To amend the General Education Provisions Act to prohibit Federal education funding for elementary or secondary schools that provide access to emergency postcoital contraception.

February 27, 2002

Ms. HART (for herself, Mr. PITTS, Mr. BROWN of South Carolina, Mr. RYUN of Kansas, Mr. GRUCCI, Mr. SMITH of New Jersey, Mr. BRADY of Texas, Mr. SHIMKUS, Mr. DEMINT, Mr. PICKERING, Mr. FORBES, Mr. BURTON of Indiana, Mr. SCHAFFER, Mr. BARTLETT of Maryland, Mr. SHOWS, Mr. SHADEGG, Mr. TANCREDO, Mr. MANZULLO, Mr. TIAHRT, Mr. STEARNS, Mr. WELDON of Florida, Mr. PAUL, Mr. TERRY, Mr. VITTER, Mr. ARMEY, Mr. ROGERS of Michigan, Mrs. MYRICK, Mr. AKIN, Mr. SOUDER, Mr. BOOZMAN, Mr. LINDER, Mr. DOOLITTLE, Mr. CHABOT, Mr. WILSON of South Carolina, Mr. HOSTETTLER, Mr. GOODE, Mr. FLAKE, Mr. HOEKSTRA, Mr. ADERHOLT, Mr. GUTKNECHT, Mr. ISTOOK, Mr. TOOMEY, Mr. FLETCHER, and Mr. SENSENBRENNER) introduced the following bill; which was referred to the Committee on Education and the Workforce

To amend the General Education Provisions Act to prohibit Federal education funding for elementary or secondary schools that provide access to emergency postcoital contraception.

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 `Schoolchildren's Health Protection Act'.

SEC. 2. SCHOOLCHILDREN'S HEALTH PROTECTION.

The General Education Provisions Act (20 U.S.C. 1221 et seq.) is amended by adding at the end the following new part:

`PART E--SCHOOLCHILDREN'S HEALTH PROTECTION

`SEC. 461. LIMITATION ON FUNDING.

`Notwithstanding any other provision of Federal law, no funds shall be made available from any applicable program to a State educational agency or local educational agency that distributes or provides to an unemancipated minor, on the premises or in the facilities of an elementary school or secondary school, postcoital emergency contraception (such as the so-called `morning-after pill') or a prescription for such contraception.

`SEC. 462. DEFINITIONS.

`In this part:

`(1) The term `postcoital emergency contraception' means any of the regimens described in the notice entitled `Prescription Drug Products; Certain Combined Oral Contraceptives for Use as Postcoital Emergency Contraception', published in the Federal Register on February 25, 1997 (62 FR 8610), or any subsequent corresponding notice.

`(2) The term `unemancipated minor' means an unmarried individual under 18 years old who is--

`(A) a dependent (as defined in section 152(a) of the Internal Revenue Code of 1986); and

`(B) not emancipated under an applicable State law.'.

END