S 2407
110th CONGRESS
1st Session
S. 2407
To provide for programs that reduce the need for abortion,
help women bear healthy children, and support new parents.
IN THE SENATE OF THE UNITED STATES
December 4, 2007
Mr. CASEY introduced the following bill; which was read twice and referred
to the Committee on Finance
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--PUBLIC AWARENESS AND ASSISTANCE FOR PREGNANT WOMEN AND NEW
PARENTS
Sec. 101. Grants for increasing public awareness of resources available
to assist pregnant women in carrying their pregnancies to term and
to assist new parents.
TITLE II--INCREASING WOMEN'S KNOWLEDGE ABOUT THEIR PREGNANCY
Sec. 201. Grants to health centers for purchase of ultrasound equipment.
Sec. 202. Report on reasons why women choose to have an abortion.
TITLE III--PREGNANCY AS A PREEXISTING CONDITION
Sec. 301. Individual health insurance coverage for pregnant women.
Sec. 302. Continuation of health insurance coverage for newborns.
TITLE IV--MEDICAID AND SCHIP COVERAGE OF PREGNANT WOMEN AND UNBORN
CHILDREN
Sec. 402. Codification of optional SCHIP coverage of unborn children.
Sec. 403. Additional options for States to provide nurse home visitation
services.
Sec. 404. Coordination with the maternal and child health program.
TITLE V--DISCLOSURE OF INFORMATION ON ABORTION SERVICES
Sec. 501. Disclosure of information on abortion services.
TITLE VI--SERVICES TO PATIENTS RECEIVING 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--SUPPORT FOR PREGNANT AND PARENTING COLLEGE STUDENTS
Sec. 701. Sense of Congress.
Sec. 703. Pregnant and parenting student services pilot program.
Sec. 704. Application; number of grants.
Sec. 705. Matching requirement.
Sec. 708. Authorization of appropriations.
TITLE VIII--SUPPORT FOR PREGNANT AND PARENTING TEENS
Sec. 801. Grants to States.
TITLE IX--IMPROVING SERVICES FOR PREGNANT WOMEN WHO ARE VICTIMS OF
DOMESTIC VIOLENCE, DATING VIOLENCE, AND STALKING
Sec. 902. Program to support pregnant women who are victims of domestic
violence.
Sec. 903. Homicide death certificates of certain female victims.
TITLE X--FEDERALLY-FUNDED HOMES FOR PREGNANT AND PARENTING WOMEN;
ADOPTION COUNSELING; PARENTING SKILLS
Sec. 1001. Counseling requirements.
TITLE XI--EXPANSION OF ADOPTION CREDIT AND ADOPTION ASSISTANCE PROGRAMS
Sec. 1101. Expansion of adoption credit and adoption assistance programs.
TITLE XII--PROVIDING SUPPORT TO NEW PARENTS
Sec. 1201. Increased support for WIC program.
Sec. 1202. Nutritional support for low-income parents.
Sec. 1203. Increased funding for the Child Care and Development Block
Grant program.
TITLE XIII--COLLECTING AND REPORTING ABORTION DATA
Sec. 1301. Grants for collection and reporting of abortion data.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) In 2004, 839,226 abortions were reported to the Centers for Disease
Control and Prevention.
(2) Forty-eight percent of all pregnancies in America are unintended.
Excluding miscarriages, 54 percent of unintended pregnancies end in
abortion.
(3) Fifty-seven 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--PUBLIC AWARENESS AND ASSISTANCE FOR PREGNANT WOMEN AND NEW
PARENTS
SEC. 101. GRANTS FOR INCREASING PUBLIC AWARENESS OF RESOURCES AVAILABLE
TO ASSIST PREGNANT WOMEN IN 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 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
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
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 II--INCREASING WOMEN'S KNOWLEDGE ABOUT THEIR PREGNANCY
SEC. 201. 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 2009, and such sums as may be necessary for each of the
fiscal years 2010 through 2013.'.
SEC. 202. 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,
2011.
TITLE III--PREGNANCY AS A PREEXISTING CONDITION
SEC. 301. 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 October 1, 2008, and shall apply to women who become pregnant
on or after such date.
