I
106TH CONGRESS
1ST SESSION
H. R. 2511
To amend the Public Health Service Act to make grants to carry out certain
activities toward promoting adoption counseling, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 14, 1999
Mr. DEMINT (for himself, Mr. BLILEY, Mr. DELAY, Mr. WATTS of Oklahoma,
Mr. OBERSTAR, Mr. LAFALCE, Mr. SHOWS, Mr. LARGENT, Mr. WELDON
of Florida, Mr. SMITH of New Jersey, Mr. PITTS, Mr. MCINTOSH, Mr.
SPENCE, Mrs. MYRICK, Mr. JONES of North Carolina, Mr. TERRY, Mr.
LATOURETTE, Mr. ADERHOLT, Mr. GARY MILLER of California, Mr.
POMBO, Mr. DOOLITTLE, Mr. CHABOT, Mr. TANCREDO, Mr. RYUN of
Kansas, Mr. HILLEARY, and Mr. PICKERING) introduced the following
bill; which was referred to the Committee on Commerce
A BILL
To amend the Public Health Service Act to make grants
to carry out certain activities toward promoting adoption
counseling, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Adoption Awareness
Act of 1999’’.
SEC. 2. GRANTS FOR CERTAIN ACTIVITIES TOWARD PRO-
MOTING ADOPTION COUNSELING.
Subpart I of part D of title III of the Public Health
Service Act (42 U.S.C. 254b et seq.) is amended by adding
at the end the following section:
‘‘SEC. 330D. CERTAIN SERVICES FOR PREGNANT WOMEN.
‘‘(a) ADOPTION COUNSELING.—
‘‘(1) IN GENERAL.—The Secretary shall make
grants to national adoption organizations for the
purpose of developing and implementing programs to
train the staff of eligible health centers in providing
adoption counseling to pregnant women and infertile
married couples. With respect to such a grant—
‘‘(A) a national adoption organization may
expend the grant to carry out the programs di-
rectly or through grants to or contracts with
other adoption organizations;
‘‘(B) the purposes for which the national
adoption organization expends the grant may
include the development of a training cur-
riculum; and
‘‘(C) a condition for the receipt of the
grant is that, with respect to an eligible health
center for which such training is to be provided,
the national adoption organization agree to
make reasonable efforts—
‘‘(i) to provide such training at the
center or at a site that is near the center;
and
‘‘(ii) to provide the training through
individuals who are experienced in pro-
viding adoption counseling in the geo-
graphic area in which the center is located.
‘‘(2) 
ADOPTION
ORGANIZATIONS; 
ELIGIBLE
HEALTH CENTERS; OTHER DEFINITIONS.—For pur-
poses of this section:
‘‘(A) The term ‘adoption organization’
means an organization—
‘‘(i) whose primary purpose is the pro-
motion of adoption;
‘‘(ii) that is knowledgeable on the
process for adopting a child and on pro-
viding adoption counseling to pregnant
women; and
‘‘(iii) that is a nonprofit private enti-
ty.
‘‘(B) The term ‘eligible health centers’
means public and nonprofit private entities that
provide health-related services to pregnant
women.
‘‘(C) The term ‘married couples’ means
couples who have entered into marriage as de-
fined in section 7 of title 1, United States Code.
‘‘(3) 
TRAINING
FOR
CERTAIN
ELIGIBLE
HEALTH CENTERS.—A condition for the receipt of a
grant under paragraph (1) is that the national adop-
tion organization involved agree to make reasonable
efforts to ensure that the eligible health centers with
respect to which training under the grant is provided
include—
‘‘(A) eligible health centers that receive
grants under section 1001 (relating to vol-
untary family planning projects);
‘‘(B) eligible health centers that receive
grants under section 330 (relating to commu-
nity health centers, migrant health centers, and
centers regarding homeless individuals and resi-
dents of public housing);
‘‘(C) eligible health centers that receive
grants under this Act for the provision of serv-
ices in schools; and
‘‘(D) eligible health centers that do not
perform or make referrals for abortions, or pro-
vide or make referrals for counseling that pre-
sents abortion as an option.
