110th CONGRESS
1st Session
H. R. 819
To expand access to preventive health care services that help reduce
unintended pregnancy, reduce abortions, and improve access to women's health
care.
IN THE HOUSE OF REPRESENTATIVES
February 5, 2007
Ms. SLAUGHTER (for herself, Ms. DEGETTE, Mr. SHAYS, Ms. DELAURO, Ms. HARMAN,
Ms. LEE, Mrs. LOWEY, Mr. ROTHMAN, Ms. SOLIS, Mr. WAXMAN, Mr. ABERCROMBIE,
Mr. ACKERMAN, Mr. ALLEN, Mr. BACA, Ms. BALDWIN, Ms. BERKLEY, Mr. BERMAN,
Mr. BISHOP of New York, Mr. BLUMENAUER, Mr. BOUCHER, Ms. CORRINE BROWN of
Florida, Mrs. CAPPS, Mr. CARNAHAN, Mr. CLAY, Mr. COHEN, Mr. CROWLEY, Mr.
CUMMINGS, Mrs. DAVIS of California, Mr. DAVIS of Illinois, Mr. DELAHUNT,
Mr. DICKS, Mr. DINGELL, Mr. EMANUEL, Mr. ENGEL, Mr. FARR, Mr. FATTAH, Mr.
FILNER, Mr. FRANK of Massachusetts, Mr. AL GREEN of Texas, Mr. GRIJALVA,
Mr. GUTIERREZ, Mr. HIGGINS, Mr. HINCHEY, Ms. HIRONO, Mr. HOLT, Mr. HONDA,
Ms. HOOLEY, Mr. INSLEE, Mr. ISRAEL, Mr. JACKSON of Illinois, Ms. JACKSON-LEE
of Texas, Mr. JOHNSON of Georgia, Mr. KENNEDY, Ms. KILPATRICK of Michigan,
Mr. KIND, Mr. LANGEVIN, Mr. LANTOS, Mr. LARSEN of Washington, Mrs. MALONEY
of New York, Ms. MATSUI, Mrs. MCCARTHY of New York, Ms. MCCOLLUM of Minnesota,
Mr. MCDERMOTT, Mr. MCGOVERN, Mr. MCNULTY, Mr. MEEHAN, Mr. MEEKS of New York,
Mr. GEORGE MILLER of California, Mr. MILLER of North Carolina, Ms. MOORE
of Wisconsin, Mr. MOORE of Kansas, Mr. MORAN of Virginia, Mr. PATRICK J.
MURPHY of Pennsylvania, Mr. NADLER, Mrs. NAPOLITANO, Ms. NORTON, Mr. OLVER,
Mr. PAYNE, Mr. PRICE of North Carolina, Ms. ROYBAL-ALLARD, Ms. LORETTA SANCHEZ
of California, Ms. SCHAKOWSKY, Mr. SCHIFF, Ms. SCHWARTZ, Mr. SCOTT of Virginia,
Mr. SHERMAN, Mr. SIRES, Mr. STARK, Ms. SUTTON, Mrs. TAUSCHER, Mr. TIERNEY,
Mrs. JONES of Ohio, Mr. UDALL of Colorado, Mr. VAN HOLLEN, Ms. WASSERMAN
SCHULTZ, Ms. WATSON, Mr. WEINER, Mr. WEXLER, Ms. WOOLSEY, Mr. WU, and Mr.
WYNN) introduced the following bill; which was referred to the Committee
on Energy and Commerce, and in addition to the Committees on Ways and Means
and Education and Labor, 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 expand access to preventive health care services that help reduce
unintended pregnancy, reduce abortions, and improve access to women's health
care.
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 `Prevention First Act'.
(b) Table of Contents- The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I--TITLE X OF PUBLIC HEALTH SERVICE ACT
Sec. 102. Authorization of appropriations.
TITLE II--EQUITY IN PRESCRIPTION INSURANCE AND CONTRACEPTIVE COVERAGE
Sec. 202. Amendments to Employee Retirement Income Security Act of 1974.
Sec. 203. Amendments to Public Health Service Act relating to the group
market.
Sec. 204. Amendment to Public Health Service Act relating to the individual
market.
TITLE III--EMERGENCY CONTRACEPTION EDUCATION AND INFORMATION
Sec. 302. Emergency contraception education and information programs.
TITLE IV--COMPASSIONATE ASSISTANCE FOR RAPE EMERGENCIES
Sec. 402. Survivors of sexual assault; provision by hospitals of emergency
contraceptives without charge.
TITLE V--AT-RISK COMMUNITIES TEENAGE PREGNANCY PREVENTION ACT
Sec. 502. Teen pregnancy prevention.
Sec. 504. General requirements.
TITLE VI--ACCURACY OF CONTRACEPTIVE INFORMATION
Sec. 602. Accuracy of contraceptive information.
TITLE VII--UNINTENDED PREGNANCY REDUCTION ACT
Sec. 702. Medicaid; clarification of coverage of family planning services
and supplies.
Sec. 703. Expansion of family planning services.
Sec. 704. Effective date.
TITLE VIII--RESPONSIBLE EDUCATION ABOUT LIFE ACT
Sec. 802. Assistance to reduce teen pregnancy, HIV/AIDS, and other sexually
transmitted diseases and to support healthy adolescent development.
Sec. 803. Sense of Congress.
Sec. 804. Evaluation of programs.
Sec. 806. Appropriations.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Healthy People 2010 sets forth a reduction of unintended pregnancies
as an important health objective for the Nation to achieve over the first
decade of the new century, a goal first articulated in the 1979 Surgeon
General's Report, Healthy People, and reiterated in Healthy People 2000:
National Health Promotion and Disease Prevention Objectives.
(2) Although the Centers for Disease Control and Prevention (referred
to in this section as the `CDC') included family planning in its published
list of the Ten Great Public Health Achievements in the 20th Century,
the United States still has one of the highest rates of unintended pregnancies
among industrialized nations.
(3) Each year, 3,000,000 pregnancies, nearly half of all pregnancies,
in the United States are unintended, and nearly half of unintended pregnancies
end in abortion.
(4) In 2004, 34,400,000 women, half of all women of reproductive age,
were in need of contraceptive services and supplies to help prevent unintended
pregnancy, and nearly half of those were in need of public support for
such care.
(5) The United States has the highest rate of infection with sexually
transmitted diseases of any industrialized country. In 2005, there were
approximately 19,000,000 new cases of sexually transmitted diseases, almost
half of them occurring in young people ages 15 to 24. According to the
CDC, these sexually transmitted diseases impose a tremendous economic
burden with direct medical costs as high as $14,100,000,000 per year.
