[Congressional Record Volume 145, Number 103 (Tuesday, July 20, 1999)]
[Senate]
[Pages S8880-S8884]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. BOXER (for herself, Mrs. Murray, Mr. Kennedy, Mr. 
        Lautenberg, and Mr. Schumer):
  S. 1400. A bill to protect women's reproductive health and 
constitutional right to choice, and for other purposes; to the 
Committee on Health, Education, Labor, and Pensions.


           family planning and choice protection act of 1999

  Mrs. BOXER. Mr. President, when I entered the United States Senate in 
1993, women's rights were strong and secure. That year alone, we passed 
the Violence Against Women Act, the Family and Medical Leave Act, and 
the Freedom of Access to Clinic Entrances Act. We lifted the gag rule, 
which freed up doctors to tell their patients that abortion is a legal 
option.
  Things are quite different now. Since 1994, the tide has turned 
against women's rights, as there have been nearly 100 votes to restrict 
choice, and pro-choice forces have lost most of these votes.
  Congress recently blocked women in the military and military 
dependents from using their own funds to obtain an abortion at military 
facilities. The House of Representatives voted to make it a crime for 
any adult to help a teenager travel to another state to avoid her home 
state's restrictive parental consent laws, and the Senate voted to 
prohibit women who work for the federal government from accessing 
health plans that offer abortion services.
  At the same time, violence against clinics and health care workers is 
increasing. Last year, the Feminist Majority reported that nearly one 
out of four clinics faced severe anti-abortion violence including death 
threats, stalking, bomb threats, bombings, arson threats, arson, 
blockades, invasions, and chemical attacks.
  In my own state of California, there have been 29 recorded incidents 
of violence against clinics since 1984. The firebombing of a women's 
health care clinic on July 2 in Sacramento serves as a grim reminder 
that this violence continues.
  While there are many in the community and in Congress who have helped 
fight off assaults on women's health rights, playing defense is not 
enough. We need a positive agenda for women's health, choice and family 
planning if we hope to move the pendulum back the other way.
  The Family Planning and Choice Protection Act of 1999 sets out such 
an agenda. This comprehensive bill is pro-choice, pro-family planning, 
and pro-

[[Page S8881]]

women's health. It will improve family planning programs and services; 
strengthen women's right to choose; expand access to contraceptive 
coverage; protect patients and employees at reproductive health care 
facilities; and give law enforcement the resources needed to protect 
women's legal rights.
  Mr. President, I urge my colleagues to support this legislation and 
to stand up for the women in their respective states who deserve to 
have their rights and health protected. I ask unanimous consent that 
the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1400

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Family 
     Planning and Choice Protection Act of 1999''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.

                          TITLE I--PREVENTION

                      Subtitle A--Family Planning

Sec. 101. Family planning amendments.
Sec. 102. Freedom of full disclosure.

       Subtitle B--Prescription Equity and Contraceptive Coverage

Sec. 111. Short title.
Sec. 112. Findings.
Sec. 113. Amendments to the Employee Retirement Income Security Act of 
              1974.
Sec. 114. Amendments to the Public Health Service Act relating to the 
              group market.
Sec. 115. Amendment to the Public Health Service Act relating to the 
              individual market.
Sec. 116. FEHBP coverage.

                  Subtitle C--Emergency Contraceptives

Sec. 121. Emergency contraceptive education.

