NOTE: This is a conceptual draft of a piece of legislation designed to divide the conservatives two major constituencies...people of faith and global corporations, put Republican's on the defensive on the abortion issue, give Democrats a platform to regain the high moral ground, and deepen support from women. It grew out of a question on Daily Kos and a string on Ruth's Group. It similar to but goes much farther than "prevention is the first step" legislation.
THE FETUS AND CHILD PROTECTION ACT
A draft conceptual bill for consideration by Democrats
Section 1. Purpose.
The purpose of the FCPA is to protect the unborn and provide every woman with all possible options to nurture her wanted fetus and bring it to term, give it a safe and healthy birth, and insure that every child is loved, desired and provided with the necessary physical, moral and spiritual sustenance to develop into a happy and productive American.
Section 2. Reproductive services to protect the sanctity of life
The FPCA provides funds for 10 years for pregnancy counseling, reproductive health services, pre-natal, post natal, early childhood education, maternity leave, paternity leave, and child care services.
(a) Pregnancy counseling
The FCPA provides funds in the amount of $10 billion per year for 10 years to public hospitals and clinics, operated by city, county and state governments, to provide men and women, and especially expectant mothers, with comprehensive information on all forms of reproductive health. Information must be provided by a registered nurse or nurses hired by the public hospital or clinic especially for this purpose. Care must be provided by a hospital or clinic employee on site and cannot be subcontracted to other organizations or private consultants. A minimum of one registered nurse must be on staff to provide reproductive information at all times. A registered midwife, hired by the hospital or clinic with funds provided under this act, must be available at all times to assist the reproductive health nurse. All applicable Federal laws must be followed in hiring, including active steps to prevent discrimination on the basis of race, creed, religion, sexual preference, and age. Information must be provided upon request provided to both men and women, who have the right to remain anonymous in their request and in receiving information.
(b) Reproductive health care
The FCPA authorizes $30 billion per year for 10 years will be provided to public hospitals and clinics operated by city, county or state governments to provide full and complete reproductive health services. All services shall be provided by licensed medical doctors, technicians, and registered nurses. Services provided shall be comprehensive, including elective procedures deemed by women and their doctors to be necessary for their health and welfare. Applicants who wish services to be provided anonymously will not be required to provide name-identifiable documentation.
(c). Pharmaceutical intervention to protect the sanctity of life
The FCPA recognizes that access to adequate over- the-counter and prescription medicine is necessary to prevent unwanted pregnancies and to protect the sanctity of life. Therefore, the act requires that pharmacists and other medical drug providers fill all prescriptions for reproductive health care supplies, including, but limited to, birth control pills and devices, morning after pills and injections, and any treatments and drugs prescribed by licensed physicians and midwives to protect the health of a fetus or mother or to prevent unwanted pregnancies. Failure to do so will result in suspension of the pharmacist’s license to dispense drugs, and, if continued, of the business license of any firm employing the offending pharmacist(s). The FCPA authorizes $100 million to enforce this provision through a hotline for complaints, and prosecution of lawbreakers.
(d) Pre-natal care
The FCPA authorizes $25 billion per year for 10 years for pre-natal care to insure the health and welfare of the unborn. Such care will be provided through Federal grants to public hospitals and clinics by licensed physicians and registered nurses and midwives hired in addition to the existing staff of the institution. Applicants may receive such care on request without regard to financial status, age, sexual orientation, or residency. Care must be provided onsite by public hospital and clinic employees; care cannot be contracted out or otherwise provided by non public employees. All Federal laws regarding non-discrimination on the basis race, creed, religion, sexual-orientation and age must be followed in hiring.
(e) Post-natal care
The FCPA authorizes $ 25 billion per year for 10 years for post-natal care to insure the health and welfare of the unborn. Such care will be provided through Federal grants to public hospitals and clinics by licensed physicians and registered nurses and midwives hired in addition to the existing staff of the institution. Applicants may receive such care on request without regard to financial status, age, sexual orientation, or residency. Denial of care, or failure to staff this care as provided in the Act is a felony under Federal law and require the forfeiture of all Federal grants and liability for citizen suits.
Section 3. Education and the spiritual, physical and mental health of children
(a) Early Childhood Education
The FCPA authorizes $50 billion per year for 10 years for early childhood education to insure the spiritual, physical and mental health of all children. Such care will be provided through Federal grants to public schools by licensed teachers hired in addition to the existing staff of the institution. Early childhood education may not be contracted out to non-profit, private, or charter schools. All Federal laws regarding non-discrimination on the basis race, creed, religion, sexual-orientation and age must be followed in hiring.
(b) Maternity and paternity leave
The FCPA recognizes that the spiritual and mental health of children is threatened by pressures on parents that require them to deny time to their children necessary to nurture their minds and values. Thus, the FCPA requires employers to grant paid maternity and paternity leave of no less than 6 month upon request by any mother or father to be. The job of the parent on leave must be retained for the parent and available upon their return. Costs of this leave will be reimbursed through funds authorized by the FCPA to corporations, partnerships, or other business entities with annual income of less than $10 million. Firms with annual incomes in excess of $10 million may apply for reimbursement through a tax deduction
(c). Child care
The FCPA recognizes that the spiritual and mental health of children, and their physical welfare are often compromised by work pressures on parents that unavoidable, but which require children to be left alone. The FCPA authorizes $50 billion a year for 10 years in grants to states, counties, and cities to establish free child care services. Employers who provide in-house child care may deduct the cost from their income taxes. Parents who pay child caretakers may deduct all or a portion of their childcare costs, on a sliding scale with income, from the Federal income taxes.