(6) Increasing access to family planning services will improve women's
health and reduce the rates of unintended pregnancy, abortion, and infection
with sexually transmitted diseases. Contraceptive use saves public health
dollars. For every dollar spent to increase funding for family planning
programs under title X of the Public Health Service Act, $3.80 is saved.
(7) Contraception is basic health care that improves the health of women
and children by enabling women to plan and space births.
(8) Women experiencing unintended pregnancy are at greater risk for physical
abuse and women having closely spaced births are at greater risk of maternal
death.
(9) A child born from an unintended pregnancy is at greater risk than
a child born from an intended pregnancy of low birth weight, dying in
the first year of life, being abused, and not receiving sufficient resources
for healthy development.
(10) The ability to control fertility allows couples to achieve economic
stability by facilitating greater educational achievement and participation
in the workforce.
(11) Without contraception, a sexually active woman has an 85 percent
chance of becoming pregnant within a year.
(12) The percentage of sexually active women ages 15 through 44 who were
not using contraception increased from 5.4 percent to 7.4 percent in 2002,
an increase of 37 percent, according to the CDC. This represents an apparent
increase of 1,430,000 women and could raise the rate of unintended pregnancy.
(13) Many poor and low-income women cannot afford to purchase contraceptive
services and supplies on their own. In 2003, 20.5 percent of all women
ages 15 through 44 were uninsured.
(14) Public health programs, such as the Medicaid program and family planning
programs under title X of the Public Health Service Act, provide high-quality
family planning services and other preventive health care to underinsured
or uninsured individuals who may otherwise lack access to health care.
(15) The Medicaid program is the single largest source of public funding
for family planning services and HIV/AIDS care in the United States. Half
of all public dollars spent on contraceptive services and supplies in
the United States are provided through the Medicaid program and more than
6,000,000 low-income women of reproductive age rely on such program for
their basic health care needs.
(16) Each year, family planning services provided under title X of the
Public Health Service Act enable people in the United States to prevent
approximately 1,000,000 unintended pregnancies, and one in three women
of reproductive age who obtains testing or treatment for sexually transmitted
diseases does so at a clinic receiving funds under such title. In 2005,
such clinics provided 2.5 million Pap smears, over 5.3 million sexually
transmitted disease tests, and over 6.2 million HIV tests.
(17) The combination of an increasing number of uninsured individuals,
stagnant funding for family planning, health care inflation, new and expensive
contraceptive technologies, increasing costs of contraceptives, and improved
but expensive screening and treatment for cervical cancer and sexually
transmitted diseases, has diminished the ability of clinics receiving
funds under title X of the Public Health Service Act to adequately serve
all individuals in need of services of such clinics. Taking inflation
into account, funding for the family planning programs under such title
declined by 59 percent between 1980 and 2005.
(18) While the Medicaid program remains the largest source of subsidized
family planning services, States are facing significant budgetary pressures
to cut their Medicaid programs, putting many women at risk of losing coverage
for family planning services.
(19) In addition, eligibility under the Medicaid program in many States
is severely restricted, which leaves family planning services financially
out of reach for many poor women. Many States have demonstrated tremendous
success with Medicaid family planning waivers that allow States to expand
access to Medicaid family planning services. However, the administrative
burden of applying for a waiver poses a significant barrier to States
that would like to expand their coverage of family planning programs through
Medicaid.
(20) As of December of 2006, 24 States offered expanded family planning
benefits as a result of Medicaid family planning waivers. The cost-effectiveness
of these waivers was affirmed by a recent evaluation funded by the Centers
for Medicare & Medicaid Services. This evaluation of six waivers found
that all family planning programs under such waivers resulted in significant
savings to both the Federal and State governments. Moreover, the researchers
found measurable reductions in unintended pregnancy.
(21) Although employer-sponsored health plans have improved coverage of
contraceptive services and supplies, largely in response to State contraceptive
coverage laws, there is still significant room for improvement. The ongoing
lack of coverage in health insurance plans, particularly in self-insured
and individual plans, continues to place effective forms of contraception
beyond the financial reach of many women.
(22) Including contraceptive coverage in private health care plans saves
employers money. Not covering contraceptives in employee health plans
costs employers 15 to 17 percent more than providing such coverage.
(23) Approved for use by the Food and Drug Administration, emergency contraception
is a safe and effective way to prevent unintended pregnancy after unprotected
sex. New research confirms that easier access to emergency contraceptives
does not increase sexual risk-taking or sexually transmitted diseases.
(24) The available evidence shows that many women do not know about emergency
contraception, do not know where to get it, or are unable to access it.
Overcoming these obstacles could help ensure that more women use emergency
contraception consistently and correctly.
(25) A November 2006 study of declining pregnancy rates among teens concluded
that the reduction in teen pregnancy between 1995 and 2002 is primarily
the result of increased use of contraceptives. As such, it is critically
important that teens receive accurate, unbiased information about contraception.
(26) The American Medical Association, the American Nurses Association,
the American Academy of Pediatrics, the American College of Obstetricians
and Gynecologists, the American Public Health Association, and the Society
for Adolescent Medicine, support responsible sexuality education that
includes information about both abstinence and contraception.
(27) Teens who receive comprehensive sexuality education that includes
discussion of contraception as well as abstinence are more likely than
those who receive abstinence-only messages to delay sex, to have fewer
partners, and to use contraceptives when they do become sexually active.
(28) Government-funded abstinence-only-until-marriage programs are precluded
from discussing contraception except to talk about failure rates. An October
2006 report by the Government Accountability Office found that the Department
of Health and Human Services does not review the materials of recipients
of grants administered by such department for scientific accuracy and
requires grantees to review their own materials for scientific accuracy.
The GAO also reported on the Department's total lack of appropriate and
customary measurements to determine if funded programs are effective.
In addition, a separate letter from the Government Accountability Office
found that the Department of Health and Human Services is in violation
of Federal law by failing to enforce a requirement under the Public Health
Service Act that federally-funded grantees working to address the prevention
of sexually transmitted diseases, including abstinence-only-until-marriage
programs, must provide medically accurate information about the effectiveness
of condoms.
(29) Recent scientific reports by the Institute of Medicine, the American
Medical Association, and the Office on National AIDS Policy stress the
need for sexuality education that includes messages about abstinence and
provides young people with information about contraception for the prevention
of teen pregnancy, HIV/AIDS, and other sexually transmitted diseases.
