Text of US HB 3602 (2017)

I 115TH CONGRESS 1ST SESSION H. R. 3602 To provide for the overall health and well-being of young people, including the promotion of lifelong sexual health and healthy relationships, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JULY 28, 2017 Ms. LEE (for herself, Ms. DEGETTE, Mr. ELLISON, Mr. TONKO, Mr. TAKANO, Mr. HUFFMAN, Ms. NORTON, Mr. MCNERNEY, Ms. SPEIER, Miss RICE of New York, Mr. DEUTCH, Ms. CLARK of Massachusetts, Mr. GRIJALVA, Mr. BLUMENAUER, Mr. AGUILAR, Ms. ROYBAL-ALLARD, Mr. LARSEN of Washington, Mr. KIHUEN, Ms. CLARKE of New York, Mr. KHANNA, Ms. TITUS, Mr. NADLER, Mr. MCGOVERN, Mr. RYAN of Ohio, Mr. PRICE of North Carolina, Ms. KELLY of Illinois, Mr. LOWENTHAL, Mr. SCHIFF, Ms. DELAURO, Mr. DANNY K. DAVIS of Illinois, Ms. HANABUSA, Mr. CARBAJAL, Ms. SCHAKOWSKY, Mr. EVANS, Mr. CONYERS, Mr. WELCH, Ms. BONAMICI, Ms. JUDY CHU of California, Ms. SLAUGHTER, Mr. LEWIS of Georgia, Ms. ADAMS, Mr. CICILLINE, Ms. FRANKEL of Florida, Mrs. CAROLYN B. MALONEY of New York, Mr. POCAN, and Mr. SERRANO) introduced the following bill; which was referred to the Com- mittee on Energy and Commerce, and in addition to the Committee on Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide for the overall health and well-being of young people, including the promotion of lifelong sexual health and healthy relationships, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 01:18 Aug 12, 2017 Jkt 069200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3602.IH H3602 dlhill on DSK30JT082PROD with BILLS 2 •HR 3602 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Real Education for 2 Healthy Youth Act of 2017’’. 3 SEC. 2. PURPOSES; FINDING; SENSE OF CONGRESS. 4 (a) PURPOSES.—The purposes of this Act are to pro- 5 vide young people with comprehensive sex education pro- 6 grams that— 7 (1) promote and uphold the rights of young 8 people to information in order to make healthy deci- 9 sions about their sexual health; 10 (2) provide the information and skills all young 11 people need to make informed, responsible, and 12 healthy decisions in order to become sexually healthy 13 adults and have healthy relationships; 14 (3) provide information about the prevention of 15 unintended pregnancy, sexually transmitted infec- 16 tions, including HIV, dating violence, sexual assault, 17 bullying, and harassment; and 18 (4) provide resources and information on topics 19 ranging from gender stereotyping and gender roles 20 and stigma and socio-cultural influences surrounding 21 sex and sexuality. 22 (b) FINDING ON REQUIRED RESOURCES.—In order 23 to provide the comprehensive sex education described in 24 subsection (a), Congress finds that increased resources are 25 required for sex education programs that— 26 VerDate Sep 11 2014 01:18 Aug 12, 2017 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3602.IH H3602 dlhill on DSK30JT082PROD with BILLS 3 •HR 3602 IH (1) substantially incorporate elements of evi- 1 dence-based programs or characteristics of effective 2 programs; 3 (2) cover a broad range of topics, including 4 medically accurate and complete information that is 5 age and developmentally appropriate about all the 6 aspects of sex, sexual health, and sexuality; 7 (3) are gender and gender identity-sensitive, 8 emphasizing the importance of equality and the so- 9 cial environment for achieving sexual and reproduc- 10 tive health and overall well-being; 11 (4) promote educational achievement, critical 12 thinking, decisionmaking, self-esteem, and self-effi- 13 cacy; 14 (5) help develop healthy attitudes and insights 15 necessary for understanding relationships between 16 oneself and others and society; 17 (6) foster leadership skills and community en- 18 gagement by— 19 (A) promoting principles of fairness, 20 human dignity, and respect; and 21 (B) engaging young people as partners in 22 their communities; and 23 VerDate Sep 11 2014 01:18 Aug 12, 2017 Jkt 069200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3602.IH H3602 dlhill on DSK30JT082PROD with BILLS 4 •HR 3602 IH (7) are culturally and linguistically appropriate, 1 reflecting the diverse circumstances and realities of 2 young people. 3 (c) SENSE OF CONGRESS.—It is the sense of Con- 4 gress that— 5 (1) federally funded sex education programs 6 should aim to— 7 (A) provide information about a range of 8 human sexuality topics, including— 9 (i) human development, healthy rela- 10 tionships, personal skills; 11 (ii) sexual behavior including absti- 12 nence; 13 (iii) sexual health including preventing 14 unintended pregnancy; 15 (iv) sexually transmitted infections in- 16 cluding HIV; and 17 (v) society and culture; 18 (B) promote safe and healthy relation- 19 ships; 20 (C) promote gender equity; 21 (D) use, and be informed by, the best sci- 22 entific information available; 23 VerDate Sep 11 2014 23:18 Aug 14, 2017 Jkt 069200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3602.IH H3602 dlhill on DSK30JT082PROD with BILLS 5 •HR 3602 IH (E) be culturally appropriate and inclusive 1 of youth with varying gender identities, gender 2 expressions, and sexual orientations; 3 (F) be built on characteristics of effective 4 programs; 5 (G) expand the existing body of research 6 on comprehensive sex education programs 7 through