Text of US SB 372 (2013)

II 113TH CONGRESS 1ST SESSION S. 372 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 SENATE OF THE UNITED STATES FEBRUARY 14, 2013 Mr. LAUTENBERG (for himself, Mr. MENENDEZ, Ms. HIRONO, Mr. FRANKEN, and Mr. BLUMENTHAL) 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 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 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Real Education for 4 Healthy Youth Act of 2013’’. 5 SEC. 2. PURPOSES; SENSE OF CONGRESS. 6 (a) PURPOSES.—The purposes of this Act are— 7 VerDate Mar 15 2010 03:55 Feb 28, 2013 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S372.IS S372 pwalker on DSK7TPTVN1PROD with BILLS 2 •S 372 IS (1) to provide young people with comprehensive 1 sex education that— 2 (A) provides the information and skills 3 young people need to make informed, respon- 4 sible, and healthy decisions in order to become 5 sexually healthy adults and have healthy rela- 6 tionships; 7 (B) provides information about the preven- 8 tion of unintended pregnancy, sexually trans- 9 mitted infections, including HIV, sexual assault, 10 dating violence, bullying, and harassment; and 11 (C) promotes and upholds the rights of 12 young people to information in order to make 13 healthy and responsible decisions about their 14 sexual health; and 15 (2) in order to provide the comprehensive sex 16 education described in paragraph (1), to provide in- 17 creased resources for sex education programs that— 18 (A) are evidence-based, having been proven 19 through rigorous evaluation to change sexual 20 behavior or incorporate characteristics of effec- 21 tive programs; 22 (B) cover a broad range of topics, includ- 23 ing medically accurate, complete, age and devel- 24 opmentally appropriate information about all 25 VerDate Mar 15 2010 03:55 Feb 28, 2013 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S372.IS S372 pwalker on DSK7TPTVN1PROD with BILLS 3 •S 372 IS the aspects of sex needed for a complete sex 1 education program, including— 2 (i) anatomy and physiology; 3 (ii) growth and development; 4 (iii) healthy relationships; 5 (iv) the prevention of unintended 6 pregnancy and sexually transmitted infec- 7 tions, including HIV, through abstinence 8 and contraception; 9 (v) gender, gender identity, and sexual 10 orientation; and 11 (vi) protection from dating violence, 12 sexual assault, bullying, and harassment; 13 (C) are gender- and gender identity-sen- 14 sitive, emphasizing the importance of equality 15 and the social environment for achieving sexual 16 and reproductive health and overall well-being; 17 (D) promote educational achievement, crit- 18 ical thinking, decisionmaking, self-esteem, and 19 self-efficacy; 20 (E) help develop healthy attitudes and in- 21 sights necessary for understanding relationships 22 between oneself and others and society; 23 (F) foster leadership skills and community 24 engagement by— 25 VerDate Mar 15 2010 03:55 Feb 28, 2013 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S372.IS S372 pwalker on DSK7TPTVN1PROD with BILLS 4 •S 372 IS (i) promoting principles of fairness, 1 human dignity, and respect; and 2 (ii) engaging young people as partners 3 in their communities; and 4 (G) are culturally and linguistically appro- 5 priate, reflecting the diverse circumstances and 6 realities of young people. 7 (b) SENSE OF CONGRESS.—It is the sense of Con- 8 gress that— 9 (1) federally funded sex education programs 10 should aim to— 11 (A) reduce unintended pregnancy and sex- 12 ually transmitted infections, including HIV; 13 (B) promote safe and healthy relation- 14 ships; 15 (C) use, and be informed by, the best sci- 16 entific information available; 17 (D) be built on characteristics of effective 18 programs; 19 (E) expand the existing body of evidence 20 on comprehensive sex education programs 21 through program evaluation; 22 (F) expand training programs for teachers 23 of comprehensive sex education; 24 VerDate Mar 15 2010 03:55 Feb 28, 2013 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S372.IS S372 pwalker on DSK7TPTVN1PROD with BILLS 5 •S 372 IS (G) build on the personal responsibility 1 education programs funded under section 513 2 of the Social Security Act (42 U.S.C. 713) and 3 the President’s Teen Pregnancy Prevention pro- 4 gram, funded under title II of the Consolidated 5 Appropriations