S 1400 IS
106th CONGRESS
1st Session
S. 1400
To protect women's reproductive health and constitutional right to
choice, and for other purposes.
IN THE SENATE OF THE UNITED STATES
July 20, 1999
Mrs. BOXER (for herself, Mrs. MURRAY, Mr. KENNEDY, Mr. LAUTENBERG, and Mr.
SCHUMER) introduced the following bill; which was read twice and referred to the
Committee on Health, Education, Labor, and Pensions
A BILL
To protect women's reproductive health and constitutional right to
choice, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE- This Act may be cited as the `Family Planning and Choice
Protection Act of 1999'.
(b) TABLE OF CONTENTS- The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I--PREVENTION
Subtitle A--Family Planning
Sec. 101. Family planning amendments.
Sec. 102. Freedom of full disclosure.
Subtitle B--Prescription Equity and Contraceptive Coverage
Sec. 113. Amendments to the Employee Retirement Income Security Act of
1974.
Sec. 114. Amendments to the Public Health Service Act relating to the
group market.
Sec. 115. Amendment to the Public Health Service Act relating to the
individual market.
Sec. 116. FEHBP coverage.
Subtitle C--Emergency Contraceptives
Sec. 121. Emergency contraceptive education.
TITLE II--CHOICE PROTECTION
Sec. 201. Medicaid funding for abortion services.
Sec. 202. Clinic violence.
Sec. 203. Approval of RU-486.
Sec. 204. Freedom of choice.
Sec. 205. Fairness in insurance.
Sec. 206. Reproductive rights of women in the military.
Sec. 207. Repeal of certain State Child Health Insurance Program
limitations.
Sec. 208. Funding for certain services for women in prison.
Sec. 209. Funding for certain services for women in the District of
Columbia.
Sec. 210. Funding for certain services for women under the FEHBP.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Reproductive rights are central to the ability of women to exercise
full enjoyment of rights secured to women by Federal and State law.
(2) Abortion has been a legal and constitutionally protected medical
procedure throughout the United States since 1973 and has become part of
mainstream medical practice as is evidenced by the positions of medical
institutions including the American Medical Association, the American
College of Obstetricians and Gynecologists, the American Medical Women's
Association, the American Nurses Association, and the American Public Health
Association.
(3) The availability of abortion services is diminishing throughout the
United States, as evidenced by--
(A) the fact that 86 percent of counties in the United States have no
abortion provider; and
(B) the fact that, between 1992 and 1996, the number of abortion
providers decreased by 14 percent.
(4)(A) The Department of Health and Human Services and the Institute of
Medicine of the National Academy of Sciences have contributed to the
development of a report entitled `Healthy People 2000', which urges that the
rate of unintended pregnancy in the United States be reduced by nearly 50
percent by the year 2000.
(B) Nearly 50 percent, or approximately 3,050,000, of all pregnancies in
the United States each year are unintended, resulting in 1,370,000 abortions
in the United States each year.
(C) The provision of family planning services, including emergency
contraception, is a cost-effective way of reducing the number of unintended
pregnancies and abortions in the United States.
TITLE I--PREVENTION
Subtitle A--Family Planning
SEC. 101. FAMILY PLANNING AMENDMENTS.
Section 1001(d) of the Public Health Service Act (42 U.S.C. 300(d)) is
amended to read as follows:
`(d) For the purpose of making grants and entering into contracts under
this section, there are authorized to be appropriated $500,000,000 for each of
fiscal years 2000 through 2004.'.
SEC. 102. FREEDOM OF FULL DISCLOSURE.
Title XI of the Civil Rights Act of 1964 (42 U.S.C. 2000h et seq.) is
amended by adding at the end the following:
`SEC. 1107. INFORMATION ABOUT AVAILABILITY OF REPRODUCTIVE HEALTH CARE
SERVICES.
`(a) DEFINITION- As used in this section, the term `governmental
authority' means any authority of the United States.
`(b) GENERAL AUTHORITY- Notwithstanding any other provision of law, no
governmental authority shall, in or through any program or activity that is
administered or assisted by such authority and that provides health care
services or information, limit the right of any person to provide, or the
right of any person to receive, nonfraudulent information about the
availability of reproductive health care services, including family planning,
prenatal care, adoption, and abortion services.'.
