109th CONGRESS
2d Session
H. R. 6145
To provide for programs that reduce the need for abortion, help
women bear healthy children, and support new parents.
IN THE HOUSE OF REPRESENTATIVES
September 21, 2006
Mr. DAVIS of Tennessee (for himself, Mr. SMITH of New Jersey, Ms. KAPTUR,
Mr. LIPINSKI, Mr. ORTIZ, Mr. MELANCON, Mr. FORD, Mr. COSTELLO, Mr. PETERSON
of Minnesota, Mr. OBERSTAR, Mr. MCINTYRE, Mr. HOLDEN, Mr. BERRY, Mr. BOYD,
Mr. MARSHALL, Mr. KILDEE, Mr. KENNEDY of Minnesota, Mr. FITZPATRICK of Pennsylvania,
Mr. MOLLOHAN, Mr. TAYLOR of Mississippi, Mr. KING of New York, Mr. CLYBURN,
Mr. MURTHA, Mr. RYAN of Ohio, Mr. LANGEVIN, Ms. BORDALLO, and Mr. BARROW)
introduced the following bill; which was referred to the Committee on Energy
and Commerce, and in addition to the Committees on Education and the Workforce,
Ways and Means, and Agriculture, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
A BILL
To provide for programs that reduce the need for abortion, help
women bear healthy children, and support new parents.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the `Pregnant Women Support Act'.
(b) Table of Contents- The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I--COLLECTING AND REPORTING ABORTION SURVEILLANCE DATA
Sec. 101. Grants for collection and reporting of abortion surveillance
data.
Sec. 102. Report on reasons why women choose to have an abortion.
TITLE II--DISCLOSURE OF INFORMATION FOR ABORTION SERVICES
Sec. 201. Disclosure of information for abortion services.
TITLE III--MEDICAID AND SCHIP COVERAGE OF PREGNANT WOMEN AND UNBORN CHILDREN
Sec. 301. Codification of optional SCHIP coverage of unborn children.
Sec. 302. Coordination with the maternal and child health program.
Sec. 303. Increase in SCHIP income eligibility.
Sec. 304. Outreach program to encourage those eligible for services to
enroll.
TITLE IV--HEALTH INSURANCE COVERAGE FOR PREGNANT WOMEN AND NEWBORNS
Sec. 401. Individual health insurance coverage for pregnant women.
Sec. 402. Continuation of health insurance coverage for newborns.
TITLE V--INCREASING WOMEN'S KNOWLEDGE ABOUT THEIR PREGNANCY
Sec. 501. Grants to health centers for purchase of ultrasound equipment.
TITLE VI--SERVICES REGARDING POSITIVE TEST DIAGNOSIS OF DOWN SYNDROME
OR OTHER PRENATALLY DIAGNOSED CONDITIONS
Sec. 601. Services to patients receiving positive test diagnosis for down
syndrome or other prenatally diagnosed conditions.
TITLE VII--IDENTIFICATION AND TREATMENT OF DOMESTIC VIOLENCE AGAINST PREGNANT
WOMEN
Sec. 702. Separate program for domestic violence, dating violence, sexual
assault and stalking screening and treatments for pregnant women and new
mothers.
Sec. 703. Additional authorization of appropriations for public campaign
to increase public awareness.
Sec. 704. Homicide death certificates.
TITLE VIII--PUBLIC AWARENESS CAMPAIGN
Sec. 801. Grants for increasing public awareness of resources available
to assist pregnant women carrying their pregnancies to term and to assist
new parents.
TITLE IX--SUPPORT FOR PREGNANT AND PARENTING STUDENTS
Sec. 901. Support services for students of institutions of higher education.
Sec. 902. Child care for parenting students.
TITLE X--SUPPORT FOR PREGNANT AND PARENTING TEENS
Sec. 1001. Grants to States.
TITLE XI--FEDERALLY-FUNDED HOMES FOR PREGNANT AND PARENTING WOMEN; ADOPTION
COUNSELING; PARENTING SKILLS
Sec. 1101. Counseling requirements.
TITLE XII--EXPANSION OF ADOPTION CREDIT AND ADOPTION ASSISTANCE PROGRAMS
Sec. 1201. Expansion of adoption credit and adoption assistance programs.
TITLE XIII--PROVIDING SUPPORT TO NEW PARENTS
Sec. 1301. Increased support for WIC program.
Sec. 1302. Nutritional support for low-income parents.
Sec. 1303. Increased funding for the Child Care and Development Block
Grant program.
Sec. 1304. Teenage or first-time mothers; free home visits by registered
nurses for education on health needs of infants.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) There are 1.29 million abortions annually in America.
(2) 48 percent of all pregnancies in America are unintended. Excluding
miscarriages, 54 percent of unintended pregnancies end in abortion.
(3) 57 percent of women who have abortions have incomes below 200 percent
of the poverty level.
(4) `Cannot afford a baby' is the second most frequently cited reason
women choose to have an abortion; 73 percent of women having abortions
cited this reason as a contributing factor.
(5) This Act is an initiative to gather more complete information about
abortion, to reduce the abortion rate by helping women carry their pregnancies
to term and bear healthy children, and by affirming the right of women
to be fully informed about their other options when they seek an abortion.
(6) The initiative will work to support women facing unplanned pregnancies,
new parents and their children by providing comprehensive measures for
health care needs, supportive services and helpful prenatal information
and postnatal services.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) The term `Secretary' means the Secretary of Health and Human Services.
(2) The term `State' includes the 50 States, the District of Columbia,
the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana
Islands, American Samoa, Guam, the Virgin Islands, and any other territory
or possession of the United States.
