I

103D CONGRESS

1ST SESSION H. R. 670

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.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 27, 1993

Mr. WAXMAN introduced the following bill; which was referred to the

Committee on Energy and Commerce

A BILL

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 (c) through (e), 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.

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

17 made under paragraph (1), the family planning project in18 volved, and any provider of services in the project, may

19 not be required to provide information regarding a preg20 nancy management option if—

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

22 be) objects to doing so on grounds of religious be23 liefs or moral convictions; and

24 ‘‘(B) the project or provider refers the individ25 ual seeking services to another provider in the

26 project, or to another project in the geographic area
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1 involved, as the case may be, that will provide such

2 information.

3 ‘‘(3) For purposes of this subsection, the term ‘infor4 mation regarding pregnancy management options’ means

5 nondirective counseling and referrals regarding—

6 ‘‘(A) prenatal care and delivery;

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

8 ‘‘(C) termination of pregnancy.’’.

9 (b) COMPLIANCE WITH STATE LAWS ON PARENTAL

10 NOTIFICATION AND CONSENT.—Section 1008 of the Pub11 lic Health Service Act (42 U.S.C. 300a–6) is amended by

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

13 the following:

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

15 abortions may receive an award of a grant or contract

16 under section 1001 unless the entity has certified to the

17 Secretary that the entity is in compliance with State law

18 regarding parental notification of or consent for the per19 formance of an abortion on a minor which is enforced in

20 the State in which the entity is located.

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

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

23 parental consent laws regarding the performance of an

24 abortion on a minor, or to require or prohibit the enforce25 ment by a State of such laws.’’.
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1 (c) AUTHORIZATION OF APPROPRIATIONS.—Section

2 1001(e) of the Public Health Service Act, as redesignated

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

4 follows:

5 ‘‘(e) For the purpose of grants and contracts under

6 this section, there are authorized to be appropriated

7 $220,000,000 for fiscal year 1994, and $250,000,000 for

8 fiscal year 1995.’’.

9 SEC. 3. AUTHORIZATION OF APPROPRIATIONS FOR TRAIN10 ING GRANTS AND CONTRACTS.

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

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

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

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

15 $6,250,000 for fiscal year 1994, and $7,000,000 for fiscal

16 year 1995.’’.

17 SEC. 4. AUTHORIZATION OF APPROPRIATIONS FOR INFOR18 MATIONAL AND EDUCATIONAL MATERIALS.

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

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

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

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

23 $12,000,000 for fiscal year 1994, and $13,500,000 for fis24 cal year 1995.’’.
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1 SEC. 5. SENSE OF CONGRESS; REQUIREMENT REGARDING

2 NOTICE.

3 (a) SENSE OF CONGRESS REGARDING PURCHASE OF

4 AMERICAN-MADE EQUIPMENT AND PRODUCTS.—In the

5 case of any equipment or products that may be authorized

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

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

8 is the sense of the Congress that entities receiving such

9 an award should in expending the award purchase only

10 American-made equipment and products.

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

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

13 Health Service Act, the Secretary of Health and Human

14 Services shall provide to each recipient of such an award

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

16 by the Congress.

17 SEC. 6. EFFECTIVE DATE.

18 This Act and the amendments made by this Act take

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

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