S.Amdt. 974

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.
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