(30) A 2006 statement from the American Public Health Association (`APHA')
`recognizes the importance of abstinence education, but only as part of
a comprehensive sexuality education program . . . APHA calls for repealing
current federal funding for abstinence-only programs and replacing it
with funding for a new Federal program to promote comprehensive sexuality
education, combining information about abstinence with age-appropriate
sexuality education.'
(31) Comprehensive sexuality education programs respect the diversity
of values and beliefs represented in the community and will complement
and augment the sexuality education children receive from their families.
(32) Nearly half of the 40,000 annual new cases of HIV infections in the
United States occur in youth ages 13 through 24. African American and
Latino youth have been disproportionately affected by the HIV/AIDS epidemic.
Although African American adolescents, ages 13 through 19, represent only
15 percent of the adolescent population in the United States, they accounted
for 73 percent of new AIDS cases reported among adolescents in 2004. Latino
adolescents, ages age 13 through 19, accounted for 14 percent of AIDS
cases among adolescents, compared to 16 percent of all adolescents in
the United States, in 2004. Teens in the United States contract an estimated
9.1 million sexually transmitted infections each year. By age 24, at least
one in four sexually active people between the ages of 15 and 24 will
have contracted a sexually transmitted disease.
(33) Approximately 50 young people a day, an average of two young people
every hour of every day, are infected with HIV in the United States.
TITLE I--TITLE X OF PUBLIC HEALTH SERVICE ACT
SEC. 101. SHORT TITLE.
This title may be cited as the `Title X Family Planning Services Act of
2007'.
SEC. 102. AUTHORIZATION OF APPROPRIATIONS.
For the purpose of making grants and contracts under section 1001 of the
Public Health Service Act, there are authorized to be appropriated $700,000,000
for fiscal year 2008 and such sums as may be necessary for each subsequent
fiscal year.
TITLE II--EQUITY IN PRESCRIPTION INSURANCE AND CONTRACEPTIVE COVERAGE
SEC. 201. SHORT TITLE.
This title may be cited as the `Equity in Prescription Insurance and Contraceptive
Coverage Act of 2007'.
SEC. 202. AMENDMENTS TO EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974.
(a) In General- Subpart B of part 7 of subtitle B of title I of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1185 et seq.) is amended
by adding at the end the following:
`SEC. 714. STANDARDS RELATING TO BENEFITS FOR CONTRACEPTIVES.
`(a) Requirements for Coverage- A group health plan, and a health insurance
issuer providing health insurance coverage in connection with a group health
plan, may not--
`(1) exclude or restrict benefits for prescription contraceptive drugs
or devices approved by the Food and Drug Administration, or generic equivalents
approved as substitutable by the Food and Drug Administration, if such
plan or coverage provides benefits for other outpatient prescription drugs
or devices; or
`(2) exclude or restrict benefits for outpatient contraceptive services
if such plan or coverage provides benefits for other outpatient services
provided by a health care professional (referred to in this section as
`outpatient health care services').
`(b) Prohibitions- A group health plan, and a health insurance issuer providing
health insurance coverage in connection with a group health plan, may not--
`(1) deny to an individual eligibility, or continued eligibility, to enroll
or to renew coverage under the terms of the plan because of the individual's
or enrollee's use or potential use of items or services that are covered
in accordance with the requirements of this section;
`(2) provide monetary payments or rebates to a covered individual to encourage
such individual to accept less than the minimum protections available
under this section;
`(3) penalize or otherwise reduce or limit the reimbursement of a health
care professional because such professional prescribed contraceptive drugs
or devices, or provided contraceptive services, described in subsection
(a), in accordance with this section; or
`(4) provide incentives (monetary or otherwise) to a health care professional
to induce such professional to withhold from a covered individual contraceptive
drugs or devices, or contraceptive services, described in subsection (a).
`(c) Rules of Construction-
`(1) IN GENERAL- Nothing in this section shall be construed--
`(A) as preventing a group health plan and a health insurance issuer
providing health insurance coverage in connection with a group health
plan from imposing deductibles, coinsurance, or other cost-sharing or
limitations in relation to--
`(i) benefits for contraceptive drugs under the plan or coverage,
except that such a deductible, coinsurance, or other cost-sharing
or limitation for any such drug shall be consistent with those imposed
for other outpatient prescription drugs otherwise covered under the
plan or coverage;
`(ii) benefits for contraceptive devices under the plan or coverage,
except that such a deductible, coinsurance, or other cost-sharing
or limitation for any such device shall be consistent with those imposed
for other outpatient prescription devices otherwise covered under
the plan or coverage; and
`(iii) benefits for outpatient contraceptive services under the plan
or coverage, except that such a deductible, coinsurance, or other
cost-sharing or limitation for any such service shall be consistent
with those imposed for other outpatient health care services otherwise
covered under the plan or coverage;
`(B) as requiring a group health plan and a health insurance issuer
providing health insurance coverage in connection with a group health
plan to cover experimental or investigational contraceptive drugs or
devices, or experimental or investigational contraceptive services,
described in subsection (a), except to the extent that the plan or issuer
provides coverage for other experimental or investigational outpatient
prescription drugs or devices, or experimental or investigational outpatient
health care services; or
`(C) as modifying, diminishing, or limiting the rights or protections
of an individual under any other Federal law.
`(2) LIMITATIONS- As used in paragraph (1), the term `limitation' includes--
`(A) in the case of a contraceptive drug or device, restricting the
type of health care professionals that may prescribe such drugs or devices,
utilization review provisions, and limits on the volume of prescription
drugs or devices that may be obtained on the basis of a single consultation
with a professional; or
`(B) in the case of an outpatient contraceptive service, restricting
the type of health care professionals that may provide such services,
utilization review provisions, requirements relating to second opinions
prior to the coverage of such services, and requirements relating to
preauthorizations prior to the coverage of such services.
`(d) Notice Under Group Health Plan- The imposition of the requirements
of this section shall be treated as a material modification in the terms
of the plan described in section 102(a)(1), for purposes of assuring notice
of such requirements under the plan, except that the summary description
required to be provided under the last sentence of section 104(b)(1) with
respect to such modification shall be provided by not later than 60 days
after the first day of the first plan year in which such requirements apply.
`(e) Preemption- Nothing in this section shall be construed to preempt any
provision of State law to the extent that such State law establishes, implements,
or continues in effect any standard or requirement that provides coverage
or protections for participants or beneficiaries that are greater than the
coverage or protections provided under this section.
`(f) Definition- In this section, the term `outpatient contraceptive services'
means consultations, examinations, procedures, and medical services, provided
on an outpatient basis and related to the use of contraceptive methods (including
natural family planning) to prevent an unintended pregnancy.'.
