[Congressional Record Volume 145, Number 123 (Tuesday, September 21, 1999)]
[Senate]
[Pages S11131-S11133]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. SANTORUM:
  S. 1605. 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; to the Committee on Health, 
Education, Labor, and Pensions.


                 THE WOMEN AND CHILDREN'S RESOURCES ACT

  Mr. SANTORUM. Mr. President, I rise today to introduce legislation 
that offers compassionate choices for women facing unplanned 
pregnancies. This bill, the Women and Children's Resources Act, 
establishes an $85 million formula grant program to provide pregnant 
women with alternatives to abortion.
  The Women and Children's Resources Act (WCRA) is modeled after a 
successful program in Pennsylvania, Project Women In Need (WIN). This 
program was created under the Administration of former Governor Robert 
Casey and implemented during the current Administration of Governor Tom 
Ridge. Project WIN has filled a critical void for women seeking support 
during this confusing and uncertain time. The centers often receive 500 
calls per week.
  This legislation is designed to meet the needs of women facing one of 
the most important decisions of their lives. WCRA is intended to link 
women to a network of supportive organizations who are ready and 
willing to offer assistance in the form of pregnancy testing, adoption 
information, prenatal and postpartum health care, maternity and baby 
clothing, food, diapers and information on childbirth and parenting. 
Women can also receive referrals for housing, education, and vocational 
training. This bill seeks to provide compassionate choices to women; it 
is an effort to reach out to women and let them know they do not have 
to face this decision alone.
  The bill directs federal funding to states through a formula based on 
the number of out-of-wedlock births and abortions in a state as 
compared to this sum for the nation. Upon receipt of this grant, states 
will select their prime contractors from the private sector to 
administer the program. The prime contractor will distribute Women and 
Children's Resources Grants to crisis pregnancy centers, maternity 
homes, and adoption services on a fee-for-service basis. Faith-based 
providers may also participate in the program, but they may not 
proselytize. Further, state-wide toll-free referral systems and other 
methods of advertisement will be established to make these services 
readily available to pregnant women and their children. Low-income 
women will be given priority for these services.
  Because WCRA seeks to offer alternatives to abortion, contractors and 
subcontractors which receive funding under this bill cannot promote, 
refer, or counsel for abortion. Further, these entities must be 
physically and financially separate from any entity which promotes, 
refers, or counsels for abortion.
  Mr. President, not every woman facing an unplanned pregnancy knows 
that supportive services exist. Many believe that the future they had 
planned is no longer achievable. They feel alone and abandoned. Often, 
they mistakenly believe that abortion is their only real choice. For 
this reason, WCRA offers compassionate, life-affirming choices and 
support. I urge my colleagues to join me in supporting this 
legislation.
  Finally, I ask unanimous consent that the text of this legislation 
appear in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1605

       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

[[Page S11132]]

     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

[[Page S11133]]

     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.
                                 ______