TITLE I--COLLECTING AND REPORTING ABORTION SURVEILLANCE DATA
SEC. 101. GRANTS FOR COLLECTION AND REPORTING OF ABORTION SURVEILLANCE
DATA.
(a) Grants- The Secretary, acting through the Director of the Centers for
Disease Control and Prevention, may make grants to States for collecting
and reporting abortion surveillance data.
(b) Reporting Requirement-
(1) IN GENERAL- The Secretary may make a grant to a State under this section
only if the State agrees to submit a report in each of fiscal years 2008
and 2010 on the State's abortion surveillance data.
(2) CONTENTS- Each report submitted by a State under this subsection shall,
with respect to the preceding 2 fiscal years, include--
(A) the number and characteristics of women obtaining abortions in the
State; and
(B) the characteristics of these abortions, including the approximate
gestational age of the unborn child, the abortion method, and any known
physical or psychological complications.
(c) Confidentiality- The Secretary shall maintain the confidentiality of
any individually identifiable information reported to the Secretary under
this section.
(d) Report- Not later than the end of fiscal year 2010, the Secretary shall
submit a report to the Congress on the abortion surveillance data reported
to the Secretary under this section.
(e) Authorization of Appropriations- To carry out this section, there are
authorized to be appropriated such sums as may be necessary for each of
fiscal years 2006 through 2010.
SEC. 102. REPORT ON REASONS WHY WOMEN CHOOSE TO HAVE AN ABORTION.
The Secretary shall enter into an agreement with the Institute of Medicine
to study the reasons why women choose to have an abortion. The Secretary
shall ensure that a report from the Institute describing the findings of
the study is submitted to the Congress not later than January 10, 2010.
TITLE II--DISCLOSURE OF INFORMATION FOR ABORTION SERVICES
SEC. 201. DISCLOSURE OF INFORMATION FOR ABORTION SERVICES.
(a) In General- Health facilities that perform abortions in or affecting
interstate commerce shall obtain informed consent from the pregnant woman
seeking to have the abortion. Informed consent shall exist only after a
woman has voluntarily completed or opted not to complete pre-abortion counseling
sessions.
(b) Accurate Information- Counseling sessions under subsection (a) shall
include the following information:
(1) The probable gestational age and characteristics of the unborn child
at the time the abortion will be performed.
(2) How the abortion procedure is performed.
(3) Possible short-term and long-term risks and complications of the procedure
to be performed.
(4) Options or alternatives to abortion, including, but not limited to,
adoption, and the resources available in the community to assist women
choosing these options.
(5) The availability of post-procedure medical services to address the
risks and complications of the procedure.
(c) Medical Emergencies- In the case of a medical emergency consent is presumed.
A medical emergency is expressed as a condition which, on the basis of the
physician's good-faith clinical judgment, so complicate the medical condition
of a pregnant woman as to necessitate the immediate termination of her pregnancy
to avert her death or for which a delay will create a serious risk of substantial
and irreversible impairment of a major bodily function.
(1) CIVIL ACTION- Any female upon whom an abortion has been performed
or attempted without complying with the informed consent requirements
may bring a civil action in an appropriate district court of the United
States against the person who performed the abortion in knowing or reckless
violation of this section for actual and punitive damages.
(2) CERTAIN AUTHORITIES AND REQUIREMENTS- With respect to an action under
paragraph (1):
(A) The court may award attorney's fees to the plaintiff if judgment
is rendered in favor of the plaintiff, and may award attorney's fees
to the defendant if judgment is rendered in favor of the defendant and
the court finds that the plaintiff's case was frivolous and brought
in bad faith.
(B) The court shall determine whether the anonymity of the female involved
will be preserved from public disclosure if the female has not consented
to her identity being disclosed. If the female's identity is to be shielded,
the court shall issue an order sealing the record and excluding individuals
from the courtroom to preserve her identity.
(C) In the absence of the female's written consent, anyone other than
a public official who brings the action shall do so under a pseudonym.
(3) RULE OF CONSTRUCTION- Nothing in this subsection may be construed
to conceal the identity of the plaintiff or of the witnesses from the
defendant.
(e) Severability- If any provision of this section requiring informed consent
for abortions is found unconstitutional, the unconstitutional provision
is severable and the other provisions of this section remain in effect.
(f) Preemption- Nothing in this section shall prevent a State from enacting
and enforcing additional requirements with respect to informed consent.
TITLE III--MEDICAID AND SCHIP COVERAGE OF PREGNANT WOMEN AND UNBORN CHILDREN
SEC. 301. CODIFICATION OF OPTIONAL SCHIP COVERAGE OF UNBORN CHILDREN.
(a) In General- Section 2110(b) of the Social Security Act (42 U.S.C. 1397jj(b))
is amended by adding at the end the following new paragraph:
`(5) COVERAGE OF UNBORN CHILDREN- The terms `child' and `individual' include,
at the State option, an unborn child.'.
(b) Construction- Subsection (a) shall be construed as codifying the regulation
promulgated at Federal Register 61956 (October 2, 2002), relating to eligibility
for prenatal care and other health services for unborn children under SCHIP.
SEC. 302. COORDINATION WITH THE MATERNAL AND CHILD HEALTH PROGRAM.
(a) In General- Section 2102(b)(3) of the Social Security Act (42 U.S.C.
1397bb(b)(3)) is amended--
(1) in subparagraph (D), by striking `and' at the end;
(2) in subparagraph (E), by striking the period and inserting `; and';
and
(3) by adding at the end the following new subparagraph:
`(F) that operations and activities under this title are developed and
implemented in consultation and coordination with the program operated
by the State under title V in areas including outreach and enrollment,
benefits and services, service delivery standards, public health and
social service agency relationships, and quality assurance and data
reporting.'.