(b) Clerical Amendment- The table of contents in section 1 of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1001) is amended by inserting
after the item relating to section 713 the following:
`Sec. 714. Standards relating to benefits for contraceptives.'.
(c) Effective Date- The amendments made by this section shall apply with
respect to plan years beginning on or after January 1, 2008.
SEC. 203. AMENDMENTS TO PUBLIC HEALTH SERVICE ACT RELATING TO THE GROUP
MARKET.
(a) In General- Subpart 2 of part A of title XXVII of the Public Health
Service Act (42 U.S.C. 300gg-4 et seq.) is amended by adding at the end
the following:
`SEC. 2707. STANDARDS RELATING TO BENEFITS FOR CONTRACEPTIVES.
`(a) Requirements for Coverage- A group health plan, and a health insurance
issuer providing health insurance coverage in connection with a group health
plan, may not--
`(1) exclude or restrict benefits for prescription contraceptive drugs
or devices approved by the Food and Drug Administration, or generic equivalents
approved as substitutable by the Food and Drug Administration, if such
plan or coverage provides benefits for other outpatient prescription drugs
or devices; or
`(2) exclude or restrict benefits for outpatient contraceptive services
if such plan or coverage provides benefits for other outpatient services
provided by a health care professional (referred to in this section as
`outpatient health care services').
`(b) Prohibitions- A group health plan, and a health insurance issuer providing
health insurance coverage in connection with a group health plan, may not--
`(1) deny to an individual eligibility, or continued eligibility, to enroll
or to renew coverage under the terms of the plan because of the individual's
or enrollee's use or potential use of items or services that are covered
in accordance with the requirements of this section;
`(2) provide monetary payments or rebates to a covered individual to encourage
such individual to accept less than the minimum protections available
under this section;
`(3) penalize or otherwise reduce or limit the reimbursement of a health
care professional because such professional prescribed contraceptive drugs
or devices, or provided contraceptive services, described in subsection
(a), in accordance with this section; or
`(4) provide incentives (monetary or otherwise) to a health care professional
to induce such professional to withhold from covered individual contraceptive
drugs or devices, or contraceptive services, described in subsection (a).
`(c) Rules of Construction-
`(1) IN GENERAL- Nothing in this section shall be construed--
`(A) as preventing a group health plan and a health insurance issuer
providing health insurance coverage in connection with a group health
plan from imposing deductibles, coinsurance, or other cost-sharing or
limitations in relation to--
`(i) benefits for contraceptive drugs under the plan or coverage,
except that such a deductible, coinsurance, or other cost-sharing
or limitation for any such drug shall be consistent with those imposed
for other outpatient prescription drugs otherwise covered under the
plan or coverage;
`(ii) benefits for contraceptive devices under the plan or coverage,
except that such a deductible, coinsurance, or other cost-sharing
or limitation for any such device shall be consistent with those imposed
for other outpatient prescription devices otherwise covered under
the plan or coverage; and
`(iii) benefits for outpatient contraceptive services under the plan
or coverage, except that such a deductible, coinsurance, or other
cost-sharing or limitation for any such service shall be consistent
with those imposed for other outpatient health care services otherwise
covered under the plan or coverage;
`(B) as requiring a group health plan and a health insurance issuer
providing health insurance coverage in connection with a group health
plan to cover experimental or investigational contraceptive drugs or
devices, or experimental or investigational contraceptive services,
described in subsection (a), except to the extent that the plan or issuer
provides coverage for other experimental or investigational outpatient
prescription drugs or devices, or experimental or investigational outpatient
health care services; or
`(C) as modifying, diminishing, or limiting the rights or protections
of an individual under any other Federal law.
`(2) LIMITATIONS- As used in paragraph (1), the term `limitation' includes--
`(A) in the case of a contraceptive drug or device, restricting the
type of health care professionals that may prescribe such drugs or devices,
utilization review provisions, and limits on the volume of prescription
drugs or devices that may be obtained on the basis of a single consultation
with a professional; or
`(B) in the case of an outpatient contraceptive service, restricting
the type of health care professionals that may provide such services,
utilization review provisions, requirements relating to second opinions
prior to the coverage of such services, and requirements relating to
preauthorizations prior to the coverage of such services.
`(d) Notice- A group health plan under this part shall comply with the notice
requirement under section 714(d) of the Employee Retirement Income Security
Act of 1974 with respect to the requirements of this section as if such
section applied to such plan.
`(e) Preemption- Nothing in this section shall be construed to preempt any
provision of State law to the extent that such State law establishes, implements,
or continues in effect any standard or requirement that provides coverage
or protections for enrollees that are greater than the coverage or protections
provided under this section.
`(f) Definition- In this section, the term `outpatient contraceptive services'
means consultations, examinations, procedures, and medical services, provided
on an outpatient basis and related to the use of contraceptive methods (including
natural family planning) to prevent an unintended pregnancy.'.
(b) Effective Date- The amendments made by this section shall apply with
respect to group health plans for plan years beginning on or after January
1, 2008.
SEC. 204. AMENDMENT TO PUBLIC HEALTH SERVICE ACT RELATING TO THE INDIVIDUAL
MARKET.
(a) In General- Part B of title XXVII of the Public Health Service Act (42
U.S.C. 300gg-41 et seq.) is amended--
(1) by redesignating the first subpart 3 (relating to other requirements)
as subpart 2; and
(2) by adding at the end of subpart 2 the following:
`SEC. 2753. STANDARDS RELATING TO BENEFITS FOR CONTRACEPTIVES.
`The provisions of section 2707 shall apply to health insurance coverage
offered by a health insurance issuer in the individual market in the same
manner as they apply to health insurance coverage offered by a health insurance
issuer in connection with a group health plan in the small or large group
market.'.
(b) Effective Date- The amendment made by this section shall apply with
respect to health insurance coverage offered, sold, issued, renewed, in
effect, or operated in the individual market on or after January 1, 2008.
TITLE III--EMERGENCY CONTRACEPTION EDUCATION AND INFORMATION
SEC. 301. SHORT TITLE.
This title may be cited as the `Emergency Contraception Education Act of
2007'.
SEC. 302. EMERGENCY CONTRACEPTION EDUCATION AND INFORMATION PROGRAMS.
(a) Definitions- For purposes of this section:
(1) EMERGENCY CONTRACEPTION- The term `emergency contraception' means
a drug or device (as the terms are defined in section 201 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 321)) or a drug regimen that is--
(A) used after sexual relations;
(B) prevents pregnancy, by preventing ovulation, fertilization of an
egg, or implantation of an egg in a uterus; and
(C) approved by the Food and Drug Administration.