SEC. 302. 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 301, 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, 2009, and shall apply to women who become pregnant on
or after such date and children who are born of such women.
TITLE IV--MEDICAID AND SCHIP COVERAGE OF PREGNANT WOMEN AND UNBORN
CHILDREN
SEC. 401. FINDINGS.
Congress makes the following findings:
(1) Medicaid and the State Children's Health Insurance Program have
collectively provided health insurance coverage to over 38,000,000
low-income pregnant women and children.
(2) Evidence-based nurse home visitation programs can improve the
health status of low-income pregnant women and children enrolled in
Medicaid and the State Children's Health Insurance Program by promoting
access to prenatal and well-baby care, reducing pre-term births, reducing
high-risk pregnancies, increasing time intervals between first and
subsequent births, and improving child cognitive, social and behavioral
skills, and development.
(3) In addition to health benefits, evidence-based nurse home visitation
programs have been proven to increase maternal employment and economic
self-sufficiency and significantly reduce child abuse and neglect,
child arrests, maternal arrests, and involvement in the criminal justice
system.
(4) Evidence-based nurse home visitation programs are cost effective,
yielding a 5-to-1 return on investment for every dollar spent on services,
and producing a net benefit to society of $34,000 per high risk family
served.
SEC. 402. 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. 403. ADDITIONAL OPTIONS FOR STATES TO PROVIDE NURSE HOME VISITATION
SERVICES.
(a) SCHIP- Section 2110(a)(15) of the Social Security Act (42 U.S.C.
1397jj(a)(15)) is amended--
(1) by inserting `(A)' after `(15)'; and
(2) by adding at the end the following:
`(B)(i) Evidence-based nurse home visitation services (such as services
related to improving prenatal health, pregnancy outcomes, child health
and development, school readiness, family stability and economic self-sufficiency,
reducing child abuse, neglect, and injury, reducing maternal and child
involvement in the criminal justice system, and increasing birth intervals
between pregnancies) on behalf of a targeted low-income child who
has not attained age 2 and is the first live birth to a biological
mother, but only if such services are provided in accordance with
outcome standards that have been replicated in multiple, rigorous,
randomized controlled trials in multiple sites, with outcomes that
improve prenatal health of children, pregnancy outcomes, child health,
child development, academic achievement, and mental health, reduce
child abuse, neglect, and injury, reduce maternal and child involvement
in the criminal justice system, increase birth intervals between pregnancies,
and improve maternal employment.'.
(b) Medicaid- Section 1905(a) of the Social Security Act (42 U.S.C.
1396d(a)) is amended--
(1) in paragraph (27), by striking `and' at the end;
(2) by redesignating paragraph (28) as paragraph (29); and
(3) by inserting after paragraph (27) the following:
`(28) evidence-based nurse home visitation services (such as services
related to improving prenatal health, pregnancy outcomes, child health
and development, school readiness, family stability and economic self-sufficiency,
reducing child abuse, neglect, and injury, reducing maternal and child
involvement in the criminal justice system, and increasing birth intervals
between pregnancies) for a first-time pregnant woman or on behalf
of a child who has not attained age 2 and is the first live birth
to a biological mother, but only if such services are provided in
accordance with outcome standards that have been replicated in multiple,
rigorous, randomized controlled trials in multiple sites, with outcomes
that improve prenatal health of children, pregnancy outcomes, child
health, child development, academic achievement, and mental health,
reduce child abuse, neglect, and injury, reduce maternal and child
involvement in the criminal justice system, increase birth intervals
between pregnancies, and improve maternal employment; and'.
(c) Rule of Construction- Nothing in the amendments made by this Act
shall be construed as affecting the ability of a State under the Medicaid
program under title XIX of the Social Security Act or the State Children's
Health Insurance Program under title XXI of such Act to provide nurse
home visitation services as part of another class of items and services
falling within the definition of medical assistance or child health
assistance under such titles, or as an administrative expenditure for
which payment is made under section 1903(a) or 2105(a) of such Act,
on or after the date of enactment of this Act.
