< Back to H.R. 1232 (112th Congress, 2011–2013)

Text of To amend the Internal Revenue Code of 1986 to eliminate certain tax benefits relating to abortion.

This bill was introduced on March 31, 2011, in a previous session of Congress, but was not enacted. The text of the bill below is as of Apr 6, 2011 (Reported by House Committee).

Source: GPO

IB

Union Calendar No. 27

112th CONGRESS

1st Session

H. R. 1232

[Report No. 112–55]

IN THE HOUSE OF REPRESENTATIVES

March 29, 2011

introduced the following bill; which was referred to the Committee on Ways and Means

April 6, 2011

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

Strike out all after the enacting clause and insert the part printed in italic

For text of introduced bill, see copy of bill as introduced on March 29, 2011


A BILL

To amend the Internal Revenue Code of 1986 to eliminate certain tax benefits relating to abortion.


1.

Deduction for medical expenses not allowed for abortions

(a)

In general

Section 213 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection:

(g)

Amounts paid for abortion not taken into account

(1)

In general

An amount paid during the taxable year for an abortion shall not be taken into account under subsection (a).

(2)

Exceptions

Paragraph (1) shall not apply to—

(A)

an abortion—

(i)

in the case of a pregnancy that is the result of an act of rape or incest, or

(ii)

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, and

(B)

the treatment of any infection, injury, disease, or disorder that has been caused by or exacerbated by the performance of an abortion.

.

(b)

Effective date

The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

2.

Disallowance of refundable credit 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 213(g)(2)).

(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).

.

(c)

Effective date

The amendment made by this section shall apply to taxable years ending after December 31, 2013.

3.

Disallowance of small employer health insurance expense credit for plan which includes coverage for abortion

(a)

In general

Subsection (h) of section 45R of the Internal Revenue Code of 1986 is amended—

(1)

by striking Any term and inserting the following:

(1)

In general

Any term

, and

(2)

by adding at the end the following new paragraph:

(2)

Exclusion of health plans including coverage for abortion

The terms qualified health plan and health insurance coverage shall not include any health plan or benefit that includes coverage for abortions (other than any abortion or treatment described in section 213(g)(2)).

.

(b)

Effective date

The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

4.

Distributions for abortion expenses from certain accounts and arrangements included in gross income

(a)

Flexible spending arrangements under cafeteria plans

Section 125 of the Internal Revenue Code of 1986 is amended by redesignating subsections (k) and (l) as subsections (l) and (m), respectively, and by inserting after subsection (j) the following new subsection:

(k)

Abortion reimbursement from flexible spending arrangement included in gross income

Notwithstanding section 105(b), gross income shall include any reimbursement for expenses incurred for an abortion (other than any abortion or treatment described in section 213(g)(2)) from a health flexible spending arrangement provided under a cafeteria plan. Such reimbursement shall not fail to be a qualified benefit for purposes of this section merely as a result of such inclusion in gross income.

.

(b)

Archer MSAs

Paragraph (1) of section 220(f) of such Code is amended by inserting before the period at the end the following: , except that any such amount used to pay for an abortion (other than any abortion or treatment described in section 213(g)(2)) shall be included in the gross income of such holder.

(c)

HSAs

Paragraph (1) of section 223(f) of such Code is amended by inserting before the period at the end the following: , except that any such amount used to pay for an abortion (other than any abortion or treatment described in section 213(g)(2)) shall be included in the gross income of such beneficiary.

(d)

Effective dates

(1)

FSA reimbursements

The amendment made by subsection (a) shall apply to expenses incurred with respect to taxable years beginning after the date of the enactment of this Act.

(2)

Distributions from savings accounts

The amendments made by subsection (b) and (c) shall apply to amounts paid with respect to taxable years beginning after the date of the enactment of this Act.

April 6, 2011

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed