Text of US SB 1653 (2017)

II 115TH CONGRESS 1ST SESSION S. 1653 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 SENATE OF THE UNITED STATES JULY 27, 2017 Mr. BOOKER (for himself, Ms. BALDWIN, Mr. BLUMENTHAL, Mr. BROWN, Mr. FRANKEN, Mrs. GILLIBRAND, Ms. HIRONO, Mr. MENENDEZ, Ms. WAR- REN, and Mr. MARKEY) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 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 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Real Education for 4 Healthy Youth Act of 2017’’. 5 VerDate Sep 11 2014 22:54 Aug 07, 2017 Jkt 069200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1653.IS S1653 asabaliauskas on DSKBBXCHB2PROD with BILLS 2 •S 1653 IS SEC. 2. PURPOSES; FINDING; SENSE OF CONGRESS. 1 (a) PURPOSES.—The purposes of this Act are to pro- 2 vide young people with comprehensive sex education pro- 3 grams that— 4 (1) promote and uphold the rights of young 5 people to information in order to make healthy deci- 6 sions about their sexual health; 7 (2) provide the information and skills all young 8 people need to make informed, responsible, and 9 healthy decisions in order to become sexually healthy 10 adults and have healthy relationships; 11 (3) provide information about the prevention of 12 unintended pregnancy, sexually transmitted infec- 13 tions, including HIV, dating violence, sexual assault, 14 bullying, and harassment; and 15 (4) provide resources and information on topics 16 ranging from gender stereotyping and gender roles 17 and stigma and socio-cultural influences surrounding 18 sex and sexuality. 19 (b) FINDING ON REQUIRED RESOURCES.—In order 20 to provide the comprehensive sex education described in 21 subsection (a), Congress finds that increased resources are 22 required for sex education programs that— 23 (1) substantially incorporate elements of evi- 24 dence-based programs or characteristics of effective 25 programs; 26 VerDate Sep 11 2014 22:54 Aug 07, 2017 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1653.IS S1653 asabaliauskas on DSKBBXCHB2PROD with BILLS 3 •S 1653 IS (2) cover a broad range of topics, including 1 medically accurate and complete information that is 2 age and developmentally appropriate about all the 3 aspects of sex, sexual health, and sexuality; 4 (3) are gender and gender identity-sensitive, 5 emphasizing the importance of equality and the so- 6 cial environment for achieving sexual and reproduc- 7 tive health and overall well-being; 8 (4) promote educational achievement, critical 9 thinking, decisionmaking, self-esteem, and self-effi- 10 cacy; 11 (5) help develop healthy attitudes and insights 12 necessary for understanding relationships between 13 oneself and others and society; 14 (6) foster leadership skills and community en- 15 gagement by— 16 (A) promoting principles of fairness, 17 human dignity, and respect; and 18 (B) engaging young people as partners in 19 their communities; and 20 (7) are culturally and linguistically appropriate, 21 reflecting the diverse circumstances and realities of 22 young people. 23 (c) SENSE OF CONGRESS.—It is the sense of Con- 24 gress that— 25 VerDate Sep 11 2014 22:54 Aug 07, 2017 Jkt 069200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1653.IS S1653 asabaliauskas on DSKBBXCHB2PROD with BILLS 4 •S 1653 IS (1) federally funded sex education programs 1 should aim to— 2 (A) provide information about a range of 3 human sexuality topics, including— 4 (i) human development, healthy rela- 5 tionships, personal skills; 6 (ii) sexual behavior including absti- 7 nence; 8 (iii) sexual health including preventing 9 unintended pregnancy; 10 (iv) sexually transmitted infections in- 11 cluding HIV; and 12 (v) society and culture; 13 (B) promote safe and healthy relation- 14 ships; 15 (C) promote gender equity; 16 (D) use, and be informed by, the best sci- 17 entific information available; 18 (E) be culturally appropriate and inclusive 19 of youth with varying gender identities, gender 20 expressions, and sexual orientations; 21 (F) be built on characteristics of effective 22 programs; 23 VerDate Sep 11 2014 22:54 Aug 07, 2017 Jkt 069200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1653.IS S1653 asabaliauskas on DSKBBXCHB2PROD with BILLS 5 •S 1653 IS (G) expand the existing body of research 1 on comprehensive sex education programs 2 through program evaluation; 3 (H) expand training programs for teachers 4 of comprehensive sex education; 5 (I) build on programs funded under section 6 513 of the Social Security Act (42 U.S.C. 713) 7 and the Office of Adolescent Health’s Teen 8 Pregnancy Prevention Program, funded under 9 title II of the Consolidated Appropriations Act, 10 2010 (Public Law 111–117; 123 Stat. 3253), 11 and on programs supported through the Cen- 12 ters for Disease Control and Prevention (CDC); 13 and 14 (J) promote and uphold the rights of 15 young people to information in order to make 16 healthy and autonomous decisions about their 17 sexual health; and 18 (2) no Federal funds should be used for health 19 education programs that— 20 (A) withhold health-promoting or life-sav- 21 ing information about sexuality-related topics, 22 including