Text of US SB 1689 (2021)

II 117TH CONGRESS 1ST SESSION S. 1689 To provide for the overall health and well-being of young people, including the promotion and attainment of lifelong sexual health and healthy rela- tionships, and for other purposes. IN THE SENATE OF THE UNITED STATES MAY 18, 2021 Mr. BOOKER (for himself, Ms. HIRONO, Mr. MARKEY, Mr. MENENDEZ, Ms. WARREN, Mr. BROWN, Ms. BALDWIN, Mr. BLUMENTHAL, Ms. SMITH, Ms. DUCKWORTH, and Mr. MERKLEY) introduced the following bill; which was read twice and referred to the Committee on Health, Edu- cation, Labor, and Pensions A BILL To provide for the overall health and well-being of young people, including the promotion and attainment of life- long 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 and 4 Access for Healthy Youth Act of 2021’’. 5 VerDate Sep 11 2014 03:55 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1689.IS S1689 pbinns on DSKJLVW7X2PROD with BILLS 2 •S 1689 IS SEC. 2. PURPOSE AND FINDINGS. 1 (a) PURPOSE.—The purpose of this Act is to provide 2 young people with sex education and sexual health services 3 that— 4 (1) promote and uphold the rights of young 5 people to information and services that empower 6 them to make decisions about their bodies, health, 7 sexuality, families, and communities in all areas of 8 life; 9 (2) are evidence-informed, comprehensive in 10 scope, confidential, equitable, accessible, medically 11 accurate and complete, age and developmentally ap- 12 propriate, culturally responsive, and trauma-in- 13 formed and resilience-oriented; 14 (3) provide information about the prevention, 15 treatment, and care of pregnancy, sexually trans- 16 mitted infections, and interpersonal violence; 17 (4) provide information about the importance of 18 consent as a basis for healthy relationships and for 19 autonomy in healthcare; 20 (5) provide information on gender roles and 21 gender discrimination; 22 (6) provide information on the historical and 23 current condition in which education and health sys- 24 tems, policies, programs, services, and practices have 25 uniquely and adversely impacted Black, Indigenous, 26 VerDate Sep 11 2014 03:55 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1689.IS S1689 pbinns on DSKJLVW7X2PROD with BILLS 3 •S 1689 IS Latinx, Asian, Asian American and Pacific Islander, 1 and other People of Color; and 2 (7) redress inequities in the delivery of sex edu- 3 cation and sexual health services to marginalized 4 young people. 5 (b) FINDINGS.—Congress finds the following: 6 (1) Young people need and have the right to sex 7 education and sexual health services that are evi- 8 dence-informed, comprehensive in scope, confiden- 9 tial, equitable, accessible, medically accurate and 10 complete, age and developmentally appropriate, cul- 11 turally responsive, and trauma-informed and resil- 12 ience-oriented. 13 (2) Currently, there is a gap between the sex 14 education that young people should be receiving 15 based on expert standards and the sex education 16 many actually receive. 17 (3) Only 29 States and the District of Colum- 18 bia mandate sex education in schools. 19 (4) When there is sex education or instruction 20 regarding human immunodeficiency virus (HIV) or 21 sexually transmitted infections (STI), 15 States do 22 not require the content to be evidence-informed, 23 medically accurate and complete, age and develop- 24 mentally appropriate, or culturally responsive. 25 VerDate Sep 11 2014 03:55 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1689.IS S1689 pbinns on DSKJLVW7X2PROD with BILLS 4 •S 1689 IS (5) Many sex education programs and sexual 1 health services currently available were not designed 2 to and do not currently meet the needs of 3 marginalized young people. Some such programs and 4 services actually harm marginalized young people. 5 (6) For marginalized young people, a lack of 6 comprehensive in scope, confidential, equitable, and 7 accessible sex education and sexual health services is 8 not unfamiliar, but rather a longstanding manifesta- 9 tion of white supremacy, which has touched every 10 aspect of our history, culture, and institutions, in- 11 cluding the education and healthcare systems. 12 (7) The development and delivery of sexual 13 health education and services in the United States 14 historically has been rooted in the oppression of 15 Black, Indigenous, Latinx, Asian, Asian American 16 and Pacific Islander, and other People of Color. 