[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1382 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1382

  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 SENATE OF THE UNITED STATES

                             July 15, 1999

  Mr. McCain (for himself and Mr. Brownback) introduced the following 
  bill; which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 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 Representatives 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 PROMOTING 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 directly 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 curriculum; 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 providing 
                        adoption counseling in the geographic area in 
                        which the center is located.
            ``(2) Adoption organizations; eligible health centers; 
        other definitions.--For purposes of this section:
                    ``(A) The term `adoption organization' means an 
                organization--
                            ``(i) whose primary purpose is the 
                        promotion of adoption;
                            ``(ii) that is knowledgeable on the process 
                        for adopting a child and on providing adoption 
                        counseling to pregnant women; and
                            ``(iii) that is a nonprofit private entity.
                    ``(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 defined 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 adoption 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 voluntary family 
                planning projects);
                    ``(B) eligible health centers that receive grants 
                under section 330 (relating to community health 
                centers, migrant health centers, and centers regarding 
                homeless individuals and residents of public housing);
                    ``(C) eligible health centers that receive grants 
                under this Act for the provision of services in 
                schools; and
                    ``(D) eligible health centers that do not perform 
                or make referrals for abortions, or provide or make 
                referrals for counseling that presents abortion as an 
                option.
            ``(4) Participation of certain eligible health clinics.--In 
        the case of eligible health centers 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 organizations, and without diminishing the 
        religious freedom of beneficiaries of assistance funded under 
        such program.
            ``(2) Nondiscrimination against religious organizations.--
        Religious organizations are eligible 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 Constitution. The 
        Federal Government shall not discriminate against an 
        organization that applies to receive such a grant on the basis 
        that the organization has a religious character.
            ``(3) Religious character and freedom.--
                    ``(A) Religious organizations.--A religious 
                organization receiving a grant under subsection (a) 
                shall retain its independence from Federal, State, and 
                local governments, including such organization's 
                control over the definition, development, practice, and 
                expression of its religious beliefs.
                    ``(B) Additional safeguards.--The Federal 
                Government shall not require a religious organization 
                receiving a grant under subsection (a)--
                            ``(i) to alter its form of internal 
                        governance; or
                            ``(ii) to remove religious art, icons, 
                        scripture, or other symbols;
                in order to be eligible for a grant under subsection 
                (a).
            ``(4) Rights of beneficiaries of assistance.--
                    ``(A) In general.--If an individual described in 
                subparagraph (B) has an objection to the religious 
                character of the organization from which the individual 
                receives services pursuant to a grant under subsection 
                (a), the organization shall provide such individual, 
                within a reasonable period of time after the date of 
                such objection, with services from an alternative 
                provider that is accessible to the individual and the 
                value of which is not less than the value of the 
                services that the individual would have received from 
                such organization.
                    ``(B) Individual described.--An individual 
                described in this subparagraph is an individual who 
                receives, applies for, or requests to apply for, 
                services under a program carried out with a grant under 
                subsection (a).
            ``(5) Employment practices.--A religious organization's 
        exemption provided under section 702 of the Civil Rights Act of 
        1964 regarding employment practices shall not be affected by 
        its participation in, or receipt of funds from, a program 
        carried out with a grant under subsection (a).
            ``(6) Nondiscrimination against beneficiaries.--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 grantees under such 
                subsection to account in accord with generally accepted 
                auditing principles for the expenditure of the grant.
                    ``(B) Limited audit.--If a religious organization 
                receiving a grant under subsection (a) segregates the 
                grant funds into separate accounts, 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 religious organizations.
            ``(10) Limitations on use of funds for certain purposes.--A 
        grant under subsection (a) may not be expended for sectarian 
        worship, instruction, 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 application is in such form, is made in such manner, 
and contains such agreements, assurances, and information as the 
Secretary determines to be necessary to carry out this section.
    ``(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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