[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1605 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1605

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 SENATE OF THE UNITED STATES

                           September 21, 1999

 Mr. Santorum introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 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. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds as follows:
            (1) Women confronted with unplanned or crisis pregnancy 
        often are left with the impression that abortion is the only 
        choice that they have in dealing with their difficult 
        circumstances.
            (2) Women often lack accurate information, supportive 
        counseling and other assistance regarding adoption and 
        parenting alternatives to abortion.
            (3) Organizations that provide accurate information, 
        supportive counseling and other assistance regarding adoption 
        and parenting alternatives to abortion often lack sufficient 
        resources to reach women in need of their services and to 
        provide for their needs.
    (b) Purpose.--The purpose of this Act is--
            (1) to promote childbirth as a viable and positive 
        alternative to abortion and to empower those facing unplanned 
        or crisis pregnancies to choose childbirth rather than 
        abortion;
            (2) to carry out paragraph (1) by supporting entities and 
        projects that provide information, counseling, and support 
        services that assist women to choose childbirth and to make 
        informed decisions regarding the choice of adoption or 
        parenting with respect to their children; and
            (3) to maximize the effectiveness of this Act by providing 
        funds only to those entities and projects that have a stated 
        policy of actively promoting childbirth instead of abortion and 
        that have experience in providing alternative-to-abortion 
        services.

SEC. 3. FORMULA GRANTS TO STATES FOR ALTERNATIVE-TO-ABORTION SERVICES 
              PROGRAMS.

    In the case of each State that in accordance with section 6 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 4(a) (subject to 
amounts being appropriated under section 11 for the year). The grant 
shall consist of the allotment determined for the State under section 
7.

SEC. 4. ESTABLISHMENT AND OPERATION OF STATE PROGRAMS TO PROVIDE 
              ALTERNATIVE-TO-ABORTION SERVICES; ADMINISTRATION OF 
              PROGRAMS THROUGH CONTRACTS WITH ENTITIES.