program evaluation; 8 (H) expand training programs for teachers 9 of comprehensive sex education; 10 (I) build on programs funded under section 11 513 of the Social Security Act (42 U.S.C. 713) 12 and the Office of Adolescent Health’s Teen 13 Pregnancy Prevention Program, funded under 14 title II of the Consolidated Appropriations Act, 15 2010 (Public Law 111–117; 123 Stat. 3253), 16 and on programs supported through the Cen- 17 ters for Disease Control and Prevention (CDC); 18 and 19 (J) promote and uphold the rights of 20 young people to information in order to make 21 healthy and autonomous decisions about their 22 sexual health; and 23 (2) no Federal funds should be used for health 24 education programs that— 25 VerDate Sep 11 2014 01:18 Aug 12, 2017 Jkt 069200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3602.IH H3602 dlhill on DSK30JT082PROD with BILLS 6 •HR 3602 IH (A) withhold health-promoting or life-sav- 1 ing information about sexuality-related topics, 2 including HIV; 3 (B) are medically inaccurate or have been 4 scientifically shown to be ineffective; 5 (C) promote gender or racial stereotypes; 6 (D) are insensitive and unresponsive to the 7 needs of sexually active young people; 8 (E) are insensitive and unresponsive to the 9 needs of survivors of sexual violence; 10 (F) are insensitive and unresponsive to the 11 needs of youth of all physical, developmental, 12 and mental abilities; 13 (G) are insensitive and unresponsive to the 14 needs of youth with varying gender identities, 15 gender expressions, and sexual orientations; or 16 (H) are inconsistent with the ethical im- 17 peratives of medicine and public health. 18 SEC. 3. GRANTS FOR COMPREHENSIVE SEX EDUCATION 19 FOR ADOLESCENTS. 20 (a) PROGRAM AUTHORIZED.—The Secretary, in co- 21 ordination with the Associate Commissioner of the Family 22 and Youth Services Bureau of the Administration on Chil- 23 dren, Youth, and Families of the Department of Health 24 and Human Services, the Director of the Office of Adoles- 25 VerDate Sep 11 2014 01:18 Aug 12, 2017 Jkt 069200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3602.IH H3602 dlhill on DSK30JT082PROD with BILLS 7 •HR 3602 IH cent Health, the Director of the Division of Adolescent 1 and School Health within the Centers for Disease Control 2 and Prevention and the Secretary of Education, shall 3 award grants, on a competitive basis, to eligible entities 4 to enable such eligible entities to carry out programs that 5 provide adolescents with comprehensive sex education, as 6 described in subsection (f). 7 (b) DURATION.—Grants awarded under this section 8 shall be for a period of 5 years. 9 (c) ELIGIBLE ENTITY.—In this section, the term ‘‘el- 10 igible entity’’ means a public or private entity that focuses 11 on adolescent health and education or has experience 12 working with adolescents. 13 (d) APPLICATIONS.—An eligible entity desiring a 14 grant under this section shall submit an application to the 15 Secretary at such time, in such manner, and containing 16 such information as the Secretary may require, including 17 an assurance to participate in the evaluation described in 18 section 6. 19 (e) PRIORITY.—In awarding grants under this sec- 20 tion, the Secretary shall give priority to eligible entities 21 that— 22 (1) are State or local public entities; 23 (2) are entities not currently receiving funds 24 under— 25 VerDate Sep 11 2014 01:18 Aug 12, 2017 Jkt 069200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3602.IH H3602 dlhill on DSK30JT082PROD with BILLS 8 •HR 3602 IH (A) section 513 of the Social Security Act 1 (42 U.S.C. 713); 2 (B) the Office of Adolescent Health’s Teen 3 Pregnancy Prevention Program, funded under 4 title II of the Consolidated Appropriations Act, 5 2010 (Public Law 111–117; 123 Stat. 3253), 6 or any substantially similar successive program; 7 or 8 (C) the Centers for Disease Control and 9 Prevention’s Division of Adolescent and School 10 Health; and 11 (3) address health inequities among young peo- 12 ple that face systemic barriers resulting in dis- 13 proportionate rates of not less than one of the fol- 14 lowing: 15 (A) Unintended pregnancies. 16 (B) Sexually transmitted infections, includ- 17 ing HIV. 18 (C) Dating violence and sexual violence. 19 (f) USE OF FUNDS.— 20 (1) IN GENERAL.—Each eligible entity that re- 21 ceives a grant under this section shall use the grant 22 funds to carry out an education program that pro- 23 vides adolescents with comprehensive sex education 24 that— 25 VerDate Sep 11 2014 23:18 Aug 14, 2017 Jkt 069200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3602.IH H3602 dlhill on DSK30JT082PROD with BILLS 9 •HR 3602 IH (A) is age and developmentally appro- 1 priate; 2 (B) is medically accurate and complete; 3 (C) substantially incorporates elements of 4 evidence-based sex education instruction; or 5 (D) creates a demonstration project based 6 on characteristics of effective programs. 7 (2) CONTENTS OF COMPREHENSIVE SEX EDU- 8 CATION PROGRAMS.