Act, 2010 (Public Law 111– 6 117; 123 Stat. 3253); and 7 (H) promote and uphold the rights of 8 young people to information in order to make 9 healthy and responsible decisions about their 10 sexual health; and 11 (2) no Federal funds should be used for health 12 education programs that— 13 (A) deliberately withhold life-saving infor- 14 mation about HIV; 15 (B) are medically inaccurate or have been 16 scientifically shown to be ineffective; 17 (C) promote gender stereotypes; 18 (D) are insensitive and unresponsive to the 19 needs of sexually active adolescents; 20 (E) are insensitive and unresponsive to the 21 needs of lesbian, gay, bisexual, or transgender 22 youth; or 23 (F) are inconsistent with the ethical im- 24 peratives of medicine and public health. 25 VerDate Mar 15 2010 03:55 Feb 28, 2013 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S372.IS S372 pwalker on DSK7TPTVN1PROD with BILLS 6 •S 372 IS SEC. 3. GRANTS FOR COMPREHENSIVE SEX EDUCATION 1 FOR ADOLESCENTS. 2 (a) PROGRAM AUTHORIZED.—The Secretary, in co- 3 ordination with the Director of the Office of Adolescent 4 Health, shall award grants, on a competitive basis, to eligi- 5 ble entities to enable such eligible entities to carry out pro- 6 grams that provide adolescents with comprehensive sex 7 education, as described in subsection (f). 8 (b) DURATION.—Grants awarded under this section 9 shall be for a period of 5 years. 10 (c) ELIGIBLE ENTITY.—In this section, the term ‘‘el- 11 igible entity’’ means a public or private entity that focuses 12 on adolescent health or education or has experience work- 13 ing with adolescents, which may include— 14 (1) a State educational agency; 15 (2) a local educational agency; 16 (3) a tribe or tribal organization, as defined in 17 section 4 of the Indian Self-Determination and Edu- 18 cation Assistance Act (25 U.S.C. 450b); 19 (4) a State or local department of health; 20 (5) a State or local department of education; 21 (6) a nonprofit organization; 22 (7) a nonprofit or public institution of higher 23 education; or 24 (8) a hospital. 25 VerDate Mar 15 2010 03:55 Feb 28, 2013 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S372.IS S372 pwalker on DSK7TPTVN1PROD with BILLS 7 •S 372 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, including 4 the evaluation plan described in subsection (g)(1). 5 (e) PRIORITY.—In awarding grants under this sec- 6 tion, the Secretary shall give priority to eligible entities 7 that— 8 (1) are State or local public entities, with an 9 additional priority for State or local educational 10 agencies; and 11 (2) address health disparities among young peo- 12 ple that are at highest risk for not less than 1 of 13 the following: 14 (A) Unintended pregnancies. 15 (B) Sexually transmitted infections, includ- 16 ing HIV. 17 (C) Dating violence and sexual assault. 18 (f) USE OF FUNDS.— 19 (1) IN GENERAL.—Each eligible entity that re- 20 ceives a grant under this section shall use grant 21 funds to carry out a program that provides adoles- 22 cents with comprehensive sex education that— 23 (A) replicates evidence-based sex education 24 programs; 25 VerDate Mar 15 2010 03:55 Feb 28, 2013 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S372.IS S372 pwalker on DSK7TPTVN1PROD with BILLS 8 •S 372 IS (B) substantially incorporates elements of 1 evidence-based sex education programs; or 2 (C) creates a demonstration project based 3 on generally accepted characteristics of effective 4 sex education programs. 5 (2) CONTENTS OF SEX EDUCATION PRO- 6 GRAMS.—The sex education programs funded under 7 this section shall include curricula and program ma- 8 terials that address— 9 (A) abstinence and delaying sexual initi- 10 ation; 11 (B) the health benefits and side effects of 12 all contraceptive and barrier methods as a 13 means to prevent pregnancy and sexually trans- 14 mitted infections, including HIV; 15 (C) healthy relationships, including the de- 16 velopment of healthy attitudes and skills nec- 17 essary for understanding— 18 (i) healthy relationships between one- 19 self and family, others, and society; and 20 (ii) the prevention of sexual abuse, 21 teen dating violence, bullying, harassment, 22 and suicide; 23 (D) healthy life skills including goal-set- 24 ting, decisionmaking, interpersonal skills (such 25 VerDate Mar 15 2010 03:55 Feb 28, 2013 