[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4670 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 4670

To establish a program of formula grants to the States for programs to 
  provide pregnant women with alternatives to abortion, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 1, 1998

  Mr. Pitts introduced the following bill; which was referred to the 
                         Committee on Commerce

_______________________________________________________________________

                                 A BILL


 
To establish a program of formula grants to the States for programs to 
  provide pregnant women with alternatives to abortion, 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 and Children's Resources 
Act''.

SEC. 2. FORMULA GRANTS TO STATES REGARDING ALTERNATIVES TO ABORTION.

    In the case of each State that in accordance with section 5 submits 
to the Secretary of Health and Human Services an application for a 
fiscal year, the Secretary shall make a grant to the State for the year 
for carrying out the purposes authorized in section 3(a) (subject to 
amounts being appropriated under section 10 for the year). The grant 
shall consist of the allotment determined for the State under section 
6.

SEC. 3. OPERATION OF PROGRAMS TO PROVIDE ALTERNATIVES TO ABORTION; 
              ADMINISTRATION OF PROGRAMS THROUGH CONTRACTS WITH 
              ENTITIES WITH NO ABORTION-RELATED HISTORY.

    (a) In General.--A precondition for the receipt of a grant under 
section 2 (in this Act referred to as a ``grant precondition'' under 
such section) is that the State involved agree that the grant will be 
expended only for purposes of the establishment and operation of 
programs (carried out pursuant to contracts under subsection (d)) that 
have the primary purpose of providing to eligible individuals under 
subsection (b) information, education, and counseling on alternatives 
to abortion, and that in addition make available to such individuals 
the following services:
            (1) Information, education, and counseling on maintaining 
        abstinence from sexual activities.
            (2) Testing for pregnancy, including follow-up services.
            (3) Prenatal and postpartum health care.
            (4) Information and education on the following:
                    (A) Prenatal and postpartum health, including fetal 
                development and the health and nutritional needs of 
                pregnant and postpartum women.
                    (B) Childbirth.
                    (C) Parenting.
                    (D) Pregnancy during adolescence.
                    (E) Substance abuse.
                    (F) Sexually transmitted diseases, including 
                infection with the human immunodeficiency virus 
                (commonly known as HIV).
                    (G) Adoption.
            (5) Referrals for services, items, and assistance regarding 
        health, mental health, food, clothing, housing, education, 
        vocational training, and other appropriate services, items, and 
        assistance, including under programs under title V of the 
        Social Security Act (relating to maternal and child health); 
        section 17 of the Child Nutrition Act of 1966 (relating to 
        women, infants, and children); title XIX of the Social Security 
        Act (relating to the Medicaid program, including the program 
        for early and periodic screening, diagnostic, and treatment 
        services described in section 1905(r) of such Act); title IV of 
        such Act (relating to child and family services, foster care 
        and adoption, and job opportunities); and title XIX of the 
        Public Health Service Act (relating to public health programs, 
        mental health programs, and programs for the prevention and 
        treatment of substance abuse).
    (b) Eligible Individuals.--
            (1) In general.--Subject to paragraph (2), an individual is 
        an eligible individual for purposes of subsection (a) if--
                    (A) the individual is pregnant (or has reasonable 
                grounds for believing she may be pregnant);
                    (B) the individual (male or female) is the parent 
                or legal guardian of an infant under 12 months of age; 
                or
                    (C) the individual is the spouse or other partner 
                of an individual described in subparagraph (A) or (B).
            (2) Limitation.--A grant precondition under section 2 is 
        that the State involved agree that programs under subsection 
        (a) will expend the grant under such section to provide the 
        services of the program to an individual only if the income of 
        the individual does not exceed an amount equal to 185 percent 
        of the official poverty line (as established by the Director of 
        the Office of Management and Budget and revised by the 
        Secretary in accordance with section 673(2) of the Omnibus 
        Budget Reconciliation Act of 1981).
    (c) Additional Provisions Regarding Services.--
            (1) Restrictions regarding abortions.--A grant precondition 
        under section 2 is that the State involved agree that programs 
        under subsection (a) will be operated in accordance with the 
        following:
                    (A) The programs will not perform or make referrals 
                for abortions.
                    (B) The programs will not provide or make referrals 
                for information, education, or counseling that presents 
                abortion as a pregnancy-management option;
                    (C) The programs will not provide contraceptive 
                services or contraceptive drugs or devices, or 
