[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 979 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                 S. 979

  To protect women's reproductive health and constitutional right to 
                    choice, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               June 28 (legislative date, June 19), 1995

 Mrs. Boxer (for herself, Mr. Kennedy, Ms. Mikulski, Mrs. Murray, Mrs. 
   Feinstein, Ms. Snowe, Mr. Lautenberg, Mr. Inouye, Mr. Glenn, Mr. 
  Packwood, Mr. Dodd, and Mr. Specter) introduced the following bill; 
 which was read twice and referred to the Committee on Labor and Human 
                               Resources

_______________________________________________________________________

                                 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.

    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.''.
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