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S372.IS S372 pwalker on DSK7TPTVN1PROD with BILLS 9 •S 372 IS as communication, assertiveness, and peer re- 1 fusal skills), critical thinking, self-esteem and 2 self-efficacy, and stress management; 3 (E) how to make responsible decisions 4 about sex and sexuality, including— 5 (i) how to avoid, and how to avoid 6 making, unwanted verbal, physical, and 7 sexual advances; and 8 (ii) how alcohol and drug use can af- 9 fect responsible decisionmaking; 10 (F) the development of healthy attitudes 11 and values about such topics as adolescent 12 growth and development, body image, gender 13 roles and gender identity, racial and ethnic di- 14 versity, and sexual orientation; and 15 (G) referral services for local health clinics 16 and services where adolescents can obtain addi- 17 tional information and services related to sexual 18 and reproductive health, dating violence and 19 sexual assault, and suicide prevention. 20 (g) EVALUATION; REPORT.— 21 (1) INDEPENDENT EVALUATION.—Each eligible 22 entity applying for a grant under this section shall 23 develop and submit to the Secretary a plan for a rig- 24 orous independent evaluation of such grant program. 25 VerDate Mar 15 2010 03:55 Feb 28, 2013 Jkt 029200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S372.IS S372 pwalker on DSK7TPTVN1PROD with BILLS 10 •S 372 IS The plan shall describe an independent evaluation 1 that— 2 (A) uses sound statistical methods and 3 techniques relating to the behavioral sciences, 4 including random assignment methodologies, 5 whenever possible; 6 (B) uses quantitative data for assessments 7 and impact evaluations, whenever possible; and 8 (C) is carried out by an entity independent 9 from such eligible entity. 10 (2) SELECTION OF EVALUATED PROGRAMS; 11 BUDGET.— 12 (A) SELECTION OF EVALUATED PRO- 13 GRAMS.—The Secretary shall select, at random, 14 a subset of the eligible entities that the Sec- 15 retary has selected to receive a grant under this 16 section to receive additional funding to carry 17 out the evaluation plan described in paragraph 18 (1). 19 (B) BUDGET FOR EVALUATION ACTIVI- 20 TIES.—The Secretary, in coordination with the 21 Director of the Office of Adolescent Health, 22 shall establish a budget for each eligible entity 23 selected under subparagraph (A) for the costs 24 VerDate Mar 15 2010 03:55 Feb 28, 2013 Jkt 029200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S372.IS S372 pwalker on DSK7TPTVN1PROD with BILLS 11 •S 372 IS of carrying out the evaluation plan described in 1 paragraph (1). 2 (3) FUNDS FOR EVALUATION.—The Secretary 3 shall provide eligible entities who are selected under 4 paragraph (2)(A) with additional funds, in accord- 5 ance with the budget described in paragraph (2)(B), 6 to carry out and report to the Secretary on the eval- 7 uation plan described in paragraph (1). 8 (4) PERFORMANCE MEASURES.—The Secretary, 9 in coordination with the Director of the Centers for 10 Disease Control and Prevention, shall establish a 11 common set of performance measures to assess the 12 implementation and impact of grant programs fund- 13 ed under this section. Such performance measures 14 shall include— 15 (A) output measures, such as the number 16 of individuals served and the number of hours 17 of service delivery; 18 (B) outcome measures, including measures 19 relating to— 20 (i) the knowledge that youth partici- 21 pating in the grant program have gained 22 about— 23 (I) adolescent growth and devel- 24 opment; 25 VerDate Mar 15 2010 03:55 Feb 28, 2013 Jkt 029200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S372.IS S372 pwalker on DSK7TPTVN1PROD with BILLS 12 •S 372 IS (II) relationship dynamics; 1 (III) ways to prevent unintended 2 pregnancy and sexually transmitted 3 infections, including HIV; and 4 (IV) sexual health; 5 (ii) the skills that adolescents partici- 6 pating in the grant program have gained 7 regarding— 8 (I) negotiation and communica- 9 tion; 10 (II) decisionmaking and goal-set- 11 ting; 12 (III) interpersonal skills and 13 healthy relationships; and 14 (IV) condom use; and 15 (iii) the behaviors of adolescents par- 16 ticipating in the grant program, including 17 data about— 18 (I) age of first intercourse; 19 (II) number of sexual partners; 20 (III) condom and contraceptive 21 use at first intercourse; 22 (IV) recent condom and contra- 23 ceptive use; and 24 VerDate Mar 15 2010 03:55 Feb 28, 2013 Jkt 029200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S372.IS S372 pwalker on DSK7TPTVN1PROD with BILLS 13 •S 372 IS (V) dating abuse and lifetime his- 1 tory of domestic violence, sexual as- 2 sault, dating violence, bullying, har- 3 assment, and stalking. 