[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8049 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 8049
To amend the Internal Revenue Code of 1986 to prohibit treatment of
certain distributions and reimbursements for certain abortions as
qualified medical expenses.
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IN THE HOUSE OF REPRESENTATIVES
April 17, 2024
Mr. Mooney (for himself, Mr. Rosendale, Mr. Duncan, Mrs. Miller of
Illinois, Mr. Crenshaw, Mr. Gosar, Mr. Good of Virginia, and Mr.
Webster of Florida) introduced the following bill; which was referred
to the Committee on Ways and Means
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A BILL
To amend the Internal Revenue Code of 1986 to prohibit treatment of
certain distributions and reimbursements for certain abortions as
qualified medical expenses.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Life in Health Savings
Accounts Act''.
SEC. 2. DISTRIBUTIONS FOR CERTAIN ABORTIONS NOT QUALIFIED.
(a) HSAs.--
(1) In general.--Subparagraph (A) of section 223(d)(2) of
the Internal Revenue Code of 1986 is amended by adding at the
end the following: ``Such term shall not include any amount
paid for an abortion (other than an excluded abortion).''.
(2) Excluded abortion.--Section 223(d)(2) of such Code is
amended by adding at the end the following new subparagraph:
``(E) Excluded abortion.--For purposes of this
paragraph, the term `excluded abortion' means any
abortion--
``(i) with respect to a pregnancy that is
the result of an act of rape or incest, or
``(ii) with respect to which the woman
suffers from a physical disorder, physical
injury, or physical illness, including a life-
endangering physical condition caused by or
arising from the pregnancy itself, that would,
as certified by a physician, place the woman in
danger of death unless the abortion is
performed.''.
(b) Archer MSAs.--Subparagraph (A) of section 220(d)(2) of the
Internal Revenue Code of 1986 is amended by adding at the end the
following: ``Such term shall not include any amount paid for an
abortion (other than an excluded abortion (as defined in section
223(d)(2)(E))).''.
(c) Health Flexible Spending Arrangements and Health Reimbursement
Arrangements.--Section 106 of the Internal Revenue Code of 1986 is
amended by adding at the end the following new subsection:
``(h) Prohibition on Reimbursements for Abortions.--For purposes of
this section and section 105, reimbursement for expenses incurred for
an abortion (other than an excluded abortion (as defined in section
223(d)(2)(E))) shall not be treated as a reimbursement for medical
expenses.''.
(d) Retiree Health Accounts.--Section 401(h) of the Internal
Revenue Code of 1986 is amended by inserting ``(other than an expense
for an abortion (other than an excluded abortion (as defined in section
223(d)(2)(E)))'' after ``sickness, accident, hospitalization, and
medical expenses'' in the matter preceding paragraph (1).
(e) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to amounts paid
with respect to taxable years beginning after December 31,
2024.
(2) Reimbursements.--The amendment made by subsection (c)
shall apply to expenses incurred with respect to taxable years
beginning after December 31, 2024.
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