—The comprehensive sex edu- 9 cation programs funded under this section shall in- 10 clude instruction and materials that address— 11 (A) the physical, social, and emotional 12 changes of human development including, 13 human anatomy, reproduction, and sexual de- 14 velopment; 15 (B) healthy relationships, including friend- 16 ships, within families, and society, that are 17 based on mutual respect, and the ability to dis- 18 tinguish between healthy and unhealthy rela- 19 tionships, including— 20 (i) effective communication, negotia- 21 tion and refusal skills, including the skills 22 to recognize and report inappropriate or 23 abusive sexual advances; 24 VerDate Sep 11 2014 01:18 Aug 12, 2017 Jkt 069200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3602.IH H3602 dlhill on DSK30JT082PROD with BILLS 10 •HR 3602 IH (ii) bodily autonomy, setting and re- 1 specting personal boundaries, practicing 2 personal safety, and consent; and 3 (iii) the limitations and harm of gen- 4 der-role stereotypes, violence, coercion, bul- 5 lying, harassment, and intimidation in re- 6 lationships; 7 (C) healthy decisionmaking skills about 8 sexuality and relationships that include— 9 (i) critical thinking, problem solving, 10 self-efficacy, stress-management, self-care, 11 and decisionmaking; 12 (ii) individual values and attitudes; 13 (iii) the promotion of positive body 14 images; 15 (iv) developing an understanding that 16 there are a range of body types and en- 17 couraging positive feeling about students’ 18 own body types; 19 (v) information on how to respect oth- 20 ers and ensure safety on the internet and 21 when using other forms of digital commu- 22 nication; 23 (vi) information on local services and 24 resources where students can obtain addi- 25 VerDate Sep 11 2014 01:18 Aug 12, 2017 Jkt 069200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3602.IH H3602 dlhill on DSK30JT082PROD with BILLS 11 •HR 3602 IH tional information related to bullying, har- 1 assment, dating violence and sexual as- 2 sault, suicide prevention, and other related 3 care; 4 (vii) encouragement for youth to com- 5 municate with their parents or guardians, 6 health and social service professionals, and 7 other trusted adults about sexuality and 8 intimate relationships; 9 (viii) information on how to create a 10 safe environment for all students and oth- 11 ers in society; 12 (ix) examples of varying types of rela- 13 tionships, couples, and family structures; 14 and 15 (x) affirmative representation of vary- 16 ing gender identities, gender expressions, 17 and sexual orientations, including individ- 18 uals and relationships between same sex 19 couples and their families; 20 (D) abstinence, delaying age of first sexual 21 activity, the use of condoms, preventive medica- 22 tion, vaccination, birth control, and other sexu- 23 ally transmitted infection prevention measures, 24 VerDate Sep 11 2014 01:18 Aug 12, 2017 Jkt 069200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3602.IH H3602 dlhill on DSK30JT082PROD with BILLS 12 •HR 3602 IH and the options for pregnancy, including par- 1 enting, adoption, and abortion, including— 2 (i) the importance of effectively using 3 condoms, preventive medication, and appli- 4 cable vaccinations to protect against sexu- 5 ally transmitted infections, including HIV; 6 (ii) the benefits of effective contracep- 7 tive and condom use in avoiding unin- 8 tended pregnancy; 9 (iii) the relationship between sub- 10 stance use and sexual health and behav- 11 iors; and 12 (iv) information about local health 13 services where students can obtain addi- 14 tional information and services related to 15 sexual and reproductive health and other 16 related care; 17 (E) through affirmative recognition, the 18 roles that traditions, values, religion, norms, 19 gender roles, acculturation, family structure, 20 health beliefs, and political power play in how 21 students make decisions that affect their sexual 22 health, using examples of various types of races, 23 ethnicities, cultures, and families, including sin- 24 gle-parent households and young families; 25 VerDate Sep 11 2014 01:18 Aug 12, 2017 Jkt 069200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H3602.IH H3602 dlhill on DSK30JT082PROD with BILLS 13 •HR 3602 IH (F) information about gender identity, 1 gender expression, and sexual orientation for all 2 students, including— 3 (i) affirmative recognition that people 4 have different gender identities, gender ex- 5 pressions, and sexual orientations; and 6 (ii) community resources that can pro- 7 vide additional support for individuals with 8 varying gender identities, gender expres- 9 sions, and sexual orientations; and 10 (G) opportunities to explore the roles that 11 race, ethnicity, immigration status, disability 12 status, economic status, homelessness, foster 13 care status, and language within different com- 14 munities affect sexual attitudes in society and 15 culture and how this may impact student sexual 16 health. 17 SEC. 4. GRANTS FOR COMPREHENSIVE SEX EDUCATION AT 18 INSTITUTIONS OF HIGHER EDUCATION. 19 (a) PROGRAM AUTHORIZED.—The Secretary, in co- 20 ordination with the Secretary of Education, shall award 21 grants, on a competitive basis, to institutions of higher 22 education or consortia of such institutions to enable such 23 institutions to provide young people with comprehensive 24 sex education, described in subsection (e)(2). 25 VerDate Sep 11 2014 01:18 Aug 12, 2017 Jkt 069200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H3602.IH H3602 dlhill on DSK30JT082PROD with BILLS 14 •HR 3602 IH (b) DURATION.