Subtitle B--Prescription Equity and Contraceptive Coverage
SEC. 111. SHORT TITLE.
This subtitle may be cited as the `Equity in Prescription Insurance and
Contraceptive Coverage Act of 1999'.
SEC. 112. FINDINGS.
(1) each year, 3,000,000 pregnancies, or one half of all pregnancies, in
this country are unintended;
(2) contraceptive services are part of basic health care, allowing
families to both adequately space desired pregnancies and avoid unintended
pregnancy;
(3) studies show that contraceptives are cost effective: for every $1 of
public funds invested in family planning, $4 to $14 of public funds is saved
in pregnancy and health care-related costs;
(4) by reducing rates of unintended pregnancy, contraceptives help
reduce the need for abortion;
(5) unintended pregnancies lead to higher rates of infant mortality,
low-birth weight, and maternal morbidity, and threaten the economic
viability of families;
(6) the National Commission to Prevent Infant Mortality determined that
`infant mortality could be reduced by 10 percent if all women not desiring
pregnancy used contraception';
(7) most women in the United States, including three-quarters of women
of childbearing age, rely on some form of private insurance (through their
own employer, a family member's employer, or the individual market) to
defray their medical expenses;
(8) the vast majority of private insurers cover prescription drugs, but
many exclude coverage for prescription contraceptives;
(9) private insurance provides extremely limited coverage of
contraceptives: half of traditional indemnity plans and preferred provider
organizations, 20 percent of point-of-service networks, and 7 percent of
health maintenance organizations cover no contraceptive methods other than
sterilization;
(10) women of reproductive age spend 68 percent more than men on
out-of-pocket health care costs, with contraceptives and reproductive health
care services accounting for much of the difference;
(11) the lack of contraceptive coverage in health insurance places many
effective forms of contraceptives beyond the financial reach of many women,
leading to unintended pregnancies;
(12) the Institute of Medicine Committee on Unintended Pregnancy
recommended that `financial barriers to contraception be reduced by
increasing the proportion of all health insurance policies that cover
contraceptive services and supplies';
(13) in 1998, Congress agreed to provide contraceptive coverage to the
2,000,000 women of reproductive age who are participating in the Federal
Employees Health Benefits Program, the largest employer-sponsored health
insurance plan in the world; and
(14) eight in 10 privately insured adults support contraceptive
coverage.
SEC. 113. AMENDMENTS TO THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF
1974.
(a) IN GENERAL- Subpart B of part 7 of subtitle B of title I of the
Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185 et seq.) is
amended by adding at the end the following new section:
`SEC. 714. STANDARDS RELATING TO BENEFITS FOR CONTRACEPTIVES.
`(a) REQUIREMENTS FOR COVERAGE- A group health plan, and a health
insurance issuer providing health insurance coverage in connection with a
group health plan, may not--
`(1) exclude or restrict benefits for prescription contraceptive drugs
or devices approved by the Food and Drug Administration, or generic
equivalents approved as substitutable by the Food and Drug Administration,
if such plan provides benefits for other outpatient prescription drugs or
devices; or
`(2) exclude or restrict benefits for outpatient contraceptive services
if such plan provides benefits for other outpatient services provided by a
health care professional (referred to in this section as `outpatient health
care services').
`(b) PROHIBITIONS- A group health plan, and a health insurance issuer
providing health insurance coverage in connection with a group health plan,
may not--
`(1) deny to an individual eligibility, or continued eligibility, to
enroll or to renew coverage under the terms of the plan because of the
individual's or enrollee's use or potential use of items or services that
are covered in accordance with the requirements of this section;
`(2) provide monetary payments or rebates to a covered individual to
encourage such individual to accept less than the minimum protections
available under this section;
`(3) penalize or otherwise reduce or limit the reimbursement of a health
care professional because such professional prescribed contraceptive drugs
or devices, or provided contraceptive services, described in subsection (a),
in accordance with this section; or
`(4) provide incentives (monetary or otherwise) to a health care
professional to induce such professional to withhold from a covered
individual contraceptive drugs or devices, or contraceptive services,
described in subsection (a).