17 (8) The United States has a long history of eu- 18 genics and forced sterilization. The sexual and re- 19 productive rights and bodily autonomy of specific 20 communities deemed ‘‘undesirable’’ or ‘‘defective’’ 21 were targeted by our governments resulting in state- 22 sanctioned violence and generations of trauma and 23 oppression. These communities include— 24 (A) people with low incomes; 25 VerDate Sep 11 2014 03:55 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1689.IS S1689 pbinns on DSKJLVW7X2PROD with BILLS 5 •S 1689 IS (B) immigrants; 1 (C) people with disabilities; 2 (D) people living with HIV; 3 (E) survivors of interpersonal violence; 4 (F) people who are incarcerated, detained, 5 or who otherwise have encountered the crimi- 6 nal-legal system; 7 (G) Black, Indigenous, and other People of 8 Color; 9 (H) people who are lesbian, gay, bisexual, 10 transgender, and queer; and 11 (I) young people who are pregnant and 12 parenting. 13 (9) Black young people are more likely to re- 14 ceive abstinence-only instruction. Research shows 15 that abstinence-only instruction, also known as ‘‘sex- 16 ual risk avoidance’’ instruction, is ineffective in com- 17 parison to sex education. 18 (10) Black, Indigenous, and Latinx young peo- 19 ple are disproportionately more likely to be diag- 20 nosed with an STI, have an unintended pregnancy, 21 or experience sexual assault. 22 (11) The framework of Reproductive Justice ac- 23 knowledges and aims to address the legacy of white 24 supremacy, systemic oppression, and the restrictions 25 VerDate Sep 11 2014 03:55 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1689.IS S1689 pbinns on DSKJLVW7X2PROD with BILLS 6 •S 1689 IS on sex education and sexual health services that dis- 1 proportionately impact marginalized communities. 2 Reproductive Justice will be achieved when all people 3 regardless of actual or perceived race, color, eth- 4 nicity, national origin, religion, immigration status, 5 sex (including gender identity and sexual orienta- 6 tion), disability status, pregnancy or parenting sta- 7 tus, or age have the power to make decisions about 8 their bodies, health, sexuality, families, and commu- 9 nities in all areas of life. 10 (12) Increased resources are required for sex 11 education and sexual health services to reach all 12 young people, redress inequities and their impacts 13 on marginalized young people, and achieve Repro- 14 ductive Justice for young people. 15 (13) Such sex education and sexual health serv- 16 ices should— 17 (A) promote and uphold the rights of 18 young people to information and services in 19 order to make and exercise informed and re- 20 sponsible decisions about their sexual health; 21 (B) be evidence-informed, comprehensive in 22 scope, confidential, equitable, accessible, age 23 and developmentally appropriate, culturally re- 24 VerDate Sep 11 2014 03:55 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1689.IS S1689 pbinns on DSKJLVW7X2PROD with BILLS 7 •S 1689 IS sponsive, and trauma-informed and resilience- 1 oriented; 2 (C) include instruction and materials that 3 address— 4 (i) puberty and adolescent develop- 5 ment; 6 (ii) sexual and reproductive anatomy 7 and physiology; 8 (iii) sexual orientation, gender iden- 9 tity, and gender expression; 10 (iv) contraception, pregnancy, and re- 11 production; 12 (v) HIV and other STIs; 13 (vi) consent and healthy relationships; 14 and 15 (vii) interpersonal violence; 16 (D) promote gender equity and be inclusive 17 of young people with varying gender identities, 18 gender expressions, and sexual orientations; 19 (E) promote safe and healthy relationships; 20 and 21 (F) promote racial equity and be respon- 22 sive to the needs of young people who are 23 Black, Indigenous, and other People of Color. 24 VerDate Sep 11 2014 03:55 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1689.IS S1689 pbinns on DSKJLVW7X2PROD with BILLS 8 •S 1689 IS SEC. 3. DEFINITIONS. 1 In this Act: 2 (1) AGE AND DEVELOPMENTALLY APPRO- 3 PRIATE.—The term ‘‘age and developmentally appro- 4 priate’’ means topics, messages, and teaching meth- 5 ods suitable to particular ages, age groups, or devel- 6 opmental levels, based on cognitive, emotional, so- 7 cial, and behavioral capacity of most young people at 8 that age level. 9 (2) CHARACTERISTICS OF EFFECTIVE PRO- 10 GRAMS.—The term ‘‘characteristics of effective pro- 11 grams’’ means the aspects of evidence-informed pro- 12 grams, including development, content, and imple- 13 mentation of such programs, that— 14 (A) have been shown to be effective in 15 terms of increasing knowledge, clarifying values 16 and attitudes, increasing skills, and impacting 17 behavior; and 18 (B) are widely recognized by leading med- 19 ical and public health agencies to be effective in 20 changing sexual behaviors that lead to sexually 21 transmitted infections, unintended pregnancy, 22 and interpersonal violence among young people. 23 (3) CONSENT.—The term ‘‘consent’’ means af- 24 firmative, conscious, and voluntary agreement to en- 25 gage in interpersonal, physical, or sexual activity. 26 VerDate Sep 11 2014 03:55 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1689.IS S1689 pbinns on DSKJLVW7X2PROD with BILLS 9 •S 1689 IS (4) CULTURALLY RESPONSIVE.