—Grants awarded under this section 1 shall be for a period of 5 years. 2 (c) APPLICATIONS.—An institution of higher edu- 3 cation or consortia of such institutions desiring a grant 4 under this section shall submit an application to the Sec- 5 retary at such time, in such manner, and containing such 6 information as the Secretary may require, including an as- 7 surance to participate in the evaluation described in sec- 8 tion 6. 9 (d) PRIORITY.—In awarding grants under this sec- 10 tion, the Secretary shall give priority to an institution of 11 higher education that— 12 (1) has an enrollment of needy students as de- 13 fined in section 318(b) of the Higher Education Act 14 of 1965 (20 U.S.C. 1059e(b)); 15 (2) is a Hispanic-serving institution, as defined 16 in section 502(a) of such Act (20 U.S.C. 1101a(a)); 17 (3) is a Tribal College or University, as defined 18 in section 316(b) of such Act (20 U.S.C. 1059c(b)); 19 (4) is an Alaska Native-serving institution, as 20 defined in section 317(b) of such Act (20 U.S.C. 21 1059d(b)); 22 (5) is a Native Hawaiian-serving institution, as 23 defined in section 317(b) of such Act (20 U.S.C. 24 1059d(b)); 25 VerDate Sep 11 2014 01:18 Aug 12, 2017 Jkt 069200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H3602.IH H3602 dlhill on DSK30JT082PROD with BILLS 15 •HR 3602 IH (6) is a Predominately Black Institution, as de- 1 fined in section 318(b) of such Act (20 U.S.C. 2 1059e(b)); 3 (7) is a Native American-serving, nontribal in- 4 stitution, as defined in section 319(b) of such Act 5 (20 U.S.C. 1059f(b)); 6 (8) is an Asian American and Native American 7 Pacific Islander-serving institution, as defined in 8 section 320(b) of such Act (20 U.S.C. 1059g(b)); or 9 (9) is a minority institution, as defined in sec- 10 tion 365 of such Act (20 U.S.C. 1067k), with an en- 11 rollment of needy students, as defined in section 312 12 of such Act (20 U.S.C. 1058). 13 (e) USES OF FUNDS.— 14 (1) IN GENERAL.—An institution of higher edu- 15 cation receiving a grant under this section shall use 16 grant funds to integrate issues relating to com- 17 prehensive sex education into institution of higher 18 education in order to reach a large number of stu- 19 dents, by carrying out one or more of the following 20 activities: 21 (A) Developing or adopting educational 22 content for issues relating to comprehensive sex 23 education that will be incorporated into student 24 orientation, general education, or core courses. 25 VerDate Sep 11 2014 01:18 Aug 12, 2017 Jkt 069200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H3602.IH H3602 dlhill on DSK30JT082PROD with BILLS 16 •HR 3602 IH (B) Developing or adopting, and imple- 1 menting schoolwide educational programming 2 outside of class that delivers elements of com- 3 prehensive sex education programs to students, 4 faculty, and staff. 5 (C) Developing or adopting innovative 6 technology-based approaches to deliver sex edu- 7 cation to students, faculty, and staff. 8 (D) Developing or adopting, and imple- 9 menting peer-outreach and education programs 10 to generate discussion, educate, and raise 11 awareness among students about issues relating 12 to comprehensive sex education. 13 (2) CONTENTS OF SEX EDUCATION PRO- 14 GRAMS.—Each institution of higher education’s pro- 15 gram of comprehensive sex education funded under 16 this section shall include instruction and materials 17 that address the requirements under section 3(f). 18 SEC. 5. GRANTS FOR PRE-SERVICE AND IN-SERVICE TEACH- 19 ER TRAINING. 20 (a) PROGRAM AUTHORIZED.—The Secretary, in co- 21 ordination with the Director of the Centers for Disease 22 Control and Prevention and the Secretary of Education, 23 shall award grants, on a competitive basis, to eligible enti- 24 VerDate Sep 11 2014 01:18 Aug 12, 2017 Jkt 069200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H3602.IH H3602 dlhill on DSK30JT082PROD with BILLS 17 •HR 3602 IH ties to enable such eligible entities to carry out the activi- 1 ties described in subsection (e). 2 (b) DURATION.—Grants awarded under this section 3 shall be for a period of 5 years. 4 (c) ELIGIBLE ENTITY.—In this section, the term ‘‘el- 5 igible entity’’ means— 6 (1) a State educational agency; 7 (2) a local educational agency; 8 (3) a tribe or tribal organization, as defined in 9 section 4 of the Indian Self-Determination and Edu- 10 cation Assistance Act (25 U.S.C. 5304); 11 (4) a State or local department of health; 12 (5) a State or local department of education; 13 (6) an educational service agency; 14 (7) a nonprofit institution of higher education; 15 (8) a national or statewide nonprofit organiza- 16 tion that has as its primary purpose the improve- 17 ment of provision of comprehensive sex education 18 through training and effective teaching of com- 19 prehensive sex education; or 20 (9) a consortium of nonprofit organizations that 21 has as its primary purpose the improvement of pro- 22 vision of comprehensive sex education through train- 23 ing and effective teaching of comprehensive sex edu- 24 cation. 25 VerDate Sep 11 2014 01:18 Aug 12, 2017 Jkt 069200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H3602.IH H3602 dlhill on DSK30JT082PROD with BILLS 18 •HR 3602 IH (d) APPLICATION.