`(c) RULES OF CONSTRUCTION-
`(1) IN GENERAL- Nothing in this section shall be construed--
`(A) as preventing a group health plan and a health insurance issuer
providing health insurance coverage in connection with a group health plan
from imposing deductibles, coinsurance, or other cost-sharing or
limitations in relation to--
`(i) benefits for contraceptive drugs under the plan, except that
such a deductible, coinsurance, or other cost-sharing or limitation for
any such drug may not be greater than such a deductible, coinsurance, or
cost-sharing or limitation for any outpatient prescription drug
otherwise covered under the plan;
`(ii) benefits for contraceptive devices under the plan, except that
such a deductible, coinsurance, or other cost-sharing or limitation for
any such device may not be greater than such a deductible, coinsurance,
or cost-sharing or limitation for any outpatient prescription device
otherwise covered under the plan; and
`(iii) benefits for outpatient contraceptive services under the
plan, except that such a deductible, coinsurance, or other cost-sharing
or limitation for any such service may not be greater than such a
deductible, coinsurance, or cost-sharing or limitation for any
outpatient health care
service otherwise covered under the plan; and
`(B) as requiring a group health plan and a health insurance issuer
providing health insurance coverage in connection with a group health plan
to cover experimental or investigational contraceptive drugs or devices,
or experimental or investigational contraceptive services, described in
subsection (a), except to the extent that the plan or issuer provides
coverage for other experimental or investigational outpatient prescription
drugs or devices, or experimental or investigational outpatient health
care services.
`(2) LIMITATIONS- As used in paragraph (1), the term `limitation'
includes--
`(A) in the case of a contraceptive drug or device, restricting the
type of health care professionals that may prescribe such drugs or
devices, utilization review provisions, and limits on the volume of
prescription drugs or devices that may be obtained on the basis of a
single consultation with a professional; or
`(B) in the case of an outpatient contraceptive service, restricting
the type of health care professionals that may provide such services,
utilization review provisions, requirements relating to second opinions
prior to the coverage of such services, and requirements relating to
preauthorizations prior to the coverage of such services.
`(d) NOTICE UNDER GROUP HEALTH PLAN- The imposition of the requirements of
this section shall be treated as a material modification in the terms of the
plan described in section 102(a)(1), for purposes of assuring notice of such
requirements under the plan, except that the summary description required to
be provided under the last sentence of section 104(b)(1) with respect to such
modification shall be provided by not later than 60 days after the first day
of the first plan year in which such requirements apply.
`(e) PREEMPTION- Nothing in this section shall be construed to preempt any
provision of State law to the extent that such State law establishes,
implements, or continues in effect any standard or requirement that provides
protections for enrollees that are greater than the protections provided under
this section.
`(f) DEFINITION- In this section, the term `outpatient contraceptive
services' means consultations, examinations, procedures, and medical services,
provided on an outpatient basis and related to the use of contraceptive
methods (including natural family planning) to prevent an unintended
pregnancy.'.
(b) CLERICAL AMENDMENT- The table of contents in section 1 of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1001 note) is amended by
inserting after the item relating to section 713 the following new item:
`Sec. 714. Standards relating to benefits for contraceptives.'.
(c) EFFECTIVE DATE- The amendments made by this section shall apply with
respect to plan years beginning on or after January 1, 2000.
SEC. 114. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT RELATING TO THE GROUP
MARKET.
(a) IN GENERAL- Subpart 2 of part A of title XXVII of the Public Health
Service Act (42 U.S.C. 300gg-4 et seq.) is amended by adding at the end the
following new section:
`SEC. 2707. STANDARDS RELATING TO BENEFITS FOR CONTRACEPTIVES.
`(a) REQUIREMENTS FOR COVERAGE- A group health plan, and a health
insurance issuer providing health insurance coverage in connection with a
group health plan, may not--
`(1) exclude or restrict benefits for prescription contraceptive drugs
or devices approved by the Food and Drug Administration, or generic
equivalents approved as substitutable by the Food and Drug Administration,
if such plan provides benefits for other outpatient prescription drugs or
devices; or
`(2) exclude or restrict benefits for outpatient contraceptive services
if such plan provides benefits for other outpatient services provided by a
health care professional (referred to in this section as `outpatient health
care services').
