Text of US HB 725 (2013)

I 113TH CONGRESS 1ST SESSION H. R. 725 To provide for the reduction of unintended pregnancy and sexually trans- mitted infections, including HIV, and the promotion of healthy relation- ships, and for other purposes. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 14, 2013 Ms. LEE of California (for herself, Ms. MOORE, Ms. PINGREE of Maine, Mr. MCDERMOTT, Mrs. DAVIS of California, Mr. CLAY, Ms. NORTON, Ms. DEGETTE, Ms. SLAUGHTER, Mr. MORAN, Ms. WASSERMAN SCHULTZ, Ms. ROYBAL-ALLARD, Mr. GRIJALVA, Ms. BONAMICI, Ms. CLARKE, Ms. SPEIER, Mr. DEUTCH, Mr. BLUMENAUER, Ms. LOFGREN, Mr. LEWIS, Ms. CHU, Mr. RANGEL, Ms. MCCOLLUM, Mr. HONDA, Mr. NADLER, Mr. CONYERS, Mr. HOLT, Ms. WATERS, Mr. HASTINGS of Florida, Ms. SCHA- KOWSKY, Mr. LARSEN of Washington, Mrs. CHRISTENSEN, and Mr. SIRES) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Edu- cation and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall with- in the jurisdiction of the committee concerned A BILL To provide for the reduction of unintended pregnancy and sexually transmitted infections, including HIV, and the promotion of healthy relationships, and for other pur- poses. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Mar 15 2010 23:06 Feb 26, 2013 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H725.IH H725 tkelley on DSK3SPTVN1PROD with BILLS 2 •HR 725 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Real Education for 2 Healthy Youth Act of 2013’’. 3 SEC. 2. PURPOSES; SENSE OF CONGRESS. 4 (a) PURPOSES.—The purposes of this Act are— 5 (1) to provide young people with comprehensive 6 sex education that— 7 (A) provides the information and skills 8 young people need to make informed, respon- 9 sible, and healthy decisions in order to become 10 sexually healthy adults and have healthy rela- 11 tionships; 12 (B) provides information about the preven- 13 tion of unintended pregnancy, sexually trans- 14 mitted infections, including HIV, sexual assault, 15 dating violence, bullying, and harassment; and 16 (C) promotes and upholds the rights of 17 young people to information in order to make 18 healthy and responsible decisions about their 19 sexual health; and 20 (2) in order to provide the comprehensive sex 21 education described in paragraph (1), to provide in- 22 creased resources for sex education programs that— 23 (A) are evidence-based, having been proven 24 through rigorous evaluation to change sexual 25 VerDate Mar 15 2010 23:06 Feb 26, 2013 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H725.IH H725 tkelley on DSK3SPTVN1PROD with BILLS 3 •HR 725 IH behavior or incorporate characteristics of effec- 1 tive programs; 2 (B) cover a broad range of topics, includ- 3 ing medically accurate, complete, age and devel- 4 opmentally appropriate information about all 5 the aspects of sex needed for a complete sex 6 education program, including— 7 (i) anatomy and physiology; 8 (ii) growth and development; 9 (iii) healthy relationships; 10 (iv) the prevention of unintended 11 pregnancy and sexually transmitted infec- 12 tions, including HIV, through abstinence 13 and contraception; 14 (v) gender, gender identity, and sexual 15 orientation; and 16 (vi) protection from dating violence, 17 sexual assault, bullying, and harassment; 18 (C) are gender- and gender identity-sen- 19 sitive, emphasizing the importance of equality 20 and the social environment for achieving sexual 21 and reproductive health and overall well-being; 22 (D) promote educational achievement, crit- 23 ical thinking, decisionmaking, self-esteem, and 24 self-efficacy; 25 VerDate Mar 15 2010 23:06 Feb 26, 2013 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H725.IH H725 tkelley on DSK3SPTVN1PROD with BILLS 4 •HR 725 IH (E) help develop healthy attitudes and in- 1 sights necessary for understanding relationships 2 between oneself and others and society; 3 (F) foster leadership skills and community 4 engagement by— 5 (i) promoting principles of fairness, 6 human dignity, and respect; and 7 (ii) engaging young people as partners 8 in their communities; and 9 (G) are culturally and linguistically appro- 10 priate, reflecting the diverse circumstances and 11 realities of young people. 12 (b) SENSE OF CONGRESS.