(2) HEALTH CARE PROVIDER- The term `health care provider' means an individual
who is licensed or certified under State law to provide health care services
and who is operating within the scope of such license.
(3) INSTITUTION OF HIGHER EDUCATION- The term `institution of higher education'
has the same meaning given such term in section 1201(a) of the Higher
Education Act of 1965 (20 U.S.C. 1141(a)).
(4) SECRETARY- The term `Secretary' means the Secretary of Health and
Human Services.
(b) Emergency Contraception Public Education Program-
(1) IN GENERAL- The Secretary, acting through the Director of the Centers
for Disease Control and Prevention, shall develop and disseminate to the
public information on emergency contraception.
(2) DISSEMINATION- The Secretary may disseminate information under paragraph
(1) directly or through arrangements with nonprofit organizations, consumer
groups, institutions of higher education, Federal, State, or local agencies,
clinics, and the media.
(3) INFORMATION- The information disseminated under paragraph (1) shall
include, at a minimum, a description of emergency contraception and an
explanation of the use, safety, efficacy, and availability of such contraception.
(c) Emergency Contraception Information Program for Health Care Providers-
(1) IN GENERAL- The Secretary, acting through the Administrator of the
Health Resources and Services Administration and in consultation with
major medical and public health organizations, shall develop and disseminate
to health care providers information on emergency contraception.
(2) INFORMATION- The information disseminated under paragraph (1) shall
include, at a minimum--
(A) information describing the use, safety, efficacy, and availability
of emergency contraception;
(B) a recommendation regarding the use of such contraception in appropriate
cases; and
(C) information explaining how to obtain copies of the information developed
under subsection (b) for distribution to the patients of the providers.
(d) Authorization of Appropriations- There are authorized to be appropriated
to carry out this section such sums as may be necessary for each of the
fiscal years 2008 through 2012.
TITLE IV--COMPASSIONATE ASSISTANCE FOR RAPE EMERGENCIES
SEC. 401. SHORT TITLE.
This title may be cited as the `Compassionate Assistance for Rape Emergencies
Act of 2007'.
SEC. 402. SURVIVORS OF SEXUAL ASSAULT; PROVISION BY HOSPITALS OF EMERGENCY
CONTRACEPTIVES WITHOUT CHARGE.
(a) In General- Federal funds may not be provided to a hospital under any
health-related program, unless the hospital meets the conditions specified
in subsection (b) in the case of--
(1) any woman who presents at the hospital and states that she is a victim
of sexual assault, or is accompanied by someone who states she is a victim
of sexual assault; and
(2) any woman who presents at the hospital whom hospital personnel have
reason to believe is a victim of sexual assault.
(b) Assistance for Victims- The conditions specified in this subsection
regarding a hospital and a woman described in subsection (a) are as follows:
(1) The hospital promptly provides the woman with medically and factually
accurate and unbiased written and oral information about emergency contraception,
including information explaining that--
(A) emergency contraception does not cause an abortion; and
(B) emergency contraception is effective in most cases in preventing
pregnancy after unprotected sex.
(2) The hospital promptly offers emergency contraception to the woman,
and promptly provides such contraception to her on her request.
(3) The information provided pursuant to paragraph (1) is in clear and
concise language, is readily comprehensible, and meets such conditions
regarding the provision of the information in languages other than English
as the Secretary may establish.
(4) The services described in paragraphs (1) through (3) are not denied
because of the inability of the woman or her family to pay for the services.
(c) Definitions- For purposes of this section:
(1) The term `emergency contraception' means a drug, drug regimen, or
device that--
(A) is used postcoitally;
(B) prevents pregnancy by delaying ovulation, preventing fertilization
of an egg, or preventing implantation of an egg in a uterus; and
(C) is approved by the Food and Drug Administration.
(2) The term `hospital' has the meanings given such term in title XVIII
of the Social Security Act, including the meaning applicable in such title
for purposes of making payments for emergency services to hospitals that
do not have agreements in effect under such title.
(3) The term `Secretary' means the Secretary of Health and Human Services.
(4) The term `sexual assault' means coitus in which the woman involved
does not consent or lacks the legal capacity to consent.
(d) Effective Date; Agency Criteria- This section takes effect upon the
expiration of the 180-day period beginning on the date of the enactment
of this Act. Not later than 30 days prior to the expiration of such period,
the Secretary shall publish in the Federal Register criteria for carrying
out this section.
TITLE V--AT-RISK COMMUNITIES TEENAGE PREGNANCY PREVENTION ACT
SEC. 501. SHORT TITLE.
This title may be cited as the `At-Risk Communities Teenage Pregnancy Prevention
Act of 2007'.
SEC. 502. TEEN PREGNANCY PREVENTION.
Part P of title III of the Public Health Service Act (42 U.S.C. 280g et
seq.) is amended by inserting after section 399N the following section:
`SEC. 399N-1. TEENAGE PREGNANCY PREVENTION GRANTS.
`(a) Authority- The Secretary may award on a competitive basis grants to
public and private entities to establish or expand teenage pregnancy prevention
programs.
`(b) Grant Recipients- Grant recipients under this section may include State
and local not-for-profit coalitions working to prevent teenage pregnancy,
State, local, and tribal agencies, schools, entities that provide after-school
programs, and community and faith-based groups.
`(c) Priority- In selecting grant recipients under this section, the Secretary
shall give--
`(1) highest priority to applicants seeking assistance for programs targeting
communities or populations in which--
`(A) teenage pregnancy or birth rates are higher than the corresponding
State average; or
`(B) teenage pregnancy or birth rates are increasing; and
`(2) priority to applicants seeking assistance for programs that--
`(A) will benefit underserved or at-risk populations such as young males
or immigrant youths; or
`(B) will take advantage of other available resources and be coordinated
with other programs that serve youth, such as workforce development
and after school programs.
`(d) Use of Funds- Funds received by an entity as a grant under this section
shall be used for programs that--
`(1) replicate or substantially incorporate the elements of one or more
teenage pregnancy prevention programs that have been proven (on the basis
of rigorous scientific research) to delay sexual intercourse or sexual
activity, increase condom or contraceptive use (without increasing sexual
activity), or reduce teenage pregnancy; and
`(2) incorporate one or more of the following strategies for preventing
teenage pregnancy: encouraging teenagers to delay sexual activity; sex
and HIV education; interventions for sexually active teenagers; preventive
health services; youth development programs; service learning programs;
and outreach or media programs.