(b) Conforming Medicaid Amendment- Section 1902(a)(11) of such Act (42 U.S.C.
1396a(a)(11)) is amended--
(1) by striking `and' before `(C)'; and
(2) by inserting before the semicolon at the end the following: `, and
(D) provide that operations and activities under this title are developed
and implemented in consultation and coordination with the program operated
by the State under title V in areas including outreach and enrollment,
benefits and services, service delivery standards, public health and social
service agency relationships, and quality assurance and data reporting'.
(c) Effective Date- The amendments made by this section take effect on January
1, 2007.
SEC. 303. INCREASE IN SCHIP INCOME ELIGIBILITY.
(a) Definition of Low-Income Child- Section 2110(c)(4) of the Social Security
Act (42 U.S.C. 42 U.S.C. 1397jj(c)(4)) is amended by striking `200' and
inserting `250'.
(b) Effective Date- The amendment made by subsection (a) applies to child
health assistance provided and allotments determined under section 2104
of the Social Security Act (42 U.S.C. 1397dd) for fiscal years beginning
with fiscal year 2007.
SEC. 304. OUTREACH PROGRAM TO ENCOURAGE THOSE ELIGIBLE FOR SERVICES TO
ENROLL.
The Secretary shall make such funds available as may be necessary to encourage
eligible pregnant women to enroll for services for their unborn children
under this title.
TITLE IV--HEALTH INSURANCE COVERAGE FOR PREGNANT WOMEN AND NEWBORNS
SEC. 401. INDIVIDUAL HEALTH INSURANCE COVERAGE FOR PREGNANT WOMEN.
(a) Limitation on Imposition of Pre-Existing Condition Exclusions and Waiting
Periods for Women With Prior Coverage- Title XXVII of the Public Health
Service Act is amended by inserting after section 2752 the following new
section:
`SEC. 2753. PROVIDING INDIVIDUAL HEALTH INSURANCE COVERAGE WITHOUT REGARD
TO PREEXISTING CONDITION EXCLUSION AND WAITING PERIODS FOR PREGNANT WOMEN
WITHIN ONE YEAR OF CONTINUOUS PRIOR COVERAGE.
`In the case of a woman who has had at least 12 months of creditable coverage
before seeking individual health insurance coverage, such individual health
insurance coverage, and the health insurance issuer offering such coverage,
may not impose any preexisting condition exclusion relating to pregnancy
as a preexisting condition, any waiting period, or otherwise discriminate
in coverage or premiums against the woman on the basis that she is pregnant.'.
(b) Effective Date- The amendment made by subsection (a) shall take effect
on January 1, 2007, and shall apply to women who become pregnant on or after
such date.
SEC. 402. CONTINUATION OF HEALTH INSURANCE COVERAGE FOR NEWBORNS.
(a) Group Health Plan Coverage- Title XXVII of the Public Health Service
Act is amended by inserting after section 2706 the following new section:
`SEC. 2707. CONTINUATION OF COVERAGE FOR NEWBORNS.
`(a) Notification- In the case of a pregnant woman who is covered under
a group health plan, or under group health insurance coverage, for other
than family coverage, the plan or issuer of the insurance shall provide
notice to the woman during the 5th month of pregnancy, during the 8th month
of pregnancy, and within 2 weeks after delivery, of the woman's option to
provide continuing coverage of the newborn child under the group health
plan or health insurance coverage under subsection (b).
`(b) Option of Continued Coverage for Newborns- In the case of a pregnant
woman described in subsection (a) who has a newborn child under a group
health plan or under group health insurance coverage, the plan or issuer
offering the coverage shall provide the woman with the option of electing
coverage of the newborn child at least through the end of the 30-day period
beginning on the date of birth of the child and no waiting period or preexisting
condition exclusion shall apply with respect to the coverage of such a newborn
child under such plan or coverage. Such continuation coverage shall remain
in effect, subject to payment of applicable premiums, for at least such
period as the Secretary specifies.'.
(b) Individual Health Insurance Coverage- Such title is further amended
by inserting after section 2753, as added by section 401, the following
new section:
`SEC. 2754. CONTINUATION OF COVERAGE FOR NEWBORNS.
`The provisions of section 2707 shall apply with respect to individual health
insurance coverage and the issuer of such coverage in the same manner as
they apply to group health insurance coverage and the issuer of such coverage.'.
(c) Effective Date- The amendments made by this section shall take effect
on January 1, 2007, and shall apply to women who become pregnant on or after
such date and children who are born of such women.
TITLE V--INCREASING WOMEN'S KNOWLEDGE ABOUT THEIR PREGNANCY
SEC. 501. GRANTS TO HEALTH CENTERS FOR PURCHASE OF ULTRASOUND EQUIPMENT.
Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.)
is amended by inserting after section 317L the following:
`SEC. 317L-1. GRANTS FOR THE PURCHASE OR UPGRADE OF ULTRASOUND EQUIPMENT.
`(a) In General- The Secretary may make grants for the purchase of ultrasound
equipment. Such ultrasound equipment shall be used by the recipients of
such grants to provide, under the direction and supervision of a licensed
medical physician, ultrasound examinations to pregnant women consenting
to such services.
`(b) Eligibility Requirements- An entity may receive a grant under subsection
(a) only if the entity meets the following conditions:
`(1) The entity is a health center eligible to receive a grant under section
330 of the Public Health Service Act (relating to community health centers,
migrant health centers, homeless health centers, and public-housing health
centers).