(d) Timely Approval of Amendments or Proposals- The Secretary of Health
and Human Services shall, in a timely manner, review and notify a State
of the Secretary's approval or disapproval of--
(1) any proposed amendment to a State Medicaid plan under title XIX
of the Social Security Act to provide nurse home visitation services
as medical assistance described in section 1905(a)(28) of such Act;
(2) any proposed amendment to a State child health plan under title
XXI of such Act to provide such services as child health assistance
described in section 2110(a)(15)(B) of such Act; or
(3) any proposal submitted under section 1115 of such Act to provide
nurse home visitation services described in sections 1905(a)(28) and
2110(a)(15)(B) of such Act under a waiver approved under such section
1115.
(e) Effective Date- The amendments made by this section take effect
on October 1, 2007, and apply to child health assistance provided under
title XXI of the Social Security Act and medical assistance provided
under title XIX of such Act on or after that date.
SEC. 404. 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 October 1, 2008.
TITLE V--DISCLOSURE OF INFORMATION ON ABORTION SERVICES
SEC. 501. DISCLOSURE OF INFORMATION ON 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) Exception- This section shall not apply when the pregnant woman
is herself incapable, under State law, of making medical decisions.
This section does not affect or modify any requirement under State law
for making medical decisions for such patients.
(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 VI--SERVICES TO PATIENTS RECEIVING 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
to assist parents in the care, or placement for adoption, of a child
with 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 services described in subparagraph
(A) 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. 399R. 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.
`(5) SUPPORT- The terms `support' and `supportive services' mean services
to assist parents to care for, and prepare to care for, a child with
Down syndrome or another prenatally diagnosed condition, and to facilitate
the adoption of such children as appropriate.
`(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;
`(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 national and local peer-support programs;
and
`(C) 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;
`(3) establish a clearinghouse of information regarding the scientific
facts, clinical course, life expectancy, and development potential
relating to Down syndrome or other prenatally diagnosed conditions;
and
`(4) establish 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 601(a)(2)(A) of the Pregnant Women 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 described in subsection (b).
`(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 2009
through 2013.'.
TITLE VII--SUPPORT FOR PREGNANT AND PARENTING COLLEGE STUDENTS
SEC. 701. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) pregnant college students should not have to make a choice between
keeping their baby and staying in school;
(2) the pilot program under this title will help interested, eligible
institutions of higher education establish pregnancy and parenting
student services offices that will operate independent of Federal
funding no later than 5 years after the date of the enactment of this
title; and
(3) amounts appropriated to carry out other Federal programs should
be reduced to offset the costs of this title.
SEC. 702. DEFINITIONS.
(1) ELIGIBLE INSTITUTION OF HIGHER EDUCATION- The term `eligible institution
of higher education' means an institution of higher education (as
such term is defined in section 101 of the Higher Education Act of
1965 (20 U.S.C. 1001)) that has established and operates, or agrees
to establish and operate upon the receipt of a grant under this title,
a pregnant and parenting student services office described in section
906.
(2) PARENT; PARENTING- The terms `parent' and `parenting' refer to
a parent or legal guardian of a minor.
(3) SECRETARY- The term `Secretary' means the Secretary of Education.
SEC. 703. PREGNANT AND PARENTING STUDENT SERVICES PILOT PROGRAM.
From amounts appropriated under section 908 for a fiscal year, the Secretary
shall establish a pilot program to award grants to eligible institutions
of higher education to enable the eligible institutions to establish
(or maintain) and operate pregnant and parenting student services offices
in accordance with section 906.
SEC. 704. APPLICATION; NUMBER OF GRANTS.
(a) Application- An eligible institution of higher education that desires
to receive a grant under this title shall submit an application to the
Secretary at such time, in such manner, and containing such information
as the Secretary may require.
(b) Requests for Additional Information- The Secretary may require an
eligible institution submitting an application under subsection (a)
to provide additional information if the Secretary determines such information
is necessary to process the application.
(c) Number of Grants- Subject to the availability of appropriations
under section 908, the Secretary shall award grants under this title
to no more than 200 eligible institutions.