`(e) Complete Information- Programs receiving funds under this section that
choose to provide information on HIV/AIDS or contraception or both must
provide information that is complete and medically accurate.
`(f) Relation to Abstinence-Only Programs- Funds under this section are
not intended for use by abstinence-only education programs. Abstinence-only
education programs that receive Federal funds through the Maternal and Child
Health Block Grant, the Administration for Children and Families, the Adolescent
Family Life Program, and any other program that uses the definition of `abstinence
education' found in section 510(b) of the Social Security Act are ineligible
for funding.
`(g) Applications- Each entity seeking a grant under this section shall
submit an application to the Secretary at such time and in such manner as
the Secretary may require.
`(1) IN GENERAL- The Secretary may not award a grant to an applicant for
a program under this section unless the applicant demonstrates that it
will pay, from funds derived from non-Federal sources, at least 25 percent
of the cost of the program.
`(2) Applicant's SHARE- The applicant's share of the cost of a program
shall be provided in cash or in kind.
`(i) Supplementation of Funds- An entity that receives funds as a grant
under this section shall use the funds to supplement and not supplant funds
that would otherwise be available to the entity for teenage pregnancy prevention.
`(1) IN GENERAL- The Secretary shall--
`(A) conduct or provide for a rigorous evaluation of 10 percent of programs
for which a grant is awarded under this section;
`(B) collect basic data on each program for which a grant is awarded
under this section; and
`(C) upon completion of the evaluations referred to in subparagraph
(A), submit to the Congress a report that includes a detailed statement
on the effectiveness of grants under this section.
`(2) COOPERATION BY GRANTEES- Each grant recipient under this section
shall provide such information and cooperation as may be required for
an evaluation under paragraph (1).
`(k) Definition- For purposes of this section, the term `rigorous scientific
research' means based on a program evaluation that:
`(1) Measured impact on sexual or contraceptive behavior, pregnancy or
childbearing.
`(2) Employed an experimental or quasi-experimental design with well-constructed
and appropriate comparison groups.
`(3) Had a sample size large enough (at least 100 in the combined treatment
and control group) and a follow-up interval long enough (at least six
months) to draw valid conclusions about impact.
`(l) Authorization of Appropriations- There are authorized to be appropriated
to carry out this section such sums as may be necessary for fiscal year
2007 and each subsequent fiscal year.'.
SEC. 503. RESEARCH.
(a) In General- The Secretary of Health and Human Services, acting through
the Director of the Centers for Disease Control and Prevention, shall make
grants to public or nonprofit private entities to conduct, support, and
coordinate research on the prevention of teen pregnancy in eligible communities,
including research on the factors contributing to the disproportionate rates
of teen pregnancy in such communities.
(b) Research- In carrying out subsection (a), the Secretary of Health and
Human Services shall support research that--
(1) investigates and determines the incidence and prevalence of teen pregnancy
in communities described in such subsection;
(A) the extent of the impact of teen pregnancy on--
(i) the health and well-being of teenagers in the communities; and
(ii) the scholastic achievement of such teenagers;
(B) the variance in the rates of teen pregnancy by--
(i) location (such as inner cities, inner suburbs, and outer suburbs);
(ii) population subgroup (such as Hispanic, Asian-Pacific Islander,
African-American, Native American); and
(iii) level of acculturation;
(C) the importance of the physical and social environment as a factor
in placing communities at risk of increased rates of teen pregnancy;
and
(D) the importance of aspirations as a factor affecting young women's
risk of teen pregnancy; and
(A) measures to address race, ethnicity, socioeconomic status, environment,
and educational attainment and the relationship to the incidence and
prevalence of teen pregnancy; and
(B) efforts to link the measures to relevant databases, including health
databases.
(c) Priority- In making grants under subsection (a), the Secretary of Health
and Human Services shall give priority to research that incorporates--
(1) interdisciplinary approaches; or
(2) a strong emphasis on community-based participatory research.
(d) Authorization of Appropriations- For the purpose of carrying out this
section, there is authorized to be appropriated such sums as may be necessary
for each of the fiscal years 2008 through 2012.
SEC. 504. GENERAL REQUIREMENTS.
(a) Medically Accurate Information- A grant may be made under this title
only if the applicant involved agrees that all information provided pursuant
to the grant will be age-appropriate, factually and medically accurate and
complete, and scientifically based.
(b) Cultural Context of Services- A grant may be made under this title only
if the applicant involved agrees that information, activities, and services
under the grant that are directed toward a particular population group will
be provided in the language and cultural context that is most appropriate
for individuals in such group.
(c) Application for Grant- A grant may be made under this title only if
an application for the grant is submitted to the Secretary of Health and
Human Services and the application is in such form, is made in such manner,
and contains such agreements, assurances, and information as the Secretary
of Health and Human Services determines to be necessary to carry out the
program involved.
TITLE VI--ACCURACY OF CONTRACEPTIVE INFORMATION
SEC. 601. SHORT TITLE.
This title may be cited as the `Truth in Contraception Act of 2007'.
SEC. 602. ACCURACY OF CONTRACEPTIVE INFORMATION.
Notwithstanding any other provision of law, any information concerning the
use of a contraceptive provided through any federally funded sex education,
family life education, abstinence education, comprehensive health education,
or character education program shall be medically accurate and shall include
health benefits and failure rates relating to the use of such contraceptive.
TITLE VII--UNINTENDED PREGNANCY REDUCTION ACT
SEC. 701. SHORT TITLE.
This title may be cited as the `Unintended Pregnancy Reduction Act of 2007'.
SEC. 702. MEDICAID; CLARIFICATION OF COVERAGE OF FAMILY PLANNING SERVICES
AND SUPPLIES.
Section 1937(b) of the Social Security Act (42 U.S.C. 1396u-7(b)) is amended
by adding at the end the following:
`(5) COVERAGE OF FAMILY PLANNING SERVICES AND SUPPLIES- Notwithstanding
the previous provisions of this section, a State may not provide for medical
assistance through enrollment of an individual with benchmark coverage
or benchmark-equivalent coverage under this section unless such coverage
includes for any individual described in section 1905(a)(4)(C), medical
assistance for family planning services and supplies in accordance with
such section.'.
SEC. 703. EXPANSION OF FAMILY PLANNING SERVICES.
(a) Coverage as Mandatory Categorically Needy Group-
(1) IN GENERAL- Section 1902(a)(10)(A)(i) of the Social Security Act (42
U.S.C. 1396a(a)(10)(A)(i)) is amended--
(A) in subclause (VI), by striking `or' at the end;
(B) in subclause (VII), by adding `or' at the end; and
(C) by adding at the end the following new subclause:
`(VIII) who are described in subsection (dd) (relating to individuals
who meet the income standards for pregnant women);'.