—The term ‘‘cul- 1 turally responsive’’ means education and services 2 that— 3 (A) embrace and actively engage and ad- 4 just to young people and their various cultural 5 identities; 6 (B) recognize the ways in which many 7 marginalized young people face unique barriers 8 in our society that result in increased adverse 9 health outcomes and associated stereotypes; and 10 (C) may address the ways in which racism 11 has shaped national health care policy, the last- 12 ing historical trauma associated with reproduc- 13 tive health experiments and forced sterilizations 14 of Black, Latinx, and Indigenous communities, 15 or sexual stereotypes assigned to young People 16 of Color or LGBTQ+ people. 17 (5) EVIDENCE-INFORMED.—The term ‘‘evi- 18 dence-informed’’ means incorporates characteristics, 19 content, or skills that have been proven to be effec- 20 tive through evaluation in changing sexual behavior. 21 (6) GENDER EXPRESSION.—The term ‘‘gender 22 expression’’ means the expression of one’s gender, 23 such as through behavior, clothing, haircut, or voice, 24 and which may or may not conform to socially de- 25 VerDate Sep 11 2014 03:55 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1689.IS S1689 pbinns on DSKJLVW7X2PROD with BILLS 10 •S 1689 IS fined behaviors and characteristics typically associ- 1 ated with being either masculine or feminine. 2 (7) GENDER IDENTITY.—The term ‘‘gender 3 identity’’ means the gender-related identity, appear- 4 ance, mannerisms, or other gender-related character- 5 istics of an individual, regardless of the individual’s 6 designated sex at birth. 7 (8) INCLUSIVE.—The term ‘‘inclusive’’ means 8 content and skills that ensure marginalized young 9 people are valued, respected, centered, and sup- 10 ported in sex education instruction and materials. 11 (9) INSTITUTION OF HIGHER EDUCATION.—The 12 term ‘‘institution of higher education’’ has the 13 meaning given the term in section 101 of the Higher 14 Education Act of 1965 (20 U.S.C. 1001). 15 (10) INTERPERSONAL VIOLENCE.—The term 16 ‘‘interpersonal violence’’ means abuse, assault, bul- 17 lying, dating violence, domestic violence, harassment, 18 intimate partner violence, or stalking. 19 (11) MARGINALIZED YOUNG PEOPLE.—The 20 term ‘‘marginalized young people’’ means young peo- 21 ple who are disadvantaged by underlying structural 22 barriers and social inequities, including young people 23 who are— 24 VerDate Sep 11 2014 03:55 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1689.IS S1689 pbinns on DSKJLVW7X2PROD with BILLS 11 •S 1689 IS (A) Black, Indigenous, and other People of 1 Color; 2 (B) immigrants; 3 (C) in contact with the foster care system; 4 (D) in contact with the juvenile justice sys- 5 tem; 6 (E) experiencing homelessness; 7 (F) pregnant or parenting; 8 (G) lesbian, gay, bisexual, transgender, or 9 queer; 10 (H) living with HIV; 11 (I) living with disabilities; 12 (J) from families with low-incomes; or 13 (K) living in rural areas. 14 (12) MEDICALLY ACCURATE AND COMPLETE.— 15 The term ‘‘medically accurate and complete’’ means 16 that— 17 (A) the information provided through the 18 education is verified or supported by the weight 19 of research conducted in compliance with ac- 20 cepted scientific methods and is published in 21 peer-reviewed journals, where applicable; or 22 (B) the education contains information 23 that leading professional organizations and 24 VerDate Sep 11 2014 03:55 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1689.IS S1689 pbinns on DSKJLVW7X2PROD with BILLS 12 •S 1689 IS agencies with relevant expertise in the field rec- 1 ognize as accurate, objective, and complete. 2 (13) RESILIENCE.—The term ‘‘resilience’’ 3 means the ability to adapt to trauma and tragedy. 4 (14) SECRETARY.—The term ‘‘Secretary’’ 5 means the Secretary of Health and Human Services. 6 (15) SEX EDUCATION.—The term ‘‘sex edu- 7 cation’’ means high quality teaching and learning 8 that— 9 (A) is delivered, to the maximum extent 10 practicable, following the National Sexuality 11 Education Standards of the Future of Sex Ed 12 Initiative; 13 (B) is about a broad variety of topics re- 14 lated to sex and sexuality, including— 15 (i) puberty and adolescent develop- 16 ment; 17 (ii) sexual and reproductive anatomy 18 and physiology; 19 (iii) sexual orientation, gender iden- 20 tity, and gender expression; 21 (iv) contraception, pregnancy, and re- 22 production; 23 (v) HIV and other STIs; 24 VerDate Sep 11 2014 03:55 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S1689.IS S1689 pbinns on DSKJLVW7X2PROD with BILLS 13 •S 1689 IS (vi) consent and healthy relationships; 1 and 2 (vii) interpersonal violence; 3 (C) explores values and beliefs about such 4 topics; and 5 (D) helps young people in gaining the 6 skills that are needed to navigate relationships 7 and manage one’s own sexual health. 8 (16) SEXUAL DEVELOPMENT.