SEC. 705. MATCHING REQUIREMENT.
An eligible institution of higher education that receives a grant under
this title shall contribute to the conduct of the pregnant and parenting
student services office supported by the grant an amount from non-Federal
funds equal to the amount of the grant. The non-Federal share may be
in cash or in kind, fairly evaluated, including services, facilities,
supplies, or equipment.
SEC. 706. USE OF FUNDS.
(a) In General- An eligible institution of higher education that receives
a grant under this title shall use grant funds to establish (or maintain)
and operate a pregnant and parenting student services office, located
on the campus of the eligible institution, that carries out the following
programs and activities:
(1) Hosts an initial pregnancy and parenting resource forum--
(A) to assess pregnancy and parenting resources, located on the
campus or within the local community, that are available to meet
the needs described in paragraph (2); and
(i) improving such resources for pregnant, parenting, and prospective
parenting students; and
(ii) improving access to such resources.
(2) Annually assesses the performance of the eligible institution
and the office in meeting the following needs of students enrolled
in the eligible institution who are pregnant or are parents:
(A) The inclusion of maternity coverage and the availability of
riders for additional family members in student health care.
(D) Flexible or alternative academic scheduling, such as telecommuting
programs.
(E) Education to improve parenting skills for mothers and fathers
and to strengthen marriages.
(F) Maternity and baby clothing, baby food (including formula),
baby furniture, and similar items to assist parents and prospective
parents in meeting the material needs of their children.
(G) Post-partum counseling and support groups.
(3) Identifies public and private service providers, located on the
campus of the eligible institution or within the local community,
that are qualified to meet the needs described in paragraph (2), and
establishes programs with qualified providers to meet such needs.
(4) Assists pregnant and parenting students and their spouses in locating
and obtaining services that meet the needs described in paragraph
(2).
(5) If appropriate, provides referrals for prenatal care and delivery,
infant or foster care, or adoption, to a student who requests such
information. An office shall make such referrals only to service providers
that primarily serve the following types of individuals:
(B) Prospective parents awaiting adoption.
(C) Women who are pregnant and plan on parenting or placing the
child for adoption.
(D) Parenting or prospective parenting couples who are married or
who plan on marrying in order to provide a supportive environment
for each other and their child.
(b) Expanded Services- In carrying out the programs and activities described
in subsection (a), an eligible institution of higher education receiving
a grant under this title may choose to provide access to such programs
and activities to a pregnant or parenting employee of the eligible institution,
and the employee's spouse.
SEC. 707. REPORTING.
(a) Annual Report by Institutions-
(1) IN GENERAL- For each fiscal year that an eligible institution
of higher education receives a grant under this title, the eligible
institution shall prepare and submit to the Secretary, by the date
determined by the Secretary, a report that--
(A) itemizes the pregnant and parenting student services office's
expenditures for the fiscal year;
(B) contains a review and evaluation of the performance of the office
in fulfilling the requirements of this title, using the specific
performance criteria or standards established under paragraph (2)(A);
and
(C) describes the achievement of the office in meeting the needs
listed in section 906(a)(2) of the students served by the eligible
institution, and the frequency of use of the office by such students.
(2) PERFORMANCE CRITERIA- Not later than 180 days before the date
the annual report described in paragraph (1) is submitted, the Secretary--
(A) shall identify the specific performance criteria or standards
that shall be used to prepare the report; and
(B) may establish the form or format of the report.
(3) ADDITIONAL INFORMATION- After reviewing an annual report of an
eligible institution of higher education, the Secretary may require
that the eligible institution provide additional information if the
Secretary determines that such additional information is necessary
to evaluate the pilot program.
(b) Report by Secretary- The Secretary shall annually prepare and submit
a report on the findings of the pilot program under this title, including
the number of eligible institutions of higher education that were awarded
grants and the number of students served by each pregnant and parenting
student services office receiving funds under this title, to the appropriate
committees of the Senate and the House of Representatives.
SEC. 708. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this title no more
than $10,000,000 for each of the fiscal years 2009 through 2013.