`(2) The entity agrees to comply with the following medical procedures:
`(A) The entity will inform each pregnant woman upon whom the ultrasound
equipment is used that she has the right to view the visual image of
the unborn child from the ultrasound examination and that she has the
right to hear a general anatomical and physiological description of
the characteristics of the unborn child.
`(B) The entity will inform each pregnant woman that she has the right
to learn, according to the best medical judgment of the physician performing
the ultrasound examination or the physician's agent performing such
exam, the approximate age of the embryo or unborn child considering
the number of weeks elapsed from the probable time of the conception
of the embryo or unborn child, based upon the information provided by
the client as to the time of her last menstrual period, her medical
history, a physical examination, or appropriate laboratory tests.
`(c) Application for Grant- A grant may be made 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.
`(d) Annual Report to Secretary- A grant may be made under subsection (a)
only if the applicant for the grant agrees to report on an annual basis
to the Secretary, in such form and manner as the Secretary may require,
on the ongoing compliance of the applicant with the eligibility conditions
established in subsection (b).
`(e) Authorization of Appropriations- For the purpose of carrying out this
section, there are authorized to be appropriated $3,000,000 for fiscal year
2008, and such sums as may be necessary for each of the fiscal years 2009
and 2010.'.
TITLE VI--SERVICES REGARDING POSITIVE TEST DIAGNOSIS OF DOWN SYNDROME
OR OTHER PRENATALLY DIAGNOSED CONDITIONS
SEC. 601. SERVICES TO PATIENTS RECEIVING POSITIVE TEST DIAGNOSIS FOR DOWN
SYNDROME OR OTHER PRENATALLY DIAGNOSED CONDITIONS.
(a) Findings and Purposes-
(1) FINDINGS- The Congress finds as follows:
(A) Pregnant women who choose to undergo prenatal genetic testing should
have access to timely, scientific, and nondirective counseling about
the conditions being tested for and the accuracy of such tests, from
health care professionals qualified to provide and interpret these tests.
Informed consent is a critical component of all genetic testing.
(B) A recent, peer-reviewed study and two reports from the Centers for
Disease Control and Prevention on prenatal testing found a deficiency
in the data needed to understand the epidemiology of prenatally diagnosed
conditions, to monitor trends accurately, and to increase the effectiveness
of health intervention.
(2) PURPOSES- It is the purpose of this section, after the diagnosis of
an unborn child with Down syndrome or other prenatally diagnosed conditions,
to--
(A) increase patient referrals to providers of key support services
for women who have received a positive test diagnosis for Down syndrome,
or other prenatally diagnosed conditions, as well as to provide up-to-date,
science-based information about life-expectancy and development potential
for a child born with Down syndrome or other prenatally diagnosed condition;
(B) provide networks of support through a Centers for Disease Control
and Prevention patient and provider outreach program;
(C) improve available data by incorporating information directly revealed
by prenatal testing into existing State-based surveillance programs
for birth defects and prenatally diagnosed conditions; and
(D) ensure that patients receive up-to-date, scientific information
about the accuracy of the test.
(b) Amendment to the Public Health Service Act- Part P of title III of the
Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding
at the end the following:
`SEC. 399P. SUPPORT FOR PATIENTS RECEIVING A POSITIVE TEST DIAGNOSIS OF
DOWN SYNDROME OR OTHER PRENATALLY DIAGNOSED CONDITIONS.
`(a) Definitions- In this section:
`(1) DOWN SYNDROME- The term `Down syndrome' refers to a chromosomal disorder
caused by an error in cell division that results in the presence of an
extra whole or partial copy of chromosome 21.
`(2) HEALTH CARE PROVIDER- The term `health care provider' means any person
or entity required by State or Federal law or regulation to be licensed,
registered, or certified to provide health care services, and who is so
licensed, registered, or certified.
`(3) PRENATALLY DIAGNOSED CONDITION- The term `prenatally diagnosed condition'
means any fetal health condition identified by prenatal genetic testing
or prenatal screening procedures.
`(4) PRENATAL TEST- The term `prenatal test' means diagnostic or screening
tests offered to pregnant women seeking routine prenatal care that are
administered by a health care provider based on medical history, family
background, ethnic background, previous test results, or other risk factors.
`(b) Information and Support Services- The Secretary, acting through the
Director of the National Institutes of Health, the Director of the Centers
for Disease Control and Prevention, or the Administrator of the Health Resources
and Services Administration, may authorize and oversee certain activities,
including the awarding of grants, contracts or cooperative agreements, to--
`(1) collect, synthesize, and disseminate current scientific information
relating to Down syndrome or other prenatally diagnosed conditions; and
`(2) coordinate the provision of, and access to, new or existing supportive
services for patients receiving a positive test diagnosis for Down syndrome
or other prenatally diagnosed conditions, including--
`(A) the establishment of a resource telephone hotline and Internet
Website accessible to patients receiving a positive test result;
`(B) the establishment of a clearinghouse of scientific information,
clinical course, life expectancy and development potential relating
to Down syndrome or other prenatally diagnosed conditions;
`(C) the establishment of national and local peer-support programs;
`(D) the establishment of a national registry, or network of local registries,
of families willing to adopt newborns with Down syndrome or other prenatally
diagnosed conditions, and links to adoption agencies willing to place
babies with Down syndrome or other prenatally diagnosed conditions,
with families willing to adopt; and
`(E) the establishment of awareness and education programs for health
care providers who provide the results of prenatal tests for Down syndrome
or other prenatally diagnosed conditions, to patients, consistent with
the purpose described in section 2(b)(1) of the Prenatal Diagnosis Support
Act.