—The term ‘‘sex- 9 ual development’’ means the lifelong process of phys- 10 ical, behavioral, cognitive, and emotional growth and 11 change as it relates to an individual’s sexuality and 12 sexual maturation, including puberty, identity devel- 13 opment, socio-cultural influences, and sexual behav- 14 iors. 15 (17) SEXUAL HEALTH SERVICES.—The term 16 ‘‘sexual health services’’ includes— 17 (A) sexual health information, education, 18 and counseling; 19 (B) all methods of contraception approved 20 by the Food and Drug Administration; 21 (C) routine gynecological care, including 22 human papillomavirus (HPV) vaccines and can- 23 cer screenings; 24 VerDate Sep 11 2014 03:55 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S1689.IS S1689 pbinns on DSKJLVW7X2PROD with BILLS 14 •S 1689 IS (D) pre-exposure prophylaxis or post-expo- 1 sure prophylaxis; 2 (E) substance use and mental health serv- 3 ices; 4 (F) interpersonal violence survivor services; 5 and 6 (G) other prevention, care, or treatment 7 services. 8 (18) SEXUAL ORIENTATION.—The term ‘‘sexual 9 orientation’’ means an individual’s romantic, emo- 10 tional, or sexual attraction to other people. 11 (19) TRAUMA.—The term ‘‘trauma’’ means a 12 response to an event, series of events, or set of cir- 13 cumstances that is experienced or witnessed by an 14 individual or group of people as physically or emo- 15 tionally harmful or life-threatening with lasting ad- 16 verse effects on their functioning and mental, phys- 17 ical, social, emotional, or spiritual well-being. 18 (20) TRAUMA-INFORMED AND RESILIENCE-ORI- 19 ENTED.—The term ‘‘trauma-informed and resil- 20 ience-oriented’’ means an approach that realizes the 21 prevalence of trauma, recognizes the various ways 22 individuals, organizations, and communities may re- 23 spond to trauma differently, recognizes that resil- 24 VerDate Sep 11 2014 03:55 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S1689.IS S1689 pbinns on DSKJLVW7X2PROD with BILLS 15 •S 1689 IS ience can be built, and responds by putting this 1 knowledge into practice. 2 (21) YOUNG PEOPLE.—The term ‘‘young peo- 3 ple’’ means individuals who are ages 10 through 29 4 at the time of commencement of participation in a 5 project supported under this Act. 6 (22) YOUTH-FRIENDLY SEXUAL HEALTH SERV- 7 ICES.—The term ‘‘youth-friendly sexual health serv- 8 ices’’ means sexual health services that are provided 9 in a confidential, equitable, and accessible manner 10 that makes it easy and comfortable for young people 11 to seek out and receive services. 12 SEC. 4. GRANTS FOR SEX EDUCATION AT ELEMENTARY 13 AND SECONDARY SCHOOLS AND YOUTH- 14 SERVING ORGANIZATIONS. 15 (a) PROGRAM AUTHORIZED.—The Secretary, in co- 16 ordination with the Secretary of Education, shall award 17 grants, on a competitive basis, to eligible entities to enable 18 such eligible entities to carry out projects that provide 19 young people with sex education. 20 (b) DURATION.—Grants awarded under this section 21 shall be for a period of 5 years. 22 (c) ELIGIBLE ENTITY.—In this section, the term ‘‘el- 23 igible entity’’ means a public or private entity that delivers 24 health education to young people. 25 VerDate Sep 11 2014 03:55 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S1689.IS S1689 pbinns on DSKJLVW7X2PROD with BILLS 16 •S 1689 IS (d) APPLICATIONS.—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. 4 (e) PRIORITY.—In awarding grants under this sec- 5 tion, the Secretary shall give priority to eligible entities 6 that are— 7 (1) State educational agencies or local edu- 8 cational agencies; or 9 (2) Indian Tribes or Tribal organizations, as 10 defined in section 4 of the Indian Self-Determination 11 and Education Assistance Act (25 U.S.C. 5304). 12 (f) USE OF FUNDS.—Each eligible entity that re- 13 ceives a grant under this section shall use the grant funds 14 to carry out a project that provides young people with sex 15 education. 16 SEC. 5. GRANTS FOR SEX EDUCATION AT INSTITUTIONS OF 17 HIGHER EDUCATION. 18 (a) PROGRAM AUTHORIZED.—The Secretary, in co- 19 ordination with the Secretary of Education, shall award 20 grants, on a competitive basis, to institutions of higher 21 education or consortia of such institutions to enable such 22 institutions to provide students with age and develop- 23 mentally appropriate sex education. 24 VerDate Sep 11 2014 03:55 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S1689.IS S1689 pbinns on DSKJLVW7X2PROD with BILLS 17 •S 1689 IS (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 consortium 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. 7 (d) PRIORITY.