                      TITLE II--CHOICE PROTECTION

Sec. 201. Medicaid funding for abortion services.
Sec. 202. Clinic violence.
Sec. 203. Approval of RU-486.
Sec. 204. Freedom of choice.
Sec. 205. Fairness in insurance.
Sec. 206. Reproductive rights of women in the military.
Sec. 207. Repeal of certain State Child Health Insurance Program 
              limitations.
Sec. 208. Funding for certain services for women in prison.
Sec. 209. Funding for certain services for women in the District of 
              Columbia.
Sec. 210. Funding for certain services for women under the FEHBP.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (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, the American 
     Medical Women's Association, the American Nurses Association, 
     and the American Public Health Association.
       (3) The availability of abortion services is diminishing 
     throughout the United States, as evidenced by--
       (A) the fact that 86 percent of counties in the United 
     States have no abortion provider; and
       (B) the fact that, between 1992 and 1996, the number of 
     abortion providers decreased by 14 percent.
       (4)(A) The Department of Health and Human Services and the 
     Institute of Medicine of the National Academy of Sciences 
     have contributed to the development of a report entitled 
     ``Healthy People 2000'', which urges that the rate of 
     unintended pregnancy in the United States be reduced by 
     nearly 50 percent by the year 2000.
       (B) Nearly 50 percent, or approximately 3,050,000, of all 
     pregnancies in the United States each year are unintended, 
     resulting in 1,370,000 abortions in the United States each 
     year.
       (C) The provision of family planning services, including 
     emergency contraception, is a cost-effective way of reducing 
     the number of unintended pregnancies and abortions in the 
     United States.

                          TITLE I--PREVENTION

                      Subtitle A--Family Planning

     SEC. 101. 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 making grants and entering into 
     contracts under this section, there are authorized to be 
     appropriated $500,000,000 for each of fiscal years 2000 
     through 2004.''.

     SEC. 102. 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) Definition.--As used in this section, the term 
     `governmental authority' means any authority of the United 
     States.
       ``(b) General Authority.--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.''.

       Subtitle B--Prescription Equity and Contraceptive Coverage

     SEC. 111. SHORT TITLE.

       This subtitle may be cited as the ``Equity in Prescription 
     Insurance and Contraceptive Coverage Act of 1999''.

     SEC. 112. FINDINGS.

       Congress finds that--
       (1) each year, 3,000,000 pregnancies, or one half of all 
     pregnancies, in this country are unintended;
       (2) contraceptive services are part of basic health care, 
     allowing families to both adequately space desired 
     pregnancies and avoid unintended pregnancy;
       (3) studies show that contraceptives are cost effective: 
     for every $1 of public funds invested in family planning, $4 
     to $14 of public funds is saved in pregnancy and health care-
     related costs;
       (4) by reducing rates of unintended pregnancy, 
     contraceptives help reduce the need for abortion;
       (5) unintended pregnancies lead to higher rates of infant 
     mortality, low-birth weight, and maternal morbidity, and 
     threaten the economic viability of families;
       (6) the National Commission to Prevent Infant Mortality 
     determined that ``infant mortality could be reduced by 10 
     percent if all women not desiring pregnancy used 
     contraception'';
       (7) most women in the United States, including three-
     quarters of women of childbearing age, rely on some form of 
     private insurance (through their own employer, a family 
     member's employer, or the individual market) to defray their 
     medical expenses;
       (8) the vast majority of private insurers cover 
     prescription drugs, but many exclude coverage for 
     prescription contraceptives;
       (9) private insurance provides extremely limited coverage 
     of contraceptives: half of traditional indemnity plans and 
     preferred provider organizations, 20 percent of point-of-
     service networks, and 7 percent of health maintenance 
     organizations cover no contraceptive methods other than 
     sterilization;
       (10) women of reproductive age spend 68 percent more than 
     men on out-of-pocket health care costs, with contraceptives 
     and reproductive health care services accounting for much of 
     the difference;
       (11) the lack of contraceptive coverage in health insurance 
     places many effective forms of contraceptives beyond the 
     financial reach of many women, leading to unintended 
     pregnancies;
       (12) the Institute of Medicine Committee on Unintended 
     Pregnancy recommended that ``financial barriers to 
     contraception be reduced by increasing the proportion of all 
     health insurance policies that cover contraceptive services 
     and supplies'';
       (13) in 1998, Congress agreed to provide contraceptive 
     coverage to the 2,000,000 women of reproductive age who are 
     participating in the Federal Employees Health Benefits 
     Program, the largest employer-sponsored health insurance plan 
     in the world; and
       (14) eight in 10 privately insured adults support 
     contraceptive coverage.

     SEC. 113. AMENDMENTS TO THE EMPLOYEE RETIREMENT INCOME 
                   SECURITY ACT OF 1974.