`(1) PROVISION OF ASSISTANCE- The Secretary, acting through the Director
of the Centers for Disease Control and Prevention, shall provide assistance
to State and local health departments to integrate the results of prenatal
testing into State-based vital statistics and birth defects surveillance
programs.
`(2) ACTIVITIES- The Secretary shall ensure that activities carried out
under paragraph (1) are sufficient to extract population-level data relating
to national rates and results of prenatal testing.
`(d) Provision of Information by Providers- Upon receipt of a positive test
result from a prenatal test for Down syndrome or other prenatally diagnosed
conditions performed on a patient, the health care provider involved (or
his or her designee) shall provide the patient with the following:
`(1) Up-to-date, scientific, written information concerning the life expectancy,
clinical course, and intellectual and functional development and treatment
options for an unborn child diagnosed with or child born with Down syndrome
or other prenatally diagnosed conditions.
`(2) Referral to supportive services providers, including information
hotlines specific to Down syndrome or other prenatally diagnosed conditions,
resource centers or clearinghouses, and other education and support programs
as described in subsection (b)(2).
`(1) IN GENERAL- Notwithstanding subsections (c) and (d), nothing in this
section shall be construed to permit or require the collection, maintenance,
or transmission, without the health care provider obtaining the prior,
written consent of the patient, of--
`(A) health information or data that identify a patient, or with respect
to which there is a reasonable basis to believe the information could
be used to identify the patient (including a patient's name, address,
healthcare provider, or hospital); and
`(B) data that are not related to the epidemiology of the condition
being tested for.
`(2) GUIDANCE- Not later than 180 days after the date of enactment of
this section, the Secretary shall establish guidelines concerning the
implementation of paragraph (1) and subsection (d).
`(1) IMPLEMENTATION REPORT- Not later than 2 years after the date of enactment
of this section, and every 2 years thereafter, the Secretary shall submit
a report to Congress concerning the implementation of the guidelines described
in subsection (e)(2).
`(2) GAO REPORT- Not later than 1 year after the date of enactment of
this section, the Government Accountability Office shall submit a report
to Congress concerning the effectiveness of current healthcare and family
support programs serving as resources for the families of children with
disabilities.
`(g) Authorization of Appropriations- There is authorized to be appropriated
to carry out this section $5,000,000 for each of the fiscal years 2007 through
2011.'.
TITLE VII--IDENTIFICATION AND TREATMENT OF DOMESTIC VIOLENCE AGAINST PREGNANT
WOMEN
SEC. 701. FINDINGS.
The Congress finds as follows:
(1) Pregnant and recently pregnant women are more likely to be victims
of homicide than to die of any other causes, and evidence exists that
a significant proportion of all female homicide victims are killed by
their intimate partners.
(2) A 2001 study published by the Journal of the American Medical Association
found that murder is the number one cause of death among pregnant women.
(3) Research suggests that injury related deaths, including homicide and
suicide, account for approximately one-third of all maternal mortality
cases, while medical reasons make up the rest. Homicide is the leading
cause of death overall for pregnant women, followed by cancer, acute and
chronic respiratory conditions, motor vehicle collisions and drug overdose,
peripartum and postpartum cardiomyopthy, and suicide.
SEC. 702. SEPARATE PROGRAM FOR DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL
ASSAULT AND STALKING SCREENING AND TREATMENTS FOR PREGNANT WOMEN AND NEW
MOTHERS.
(a) Allotments- For the purpose described in subsection (b), the Secretary
shall, for fiscal year 2007 and each subsequent fiscal year, allot to each
State that has transmitted an application for the fiscal year under section
505(a) of the Social Security Act an amount equal to the product of--
(1) the amount appropriated under subsection (d) for the fiscal year;
and
(2) the percentage determined for the State under section 502(c)(1)(B)(ii)
of such Act.
(b) Purpose- The purpose of an allotment under subsection (a) with respect
to a State is to enable the State to provide services to pregnant women
who want to carry their child to term and mothers of children up to one
year old who are victims of domestic violence, dating violence, sexual assault,
or stalking; identification and treatment of pregnant women who want to
carry their children to term and mothers of children up to one year old,
including the provision of domestic violence, dating violence, sexual assault,
or stalking identification, treatment services, to identify increasing the
number of persons identified, assessed, treated, and referred, for, such
victims; and to train health care professionals, and behavioral and public
health staff, on how to identify and respond to adult and minor patients
experiencing domestic violence, dating violence, sexual assault, or stalking.
Such training shall include--
(1) identifying patients of clients experiencing domestic violence, dating
violence, sexual assault, or stalking;
(2) assessing the immediate and short-term safety of the patient or client,
the impact of the abuse on the health of the patient, and assisting the
patient in developing a plan to promote his or her safety;
(3) examining and treating such patients or clients within the scope of
the health professional's discipline, training, and practice (including
providing medical advice regarding the dynamics and nature of domestic
violence, dating violence sexual assault, or stalking);
(4) maintaining complete medical or forensic records that include the
documentation of the examination, treatment given, and referrals made,
and recording the location and nature of the victim's injuries, and establishing
mechanisms to ensure the privacy and confidentiality of those medical
records;
(5) referring the patient or client to public and private nonprofit entities
that provide services for such victims; and
(6) ensuring that all services are provided in a linguistically and culturally
relevant manner.
(c) Application of Provisions-
(1) IN GENERAL- Sections 503, 507, and 508 of the Social Security Act
apply to allotments under subsection (a) to the same extent and in the
same manner as such sections apply to allotments under section 502(c)
of such Act.