    (a) In General.--Grant funds provided under this Act may be 
expended only for purposes of the establishment and operation of a 
State program (carried out pursuant to contracts under subsection (c)) 
designed to provide alternative-to-abortion services (as defined in 
section 9) to eligible individuals as described in subsection (b).
    (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 to believe 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) Priority for low-income individuals.--Grant funds 
        provided under this Act shall be awarded only to States that 
        submit a grant application that assures that the State 
        program--
                    (A) will give priority to serving eligible 
                individuals who are from low-income families; and
                    (B) will not impose a charge on any eligible 
                individual from a low-income family except to the 
                extent that payment will be made by a third party 
                (including a government agency) that is authorized or 
                is under legal obligation to pay such charge.
    (c) Administration of Programs Through Contracts With Experienced 
Entities and Service Providers.--Grant funds provided under this Act 
shall be awarded only to States that submit a grant application that 
assures that the State program will be established and operated in 
accordance with the following:
            (1) Establishment and operation of program.--
                    (A) Prime contractor.--The State shall enter into a 
                contract with a nonprofit private entity that, under 
                the contract, shall be designated as the ``prime 
                contractor'' and shall have the principal 
                responsibility for administering the State program, 
                including subcontracting with service providers.
                    (B) Subcontracts with service providers.--The prime 
                contractor shall enter into subcontracts with service 
                providers for reimbursement of alternative-to-abortion 
                services provided to eligible individuals on a fee-for-
                service basis, as provided in paragraph (2)(C)(ii).
                    (C) Expenditures of grant.--The prime contractor 
                shall be authorized to expend funds to administer the 
                State program, reimburse service providers, and to 
                provide additional supportive services to assist such 
                providers in providing alternative-to-abortion services 
                to eligible individuals consistent with the purposes of 
                this Act, including providing for a toll-free referral 
                system, advertising of alternative-to-abortion 
                services, purchase of educational materials, and grants 
                for new sites and new project development.
                    (D) Requirement for prime contractors.--An entity 
                may not become a prime contractor unless, consistent 
                with the overall purpose of this Act, it has a stated 
                policy of actively promoting childbirth instead of 
                abortion.
                    (E) Additional requirements for prime 
                contractors.--An entity may not become a prime 
                contractor unless--
                            (i) for the 5-year period preceding the 
                        date on which the entity applies to receive the 
                        contract, it has been engaged primarily in the 
                        provision of core services or it has operated a 
                        project that provides such services;
                            (ii) it already serves as a prime 
                        contractor pursuant to a State appropriation 
                        designed to fund alternative-to-abortion 
                        services; or
                            (iii) it is a subsidiary of an entity that 
                        meets the criteria under clause (i) or (ii).
                    (F) Requirements for subcontractors.--An entity may 
                not become a service provider unless--
                            (i) it operates a service provider project 
                        that has a stated policy of actively promoting 
                        childbirth instead of abortion;
                            (ii) its project has been providing 
                        alternative-to-abortion services to clients for 
                        at least 1 year; and
                            (iii) its project is physically and 
                        financially separate from any entity that 
                        advocates, performs, counsels for or refers for 
                        abortion.
                    (G) Restriction.--No prime contractor or service 
                provider project may perform abortion, counsel for or 
                refer for abortion, or advocate abortion.
            (2) Expenditures under the program.--
                    (A) Expenditures for start-up costs.--For the first 
                full fiscal year in which a State program has received 
                grant funds pursuant to this Act, the State shall 
                disburse grant funds to the prime contractor for start-
                up costs, in an amount not to exceed 10 percent of the 
                total amount of the grant made to the State for that 
                fiscal year.
                    (B) Expenditures for administrative costs.--For the 
                first full fiscal year in which a State program has 
                received grant funds pursuant to this Act and for the 2 
                subsequent fiscal years, the State shall disburse grant 
                funds to the prime contractor for administrative costs, 
                in an amount not to exceed 20 percent of the total 
                amount of the grant made to the State for those fiscal 
                years. For all other fiscal years, the State shall 
                disburse grant funds for administrative costs, in an 
                amount not to exceed 15 percent of the total amount of 
                the grant made to the State for the fiscal year.
                    (C) Expenditures for service costs.--
                            (i) Disbursement to prime contractor for 
                        service costs.--For each fiscal year, the State 
                        shall disburse to the prime contractor for 
                        service costs all remaining grant funds not 
                        expended on permissible administrative or 
                        start-up costs.
                            (ii) Service provider reimbursement 
                        rates.--The prime contractor shall reimburse 
                        service providers for alternative-to-abortion 
                        services provided to eligible individuals at 
                        the following fee-for-service rates:
                                    (I) $10 for every 10 minutes of 
                                counseling for eligible individuals.
                                    (II) $10 for every 10 minutes of 
                                referral time spent.
                                    (III) $20 per individual per hour 
                                of class instruction provided.
                                    (IV) $10 for each self-administered 
                                pregnancy test kit provided.
                                    (V) $10 for every pantry visit.
                        For fiscal year 2001 and subsequent fiscal 
                        years, each of the dollar amounts specified in 
                        this clause shall be adjusted to offset the 
                        effects of inflation occurring after the 
                        beginning of fiscal year 2000.
    (d) Additional Restrictions Regarding Expenditure of Grant Funds.--
A State applying for a grant under this Act shall provide assurances, 
in its grant application, as follows:
            (1) No grant funds will be expended for any of the 
        following:
                    (A) Performing abortion, counseling for or 
                referring for abortion, or advocating abortion.
                    (B) Providing, referring for, or advocating the use 
                of contraceptive services, drugs, or devices.
            (2) No grant funds will be expended to make payment for a 
        service that is provided to an eligible individual if payment 
        for such service has already been made, or can reasonably be 
        expected to be made--
                    (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) No grant funds will be expended--
                    (A) to provide inpatient hospital services;
                    (B) to make 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. 5. SERVICES PROVIDED BY RELIGIOUS ORGANIZATIONS.