—It is the sense of Con- 13 gress that— 14 (1) federally funded sex education programs 15 should aim to— 16 (A) reduce unintended pregnancy and sex- 17 ually transmitted infections, including HIV; 18 (B) promote safe and healthy relation- 19 ships; 20 (C) use, and be informed by, the best sci- 21 entific information available; 22 (D) be built on characteristics of effective 23 programs; 24 VerDate Mar 15 2010 23:06 Feb 26, 2013 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H725.IH H725 tkelley on DSK3SPTVN1PROD with BILLS 5 •HR 725 IH (E) expand the existing body of evidence 1 on comprehensive sex education programs 2 through program evaluation; 3 (F) expand training programs for teachers 4 of comprehensive sex education; 5 (G) build on the personal responsibility 6 education programs funded under section 513 7 of the Social Security Act (42 U.S.C. 713) and 8 the President’s Teen Pregnancy Prevention pro- 9 gram, funded under title II of the Consolidated 10 Appropriations Act, 2010 (Public Law 111– 11 117; 123 Stat. 3253); and 12 (H) promote and uphold the rights of 13 young people to information in order to make 14 healthy and responsible decisions about their 15 sexual health; and 16 (2) no Federal funds should be used for health 17 education programs that— 18 (A) deliberately withhold life-saving infor- 19 mation about HIV; 20 (B) are medically inaccurate or have been 21 scientifically shown to be ineffective; 22 (C) promote gender stereotypes; 23 (D) are insensitive and unresponsive to the 24 needs of sexually active adolescents; 25 VerDate Mar 15 2010 23:06 Feb 26, 2013 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H725.IH H725 tkelley on DSK3SPTVN1PROD with BILLS 6 •HR 725 IH (E) are insensitive and unresponsive to the 1 needs of lesbian, gay, bisexual, or transgender 2 youth; or 3 (F) are inconsistent with the ethical im- 4 peratives of medicine and public health. 5 SEC. 3. GRANTS FOR COMPREHENSIVE SEX EDUCATION 6 FOR ADOLESCENTS. 7 (a) PROGRAM AUTHORIZED.—The Secretary, in co- 8 ordination with the Director of the Office of Adolescent 9 Health, shall award grants, on a competitive basis, to eligi- 10 ble entities to enable such eligible entities to carry out pro- 11 grams that provide adolescents with comprehensive sex 12 education, as described in subsection (f). 13 (b) DURATION.—Grants awarded under this section 14 shall be for a period of 5 years. 15 (c) ELIGIBLE ENTITY.—In this section, the term ‘‘el- 16 igible entity’’ means a public or private entity that focuses 17 on adolescent health or education or has experience work- 18 ing with adolescents, which may include— 19 (1) a State educational agency; 20 (2) a local educational agency; 21 (3) a tribe or tribal organization, as defined in 22 section 4 of the Indian Self-Determination and Edu- 23 cation Assistance Act (25 U.S.C. 450b); 24 (4) a State or local department of health; 25 VerDate Mar 15 2010 23:06 Feb 26, 2013 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H725.IH H725 tkelley on DSK3SPTVN1PROD with BILLS 7 •HR 725 IH (5) a State or local department of education; 1 (6) a nonprofit organization; 2 (7) a nonprofit or public institution of higher 3 education; or 4 (8) a hospital. 5 (d) APPLICATIONS.—An eligible entity desiring a 6 grant under this section shall submit an application to the 7 Secretary at such time, in such manner, and containing 8 such information as the Secretary may require, including 9 the evaluation plan described in subsection (g)(1). 10 (e) PRIORITY.—In awarding grants under this sec- 11 tion, the Secretary shall give priority to eligible entities 12 that— 13 (1) are State or local public entities, with an 14 additional priority for State or local educational 15 agencies; and 16 (2) address health disparities among young peo- 17 ple that are at highest risk for not less than 1 of 18 the following: 19 (A) Unintended pregnancies. 20 (B) Sexually transmitted infections, includ- 21 ing HIV. 22 (C) Dating violence and sexual assault. 23 (f) USE OF FUNDS.— 24 VerDate Mar 15 2010 23:06 Feb 26, 2013 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H725.IH H725 tkelley on DSK3SPTVN1PROD with BILLS 8 •HR 725 IH (1) IN GENERAL.—Each eligible entity that re- 1 ceives a grant under this section shall use grant 2 funds to carry out a program that provides adoles- 3 cents with comprehensive sex education that— 4 (A) replicates evidence-based sex education 5 programs; 6 (B) substantially incorporates elements of 7 evidence-based sex education programs; or 8 (C) creates a demonstration project based 9 on generally accepted characteristics of effective 10 sex education programs. 11 (2) CONTENTS OF SEX EDUCATION PRO- 12 GRAMS.