4 (5) REPORT TO THE SECRETARY.—Eligible en- 5 tities receiving a grant under this section who have 6 been selected to receive funds to carry out the eval- 7 uation plan described in paragraph (1), in accord- 8 ance with paragraph (2)(A), shall collect and report 9 to the Secretary— 10 (A) the results of the independent evalua- 11 tion described in paragraph (1); and 12 (B) information about the performance 13 measures described in paragraph (2). 14 (6) EFFECTIVE PROGRAMS.—The Secretary, in 15 coordination with the Director of the Centers for 16 Disease Control and Prevention, shall publish on the 17 website of the Centers for Disease Control and Pre- 18 vention, a list of programs funded under this section 19 that the Secretary has determined to be effective 20 programs. 21 SEC. 4. GRANTS FOR COMPREHENSIVE SEX EDUCATION AT 22 INSTITUTIONS OF HIGHER EDUCATION. 23 (a) PROGRAM AUTHORIZED.—The Secretary, in co- 24 ordination with the Office of Adolescent Health and the 25 VerDate Mar 15 2010 03:55 Feb 28, 2013 Jkt 029200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S372.IS S372 pwalker on DSK7TPTVN1PROD with BILLS 14 •S 372 IS Secretary of Education, shall award grants, on a competi- 1 tive basis, to institutions of higher education to enable 2 such institutions to provide young people with comprehen- 3 sive sex education, described in subsection (e)(2), with an 4 emphasis on reducing HIV, other sexually transmitted in- 5 fections, and unintended pregnancy through instruction 6 about— 7 (1) abstinence and contraception; 8 (2) reducing dating violence, sexual assault, 9 bullying, and harassment; 10 (3) increasing healthy relationships; and 11 (4) academic achievement. 12 (b) DURATION.—Grants awarded under this section 13 shall be for a period of 5 years. 14 (c) APPLICATIONS.—An institution of higher edu- 15 cation desiring a grant under this section shall submit an 16 application to the Secretary at such time, in such manner, 17 and containing such information as the Secretary may re- 18 quire. 19 (d) PRIORITY.—In awarding grants under this sec- 20 tion, the Secretary shall give priority to an institution of 21 higher education that— 22 (1) has an enrollment of needy students as de- 23 fined in section 318(b) of the Higher Education Act 24 of 1965 (20 U.S.C. 1059e(b)); 25 VerDate Mar 15 2010 03:55 Feb 28, 2013 Jkt 029200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S372.IS S372 pwalker on DSK7TPTVN1PROD with BILLS 15 •S 372 IS (2) is a Hispanic-serving institution, as defined 1 in section 502(a) of such Act (20 U.S.C. 1101a(a)); 2 (3) is a Tribal College or University, as defined 3 in section 316(b) of such Act (20 U.S.C. 1059c(b)); 4 (4) is an Alaska Native-serving institution, as 5 defined in section 317(b) of such Act (20 U.S.C. 6 1059d(b)); 7 (5) is a Native Hawaiian-serving institution, as 8 defined in section 317(b) of such Act (20 U.S.C. 9 1059d(b)); 10 (6) is a Predominately Black Institution, as de- 11 fined in section 318(b) of such Act (20 U.S.C. 12 1059e(b)); 13 (7) is a Native American-serving, nontribal in- 14 stitution, as defined in section 319(b) of such Act 15 (20 U.S.C. 1059f(b)); 16 (8) is an Asian American and Native American 17 Pacific Islander-serving institution, as defined in 18 section 320(b) of such Act (20 U.S.C. 1059g(b)); or 19 (9) is a minority institution, as defined in sec- 20 tion 365 of such Act (20 U.S.C. 1067k), with an en- 21 rollment of needy students, as defined in section 312 22 of such Act (20 U.S.C. 1058). 23 (e) USES OF FUNDS.— 24 VerDate Mar 15 2010 03:55 Feb 28, 2013 Jkt 029200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S372.IS S372 pwalker on DSK7TPTVN1PROD with BILLS 16 •S 372 IS (1) IN GENERAL.—An institution of higher edu- 1 cation receiving a grant under this section may use 2 grant funds to integrate issues relating to com- 3 prehensive sex education into the academic or sup- 4 port sectors of the institution of higher education in 5 order to reach a large number of students, by car- 6 rying out 1 or more of the following activities: 7 (A) Developing educational content for 8 issues relating to comprehensive sex education 9 that will be incorporated into first-year orienta- 10 tion or core courses. 