TITLE VIII--SUPPORT FOR PREGNANT AND PARENTING TEENS
SEC. 801. 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 IX--IMPROVING SERVICES FOR PREGNANT WOMEN WHO ARE VICTIMS OF
DOMESTIC VIOLENCE, DATING VIOLENCE, AND STALKING
SEC. 901. 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. 902. PROGRAM TO SUPPORT PREGNANT WOMEN WHO ARE VICTIMS OF DOMESTIC
VIOLENCE.
(a) In General- For fiscal year 2009 and each subsequent fiscal year,
the Attorney General, through the Director of the Office on Violence
Against Women, may award grants to States, to be used for any of the
following purposes:
(1) To assist States in providing intervention services, accompaniment,
and supportive social services for eligible pregnant women who are
victims of domestic violence, dating violence, or stalking.
(2) To provide for technical assistance and training (as described
in subsection (c)) relating to violence against eligible pregnant
women to be made available to the following:
(A) Federal, State, tribal, territorial, and local governments,
law enforcement agencies, and courts.
(B) Professionals working in legal, social service, and health care
settings.
(C) Nonprofit organizations.
(D) Faith-based organizations.
(b) State Eligibility- To be eligible for a grant under subsection (a),
a State shall--
(1) submit to the Attorney General an application in such time and
manner, and containing such information, as specified by the Attorney
General; and
(2) for a grant made for a fiscal year beginning on or after the date
that is one year after the date of the enactment of this title, satisfy
the requirement under section 903, relating to female homicide victim
determinations and death certificates.
(c) Technical Assistance and Training Described- For purposes of subsection
(a)(2), technical assistance and training is--
(1) the identification of eligible pregnant women experiencing domestic
violence, dating violence, or stalking;
(2) the assessment of the immediate and short-term safety of such
a pregnant woman, the evaluation of the impact of the violence or
stalking on the pregnant woman's health, and the assistance of the
pregnant woman in developing a plan aimed at preventing further domestic
violence, dating violence, or stalking, as appropriate;
(3) the maintenance of complete medical or forensic records that include
the documentation of any examination, treatment given, and referrals
made, recording the location and nature of the pregnant woman's injuries,
and the establishment of mechanisms to ensure the privacy and confidentiality
of those medical records; and
(4) the identification and referral of the pregnant woman to appropriate
public and private nonprofit entities that provide intervention services,
accompaniment, and supportive social services.
(d) Definitions- For purposes of this title:
(1) ACCOMPANIMENT- The term `accompaniment' means assisting, representing,
and accompanying a woman in seeking judicial relief for child support,
child custody, restraining orders, and restitution for harm to persons
and property, and in filing criminal charges, and may include the
payment of court costs and reasonable attorney and witness fees associated
therewith.
(2) ELIGIBLE PREGNANT WOMAN- The term `eligible pregnant woman' means
any woman who is pregnant on the date on which such woman becomes
a victim of domestic violence, dating violence, or stalking or who
was pregnant during the one-year period before such date.
(3) INTERVENTION SERVICES- The term `intervention services' means,
with respect to domestic violence, dating violence, or stalking, 24-hour
telephone hotline services for police protection and referral to shelters.
(4) STATE- The term `State' includes the District of Columbia, any
commonwealth, possession, or other territory of the United States,
and any Indian tribe or reservation.
(5) SUPPORTIVE SOCIAL SERVICES- The term `supportive social services'
means transitional and permanent housing, vocational counseling, and
individual and group counseling aimed at preventing domestic violence,
dating violence, or stalking.
(6) VIOLENCE- The term `violence' means actual violence and the risk
or threat of violence.
(e) 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 2009 through 2013.
SEC. 903. HOMICIDE DEATH CERTIFICATES OF CERTAIN FEMALE VICTIMS.
For purposes of section 902(b)(2), the requirement under this section
is that not later than the date that is one year after the date of the
enactment of this title, a State shall require, with respect to any
homicide case initiated after such one-year date and in which the victim
is a female of possible child-bearing age, each of the following:
(1) A determination of which, if any, of the following categories,
described the victim:
(A) The victim was pregnant on the date of her death.