—In awarding grants under this sec- 8 tion, the Secretary shall give priority to an institution of 9 higher education that— 10 (1) has an enrollment of needy students, as de- 11 fined in section 318(b) of the Higher Education Act 12 of 1965 (20 U.S.C. 1059e(b)); 13 (2) is a Hispanic-serving institution, as defined 14 in section 502(a) of such Act (20 U.S.C. 1101a(a)); 15 (3) is a Tribal College or University, as defined 16 in section 316(b) of such Act (20 U.S.C. 1059c(b)); 17 (4) is an Alaska Native-serving institution, as 18 defined in section 317(b) of such Act (20 U.S.C. 19 1059d(b)); 20 (5) is a Native Hawaiian-serving institution, as 21 defined in section 317(b) of such Act (20 U.S.C. 22 1059d(b)); 23 VerDate Sep 11 2014 03:55 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S1689.IS S1689 pbinns on DSKJLVW7X2PROD with BILLS 18 •S 1689 IS (6) is a Predominantly 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 or consortium of such institutions receiving a 16 grant under this section shall use grant funds to de- 17 velop and implement a project to integrate sex edu- 18 cation into the institution of higher education in 19 order to reach a large number of students, by car- 20 rying out 1 or more of the following activities: 21 (A) Adopting and incorporating age and 22 developmentally appropriate sex education into 23 student orientation, general education, or 24 courses. 25 VerDate Sep 11 2014 03:55 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S1689.IS S1689 pbinns on DSKJLVW7X2PROD with BILLS 19 •S 1689 IS (B) Developing or adopting and imple- 1 menting educational programming outside of 2 class that delivers age and developmentally ap- 3 propriate sex education to students. 4 (C) Developing or adopting and imple- 5 menting innovative technology-based approaches 6 to deliver age and developmentally appropriate 7 sex education to students. 8 (D) Developing or adopting and imple- 9 menting peer-led activities to generate discus- 10 sion, educate, and raise awareness among stu- 11 dents about age and developmentally appro- 12 priate sex education. 13 (E) Developing or adopting and imple- 14 menting policies and practices to link students 15 to sexual health services. 16 SEC. 6. GRANTS FOR EDUCATOR TRAINING. 17 (a) PROGRAM AUTHORIZED.—The Secretary, in co- 18 ordination with the Secretary of Education, shall award 19 grants, on a competitive basis, to eligible entities to enable 20 such eligible entities to carry out the activities described 21 in subsection (e). 22 (b) DURATION.—Grants awarded under this section 23 shall be for a period of 5 years. 24 VerDate Sep 11 2014 03:55 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S1689.IS S1689 pbinns on DSKJLVW7X2PROD with BILLS 20 •S 1689 IS (c) ELIGIBLE ENTITY.—In this section, the term ‘‘el- 1 igible entity’’ means— 2 (1) a State educational agency or local edu- 3 cational agency; 4 (2) an Indian Tribe or Tribal organization, as 5 defined in section 4 of the Indian Self-Determination 6 and Education Assistance Act (25 U.S.C. 5304); 7 (3) a State or local department of health; 8 (4) an educational service agency; 9 (5) a nonprofit institution of higher education 10 or a consortium of such institutions; or 11 (6) a national or statewide nonprofit organiza- 12 tion or consortium of nonprofit organizations that 13 has as its primary purpose the improvement of pro- 14 vision of sex education through training and effec- 15 tive teaching of sex education. 16 (d) APPLICATION.—An eligible entity desiring a 17 grant under this section shall submit an application to the 18 Secretary at such time, in such manner, and containing 19 such information as the Secretary may require. 20 (e) AUTHORIZED ACTIVITIES.— 21 (1) REQUIRED ACTIVITY.—Each eligible entity 22 receiving a grant under this section shall use grant 23 funds for professional development and training of 24 relevant teachers, health educators, faculty, adminis- 25 VerDate Sep 11 2014 03:55 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S1689.IS S1689 pbinns on DSKJLVW7X2PROD with BILLS 21 •S 1689 IS trators, and staff, in order to increase effective 1 teaching of sex education to young people. 2 (2) PERMISSIBLE ACTIVITIES.—Each eligible 3 entity receiving a grant under this section may use 4 grant funds to— 5 (A) provide training and support for edu- 6 cators about the content, skills, and profes- 7 sional disposition needed to implement sex edu- 8 cation effectively; 9 (B) develop and provide training and sup- 10 port to educators on incorporating anti-racist 11 and gender inclusive policies and practices in 12 sex education; 13 (C) support the dissemination of informa- 14 tion on effective practices and research findings 15 concerning the teaching of sex education; 16 (D) support research on— 17 (i) effective sex education teaching 18 practices; and 19 (ii) the development of assessment in- 20 struments and strategies to document— 21 (I) young people’s understanding 22 of sex education; and 23 (II) the effects of sex education; 24 VerDate Sep 11 2014 03:55 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\S1689.IS S1689 pbinns on DSKJLVW7X2PROD with BILLS 22 •S 1689 IS (E) convene conferences on sex education, 1 in order to effectively train educators in the 2 provision of sex education; and 3 (F) develop and disseminate appropriate 4 research-based materials to foster sex edu- 5 cation. 