Protecting Life in Crisis Act

II 117TH CONGRESS 1ST SESSION S. 87 To prohibit the expenditure for an abortion of Federal funds authorized or appropriated for preventing, preparing for, or responding to the COVID–19 pandemic, and for other purposes. IN THE SENATE OF THE UNITED STATES JANUARY 28, 2021 Mr. MARSHALL (for himself, Mr. INHOFE, Mr. ROUNDS, Mr. DAINES, Mrs. BLACKBURN, Mr. TILLIS, Mr. BRAUN, Mr. PAUL, and Mr. MORAN) intro- duced the following bill; which was read twice and referred to the Com- mittee on Finance A BILL To prohibit the expenditure for an abortion of Federal funds authorized or appropriated for preventing, preparing for, or responding to the COVID–19 pandemic, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Protecting Life in Cri- 4 sis Act’’. 5 VerDate Sep 11 2014 19:07 Feb 09, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S87.IS S87 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 87 IS SEC. 2. PROHIBITING THE EXPENDITURE OF COVID–19 1 FUNDING FOR ANY ABORTION. 2 (a) PROHIBITIONS.— 3 (1) IN GENERAL.—No funds authorized or ap- 4 propriated by Federal law for the purpose of pre- 5 venting, preparing for, or responding to the COVID– 6 19 pandemic, domestically or internationally, and 7 none of the funds in any trust fund to which funds 8 are authorized or appropriated by Federal law for 9 such purpose, shall be expended for any abortion. 10 (2) SPECIFIED HEALTH BENEFITS COV- 11 ERAGE.—None of the funds authorized or appro- 12 priated by Federal law for the purpose described in 13 subsection (a), and none of the funds in any trust 14 fund to which funds are authorized or appropriated 15 by Federal law for such purpose, shall be expended 16 for, nor shall any credit for such purpose be allowed 17 under the internal revenue laws with respect to, cov- 18 erage under a qualified health plan offered through 19 an Exchange established pursuant to title I of the 20 Patient Protection and Affordable Care Act, 21 COBRA continuation coverage, or any other cov- 22 erage, if such coverage includes coverage of abortion. 23 (3) DEFINITION.—In this section, the term 24 ‘‘COBRA continuation coverage’’ means continu- 25 ation coverage provided pursuant to part 6 of sub- 26 VerDate Sep 11 2014 19:07 Feb 09, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S87.IS S87 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 87 IS title B of title I of the Employee Retirement Income 1 Security Act of 1974 (29 U.S.C. 1161 et seq.) 2 (other than under section 609 of such Act), title 3 XXII of the Public Health Service Act (42 U.S.C. 4 300bb–1 et seq.), section 4980B of the Internal Rev- 5 enue Code of 1986 (other than subsection (f)(1) of 6 such section insofar as it relates to pediatric vac- 7 cines), or section 8905a of title 5, United States 8 Code, or under a State program that provides com- 9 parable continuation coverage. Such term does not 10 include coverage under a health flexible spending ar- 11 rangement under a cafeteria plan within the mean- 12 ing of section 125 of the Internal Revenue Code of 13 1986. 14 (b) TREATMENT OF ABORTIONS RELATED TO RAPE, 15 INCEST, OR PRESERVING THE LIFE OF THE MOTHER.— 16 The limitations established in subsection (a) shall not 17 apply to an abortion— 18 (1) if the pregnancy is the result of an act of 19 rape or incest; or 20 (2) in the case where a woman suffers from a 21 physical disorder, physical injury, or physical illness, 22 including a life-endangering physical condition 23 caused by or arising from the pregnancy itself, that 24 VerDate Sep 11 2014 19:07 Feb 09, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S87.IS S87 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 87 IS would, as certified by a physician, place the woman 1 in danger of death unless an abortion is performed. 2 (c) RULE OF CONSTRUCTION.—Nothing in this Act 3 may be construed to require a plan or coverage described 4 in subsection (a) to provide coverage of any abortion. 5 Æ VerDate Sep 11 2014 19:07 Feb 09, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S87.IS S87 pamtmann on DSKBC07HB2PROD with BILLS