(2) GROUP DESCRIBED- Section 1902 of the Social Security Act (42 U.S.C.
1396a) is amended by adding at the end the following new subsection:
`(dd)(1) Individuals described in this subsection are individuals who--
`(A) meet at least the income eligibility standards established under
the State plan as of January 1, 2007, for pregnant women or such higher
income eligibility standard for such women as the State may establish;
and
`(2) At the option of a State, individuals described in this subsection
may include individuals who are determined to meet the income eligibility
standards referred to in paragraph (1)(A) under the terms and conditions
applicable to making eligibility determinations for medical assistance under
this title under a waiver to provide the benefits described in clause (XV)
of the matter following subparagraph (G) of section 1902(a)(10) granted
to the State under section 1115 as of January 1, 2007.'.
(3) LIMITATION ON BENEFITS- Section 1902(a)(10) of the Social Security
Act (42 U.S.C. 1396a(a)(10)) is amended in the matter following subparagraph
(G)--
(A) by striking `and (XIV)' and inserting `(XIV)'; and
(B) by inserting `, and (XV) the medical assistance made available to
an individual described in subsection (dd) who is eligible for medical
assistance only because of subparagraph (A)(10)(i)(VIII) shall be limited
to family planning services and supplies described in 1905(a)(4)(C)
and, at the State's option, medical diagnosis or treatment services
that are provided in conjunction with a family planning service in a
family planning setting provided during the period in which such an
individual is eligible;' after `cervical cancer'.
(4) CONFORMING AMENDMENTS- Section 1905(a) of the Social Security Act
(42 U.S.C. 1396d(a)) is amended in the matter preceding paragraph (1)--
(A) in clause (xii), by striking `or' at the end;
(B) in clause (xii), by adding `or' at the end; and
(C) by inserting after clause (xiii) the following:
`(xiv) individuals described in section 1902(dd),'.
(b) Presumptive Eligibility-
(1) IN GENERAL- Title XIX of the Social Security Act (42 U.S.C. 1396 et
seq.) is amended by inserting after section 1920B the following:
`PRESUMPTIVE ELIGIBILITY FOR FAMILY PLANNING SERVICES
`Sec. 1920C. (a) State Option- A State plan approved under section 1902
may provide for making medical assistance available to an individual described
in section 1902(dd) (relating to individuals who meet the income eligibility
standard for pregnant women in the State) during a presumptive eligibility
period. In the case of an individual described in section 1902(dd) who is
eligible for medical assistance only because of subparagraph (A)(10)(i)(VIII),
such medical assistance may be limited to family planning services and supplies
described in 1905(a)(4)(C) and, at the State's option, medical diagnosis
or treatment services that are provided in conjunction with a family planning
service in a family planning setting provided during the period in which
such an individual is eligible.
`(b) Definitions- For purposes of this section:
`(1) PRESUMPTIVE ELIGIBILITY PERIOD- The term `presumptive eligibility
period' means, with respect to an individual described in subsection (a),
the period that--
`(A) begins with the date on which a qualified entity determines, on
the basis of preliminary information, that the individual is described
in section 1902(dd); and
`(B) ends with (and includes) the earlier of--
`(i) the day on which a determination is made with respect to the
eligibility of such individual for services under the State plan;
or
`(ii) in the case of such an individual who does not file an application
by the last day of the month following the month during which the
entity makes the determination referred to in subparagraph (A), such
last day.
`(A) IN GENERAL- Subject to subparagraph (B), the term `qualified entity'
means any entity that--
`(i) is eligible for payments under a State plan approved under this
title; and
`(ii) is determined by the State agency to be capable of making determinations
of the type described in paragraph (1)(A).
`(B) REGULATIONS- The Secretary may issue regulations further limiting
those entities that may become qualified entities in order to prevent
fraud and abuse and for other reasons.
`(C) RULE OF CONSTRUCTION- Nothing in this paragraph shall be construed
as preventing a State from limiting the classes of entities that may
become qualified entities, consistent with any limitations imposed under
subparagraph (B).
`(1) IN GENERAL- The State agency shall provide qualified entities with--
`(A) such forms as are necessary for an application to be made by an
individual described in subsection (a) for medical assistance under
the State plan; and
`(B) information on how to assist such individuals in completing and
filing such forms.
`(2) NOTIFICATION REQUIREMENTS- A qualified entity that determines under
subsection (b)(1)(A) that an individual described in subsection (a) is
presumptively eligible for medical assistance under a State plan shall--
`(A) notify the State agency of the determination within 5 working days
after the date on which determination is made; and
`(B) inform such individual at the time the determination is made that
an application for medical assistance is required to be made by not
later than the last day of the month following the month during which
the determination is made.
`(3) APPLICATION FOR MEDICAL ASSISTANCE- In the case of an individual
described in subsection (a) who is determined by a qualified entity to
be presumptively eligible for medical assistance under a State plan, the
individual shall apply for medical assistance by not later than the last
day of the month following the month during which the determination is
made.
`(d) Payment- Notwithstanding any other provision of this title, medical
assistance that--
`(1) is furnished to an individual described in subsection (a)--
`(A) during a presumptive eligibility period;
`(B) by a entity that is eligible for payments under the State plan;
and
`(2) is included in the care and services covered by the State plan, shall
be treated as medical assistance provided by such plan for purposes of
clause (4) of the first sentence of section 1905(b).'.
(2) CONFORMING AMENDMENTS-
(A) Section 1902(a)(47) of the Social Security Act (42 U.S.C. 1396a(a)(47))
is amended by inserting before the semicolon at the end the following:
`and provide for making medical assistance available to individuals
described in subsection (a) of section 1920C during a presumptive eligibility
period in accordance with such section.'.
(B) Section 1903(u)(1)(D)(v) of such Act (42 U.S.C. 1396b(u)(1)(D)(v))
is amended--
(i) by striking `or for' and inserting `, for'; and
(ii) by inserting before the period the following: `, or for medical
assistance provided to an individual described in subsection (a) of
section 1920C during a presumptive eligibility period under such section'.
SEC. 704. EFFECTIVE DATE.
(a) In General- Except as provided in paragraph (2), the amendments made
by this title take effect on October 1, 2007.