`(b) PROHIBITIONS- A group health plan, and a health insurance issuer
providing health insurance coverage in connection with a group health plan,
may not--
`(1) deny to an individual eligibility, or continued eligibility, to
enroll or to renew coverage under the terms of the plan because of the
individual's or enrollee's use or potential use of items or services that
are covered in accordance with the requirements of this section;
`(2) provide monetary payments or rebates to a covered individual to
encourage such individual to accept less than the minimum protections
available under this section;
`(3) penalize or otherwise reduce or limit the reimbursement of a health
care professional because such professional prescribed contraceptive drugs
or devices, or provided contraceptive services, described in subsection (a),
in accordance with this section; or
`(4) provide incentives (monetary or otherwise) to a health care
professional to induce such professional to withhold from covered individual
contraceptive drugs or devices, or contraceptive services, described in
subsection (a).
`(c) RULES OF CONSTRUCTION-
`(1) IN GENERAL- Nothing in this section shall be construed--
`(A) as preventing a group health plan and a health insurance issuer
providing health insurance coverage in connection with a group health plan
from imposing deductibles, coinsurance, or other cost-sharing or
limitations in relation to--
`(i) benefits for contraceptive drugs under the plan, except that
such a deductible, coinsurance, or other cost-sharing or limitation for
any such drug may not be greater than such a deductible, coinsurance, or
cost-sharing or limitation for any outpatient prescription drug
otherwise covered under the plan;
`(ii) benefits for contraceptive devices under the plan, except that
such a deductible, coinsurance, or other cost-sharing or limitation for
any such device may not be greater than such a deductible, coinsurance,
or cost-sharing or limitation for any outpatient prescription device
otherwise covered under the plan; and
`(iii) benefits for outpatient contraceptive services under the
plan, except that such a deductible, coinsurance, or other cost-sharing
or limitation for any such service may not be greater than such a
deductible, coinsurance, or cost-sharing or limitation for any
outpatient health care service otherwise covered under the plan;
and
`(B) as requiring a group health plan and a health insurance issuer
providing health insurance coverage in connection with a group health plan
to cover experimental or investigational contraceptive drugs or devices,
or experimental or investigational contraceptive services, described in
subsection (a), except to the extent that the plan or issuer provides
coverage for other experimental or investigational outpatient prescription
drugs or devices, or experimental or investigational outpatient health
care services.
`(2) LIMITATIONS- As used in paragraph (1), the term `limitation'
includes--
`(A) in the case of a contraceptive drug or device, restricting the
type of health care professionals that may prescribe such drugs or
devices, utilization review provisions, and limits on the volume of
prescription drugs or devices that may be obtained on the basis of a
single consultation with a professional; or
`(B) in the case of an outpatient contraceptive service, restricting
the type of health care professionals that may provide such services,
utilization review provisions, requirements relating to second opinions
prior to the coverage of such services, and requirements relating to
preauthorizations prior to the coverage of such services.
`(d) NOTICE- A group health plan under this part shall comply with the
notice requirement under section 714(d) of the Employee Retirement Income
Security Act of 1974 with respect to the requirements of this section as if
such section applied to such plan.
`(e) PREEMPTION- Nothing in this section shall be construed to preempt any
provision of State law to the extent that such State law establishes,
implements, or continues in effect any standard or requirement that provides
protections for enrollees that are greater than the protections provided under
this section.
`(f) DEFINITION- In this section, the term `outpatient contraceptive
services' means consultations, examinations, procedures, and medical services,
provided on an outpatient basis and related to the use of contraceptive
methods (including natural family planning) to prevent an unintended
pregnancy.'.
(b) EFFECTIVE DATE- The amendments made by this section shall apply with
respect to group health plans for plan years beginning on or after January 1,
2000.
SEC. 115. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT RELATING TO THE
INDIVIDUAL MARKET.
(a) IN GENERAL- Part B of title XXVII of the Public Health Service Act (42
U.S.C. 300gg-41 et seq.) is amended--
(1) by redesignating the first subpart 3 (relating to other
requirements) as subpart 2; and
(2) by adding at the end of subpart 2 the following new section:
`SEC. 2753. STANDARDS RELATING TO BENEFITS FOR CONTRACEPTIVES.