—The sex education programs funded under 13 this section shall include curricula and program ma- 14 terials that address— 15 (A) abstinence and delaying sexual initi- 16 ation; 17 (B) the health benefits and side effects of 18 all contraceptive and barrier methods as a 19 means to prevent pregnancy and sexually trans- 20 mitted infections, including HIV; 21 (C) healthy relationships, including the de- 22 velopment of healthy attitudes and skills nec- 23 essary for understanding— 24 VerDate Mar 15 2010 23:06 Feb 26, 2013 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H725.IH H725 tkelley on DSK3SPTVN1PROD with BILLS 9 •HR 725 IH (i) healthy relationships between one- 1 self and family, others, and society; and 2 (ii) the prevention of sexual abuse, 3 teen dating violence, bullying, harassment, 4 and suicide; 5 (D) healthy life skills including goal-set- 6 ting, decisionmaking, interpersonal skills (such 7 as communication, assertiveness, and peer re- 8 fusal skills), critical thinking, self-esteem and 9 self-efficacy, and stress management; 10 (E) how to make responsible decisions 11 about sex and sexuality, including— 12 (i) how to avoid, and how to avoid 13 making, unwanted verbal, physical, and 14 sexual advances; and 15 (ii) how alcohol and drug use can af- 16 fect responsible decisionmaking; 17 (F) the development of healthy attitudes 18 and values about such topics as adolescent 19 growth and development, body image, gender 20 roles and gender identity, racial and ethnic di- 21 versity, and sexual orientation; and 22 (G) referral services for local health clinics 23 and services where adolescents can obtain addi- 24 tional information and services related to sexual 25 VerDate Mar 15 2010 23:06 Feb 26, 2013 Jkt 029200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H725.IH H725 tkelley on DSK3SPTVN1PROD with BILLS 10 •HR 725 IH and reproductive health, dating violence and 1 sexual assault, and suicide prevention. 2 (g) EVALUATION; REPORT.— 3 (1) INDEPENDENT EVALUATION.—Each eligible 4 entity applying for a grant under this section shall 5 develop and submit to the Secretary a plan for a rig- 6 orous independent evaluation of such grant program. 7 The plan shall describe an independent evaluation 8 that— 9 (A) uses sound statistical methods and 10 techniques relating to the behavioral sciences, 11 including random assignment methodologies, 12 whenever possible; 13 (B) uses quantitative data for assessments 14 and impact evaluations, whenever possible; and 15 (C) is carried out by an entity independent 16 from such eligible entity. 17 (2) SELECTION OF EVALUATED PROGRAMS; 18 BUDGET.— 19 (A) SELECTION OF EVALUATED PRO- 20 GRAMS.—The Secretary shall select, at random, 21 a subset of the eligible entities that the Sec- 22 retary has selected to receive a grant under this 23 section to receive additional funding to carry 24 VerDate Mar 15 2010 23:06 Feb 26, 2013 Jkt 029200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H725.IH H725 tkelley on DSK3SPTVN1PROD with BILLS 11 •HR 725 IH out the evaluation plan described in paragraph 1 (1). 2 (B) BUDGET FOR EVALUATION ACTIVI- 3 TIES.—The Secretary, in coordination with the 4 Director of the Office of Adolescent Health, 5 shall establish a budget for each eligible entity 6 selected under subparagraph (A) for the costs 7 of carrying out the evaluation plan described in 8 paragraph (1). 9 (3) FUNDS FOR EVALUATION.—The Secretary 10 shall provide eligible entities who are selected under 11 paragraph (2)(A) with additional funds, in accord- 12 ance with the budget described in paragraph (2)(B), 13 to carry out and report to the Secretary on the eval- 14 uation plan described in paragraph (1). 15 (4) PERFORMANCE MEASURES.—The Secretary, 16 in coordination with the Director of the Centers for 17 Disease Control and Prevention, shall establish a 18 common set of performance measures to assess the 19 implementation and impact of grant programs fund- 20 ed under this section. Such performance measures 21 shall include— 22 (A) output measures, such as the number 23 of individuals served and the number of hours 24 of service delivery; 25 VerDate Mar 15 2010 23:06 Feb 26, 2013 Jkt 029200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H725.IH H725 tkelley on DSK3SPTVN1PROD with BILLS 12 •HR 725 IH (B) outcome measures, including measures 1 relating to— 2 (i) the knowledge that youth partici- 3 pating in the grant program have gained 4 about— 5 (I) adolescent growth and devel- 6 