    (a) Purpose.--The purpose of this section is to allow States to 
contract with religious organizations pursuant to section 4(c) on the 
same basis as any other nongovernmental provider without impairing the 
religious character of such organizations, and without diminishing the 
religious freedom of eligible individuals served under the State 
program.
    (b) Nondiscrimination Against Religious Organizations.--Religious 
organizations are eligible, on the same basis as any other 
nongovernmental organization, as contractors to provide services under 
a State program described in section 4(c) so long as the program is 
implemented consistent with the Establishment Clause of the United 
States Constitution. Neither the Federal Government nor a State 
receiving a grant under this Act shall discriminate against an 
organization which is or applies to be a contractor under section 4(c) 
on the basis that the organization has a religious character.
    (c) Religious Character and Freedom.--
            (1) Religious organizations.--A religious organization 
        receiving a contract under section 4(c) 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 to--
                    (A) alter its form of internal governance; or
                    (B) remove religious art, icons, scripture, or 
                other symbols;
        in order to be eligible for a contract under section 4(c).
    (d) Employment Practices.--
            (1) Tenets and teachings.--A religious organization that 
        provides services under a program described in section 4(c) may 
        require that its employees providing assistance under such 
        program adhere to the religious tenets and teachings of such 
        organization, and such organization may require that those 
        employees adhere to rules forbidding the use of drugs or 
        alcohol.
            (2) Title vii exemption.--A religious organization's 
        exemption provided under section 702 of the Civil Rights Act of 
        1964 (42 U.S.C. 2000e-1, 2000e-2(e)(2)) regarding employment 
        practices shall not be affected by the receipt of a contract 
        under section 4(c).
    (e) Rights of Beneficiaries of Assistance.--
            (1) In general.--If an eligible individual has an objection 
        to the religious character of the organization from which the 
        individual receives, or would receive, alternative-to-abortion 
        services, the State shall provide such individual within a 
        reasonable period of time after the date of such objection with 
        the names and addresses of alternative service providers that 
        offer a range of services similar to those offered by the 
        original service provider.
            (2) Notice.--A State receiving a grant under this Act shall 
        ensure that notice is provided to individuals described in 
        paragraph (1) of the rights of such individuals under this 
        section.
    (f) Nondiscrimination Against Beneficiaries.--A religious 
organization shall not discriminate against an eligible individual in 
regard to providing alternative-to-abortion services on the basis of 
religion, a religious belief, or refusal to actively participate in a 
religious practice.
    (g) Fiscal Accountability.--
            (1) In general.--Except as provided in paragraph (2), any 
        religious organization receiving a contract under section 4(c) 
        shall be subject to the same regulations as other contractors 
        to account in accordance with generally accepted accounting 
        principles for the use of such funds under this Act.
            (2) Limited audit.--If such organization segregates funds 
        received under this Act into separate accounts, then only such 
        funds shall be subject to audit by the government.
    (h) Compliance.--Any party which seeks to enforce its rights under 
this section may assert a civil action for injunctive relief 
exclusively in an appropriate State court against the entity or agency 
that allegedly commits such violation.
    (i) Limitations on Use of Funds for Certain Purposes.--No grant 
funds obtained pursuant to this Act shall be expended for sectarian 
worship, instruction, or proselytization.
    (j) 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.
    (k) Treatment of Service Providers.--This section applies to awards 
under section 4(c) made by prime contractors to service providers to 
the same extent and in the same manner as this section applies to 
awards under such section by States to prime contractors.

SEC. 6. STATE APPLICATION FOR GRANT.

    An application for a grant under this Act is in accordance with 
this section if--
            (1) the State submits the application not later than the 
        date specified by the Secretary;
            (2) the application demonstrates that the State program for 
        which grant funds are sought will be established and operated 
        in compliance with all of the requirements of this Act; and
            (3) the application is in such form, is made in such 
        manner, and contains such agreements, assurances, and 
        information as the Secretary determines are necessary to carry 
        out this Act.

SEC. 7. DETERMINATION OF AMOUNT OF STATE ALLOTMENT.

    (a) In General.--The allotment of funds to be granted to each State 
for a fiscal year is to be the State-calculated percentage of the total 
amount available under section 11 for the fiscal year.
    (b) State-Calculated Percentage.--The State-calculated percentage 
shall be determined by dividing--
            (1) the number of children born in the State to women who 
        were not married at the time of the birth plus the number of 
        abortions performed in the State; by
            (2) the number of children born in all States to women who 
        were not married at the time of the birth plus the number of 
        abortions performed in all States as last reported by the 
        Centers for Disease Control and Prevention.
    (c) Unallotted Funds for First Three Fiscal Years.--For the first 3 
fiscal years for which funds are appropriated under section 11, if 
excess funds are available due to the failure of any State to apply for 
grant funds under this Act, such excess funds shall be allotted to 
participating States in an amount equal to a percentage of the excess 
funds determined by dividing--
            (1) the number of children born in the participating State 
        to women who were not married at the time of the birth plus the 
        number of abortions performed in the participating State; by
            (2) the number of children born in all participating States 
        to women who were not married at the time of the birth plus the 
        number of abortions performed in all participating States as 
        last reported by the Centers for Disease Control and 
        Prevention.
    (d) Unallotted Funds for Subsequent Fiscal Years.--For years 
subsequent to the first 3 fiscal years for which funds are appropriated 
under section 11, if excess funds are available due to the failure of 
any State to apply for grant funds under this Act, such excess funds 
shall be allotted to participating States in an amount equal to a 
percentage of the total excess funds determined by dividing--
            (1) the amount of service costs expended by an individual 
        participating State under this Act during the previous calendar 
        year; by
            (2) the total amount of service costs expended by all 
        participating States under this Act during the previous 
        calendar year.

SEC. 8. BIENNIAL REPORTS TO CONGRESS.