(2) SECRETARIAL DISCRETION- Sections 505 and 506 of the Social Security
Act apply to allotments under subsection (a) to the extent determined
by the Secretary to be appropriate.
(d) Authorization of Appropriations- For the purpose of making allotments
under subsection (a), there are authorized to be appropriated $4,000,000
for each of the fiscal years 2007 through 2011.
SEC. 703. ADDITIONAL AUTHORIZATION OF APPROPRIATIONS FOR PUBLIC CAMPAIGN
TO INCREASE PUBLIC AWARENESS.
Section 403(b) of Public Law 109-162 (119 Stat. 3023) is amended by striking
`such sums' and all that follows and inserting the following: `$3,000,000
for fiscal year 2007, and such sums as may be necessary for each of the
fiscal years 2008 through 2011.'.
SEC. 704. HOMICIDE DEATH CERTIFICATES.
Upon the enactment of this Act, each State shall, within one year after
the date of such enactment, require a pregnant `box check' on homicide death
certificates.
TITLE VIII--PUBLIC AWARENESS CAMPAIGN
SEC. 801. GRANTS FOR INCREASING PUBLIC AWARENESS OF RESOURCES AVAILABLE
TO ASSIST PREGNANT WOMEN CARRYING THEIR PREGNANCIES TO TERM AND TO ASSIST
NEW PARENTS.
(a) Grants- The Secretary may make grants to States to increase public awareness
of resources available to pregnant women who intend to carry their pregnancy
to term and to new parents.
(b) Use of Funds- The Secretary may make a grant to a State under this section
only if the State agrees to use the grant for the following:
(1) Identification of resources available to assist pregnant women who
intend to carry their pregnancy to term or to assist new parents, or both.
(2) Conducting an advertising campaign to increase public awareness of
such resources.
(3) Establishing and maintaining a toll-free telephone line to direct
people to--
(A) organizations that provide support services for pregnant women who
intend to carry their pregnancy to term;
(B) adoption centers; and
(C) organizations that provide support services to new parents.
(c) Prohibition- The Secretary shall prohibit each State receiving a grant
under this section from using the grant to direct people to an organization
or adoption center that is for-profit.
(d) Identification of Resources- The Secretary shall require each State
receiving a grant under this section to make publicly available by means
of the Internet (electronic and paper form) a list of the following:
(1) The resources identified pursuant to subsection (b)(1).
(2) The organizations and adoption centers to which people are directed
pursuant to an advertising campaign or telephone line funded under this
section.
(e) Authorization of Appropriations- The Secretary shall make such funds
available as may be necessary to carry out the activities of this section.
TITLE IX--SUPPORT FOR PREGNANT AND PARENTING STUDENTS
SEC. 901. SUPPORT SERVICES FOR STUDENTS OF INSTITUTIONS OF HIGHER EDUCATION.
(a) In General- The Secretary may make grants to public institutions of
higher education to carry out demonstration projects for the purpose of
providing services to assist both pregnant students who intend to carry
their pregnancy to term, including those anticipating adoption, and parenting
students in continuing their studies and graduating.
(b) Certain Requirements for Grantees- A grant may be made under subsection
(a) only if the institution of higher education involved agrees that the
institution--
(1) will provide the services through on-campus facilities; and
(2) will submit to the Secretary, for each fiscal year for which the grant
is provided, a report describing the activities carried out under the
grant and the effects of the activities on the students involved.
(c) Application for Grant- A grant may be made 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.
(d) Limitations on Amount of Grant- A grant under subsection (a) for a fiscal
year may not be made in an amount exceeding $25,000.
(e) Authorization of Appropriations- For the purpose of carrying out this
section, there are authorized to be appropriated $500,000 for each of the
fiscal years 2008 through 2011.
SEC. 902. CHILD CARE FOR PARENTING STUDENTS.
(a) Minimum Grant- Section 419N(b)(2)(B) of the Higher Education Act of
1965 (20 U.S.C. 1070e(b)(2)(B)) is amended by striking `$10,000' and inserting
`$30,000'.
(b) Definition of Low-Income Student- Section 419N(b)(7) of such Act is
amended to read as follows:
`(7) DEFINITION OF LOW-INCOME STUDENT- For the purpose of this section,
the term `low-income student' means a student whose income is at or up
to 200 percent of the poverty level.'.
(c) Authorization of Appropriations- Section 419N(g) of such Act is amended
by striking `$45,000,000 for fiscal year 1999' and inserting `$75,000,000
for fiscal year 2007'.
TITLE X--SUPPORT FOR PREGNANT AND PARENTING TEENS
SEC. 1001. GRANTS TO STATES.
The Secretary shall make grants to States to allow early childhood education
programs, including Head Start, to work with pregnant or parenting teens
to complete high school and prepare for college or for vocational education.
TITLE XI--FEDERALLY-FUNDED HOMES FOR PREGNANT AND PARENTING WOMEN; ADOPTION
COUNSELING; PARENTING SKILLS
SEC. 1101. COUNSELING REQUIREMENTS.
With respect to any program of grants that is administered by the Secretary
and whose purposes include providing funds for group homes for pregnant
and parenting women, the Secretary shall require as a condition of making
such grants that the entities operating the group homes provide to such
women, upon request--
(1) adoption counseling; and
(2) counseling on parenting skills.
TITLE XII--EXPANSION OF ADOPTION CREDIT AND ADOPTION ASSISTANCE PROGRAMS
SEC. 1201. EXPANSION OF ADOPTION CREDIT AND ADOPTION ASSISTANCE PROGRAMS.