—An eligible entity desiring a 1 grant under this section shall submit an application to the 2 Secretary at such time, in such manner, and containing 3 such information as the Secretary may require, including 4 an assurance to participate in the evaluation described in 5 section 6. 6 (e) AUTHORIZED ACTIVITIES.— 7 (1) REQUIRED ACTIVITY.—Each eligible entity 8 receiving a grant under this section shall use grant 9 funds for professional development and training of 10 relevant faculty, school administrators, teachers, and 11 staff, in order to increase effective teaching of com- 12 prehensive sex education students. 13 (2) PERMISSIBLE ACTIVITIES.—Each eligible 14 entity receiving a grant under this section may use 15 grant funds to— 16 (A) provide research-based training of 17 teachers for comprehensive sex education for 18 adolescents as a means of broadening student 19 knowledge about issues related to human devel- 20 opment, healthy relationships, personal skills, 21 and sexual behavior, including abstinence, sex- 22 ual health, and society and culture; 23 (B) support the dissemination of informa- 24 tion on effective practices and research findings 25 VerDate Sep 11 2014 01:18 Aug 12, 2017 Jkt 069200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H3602.IH H3602 dlhill on DSK30JT082PROD with BILLS 19 •HR 3602 IH concerning the teaching of comprehensive sex 1 education; 2 (C) support research on— 3 (i) effective comprehensive sex edu- 4 cation teaching practices; and 5 (ii) the development of assessment in- 6 struments and strategies to document— 7 (I) student understanding of 8 comprehensive sex education; and 9 (II) the effects of comprehensive 10 sex education; 11 (D) convene national conferences on com- 12 prehensive sex education, in order to effectively 13 train teachers in the provision of comprehensive 14 sex education; and 15 (E) develop and disseminate appropriate 16 research-based materials to foster comprehen- 17 sive sex education. 18 (3) SUBGRANTS.—Each eligible entity receiving 19 a grant under this section may award subgrants to 20 nonprofit organizations that possess a demonstrated 21 record of providing training to faculty, school admin- 22 istrators, teachers, and staff on comprehensive sex 23 education to— 24 VerDate Sep 11 2014 01:18 Aug 12, 2017 Jkt 069200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H3602.IH H3602 dlhill on DSK30JT082PROD with BILLS 20 •HR 3602 IH (A) train teachers in comprehensive sex 1 education; 2 (B) support Internet or distance learning 3 related to comprehensive sex education; 4 (C) promote rigorous academic standards 5 and assessment techniques to guide and meas- 6 ure student performance in comprehensive sex 7 education; 8 (D) encourage replication of best practices 9 and model programs to promote comprehensive 10 sex education; 11 (E) develop and disseminate effective, re- 12 search-based comprehensive sex education 13 learning materials; 14 (F) develop academic courses on the peda- 15 gogy of sex education at institutions of higher 16 education; or 17 (G) convene State-based conferences to 18 train teachers in comprehensive sex education 19 and to identify strategies for improvement. 20 SEC. 6. IMPACT EVALUATION AND REPORTING. 21 (a) MULTI-YEAR EVALUATION.— 22 (1) IN GENERAL.—Not later than 6 months 23 after the date of the enactment of this Act, the Sec- 24 retary shall enter into a contract with a nonprofit 25 VerDate Sep 11 2014 01:18 Aug 12, 2017 Jkt 069200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H3602.IH H3602 dlhill on DSK30JT082PROD with BILLS 21 •HR 3602 IH organization with experience in conducting impact 1 evaluations, to conduct a multi-year evaluation on 2 the impact of the grants under sections 3, 4, and 5, 3 and to report to Congress and the Secretary on the 4 findings of such evaluation. 5 (2) EVALUATION.—The evaluation conducted 6 under this subsection shall— 7 (A) be conducted in a manner consistent 8 with relevant, nationally recognized professional 9 and technical evaluation standards; 10 (B) use sound statistical methods and 11 techniques relating to the behavioral sciences, 12 including quasi-experimental designs, inferential 13 statistics, and other methodologies and tech- 14 niques that allow for conclusions to be reached; 15 (C) be carried out by an independent orga- 16 nization that has not received a grant under 17 section 3, 4, or 5; and 18 (D) be designed to provide information 19 on— 20 (i) output measures, such as the num- 21 ber of individuals served under the grant 22 and the number of hours of instruction; 23 (ii) outcome measures, including 24 measures relating to— 25 VerDate Sep 11 2014 23:18 Aug 14, 2017 Jkt 069200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H3602.IH H3602 dlhill on DSK30JT082PROD with BILLS 22 •HR 3602 IH (I) the knowledge that individ- 1 uals participating in the grant pro- 2 gram have gained in each of the fol- 3 lowing age and developmentally appro- 4 priate areas— 5 (aa) growth and develop- 6 ment; 7 (bb) relationship dynamics; 8 (cc) ways to prevent unin- 9 tended pregnancy and sexually 10 transmitted infections, including 11 HIV; and 12 (dd) sexual health; 13 (II) the age and developmentally 14 appropriate skills that individuals par- 15 ticipating