6 (3) SUBGRANTS.—Each eligible entity receiving 7 a grant under this section may award subgrants to 8 nonprofit organizations that possess a demonstrated 9 record of providing training to teachers, health edu- 10 cators, faculty, administrators, and staff on sex edu- 11 cation to— 12 (A) train educators in sex education; 13 (B) support internet or distance learning 14 related to sex education; 15 (C) promote rigorous academic standards 16 and assessment techniques to guide and meas- 17 ure student performance in sex education; 18 (D) encourage replication of best practices 19 and model programs to promote sex education; 20 (E) develop and disseminate effective, re- 21 search-based sex education learning materials; 22 or 23 VerDate Sep 11 2014 03:55 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\S1689.IS S1689 pbinns on DSKJLVW7X2PROD with BILLS 23 •S 1689 IS (F) develop academic courses on the peda- 1 gogy of sex education at institutions of higher 2 education. 3 SEC. 7. AUTHORIZATION OF GRANTS TO SUPPORT THE DE- 4 LIVERY OF SEXUAL HEALTH SERVICES TO 5 MARGINALIZED YOUNG PEOPLE. 6 (a) PROGRAM AUTHORIZED.—The Secretary shall 7 award grants, on a competitive basis, to eligible entities 8 to enable such entities to provide youth-friendly sexual 9 health services to marginalized young people. 10 (b) DURATION.—Grants awarded under this section 11 shall be for a period of 5 years. 12 (c) ELIGIBLE ENTITY.—In this section, the term ‘‘el- 13 igible entity’’ means— 14 (1) a public or private youth-serving organiza- 15 tion; or 16 (2) a covered entity, as defined in section 340B 17 of the Public Health Service Act (42 U.S.C. 256b). 18 (d) APPLICATIONS.—An eligible entity desiring a 19 grant under this section shall submit an application to the 20 Secretary at such time, in such manner, and containing 21 such information as the Secretary may require. 22 (e) USE OF FUNDS.— 23 VerDate Sep 11 2014 03:55 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S1689.IS S1689 pbinns on DSKJLVW7X2PROD with BILLS 24 •S 1689 IS (1) IN GENERAL.—Each eligible entity that re- 1 ceives a grant under this section may use the grant 2 funds to— 3 (A) develop and implement an evidence-in- 4 formed project to deliver sexual health services 5 to marginalized young people; 6 (B) establish, alter, or modify staff posi- 7 tions, service delivery policies and practices, 8 service delivery locations, service delivery envi- 9 ronments, service delivery schedules, or other 10 services components in order to increase youth- 11 friendly sexual health services to marginalized 12 young people; 13 (C) conduct outreach to marginalized 14 young people to invite them to participate in 15 the eligible entity’s sexual health services and to 16 provide feedback to inform improvements in the 17 delivery of such services; 18 (D) establish and refine systems of referral 19 to connect marginalized young people to other 20 sexual health services and supportive services; 21 (E) establish partnerships and collabora- 22 tions with entities providing services to 23 marginalized young people to link such young 24 people to sexual health services, such as by de- 25 VerDate Sep 11 2014 03:55 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S1689.IS S1689 pbinns on DSKJLVW7X2PROD with BILLS 25 •S 1689 IS livering health services at locations where they 1 congregate, providing transportation to loca- 2 tions where sexual health services are provided, 3 or other linkages to services approaches; 4 (F) provide evidence-informed, comprehen- 5 sive in scope, confidential, equitable, accessible, 6 medically accurate and complete, age and devel- 7 opmentally appropriate, culturally responsive, 8 and trauma-informed and resilience-oriented 9 sexual health information to marginalized 10 young people in the languages and cultural con- 11 texts that are most appropriate for the 12 marginalized young people to be served by the 13 eligible entity; 14 (G) promote effective communication re- 15 garding sexual health among marginalized 16 young people; and 17 (H) provide training and support for eligi- 18 ble entity personnel and community members 19 who work with marginalized young people about 20 the content, skills, and professional disposition 21 needed to provide youth-friendly sex education 22 and youth-friendly sexual health services. 23 VerDate Sep 11 2014 03:55 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S1689.IS S1689 pbinns on DSKJLVW7X2PROD with BILLS 26 •S 1689 IS SEC. 8. REPORTING AND IMPACT EVALUATION. 1 (a) GRANTEE REPORT TO SECRETARY.