IIA

103D CONGRESS

1ST SESSION H. R. 670

IN THE SENATE OF THE UNITED STATES

MARCH 26 (legislative day, MARCH 3), 1993

Received; read twice and referred to the Committee on Labor and Human

Resources

AN ACT

To require the Secretary of Health and Human Services

to ensure that pregnant women receiving assistance

under title X of the Public Health Service Act are provided with information and counseling regarding their

pregnancies, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Family Planning

5 Amendments Act of 1993’’.
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1 SEC. 2. PROJECT GRANTS AND CONTRACTS FOR FAMILY

2 PLANNING SERVICES.

3 (a) REQUIRING CERTAIN NONDIRECTIVE COUNSEL4 ING AND REFERRAL SERVICES.—Section 1001 of the

5 Public Health Service Act (42 U.S.C. 300) is amended—

6 (1) by redesignating subsections (b) through (d)

7 as subsections (d) through (f), respectively; and

8 (2) by inserting after subsection (a) the follow9 ing subsection:

10 ‘‘(b)(1) The Secretary may not make an award of a

11 grant or contract under this section unless the applicant

12 for the award agrees that the family planning project in13 volved will provide to individuals information regarding

14 pregnancy management options upon request of the indi15 viduals, and that such information will be provided only

16 through individuals holding professional degrees in medi17 cine or osteopathic medicine, nursing, clinical psychology,

18 the allied health professions, or social work, through indi19 viduals meeting such other criteria as the Secretary deter20 mines to be appropriate for providing such information,

21 or through individuals allowed under State law to provide

22 such information.

23 ‘‘(2) With respect to compliance with the agreement

24 made under paragraph (1), the family planning project in25 volved, and any provider of services in the project, may
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1 not be required to provide information regarding a preg2 nancy management option if—

3 ‘‘(A) the project or provider (as the case may

4 be) objects to doing so on grounds of religious be5 liefs or moral convictions; and

6 ‘‘(B) the project refers the individual seeking

7 services to another provider in the project, or to an8 other project in the geographic area involved, as the

9 case may be, that will provide such information.

10 ‘‘(3) For purposes of this subsection, the term ‘infor11 mation regarding pregnancy management options’ means

12 nondirective counseling and referrals regarding—

13 ‘‘(A) prenatal care and delivery;

14 ‘‘(B) infant care, foster care, and adoption; and

15 ‘‘(C) termination of pregnancy.’’.

16 (b) COMPLIANCE WITH STATE LAWS ON PARENTAL

17 NOTIFICATION AND CONSENT.—Section 1008 of the Pub18 lic Health Service Act (42 U.S.C. 300a–6) is amended by

19 inserting ‘‘(a)’’ before ‘‘None’’ and by adding at the end

20 the following:

21 ‘‘(b)(1) No public or nonprofit entity that performs

22 abortions may receive an award of a grant or contract

23 under section 1001 unless the entity has certified to the

24 Secretary that the entity is in compliance with State law

25 regarding parental notification of or consent for the per-
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1 formance of an abortion on a minor which is enforced in

2 the State in which the entity is located.

3 ‘‘(2) Paragraph (1) shall not be construed to require

4 or prohibit a State’s adoption of parental notification or

5 parental consent laws regarding the performance of an

6 abortion on a minor, or to require or prohibit the enforce7 ment by a State of such laws.’’.

8 (c) INFORMATION ON CONDOMS.—Section 1001 of

9 the Public Health Service Act, as amended by subsection

10 (a) of this section, is amended by inserting after sub11 section (b) the following subsection:

12 ‘‘(c) The Secretary may not make an award of a

13 grant or contract under this section unless the applicant

14 for the award agrees that the family planning project in15 volved will—

16 ‘‘(1) distribute only those condoms meeting cur17 rent requirements for quality control and labeling,

18 and any subsequently developed standards, estab19 lished by the Food and Drug Administration for the

20 prevention of pregnancy and the prevention of the

21 transmission of sexually transmitted diseases; and

22 ‘‘(2) advise individuals of the benefits of the

23 proper use of condoms, of the extent of risk that still

24 exists with condom usage, and of the fact that

25 condoms currently available do not completely elimi-
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1 nate the risk of pregnancy or the transmission of

2 sexually transmitted diseases.’’.

3 (d) AUTHORIZATION OF APPROPRIATIONS.—Section

4 1001(f) of the Public Health Service Act, as redesignated

5 by subsection (a) of this section, is amended to read as

6 follows:

7 ‘‘(f) For the purpose of grants and contracts under

8 this section, there are authorized to be appropriated

9 $220,000,000 for fiscal year 1994, and $250,000,000 for

10 fiscal year 1995.’’.

11 SEC. 3. AUTHORIZATION OF APPROPRIATIONS FOR TRAIN12 ING GRANTS AND CONTRACTS.

13 Section 1003(b) of the Public Health Service Act (42

14 U.S.C. 300a–1(b)) is amended to read as follows:

15 ‘‘(b) For the purpose of grants and contracts under

16 subsection (a), there are authorized to be appropriated

17 $6,250,000 for fiscal year 1994, and $7,000,000 for fiscal

18 year 1995.’’.

19 SEC. 4. AUTHORIZATION OF APPROPRIATIONS FOR INFOR20 MATIONAL AND EDUCATIONAL MATERIALS.

21 Section 1005(b) of the Public Health Service Act (42

22 U.S.C. 300a–3(b)) is amended to read as follows:

23 ‘‘(b) For the purpose of grants and contracts under

24 subsection (a), there are authorized to be appropriated
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1 $12,000,000 for fiscal year 1994, and $13,500,000 for fis2 cal year 1995.’’.

3 SEC. 5. SENSE OF CONGRESS; REQUIREMENT REGARDING

4 NOTICE.

5 (a) SENSE OF CONGRESS REGARDING PURCHASE OF

6 AMERICAN-MADE EQUIPMENT AND PRODUCTS.—In the

7 case of any equipment or products that may be authorized

8 in title X of the Public Health Service Act to be purchased

9 with an award of a grant or contract under such title, it

10 is the sense of the Congress that entities receiving such

11 an award should in expending the award purchase only

12 American-made equipment and products.

13 (b) NOTICE TO RECIPIENTS OF AWARDS.—In making

14 awards of grants and contracts under title X of the Public

15 Health Service Act, the Secretary of Health and Human

16 Services shall provide to each recipient of such an award

17 a notice describing the statement made in subsection (a)

18 by the Congress.

19 SEC. 6. EFFECTIVE DATE.

20 This Act and the amendments made by this Act take

21 effect upon the date of the enactment of this Act.

Passed the House of Representatives March 25,

1993.

Attest: DONNALD K. ANDERSON,

Clerk.