       (a) In General.--Subpart B of part 7 of subtitle B of title 
     I of the Employee Retirement Income Security Act of 1974 (29 
     U.S.C. 1185 et seq.) is amended by adding at the end the 
     following new section:

     ``SEC. 714. STANDARDS RELATING TO BENEFITS FOR 
                   CONTRACEPTIVES.

       ``(a) Requirements for Coverage.--A group health plan, and 
     a health insurance issuer providing health insurance coverage 
     in connection with a group health plan, may not--
       ``(1) exclude or restrict benefits for prescription 
     contraceptive drugs or devices approved by the Food and Drug 
     Administration, or generic equivalents approved as 
     substitutable by the Food and Drug Administration, if such 
     plan provides benefits for other outpatient prescription 
     drugs or devices; or
       ``(2) exclude or restrict benefits for outpatient 
     contraceptive services if such plan provides benefits for 
     other outpatient services provided by a health care 
     professional (referred to in this section as `outpatient 
     health care services').
       ``(b) Prohibitions.--A group health plan, and a health 
     insurance issuer providing health insurance coverage in 
     connection with a group health plan, may not--
       ``(1) deny to an individual eligibility, or continued 
     eligibility, to enroll or to renew coverage under the terms 
     of the plan because

[[Page S8882]]

     of the individual's or enrollee's use or potential use of 
     items or services that are covered in accordance with the 
     requirements of this section;
       ``(2) provide monetary payments or rebates to a covered 
     individual to encourage such individual to accept less than 
     the minimum protections available under this section;
       ``(3) penalize or otherwise reduce or limit the 
     reimbursement of a health care professional because such 
     professional prescribed contraceptive drugs or devices, or 
     provided contraceptive services, described in subsection (a), 
     in accordance with this section; or
       ``(4) provide incentives (monetary or otherwise) to a 
     health care professional to induce such professional to 
     withhold from a covered individual contraceptive drugs or 
     devices, or contraceptive services, described in subsection 
     (a).
       ``(c) Rules of Construction.--
       ``(1) In general.--Nothing in this section shall be 
     construed--
       ``(A) as preventing a group health plan and a health 
     insurance issuer providing health insurance coverage in 
     connection with a group health plan from imposing 
     deductibles, coinsurance, or other cost-sharing or 
     limitations in relation to--
       ``(i) benefits for contraceptive drugs under the plan, 
     except that such a deductible, coinsurance, or other cost-
     sharing or limitation for any such drug may not be greater 
     than such a deductible, coinsurance, or cost-sharing or 
     limitation for any outpatient prescription drug otherwise 
     covered under the plan;
       ``(ii) benefits for contraceptive devices under the plan, 
     except that such a deductible, coinsurance, or other cost-
     sharing or limitation for any such device may not be greater 
     than such a deductible, coinsurance, or cost-sharing or 
     limitation for any outpatient prescription device otherwise 
     covered under the plan; and
       ``(iii) benefits for outpatient contraceptive services 
     under the plan, except that such a deductible, coinsurance, 
     or other cost-sharing or limitation for any such service may 
     not be greater than such a deductible, coinsurance, or cost-
     sharing or limitation for any outpatient health care service 
     otherwise covered under the plan; and
       ``(B) as requiring a group health plan and a health 
     insurance issuer providing health insurance coverage in 
     connection with a group health plan to cover experimental or 
     investigational contraceptive drugs or devices, or 
     experimental or investigational contraceptive services, 
     described in subsection (a), except to the extent that the 
     plan or issuer provides coverage for other experimental or 
     investigational outpatient prescription drugs or devices, or 
     experimental or investigational outpatient health care 
     services.
       ``(2) Limitations.--As used in paragraph (1), the term 
     `limitation' includes--
       ``(A) in the case of a contraceptive drug or device, 
     restricting the type of health care professionals that may 
     prescribe such drugs or devices, utilization review 
     provisions, and limits on the volume of prescription drugs or 
     devices that may be obtained on the basis of a single 
     consultation with a professional; or
       ``(B) in the case of an outpatient contraceptive service, 
     restricting the type of health care professionals that may 
     provide such services, utilization review provisions, 
     requirements relating to second opinions prior to the 
     coverage of such services, and requirements relating to 
     preauthorizations prior to the coverage of such services.
       ``(d) Notice Under Group Health Plan.--The imposition of 
     the requirements of this section shall be treated as a 
     material modification in the terms of the plan described in 
     section 102(a)(1), for purposes of assuring notice of such 
     requirements under the plan, except that the summary 
     description required to be provided under the last sentence 
     of section 104(b)(1) with respect to such modification shall 
     be provided by not later than 60 days after the first day of 
     the first plan year in which such requirements apply.
       ``(e) Preemption.--Nothing in this section shall be 
     construed to preempt any provision of State law to the extent 
     that such State law establishes, implements, or continues in 
     effect any standard or requirement that provides protections 
     for enrollees that are greater than the protections provided 
     under this section.
       ``(f) Definition.--In this section, the term `outpatient 
     contraceptive services' means consultations, examinations, 
     procedures, and medical services, provided on an outpatient 
     basis and related to the use of contraceptive methods 
     (including natural family planning) to prevent an unintended 
     pregnancy.''.
       (b) Clerical Amendment.--The table of contents in section 1 
     of the Employee Retirement Income Security Act of 1974 (29 
     U.S.C. 1001 note) is amended by inserting after the item 
     relating to section 713 the following new item:

