No Taxpayer Funding for Abortion and Abortion Insurance Full Disclosure Act of 2021 (H.R. 18; 117th Congress)/Title I

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117th congress (2021-2022)

3607066H.R. 18 Title I2021Christopher Henry Smith

Sec. 101. PROHIBITING TAXPAYER FUNDED ABORTIONS.

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

“CHAPTER 4—PROHIBITING TAXPAYER FUNDED ABORTIONS


Ҥ 301. Prohibition on funding for abortions

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“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.


Ҥ 302. Prohibition on funding for health benefits plans that cover abortion

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“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.


Ҥ 303. Limitation on Federal facilities and employees

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“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.


Ҥ 304. Construction relating to separate coverage

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“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.


Ҥ 305. Construction relating to the use of non-Federal funds for health coverage

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“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.


Ҥ 306. Non-preemption of other Federal laws

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“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.


Ҥ 307. Construction relating to complications arising from abortion

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“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.


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“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.

Ҥ 309. Application to District of Columbia

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“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 an 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.

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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”.