opment; 7 (II) relationship dynamics; 8 (III) ways to prevent unintended 9 pregnancy and sexually transmitted 10 infections, including HIV; and 11 (IV) sexual health; 12 (ii) the skills that adolescents partici- 13 pating in the grant program have gained 14 regarding— 15 (I) negotiation and communica- 16 tion; 17 (II) decisionmaking and goal-set- 18 ting; 19 (III) interpersonal skills and 20 healthy relationships; and 21 (IV) condom use; and 22 (iii) the behaviors of adolescents par- 23 ticipating in the grant program, including 24 data about— 25 VerDate Mar 15 2010 23:06 Feb 26, 2013 Jkt 029200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H725.IH H725 tkelley on DSK3SPTVN1PROD with BILLS 13 •HR 725 IH (I) age of first intercourse; 1 (II) number of sexual partners; 2 (III) condom and contraceptive 3 use at first intercourse; 4 (IV) recent condom and contra- 5 ceptive use; and 6 (V) dating abuse and lifetime his- 7 tory of domestic violence, sexual as- 8 sault, dating violence, bullying, har- 9 assment, and stalking. 10 (5) REPORT TO THE SECRETARY.—Eligible en- 11 tities receiving a grant under this section who have 12 been selected to receive funds to carry out the eval- 13 uation plan described in paragraph (1), in accord- 14 ance with paragraph (2)(A), shall collect and report 15 to the Secretary— 16 (A) the results of the independent evalua- 17 tion described in paragraph (1); and 18 (B) information about the performance 19 measures described in paragraph (2). 20 (6) EFFECTIVE PROGRAMS.—The Secretary, in 21 coordination with the Director of the Centers for 22 Disease Control and Prevention, shall publish on the 23 website of the Centers for Disease Control and Pre- 24 vention, a list of programs funded under this section 25 VerDate Mar 15 2010 23:06 Feb 26, 2013 Jkt 029200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H725.IH H725 tkelley on DSK3SPTVN1PROD with BILLS 14 •HR 725 IH that the Secretary has determined to be effective 1 programs. 2 SEC. 4. GRANTS FOR COMPREHENSIVE SEX EDUCATION AT 3 INSTITUTIONS OF HIGHER EDUCATION. 4 (a) PROGRAM AUTHORIZED.—The Secretary, in co- 5 ordination with the Office of Adolescent Health and the 6 Secretary of Education, shall award grants, on a competi- 7 tive basis, to institutions of higher education to enable 8 such institutions to provide young people with comprehen- 9 sive sex education, described in subsection (e)(2), with an 10 emphasis on reducing HIV, other sexually transmitted in- 11 fections, and unintended pregnancy through instruction 12 about— 13 (1) abstinence and contraception; 14 (2) reducing dating violence, sexual assault, 15 bullying, and harassment; 16 (3) increasing healthy relationships; and 17 (4) academic achievement. 18 (b) DURATION.—Grants awarded under this section 19 shall be for a period of 5 years. 20 (c) APPLICATIONS.—An institution of higher edu- 21 cation desiring a grant under this section shall submit an 22 application to the Secretary at such time, in such manner, 23 and containing such information as the Secretary may re- 24 quire. 25 VerDate Mar 15 2010 23:06 Feb 26, 2013 Jkt 029200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H725.IH H725 tkelley on DSK3SPTVN1PROD with BILLS 15 •HR 725 IH (d) PRIORITY.—In awarding grants under this sec- 1 tion, the Secretary shall give priority to an institution of 2 higher education that— 3 (1) has an enrollment of needy students as de- 4 fined in section 318(b) of the Higher Education Act 5 of 1965 (20 U.S.C. 1059e(b)); 6 (2) is a Hispanic-serving institution, as defined 7 in section 502(a) of such Act (20 U.S.C. 1101a(a)); 8 (3) is a Tribal College or University, as defined 9 in section 316(b) of such Act (20 U.S.C. 1059c(b)); 10 (4) is an Alaska Native-serving institution, as 11 defined in section 317(b) of such Act (20 U.S.C. 12 1059d(b)); 13 (5) is a Native Hawaiian-serving institution, as 14 defined in section 317(b) of such Act (20 U.S.C. 15 1059d(b)); 16 (6) is a Predominately Black Institution, as de- 17 fined in section 318(b) of such Act (20 U.S.C. 18 1059e(b)); 19 (7) is a Native American-serving, nontribal in- 20 stitution, as defined in section 319(b) of such Act 21 (20 U.S.C. 1059f(b)); 22 (8) is an Asian American and Native American 23 Pacific Islander-serving institution, as defined in 24 section 320(b) of such Act (20 U.S.C. 1059g(b)); or 25 VerDate Mar 15 2010 23:06 Feb 26, 2013 Jkt 029200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H725.IH H725 tkelley on DSK3SPTVN1PROD with BILLS 16 •HR 725 IH (9) is a minority institution, as defined in sec- 1 tion 365 of such Act (20 U.S.C. 1067k), with an en- 2 rollment of needy students, as defined in section 312 3 of such Act (20 U.S.C. 1058). 4 (e) USES OF FUNDS.— 5 (1) IN GENERAL.—An institution of higher edu- 6 cation receiving a grant under this section may use 7 grant funds to integrate issues relating to com- 8 prehensive sex education into the academic or sup- 9 port sectors of the institution of higher education in 10 order to reach a large number of students, by car- 11 rying out 1 or more of the following activities: 12 (A) Developing educational content for 13 issues relating to comprehensive sex education 14 that will be incorporated into first-year orienta- 15 tion or core courses. 16 (B) Developing and employing schoolwide 17 educational programming outside of class that 18 delivers elements of comprehensive sex edu- 19 cation programs to students, faculty, and staff. 20 (C) Creating innovative technology-based 21 approaches to deliver sex education to students, 22 faculty, and staff. 23 (D) Developing and employing peer-out- 24 reach and education programs to generate dis- 25 VerDate Mar 15 2010 23:06 Feb 26, 2013 Jkt 029200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H725.IH H725 tkelley on DSK3SPTVN1PROD with BILLS 17 •HR 725 IH cussion, educate, and raise awareness among 1 students about issues relating to comprehensive 2 sex education. 3 (2) CONTENTS OF SEX EDUCATION PRO- 4 GRAMS.—Each institution of higher education’s pro- 5 gram of comprehensive sex education funded under 6 this section shall include curricula and program ma- 7 terials that address information about— 8 (A) safe and responsible sexual behavior 9 with respect to the prevention of pregnancy and 10 sexually transmitted infections, including HIV, 11 including through— 12 (i) abstinence; 13 (ii) a reduced number of sexual part- 14 ners; and 15 (iii) the use of condoms and contra- 16 ception; 17 (B) healthy relationships, including the de- 18 velopment of healthy attitudes and insights nec- 19 essary for understanding— 20 (i) relationships between oneself, fam- 21 ily, partners, others, and society; and 22 (ii) the prevention of sexual abuse, 23 dating violence, bullying, harassment, and 24 suicide; and 25 VerDate Mar 15 2010 23:06 Feb 26, 2013 Jkt 029200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H725.IH H725 tkelley on DSK3SPTVN1PROD with BILLS 18 •HR 725 IH (C) referral services to local health clinics 1 where young people can obtain additional infor- 2 mation and services related to sexual and repro- 3 ductive health, dating violence and sexual as- 4 sault, and suicide prevention. 5 (3) OPTIONAL COMPONENTS OF SEX EDU- 6 CATION.—Each institution of higher education’s pro- 7 gram of comprehensive sex education may also in- 8 clude information and skills development relating 9 to— 10 (A) how to make responsible decisions 11 about sex and sexuality, including— 12 (i) how to avoid, and avoid making, 13 unwanted verbal, physical, and sexual ad- 14 vances; and 15 (ii) how alcohol and drug use can af- 16 fect responsible decisionmaking; 17 (B) healthy life skills, including— 18 (i) goal-setting and decisionmaking; 19 (ii) interpersonal skills, such as com- 20 munication, assertiveness, and peer refusal 21 skills; 22 (iii) critical thinking; 23 (iv) self-esteem and self-efficacy; and 24 (v) stress management; 25 VerDate Mar 15 2010 23:06 Feb 26, 2013 Jkt 029200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H725.IH H725 tkelley on DSK3SPTVN1PROD with BILLS 19 •HR 725 IH (C) the development of healthy attitudes 1 and values about such topics as body image, 2 gender roles and gender identity, racial and eth- 3 nic diversity, and sexual orientation; and 4 (D) the responsibilities of parenting and 5 the skills necessary to parent well. 6 (f) EVALUATION; REPORT.—The requirements de- 7 scribed in section 3(g) shall also apply to eligible entities 8 receiving a grant under this section in the same manner 9 as such requirements apply to eligible entities receiving 10 grants under section 3. 11 SEC. 5. GRANTS FOR PRE-SERVICE AND IN-SERVICE TEACH- 12 ER TRAINING. 13 (a) PROGRAM AUTHORIZED.—The Secretary, in co- 14 ordination with the Director of the Centers for Disease 15 Control and Prevention and the Secretary of Education, 16 shall award grants, on a competitive basis, to eligible enti- 17 ties to enable such eligible entities to carry out the activi- 18 ties described in subsection (e). 19 (b) DURATION.—Grants awarded under this section 20 shall be for a period of 5 years. 21 (c) ELIGIBLE ENTITY.—In this section, the term ‘‘el- 22 igible entity’’ means— 23 (1) a State educational agency; 24 (2) a local educational agency; 25 VerDate Mar 15 2010 23:06 Feb 26, 2013 Jkt 029200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H725.IH H725 tkelley on DSK3SPTVN1PROD with BILLS 20 •HR 725 IH (3) a tribe or tribal organization, as defined in 1 section 4 of the Indian Self-Determination and Edu- 2 cation Assistance Act (25 U.S.C. 450b); 3 (4) a State or local department of health; 4 (5) a State or local department of education; 5 (6) a nonprofit institution of higher education; 6 (7) a national or statewide nonprofit organiza- 7 tion that has as its primary purpose the improve- 8 ment of provision of comprehensive sex education 9 through effective teaching of comprehensive sex edu- 10 cation; or 11 (8) a consortium of nonprofit organizations that 12 has as its primary purpose the improvement of pro- 13 vision of comprehensive sex education through effec- 14 tive teaching of comprehensive sex education. 15 (d) APPLICATION.—An eligible entity desiring a 16 grant under this section shall submit an application to the 17 Secretary at such time, in such manner, and containing 18 such information as the Secretary may require. 19 (e) AUTHORIZED ACTIVITIES.— 20 (1) REQUIRED ACTIVITY.—Each eligible entity 21 receiving a grant under this section shall use grant 22 funds to train targeted faculty and staff, in order to 23 increase effective teaching of comprehensive sex edu- 24 VerDate Mar 15 2010 23:06 Feb 26, 2013 Jkt 029200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H725.IH H725 tkelley on DSK3SPTVN1PROD with BILLS 21 •HR 725 IH cation for elementary school and secondary school 1 students. 2 (2) PERMISSIBLE ACTIVITIES.—Each eligible 3 entity receiving a grant under this section may use 4 grant funds to— 5 (A) strengthen and expand the eligible en- 6 tity’s relationships with— 7 (i) institutions of higher education; 8 (ii) State educational agencies; 9 (iii) local educational agencies; or 10 (iv) other public and private organiza- 11 tions with a commitment to comprehensive 12 sex education and the benefits of com- 13 prehensive sex education; 14 (B) support and promote research-based 15 training of teachers of comprehensive sex edu- 16 cation and related disciplines in elementary 17 schools and secondary schools as a means of 18 broadening student knowledge about issues re- 19 lated to human development, relationships, per- 20 sonal skills, sexual behavior, sexual health, and 21 society and culture; 22 (C) support the dissemination of informa- 23 tion on effective practices and research findings 24 VerDate Mar 15 2010 23:06 Feb 26, 2013 Jkt 029200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H725.IH H725 tkelley on DSK3SPTVN1PROD with BILLS 22 •HR 725 IH concerning the teaching of comprehensive sex 1 education; 2 (D) 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 (E) 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 (F) 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, State educational agencies, 21 or local educational agencies to enable such organi- 22 zations or agencies to— 23 (A) train teachers in comprehensive sex 24 education; 25 VerDate Mar 15 2010 23:06 Feb 26, 2013 Jkt 029200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H725.IH H725 tkelley on DSK3SPTVN1PROD with BILLS 23 •HR 725 IH (B) support Internet or distance learning 1 related to comprehensive sex education; 2 (C) promote rigorous academic standards 3 and assessment techniques to guide and meas- 4 ure student performance in comprehensive sex 5 education; 6 (D) encourage replication of best practices 7 and model programs to promote comprehensive 8 sex education; 9 (E) develop and disseminate effective, re- 10 search-based comprehensive sex education 11 learning materials; 12 (F) develop academic courses on the peda- 13 gogy of sex education at institutions of higher 14 education; or 15 (G) convene State-based conferences to 16 train teachers in comprehensive sex education 17 and to identify strategies for improvement. 18 SEC. 6. REPORT TO CONGRESS. 19 (a) IN GENERAL.—Not later than 1 year after the 20 date of the enactment of this Act, and annually thereafter 21 for a period of 5 years, the Secretary shall prepare and 22 submit to the appropriate committees of Congress a report 23 on the activities to provide adolescents and young people 24 with comprehensive sex education funded under this Act. 25 VerDate Mar 15 2010 23:06 Feb 26, 2013 Jkt 029200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H725.IH H725 tkelley on DSK3SPTVN1PROD with BILLS 24 •HR 725 IH (b) REPORT ELEMENTS.—The report described in 1 subsection (a) shall include— 2 (1) a statement of whether the Secretary has 3 met the purposes described in section 2(a); and 4 (2) information about— 5 (A) the number of eligible entities and in- 6 stitutions of higher education that are receiving 7 grant funds under sections 3 and 4 of this Act; 8 (B) the specific activities supported by 9 grant funds awarded under sections 3 and 4 of 10 this Act; 11 (C) the number of adolescents served by 12 grant programs funded under section 3; 13 (D) the number of young people served by 14 grant programs funded under section 4; and 15 (E) the status of program evaluations de- 16 scribed under sections 3 and 4 of this Act. 17 SEC. 7. NONDISCRIMINATION. 18 Programs funded under this Act shall not discrimi- 19 nate on the basis of actual or perceived sex, race, color, 20 ethnicity, national origin, disability, sexual orientation, 21 gender identity, or religion. Nothing in this Act shall be 22 construed to invalidate or limit rights, remedies, proce- 23 dures, or legal standards available to victims of discrimi- 24 nation under any other Federal law or any law of a State 25 VerDate Mar 15 2010 23:06 Feb 26, 2013 Jkt 029200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H725.IH H725 tkelley on DSK3SPTVN1PROD with BILLS 25 •HR 725 IH or a political subdivision of a State, including title VI of 1 the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), 2 title IX of the Education Amendments of 1972 (20 U.S.C. 3 1681 et seq.), section 504 of the Rehabilitation Act of 4 1973 (29 U.S.C. 794), the Americans with Disabilities Act 5 of 1990 (42 U.S.C. 12101 et seq.), and section 1557 of 6 the Patient Protection and Affordable Care Act (42 7 U.S.C. 18116). 8 SEC. 8. LIMITATION. 9 No Federal funds provided under this Act may be 10 used for health education programs that— 11 (1) deliberately withhold life-saving information 12 about HIV; 13 (2) are medically inaccurate or have been sci- 14 entifically shown to be ineffective; 15 (3) promote gender stereotypes; 16 (4) are insensitive and unresponsive to the 17 needs of sexually active youth or lesbian, gay, bisex- 18 ual, or transgender youth; or 19 (5) are inconsistent with the ethical imperatives 20 of medicine and public health. 21 SEC. 9. AMENDMENTS TO OTHER LAWS. 22 (a) AMENDMENT TO THE PUBLIC HEALTH SERVICE 23 ACT.—Section 2500 of the Public Health Service Act (42 24 VerDate Mar 15 2010 23:06 Feb 26, 2013 Jkt 029200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H725.IH H725 tkelley on DSK3SPTVN1PROD with BILLS 26 •HR 725 IH U.S.C. 300ee) is amended by striking subsections (b) 1 through (d) and inserting the following: 2 ‘‘(b) CONTENTS OF PROGRAMS.—All programs of 3 education and information receiving funds under this title 4 shall include information about the harmful effects of in- 5 travenous substance abuse and unsafe sexual activity, and 6 the benefits of abstaining from such activities.’’. 7 (b) AMENDMENTS TO THE ELEMENTARY AND SEC- 8 ONDARY EDUCATION ACT OF 1965.—Section 9526(a) of 9 the Elementary and Secondary Education Act of 1965 (20 10 U.S.C. 7906(a)) is amended— 11 (1) in paragraph (2), by inserting ‘‘or’’ after 12 the semicolon; 13 (2) in paragraph (3), by striking ‘‘; or’’ and in- 14 serting a period; and 15 (3) by striking paragraph (4). 16 SEC. 10. DEFINITIONS. 17 In this Act: 18 (1) ESEA DEFINITIONS.—The terms ‘‘elemen- 19 tary school’’, ‘‘local educational agency’’, ‘‘secondary 20 school’’, and ‘‘State educational agency’’ have the 21 meanings given the terms in section 9101 of the Ele- 22 mentary and Secondary Education Act of 1965 (20 23 U.S.C. 7801). 24 VerDate Mar 15 2010 23:06 Feb 26, 2013 Jkt 029200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H725.IH H725 tkelley on DSK3SPTVN1PROD with BILLS 27 •HR 725 IH (2) AGE AND DEVELOPMENTALLY APPRO- 1 PRIATE.—The term ‘‘age and developmentally appro- 2 priate’’ means suitable for a particular age or age 3 group of children and adolescents, based on devel- 4 oping cognitive, emotional, and behavioral capacity 5 typical for that age or age group. 6 (3) ADOLESCENTS.