``Sec. 714. Standards relating to benefits for contraceptives.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply with respect to plan years beginning on or after 
     January 1, 2000.

     SEC. 114. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT 
                   RELATING TO THE GROUP MARKET.

       (a) In General.--Subpart 2 of part A of title XXVII of the 
     Public Health Service Act (42 U.S.C. 300gg-4 et seq.) is 
     amended by adding at the end the following new section:

     ``SEC. 2707. STANDARDS RELATING TO BENEFITS FOR 
                   CONTRACEPTIVES.

       ``(a) Requirements for Coverage.--A group health plan, and 
     a health insurance issuer providing health insurance coverage 
     in connection with a group health plan, may not--
       ``(1) exclude or restrict benefits for prescription 
     contraceptive drugs or devices approved by the Food and Drug 
     Administration, or generic equivalents approved as 
     substitutable by the Food and Drug Administration, if such 
     plan provides benefits for other outpatient prescription 
     drugs or devices; or
       ``(2) exclude or restrict benefits for outpatient 
     contraceptive services if such plan provides benefits for 
     other outpatient services provided by a health care 
     professional (referred to in this section as `outpatient 
     health care services').
       ``(b) Prohibitions.--A group health plan, and a health 
     insurance issuer providing health insurance coverage in 
     connection with a group health plan, may not--
       ``(1) deny to an individual eligibility, or continued 
     eligibility, to enroll or to renew coverage under the terms 
     of the plan because of the individual's or enrollee's use or 
     potential use of items or services that are covered in 
     accordance with the requirements of this section;
       ``(2) provide monetary payments or rebates to a covered 
     individual to encourage such individual to accept less than 
     the minimum protections available under this section;
       ``(3) penalize or otherwise reduce or limit the 
     reimbursement of a health care professional because such 
     professional prescribed contraceptive drugs or devices, or 
     provided contraceptive services, described in subsection (a), 
     in accordance with this section; or
       ``(4) provide incentives (monetary or otherwise) to a 
     health care professional to induce such professional to 
     withhold from covered individual contraceptive drugs or 
     devices, or contraceptive services, described in subsection 
     (a).
       ``(c) Rules of Construction.--
       ``(1) In general.--Nothing in this section shall be 
     construed--
       ``(A) as preventing a group health plan and a health 
     insurance issuer providing health insurance coverage in 
     connection with a group health plan from imposing 
     deductibles, coinsurance, or other cost-sharing or 
     limitations in relation to--
       ``(i) benefits for contraceptive drugs under the plan, 
     except that such a deductible, coinsurance, or other cost-
     sharing or limitation for any such drug may not be greater 
     than such a deductible, coinsurance, or cost-sharing or 
     limitation for any outpatient prescription drug otherwise 
     covered under the plan;
       ``(ii) benefits for contraceptive devices under the plan, 
     except that such a deductible, coinsurance, or other cost-
     sharing or limitation for any such device may not be greater 
     than such a deductible, coinsurance, or cost-sharing or 
     limitation for any outpatient prescription device otherwise 
     covered under the plan; and
       ``(iii) benefits for outpatient contraceptive services 
     under the plan, except that such a deductible, coinsurance, 
     or other cost-sharing or limitation for any such service may 
     not be greater than such a deductible, coinsurance, or cost-
     sharing or limitation for any outpatient health care service 
     otherwise covered under the plan; and
       ``(B) as requiring a group health plan and a health 
     insurance issuer providing health insurance coverage in 
     connection with a group health plan to cover experimental or 
     investigational contraceptive drugs or devices, or 
     experimental or investigational contraceptive services, 