HIV; 23 (B) are medically inaccurate or have been 24 scientifically shown to be ineffective; 25 VerDate Sep 11 2014 22:54 Aug 07, 2017 Jkt 069200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1653.IS S1653 asabaliauskas on DSKBBXCHB2PROD with BILLS 6 •S 1653 IS (C) promote gender or racial stereotypes; 1 (D) are insensitive and unresponsive to the 2 needs of sexually active young people; 3 (E) are insensitive and unresponsive to the 4 needs of survivors of sexual violence; 5 (F) are insensitive and unresponsive to the 6 needs of youth of all physical, developmental, 7 and mental abilities; 8 (G) are insensitive and unresponsive to the 9 needs of youth with varying gender identities, 10 gender expressions, and sexual orientations; or 11 (H) are inconsistent with the ethical im- 12 peratives of medicine and public health. 13 SEC. 3. GRANTS FOR COMPREHENSIVE SEX EDUCATION 14 FOR ADOLESCENTS. 15 (a) PROGRAM AUTHORIZED.—The Secretary, in co- 16 ordination with the Associate Commissioner of the Family 17 and Youth Services Bureau of the Administration on Chil- 18 dren, Youth, and Families of the Department of Health 19 and Human Services, the Director of the Office of Adoles- 20 cent Health, the Director of the Division of Adolescent 21 and School Health within the Centers for Disease Control 22 and Prevention and the Secretary of Education, shall 23 award grants, on a competitive basis, to eligible entities 24 to enable such eligible entities to carry out programs that 25 VerDate Sep 11 2014 22:54 Aug 07, 2017 Jkt 069200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1653.IS S1653 asabaliauskas on DSKBBXCHB2PROD with BILLS 7 •S 1653 IS provide adolescents with comprehensive sex education, as 1 described in subsection (f). 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 a public or private entity that focuses 6 on adolescent health and education or has experience 7 working with adolescents. 8 (d) APPLICATIONS.—An eligible entity desiring a 9 grant under this section shall submit an application to the 10 Secretary at such time, in such manner, and containing 11 such information as the Secretary may require, including 12 an assurance to participate in the evaluation described in 13 section 6. 14 (e) PRIORITY.—In awarding grants under this sec- 15 tion, the Secretary shall give priority to eligible entities 16 that— 17 (1) are State or local public entities; 18 (2) are entities not currently receiving funds 19 under— 20 (A) section 513 of the Social Security Act 21 (42 U.S.C. 713); 22 (B) the Office of Adolescent Health’s Teen 23 Pregnancy Prevention Program, funded under 24 title II of the Consolidated Appropriations Act, 25 VerDate Sep 11 2014 22:54 Aug 07, 2017 Jkt 069200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1653.IS S1653 asabaliauskas on DSKBBXCHB2PROD with BILLS 8 •S 1653 IS 2010 (Public Law 111–117; 123 Stat. 3253), 1 or any substantially similar successive program; 2 or 3 (C) the Centers for Disease Control and 4 Prevention’s Division of Adolescent and School 5 Health; and 6 (3) address health inequities among young peo- 7 ple that face systemic barriers resulting in dis- 8 proportionate rates of not less than one of the fol- 9 lowing: 10 (A) Unintended pregnancies; 11 (B) Sexually transmitted infections, includ- 12 ing HIV; and 13 (C) Dating violence and sexual violence. 14 (f) USE OF FUNDS.— 15 (1) IN GENERAL.—Each eligible entity that re- 16 ceives a grant under this section shall use the grant 17 funds to carry out an education program that pro- 18 vides adolescents with comprehensive sex education 19 that— 20 (A) is age and developmentally appro- 21 priate; 22 (B) is medically accurate and complete; 23 (C) substantially incorporates elements of 24 evidence-based sex education instruction; or 25 VerDate Sep 11 2014 22:54 Aug 07, 2017 Jkt 069200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1653.IS S1653 asabaliauskas on DSKBBXCHB2PROD with BILLS 9 •S 1653 IS (D) creates a demonstration project based 1 on characteristics of effective programs. 2 (2) CONTENTS OF COMPREHENSIVE SEX EDU- 3 CATION PROGRAMS.—The comprehensive sex edu- 4 cation programs funded under this section shall in- 5 clude instruction and materials that address— 6 (A) the physical, social, and emotional 7 changes of human development including, 8 human anatomy, reproduction, and sexual de- 9 velopment; 10 (B) healthy relationships, including friend- 11 ships, within families, and society, that are 12 based on mutual respect, and the ability to dis- 13 tinguish between healthy and unhealthy rela- 14 tionships, including— 15 (i) effective communication, negotia- 16 tion and refusal skills, including the skills 17 to recognize and report inappropriate or 18 abusive sexual advances; 19 (ii) bodily autonomy, setting and re- 20 specting personal boundaries, practicing 21 personal safety, and consent; and 22 (iii) the limitations and harm of gen- 23 der-role stereotypes, violence, coercion, bul- 24 VerDate Sep 11 2014 22:54 Aug 07, 2017 Jkt 069200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1653.IS S1653 asabaliauskas on DSKBBXCHB2PROD with BILLS 10 •S 1653 IS