`The provisions of section 2707 shall apply to health insurance coverage
offered by a health insurance issuer in the individual market in the same
manner as they apply to health insurance coverage offered by a health
insurance issuer in connection with a group health plan in the small or large
group market.'.
(b) EFFECTIVE DATE- The amendment made by this section shall apply with
respect to health insurance coverage offered, sold, issued, renewed, in
effect, or operated in the individual market on or after January 1, 2000.
SEC. 116. FEHBP COVERAGE.
(a) PROHIBITION- No Federal funds may be used to enter into or renew a
contract which includes a provision providing prescription drug coverage
unless the contract also includes a provision for contraceptive coverage.
(b) LIMITATION- Nothing in this section shall apply to a contract
with--
(1) any of the following religious plans--
(D) OSF Health Plans, Inc.;
(E) Yellowstone Community Health Plan; and
(2) any existing or future plan, if the plan objects to such coverage on
the basis of religious beliefs.
(c) REFUSAL TO PRESCRIBE- In implementing this section, any plan that
enters into or renews a contract under this section may not subject any
individual to discrimination on the basis that the individual refuses to
prescribe contraceptives because such activities would be contrary to the
individual's religious beliefs or moral convictions.
Subtitle C--Emergency Contraceptives
SEC. 121. EMERGENCY CONTRACEPTIVE EDUCATION.
(a) DEFINITION- In this section:
(1) EMERGENCY CONTRACEPTIVE- The term `emergency contraceptive' means a
drug or device (as the terms are defined in section 201 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 321)) that is designed--
(A) to be used after sexual relations; and
(B) to prevent pregnancy, by preventing ovulation, fertilization of an
egg, or implantation of an egg in a uterus.
(2) HEALTH CARE PROVIDER- The term `health care provider' means anyone
licensed or certified under State law to provide health care services who is
operating within the scope of such license.
(3) INSTITUTION OF HIGHER EDUCATION- The term `institution of higher
education' has the meaning given the term in section 1201(a) of the Higher
Education Act of 1965 (20 U.S.C. 1141(a)).
(b) EMERGENCY CONTRACEPTIVE PUBLIC EDUCATION PROGRAM-
(1) IN GENERAL- The Secretary of Health and Human Services, acting
through the Director of the Centers for Disease Control, shall develop and
disseminate to the public information on emergency contraceptives.
(2) DEVELOPMENT AND DISSEMINATION- The Secretary may develop and
disseminate the information directly or through arrangements with nonprofit
organizations, consumer groups, institutions of higher education, Federal,
State, or local agencies, and clinics.
(3) INFORMATION- The information shall include, at a minimum,
information describing emergency contraceptives, and explaining the use,
effects, efficacy, and availability of the contraceptives.
(c) EMERGENCY CONTRACEPTIVE INFORMATION PROGRAM FOR HEALTH CARE
PROVIDERS-
(1) IN GENERAL- The Secretary of Health and Human Services, acting
through the Administrator of the Health Resources and Services
Administration, shall develop and disseminate to health care providers
information on emergency contraceptives.
(2) INFORMATION- The information shall include, at a minimum--
(A) information describing the use, effects, efficacy and availability
of the contraceptives;
(B) a recommendation from the Secretary regarding the use of the
contraceptives in appropriate cases; and
(C) information explaining how to obtain copies of the information
developed under subsection (b), for distribution to the patients of the
providers.
(d) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be
appropriated to carry out this section $5,000,000 for the period consisting of
fiscal years 2000 through 2002.
TITLE II--CHOICE PROTECTION
SEC. 201. MEDICAID FUNDING FOR ABORTION SERVICES.
Sections 508 and 509 of the Departments of Labor, Health and Human
Services, and Education, and Related Agencies Appropriations Act, 1999 (Public
Law 105-277) are repealed.
SEC. 202. CLINIC VIOLENCE.
(a) FINDINGS- Congress makes the following findings:
(1) Federal resources are necessary to ensure that women have safe
access to reproductive health facilities and that health professionals can
deliver services in a secure environment free from violence and threats of
force.
(2) It is necessary and appropriate to use Federal resources to combat
the nationwide campaign of violence and harassment against reproductive
health centers.