                recommend the use of contraceptives.
            (2) Scope of prenatal and postpartum health care.--The 
        Secretary may establish limitations on the expenditure of a 
        grant under section 2 to provide prenatal and postpartum health 
        care under subsection (a)(3), including limitations on the 
        amount of the grant that may be expended for such care and 
        limitations on the type or extent of services that may be 
        provided with the grant.
            (3) Other assistance.--The Secretary may, subject to 
        subsection (b)(2), authorize a State to permit programs under 
        subsection (a) to expend the grant under section 2 to provide 
        food, clothing, and furniture for infants of eligible 
        individuals, subject to the infants being under 12 months of 
        age.
    (d) Administration of Programs Through Contracts With Entities With 
No Abortion-Related History; Other Abortion-Related Restrictions.--A 
grant precondition under section 2 is that the State involved agree 
that programs under subsection (a) will be operated in accordance with 
the following:
            (1) The State will enter into contracts with one or more 
        nonprofit private entities under which such entities have the 
        principal responsibility for operating such programs and acting 
        as prime contractors on behalf of the State.
            (2) An entity will not receive such a contract if, during 
        the five-year period preceding the date on which the entity 
        applies to receive the contract, the entity performed or made 
        referrals for abortions, or provided or made referrals for 
        information, education, or counseling that presented abortion 
        as a pregnancy-management option.
            (3) An entity will not receive such a contract unless the 
        entity is physically, legally, and financially separate from 
        entities that, during the five-year period referred to in 
        paragraph (2), performed or made referrals for abortions, or 
        provided or made referrals for information, education, or 
        counseling that presented abortion as a pregnancy-management 
        option.
            (4) The State will permit entities receiving such contracts 
        to carry out such programs directly and through entering into 
        contracts with subcontractors.
            (5) Paragraphs (2) and (3) apply to a person applying to 
        serve as such a subcontractor to the same extent and in the 
        same manner as the paragraphs apply to entities serving as the 
        prime contractors.
            (6) A person will not receive a subcontract to provide any 
        service under such a program unless the person has not less 
        than one year of experience in providing the service.
    (e) Miscellaneous Provisions.--A grant precondition under section 2 
is that the State involved agree that programs under subsection (a) 
will be operated in accordance with the following:
            (1) The programs will provide information to the public on 
        the availability of the services of the program, including 
        providing information through the establishment and operation 
        of toll-free telecommunications.
            (2) With respect to the expenditure of the grant pursuant 
        to subsection (b)(2), the grant will not be expended to make 
        payment for a service of the program that is provided to an 
        eligible individual to the extent that payment has been made, 
        or can reasonably be expected to be made, with respect to the 
        service--
                    (A) under any State compensation program, under an 
                insurance policy, or under any Federal or State health 
                benefits program; or
                    (B) by an entity that provides health services on a 
                prepaid basis.
            (3) For the fiscal year in which a program is established 
        and for the two subsequent fiscal years, there will be no limit 
        on the amount of the grant that may be expended for 
        administrative expenses. For all other fiscal years, the 
        program will not expend the grant for administrative expenses 
        in excess of an amount equal to 15 percent of the grant made to 
        the State for the fiscal year.
            (4)(A) Providers of services in the program will be 
        reimbursed (as applicable) $10 for every 10 minutes of 
        counseling for eligible individuals; $10 for every 10 minutes 
        of referral time spent on behalf of such individuals; $20 per 
        class per hour of instruction taught to such individuals; $10 
        for each self-administered pregnancy test kit provided to such 
        individuals; and $10 for every pantry visit where such 
        individuals receive free food, clothing, or furniture for their 
        infants.
            (B) For fiscal year 2000 and subsequent fiscal years, each 
        of the dollar amounts specified in subparagraph (A) will be 
        adjusted to offset the effects of inflation occurring after the 
        beginning of fiscal year 1999.
            (5) The programs will not expend the grant--
                    (A) to provide inpatient hospital services;
                    (B) to makes cash payments to intended recipients 
                of services;
                    (C) to purchase or improve land, purchase, 
                construct, or permanently improve (other than minor 
                remodeling) any building or other facility; or
                    (D) to satisfy any requirement that non-Federal 
                funds be expended as a precondition of the receipt of 
                Federal funds.