‘‘(4) PARTICIPATION
OF
CERTAIN
ELIGIBLE
HEALTH CLINICS.—In the case of eligible health cen-
ters that receive grants under section 330 or 1001,
the Secretary shall provide for the training of the
staff of such centers through the program under
paragraph (1), subject to subsection (c)(4).
‘‘(b) 
REQUIREMENTS
REGARDING
FEDERALLY-
FUNDED FAMILY PLANNING SERVICES.—The Secretary
shall require that each program providing voluntary family
planning services with a grant from the Secretary provide
nondirective counseling and referrals regarding—
‘‘(1) prenatal care and delivery;
‘‘(2) infant care;
‘‘(3) foster care; and
‘‘(4) adoption.
‘‘(c) RELIGIOUS ORGANIZATIONS.—
‘‘(1) IN
GENERAL.—Religious organizations
may receive grants under subsection (a) on the same
basis as any other nongovernmental provider without
impairing the religious character of such organiza-
tions, and without diminishing the religious freedom
of beneficiaries of assistance funded under such pro-
gram.
‘‘(2) NONDISCRIMINATION AGAINST RELIGIOUS
ORGANIZATIONS.—Religious organizations are eligi-
ble for grants under subsection (a) on the same
basis as any other nonprofit private entity as long
as the programs are implemented consistent with the
Establishment Clause of the United States Constitu-
tion. The Federal Government shall not discriminate
against an organization that applies to receive such
a grant on the basis that the organization has a reli-
gious character.
‘‘(3) RELIGIOUS CHARACTER AND FREEDOM.—
‘‘(A) RELIGIOUS ORGANIZATIONS.—A reli-
gious organization receiving a grant under sub-
section (a) shall retain its independence from
Federal, State, and local governments, includ-
ing such organization’s control over the defini-
tion, development, practice, and expression of
its religious beliefs.
‘‘(B) 
ADDITIONAL
SAFEGUARDS.—The
Federal Government shall not require a reli-
gious organization receiving a grant under sub-
section (a)—
‘‘(i) to alter its form of internal gov-
ernance; or
‘‘(ii) to remove religious art, icons,
scripture, or other symbols;
tion in, or receipt of funds from, a program carried
out with a grant under subsection (a).
‘‘(6) 
NONDISCRIMINATION
AGAINST
BENE-
FICIARIES.—Except as otherwise provided in law, a
religious organization shall not discriminate against
an individual in regard to providing services under
a grant under subsection (a) on the basis of religion,
a religious belief, or refusal to actively participate in
a religious practice.
‘‘(7) FISCAL ACCOUNTABILITY.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraph (B), any religious organization
receiving a grant under subsection (a) shall be
subject to the same regulations as other grant-
ees under such subsection to account in accord
with generally accepted auditing principles for
the expenditure of the grant.
‘‘(B) LIMITED AUDIT.—If a religious orga-
nization receiving a grant under subsection (a)
segregates the grant funds into separate ac-
counts, then only such funds shall be subject to
audit.
‘‘(8) COMPLIANCE.—Any party which seeks to
enforce its rights under this subsection may assert
a civil action for injunctive relief exclusively in an
appropriate State court against the entity or agency
that allegedly commits such violation.
‘‘(9) PREEMPTION.—Nothing in this subsection
shall be construed to preempt any provision of a
State constitution or State statute that prohibits or
restricts the expenditure of State funds in or by reli-
gious organizations.
‘‘(10) LIMITATIONS
ON
USE
OF
FUNDS
FOR
CERTAIN PURPOSES.—A grant under subsection (a)
may not be expended for sectarian worship, instruc-
tion, or proselytization.
‘‘(d) APPLICATION FOR GRANT.—The Secretary may
make a grant under subsection (a) only if an application
for the grant is submitted to the Secretary and the appli-
cation is in such form, is made in such manner, and con-
tains such agreements, assurances, and information as the
Secretary determines to be necessary to carry out this sec-
tion.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—For the
purpose of carrying out this section, there are authorized
to be appropriated $7,000,000 for fiscal year 2000, and
such sums as may be necessary for each of the fiscal years
2001 through 2004.’’.
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