I 

115TH CONGRESS 

1ST SESSION H. R. 771 

To ensure affordable abortion coverage and care for every woman, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 31, 2017 

Ms. LEE (for herself, Ms. SCHAKOWSKY, Ms. CLARK of Massachusetts, Mr. 

CONNOLLY, Miss RICE of New York, Mr. CUMMINGS, Mr. MEEKS, Mr. 

GRIJALVA, Ms. MOORE, Mr. SMITH of Washington, Ms. NORTON, Ms. 

BONAMICI, Mr. FOSTER, Mr. MOULTON, Mr. QUIGLEY, Ms. WASSERMAN

SCHULTZ, Ms. MCCOLLUM, Ms. PINGREE, Mr. CAPUANO, Mr. KILDEE, 

Mrs. CAROLYN B. MALONEY of New York, Ms. CLARKE of New York, 

Mr. YARMUTH, Mr. NADLER, Mrs. NAPOLITANO, Mr. RYAN of Ohio, Ms. 

MENG, Ms. MICHELLE LUJAN GRISHAM of New Mexico, Mr. ELLISON, 

Mr. LOWENTHAL, Mr. O’ROURKE, Mr. PRICE of North Carolina, Mr. 

TAKANO, Ms. DEGETTE, Mr. DEUTCH, Mr. SCHIFF, Ms. DELBENE, Mr. 

NORCROSS, Mr. GUTIE ́RREZ, Ms. DELAURO, Mrs. WATSON COLEMAN, 

Mr. WELCH, Mr. LEWIS of Georgia, Ms. BROWNLEY of California, Mr. 

CICILLINE, Mr. BLUMENAUER, Ms. TITUS, Ms. CASTOR of Florida, Ms. 

SPEIER, Mr. SERRANO, Mr. TED LIEU of California, Mr. ENGEL, Ms. 

SLAUGHTER, Ms. MATSUI, Mr. TONKO, Mr. AGUILAR, Mr. CLAY, Mr. 

SCOTT of Virginia, Ms. FRANKEL of Florida, Mr. VEASEY, Mr. 

CA ́RDENAS, Mr. DANNY K. DAVIS of Illinois, Mr. KENNEDY, Mr. MCGOVERN, Ms. SA ́NCHEZ, Ms. JUDY CHU of California, Mr. COHEN, Mr. CONYERS, Mr. BEYER, Mr. PERLMUTTER, Ms. ADAMS, Ms. JAYAPAL, Mr. 

SWALWELL of California, Ms. LOFGREN, Mr. HECK, Mrs. LOWEY, Mr. 

HASTINGS, Mr. BERA, Mr. DOGGETT, Mrs. LAWRENCE, Mr. RICHMOND, 

Ms. WILSON of Florida, Mr. KEATING, Mrs. BEATTY, Mr. PAYNE, Mr. 

THOMPSON of California, Mr. SCHNEIDER, Mrs. DAVIS of California, Mr. 

HUFFMAN, Mr. SEAN PATRICK MALONEY of New York, Ms. KELLY of 

Illinois, Mr. KHANNA, Ms. TSONGAS, Mr. MCNERNEY, Mr. 

BUTTERFIELD, Mr. POCAN, Ms. ESTY, Mr. GALLEGO, Mr. PALLONE, Ms. 

EDDIE BERNICE JOHNSON of Texas, Ms. FUDGE, Mr. EVANS, Mr. 

PETERS, and Mrs. TORRES) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to 

the Committees on Ways and Means, and Oversight 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 


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A BILL 

To ensure affordable abortion coverage and care for every 

woman, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Equal Access to Abor5 tion Coverage in Health Insurance (EACH Woman) Act 

6 of 2017’’. 

7 SEC. 2. FINDINGS. 

8 Congress makes the following findings: 

9 (1) Affordable, comprehensive health insurance 

10 that includes coverage for a full range of pregnancy11 related care, including abortion, is critical to the 

12 health of every woman. 

13 (2) Neither a woman’s income level nor her 

14 type of insurance should prevent her from having ac15 cess to a full range of pregnancy-related care, in16 cluding abortion services. 

17 (3) No woman should have the decision to have, 

18 or not to have, an abortion made for her based on 

19 her ability or inability to afford the procedure. 