(b) Extension of Effective Date for State Law Amendment- In the case of
a State plan under title XIX of the Social Security Act (42 U.S.C. 1396
et seq.) which the Secretary of Health and Human Services determines requires
State legislation in order for the plan to meet the additional requirements
imposed by the amendments made by this title, the State plan shall not be
regarded as failing to comply with the requirements of such title solely
on the basis of its failure to meet these additional requirements before
the first day of the first calendar quarter beginning after the close of
the first regular session of the State legislature that begins after the
date of the enactment of this Act. For purposes of the previous sentence,
in the case of a State that has a 2-year legislative session, each year
of the session is considered to be a separate regular session of the State
legislature.
TITLE VIII--RESPONSIBLE EDUCATION ABOUT LIFE ACT
SEC. 801. SHORT TITLE.
This title may be cited as the `Responsible Education About Life Act of
2007'.
SEC. 802. ASSISTANCE TO REDUCE TEEN PREGNANCY, HIV/AIDS, AND OTHER SEXUALLY
TRANSMITTED DISEASES AND TO SUPPORT HEALTHY ADOLESCENT DEVELOPMENT.
(a) In General- Each eligible State shall be entitled to receive from the
Secretary of Health and Human Services, for each of the fiscal years 2008
through 2012, a grant to conduct programs of family life education, including
education on both abstinence and contraception for the prevention of teenage
pregnancy and sexually transmitted diseases, including HIV/AIDS.
(b) Requirements for Family Life Programs- For purposes of this title, a
program of family life education is a program that--
(1) is age-appropriate and medically accurate;
(2) does not teach or promote religion;
(3) teaches that abstinence is the only sure way to avoid pregnancy or
sexually transmitted diseases;
(4) stresses the value of abstinence while not ignoring those young people
who have had or are having sexual intercourse;
(5) provides information about the health benefits and side effects of
all contraceptives and barrier methods as a means to prevent pregnancy;
(6) provides information about the health benefits and side effects of
all contraceptives and barrier methods as a means to reduce the risk of
contracting sexually transmitted diseases, including HIV/AIDS;
(7) encourages family communication between parent and child about sexuality;
(8) teaches young people the skills to make responsible decisions about
sexuality, including how to avoid unwanted verbal, physical, and sexual
advances and how not to make unwanted verbal, physical, and sexual advances;
and
(9) teaches young people how alcohol and drug use can effect responsible
decisionmaking.
(c) Additional Activities- In carrying out a program of family life education,
a State may expend a grant under subsection (a) to carry out educational
and motivational activities that help young people--
(1) gain knowledge about the physical, emotional, biological, and hormonal
changes of adolescence and subsequent stages of human maturation;
(2) develop the knowledge and skills necessary to ensure and protect their
sexual and reproductive health from unintended pregnancy and sexually
transmitted disease, including HIV/AIDS throughout their lifespan;
(3) gain knowledge about the specific involvement and responsibility of
males in sexual decisionmaking;
(4) develop healthy attitudes and values about adolescent growth and development,
body image, racial and ethnic diversity, and other related subjects;
(5) develop and practice healthy life skills, including goal-setting,
decisionmaking, negotiation, communication, and stress management;
(6) promote self-esteem and positive interpersonal skills focusing on
relationship dynamics, including friendships, dating, romantic involvement,
marriage and family interactions; and
(7) prepare for the adult world by focusing on educational and career
success, including developing skills for employment preparation, job seeking,
independent living, financial self-sufficiency, and workplace productivity.
SEC. 803. SENSE OF CONGRESS.
It is the sense of Congress that while States are not required under this
title to provide matching funds, with respect to grants authorized under
section 802(a), they are encouraged to do so.
SEC. 804. EVALUATION OF PROGRAMS.
(a) In General- For the purpose of evaluating the effectiveness of programs
of family life education carried out with a grant under section 802, evaluations
of such program shall be carried out in accordance with subsections (b)
and (c).
(1) IN GENERAL- The Secretary shall provide for a national evaluation
of a representative sample of programs of family life education carried
out with grants under section 802. A condition for the receipt of such
a grant is that the State involved agree to cooperate with the evaluation.
The purposes of the national evaluation shall be the determination of--
(A) the effectiveness of such programs in helping to delay the initiation
of sexual intercourse and other high-risk behaviors;
(B) the effectiveness of such programs in preventing adolescent pregnancy;
(C) the effectiveness of such programs in preventing sexually transmitted
disease, including HIV/AIDS;
(D) the effectiveness of such programs in increasing contraceptive knowledge
and contraceptive behaviors when sexual intercourse occurs; and
(E) a list of best practices based upon essential programmatic components
of evaluated programs that have led to success in subparagraphs (A)
through (D).
(2) REPORT- A report providing the results of the national evaluation
under paragraph (1) shall be submitted to Congress not later than March
31, 2011, with an interim report provided on an annual basis at the end
of each fiscal year.
(c) Individual State Evaluations-
(1) IN GENERAL- A condition for the receipt of a grant under section 802
is that the State involved agree to provide for the evaluation of the
programs of family education carried out with the grant in accordance
with the following:
(A) The evaluation will be conducted by an external, independent entity.
(B) The purposes of the evaluation will be the determination of--
(i) the effectiveness of such programs in helping to delay the initiation
of sexual intercourse and other high-risk behaviors;
(ii) the effectiveness of such programs in preventing adolescent pregnancy;
(iii) the effectiveness of such programs in preventing sexually transmitted
disease, including HIV/AIDS; and
(iv) the effectiveness of such programs in increasing contraceptive
knowledge and contraceptive behaviors when sexual intercourse occurs.
(2) USE OF GRANT- A condition for the receipt of a grant under section
802 is that the State involved agree that not more than 10 percent of
the grant will be expended for the evaluation under paragraph (1).
SEC. 805. DEFINITIONS.
For purposes of this title:
(1) The term `eligible State' means a State that submits to the Secretary
an application for a grant under section 802 that 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 title.
(2) The term `HIV/AIDS' means the human immunodeficiency virus, and includes
acquired immune deficiency syndrome.
(3) The term `medically accurate', with respect to information, means
information that is supported by research, recognized as accurate and
objective by leading medical, psychological, psychiatric, and public health
organizations and agencies, and where relevant, published in peer review
journals.
(4) The term `Secretary' means the Secretary of Health and Human Services.
SEC. 806. APPROPRIATIONS.
(a) In General- For the purpose of carrying out this title, there are authorized
to be appropriated such sums as may be necessary for each of the fiscal
years 2008 through 2012.
(b) Allocations- Of the amounts appropriated under subsection (a) for a
fiscal year--
(1) not more than 7 percent may be used for the administrative expenses
of the Secretary in carrying out this title for that fiscal year; and
(2) not more than 10 percent may be used for the national evaluation under
section 804(b).
END