11 (B) Developing and employing schoolwide 12 educational programming outside of class that 13 delivers elements of comprehensive sex edu- 14 cation programs to students, faculty, and staff. 15 (C) Creating innovative technology-based 16 approaches to deliver sex education to students, 17 faculty, and staff. 18 (D) Developing and employing peer-out- 19 reach and education programs to generate dis- 20 cussion, educate, and raise awareness among 21 students about issues relating to comprehensive 22 sex education. 23 (2) CONTENTS OF SEX EDUCATION PRO- 24 GRAMS.—Each institution of higher education’s pro- 25 VerDate Mar 15 2010 03:55 Feb 28, 2013 Jkt 029200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S372.IS S372 pwalker on DSK7TPTVN1PROD with BILLS 17 •S 372 IS gram of comprehensive sex education funded under 1 this section shall include curricula and program ma- 2 terials that address information about— 3 (A) safe and responsible sexual behavior 4 with respect to the prevention of pregnancy and 5 sexually transmitted infections, including HIV, 6 including through— 7 (i) abstinence; 8 (ii) a reduced number of sexual part- 9 ners; and 10 (iii) the use of condoms and contra- 11 ception; 12 (B) healthy relationships, including the de- 13 velopment of healthy attitudes and insights nec- 14 essary for understanding— 15 (i) relationships between oneself, fam- 16 ily, partners, others, and society; and 17 (ii) the prevention of sexual abuse, 18 dating violence, bullying, harassment, and 19 suicide; and 20 (C) referral services to local health clinics 21 where young people can obtain additional infor- 22 mation and services related to sexual and repro- 23 ductive health, dating violence and sexual as- 24 sault, and suicide prevention. 25 VerDate Mar 15 2010 03:55 Feb 28, 2013 Jkt 029200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S372.IS S372 pwalker on DSK7TPTVN1PROD with BILLS 18 •S 372 IS (3) OPTIONAL COMPONENTS OF SEX EDU- 1 CATION.—Each institution of higher education’s pro- 2 gram of comprehensive sex education may also in- 3 clude information and skills development relating 4 to— 5 (A) how to make responsible decisions 6 about sex and sexuality, including— 7 (i) how to avoid, and avoid making, 8 unwanted verbal, physical, and sexual ad- 9 vances; and 10 (ii) how alcohol and drug use can af- 11 fect responsible decisionmaking; 12 (B) healthy life skills, including— 13 (i) goal-setting and decisionmaking; 14 (ii) interpersonal skills, such as com- 15 munication, assertiveness, and peer refusal 16 skills; 17 (iii) critical thinking; 18 (iv) self-esteem and self-efficacy; and 19 (v) stress management; 20 (C) the development of healthy attitudes 21 and values about such topics as body image, 22 gender roles and gender identity, racial and eth- 23 nic diversity, and sexual orientation; and 24 VerDate Mar 15 2010 03:55 Feb 28, 2013 Jkt 029200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S372.IS S372 pwalker on DSK7TPTVN1PROD with BILLS 19 •S 372 IS (D) the responsibilities of parenting and 1 the skills necessary to parent well. 2 (f) EVALUATION; REPORT.—The requirements de- 3 scribed in section 3(g) shall also apply to eligible entities 4 receiving a grant under this section in the same manner 5 as such requirements apply to eligible entities receiving 6 grants under section 3. 7 SEC. 5. GRANTS FOR PRE-SERVICE AND IN-SERVICE TEACH- 8 ER TRAINING. 9 (a) PROGRAM AUTHORIZED.—The Secretary, in co- 10 ordination with the Director of the Centers for Disease 11 Control and Prevention and the Secretary of Education, 12 shall award grants, on a competitive basis, to eligible enti- 13 ties to enable such eligible entities to carry out the activi- 14 ties described in subsection (e). 15 (b) DURATION.—Grants awarded under this section 16 shall be for a period of 5 years. 17 (c) ELIGIBLE ENTITY.