Section 4. Information and the Sanctity of life
The FCPA finds that unauthorized release of information about a woman, her pregnancy, her doctor or her unborn child may contribute to the unnecessary termination of a wanted pregnancy. Therefore, to protect the sanctity of life, all services are available to applicants, regardless of age, health status, or residency, on an anonymous basis if so requested. All medical providers receiving Federal funds are shielded from subpoenas and other information requests and may not release names of doctors, patients, or their records to public or private agencies, without written permission of the patients and their doctors. Coercion of patients to receive such permission is a felony under this act, punishable as set out in the US Federal Code.
Section 5. Coordination with other Federal Funds and Programs
(a) The FCPA overrides other Federal programs, including the relevant rules and provisions of Department of Education, USAID, the Office of Faith-Based Programs, Department of Health and Human Services, Department of Housing and Urban Affairs, the Executive Office, and ………When relevancy is doubt and questioned before a Federal judge, FCPA regulations shall prevail. Programs which provide funds to schools, private organizations, and public bodies that fail to provide full and comprehensive information on birth control, reproductive health, pre-and post natal care, and referrals for all reproductive procedures requested by applicants, are denied Federal funding, technical assistance or support.
(b) The FCPA requires that any medical provider, whether private, public or non profit or which is associated with a public, non profit, faith-based, or for-profit organization that fails to provide full and comprehensive reproductive information and services or referrals to full and comprehensive reproductive services, be declared ineligible for any Federal funds for any program, including those not associated with reproductive health, until they are found in compliance.
(c) Education and protection of the unborn
The FCPA recognizes that unwanted pregnancies often tragically result in unnecessary pregnancy termination. Therefore the Act seeks to eliminate Federal funding or encouragement of activities that encourage or result in unwanted pregnancies, especially those offered by schools and other educational institutions directly or indirectly receiving Federal Funds. The FCPA recognizes that providing men and women with the information and incentives to refrain from actions that lead to unwanted pregnancies is paramount to protecting the sanctity of life. Therefore, the FCPA denies federal funds to any school, educational program or institution, public, private, faith-based, charter or non-profit institution that offers or accepts educational programs that fail to provide information on a full range of contraception and reproductive health measures, or that encourage activities that can reasonably be expected to increase the risk of unwanted pregnancies, or discourage activities that can be reasonably expected to reduce the risk of unwanted pregnancies.
(d) Reproductive rights and protection of the unborn
The FPCA recognizes that a serious cause of unnecessary pregnancy terminations is fear due to a perceived lack of reproductive options, both present and future. The FPCA seeks to provide women with the confidence that all of their present and future reproductive rights and options are preserved in order to encourage them to carry pregnancies to term as often as possible. Therefore, all Federal laws and agency rules that limit a woman’s right to decide herself to or not to carry a fetus to term are superseded by the FPCA. The FPCA is declared in full compliance with the Supreme Court decisions protecting the privacy and rights of women, and especially of expectant mothers. The FPCA eliminates all Federal limits on medical providers who offer services required by women in exercising their constitutional rights, including the right to privacy in tacking actions they feel necessary to protect their fetus or to preserve their options for carrying a future wanted pregnancy to term. Further, the FPCA supersedes state or local legislation that limits a woman’s freedom to decide herself, to or not to carry a fetus to term.
Section 6. Funding for the sanctity of life under balanced budget principles
The FCPA recognizes that providing the described information and services necessary to protect the life of the unborn and insure the spiritual, mental and physical health of all American children, adequate funds must be authorized from the Federal budget, but that such authorizes must be balanced by enhanced revenue from other sources. To accomplish this, the FCPA establishes the Fetus and Child Protection Fund and authorizes that the following revenue streams be dedicated to its programs:
(a) The Runaway Corporate Minimum Tax
The FCPA requires that corporations chartered in the United States, but conducting substantial business or holding profits or assets outside of the United States pay a minimum tax of 5% on all gross revenue, foreign and domestic. Funds derived from this tax will be deposited in the Fetus and Child Protection Fund and used for the purposes specified in this act to protect the unborn and young children .
(b) The Excess Income Surcharge
The FCPA requires that individuals, trusts or partnerships earning in excess of $10 million pre-tax earned and unearned income pay a surcharge of 1% on all pre-tax income. This surcharge cannot be diminished by tax shelters or operating expenses or offset losses. Funds derived from this tax will be deposited in the Fetal and Child Protection Fund and used for the purposes specified in this act to protect the unborn and young children.
(c) The war profits surcharge
The FCPA requires that corporations earning in excess of $50 million in gross revenue from contracts with the Department of Defense or for activities in a zone of active conflict , or in support of United States armed forces or the overt or covert armed forces of another nation or non governmental entity pay a surcharge of 5% on all such pre-tax income. Funds derived from this tax will be deposited in the Fetal and Child Protection Fund and used for the purposes specified in this act to protect the unborn and young children.
Section 7. Redirection of Federal Funds.
All Federal funding, including that provided by the Executive, for programs that offer information on reproduction, childbearing, marriage, or related topics, but which fail to provide full and comprehensive reproductive health information including services made explicitly legal and available by Federal and Supreme Court decisions, will be redirected to FCPA programs and provided to institutions and organizations that meet the criteria of full and comprehensive reproductive information and services.
Section 8. Enforcement: citizen standing
The FPCA provides that, in addition to enforcement actions provided for in the USFC and budgeted for in this Act, any and all citizens have the right to bring action in Federal courts to compel any public, private or not for profit medical provider or educational institution receiving federal funds to provide full and comprehensive reproductive health information and services. Institutions and organizations found in non-compliance will be required to refund all Federal grants received during the standing Congress, and to pay the aggrieved citizen 3 times the cost of litigation, with no limits on the cost of the litigation.