—For each 2 year an eligible entity receives grant funds under section 3 4, 5, 6, or 7, the eligible entity shall submit to the Sec- 4 retary a report that includes— 5 (1) the use of grant funds by the eligible entity; 6 (2) how the use of grant funds has increased 7 the access of young people to sex education or sexual 8 health services; and 9 (3) such other information as the Secretary 10 may require. 11 (b) SECRETARY’S REPORT TO CONGRESS.—Not later 12 than 1 year after the date of the enactment of this Act, 13 and annually thereafter for a period of 5 years, the Sec- 14 retary shall prepare and submit to Congress a report on 15 the activities funded under this Act. The Secretary’s re- 16 port to Congress shall include— 17 (1) a statement of how grants awarded by the 18 Secretary meet the purposes described in section 19 2(a); and 20 (2) information about— 21 (A) the number of eligible entities that are 22 receiving grant funds under sections 4, 5, 6, 23 and 7; 24 VerDate Sep 11 2014 03:55 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S1689.IS S1689 pbinns on DSKJLVW7X2PROD with BILLS 27 •S 1689 IS (B) the specific activities supported by 1 grant funds awarded under sections 4, 5, 6, and 2 7; 3 (C) the number of young people served by 4 projects funded under sections 4, 5, and 7, in 5 the aggregate and disaggregated and cross-tab- 6 ulated by grant program, race and ethnicity, 7 sex, sexual orientation, gender identity, and 8 other characteristics determined by the Sec- 9 retary (except that such disaggregation or 10 cross-tabulation shall not be required in a case 11 in which the results would reveal personally 12 identifiable information about an individual 13 young person); 14 (D) the number of teachers, health edu- 15 cators, faculty, school administrators, and staff 16 trained under section 6; and 17 (E) the status of the evaluation required 18 under subsection (c). 19 (c) MULTI-YEAR EVALUATION.— 20 (1) IN GENERAL.—Not later than 6 months 21 after the date of the enactment of this Act, the Sec- 22 retary shall enter into a contract with a nonprofit 23 organization with experience in conducting impact 24 evaluations to conduct a multi-year evaluation on the 25 VerDate Sep 11 2014 03:55 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S1689.IS S1689 pbinns on DSKJLVW7X2PROD with BILLS 28 •S 1689 IS impact of the projects funded under sections 4, 5, 6, 1 and 7 and to report to Congress and the Secretary 2 on the findings of such evaluation. 3 (2) EVALUATION.—The evaluation conducted 4 under this subsection shall— 5 (A) be conducted in a manner consistent 6 with relevant, nationally recognized professional 7 and technical evaluation standards; 8 (B) use sound statistical methods and 9 techniques relating to the behavioral sciences, 10 including quasi-experimental designs, inferential 11 statistics, and other methodologies and tech- 12 niques that allow for conclusions to be reached; 13 (C) be carried out by an independent orga- 14 nization that has not received a grant under 15 section 4, 5, 6, or 7; and 16 (D) be designed to provide information on 17 output measures and outcome measures to be 18 determined by the Secretary. 19 (3) REPORT.—Not later than 6 years after the 20 date of enactment of this Act, the organization con- 21 ducting the evaluation under this subsection shall 22 prepare and submit to the appropriate committees of 23 Congress and the Secretary an evaluation report. 24 Such report shall be made publicly available, includ- 25 VerDate Sep 11 2014 03:55 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S1689.IS S1689 pbinns on DSKJLVW7X2PROD with BILLS 29 •S 1689 IS ing on the website of the Department of Health and 1 Human Services. 2 SEC. 9. NONDISCRIMINATION. 3 Activities funded under this Act shall not discrimi- 4 nate on the basis of actual or perceived sex (including sex- 5 ual orientation and gender identity), age, parental status, 6 race, color, ethnicity, national origin, disability, or reli- 7 gion. Nothing in this Act shall be construed to invalidate 8 or limit rights, remedies, procedures, or legal standards 9 available under any other Federal law or any law of a 10 State or a political subdivision of a State, including the 11 Civil Rights Act of 1964 (42 U.S.C. 2000a et seq.), title 12 IX of the Education Amendments of 1972 (20 U.S.C. 13 1681 et seq.), section 504 of the Rehabilitation Act of 14 1973 (29 U.S.C. 794), the Americans with Disabilities Act 15 of 1990 (42 U.S.C. 12101 et seq.), and section 1557 of 16 the Patient Protection and Affordable Care Act (42 17 U.S.C. 18116). 18 SEC. 10. LIMITATION. 