I 
118TH CONGRESS 
1ST SESSION 
H. R. 437 
To amend title X of the Public Health Service Act to require grant recipients 
to comply with all applicable State and local laws requiring notification 
or reporting of child abuse, child molestation, sexual abuse, rape, incest, 
intimate partner violence, or human trafficking, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 20, 2023 
Mr. SMUCKER (for himself, Mr. BANKS, and Mr. FEENSTRA) introduced the 
following bill; which was referred to the Committee on Energy and Commerce 
A BILL 
To amend title X of the Public Health Service Act to require 
grant recipients to comply with all applicable State and 
local laws requiring notification or reporting of child 
abuse, child molestation, sexual abuse, rape, incest, inti-
mate partner violence, or human trafficking, 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 ‘‘Reporting Account-
ability and Abuse Prevention Act of 2023’’. 
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SEC. 2. COMPLIANCE BY PROJECTS FUNDED UNDER TITLE 
X WITH STATE AND LOCAL SEXUAL ABUSE 
REPORTING REQUIREMENTS. 
Title X of the Public Health Service Act (42 U.S.C. 
300 et seq.) is amending by adding at the end the fol-
lowing: 
‘‘SEC. 1009. COMPLIANCE WITH STATE AND LOCAL SEXUAL 
ABUSE REPORTING REQUIREMENTS. 
‘‘(a) IN GENERAL.—As a condition on the award or 
renewal of a grant under this title for any project or pro-
gram, the Secretary shall require the grant recipient to 
comply with all applicable State and local laws requiring 
notification or reporting of child abuse, child molestation, 
sexual abuse, rape, incest, intimate partner violence, or 
human trafficking (in this section referred to as ‘State no-
tification laws’). 
‘‘(b) REQUIRED COMPLIANCE.—In ensuring compli-
ance with subsection (a) for a project or program, the 
grant recipient shall provide to the Secretary appropriate 
documentation or otherwise demonstrate to the Sec-
retary’s satisfaction that the grant recipient— 
‘‘(1) has in place and implements a plan to 
comply with State notification laws, including, at a 
minimum, policies and procedures that include— 
‘‘(A) a summary of obligations under State 
notification laws of the project or program, or 
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of each organization and individual carrying out 
the project or program, including any obligation 
to inquire about or determine the age of a 
minor patient or of a minor patient’s sexual 
partner; 
‘‘(B) timely and adequate annual training 
of all individuals (whether or not they are em-
ployees) serving patients for, or on behalf of, 
the project or program regarding— 
‘‘(i) compliance with State notification 
laws; 
‘‘(ii) policies and procedures of the 
project or program with respect to notifica-
tion and reporting of child abuse, child mo-
lestation, sexual abuse, rape, incest, inti-
mate partner violence, and human traf-
ficking; and 
‘‘(iii) appropriate interventions, strat-
egies, and referrals to improve the safety 
and current situation of the patient; 
‘‘(C) protocols to ensure that every minor 
who presents for treatment is provided coun-
seling on how to resist attempts to coerce the 
minor into engaging in sexual activities; and 
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‘‘(D) a commitment to conduct a prelimi-
nary screening of any minor who presents with 
a sexually transmitted disease, pregnancy, or 
any suspicion of abuse, in order to rule out vic-
timization of the minor; and 
‘‘(2) maintains records that demonstrate com-
pliance with each of the requirements set forth in 
paragraph (1) and— 
‘‘(A) indicate the age of minor patients; 
‘‘(B) document each notification or report 
made pursuant to State notification laws; and 
‘‘(C) indicate the age of the minor pa-
tient’s sexual partners if such age is an element 
of a State notification law under which a report 
is required. 
‘‘(c) REVIEW OF RECORDS.—As a condition on the 
award or renewal of a grant under this title for any project 
or program, a grant recipient shall agree to allow the Sec-
retary, the Inspector General of the Department of Health 
and Human Services, and the Comptroller General of the 
United States to review the records maintained by the 
grant recipient, including any contractor or subgrantee of 
the grant recipient, for the purpose of ensuring compliance 
with this section. 
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‘‘(d) PENALTIES FOR NONCOMPLIANCE.—The Sec-
retary shall— 
‘‘(1) if the Secretary finds that a grantee under 
this title has violated subsection (a), (b), or (c), 
work with the grantee to remedy such noncompli-
ance; and 
‘‘(2) if the Secretary finds that the grantee 
commits a subsequent violation of subsection (a), 
(b), or (c)— 
‘‘(A) seek repayment of all monetary Fed-
eral assistance received by the grantee under 
this title on or after the date of enactment of 
the Reporting Accountability and Abuse Pre-
vention Act of 2023; and 
‘‘(B) not award or provide any assistance 
under this title to the grantee for a period of 
at least 36 months following the date of finding 
that the grantee has committed such subse-
quent violation.’’. 
Æ 
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