Smith Bill Sparks Debate on Tax Breaks During House Judiciary Subcommittee Hearing

February 9, 2011 — House Democrats and Republicans on Tuesday during a House Judiciary Subcommittee on the Constitution hearing focused their debate on a provision in a bill (HR 3) introduced by Rep. Chris Smith (R-N.J.) that would remove tax breaks for companies and individuals who purchase insurance policies that include abortion coverage, CQ HealthBeat reports (Adams, CQ HealthBeat, 2/8). The bill, titled the No Taxpayer Funding for Abortion Act, also would codify restrictions on federal funding for abortion, currently renewed each year in appropriations legislation, that prohibit the use of such funds except in cases of rape, incest or when a woman's life is threatened by continuing a pregnancy (Women's Health Policy Report, 2/8).

Asked by reporters on Tuesday about the bills, House Majority Leader Eric Cantor (R-Va.) said Republicans are doing what the voters want, and that prohibiting federal funding of abortion is consistent with GOP efforts to control spending, the Wall Street Journal reports. However, Donna Crane, policy director at NARAL Pro-Choice America, said the bill goes beyond banning public funding of abortion. "The ramifications of deciding that the tax code is 'public funding' are huge and completely wrong," she said (Bendavid, Wall Street Journal, 2/9).

Proponents of the bill say tax breaks provided to companies or individuals who purchase health insurance are equivalent to a government subsidy and, therefore, equal to federal funding of abortion if such care is covered. Critics of the bill say the measure could altogether end health insurers' coverage of abortion because it would limit the number of private policies providing abortion coverage, CQ HealthBeat reports. Sara Rosenbaum, health policy chair at the George Washington University School of Public Health and Health Services, said if employers stop buying insurance that includes abortion coverage, insurers would have less incentive to sell such policies. She added that the bill would be difficult to implement and for the IRS to enforce (CQ HealthBeat, 2/8).

The House Energy and Commerce Health Subcommittee will consider a second antiabortion bill on Wednesday and hold a markup on Friday. Introduced by subcommittee Chair Joe Pitts (R-Pa.), the bill would amend the federal health reform law (PL 111-148) to restrict private insurance coverage of abortion services in plans sold through health care exchanges. Abortion-rights groups say a modified version of the bill would allow hospitals to deny abortion care in situations when a woman's life may be in danger because it allows hospitals to refuse to provide care as required under the 1986 Emergency Medical Treatment and Active Labor Act (Women's Health Policy Report, 2/8). The committee is expected to approve the bill on Friday (CQ HealthBeat, 2/8).

A third bill (HR217) introduced by Rep. Mike Pence (R-Ind.) that would make organizations that offer abortion services with their own funds ineligible for federal Title X grants, which fund family planning and other preventive health services, is expected to surface later this year, the Roll Call reports (Ackley, Roll Call, 2/8).

Senate Democrats Fear Republican Legislative Maneuvering

Meanwhile, Senate Democrats are bracing for the possibility that the House Republican majority will use legislative maneuvering to force a floor vote on abortion legislation by attaching the bills as "riders to must-pass legislation," The Hill reports. Although Democrats have the majority in the Senate, Republicans proved their ability to push votes on challenging issues when they forced a vote on a bill to repeal the health care reform law, according to The Hill.

Sen. Barbara Boxer (D-Calif.) predicted that Republicans would try to force a vote on antiabortion measures, adding that she and other Senators are "going to be working on many fronts" to block any abortion bills from reaching the chamber (Millman, The Hill, 2/8). Boxer said she believes the Senate has the 41 votes necessary to block legislation that would restrict federal funding for abortions, Politico reports (Toeplitz, Politico, 2/8).

Advocates Mobilize To Support, Oppose Bills

Planned Parenthood this week is launching a national effort to derail the three abortion bills, Roll Call reports. The group is encouraging its national network of supporters to call or e-mail their members of Congress, and its local affiliates are setting up district meetings with congressional staff. "The House leadership is clearly out of touch with the American people, as they are continuing to focus on legislation that takes away health care women have instead of focusing on jobs and the economy," Cecile Richards, president of the Planned Parenthood Federation of America, said, adding, "The objective of these bills is to undermine women's access to health care."

Antiabortion-rights groups also are mobilizing their advocacy networks in order to support the bills. "We are working on a petition and grass-roots campaign," David Christensen, senior director of congressional affairs for the Family Research Council, said, adding, "We have been connecting with members of Congress and are focused on the hearings" scheduled in the House this week" (Roll Call, 2/8).