lying, harassment, and intimidation in re- 1 lationships; 2 (C) healthy decisionmaking skills about 3 sexuality and relationships that include— 4 (i) critical thinking, problem solving, 5 self-efficacy, stress-management, self-care, 6 and decisionmaking; 7 (ii) individual values and attitudes; 8 (iii) the promotion of positive body 9 images; 10 (iv) developing an understanding that 11 there are a range of body types and en- 12 couraging positive feeling about students’ 13 own body types; 14 (v) information on how to respect oth- 15 ers and ensure safety on the internet and 16 when using other forms of digital commu- 17 nication; 18 (vi) information on local services and 19 resources where students can obtain addi- 20 tional information related to bullying, har- 21 assment, dating violence and sexual as- 22 sault, suicide prevention, and other related 23 care; 24 VerDate Sep 11 2014 22:54 Aug 07, 2017 Jkt 069200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1653.IS S1653 asabaliauskas on DSKBBXCHB2PROD with BILLS 11 •S 1653 IS (vii) encouragement for youth to com- 1 municate with their parents or guardians, 2 health and social service professionals, and 3 other trusted adults about sexuality and 4 intimate relationships; 5 (viii) information on how to create a 6 safe environment for all students and oth- 7 ers in society; 8 (ix) examples of varying types of rela- 9 tionships, couples, and family structures; 10 and 11 (x) affirmative representation of vary- 12 ing gender identities, gender expressions, 13 and sexual orientations, including individ- 14 uals and relationships between same sex 15 couples and their families; 16 (D) abstinence, delaying age of first sexual 17 activity, the use of condoms, preventive medica- 18 tion, vaccination, birth control, and other sexu- 19 ally transmitted infection prevention measures, 20 and pregnancy, including— 21 (i) the importance of effectively using 22 condoms, preventive medication, and appli- 23 cable vaccinations to protect against sexu- 24 ally transmitted infections, including HIV; 25 VerDate Sep 11 2014 22:54 Aug 07, 2017 Jkt 069200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1653.IS S1653 asabaliauskas on DSKBBXCHB2PROD with BILLS 12 •S 1653 IS (ii) the benefits of effective contracep- 1 tive and condom use in avoiding unin- 2 tended pregnancy; 3 (iii) the relationship between sub- 4 stance use and sexual health and behav- 5 iors; and 6 (iv) information about local health 7 services where students can obtain addi- 8 tional information and services related to 9 sexual and reproductive health and other 10 related care; 11 (E) through affirmative recognition, the 12 roles that traditions, values, religion, norms, 13 gender roles, acculturation, family structure, 14 health beliefs, and political power play in how 15 students make decisions that affect their sexual 16 health, using examples of various types of races, 17 ethnicities, cultures, and families, including sin- 18 gle-parent households and young families; 19 (F) information about gender identity, 20 gender expression, and sexual orientation for all 21 students, including— 22 (i) affirmative recognition that people 23 have different gender identities, gender ex- 24 pressions, and sexual orientations; and 25 VerDate Sep 11 2014 22:54 Aug 07, 2017 Jkt 069200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S1653.IS S1653 asabaliauskas on DSKBBXCHB2PROD with BILLS 13 •S 1653 IS (ii) community resources that can pro- 1 vide additional support for individuals with 2 varying gender identities, gender expres- 3 sions, and sexual orientations; and 4 (G) opportunities to explore the roles that 5 race, ethnicity, immigration status, disability 6 status, economic status, homelessness, foster 7 care status, and language within different com- 8 munities affect sexual attitudes in society and 9 culture and how this may impact student sexual 10 health. 11 SEC. 4. GRANTS FOR COMPREHENSIVE SEX EDUCATION AT 12 INSTITUTIONS OF HIGHER EDUCATION. 13 (a) PROGRAM AUTHORIZED.—The Secretary, in co- 14 ordination with the Secretary of Education, shall award 15 grants, on a competitive basis, to institutions of higher 16 education or consortia of such institutions to enable such 17 institutions to provide young people with comprehensive 18 sex education, described in subsection (e)(2). 19 (b) DURATION.—Grants awarded under this section 20 shall be for a period of 5 years. 21 (c) APPLICATIONS.—An institution of higher edu- 22 cation or consortia of such institutions desiring a grant 23 under this section shall submit an application to the Sec- 24 retary at such time, in such manner, and containing such 25 VerDate Sep 11 2014 22:54 Aug 07, 2017 Jkt 069200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S1653.IS S1653 asabaliauskas on DSKBBXCHB2PROD with BILLS 14 •S 1653 IS information as the Secretary may require, including an as- 1 surance to participate in the evaluation described in sec- 2 tion 6. 3 (d) PRIORITY.