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SECTION 1. SHORT TITLE.

This Act may be cited as the ''Women's Choice and Reproductive
Health Protection Act of 1995''.
SEC. 2. FINDINGS.

Congress finds that--
(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, and the American Medical
Women's Association;
(3) the availability of abortion services is diminishing
throughout the United States, as evidenced by--
(A) the fact that 84 percent of counties in the
United States have no abortion provider; and
(B) the fact that between 1982 and 1992 the number
of abortion providers decreased in 45 States; and
(4) at a minimum, Congress must retain the following
policies, which currently preserve the choice and reproductive
health of women:
(A) Funding through the medicaid program under
title XIX of the Social Security Act (42 U.S.C. 1396 et
seq.) for abortion services for victims of rape or
incest.
(B) Protection from clinic violence.
(C) Full implementation of contraceptive and
infertility research programs.
(D) Authorization of family planning programs.
(E) the prohibition of any gag rule on information
pertaining to reproductive medical services.
(F) The evaluation of the drug called Mifepristone
or RU-486.
(G) The establishment of breast cancer, cervical
cancer, and chlamydia screening programs in all 50
States.
(H) The fundamental right to choose, as stated in
the Supreme Court decision in Roe v. Wade, 410 U.S. 113
(1973).
(I) Fairness in insurance.
(J) The ability of military personnel overseas to
purchase abortion services at military facilities with
private funds.

SEC. 3. SENSE OF CONGRESS WITH RESPECT TO CERTAIN REPRODUCTIVE HEALTH
ISSUES.

(a) Rape and Incest Victim Protection.--It is the sense of Congress
that current provisions of law (in effect as of October 1, 1993)
requiring Federal and State governments to provide funding for abortion
services in cases of life endangerment, and for victims of rape or
incest, to women eligible for assistance through the medicaid program
under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) are
essential to the health and well-being of the women and must not be
repealed.
(b) Clinic Violence.--It is the sense of Congress that--
(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; and
(2) it is necessary and appropriate to use Federal
resources to combat the nationwide campaign of violence and
harassment against reproductive health centers.
(c) Preventive Health Measures Regarding Breast and Cervical
Cancer.--It is the sense of Congress that the program of grants under
title XV of the Public Health Service Act should receive a level of
funding that is adequate for all States to receive grants under such
title.
(d) Programs Regarding Contraception and Infertility.--
(1) Research centers.--It is the sense of Congress that the
program of research centers under section 452A of the Public
Health Service Act should receive a level of funding that is
adequate for a reasonable number of research centers to be
operated under the program.
(2) Loan repayment program regarding conduct of research.--
It is the sense of Congress that the program of loan-repayment
contracts under section 487B of the Public Health Service Act
should receive a level of funding that is adequate for a
reasonable number of individuals to conduct research under the
program.

SEC. 4. 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 grants and contracts under this section,
there are authorized to be appropriated $220,000,000 for fiscal year
1996, $250,000,000 for fiscal year 1997, and such sums as may be
necessary for each of fiscal years 1998 through 2000.''.

SEC. 5. 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) In General.--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.
''(b) Definition.--As used in this section the term 'governmental
authority' means any authority of the United States.''.

SEC. 6. FAIRNESS IN EVALUATION OF RU-486.

The Secretary of Health and Human Services shall--
(1) assure that the Food and Drug Administration evaluates
the drug called Mifepristone or RU-486 only on the basis
provided by 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. 7. 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
1989, 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 the recent modification 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 the 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 the
enumerated 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 as were provided, as a constitutional matter, under
the strict scrutiny standard of review enunciated in the Roe v. Wade
decision and applied in subsequent cases from 1973 through 1988.
(c) In General.--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.
(d) Rules of Construction.--Nothing in this section shall be
construed to--
(1) prevent a State from protecting 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 declining to pay for the
performance of abortions; or
(3) prevent a State from requiring a minor to involve a
parent, guardian, or other responsible adult before terminating
a pregnancy.
(e) 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.

SEC. 8. FAIRNESS IN INSURANCE.

Notwithstanding any other provision of law, no Federal law shall be
construed to prohibit a provider of health insurance from offering
coverage for the full range of reproductive health care services,
including abortion services.
SEC. 9. ABORTIONS IN FACILITIES OF THE UNIFORMED SERVICES NOT
PROHIBITED IF NOT FEDERALLY FUNDED.

Section 1093 of title 10, United States Code, is amended--
(1) by inserting ''(a) Limitation.--'' before ''Funds'';
and
(2) 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.''.
Output:
Women's Choice and Reproductive Health Protection Act of 1995 - Expresses the sense of the Congress that: (1) current provisions of law requiring funding for abortion services in cases of life endangerment, and for victims of rape or incest, to women eligible for medical assistance through the Medicaid program are essential to their health; (2) 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 threats of force; (3) it is necessary and appropriate to use Federal resources to combat the nationwide campaign of violence and harassment against reproductive health centers; (4) the program of grants under title XV of the Public Health Service Act (PHSA) should receive a level of funding that is adequate for all States to receive grants under such title; (5) the program of research centers under the PHSA should receive a level of funding that is adequate for a reasonable number of individuals to conduct research under the program; and (6) the program of loan-repayment contracts under the PHSA should receive a level of funding that is adequate for a reasonable number of individuals to conduct research under the program.
Amends the PHSA to authorize appropriations for FY 1996 through 2000 for population research and family planning programs.
Amends the Civil Rights Act of 1964 to prohibit any government authority from limiting the right of any individual to provide or receive nonfraudulent information about the availability of reproductive health care services, including family planning, prenatal care, adoption, and abortion services.
Directs the Secretary of Health and Human Services to: (1) assure that the Food and Drug Administration evaluates the drug Mifepristone or RU 486; and (2) assess initiatives by which the Department of Health and Human Services can promote the testing, licensing, and manufacturing of the drug Mifepristone or other antiprogestins in the United States. Prohibits Federal law from being construed to prohibit health insurance providers from offering coverage for any reproductive health care services, including abortion services.
Amends Federal law to provide that the performance of an abortion in a facility of the uniformed services located outside the 48 contiguous States of the United States is not prohibited provided specific requirements are met.