    The Secretary shall submit to the Congress periodic reports on the 
State programs carried out pursuant to this Act. The first report shall 
be submitted not later than February 1, 2001, and subsequent reports 
shall be submitted biennially thereafter.

SEC. 9. DEFINITIONS.

    In this Act:
            (1) Administrative costs.--The term ``administrative 
        costs'' means expenditures for costs associated with the 
        administration of the State program by the prime contractor, 
        including salaries of administrative office staff, taxes, 
        employee benefits, job placement costs, postage and shipping 
        costs, travel and lodging for administrative staff, office 
        rent, telephone and fax costs, insurance and office supplies, 
        professional development for administrative staff and ongoing 
        legal, accounting, and computer consulting for the program. 
        Such term does not include expenditures for start-up costs or 
        service costs.
            (2) Alternative-to-abortion services.--The term 
        ``alternative-to-abortion services'' means core services and 
        support services as defined in this section.
            (3) Core services.--The term ``core services'' means the 
        provision of information and counseling that promotes 
        childbirth instead of abortion and assists pregnant women in 
        making an informed decision regarding the alternatives of 
        adoption or parenting with respect to their child.
            (4) Low-income family.--The term ``low-income family'' has 
        the meaning given such term under section 1006(c) of the Public 
Health Service Act (42 U.S.C. 300a-4(c)).
            (5) Support services.--The term ``support services'' means 
        additional services and assistance designed to assist eligible 
        individuals to carry their child to term and to support 
        eligible individuals in their parenting or adoption decision. 
        These support services include the provision of--
                    (A) self-administered pregnancy testing;
                    (B) baby food, maternity and baby clothing, and 
                baby furniture;
                    (C) information and education, including classes, 
                regarding prenatal care, childbirth, adoption, 
                parenting, chastity (or abstinence); and
                    (D) referrals for services consistent with the 
                purposes of this Act.
            (6) Pantry visit.--The term ``pantry visit'' means a visit 
        by an eligible individual to a service provider during which 
        baby food, maternity or baby clothing, or baby furniture are 
        made available to the individual free of charge.
            (7) Referral time.--The term ``referral time'' means the 
        time taken to research and set up an appointment on behalf of 
        an eligible individual to secure support through a referral.
            (8) Referrals.--The term ``referrals'' means action taken 
        on behalf of an eligible individual to secure additional 
        support from a social service agency or other entity. Referral 
        may be for services, items and assistance regarding physical 
        and mental health (prenatal, postnatal, and postpartum), food, 
        clothing, housing, education, vocational training, and for 
        other services designed to assist pregnant women and infants in 
        need.
            (9) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.
            (10) Service costs.--The term ``service costs'' means 
        expenditures for costs incurred by the prime contractor to 
        provide support for service provider projects, including 
        salaries for technical support staff, taxes, employee benefits, 
        job placement costs, professional development and ongoing 
        training, educational and informational material for eligible 
        individuals and counselors, advertising costs, operation of a 
        toll-free referral system, travel for technical support staff, 
        billing and database computer consulting, seminars for 
        counseling training, meetings regarding program compliance 
        requirements, minor equipment purchases for service provider 
        projects, new project development, and service provider 
        reimbursements for alternative-to-abortion services.
            (11) Service provider.--The term ``service provider'' means 
        a nongovernmental entity that operates a service provider 
        project and which enters into a subcontract with the prime 
        contractor that provides for the reimbursement for alternative-
        to-abortion services provided to eligible individuals.
            (12) Service provider project.--The term ``service provider 
        project'' means a project or program operated by a service 
        provider that provides alternative-to-abortion services. All 
        service provider projects must provide core services and may 
        also provide support services.
            (13) Start-up costs.--The term ``start-up costs'' means 
        expenditures associated with the initial establishment of the 
        State program, including the cost of obtaining furniture, 
        computers and accessories, copy machines, consulting services, 
        telephones, and other office equipment and supplies.
            (14) State.--The term ``State'' means each of the several 
        States, the District of Columbia, 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. 10. DATE CERTAIN FOR INITIAL GRANTS.

    The Secretary shall begin making grants under this Act not later 
than 180 days after the date on which amounts are first appropriated 
under section 11, subject to the receipt of State applications in 
accordance with section 6.

SEC. 11. FUNDING.

    For the purpose of carrying out this Act, there is authorized to be 
appropriated $85,000,000 for each of the fiscal years 2000 through 
2004.

SEC. 12. OFFSET.

    It is the sense of the Senate that overall funding for the 
Department of Health and Human Services should not be increased under 
this Act.
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