     described in subsection (a), except to the extent that the 
     plan or issuer provides coverage for other experimental or 
     investigational outpatient prescription drugs or devices, or 
     experimental or investigational outpatient health care 
     services.
       ``(2) Limitations.--As used in paragraph (1), the term 
     `limitation' includes--
       ``(A) in the case of a contraceptive drug or device, 
     restricting the type of health care professionals that may 
     prescribe such drugs or devices, utilization review 
     provisions, and limits on the volume of prescription drugs or 
     devices that may be obtained on the basis of a single 
     consultation with a professional; or
       ``(B) in the case of an outpatient contraceptive service, 
     restricting the type of health care professionals that may 
     provide such services, utilization review provisions, 
     requirements relating to second opinions prior to the 
     coverage of such services, and requirements relating to 
     preauthorizations prior to the coverage of such services.
       ``(d) Notice.--A group health plan under this part shall 
     comply with the notice requirement under section 714(d) of 
     the Employee Retirement Income Security Act of 1974 with 
     respect to the requirements of this section as if such 
     section applied to such plan.
       ``(e) Preemption.--Nothing in this section shall be 
     construed to preempt any provision of State law to the extent 
     that such State law establishes, implements, or continues in 
     effect any standard or requirement that provides protections 
     for enrollees that are greater than the protections provided 
     under this section.
       ``(f) Definition.--In this section, the term `outpatient 
     contraceptive services' means consultations, examinations, 
     procedures, and medical services, provided on an outpatient 
     basis and related to the use of contraceptive methods 
     (including natural family planning) to prevent an unintended 
     pregnancy.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply with respect to group health plans for plan years 
     beginning on or after January 1, 2000.

[[Page S8883]]

     SEC. 115. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT RELATING 
                   TO THE INDIVIDUAL MARKET.

       (a) In General.--Part B of title XXVII of the Public Health 
     Service Act (42 U.S.C. 300gg-41 et seq.) is amended--
       (1) by redesignating the first subpart 3 (relating to other 
     requirements) as subpart 2; and
       (2) by adding at the end of subpart 2 the following new 
     section:

     ``SEC. 2753. STANDARDS RELATING TO BENEFITS FOR 
                   CONTRACEPTIVES.

       ``The provisions of section 2707 shall apply to health 
     insurance coverage offered by a health insurance issuer in 
     the individual market in the same manner as they apply to 
     health insurance coverage offered by a health insurance 
     issuer in connection with a group health plan in the small or 
     large group market.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply with respect to health insurance coverage 
     offered, sold, issued, renewed, in effect, or operated in the 
     individual market on or after January 1, 2000.

     SEC. 116. FEHBP COVERAGE.

       (a) Prohibition.--No Federal funds may be used to enter 
     into or renew a contract which includes a provision providing 
     prescription drug coverage unless the contract also includes 
     a provision for contraceptive coverage.
       (b) Limitation.--Nothing in this section shall apply to a 
     contract with--
       (1) any of the following religious plans--
       (A) SelectCare;
       (B) Personal CaresHMO;
       (C) Care Choices;
       (D) OSF Health Plans, Inc.;
       (E) Yellowstone Community Health Plan; and
       (2) any existing or future plan, if the plan objects to 
     such coverage on the basis of religious beliefs.
       (c) Refusal to Prescribe.--In implementing this section, 
     any plan that enters into or renews a contract under this 
     section may not subject any individual to discrimination on 
     the basis that the individual refuses to prescribe 
     contraceptives because such activities would be contrary to 
     the individual's religious beliefs or moral convictions.