in the grant program have 16 gained regarding— 17 (aa) negotiation and commu- 18 nication; 19 (bb) decisionmaking and 20 goal-setting; 21 (cc) interpersonal skills and 22 healthy relationships; and 23 (dd) condom use; and 24 VerDate Sep 11 2014 01:18 Aug 12, 2017 Jkt 069200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H3602.IH H3602 dlhill on DSK30JT082PROD with BILLS 23 •HR 3602 IH (III) the behaviors of adolescents 1 participating in the grant program, 2 including data about— 3 (aa) age of first intercourse; 4 (bb) condom and contracep- 5 tive use at first intercourse; 6 (cc) recent condom and con- 7 traceptive use; 8 (dd) substance use; 9 (ee) dating abuse and life- 10 time history of sexual assault, 11 dating violence, bullying, harass- 12 ment, stalking; and 13 (ff) academic performance; 14 and 15 (iii) other measures necessary to 16 evaluate the impact of the grant program. 17 (3) REPORT.—Not later than 6 years after the 18 date of enactment of this Act, the organization con- 19 ducting the evaluation under this subsection shall 20 prepare and submit to the appropriate committees of 21 Congress and the Secretary an evaluation report. 22 Such report shall be made publicly available, includ- 23 ing on the website of the Department of Health and 24 Human Services. 25 VerDate Sep 11 2014 01:18 Aug 12, 2017 Jkt 069200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H3602.IH H3602 dlhill on DSK30JT082PROD with BILLS 24 •HR 3602 IH (b) SECRETARY’S REPORT TO CONGRESS.—Not later 1 than 1 year after the date of the enactment of this Act, 2 and annually thereafter for a period of 5 years, the Sec- 3 retary shall prepare and submit to the appropriate com- 4 mittees of Congress a report on the activities to provide 5 adolescents and young people with comprehensive sex edu- 6 cation and pre-service and in-service teacher training 7 funded under this Act. The Secretary’s report to Congress 8 shall include— 9 (1) a statement of how grants awarded by the 10 Secretary meet the purposes described in section 11 2(a); and 12 (2) information about— 13 (A) the number of eligible entities and in- 14 stitutions of higher education that are receiving 15 grant funds under sections 3, 4, and 5; 16 (B) the specific activities supported by 17 grant funds awarded under sections 3, 4, and 18 5; 19 (C) the number of adolescents served by 20 grant programs funded under section 3; 21 (D) the number of young people served by 22 grant programs funded under section 4; 23 VerDate Sep 11 2014 01:18 Aug 12, 2017 Jkt 069200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H3602.IH H3602 dlhill on DSK30JT082PROD with BILLS 25 •HR 3602 IH (E) the number of faculty, school adminis- 1 trators, teachers, and staff trained under sec- 2 tion 5; and 3 (F) the status of the evaluation required 4 under subsection (a). 5 SEC. 7. NONDISCRIMINATION. 6 Programs funded under this Act shall not discrimi- 7 nate on the basis of actual or perceived sex, race, color, 8 ethnicity, national origin, disability, sexual orientation, 9 gender identity, or religion. Nothing in this Act shall be 10 construed to invalidate or limit rights, remedies, proce- 11 dures, or legal standards available under any other Fed- 12 eral law or any law of a State or a political subdivision 13 of a State, including the Civil Rights Act of 1964 (42 14 U.S.C. 2000a et seq.), title IX of the Education Amend- 15 ments of 1972 (20 U.S.C. 1681 et seq.), section 504 of 16 the Rehabilitation Act of 1973 (29 U.S.C. 794), the Amer- 17 icans with Disabilities Act of 1990 (42 U.S.C. 12101 et 18 seq.), and section 1557 of the Patient Protection and Af- 19 fordable Care Act (42 U.S.C. 18116). 20 SEC. 8. LIMITATION. 21 No Federal funds provided under this Act may be 22 used for health education programs that— 23 VerDate Sep 11 2014 01:18 Aug 12, 2017 Jkt 069200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H3602.IH H3602 dlhill on DSK30JT082PROD with BILLS 26 •HR 3602 IH (1) withhold health-promoting or life-saving in- 1 formation about sexuality-related topics, including 2 HIV; 3 (2) are medically inaccurate or have been sci- 4 entifically shown to be ineffective; 5 (3) promote gender or racial stereotypes; 6 (4) are insensitive and unresponsive to the 7 needs of sexually active young people; 8 (5) are insensitive and unresponsive to the 9 needs of pregnant or parenting young people; 10 (6) are insensitive and unresponsive to the 11 needs of survivors of sexual abuse or assault; 12 (7) are insensitive and unresponsive to the 13 needs of youth of all physical, developmental, or 14 mental abilities; 15 (8) are insensitive and unresponsive to individ- 16 uals with varying gender identities, gender expres- 17 sions, and sexual orientations; or 18 (9) are inconsistent with the ethical imperatives 19 of medicine and public health. 20 SEC. 9. AMENDMENTS TO OTHER LAWS. 21 (a) AMENDMENT TO THE PUBLIC HEALTH SERVICE 22 ACT.—Section 2500 of the Public Health Service Act (42 23 U.S.C. 300ee) is amended by striking subsections (b) 24 through (d) and inserting the following: 25 VerDate Sep 11 2014 01:18 Aug 12, 2017 Jkt 069200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H3602.IH H3602 dlhill on DSK30JT082PROD with BILLS 27 •HR 3602 IH ‘‘(b) CONTENTS OF PROGRAMS.