SEC. 4. SERVICES PROVIDED BY RELIGIOUS ORGANIZATIONS.

    (a) In General.--With respect to contracts under section 3(d) 
(relating to entities that will carry out programs under section 3(a)), 
a State may award such contracts to religious organizations that meet 
the criteria under section 3(d) for receiving such awards.
    (b) Religious Organizations.--The purpose of this section is to 
allow States to contract with religious organizations under section 
3(d) on the same basis as any other nongovernmental provider without 
impairing the religious character of such organizations, and without 
diminishing the religious freedom of beneficiaries of assistance funded 
under such program.
    (c) Nondiscrimination Against Religious Organizations.--In the 
event a State exercises its authority under subsection (a), religious 
organizations are eligible for contracts under section 3(d) on the same 
basis as any other nonprofit private entity as long as the programs are 
implemented consistent with the Establishment Clause of the United 
States Constitution. Except as provided in subsection (k), neither the 
Federal Government nor a State receiving a grant under section 2 shall 
discriminate against an organization that is or applies to be a 
contractor under section 3(d) on the basis that the organization has a 
religious character.
    (d) Religious Character and Freedom.--
            (1) Religious organizations.--A religious organization 
        receiving a contract under section 3(d) shall retain its 
        independence from Federal, State, and local governments, 
        including such organization's control over the definition, 
        development, practice, and expression of its religious beliefs.
            (2) Additional safeguards.--Neither the Federal Government 
        nor a State receiving a grant under section 2 shall require a 
        religious organization--
                    (A) to alter its form of internal governance; or
                    (B) to remove religious art, icons, scripture, or 
                other symbols;
        in order to be eligible for a contract under section 3(d).
    (e) Rights of Beneficiaries of Assistance.--
            (1) In general.--If an individual described in paragraph 
        (2) has an objection to the religious character of the 
        organization from which the individual receives services 
        pursuant to a contract under section 3(d), a State receiving a 
        grant under section 2 shall provide such individual (if an 
        eligible individual under section 3(b)), within a reasonable 
        period of time after the date of such objection, with services 
        from an alternative provider that is accessible to the 
        individual and the value of which is not less than the value of 
        the services that the individual would have received from such 
        organization.
            (2) Individual described.--An individual described in this 
        paragraph is an individual who receives, applies for, or 
        requests to apply for, services under a program under section 
        3(a).
    (f) Employment Practices.--A religious organization's exemption 
provided under section 702 of the Civil Rights Act of 1964 (42 U.S.C. 
2000e-1a) regarding employment practices shall not be affected by the 
receipt of a contract under section 3(d).
    (g) Nondiscrimination Against Beneficiaries.--Except as otherwise 
provided in law, a religious organization shall not discriminate 
against an individual in regard to providing services under section 
3(a) on the basis of religion, a religious belief, or refusal to 
actively participate in a religious practice.
    (h) Fiscal Accountability.--
            (1) In general.--Except as provided in paragraph (2), any 
        religious organization receiving a contract under section 3(d) 
        shall be subject to the same regulations as other contractors 
        to account in accord with generally accepted auditing 
        principles for the expenditure of a grant under section 2.
            (2) Limited audit.--If such organization segregates funds 
        received from a grant under section 2 into separate accounts, 
        then only services provided with such funds shall be subject to 
        audit.
    (i) Compliance.--Any party seeking to enforce its rights under this 
section may commence a civil action for injunctive relief exclusively 
in an appropriate State court against the entity or agency that 
allegedly committed such violation.
    (j) Limitations on Use of Funds for Certain Purposes.--A grant 
under section 2 may not be expended for sectarian worship, instruction, 
or proselytization.
    (k) Preemption.--Nothing in this section shall be construed to 
preempt any provision of a State constitution or State statute that 
prohibits or restricts the expenditure of State funds in or by 
religious organizations.
    (l) Subcontractors.--This section applies to awards under section 
3(d) made by prime contractors to subcontractors to the same extent and 
in the same manner as this section applies to awards under such section 
by States to prime contractors.