                  Subtitle C--Emergency Contraceptives

     SEC. 121. EMERGENCY CONTRACEPTIVE EDUCATION.

       (a) Definition.--In this section:
       (1) Emergency contraceptive.--The term ``emergency 
     contraceptive'' means a drug or device (as the terms are 
     defined in section 201 of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 321)) that is designed--
       (A) to be used after sexual relations; and
       (B) to prevent pregnancy, by preventing ovulation, 
     fertilization of an egg, or implantation of an egg in a 
     uterus.
       (2) Health care provider.--The term ``health care 
     provider'' means anyone licensed or certified under State law 
     to provide health care services who is operating within the 
     scope of such license.
       (3) Institution of higher education.--The term 
     ``institution of higher education'' has the meaning given the 
     term in section 1201(a) of the Higher Education Act of 1965 
     (20 U.S.C. 1141(a)).
       (b) Emergency Contraceptive Public Education Program.--
       (1) In general.--The Secretary of Health and Human 
     Services, acting through the Director of the Centers for 
     Disease Control, shall develop and disseminate to the public 
     information on emergency contraceptives.
       (2) Development and dissemination.--The Secretary may 
     develop and disseminate the information directly or through 
     arrangements with nonprofit organizations, consumer groups, 
     institutions of higher education, Federal, State, or local 
     agencies, and clinics.
       (3) Information.--The information shall include, at a 
     minimum, information describing emergency contraceptives, and 
     explaining the use, effects, efficacy, and availability of 
     the contraceptives.
       (c) Emergency Contraceptive Information Program for Health 
     Care Providers.--
       (1) In general.--The Secretary of Health and Human 
     Services, acting through the Administrator of the Health 
     Resources and Services Administration, shall develop and 
     disseminate to health care providers information on emergency 
     contraceptives.
       (2) Information.--The information shall include, at a 
     minimum--
       (A) information describing the use, effects, efficacy and 
     availability of the contraceptives;
       (B) a recommendation from the Secretary regarding the use 
     of the contraceptives in appropriate cases; and
       (C) information explaining how to obtain copies of the 
     information developed under subsection (b), for distribution 
     to the patients of the providers.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $5,000,000 for 
     the period consisting of fiscal years 2000 through 2002.

                      TITLE II--CHOICE PROTECTION

     SEC. 201. MEDICAID FUNDING FOR ABORTION SERVICES.

       Sections 508 and 509 of the Departments of Labor, Health 
     and Human Services, and Education, and Related Agencies 
     Appropriations Act, 1999 (Public Law 105-277) are repealed.

     SEC. 202. CLINIC VIOLENCE.

       (a) Findings.--Congress makes the following findings:
       (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.
       (2) It is necessary and appropriate to use Federal 
     resources to combat the nationwide campaign of violence and 
     harassment against reproductive health centers.
       (3) The Congress should support further increasing Federal 
     resources to fully ensure the safety of health professionals, 
     center staff, and all women using reproductive health center 
     services and the family members of such persons.
       (b) National Task Force on Violence Against Health Care 
     Providers.--
       (1) Establishment.--There is established within the 
     Department of Justice a task force to be known as the ``Task 
     Force on Violence Against Health Care Providers'' (referred 
     to in this subsection as the ``Task Force'').
       (2) Composition.--The Task Force shall be composed of at 
     least 1 individual to be appointed by the Attorney General 
     from each of the following:
       (A) The Bureau of Alcohol, Tobacco and Firearms.
       (B) The Federal Bureau of Investigation.
       (C) The United States Marshal Service.
       (D) The United States Postal Service.
       (E) The Civil Rights Division of the Department of Justice.
       (F) The Criminal Division of the Department of Justice.
       (3) Powers and duties.--The Task Force shall--
       (A) coordinate investigative, prosecutorial and enforcement 
     efforts of Federal, State and local governments in cases 
     related to violence at reproductive health care facilities 
     and violence against health care providers;
       (B) under the direction of the Attorney General, conduct 
     security assessments for reproductive health care facilities; 
     and
       (C) provide training for local law enforcement to 
     appropriately address incidences of violence against 
     reproductive health care facilities and provide methodologies 
     for assessing risks and promoting security at reproductive 
     health care facilities.
       (4) Authorization of appropriations.--There is authorized 
     to be appropriated $2,000,000 for each fiscal year to carry 
     out this subsection.
       (c) Grants for Clinic Security.--
       (1) In general.--The Office of Justice Programs within the 
     Department of Justice shall award grants to reproductive 
     health care facilities to enable such facilities to enhance 
     security and to purchase and install security devices.
       (2) Authorization of appropriations.--There is authorized 
     to be appropriated, $5,000,000 for each of fiscal years 2000 
     through 2004 to carry out this subsection.

