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) introduced the following bill; which was read twice and referred to the Committee 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Protecting Life in Cri5 sis Act’’. 


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•S 87 IS

1 SEC. 2. PROHIBITING THE EXPENDITURE OF COVID–19 

2 FUNDING FOR ANY ABORTION. 

3 (a) PROHIBITIONS.— 

4 (1) IN GENERAL.—No funds authorized or ap5 propriated by Federal law for the purpose of pre6 venting, preparing for, or responding to the COVID– 

7 19 pandemic, domestically or internationally, and 

8 none of the funds in any trust fund to which funds 

9 are authorized or appropriated by Federal law for 

10 such purpose, shall be expended for any abortion. 

11 (2) SPECIFIED HEALTH BENEFITS COV12 ERAGE.—None of the funds authorized or appro13 priated by Federal law for the purpose described in 

14 subsection (a), and none of the funds in any trust 

15 fund to which funds are authorized or appropriated 

16 by Federal law for such purpose, shall be expended 

17 for, nor shall any credit for such purpose be allowed 

18 under the internal revenue laws with respect to, cov19 erage under a qualified health plan offered through 

20 an Exchange established pursuant to title I of the 

21 Patient Protection and Affordable Care Act, 

22 COBRA continuation coverage, or any other cov23 erage, if such coverage includes coverage of abortion. 

24 (3) DEFINITION.—In this section, the term 

25 ‘‘COBRA continuation coverage’’ means continu26 ation coverage provided pursuant to part 6 of subVerDate Sep 11 2014 19:07 Feb 09, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S87.IS S87

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1 title B of title I of the Employee Retirement Income 

2 Security Act of 1974 (29 U.S.C. 1161 et seq.) 

3 (other than under section 609 of such Act), title 

4 XXII of the Public Health Service Act (42 U.S.C. 

5 300bb–1 et seq.), section 4980B of the Internal Rev6 enue Code of 1986 (other than subsection (f)(1) of 

7 such section insofar as it relates to pediatric vac8 cines), or section 8905a of title 5, United States 

9 Code, or under a State program that provides com10 parable continuation coverage. Such term does not 

11 include coverage under a health flexible spending ar12 rangement under a cafeteria plan within the mean13 ing of section 125 of the Internal Revenue Code of 

14 1986. 

15 (b) TREATMENT OF ABORTIONS RELATED TO RAPE, 

16 INCEST, OR PRESERVING THE LIFE OF THE MOTHER.— 

17 The limitations established in subsection (a) shall not 

18 apply to an abortion— 

19 (1) if the pregnancy is the result of an act of 

20 rape or incest; or 

21 (2) in the case where a woman suffers from a 

22 physical disorder, physical injury, or physical illness, 

23 including a life-endangering physical condition 

24 caused by or arising from the pregnancy itself, that 


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1 would, as certified by a physician, place the woman 

2 in danger of death unless an abortion is performed. 

3 (c) RULE OF CONSTRUCTION.—Nothing in this Act 

4 may be construed to require a plan or coverage described 

5 in subsection (a) to provide coverage of any abortion. 

Æ 


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