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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1400 Introduced in Senate (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.
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>
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