—In this section, the term ‘‘el- 18 igible entity’’ means— 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 03:55 Feb 28, 2013 Jkt 029200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S372.IS S372 pwalker on DSK7TPTVN1PROD with BILLS 20 •S 372 IS (5) a State or local department of education; 1 (6) a nonprofit institution of higher education; 2 (7) a national or statewide nonprofit organiza- 3 tion that has as its primary purpose the improve- 4 ment of provision of comprehensive sex education 5 through effective teaching of comprehensive sex edu- 6 cation; or 7 (8) a consortium of nonprofit organizations that 8 has as its primary purpose the improvement of pro- 9 vision of comprehensive sex education through effec- 10 tive teaching of comprehensive sex education. 11 (d) APPLICATION.—An eligible entity desiring a 12 grant under this section shall submit an application to the 13 Secretary at such time, in such manner, and containing 14 such information as the Secretary may require. 15 (e) AUTHORIZED ACTIVITIES.— 16 (1) REQUIRED ACTIVITY.—Each eligible entity 17 receiving a grant under this section shall use grant 18 funds to train targeted faculty and staff, in order to 19 increase effective teaching of comprehensive sex edu- 20 cation for elementary school and secondary school 21 students. 22 (2) PERMISSIBLE ACTIVITIES.—Each eligible 23 entity receiving a grant under this section may use 24 grant funds to— 25 VerDate Mar 15 2010 03:55 Feb 28, 2013 Jkt 029200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S372.IS S372 pwalker on DSK7TPTVN1PROD with BILLS 21 •S 372 IS (A) strengthen and expand the eligible en- 1 tity’s relationships with— 2 (i) institutions of higher education; 3 (ii) State educational agencies; 4 (iii) local educational agencies; or 5 (iv) other public and private organiza- 6 tions with a commitment to comprehensive 7 sex education and the benefits of com- 8 prehensive sex education; 9 (B) support and promote research-based 10 training of teachers of comprehensive sex edu- 11 cation and related disciplines in elementary 12 schools and secondary schools as a means of 13 broadening student knowledge about issues re- 14 lated to human development, relationships, per- 15 sonal skills, sexual behavior, sexual health, and 16 society and culture; 17 (C) support the dissemination of informa- 18 tion on effective practices and research findings 19 concerning the teaching of comprehensive sex 20 education; 21 (D) support research on— 22 (i) effective comprehensive sex edu- 23 cation teaching practices; and 24 VerDate Mar 15 2010 03:55 Feb 28, 2013 Jkt 029200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\S372.IS S372 pwalker on DSK7TPTVN1PROD with BILLS 22 •S 372 IS (ii) the development of assessment in- 1 struments and strategies to document— 2 (I) student understanding of 3 comprehensive sex education; and 4 (II) the effects of comprehensive 5 sex education; 6 (E) convene national conferences on com- 7 prehensive sex education, in order to effectively 8 train teachers in the provision of comprehensive 9 sex education; and 10 (F) develop and disseminate appropriate 11 research-based materials to foster comprehen- 12 sive sex education. 13 (3) SUBGRANTS.—Each eligible entity receiving 14 a grant under this section may award subgrants to 15 nonprofit organizations, State educational agencies, 16 or local educational agencies to enable such organi- 17 zations or agencies to— 18 (A) train teachers in comprehensive sex 19 education; 20 (B) support Internet or distance learning 21 related to comprehensive sex education; 22 (C) promote rigorous academic standards 23 and assessment techniques to guide and meas- 24 VerDate Mar 15 2010 03:55 Feb 28, 2013 Jkt 029200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\S372.IS S372 pwalker on DSK7TPTVN1PROD with BILLS 23 •S 372 IS ure student performance in comprehensive sex 1 education; 2 (D) encourage replication of best practices 3 and model programs to promote comprehensive 4 sex education; 5 (E) develop and disseminate effective, re- 6 search-based comprehensive sex education 7 learning materials; 8 (F) develop academic courses on the peda- 9 gogy of sex education at institutions of higher 10 education; or 11 (G) convene State-based conferences to 12 train teachers in comprehensive sex education 13 and to identify strategies for improvement. 14 SEC. 6. REPORT TO CONGRESS. 15 (a) IN GENERAL.—Not later than 1 year after the 16 date of the enactment of this Act, and annually thereafter 17 for a period of 5 years, the Secretary shall prepare and 18 submit to the appropriate committees of Congress a report 19 on the activities to provide adolescents and young people 20 with comprehensive sex education funded under this Act. 21 (b) REPORT ELEMENTS.