[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4721 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 4721

 To establish restrictions on the provision to minors of contraceptive 
drugs and devices through family planning projects under title X of the 
           Public Health Service Act, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 7, 1998

  Mr. Istook (for himself, Mr. Aderholt, Mr. Bachus, Mr. Barcia, Mr. 
     Blunt, Mr. Cannon, Mr. Coburn, Mr. Crane, Mr. Doolittle, Mr. 
Hostettler, Mr. King, Mr. Largent, Mr. Lewis of Kentucky, Mr. Manzullo, 
 Mrs. Myrick, Mr. Pitts, Mrs. Linda Smith of Washington, Mr. Smith of 
 New Jersey, and Mr. Weldon of Florida) introduced the following bill; 
            which was referred to the Committee on Commerce

_______________________________________________________________________

                                 A BILL


 
 To establish restrictions on the provision to minors of contraceptive 
drugs and devices through family planning projects under title X of the 
           Public Health Service Act, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Parental Notification Act of 1998''.

SEC. 2. REQUIREMENTS REGARDING PROVISION OF SERVICES TO MINORS THROUGH 
              FAMILY PLANNING PROJECTS UNDER TITLE X OF PUBLIC HEALTH 
              SERVICE ACT.

    (a) Notwithstanding any other provision of law, no provider of 
services under title X of the Public Health Service Act (42 U.S.C. 300 
et seq.) shall be exempt from any State law requiring notification or 
the reporting of child abuse, child molestation, sexual abuse, rape, or 
incest.
    (b) None of the funds appropriated for any fiscal year for carrying 
out title X of the Public Health Service Act (42 U.S.C. 300 et seq.) 
may be made available to any family planning project under section 1001 
of such title if any provider of services in the project knowingly 
provides contraceptive drugs or devices to a minor, unless--
            (1) such provider of services has given actual written 
        notice to a custodial parent or custodial legal guardian of the 
        minor, notifying the parent or legal guardian of the intent to 
        provide the drugs or devices, at least five business days 
        before providing the drugs or devices; or
            (2) the minor has the written consent of a custodial parent 
        or custodial legal guardian to receive the drugs or devices; or
            (3) the minor is emancipated under applicable State law; or
            (4) a court of competent jurisdiction has directed that the 
        minor may receive the drugs or devices.
    (c)(1) The Secretary of Health and Human Services (in this section 
referred to as the ``Secretary'') shall require that each family 
planning project under section 1001 of title X of the Public Health 
Service Act (42 U.S.C. 300)--
            (A) expressly inform all minors who seek the services of 
        the project that abstinence is the only certain way to avoid 
        pregnancy, sexually transmitted diseases, and infection with 
        the human immunodeficiency virus; and
            (B) ensure that all individuals who provide counseling 
        services to minors through the project are trained to provide 
        to minors counseling that encourages the minors--
                    (i) to abstain from sexual activity;
                    (ii) to avoid being coerced into engaging in sexual 
                activities; and
                    (iii) to involve their parents in the decision to 
                seek family planning services.
    (2) The Secretary, acting through the Deputy Assistant Secretary 
for Population Affairs, shall carry out the following with respect to 
family planning projects referred to in paragraph (1):
            (A) The Secretary shall develop and disseminate to the 
        projects protocols for providing the counseling described in 
        paragraph (1)(B), including protocols for training individuals 
        to provide the counseling.
            (B) The Secretary shall ensure that such protocols include 
        protocols specific to younger adolescents.
            (C) In developing protocols under subparagraphs (A) and 
        (B), the Secretary shall consider the results of research under 
        title XX of the Public Health Service Act (42 U.S.C. 300z et 
        seq.).
    (d) Each provider of services under section 1001 of title X of the 
Public Health Service Act (42 U.S.C. 300) shall each year certify to 
the Secretary of Health and Human Services compliance with this 
section. Such Secretary shall prescribe such regulations as may be 
necessary to effectuate this section.
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