—All programs of 1 education and information receiving funds under this sub- 2 chapter shall include information about the potential ef- 3 fects of intravenous substance abuse.’’. 4 (b) AMENDMENTS TO THE ELEMENTARY AND SEC- 5 ONDARY EDUCATION ACT OF 1965.—Section 8526 of the 6 Elementary and Secondary Education Act of 1965 (20 7 U.S.C. 7906) is amended— 8 (1) by striking paragraph (3); 9 (2) by redesignating paragraphs (4) and (5) as 10 paragraphs (3) and (4), respectively; 11 (3) in paragraph (4), by inserting ‘‘or’’ after 12 the semicolon; 13 (4) in paragraph (5), by striking ‘‘; or’’ and in- 14 serting a period; and 15 (5) by striking paragraph (6). 16 SEC. 10. DEFINITIONS. 17 In this Act: 18 (1) ADOLESCENTS.—The term ‘‘adolescents’’ 19 means individuals who are ages 10 through 19 at 20 the time of commencement of participation in a pro- 21 gram supported under this Act. 22 (2) AGE AND DEVELOPMENTALLY APPRO- 23 PRIATE.—The term ‘‘age and developmentally appro- 24 priate’’ means topics, messages, and teaching meth- 25 VerDate Sep 11 2014 23:18 Aug 14, 2017 Jkt 069200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H3602.IH H3602 dlhill on DSK30JT082PROD with BILLS 28 •HR 3602 IH ods suitable to particular age, age group of children 1 and adolescents, or developmental levels, based on 2 cognitive, emotional, social, and behavioral capacity 3 of most students at that age level. 4 (3) APPROPRIATE COMMITTEES OF CON- 5 GRESS.—The term ‘‘appropriate committees of Con- 6 gress’’ means the Committee on Health, Education, 7 Labor, and Pensions of the Senate, the Committee 8 on Appropriations of the Senate, the Committee on 9 Energy and Commerce of the House of Representa- 10 tives, the Committee on Education and the Work- 11 force of the House of Representatives, and the Com- 12 mittee on Appropriations of the House of Represent- 13 atives. 14 (4) CHARACTERISTICS OF EFFECTIVE PRO- 15 GRAMS.—The term ‘‘characteristics of effective pro- 16 grams’’ means the aspects of evidence-based pro- 17 grams, including development, content, and imple- 18 mentation of such programs, that— 19 (A) have been shown to be effective in 20 terms of increasing knowledge, clarifying values 21 and attitudes, increasing skills, and impacting 22 upon behavior; and 23 (B) are widely recognized by leading med- 24 ical and public health agencies to be effective in 25 VerDate Sep 11 2014 23:18 Aug 14, 2017 Jkt 069200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H3602.IH H3602 dlhill on DSK30JT082PROD with BILLS 29 •HR 3602 IH changing sexual behaviors that lead to sexually 1 transmitted infections, including HIV, unin- 2 tended pregnancy, and dating violence and sex- 3 ual assault among young people. 4 (5) COMPREHENSIVE SEX EDUCATION.—The 5 term ‘‘comprehensive sex education’’ means instruc- 6 tional part of a comprehensive school health edu- 7 cation approach which addresses the physical, men- 8 tal, emotional, and social dimensions of human sexu- 9 ality; designed to motivate and assist students to 10 maintain and improve their sexual health, prevent 11 disease and reduce sexual health-related risk behav- 12 iors; and enable and empower students to develop 13 and demonstrate age and developmentally appro- 14 priate sexuality and sexual health-related knowledge, 15 attitudes, skills, and practices. 16 (6) CONSENT.—The term ‘‘consent’’ means af- 17 firmative, conscious, and voluntary agreement to en- 18 gage in interpersonal, physical, or sexual activity. 19 (7) CULTURALLY APPROPRIATE.—The term 20 ‘‘culturally appropriate’’ means materials and in- 21 struction that respond to culturally diverse individ- 22 uals, families and communities in an inclusive, re- 23 spectful and effective manner; including materials 24 and instruction that are inclusive of race, ethnicity, 25 VerDate Sep 11 2014 23:18 Aug 14, 2017 Jkt 069200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H3602.IH H3602 dlhill on DSK30JT082PROD with BILLS 30 •HR 3602 IH languages, cultural background, religion, sex, gender 1 identity, sexual orientation, and different abilities. 2 (8) EVIDENCE-BASED.—The term ‘‘evidence- 3 based’’, when used with respect to sex education in- 4 struction means a sex education program that has 5 been proven through rigorous evaluation to be effec- 6 tive in changing sexual behavior or incorporates ele- 7 ments of other programs that have been proven to 8 be effective in changing sexual behavior. 9 (9) GENDER EXPRESSION.—The term ‘‘gender 10 expression’’, when used with respect to a sex edu- 11 cation program, means the expression of one’s gen- 12 der, such as through behavior, clothing, haircut, or 13 voice, and which may or may not conform to socially 14 defined behaviors and characteristics typically asso- 15 ciated with being either masculine or feminine. 16 (10) GENDER IDENTITY.—Except with respect 17 to section 7, the term ‘‘gender identity’’, when used 18 with respect to a sex education program, means the 19 gender-related identity, appearance, mannerisms, or 20 other gender-related characteristics of an individual, 21 regardless of the individual’s designated sex at birth 22 including a person’s deeply held sense or knowledge 23 of their own gender; such as male, female, both or 24 neither. 