—In awarding grants under this sec- 4 tion, the Secretary shall give priority to an institution of 5 higher education that— 6 (1) has an enrollment of needy students as de- 7 fined in section 318(b) of the Higher Education Act 8 of 1965 (20 U.S.C. 1059e(b)); 9 (2) is a Hispanic-serving institution, as defined 10 in section 502(a) of such Act (20 U.S.C. 1101a(a)); 11 (3) is a Tribal College or University, as defined 12 in section 316(b) of such Act (20 U.S.C. 1059c(b)); 13 (4) is an Alaska Native-serving institution, as 14 defined in section 317(b) of such Act (20 U.S.C. 15 1059d(b)); 16 (5) is a Native Hawaiian-serving institution, as 17 defined in section 317(b) of such Act (20 U.S.C. 18 1059d(b)); 19 (6) is a Predominately Black Institution, as de- 20 fined in section 318(b) of such Act (20 U.S.C. 21 1059e(b)); 22 (7) is a Native American-serving, nontribal in- 23 stitution, as defined in section 319(b) of such Act 24 (20 U.S.C. 1059f(b)); 25 VerDate Sep 11 2014 22:54 Aug 07, 2017 Jkt 069200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S1653.IS S1653 asabaliauskas on DSKBBXCHB2PROD with BILLS 15 •S 1653 IS (8) is an Asian American and Native American 1 Pacific Islander-serving institution, as defined in 2 section 320(b) of such Act (20 U.S.C. 1059g(b)); or 3 (9) is a minority institution, as defined in sec- 4 tion 365 of such Act (20 U.S.C. 1067k), with an en- 5 rollment of needy students, as defined in section 312 6 of such Act (20 U.S.C. 1058). 7 (e) USES OF FUNDS.— 8 (1) IN GENERAL.—An institution of higher edu- 9 cation receiving a grant under this section shall use 10 grant funds to integrate issues relating to com- 11 prehensive sex education into institution of higher 12 education in order to reach a large number of stu- 13 dents, by carrying out one or more of the following 14 activities: 15 (A) Developing or adopting educational 16 content for issues relating to comprehensive sex 17 education that will be incorporated into student 18 orientation, general education, or core courses. 19 (B) Developing or adopting, and imple- 20 menting schoolwide educational programming 21 outside of class that delivers elements of com- 22 prehensive sex education programs to students, 23 faculty, and staff. 24 VerDate Sep 11 2014 22:54 Aug 07, 2017 Jkt 069200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S1653.IS S1653 asabaliauskas on DSKBBXCHB2PROD with BILLS 16 •S 1653 IS (C) Developing or adopting innovative 1 technology-based approaches to deliver sex edu- 2 cation to students, faculty, and staff. 3 (D) Developing or adopting, and imple- 4 menting peer-outreach and education programs 5 to generate discussion, educate, and raise 6 awareness among students about issues relating 7 to comprehensive sex education. 8 (2) CONTENTS OF SEX EDUCATION PRO- 9 GRAMS.—Each institution of higher education’s pro- 10 gram of comprehensive sex education funded under 11 this section shall include instruction and materials 12 that address the requirements under section 3(f). 13 SEC. 5. GRANTS FOR PRE-SERVICE AND IN-SERVICE TEACH- 14 ER TRAINING. 15 (a) PROGRAM AUTHORIZED.—The Secretary, in co- 16 ordination with the Director of the Centers for Disease 17 Control and Prevention and the Secretary of Education, 18 shall award grants, on a competitive basis, to eligible enti- 19 ties to enable such eligible entities to carry out the activi- 20 ties described in subsection (e). 21 (b) DURATION.—Grants awarded under this section 22 shall be for a period of 5 years. 23 (c) ELIGIBLE ENTITY.—In this section, the term ‘‘el- 24 igible entity’’ means— 25 VerDate Sep 11 2014 22:54 Aug 07, 2017 Jkt 069200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S1653.IS S1653 asabaliauskas on DSKBBXCHB2PROD with BILLS 17 •S 1653 IS (1) a State or local educational agency; 1 (2) a State or local department of health; 2 (3) a tribe or tribal organization, as defined in 3 section 4 of the Indian Self-Determination and Edu- 4 cation Assistance Act (25 U.S.C. 5304); 5 (4) an educational service agency; 6 (5) a nonprofit institution of higher education; 7 (6) a national or statewide nonprofit organiza- 8 tion that has as its primary purpose the improve- 9 ment of provision of comprehensive sex education 10 through training and effective teaching of com- 11 prehensive sex education; or 12 (7) a consortium of nonprofit organizations that 13 has as its primary purpose the improvement of pro- 14 vision of comprehensive sex education through train- 15 ing and effective teaching of comprehensive sex edu- 16 cation. 17 (d) APPLICATION.—An eligible entity desiring a 18 grant under this section shall submit an application to the 19 Secretary at such time, in such manner, and containing 20 such information as the Secretary may require, including 21 an assurance to participate in the evaluation described in 22 section 6. 23 (e) AUTHORIZED ACTIVITIES.— 24 VerDate Sep 11 2014 22:54 Aug 07, 2017 Jkt 069200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S1653.IS S1653 asabaliauskas on DSKBBXCHB2PROD with BILLS 18 •S 1653 IS (1) REQUIRED ACTIVITY.—Each eligible entity 1 receiving a grant under this section shall use grant 2 funds for professional development and training of 3 relevant faculty, school administrators, teachers, and 4 staff, in order to increase effective teaching of com- 5 prehensive sex education students. 