(3) The Congress should support further increasing Federal resources to
fully ensure the safety of health professionals, center staff, and all women
using reproductive health center services and the family members of such
persons.
(b) NATIONAL TASK FORCE ON VIOLENCE AGAINST HEALTH CARE PROVIDERS-
(1) ESTABLISHMENT- There is established within the Department of Justice
a task force to be known as the `Task Force on Violence Against Health Care
Providers' (referred to in this subsection as the `Task Force').
(2) COMPOSITION- The Task Force shall be composed of at least 1
individual to be appointed by the Attorney General from each of the
following:
(A) The Bureau of Alcohol, Tobacco and Firearms.
(B) The Federal Bureau of Investigation.
(C) The United States Marshal Service.
(D) The United States Postal Service.
(E) The Civil Rights Division of the Department of Justice.
(F) The Criminal Division of the Department of Justice.
(3) POWERS AND DUTIES- The Task Force shall--
(A) coordinate investigative, prosecutorial and enforcement efforts of
Federal, State and local governments in cases related to violence at
reproductive health care facilities and violence against health care
providers;
(B) under the direction of the Attorney General, conduct security
assessments for reproductive health care facilities; and
(C) provide training for local law enforcement to appropriately
address incidences of violence against reproductive health care facilities
and provide methodologies for assessing risks and promoting security at
reproductive health care facilities.
(4) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be
appropriated $2,000,000 for each fiscal year to carry out this
subsection.
(c) GRANTS FOR CLINIC SECURITY-
(1) IN GENERAL- The Office of Justice Programs within the Department of
Justice shall award grants to reproductive health care facilities to enable
such facilities to enhance security and to purchase and install security
devices.
(2) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be
appropriated, $5,000,000 for each of fiscal years 2000 through 2004 to carry
out this subsection.
SEC. 203. APPROVAL OF RU-486.
The Secretary of Health and Human Services shall--
(1) ensure that a decision by the Food and Drug Administration to
approve the drug called Mifepristone or RU-486 shall be made only on the
basis provided in law; and
(2) assess initiatives by which the Department of Health and Human
Services can promote the testing, licensing, and manufacturing in the United
States of the drug or other antiprogestins.
SEC. 204. FREEDOM OF CHOICE.
(a) FINDINGS- Congress finds the following:
(1) The 1973 Supreme Court decision in Roe v. Wade, 410 U.S. 113 (1973)
established constitutionally based limits on the power of States to restrict
the right of a woman to choose to terminate a pregnancy. Under the strict
scrutiny standard enunciated in the Roe v. Wade decision, States were
required to demonstrate that laws restricting the right of a woman to choose
to terminate a pregnancy were the least restrictive means available to
achieve a compelling State interest. Since 1992, the Supreme Court has no
longer applied the strict scrutiny standard in reviewing challenges to the
constitutionality of State laws restricting such rights.
(2) As a result of modifications made by the Supreme Court of the strict
scrutiny standard enunciated in the Roe v. Wade decision, certain States
have restricted the right of women to choose to terminate a pregnancy or to
utilize some forms of contraception, and the restrictions operate
cumulatively to--
(A)(i) increase the number of illegal or medically less safe
abortions, often resulting in physical impairment, loss of reproductive
capacity, or death to the women involved;
(ii) burden interstate and international commerce by forcing women to
travel from States in which legal barriers render contraception or
abortion unavailable or unsafe to other States or foreign
nations;
(iii) interfere with freedom of travel between and among the various
States;
(iv) burden the medical and economic resources of States that continue
to provide women with access to safe and legal abortion; and
(v) interfere with the ability of medical professionals to provide
health services;
(B) obstruct access to and use of contraceptive and other medical
techniques that are part of interstate and international
commerce;
(C) discriminate between women who are able to afford interstate and
international travel and women who are not, a disproportionate number of
whom belong to racial or ethnic minorities; and
(D) infringe on the ability of women to exercise full enjoyment of
rights secured to women by Federal and State law, both statutory and
constitutional.
(3) Although Congress may not by legislation create constitutional
rights, Congress may, where authorized by a constitutional provision
enumerating the powers of Congress and not prohibited by a constitutional
provision, enact legislation to create and secure statutory rights in areas
of legitimate national concern.