(B) The victim was not pregnant on the date of her death, but had
been pregnant during the 42-day period before such date.
(C) The victim was not pregnant on the date of her death, but had
been pregnant during the period beginning on the date that was one
year before such date of her death and ending on the date that was
43 days before such date of her death.
(D) The victim was not pregnant during the one-year period before
the date of her death.
(E) It could not be determined whether or not the victim had been
pregnant during the one-year period before the date of her death.
(2) The determination made under paragraph (1) shall be included in
the death certificate of the victim.
TITLE X--FEDERALLY-FUNDED HOMES FOR PREGNANT AND PARENTING WOMEN;
ADOPTION COUNSELING; PARENTING SKILLS
SEC. 1001. 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 XI--EXPANSION OF ADOPTION CREDIT AND ADOPTION ASSISTANCE PROGRAMS
SEC. 1101. 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, 2008, 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 2008' 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, 2008, 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 2007' 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) 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 `sections
23 and' and inserting `section'.
(B) Section 25(e)(1)(C) of such Code is amended--
(i) in clause (i) by striking `23, 25D,' and inserting `25D',
and
(ii) in clause (ii) by striking `23,'.
(C) Section 25B(g)(2) of such Code is amended by striking `and section
23'.
(D) Section 25D(c)(2) of such Code is amended by striking `23, 24,'
and inserting `24'.
(E) Section 26(a)(1) of such Code is amended by striking `23, 24'
and inserting `24'.
(F) Section 36 of such Code, as so redesignated, is amended--
(i) by striking paragraph (4) of subsection (b), and
(ii) by striking subsection (c).
(G) 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'.
(H) Section 904(i) of such Code is amended by striking `23, 24,'
and inserting `24'.
(I) Section 1016(a)(26) is amended by striking `23(g)' and inserting
`36(g)'.
(J) Section 1400C(d) of such Code is amended by striking `23, 24,'
and inserting `24'.
(K) 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.
(L) Paragraph (2) of section 1324(b) of title 31, United States
Code, is amended by inserting `or 36' after `section 35'.
(M) 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, 2008.
TITLE XII--PROVIDING SUPPORT TO NEW PARENTS
SEC. 1201. 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) served approximately 8,100,000 women, infants, and children
per month in fiscal year 2006.
(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.
(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 $6,000,000,000
for fiscal year 2009, and such sums as may be necessary for each of
fiscal years 2010 through 2013, of which--
(1) there is authorized to be appropriated $15,000,000 for fiscal
year 2009, and such sums as may be necessary for each of fiscal years
2010 through 2013, for breast-feeding peer counselors; and
(2) there is authorized to be appropriated $14,000,000 for fiscal
year 2009, and such sums as may be necessary for each of fiscal years
2010 through 2013, for infrastructure needs.
SEC. 1202. 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 per centum' and inserting `85 percent'.
SEC. 1203. 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 2009 and such sums as may be necessary
for fiscal years 2010 through 2013.'.
(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 `2009 through 2013'.
TITLE XIII--COLLECTING AND REPORTING ABORTION DATA
SEC. 1301. GRANTS FOR COLLECTION AND REPORTING OF ABORTION 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 2010 and 2012 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.
(3) PERSONAL INFORMATION- A report submitted by a State under this
subsection shall not contain the name of any woman obtaining or seeking
to obtain an abortion, any common identifier (such as a social security
number), or any other identifier (including statistical information)
that would make it possible to identify in any manner or under any
circumstances an individual who has obtained or seeks to obtain an
abortion.
(c) Confidentiality- The Secretary shall maintain the confidentiality
of any individually identifiable information reported to the Secretary
under this section.
(1) IN GENERAL- Not later than the end of fiscal year 2012, the Secretary
shall submit a report to the Congress on the abortion surveillance
data reported to the Secretary under this section.
(2) PERSONAL INFORMATION- A report submitted by the Secretary to the
Congress under this subsection shall not contain any name or other
identifier described in subsection (b)(3).
(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 2009 through 2013.
END