(a) Increase in Dollar Limitation-
(A) IN GENERAL- Paragraph (1) of section 23(b) of the Internal Revenue
Code of 1986 (relating to dollar limitation) is amended by striking
`$10,000' and inserting `$15,000'.
(B) CHILD WITH SPECIAL NEEDS- Paragraph (3) of section 23(a) of such
Code (relating to $10,000 credit for adoption of child with special
needs regardless of expenses) is amended
(i) in the text by striking `$10,000' and inserting `$15,000', and
(ii) in the heading by striking `$10,000' and inserting `$15,000'.
(C) CONFORMING AMENDMENT TO INFLATION ADJUSTMENT- Subsection (h) of
section 23 of such Code (relating to adjustments for inflation) is amended
to read as follows:
`(h) Adjustments for Inflation-
`(1) DOLLAR LIMITATIONS- In the case of a taxable year beginning after
December 31, 2007, each of the dollar amounts in subsections (a)(3) and
(b)(1) shall be increased by an amount equal to--
`(A) such dollar amount, multiplied by
`(B) the cost-of-living adjustment determined under section 1(f)(3)
for the calendar year in which the taxable year begins, determined by
substituting `calendar year 2006' for `calendar year 1992' in subparagraph
(B) thereof.
If any amount as increased under the preceding sentence is not a multiple
of $10, such amount shall be rounded to the nearest multiple of $10.
`(2) INCOME LIMITATION- In the case of a taxable year beginning after
December 31, 2002, the dollar amount in subsection (b)(2)(A)(i) shall
be increased by an amount equal to--
`(A) such dollar amount, multiplied by
`(B) the cost-of-living adjustment determined under section 1(f)(3)
for the calendar year in which the taxable year begins, determined by
substituting `calendar year 2001' for `calendar year 1992' in subparagraph
(B) thereof.
If any amount as increased under the preceding sentence is not a multiple
of $10, such amount shall be rounded to the nearest multiple of $10.'.
(2) ADOPTION ASSISTANCE PROGRAMS-
(A) IN GENERAL- Paragraph (1) of section 137(b) of the Internal Revenue
Code of 1986 (relating to dollar limitation) is amended by striking
`$10,000' and inserting `$15,000'.
(B) CHILD WITH SPECIAL NEEDS- Paragraph (2) of section 137(a) of such
Code (relating to $10,000 exclusion for adoption of child with special
needs regardless of expenses) is amended--
(i) in the text by striking `$10,000' and inserting `$15,000', and
(ii) in the heading by striking `$10,000' and inserting `$15,000'.
(C) CONFORMING AMENDMENT TO INFLATION ADJUSTMENT- Subsection (f) of
section 137 of such Code (relating to adjustments for inflation) is
amended to read as follows:
`(f) Adjustments for Inflation-
`(1) DOLLAR LIMITATIONS- In the case of a taxable year beginning after
December 31, 2007, each of the dollar amounts in subsections (a)(2) and
(b)(1) shall be increased by an amount equal to--
`(A) such dollar amount, multiplied by
`(B) the cost-of-living adjustment determined under section 1(f)(3)
for the calendar year in which the taxable year begins, determined by
substituting `calendar year 2006' for `calendar year 1992' in subparagraph
(B) thereof.
If any amount as increased under the preceding sentence is not a multiple
of $10, such amount shall be rounded to the nearest multiple of $10.
`(2) INCOME LIMITATION- In the case of a taxable year beginning after
December 31, 2002, the dollar amount in subsection (b)(2)(A)(i) shall
be increased by an amount equal to--
`(A) such dollar amount, multiplied by
`(B) the cost-of-living adjustment determined under section 1(f)(3)
for the calendar year in which the taxable year begins, determined by
substituting `calendar year 2001' for `calendar year 1992' in subparagraph
thereof.
If any amount as increased under the preceding sentence is not a multiple
of $10, such amount shall be rounded to the nearest multiple of $10.'.
(b) Credit Made Refundable-
(1) CREDIT MOVED TO SUBPART RELATING TO REFUNDABLE CREDITS- The Internal
Revenue Code of 1986 is amended--
(A) by redesignating section 36 as section 37,
(B) by redesignating section 23, as amended by subsection (a), as section
36, and
(C) by moving section 36 (as so redesignated) from subpart A of part
IV of subchapter A of chapter 1 to the location immediately before section
37 (as so redesignated) in subpart C of part IV of subchapter A of chapter
1.
(2) CONFORMING AMENDMENTS-
(A) Section 24(b)(3)(B) of such Code is amended by striking `and sections
23' and inserting `section'.
(B) Section 25(e)(1)(C) of such Code is amended by striking `23,'.
(C) Section 25B(g)(2) of such Code is amended by striking `and section
23'.
(D) Section 36 of such code, as so redesignated, is amended--
(i) by striking paragraph (4) of subsection (b), and
(ii) by striking subsection (c).
(E) Section 137 of such code is amended--
(i) in subsection (d) by striking `section 23(d)' and inserting `section
36(d)', and
(ii) in subsection (e) by striking `section 23' and inserting `section
36'.
(F) Section 1400C(d) of such Code is amended by striking `23, 24,' and
inserting `24'.
(G) The table of sections for subpart A of part IV of subchapter A of
chapter 1 of such Code of 1986 is amended by striking the item relating
to section 23.
(H) Paragraph (2) of section 1324(b) of title 31, United States Code,
is amended by inserting `or 36' after `section 35'.
(I) The table of sections for subpart C of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 is amended by striking
the last item and inserting the following new items:
`Sec. 36. Adoption expenses.
`Sec. 37. Overpayments of tax.'.