6 (2) PERMISSIBLE ACTIVITIES.—Each eligible 7 entity receiving a grant under this section may use 8 grant funds to— 9 (A) provide research-based training of 10 teachers for comprehensive sex education for 11 adolescents as a means of broadening student 12 knowledge about issues related to human devel- 13 opment, healthy relationships, personal skills, 14 and sexual behavior, including abstinence, sex- 15 ual health, and society and culture; 16 (B) support the dissemination of informa- 17 tion on effective practices and research findings 18 concerning the teaching of comprehensive sex 19 education; 20 (C) support research on— 21 (i) effective comprehensive sex edu- 22 cation teaching practices; and 23 (ii) the development of assessment in- 24 struments and strategies to document— 25 VerDate Sep 11 2014 22:54 Aug 07, 2017 Jkt 069200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S1653.IS S1653 asabaliauskas on DSKBBXCHB2PROD with BILLS 19 •S 1653 IS (I) student understanding of 1 comprehensive sex education; and 2 (II) the effects of comprehensive 3 sex education; 4 (D) convene national conferences on com- 5 prehensive sex education, in order to effectively 6 train teachers in the provision of comprehensive 7 sex education; and 8 (E) develop and disseminate appropriate 9 research-based materials to foster comprehen- 10 sive sex education. 11 (3) SUBGRANTS.—Each eligible entity receiving 12 a grant under this section may award subgrants to 13 nonprofit organizations that possess a demonstrated 14 record of providing training to faculty, school admin- 15 istrators, teachers, and staff on comprehensive sex 16 education to— 17 (A) train teachers in comprehensive sex 18 education; 19 (B) support Internet or distance learning 20 related to comprehensive sex education; 21 (C) promote rigorous academic standards 22 and assessment techniques to guide and meas- 23 ure student performance in comprehensive sex 24 education; 25 VerDate Sep 11 2014 22:54 Aug 07, 2017 Jkt 069200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S1653.IS S1653 asabaliauskas on DSKBBXCHB2PROD with BILLS 20 •S 1653 IS (D) encourage replication of best practices 1 and model programs to promote comprehensive 2 sex education; 3 (E) develop and disseminate effective, re- 4 search-based comprehensive sex education 5 learning materials; 6 (F) develop academic courses on the peda- 7 gogy of sex education at institutions of higher 8 education; or 9 (G) convene State-based conferences to 10 train teachers in comprehensive sex education 11 and to identify strategies for improvement. 12 SEC. 6. IMPACT EVALUATION AND REPORTING. 13 (a) MULTI-YEAR EVALUATION.— 14 (1) IN GENERAL.—Not later than 6 months 15 after the date of the enactment of this Act, the Sec- 16 retary shall enter into a contract with a nonprofit 17 organization with experience in conducting impact 18 evaluations, to conduct a multi-year evaluation on 19 the impact of the grants under sections 3, 4, and 5, 20 and to report to Congress and the Secretary on the 21 findings of such evaluation. 22 (2) EVALUATION.—The evaluation conducted 23 under this subsection shall— 24 VerDate Sep 11 2014 22:54 Aug 07, 2017 Jkt 069200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S1653.IS S1653 asabaliauskas on DSKBBXCHB2PROD with BILLS 21 •S 1653 IS (A) be conducted in a manner consistent 1 with relevant, nationally recognized professional 2 and technical evaluation standards; 3 (B) use sound statistical methods and 4 techniques relating to the behavioral sciences, 5 including quasi-experimental designs, inferential 6 statistics, and other methodologies and tech- 7 niques that allow for conclusions to be reached; 8 (C) be carried out by an independent orga- 9 nization that has not received a grant under 10 sections 3, 4, or 5; and 11 (D) be designed to provide information 12 on— 13 (i) output measures, such as the num- 14 ber of individuals served under the grant 15 and the number of hours of instruction; 16 (ii) outcome measures, including 17 measures relating to— 18 (I) the knowledge that individ- 19 uals participating in the grant pro- 20 gram have gained in each of the fol- 21 lowing age and developmentally appro- 22 priate areas— 23 (aa) growth and develop- 24 ment; 25 VerDate Sep 11 2014 22:54 Aug 07, 2017 Jkt 069200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\S1653.IS S1653 asabaliauskas on DSKBBXCHB2PROD with BILLS 22 •S 1653 IS (bb) relationship dynamics; 1 (cc) ways to prevent unin- 2 tended pregnancy and sexually 3 transmitted infections, including 4 HIV; and 5 (dd) sexual health; 6 (II) the age and developmentally 7 appropriate skills that individuals par- 8 ticipating in the grant program have 9 gained regarding— 10 (aa) negotiation and commu- 11 nication; 12 (bb) decisionmaking and 13 goal-setting; 14 (cc) interpersonal skills and 15 healthy relationships; and 16 (dd) condom use; and 17 (III) the behaviors of adolescents 18 participating in the grant program, 19 including data about— 20 (aa) age of first intercourse; 21 (bb) condom and contracep- 22 tive use at first intercourse; 23 (cc) recent condom and con- 24 traceptive use; 25 VerDate Sep 11 2014 22:54 Aug 07, 2017 Jkt 069200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\S1653.IS S1653 asabaliauskas on DSKBBXCHB2PROD with BILLS 23 •S 1653 IS (dd) substance use; 1 (ee) dating abuse and life- 2 time history of sexual assault, 3 dating violence, bullying, harass- 4 ment, stalking; and 5 (ff) academic performance; 6 and 7 (iii) other measures necessary to 8 evaluate the impact of the grant program. 