     SEC. 203. APPROVAL OF RU-486.

       The Secretary of Health and Human Services shall--
       (1) ensure that a decision by the Food and Drug 
     Administration to approve the drug called Mifepristone or RU-
     486 shall be made only on the basis provided in 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. 204. 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 1992, 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 modifications made 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

[[Page S8884]]

     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 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 a 
     constitutional provision enumerating the 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 on State action as were 
     provided, as a constitutional matter, under the strict 
     scrutiny standard of review enunciated in the Roe v. Wade 
     decision.
       (c) 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.
       (d) General Authority.--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.
       (e) Rules of Construction.--Nothing in this section shall 
     be construed to--
       (1) prevent a State from promulgating regulations to 
     protect 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 promulgating regulations to permit 
     the State to decline to pay for the performance of abortions; 
     or
       (3) prevent a State from promulgating regulations to 
     require a minor to involve a parent, guardian, or other 
     responsible adult before terminating a pregnancy;

     so long as such regulations meet constitutional standards.

     SEC. 205. FAIRNESS IN INSURANCE.

       Notwithstanding any other provision of law, no Federal law 
     shall be construed to prohibit a health plan from offering 
     coverage for the full range of reproductive health care 
     services, including abortion services.

     SEC. 206. REPRODUCTIVE RIGHTS OF WOMEN IN THE MILITARY.

       Section 1093 of title 10, United States Code, is amended--
       (1) in subsection (a), by inserting before the period the 
     following: ``or in a case in which the pregnancy involved is 
     the result of an act of rape or incest or the abortion 
     involved is medically necessary or appropriate'';
       (2) by striking subsection (b); and
       (3) 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.''.

     SEC. 207. REPEAL OF CERTAIN STATE CHILD HEALTH INSURANCE 
                   PROGRAM LIMITATIONS.

       (a) In General.--Section 2105(c) of the Social Security Act 
     (42 U.S.C. 1397ee(c)) is amended--
       (1) in paragraph (1), by striking ``, and any health'' and 
     all that follows through ``incest''; and
       (2) by striking paragraph (7).
       (b) Child Health Assistance.--Section 2110(a)(16) of the 
     Social Security Act (42 U.S.C. 1397jj(a)(16)) is amended by 
     striking ``only if'' and all that follows and inserting 
     ``services;''.

     SEC. 208. FUNDING FOR CERTAIN SERVICES FOR WOMEN IN PRISON.

       Sections 103 and 104 of title I of the Departments of 
     Commerce, Justice, and State, the Judiciary, and Related 
     Agencies Appropriations Act, 1999 (Public Law 105-277) are 
     repealed.

     SEC. 209. FUNDING FOR CERTAIN SERVICES FOR WOMEN IN THE 
                   DISTRICT OF COLUMBIA.

       Section 131 of the District of Columbia Appropriations Act, 
     1999 (Public Law 105-277) is repealed.

     SEC. 210. FUNDING FOR CERTAIN SERVICES FOR WOMEN UNDER THE 
                   FEHBP.

       Sections 509 and 510 of the Treasury and General Government 
     Appropriations Act, 1999 (Public Law 105-277) are repealed.
                                 ______