(4) Congress has the affirmative power under section 8 of article I of
the Constitution and under section 5 of the 14th amendment to the
Constitution to enact legislation to prohibit State interference with
interstate commerce, liberty, or equal protection of the laws.
(b) PURPOSE- The purpose of this section is to establish, as a statutory
matter, limitations on the power of a State to restrict the freedom of a woman
to terminate a pregnancy in order to achieve the same limitations on State
action as were provided, as a constitutional matter, under the strict scrutiny
standard of review enunciated in the Roe v. Wade decision.
(c) DEFINITION- As used in this section, the term `State' includes the
District of Columbia, the Commonwealth of Puerto Rico, and each other
territory or possession of the United States.
(d) GENERAL AUTHORITY- A State--
(1) may not restrict the freedom of a woman to choose whether or not to
terminate a pregnancy before fetal viability;
(2) may restrict the freedom of a woman to choose whether or not to
terminate a pregnancy after fetal viability unless such a termination is
necessary to preserve the life or health of the woman; and
(3) may impose requirements on the performance of abortion procedures if
such requirements are medically necessary to protect the health of women
undergoing such procedures.
(e) RULES OF CONSTRUCTION- Nothing in this section shall be construed
to--
(1) prevent a State from promulgating regulations to protect unwilling
individuals or private health care institutions from being required to
participate in the performance of abortions to which the individuals or
institutions are conscientiously opposed;
(2) prevent a State from promulgating regulations to permit the State to
decline to pay for the performance of abortions; or
(3) prevent a State from promulgating regulations to require a minor to
involve a parent, guardian, or other responsible adult before terminating a
pregnancy;
so long as such regulations meet constitutional standards.
SEC. 205. FAIRNESS IN INSURANCE.
Notwithstanding any other provision of law, no Federal law shall be
construed to prohibit a health plan from offering coverage for the full range
of reproductive health care services, including abortion services.
SEC. 206. REPRODUCTIVE RIGHTS OF WOMEN IN THE MILITARY.
Section 1093 of title 10, United States Code, is amended--
(1) in subsection (a), by inserting before the period the following: `or
in a case in which the pregnancy involved is the result of an act of rape or
incest or the abortion involved is medically necessary or
appropriate';
(2) by striking subsection (b); and
(3) by adding at the end the following:
`(b) ABORTIONS IN FACILITIES OVERSEAS- Subsection (a) does not limit the
performing of an abortion in a facility of the uniformed services located
outside the 48 contiguous States of the United States if--
`(1) the cost of performing the abortion is fully paid from a source or
sources other than funds available to the Department of Defense;
`(2) abortions are not prohibited by the laws of the jurisdiction where
the facility is located; and
`(3) the abortion would otherwise be permitted under the laws applicable
to the provision of health care to members and former members of the
uniformed services and their dependents in such facility.'.
SEC. 207. REPEAL OF CERTAIN STATE CHILD HEALTH INSURANCE PROGRAM
LIMITATIONS.
(a) IN GENERAL- Section 2105(c) of the Social Security Act (42 U.S.C.
1397ee(c)) is amended--
(1) in paragraph (1), by striking `, and any health' and all that
follows through `incest'; and
(2) by striking paragraph (7).
(b) CHILD HEALTH ASSISTANCE- Section 2110(a)(16) of the Social Security
Act (42 U.S.C. 1397jj(a)(16)) is amended by striking `only if' and all that
follows and inserting `services;'.
SEC. 208. FUNDING FOR CERTAIN SERVICES FOR WOMEN IN PRISON.
Sections 103 and 104 of title I of the Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations Act, 1999
(Public Law 105-277) are repealed.
SEC. 209. FUNDING FOR CERTAIN SERVICES FOR WOMEN IN THE DISTRICT OF
COLUMBIA.
Section 131 of the District of Columbia Appropriations Act, 1999 (Public
Law 105-277) is repealed.
SEC. 210. FUNDING FOR CERTAIN SERVICES FOR WOMEN UNDER THE FEHBP.
Sections 509 and 510 of the Treasury and General Government Appropriations
Act, 1999 (Public Law 105-277) are repealed.
END