(c) Modifications Made by Egtrra to Adoption Credit Made Permanent- Title
IX of the Economic Growth and Tax Relief Reconciliation Act of 2001 shall
not apply to the amendments made by section 202 of such Act.
(d) Effective Date- The amendments made by this section shall apply to taxable
years beginning after December 31, 2006.
TITLE XIII--PROVIDING SUPPORT TO NEW PARENTS
SEC. 1301. INCREASED SUPPORT FOR WIC PROGRAM.
(a) Findings- Congress finds the following:
(1) The special supplemental nutrition program for women, infants, and
children (WIC) authorized in the Child Nutrition Act of 1966 (42 U.S.C.
1786) serves over 8,000,000 women, infants, and children.
(2) Half of all infants in the United States and 1 in 4 young children
under age 5 get crucial health and nutrition benefits from the WIC Program.
(3) It is estimated that every dollar spent on WIC results in between
$1.92 and $4.21 in Medicaid savings for newborns and their mothers.
(4) The WIC program has been proven to increase the number of women receiving
prenatal care, reduce the incidence of low birth weight and fetal mortality,
reduce anemia, and enhance the nutritional quality of the diet of mothers
and children.
(5) The WIC program's essential, effective nutrition services include
nutrition assessment, counseling and education, obesity prevention, breastfeeding
support and promotion, prenatal and pediatric health care referrals and
follow-up, spousal and child abuse referral, drug and alcohol abuse referral,
immunization screening, assessment and referral, and a host of other services
for mothers and children.
(6) One in 10 people eligible to participate in the WIC program are unable
to receive WIC services.
(b) Authorization of Appropriations- For the purpose of carrying out the
special supplemental nutrition program for women, infants, and children
(WIC) (42 U.S.C. 1786), there is authorized to be appropriated $5,388,000,000
for fiscal year 2007, of which there is authorized to be appropriated $15,000,000
for breast-feeding peer counselors, $14,000,000 for infrastructure needs,
and $30,000,000 for management information systems.
SEC. 1302. NUTRITIONAL SUPPORT FOR LOW-INCOME PARENTS.
Section 5(c)(2) of the Food Stamp Act of 1977 (7 U.S.C. 2014(c)(2)) is amended
by striking `30 percentum' and inserting `85 percentum'.
SEC. 1303. INCREASED FUNDING FOR THE CHILD CARE AND DEVELOPMENT BLOCK
GRANT PROGRAM.
(a) Authorization of Appropriations- Section 658B of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858) is amended to read
as follows:
`SEC. 658B. AUTHORIZATION OF APPROPRIATIONS.
`There are authorized to be appropriated to carry out this subchapter $2,350,000,000
for fiscal year 2007 and such sums as may be necessary for fiscal years
2007 through 2011.'.
(b) Conforming Amendment- Section 658E(c)(3)(D) of the Child Care and Development
Block Grant Act of 1990 (42 U.S.C. 9858c(c)(3)(D)) is amended by striking
`1997 through 2002' and inserting `2007 through 2011'.
SEC. 1304. TEENAGE OR FIRST-TIME MOTHERS; FREE HOME VISITS BY REGISTERED
NURSES FOR EDUCATION ON HEALTH NEEDS OF INFANTS.
(a) In General- The Secretary may make grants to local health departments
to provide to eligible mothers, without charge, education on the health
needs of their infants through visits to their homes by registered nurses.
(1) IN GENERAL- For purposes of subsection (a), a woman is an eligible
mother if, subject to paragraph (2), the woman--
(A) is the mother of an infant who is not more than 12 months of age;
and
(B)(i) the woman was under the age of 20 at the time of birth; or
(ii) the infant referred to in subparagraph (A) is the first child of
the woman.
(2) ADDITIONAL REQUIREMENTS FOR CERTAIN MOTHERS- In the case of a woman
described in paragraph (1)(B)(ii) who is 20 years of age or older, the
woman is an eligible mother for purposes of subsection (a) only if the
woman meets such standards in addition to the applicable standards under
paragraph (1) as the local health department involved determines to be
appropriate.
(c) Certain Requirements- A grant may be made under subsection (a) only
if the applicant involved agrees as follows:
(1) The program carried out under such subsection by the applicant will
be designed to instill in eligible mothers confidence in their abilities
to provide for the health needs of their newborns, including through--
(A) providing information on child development; and
(B) soliciting questions from the mothers.
(2) The registered nurses who make home visits under subsection (a) will,
as needed, provide referrals for health and social services to serve the
needs of the newborns.
(3) The period during which the visits will be available to an eligible
mother will not be fewer than six months.
(4) An eligible mother will not receive more than one visit each month
during the period in which such visits are available to the woman.
(1) REQUIREMENTS- A grant may be made under subsection (a) only if the
applicant involved agrees that the following services will be provided
by registered nurses in home visits under subsection (a):
(A) Information on child health and development, including suggestions
for child-developmental activities that are enjoyable for parents and
children.
(B) Advice on parenting, including information on how to develop a strong
parent-child relationship.
(C) Information on resources about parenting, including identifying
books and videos that are available at local libraries.
(D) Information on upcoming parenting workshops in the local region.
(E) Information on programs that facilitate parent-to-parent support
services.
(F) In the case of an eligible mother who is a student, information
on resources that may assist the mother in completing the educational
courses involved.
(2) ADDITIONAL SERVICES- A grant under subsection (a) may be expended
to provide services during home visits under such subsection in addition
to the services specified in paragraph (1).
(e) Authorization of Appropriations- For the purpose of carrying out this
section, there are authorized to be appropriated $3,000,000 for fiscal year
2007.
END