—The term ‘‘adolescents’’ 7 means individuals who are ages 10 through 19 at 8 the time of commencement of participation in a pro- 9 gram supported under this Act. 10 (4) CHARACTERISTICS OF EFFECTIVE PRO- 11 GRAMS.—The term ‘‘characteristics of effective pro- 12 grams’’ means the aspects of evidence-based pro- 13 grams, including development, content, and imple- 14 mentation of such programs, that— 15 (A) have been shown to be effective in 16 terms of increasing knowledge, clarifying values 17 and attitudes, increasing skills, and impacting 18 upon behavior; and 19 (B) are widely recognized by leading med- 20 ical and public health agencies to be effective in 21 changing sexual behaviors that lead to sexually 22 transmitted infections, including HIV, unin- 23 tended pregnancy, and dating violence and sex- 24 ual assault among young people. 25 VerDate Mar 15 2010 23:06 Feb 26, 2013 Jkt 029200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H725.IH H725 tkelley on DSK3SPTVN1PROD with BILLS 28 •HR 725 IH (5) COMPREHENSIVE SEX EDUCATION.—The 1 term ‘‘comprehensive sex education’’ means a pro- 2 gram that— 3 (A) includes age- and developmentally ap- 4 propriate, culturally and linguistically relevant 5 information on a broad set of topics related to 6 sexuality including human development, rela- 7 tionships, decisionmaking, communication, ab- 8 stinence, contraception, and disease and preg- 9 nancy prevention; 10 (B) provides students with opportunities 11 for developing skills as well as learning informa- 12 tion; 13 (C) is inclusive of lesbian, gay, bisexual, 14 transgender, and heterosexual young people; 15 and 16 (D) aims to— 17 (i) provide scientifically accurate and 18 realistic information about human sexu- 19 ality; 20 (ii) provide opportunities for individ- 21 uals to understand their own, their fami- 22 lies’, and their communities’ values, atti- 23 tudes, and insights about sexuality; 24 VerDate Mar 15 2010 23:06 Feb 26, 2013 Jkt 029200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H725.IH H725 tkelley on DSK3SPTVN1PROD with BILLS 29 •HR 725 IH (iii) help individuals develop healthy 1 relationships and interpersonal skills; and 2 (iv) help individuals exercise responsi- 3 bility regarding sexual relationships, which 4 includes addressing abstinence, pressures 5 to become prematurely involved in sexual 6 intercourse, and the use of contraception 7 and other sexual health measures. 8 (6) EVIDENCE-BASED PROGRAM.—The term 9 ‘‘evidence-based program’’ means a sex education 10 program that has been proven through rigorous eval- 11 uation to be effective in changing sexual behavior or 12 incorporates elements of other sex education pro- 13 grams that have been proven to be effective in 14 changing sexual behavior. 15 (7) INSTITUTION OF HIGHER EDUCATION.—The 16 term ‘‘institution of higher education’’ has the 17 meaning given the term in section 101 of the Higher 18 Education Act of 1965 (20 U.S.C. 1001). 19 (8) MEDICALLY ACCURATE AND COMPLETE.— 20 The term ‘‘medically accurate and complete’’, when 21 used with respect to a sex education program, means 22 that— 23 (A) the information provided through the 24 program is verified or supported by the weight 25 VerDate Mar 15 2010 23:06 Feb 26, 2013 Jkt 029200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H725.IH H725 tkelley on DSK3SPTVN1PROD with BILLS 30 •HR 725 IH of research conducted in compliance with ac- 1 cepted scientific methods and is published in 2 peer-reviewed journals, where applicable; or 3 (B)(i) the program contains information 4 that leading professional organizations and 5 agencies with relevant expertise in the field rec- 6 ognize as accurate, objective, and complete; and 7 (ii) the program does not withhold infor- 8 mation about the effectiveness and benefits of 9 correct and consistent use of condoms and 10 other contraceptives. 11 (9) SECRETARY.—The term ‘‘Secretary’’ means 12 the Secretary of Health and Human Services. 13 (10) YOUNG PEOPLE.—The term ‘‘young peo- 14 ple’’ means individuals who are ages 10 through 24 15 at the time of commencement of participation in a 16 program supported under this Act. 17 SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 18 There are authorized to be appropriated to carry out 19 this Act such sums as may be necessary. 20 Æ VerDate Mar 15 2010 23:06 Feb 26, 2013 Jkt 029200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6301 E:\BILLS\H725.IH H725 tkelley on DSK3SPTVN1PROD with BILLS