SEC. 5. STATE APPLICATION FOR GRANT.

    For purposes of section 2, an application for a grant under such 
section for a fiscal year is in accordance with this section if--
            (1) the State involved submits the application not later 
        than the date specified by the Secretary;
            (2) the application demonstrates compliance with the grant 
        preconditions specified in section 3; and
            (3) the application is in such form, is made in such 
        manner, and contains such agreements, assurances, and 
        information as the Secretary determines to be necessary to 
        carry out this Act.

SEC. 6. DETERMINATION OF AMOUNT OF STATE ALLOTMENT.

    For purposes of section 2, the allotment determined under this 
section for a State for a fiscal year is the product of--
            (1) the amount available under section 10 for the fiscal 
        year; and
            (2) the percentage constituted by the ratio of--
                    (A) a number equal to the sum of--
                            (i) the number of children born in the 
                        State to women who were not married to the 
                        fathers of the children at the time of the 
                        births of the children; and
                            (ii) the number of abortions performed in 
                        the State; to
                    (B) the sum of the respective numbers determined 
                under subparagraph (A) for all States.

SEC. 7. BIENNIAL REPORTS TO CONGRESS.

    The Secretary shall submit to the Congress periodic reports on the 
programs carried out under section 3(a). The first report shall be 
submitted not later than February 1, 2000, and subsequent reports shall 
be submitted biennially thereafter.

SEC. 8. DEFINITIONS.

    For purposes of this Act:
            (1)(A) The term ``administrative expenses'', with respect 
        to programs under section 3(a), means expenditures for costs 
        associated with administering such programs, including 
        salaries, taxes, benefits, job placement costs, postage and 
        shipping costs, travel and lodging, office, rent, telephone and 
        fax costs, insurance and office supplies, professional 
        development for staff and ongoing legal, accounting, and 
        computer consulting. Such term does not include expenditures 
        for start-up costs or service costs.
            (B) The term ``service costs'', with respect to programs 
        under section 3(a), includes the costs of salaries for 
        technical support, taxes, benefits, job placement costs, 
        professional development and ongoing training, educational and 
        informational material for eligible individuals and counselors, 
        program advertising costs, travel for technical support staff, 
        billing and database computer consulting, seminars for 
        counseling training, meetings for recurring program training, 
        minor equipment purchases for storage of files regarding 
        eligible individuals, new program development, pregnancy test 
        kit reimbursement, counseling and referral time, and toll-free 
        referral telephone operations.
            (C) The term ``start-up costs'', with respect to programs 
        under section 3(a), means costs necessary for establishing the 
        programs, including the cost of obtaining furniture, computers 
        and accessories, copy machines, consulting services, 
        telephones, and other office equipment and supplies.
            (2) The term ``grant precondition'' has the meaning 
        indicated for such term in section 3(a).
            (3) The term ``Secretary'' means the Secretary of Health 
        and Human Services.
            (4) The term ``State'' means each of the several States, 
        the District of Columbia, and each of the Commonwealth of 
        Puerto Rico, American Samoa, Guam, the Commonwealth of the 
        Northern Mariana Islands, the Virgin Islands, and the Trust 
        Territory of the Pacific Islands.

SEC. 9. REGULATIONS.

    No head of a Federal department or agency other than the Secretary 
may promulgate regulations to carry out this Act.

SEC. 10. FUNDING.

    For the purpose of carrying out this Act, there is authorized to be 
appropriated $85,000,000 for each of the fiscal years 1999 through 
2003.
                                 <all>