20 (4) Since 1976, the Federal Government has 

21 withheld funds for abortion coverage in most cir22 cumstances. As a 2017 analysis by the Guttmacher 


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1 Institute shows, this affects women of reproductive 

2 age in the United States who are insured through 

3 the Medicaid program, as well as women who receive 

4 insurance or care through other Federal health plans 

5 and programs. Of women aged 15–44 enrolled in 

6 Medicaid in 2015, 58 percent lived in the 35 States 

7 and the District of Columbia that do not cover abor8 tion, except in limited circumstances. This amounts 

9 to roughly 7.5 million women of reproductive age, 

10 including 3.5 million women living below the Federal 

11 poverty level. Women of color are disproportionately 

12 likely to be insured by the Medicaid program: Na13 tionwide, 31 percent of Black women and 27 percent 

14 of Hispanic women aged 15–44 were enrolled in 

15 Medicaid in 2015, compared with 15 percent of 

16 White women. 

17 (5) Moreover, 25 States also prohibit abortion 

18 coverage in private insurance plans within or beyond 

19 health insurance marketplaces under the Patient 

20 Protection and Affordable Care Act, according to an 

21 analysis of State policies by the Guttmacher Insti22 tute. 

23 (6) A report by the Center for Reproductive 

24 Rights details how restrictions on abortion coverage 

25 interfere with a woman’s personal decisionmaking, 


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1 with her health and well-being, and with her con2 stitutionally protected right to a safe and legal med3 ical procedure. 

4 (7) Restrictions on abortion coverage have a 

5 disproportionate impact on low-income women, 

6 women of color, immigrant women, and young 

7 women, according to reports by both the Center for 

8 American Progress and the Guttmacher Institute. 

9 Also according to the reports, these women are al10 ready disadvantaged in their access to the resources, 

11 information, and services necessary to prevent an 

12 unintended pregnancy or to carry a healthy preg13 nancy to term. 

14 SEC. 3. ABORTION COVERAGE AND CARE REGARDLESS OF 

15 INCOME OR SOURCE OF INSURANCE. 

16 (a) ENSURING ABORTION COVERAGE AND CARE

17 THROUGH THE FEDERAL GOVERNMENT IN ITS ROLE AS

18 AN INSURER, EMPLOYER, OR HEALTH CARE PRO19 VIDER.—The Federal Government shall— 

20 (1) ensure coverage for abortion care in public 

21 health insurance programs including Medicaid, 

22 Medicare, and the Children’s Health Insurance Pro23 gram; 


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1 (2) in its role as an employer or health plan 

2 sponsor, ensure coverage for abortion care for par3 ticipants and beneficiaries; and 

4 (3) in its role as a provider of health services, 

5 ensure abortion care is made available to individuals 

6 who are eligible to receive services in its own facili7 ties or in facilities with which it contracts to provide 

8 medical care. 

9 (b) PROHIBITING RESTRICTIONS ON PRIVATE INSUR10 ANCE COVERAGE OF ABORTION CARE.— 

11 (1) FEDERAL RESTRICTIONS.—The Federal 

12 Government shall not prohibit, restrict, or otherwise 

13 inhibit insurance coverage of abortion care by State 

14 or local government or by private health plans. 

15 (2) STATE AND LOCAL GOVERNMENT RESTRIC16 TIONS.—State and local governments shall not pro17 hibit, restrict, or otherwise inhibit insurance cov18 erage of abortion care by private health plans. 

19 SEC. 4. SENSE OF CONGRESS. 

20 It is the sense of the Congress that— 

21 (1) the Federal Government, acting in its ca22 pacity as an insurer, employer, or health care pro23 vider, should serve as a model for the Nation to en24 sure coverage of abortion care; and 


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1 (2) moreover, restrictions on coverage of abor2 tion care in the private insurance market must end. 

3 SEC. 5. RULE OF CONSTRUCTION. 

4 Nothing in this Act shall be construed to have any 

5 effect on any Federal, State, or local law that includes 

6 more protections for abortion coverage or care than those 

7 set forth in this Act. 

8 SEC. 6. SEVERABILITY. 

9 If any portion of this Act or the application thereof 

10 to any person or circumstances is held invalid, such inva11 lidity shall not affect the portions or applications of this 

12 Act which can be given effect without the invalid portion 

13 or application. 

Æ 


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