19 No Federal funds provided under this Act may be 20 used for sex education or sexual health services that— 21 (1) withhold health-promoting or life-saving in- 22 formation about sexuality-related topics, including 23 HIV; 24 (2) are medically inaccurate or incomplete; 25 VerDate Sep 11 2014 03:55 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S1689.IS S1689 pbinns on DSKJLVW7X2PROD with BILLS 30 •S 1689 IS (3) promote gender or racial stereotypes or are 1 unresponsive to gender or racial inequities; 2 (4) fail to address the needs of sexually active 3 young people; 4 (5) fail to address the needs of pregnant or par- 5 enting young people; 6 (6) fail to address the needs of survivors of 7 interpersonal violence; 8 (7) fail to address the needs of young people of 9 all physical, developmental, or mental abilities; 10 (8) fail to be inclusive of individuals with vary- 11 ing gender identities, gender expressions, and sexual 12 orientations; or 13 (9) are inconsistent with the ethical imperatives 14 of medicine and public health. 15 SEC. 11. AMENDMENTS TO OTHER LAWS. 16 (a) AMENDMENT TO THE PUBLIC HEALTH SERVICE 17 ACT.—Section 2500 of the Public Health Service Act (42 18 U.S.C. 300ee) is amended by striking subsections (b) 19 through (d) and inserting the following: 20 ‘‘(b) CONTENTS OF PROGRAMS.—All programs of 21 education and information receiving funds under this sub- 22 chapter shall include information about the potential ef- 23 fects of intravenous substance use.’’. 24 VerDate Sep 11 2014 03:55 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\S1689.IS S1689 pbinns on DSKJLVW7X2PROD with BILLS 31 •S 1689 IS (b) AMENDMENTS TO THE ELEMENTARY AND SEC- 1 ONDARY EDUCATION ACT OF 1965.—Section 8526 of the 2 Elementary and Secondary Education Act of 1965 (20 3 U.S.C. 7906) is amended— 4 (1) by striking paragraphs (3), (5), and (6); 5 (2) in paragraph (2), by inserting ‘‘or’’ after 6 the semicolon; 7 (3) by redesignating paragraph (4) as para- 8 graph (3); and 9 (4) in paragraph (3), as redesignated by para- 10 graph (3), by striking the semicolon and inserting a 11 period. 12 SEC. 12. FUNDING. 13 (a) AUTHORIZATION.—For the purpose of carrying 14 out this Act, there is authorized to be appropriated 15 $100,000,000 for each of fiscal years 2022 through 2027. 16 Amounts appropriated under this subsection shall remain 17 available until expended. 18 (b) RESERVATIONS OF FUNDS.— 19 (1) IN GENERAL.—The Secretary— 20 (A) shall reserve not more than 30 percent 21 of the amount authorized under subsection (a) 22 for the purposes of awarding grants for sex 23 education at elementary and secondary schools 24 VerDate Sep 11 2014 03:55 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S1689.IS S1689 pbinns on DSKJLVW7X2PROD with BILLS 32 •S 1689 IS and youth-serving organizations under section 1 4; 2 (B) shall reserve not more than 10 percent 3 of the amount authorized under subsection (a) 4 for the purpose of awarding grants for sex edu- 5 cation at institutions of higher education under 6 section 5; 7 (C) shall reserve not more than 15 percent 8 of the amount authorized under subsection (a) 9 for the purpose of awarding grants for educator 10 training under section 6; 11 (D) shall reserve not more than 30 percent 12 of the amount authorized under subsection (a) 13 for the purpose of awarding grants for sexual 14 health services for marginalized youth under 15 section 7; and 16 (E) shall reserve not less than 5 percent of 17 the amount authorized under subsection (a) for 18 the purpose of carrying out the reporting and 19 impact evaluation required under section 8. 20 (2) RESEARCH, TRAINING AND TECHNICAL AS- 21 SISTANCE.—The Secretary shall reserve not less 22 than 10 percent of the amount authorized under 23 subsection (a) for expenditures by the Secretary to 24 provide, directly or through a competitive grant 25 VerDate Sep 11 2014 03:55 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\S1689.IS S1689 pbinns on DSKJLVW7X2PROD with BILLS 33 •S 1689 IS process, research, training, and technical assistance, 1 including dissemination of research and information 2 regarding effective and promising practices, pro- 3 viding consultation and resources, and developing re- 4 sources and materials to support the activities of re- 5 cipients of grants. In carrying out such functions, 6 the Secretary shall collaborate with a variety of enti- 7 ties that have expertise in sex education and sexual 8 health services standards setting, design, develop- 9 ment, delivery, research, monitoring, and evaluation. 10 (c) REPROGRAMMING OF ABSTINENCE ONLY UNTIL 11 MARRIAGE PROGRAM FUNDING.—The unobligated bal- 12 ance of funds made available to carry out section 510 of 13 the Social Security Act (42 U.S.C. 710) (as in effect on 14 the day before the date of enactment of this Act) are here- 15 by transferred and shall be used by the Secretary to carry 16 out this Act. The amounts transferred and made available 17 to carry out this Act shall remain available until expended. 18 (d) REPEAL OF ABSTINENCE ONLY UNTIL MAR- 19 RIAGE PROGRAM.—Section 510 of the Social Security Act 20 (42 U.S.C. 710 et seq.) is repealed. 21 Æ VerDate Sep 11 2014 03:55 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6301 E:\BILLS\S1689.IS S1689 pbinns on DSKJLVW7X2PROD with BILLS