9 (3) REPORT.—Not later than 6 years after the 10 date of enactment of this Act, the organization con- 11 ducting the evaluation under this subsection shall 12 prepare and submit to the appropriate committees of 13 Congress and the Secretary an evaluation report. 14 Such report shall be made publicly available, includ- 15 ing on the website of the Department of Health and 16 Human Services. 17 (b) SECRETARY’S REPORT TO CONGRESS.—Not later 18 than 1 year after the date of the enactment of this Act, 19 and annually thereafter for a period of 5 years, the Sec- 20 retary shall prepare and submit to the appropriate com- 21 mittees of Congress a report on the activities to provide 22 adolescents and young people with comprehensive sex edu- 23 cation and pre-service and in-service teacher training 24 VerDate Sep 11 2014 22:54 Aug 07, 2017 Jkt 069200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S1653.IS S1653 asabaliauskas on DSKBBXCHB2PROD with BILLS 24 •S 1653 IS funded under this Act. The Secretary’s report to Congress 1 shall include— 2 (1) a statement of how grants awarded by the 3 Secretary meet the purposes described in section 4 2(a); and 5 (2) information about— 6 (A) the number of eligible entities and in- 7 stitutions of higher education that are receiving 8 grant funds under sections 3, 4, and 5; 9 (B) the specific activities supported by 10 grant funds awarded under sections 3, 4, and 11 5; 12 (C) the number of adolescents served by 13 grant programs funded under section 3; 14 (D) the number of young people served by 15 grant programs funded under section 4; 16 (E) the number of faculty, school adminis- 17 trators, teachers, and staff trained under sec- 18 tion 5; and 19 (F) the status of the evaluation required 20 under subsection (a). 21 SEC. 7. NONDISCRIMINATION. 22 Programs funded under this Act shall not discrimi- 23 nate on the basis of actual or perceived sex, race, color, 24 ethnicity, national origin, disability, sexual orientation, 25 VerDate Sep 11 2014 22:54 Aug 07, 2017 Jkt 069200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S1653.IS S1653 asabaliauskas on DSKBBXCHB2PROD with BILLS 25 •S 1653 IS gender identity, or religion. Nothing in this Act shall be 1 construed to invalidate or limit rights, remedies, proce- 2 dures, or legal standards available under any other Fed- 3 eral law or any law of a State or a political subdivision 4 of a State, including the Civil Rights Act of 1964 (42 5 U.S.C. 2000a et seq.), title IX of the Education Amend- 6 ments of 1972 (20 U.S.C. 1681 et seq.), section 504 of 7 the Rehabilitation Act of 1973 (29 U.S.C. 794), the Amer- 8 icans with Disabilities Act of 1990 (42 U.S.C. 12101 et 9 seq.), and section 1557 of the Patient Protection and Af- 10 fordable Care Act (42 U.S.C. 18116). 11 SEC. 8. LIMITATION. 12 No Federal funds provided under this Act may be 13 used for health education programs that— 14 (1) withhold health-promoting or life-saving in- 15 formation about sexuality-related topics, including 16 HIV; 17 (2) are medically inaccurate or have been sci- 18 entifically shown to be ineffective; 19 (3) promote gender or racial stereotypes; 20 (4) are insensitive and unresponsive to the 21 needs of sexually active young people; 22 (5) are insensitive and unresponsive to the 23 needs of pregnant or parenting young people; 24 VerDate Sep 11 2014 22:54 Aug 07, 2017 Jkt 069200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S1653.IS S1653 asabaliauskas on DSKBBXCHB2PROD with BILLS 26 •S 1653 IS (6) are insensitive and unresponsive to the 1 needs of survivors of sexual abuse or assault; 2 (7) are insensitive and unresponsive to the 3 needs of youth of all physical, developmental, or 4 mental abilities; 5 (8) are insensitive and unresponsive to individ- 6 uals with varying gender identities, gender expres- 7 sions, and sexual orientations; or 8 (9) are inconsistent with the ethical imperatives 9 of medicine and public health. 10 SEC. 9. AMENDMENTS TO OTHER LAWS. 11 (a) AMENDMENT TO THE PUBLIC HEALTH SERVICE 12 ACT.—Section 2500 of the Public Health Service Act (42 13 U.S.C. 300ee) is amended by striking subsections (b) 14 through (d) and inserting the following: 15 ‘‘(b) CONTENTS OF PROGRAMS.—All programs of 16 education and information receiving funds under this sub- 17 chapter shall include information about the potential ef- 18 fects of intravenous substance abuse.’’. 19 (b) AMENDMENTS TO THE ELEMENTARY AND SEC- 20 ONDARY EDUCATION ACT OF 1965.