I yield. 

Christopher Drake

Republican, NY-2

Speaker of the United States House of Representatives

Former Chief Administrator - Rounds 4 & 5, Evil Arch-Conservative, Frequent Republican Player

 

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Mr. President

I thank the gentleman from Missouri for his PES. I also take note of his use of Publix opinion and would like to offer the following amendment to section 101.

”§ 301 APPLICABILITY

Nothing in this act shall apply to abortions in the first 3 months of pregnancy.”

I yield

William C. Motter D-CO-02 (Boulder, Fort Collins, Broomfield)

 

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Mr. President, 

Bipartisan legislation is one that both parties work together in passing. This legislation was introduced by Republicans, co-sponsored by Republicans, and opposed by Democrats. That doesn’t sound bipartisan to me. Now why is it opposed? It is because this legislation attacks the rights of a women because they receive insurance assistance from the government. This majority would force women to go full term yet will turn right around and make cuts to Medicaid, food stamps, and attempt to repeal the ACA. Senators, you can’t have it both ways. You can’t force low income families to have unwanted pregnancies then act surprised when they turn to us for assistance. This legislation doesn’t do any good for anyone involved. This legislation should not pass this chamber. 

 

I yield. 

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15 minutes ago, Dogslife said:

Mr. President

I thank the gentleman from Missouri for his PES. I also take note of his use of Publix opinion and would like to offer the following amendment to section 101.

”§ 301 APPLICABILITY

Nothing in this act shall apply to abortions in the first 3 months of pregnancy.”

I yield

Mr. President, 

In the interest of making a deal, I shall simply ask one question of the Minority Leader: 

Should this amendment pass, will he vote to advance the legislation to the House?

I yield

Christopher Drake

Republican, NY-2

Speaker of the United States House of Representatives

Former Chief Administrator - Rounds 4 & 5, Evil Arch-Conservative, Frequent Republican Player

 

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Mr. President,

If the gentleman agrees with this amendment then he should vote for it. He should also vote for it if he wants to vote and agree with the majority of Americans who support abortion in the first trimester

I yield

William C. Motter D-CO-02 (Boulder, Fort Collins, Broomfield)

 

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Mr. President, 

What I worry is that we pass this amendment all for naught, because the Minority will still vote it down anyway. 

I yield. 

Christopher Drake

Republican, NY-2

Speaker of the United States House of Representatives

Former Chief Administrator - Rounds 4 & 5, Evil Arch-Conservative, Frequent Republican Player

 

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Mr. President, 

Without an answer to my question, which was asked first, I can’t provide an answer to the Senate Minority Leader. 

I yield. 

Christopher Drake

Republican, NY-2

Speaker of the United States House of Representatives

Former Chief Administrator - Rounds 4 & 5, Evil Arch-Conservative, Frequent Republican Player

 

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Mr. President, 

Firstly, point of order on decorum, no Senator shall refer to his or her colleagues directly in debate. 

More importantly, I already told the Minority Leader that I can’t give him an answer so long as my question is ignored. There is no answer, not yet. Whether or not there can be is up to the Colorado Senator. 

I yield. 

Christopher Drake

Republican, NY-2

Speaker of the United States House of Representatives

Former Chief Administrator - Rounds 4 & 5, Evil Arch-Conservative, Frequent Republican Player

 

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