—The report described in 22 subsection (a) shall include— 23 (1) a statement of whether the Secretary has 24 met the purposes described in section 2(a); and 25 VerDate Mar 15 2010 03:55 Feb 28, 2013 Jkt 029200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S372.IS S372 pwalker on DSK7TPTVN1PROD with BILLS 24 •S 372 IS (2) information about— 1 (A) the number of eligible entities and in- 2 stitutions of higher education that are receiving 3 grant funds under sections 3 and 4 of this Act; 4 (B) the specific activities supported by 5 grant funds awarded under sections 3 and 4 of 6 this Act; 7 (C) the number of adolescents served by 8 grant programs funded under section 3; 9 (D) the number of young people served by 10 grant programs funded under section 4; and 11 (E) the status of program evaluations de- 12 scribed under sections 3 and 4 of this Act. 13 SEC. 7. NONDISCRIMINATION. 14 Programs funded under this Act shall not discrimi- 15 nate on the basis of actual or perceived sex, race, color, 16 ethnicity, national origin, disability, sexual orientation, 17 gender identity, or religion. Nothing in this Act shall be 18 construed to invalidate or limit rights, remedies, proce- 19 dures, or legal standards available to victims of discrimi- 20 nation under any other Federal law or any law of a State 21 or a political subdivision of a State, including title VI of 22 the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), 23 title IX of the Education Amendments of 1972 (20 U.S.C. 24 1681 et seq.), section 504 of the Rehabilitation Act of 25 VerDate Mar 15 2010 03:55 Feb 28, 2013 Jkt 029200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S372.IS S372 pwalker on DSK7TPTVN1PROD with BILLS 25 •S 372 IS 1973 (29 U.S.C. 794), the Americans with Disabilities Act 1 of 1990 (42 U.S.C. 12101 et seq.), and section 1557 of 2 the Patient Protection and Affordable Care Act (42 3 U.S.C. 18116). 4 SEC. 8. LIMITATION. 5 No Federal funds provided under this Act may be 6 used for health education programs that— 7 (1) deliberately withhold life-saving information 8 about HIV; 9 (2) are medically inaccurate or have been sci- 10 entifically shown to be ineffective; 11 (3) promote gender stereotypes; 12 (4) are insensitive and unresponsive to the 13 needs of sexually active youth or lesbian, gay, bisex- 14 ual, or transgender youth; or 15 (5) are inconsistent with the ethical imperatives 16 of medicine and public health. 17 SEC. 9. AMENDMENTS TO OTHER LAWS. 18 (a) AMENDMENT TO THE PUBLIC HEALTH SERVICE 19 ACT.—Section 2500 of the Public Health Service Act (42 20 U.S.C. 300ee) is amended by striking subsections (b) 21 through (d) and inserting the following: 22 ‘‘(b) CONTENTS OF PROGRAMS.—All programs of 23 education and information receiving funds under this title 24 shall include information about the harmful effects of in- 25 VerDate Mar 15 2010 03:55 Feb 28, 2013 Jkt 029200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S372.IS S372 pwalker on DSK7TPTVN1PROD with BILLS 26 •S 372 IS travenous substance abuse and unsafe sexual activity, and 1 the benefits of abstaining from such activities.’’. 2 (b) AMENDMENTS TO THE ELEMENTARY AND SEC- 3 ONDARY EDUCATION ACT OF 1965.—Section 9526(a) of 4 the Elementary and Secondary Education Act of 1965 (20 5 U.S.C. 7906(a)) is amended— 6 (1) in paragraph (2), by inserting ‘‘or’’ after 7 the semicolon; 8 (2) in paragraph (3), by striking ‘‘; or’’ and in- 9 serting a period; and 10 (3) by striking paragraph (4). 11 SEC. 10. DEFINITIONS. 12 In this Act: 13 (1) ESEA DEFINITIONS.—The terms ‘‘elemen- 14 tary school’’, ‘‘local educational agency’’, ‘‘secondary 15 school’’, and ‘‘State educational agency’’ have the 16 meanings given the terms in section 9101 of the Ele- 17 mentary and Secondary Education Act of 1965 (20 18 U.S.C. 7801). 19 (2) AGE AND DEVELOPMENTALLY APPRO- 20 PRIATE.—The term ‘‘age and developmentally appro- 21 priate’’ means suitable for a particular age or age 22 group of children and adolescents, based on devel- 23 oping cognitive, emotional, and behavioral capacity 24 typical for that age or age group. 25 VerDate Mar 15 2010 03:55 Feb 28, 2013 Jkt 029200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S372.IS S372 pwalker on DSK7TPTVN1PROD with BILLS 27 •S 372 IS (3) ADOLESCENTS.