First introduced in 2010, the No Taxpayer Funding for Abortion Act would place in permanent law a consistent federal policy restricting the funding and promotion of abortion. On January 9 of 2014, a House committee held a hearing on the measure. In his testimony Richard Doerflinger, Associate Director of the Secretariat of Pro-Life Activities at the U.S. Conference of Catholic Bishops, noted that Congress’s policy against public funding of abortion has been remarkably consistent for decades, but the implementation of the policy in practice “has been piecemeal, confusing and sometimes sadly inadequate.” The Affordable Care Act (ACA) “contains at least four different policies on this issue,” and developments since enactment reveal ways it allows expanded federal support for abortion. The No Taxpayer Funding for Abortion Act would correct these problems. In a letter sent to House Members in 2014, Cardinal Seán O’Malley, chairman of the bishops’ Committee on Pro-Life Activities, stated that this measure “will write into permanent law a policy on which there has been strong popular and congressional agreement for over 37 years: The federal government should not use its funding power to support and promote elective abortion, and should not force taxpayers to subsidize this violence.” See: www.usccb.org/about/pro-life-activities/upload/cardinal-omalley-letter-to-congress-in-support-of-hr-7-jan-28-2014.pdf.
Introduced in late 2013, the Abortion Insurance Full Disclosure Act clarifies rules on notice to be given under the Affordable Care Act (ACA) with regard to abortion coverage and abortion payments in qualified health care plans. In general, any coverage of abortion “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. . . .” In such notices, abortion surcharges “shall also be disclosed and identified separately.” In letters to Congress, Cardinal Seán O’Malley, chairman of the bishops’ Committee on Pro-Life Activities, urged Members to support the measure. By requiring health plans to report on their abortion coverage and on the extra payment they charge for the coverage, Americans will be enabled “to make an informed choice of a health plan for themselves and their families that does not violate their moral and religious convictions.” Cardinal O’Malley concluded, “Any claim of ‘choice’ is empty if the law conceals the facts needed to make that choice.” See: www.usccb.org/issues-and-action/human-life-and-dignity/abortion/upload/Cdl-OMalley-Abortion-Insurance-Disclosure-Bill_11-1-13.pdf.
On January 28, 2014, after joining these two measures into one bill, the U.S. House of Representatives approved the No Taxpayer Funding for Abortion and Abortion Insurance Full Disclosure Act (H.R. 7), 227-yes, 188-no, 1-present (Roll Call 30). By the end of the 113th Congress, the Senate had not taken action on the House-passed H.R. 7 or on the corresponding two separate Senate bills (S. 946, S. 1848).
House: On January 21, 2015, Rep. Chris Smith (R-NJ) introduced the No Taxpayer Funding for Abortion and Abortion Insurance Full Disclosure Act of 2015 (H.R. 7).
Committee: On the same day, the House Rules Committee approved a rule (H. Res. 42) for floor consideration.
Floor: On January 22, 2015, the House passed the No Taxpayer Funding for Abortion and Abortion Insurance Full Disclosure Act of 2015 (H.R. 7), 242-yes, 179-no, 12-not voting (Roll Call 45).
The focus now turns to the Senate.
Also see in this Legislative Report, “Coverage for Abortion Extensive under the Affordable Care Act.”