[Congressional Record Volume 167, Number 41 (Thursday, March 4, 2021)]
[Senate]
[Page S1209]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 974. Mr. BRAUN submitted an amendment intended to be proposed to 
amendment SA 891 proposed by Mr. Schumer to the bill H.R. 1319, to 
provide for reconciliation pursuant to title II of S. Con. Res. 5; 
which was ordered to lie on the table; as follows:

       At the end of section 9501, insert the following:
       (c) Prohibition on Funding for Abortions.--
       (1) In general.--Notwithstanding any of the previous 
     provisions of (including amendments made by) this section, 
     with respect to any COBRA continuation coverage that includes 
     coverage for abortions (other than any abortion or treatment 
     described in paragraph (2) or (3)), the provisions of 
     subsection (a)(1), including through application of 
     subsection (a)(4), shall not apply, premiums shall not be 
     payable under subsection (a), and a credit under section 6432 
     of the Internal Revenue Code of 1986 shall not be allowed.
       (2) Construction relating to complications arising from 
     abortion.--Nothing in paragraph (1) shall be construed to 
     apply to any coverage for the treatment of any infection, 
     injury, disease, or disorder that has been caused by or 
     exacerbated by the performance of an abortion. This rule of 
     construction shall be applicable without regard to whether 
     the abortion was performed in accord with Federal or State 
     law, and without regard to whether funding for the abortion 
     is permissible under paragraph (3).
       (3) Treatment of abortions related to rape, incest, or 
     preserving the life of the mother.--The limitations 
     established under paragraph (1) shall not apply to an 
     abortion--
       (A) if the pregnancy is the result of an act of rape or 
     incest; or
       (B) 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 
     itself.
       (4) Separate abortion coverage or plan allowed.--
       (A) Option to purchase separate coverage or plan.--Nothing 
     in paragraph (1) shall be construed as prohibiting any 
     individual from purchasing separate coverage for abortions 
     described in such paragraph, or a health plan that includes 
     such abortions, so long as no premium assistance or credit is 
     allowed pursuant to this section, including amendments made 
     by this section, with respect to the premiums for such 
     coverage or plan.
       (B) Option to offer coverage or plan.--Nothing in paragraph 
     (1) shall restrict any non-Federal health insurance issuer 
     offering a health plan from offering separate coverage for 
     abortions described in such paragraph, 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 premium assistance or credit allowed 
     pursuant to this section, including amendments made by this 
     section.
       (5) Offering identical coverage option.--Notwithstanding 
     any COBRA continuation provision, an issuer that offers COBRA 
     continuation coverage that includes coverage of an abortion 
     (other than an abortion or treatment described in paragraph 
     (2) or (3)) shall also offer under the COBRA continuation 
     provisions the same COBRA continuation coverage, except 
     without inclusion of such coverage of abortion.
                                 ______