—Section 8526 of the 21 Elementary and Secondary Education Act of 1965 (20 22 U.S.C. 7906) is amended— 23 (1) by striking paragraph (3); 24 VerDate Sep 11 2014 22:54 Aug 07, 2017 Jkt 069200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S1653.IS S1653 asabaliauskas on DSKBBXCHB2PROD with BILLS 27 •S 1653 IS (2) by redesignating paragraphs (4) and (5) as 1 paragraphs (3) and (4), respectively; 2 (3) in paragraph (4), by inserting ‘‘or’’ after 3 the semicolon; and 4 (4) in paragraph (5), by striking ‘‘; or’’ and in- 5 serting a period; and 6 (5) by striking paragraph (6). 7 SEC. 10. DEFINITIONS. 8 In this Act: 9 (1) ADOLESCENTS.—The term ‘‘adolescents’’ 10 means individuals who are ages 10 through 19 at 11 the time of commencement of participation in a pro- 12 gram supported under this Act. 13 (2) AGE AND DEVELOPMENTALLY APPRO- 14 PRIATE.—The term ‘‘age and developmentally appro- 15 priate’’ means topics, messages, and teaching meth- 16 ods suitable to particular age, age group of children 17 and adolescents, or developmental levels, based on 18 cognitive, emotional, social, and behavioral capacity 19 of most students at that age level. 20 (3) APPROPRIATE COMMITTEES OF CON- 21 GRESS.—The term ‘‘appropriate committees of Con- 22 gress’’ means the Committee on Health, Education, 23 Labor, and Pensions of the Senate, the Committee 24 on Appropriations of the Senate, the Committee on 25 VerDate Sep 11 2014 22:54 Aug 07, 2017 Jkt 069200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S1653.IS S1653 asabaliauskas on DSKBBXCHB2PROD with BILLS 28 •S 1653 IS Energy and Commerce of the House of Representa- 1 tives, the Committee on Education and the Work- 2 force of the House of Representatives, and the Com- 3 mittee on Appropriations of the House of Represent- 4 atives. 5 (4) CHARACTERISTICS OF EFFECTIVE PRO- 6 GRAMS.—The term ‘‘characteristics of effective pro- 7 grams’’ means the aspects of evidence-based pro- 8 grams, including development, content, and imple- 9 mentation of such programs, that— 10 (A) have been shown to be effective in 11 terms of increasing knowledge, clarifying values 12 and attitudes, increasing skills, and impacting 13 upon behavior; and 14 (B) are widely recognized by leading med- 15 ical and public health agencies to be effective in 16 changing sexual behaviors that lead to sexually 17 transmitted infections, including HIV, unin- 18 tended pregnancy, and dating violence and sex- 19 ual assault among young people. 20 (5) COMPREHENSIVE SEX EDUCATION.—The 21 term ‘‘comprehensive sex education’’ means instruc- 22 tion part of a comprehensive school health education 23 approach which addresses the physical, mental, emo- 24 tional, and social dimensions of human sexuality; de- 25 VerDate Sep 11 2014 22:54 Aug 07, 2017 Jkt 069200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S1653.IS S1653 asabaliauskas on DSKBBXCHB2PROD with BILLS 29 •S 1653 IS signed to motivate and assist students to maintain 1 and improve their sexual health, prevent disease and 2 reduce sexual health-related risk behaviors; and en- 3 able and empower students to develop and dem- 4 onstrate age and developmentally appropriate sexu- 5 ality and sexual health-related knowledge, attitudes, 6 skills, and practices. 7 (6) CONSENT.—The term ‘‘consent’’ means af- 8 firmative, conscious, and voluntary agreement to en- 9 gage in interpersonal, physical, or sexual activity. 10 (7) CULTURALLY APPROPRIATE.—The term 11 ‘‘culturally appropriate’’ means materials and in- 12 struction that respond to culturally diverse individ- 13 uals, families and communities in an inclusive, re- 14 spectful and effective manner; including materials 15 and instruction that are inclusive of race, ethnicity, 16 languages, cultural background, religion, sex, gender 17 identity, sexual orientation, and different abilities. 18 (8) EVIDENCE-BASED.—The term ‘‘evidence- 19 based’’, when used with respect to sex education in- 20 struction means a sex education program that has 21 been proven through rigorous evaluation to be effec- 22 tive in changing sexual behavior or incorporates ele- 23 ments of other programs that have been proven to 24 be effective in changing sexual behavior. 25 VerDate Sep 11 2014 22:54 Aug 07, 2017 Jkt 069200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S1653.IS S1653 asabaliauskas on DSKBBXCHB2PROD with BILLS 30 •S 1653 IS (9) GENDER EXPRESSION.—The term ‘‘gender 1 expression’’, when used with respect to a sex edu- 2 cation program, means the expression of one’s gen- 3 der, such as through behavior, clothing, haircut, or 4 voice, and which may or may not conform to socially 5 defined behaviors and characteristics typically asso- 6 ciated with being either masculine or feminine. 7 (10) GENDER IDENTITY.—Except with respect 8 to section 7, the term ‘‘gender identity’’, when used 9 with respect to a sex education program, means the 10 gender-related identity, appearance, mannerisms, or 11 other gender-related characteristics of an individual, 12 regardless of the individual’s designated sex at birth 13 including a person’s deeply held sense or knowledge 14 of their own gender; such as male, female, both or 15 neither. 16 (11) INCLUSIVE.—The term ‘‘inclusive’’, when 17 used with respect to a sex education program, means 18 curriculum that ensures that students from histori- 19 cally marginalized communities are reflected in 20 classroom materials and lessons. 