—The term ‘‘adolescents’’ 1 means individuals who are ages 10 through 19 at 2 the time of commencement of participation in a pro- 3 gram supported under this Act. 4 (4) CHARACTERISTICS OF EFFECTIVE PRO- 5 GRAMS.—The term ‘‘characteristics of effective pro- 6 grams’’ means the aspects of evidence-based pro- 7 grams, including development, content, and imple- 8 mentation of such programs, that— 9 (A) have been shown to be effective in 10 terms of increasing knowledge, clarifying values 11 and attitudes, increasing skills, and impacting 12 upon behavior; and 13 (B) are widely recognized by leading med- 14 ical and public health agencies to be effective in 15 changing sexual behaviors that lead to sexually 16 transmitted infections, including HIV, unin- 17 tended pregnancy, and dating violence and sex- 18 ual assault among young people. 19 (5) COMPREHENSIVE SEX EDUCATION.—The 20 term ‘‘comprehensive sex education’’ means a pro- 21 gram that— 22 (A) includes age- and developmentally ap- 23 propriate, culturally and linguistically relevant 24 information on a broad set of topics related to 25 VerDate Mar 15 2010 03:55 Feb 28, 2013 Jkt 029200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S372.IS S372 pwalker on DSK7TPTVN1PROD with BILLS 28 •S 372 IS sexuality including human development, rela- 1 tionships, decisionmaking, communication, ab- 2 stinence, contraception, and disease and preg- 3 nancy prevention; 4 (B) provides students with opportunities 5 for developing skills as well as learning informa- 6 tion; 7 (C) is inclusive of lesbian, gay, bisexual, 8 transgender, and heterosexual young people; 9 and 10 (D) aims to— 11 (i) provide scientifically accurate and 12 realistic information about human sexu- 13 ality; 14 (ii) provide opportunities for individ- 15 uals to understand their own, their fami- 16 lies’, and their communities’ values, atti- 17 tudes, and insights about sexuality; 18 (iii) help individuals develop healthy 19 relationships and interpersonal skills; and 20 (iv) help individuals exercise responsi- 21 bility regarding sexual relationships, which 22 includes addressing abstinence, pressures 23 to become prematurely involved in sexual 24 VerDate Mar 15 2010 03:55 Feb 28, 2013 Jkt 029200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S372.IS S372 pwalker on DSK7TPTVN1PROD with BILLS 29 •S 372 IS intercourse, and the use of contraception 1 and other sexual health measures. 2 (6) EVIDENCE-BASED PROGRAM.—The term 3 ‘‘evidence-based program’’ means a sex education 4 program that has been proven through rigorous eval- 5 uation to be effective in changing sexual behavior or 6 incorporates elements of other sex education pro- 7 grams that have been proven to be effective in 8 changing sexual behavior. 9 (7) INSTITUTION OF HIGHER EDUCATION.—The 10 term ‘‘institution of higher education’’ has the 11 meaning given the term in section 101 of the Higher 12 Education Act of 1965 (20 U.S.C. 1001). 13 (8) MEDICALLY ACCURATE AND COMPLETE.— 14 The term ‘‘medically accurate and complete’’, when 15 used with respect to a sex education program, means 16 that— 17 (A) the information provided through the 18 program 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)(i) the program contains information 23 that leading professional organizations and 24 VerDate Mar 15 2010 03:55 Feb 28, 2013 Jkt 029200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S372.IS S372 pwalker on DSK7TPTVN1PROD with BILLS 30 •S 372 IS agencies with relevant expertise in the field rec- 1 ognize as accurate, objective, and complete; and 2 (ii) the program does not withhold infor- 3 mation about the effectiveness and benefits of 4 correct and consistent use of condoms and 5 other contraceptives. 6 (9) SECRETARY.—The term ‘‘Secretary’’ means 7 the Secretary of Health and Human Services. 8 (10) YOUNG PEOPLE.—The term ‘‘young peo- 9 ple’’ means individuals who are ages 10 through 24 10 at the time of commencement of participation in a 11 program supported under this Act. 12 SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 13 There are authorized to be appropriated to carry out 14 this Act such sums as may be necessary. 15 Æ VerDate Mar 15 2010 03:55 Feb 28, 2013 Jkt 029200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6301 E:\BILLS\S372.IS S372 pwalker on DSK7TPTVN1PROD with BILLS