25 VerDate Sep 11 2014 01:18 Aug 12, 2017 Jkt 069200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\H3602.IH H3602 dlhill on DSK30JT082PROD with BILLS 31 •HR 3602 IH (11) INCLUSIVE.—The term ‘‘inclusive’’, when 1 used with respect to a sex education program, means 2 curriculum that ensures that students from histori- 3 cally marginalized communities are reflected in 4 classroom materials and lessons. 5 (12) INSTITUTION OF HIGHER EDUCATION.— 6 The term ‘‘institution of higher education’’ has the 7 meaning given the term in section 101 of the Higher 8 Education Act of 1965 (20 U.S.C. 1001). 9 (13) MEDICALLY ACCURATE AND COMPLETE.— 10 The term ‘‘medically accurate and complete’’, when 11 used with respect to a sex education program, means 12 that— 13 (A) the information provided through the 14 program is verified or supported by the weight 15 of research conducted in compliance with ac- 16 cepted scientific methods and is published in 17 peer-reviewed journals, where applicable; or 18 (B)(i) the program contains information 19 that leading professional organizations and 20 agencies with relevant expertise in the field rec- 21 ognize as accurate, objective, and complete; and 22 (ii) the program does not withhold infor- 23 mation about the effectiveness and benefits of 24 VerDate Sep 11 2014 01:18 Aug 12, 2017 Jkt 069200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H3602.IH H3602 dlhill on DSK30JT082PROD with BILLS 32 •HR 3602 IH correct and consistent use of condoms and 1 other contraceptives. 2 (14) SECRETARY.—The term ‘‘Secretary’’ 3 means the Secretary of Health and Human Services. 4 (15) SEXUAL DEVELOPMENT.—The term ‘‘sex- 5 ual development’’ means the lifelong process of phys- 6 ical, behavioral, cognitive, and emotional growth and 7 change as it relates to an individual’s sexuality and 8 sexual maturation, including puberty, identity devel- 9 opment, socio-cultural influences, and sexual behav- 10 iors. 11 (16) SEXUAL ORIENTATION.—Except with re- 12 spect to section 7, the term ‘‘sexual orientation’’, 13 when used with respect to a sex education program, 14 means an individual’s attraction, including physical 15 or emotional, to the same or different gender. 16 (17) YOUNG PEOPLE.—The term ‘‘young peo- 17 ple’’ means individuals who are ages 10 through 24 18 at the time of commencement of participation in a 19 program supported under this Act. 20 SEC. 11. FUNDING. 21 (a) APPROPRIATION.—For the purpose of carrying 22 out this Act, there is appropriated $75,000,000 for each 23 of fiscal years 2017 through 2022. Amounts appropriated 24 VerDate Sep 11 2014 23:18 Aug 14, 2017 Jkt 069200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H3602.IH H3602 dlhill on DSK30JT082PROD with BILLS 33 •HR 3602 IH under this subsection shall remain available until ex- 1 pended. 2 (b) RESERVATIONS OF FUNDS.— 3 (1) The Secretary shall reserve 50 percent of 4 the amount appropriated under subsection (a) for 5 the purposes of awarding grants for comprehensive 6 sex education for adolescents under section 3. 7 (2) The Secretary shall reserve 25 percent of 8 the amount appropriated under subsection (a) for 9 the purposes of awarding grants for comprehensive 10 sex education at institutes of higher education under 11 section 4. 12 (3) The Secretary shall reserve 20 percent of 13 the amount appropriated under subsection (a) for 14 the purposes of awarding grants for pre-service and 15 in-service teacher training under section 5. 16 (4) The Secretary shall reserve 2 percent of the 17 amount appropriated under subsection (a) for the 18 purpose of carrying out the impact evaluation and 19 reporting required under section 6(a). 20 (c) SECRETARIAL RESPONSIBILITIES.—The Sec- 21 retary shall reserve 3 percent of the amount appropriated 22 under subsection (a) for each fiscal year for expenditures 23 by the Secretary to provide, directly or through a competi- 24 tive grant process, research, training, and technical assist- 25 VerDate Sep 11 2014 23:18 Aug 14, 2017 Jkt 069200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\H3602.IH H3602 dlhill on DSK30JT082PROD with BILLS 34 •HR 3602 IH ance, including dissemination of research and information 1 regarding effective and promising practices, providing con- 2 sultation and resources, and developing resources and ma- 3 terials to support the activities of recipients of grants. In 4 carrying out such functions, the Secretary shall collabo- 5 rate with a variety of entities that have expertise in adoles- 6 cent sexual health development, education, and promotion. 7 (d) REPROGRAMMING OF ABSTINENCE ONLY UNTIL 8 MARRIAGE PROGRAM FUNDING.—The unobligated bal- 9 ance of funds made available to carry out section 510 of 10 the Social Security Act (42 U.S.C. 710) (as in effect on 11 the day before the date of enactment of this Act) are here- 12 by transferred and shall be used by the Secretary to carry 13 out this Act. The amounts transferred and made available 14 to carry out this Act shall remain available until expended. 15 (e) REPEAL OF ABSTINENCE ONLY UNTIL MAR- 16 RIAGE PROGRAM.—Section 510 of the Social Security Act 17 (42 U.S.C. 710 et seq.) is repealed. 18 Æ VerDate Sep 11 2014 23:18 Aug 14, 2017 Jkt 069200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6301 E:\BILLS\H3602.IH H3602 dlhill on DSK30JT082PROD with BILLS