21 (12) INSTITUTION OF HIGHER EDUCATION.— 22 The term ‘‘institution of higher education’’ has the 23 meaning given the term in section 101 of the Higher 24 Education Act of 1965 (20 U.S.C. 1001). 25 VerDate Sep 11 2014 22:54 Aug 07, 2017 Jkt 069200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\S1653.IS S1653 asabaliauskas on DSKBBXCHB2PROD with BILLS 31 •S 1653 IS (13) MEDICALLY ACCURATE AND COMPLETE.— 1 The term ‘‘medically accurate and complete’’, when 2 used with respect to a sex education program, means 3 that— 4 (A) the information provided through the 5 program is verified or supported by the weight 6 of research conducted in compliance with ac- 7 cepted scientific methods and is published in 8 peer-reviewed journals, where applicable; or 9 (B)(i) the program contains information 10 that leading professional organizations and 11 agencies with relevant expertise in the field rec- 12 ognize as accurate, objective, and complete; and 13 (ii) the program does not withhold infor- 14 mation about the effectiveness and benefits of 15 correct and consistent use of condoms and 16 other contraceptives. 17 (14) SECRETARY.—The term ‘‘Secretary’’ 18 means the Secretary of Health and Human Services. 19 (15) SEXUAL DEVELOPMENT.—The term ‘‘sex- 20 ual development’’ means the lifelong process of phys- 21 ical, behavioral, cognitive, and emotional growth and 22 change as it relates to an individual’s sexuality and 23 sexual maturation, including puberty, identity devel- 24 VerDate Sep 11 2014 22:54 Aug 07, 2017 Jkt 069200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S1653.IS S1653 asabaliauskas on DSKBBXCHB2PROD with BILLS 32 •S 1653 IS opment, socio-cultural influences, and sexual behav- 1 iors. 2 (16) SEXUAL ORIENTATION.—Except with re- 3 spect to section 7, the term ‘‘sexual orientation’’, 4 when used with respect to a sex education program, 5 means an individual’s attraction, including physical 6 or emotional, to the same or different gender. 7 (17) YOUNG PEOPLE.—The term ‘‘young peo- 8 ple’’ means individuals who are ages 10 through 24 9 at the time of commencement of participation in a 10 program supported under this Act. 11 SEC. 11. FUNDING. 12 (a) APPROPRIATION.—For the purpose of carrying 13 out Act, there is appropriated 75,000,000 for each fiscal 14 years 2017 through 2022. Amounts appropriated under 15 this subsection shall remain available until expended. 16 (b) RESERVATIONS OF FUNDS.— 17 (1) The Secretary shall reserve 50 percent of 18 the amount appropriated under subsection (a) for 19 the purposes of awarding grants for comprehensive 20 sex education for adolescents under section 3. 21 (2) The Secretary shall reserve 25 percent of 22 the amount appropriated under subsection (a) for 23 the purposes of awarding grants for comprehensive 24 VerDate Sep 11 2014 22:54 Aug 07, 2017 Jkt 069200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\S1653.IS S1653 asabaliauskas on DSKBBXCHB2PROD with BILLS 33 •S 1653 IS sex education at institutes of higher education under 1 section 4. 2 (3) The Secretary shall reserve 20 percent of 3 the amount appropriated under subsection (a) for 4 the purposes of awarding grants for pre-service and 5 in-service teacher training under section 5. 6 (4) The Secretary shall reserve 2 percent of the 7 amount appropriated under subsection (a) for the 8 purpose of carrying out the impact evaluation and 9 reporting required under section 6(a). 10 (c) SECRETARIAL RESPONSIBILITIES.—The Sec- 11 retary shall reserve 3 percent of amount appropriated 12 under subsection (a) for each fiscal year for expenditures 13 by the Secretary to provide, directly or through a competi- 14 tive grant process, research, training, and technical assist- 15 ance, including dissemination of research and information 16 regarding effective and promising practices, providing con- 17 sultation and resources, and developing resources and ma- 18 terials to support the activities of recipients of grants. In 19 carrying out such functions, the Secretary shall collabo- 20 rate with a variety of entities that have expertise in adoles- 21 cent sexual health development, education, and promotion. 22 (d) REPROGRAMMING OF ABSTINENCE ONLY UNTIL 23 MARRIAGE PROGRAM FUNDING.—The unobligated bal- 24 ance of funds made available to carry out section 510 of 25 VerDate Sep 11 2014 22:54 Aug 07, 2017 Jkt 069200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\S1653.IS S1653 asabaliauskas on DSKBBXCHB2PROD with BILLS 34 •S 1653 IS the Social Security Act (42 U.S.C. 710) (as in effect on 1 the day before the date of enactment of this Act) are here- 2 by transferred and shall be used by the Secretary to carry 3 out this Act. The amounts transferred and made available 4 to carry out this Act shall remain available until expended. 5 (e) REPEAL OF ABSTINENCE ONLY UNTIL MAR- 6 RIAGE PROGRAM.—Section 510 of the Social Security Act 7 (42 U.S.C. 710 et seq.) is repealed. 8 Æ VerDate Sep 11 2014 22:54 Aug 07, 2017 Jkt 069200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6301 E:\BILLS\S1653.IS S1653 asabaliauskas on DSKBBXCHB2PROD with BILLS