[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2624 Introduced in House (IH)]
106th CONGRESS
1st Session
H. R. 2624
To protect women's reproductive health and constitutional right to
choice, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 27, 1999
Mrs. Lowey (for herself, Mr. Shays, Mr. Wexler, Ms. DeLauro, Ms.
Millender-McDonald, Ms. Woolsey, Ms. Norton, Mrs. Maloney of New York,
Mr. Olver, Mr. McDermott, Mr. Abercrombie, Mr. Towns, Mr. Waxman, Mr.
Nadler, Mr. Moran of Virginia, Mrs. Mink of Hawaii, Mr. DeFazio, Mr.
Stark, Mr. Dixon, Mr. Sanders, Mr. Frank of Massachusetts, Mr. Berman,
Mr. Filner, Mr. Frost, Mr. Thompson of California, Ms. Pelosi, Mr.
Baird, Ms. DeGette, Ms. Lee, Ms. Waters, Ms. Schakowsky, and Mr.
Hinchey) introduced the following bill; which was referred to the
Committee on Commerce, and in addition to the Committees on the
Judiciary, Education and the Workforce, Armed Services, and Government
Reform, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
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.
Sec. 2. Findings.
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. 111. Short title.
Sec. 112. Findings.
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.
Congress finds that--
(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--
(A) SelectCare;
(B) Personal CaresHMO;
(C) Care Choices;
(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.
<all>