[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 819 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 819
To expand access to preventive health care services that help reduce
unintended pregnancy, reduce abortions, and improve access to women's
health care.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 5, 2007
Ms. Slaughter (for herself, Ms. DeGette, Mr. Shays, Ms. DeLauro, Ms.
Harman, Ms. Lee, Mrs. Lowey, Mr. Rothman, Ms. Solis, Mr. Waxman, Mr.
Abercrombie, Mr. Ackerman, Mr. Allen, Mr. Baca, Ms. Baldwin, Ms.
Berkley, Mr. Berman, Mr. Bishop of New York, Mr. Blumenauer, Mr.
Boucher, Ms. Corrine Brown of Florida, Mrs. Capps, Mr. Carnahan, Mr.
Clay, Mr. Cohen, Mr. Crowley, Mr. Cummings, Mrs. Davis of California,
Mr. Davis of Illinois, Mr. Delahunt, Mr. Dicks, Mr. Dingell, Mr.
Emanuel, Mr. Engel, Mr. Farr, Mr. Fattah, Mr. Filner, Mr. Frank of
Massachusetts, Mr. Al Green of Texas, Mr. Grijalva, Mr. Gutierrez, Mr.
Higgins, Mr. Hinchey, Ms. Hirono, Mr. Holt, Mr. Honda, Ms. Hooley, Mr.
Inslee, Mr. Israel, Mr. Jackson of Illinois, Ms. Jackson-Lee of Texas,
Mr. Johnson of Georgia, Mr. Kennedy, Ms. Kilpatrick of Michigan, Mr.
Kind, Mr. Langevin, Mr. Lantos, Mr. Larsen of Washington, Mrs. Maloney
of New York, Ms. Matsui, Mrs. McCarthy of New York, Ms. McCollum of
Minnesota, Mr. McDermott, Mr. McGovern, Mr. McNulty, Mr. Meehan, Mr.
Meeks of New York, Mr. George Miller of California, Mr. Miller of North
Carolina, Ms. Moore of Wisconsin, Mr. Moore of Kansas, Mr. Moran of
Virginia, Mr. Patrick J. Murphy of Pennsylvania, Mr. Nadler, Mrs.
Napolitano, Ms. Norton, Mr. Olver, Mr. Payne, Mr. Price of North
Carolina, Ms. Roybal-Allard, Ms. Loretta Sanchez of California, Ms.
Schakowsky, Mr. Schiff, Ms. Schwartz, Mr. Scott of Virginia, Mr.
Sherman, Mr. Sires, Mr. Stark, Ms. Sutton, Mrs. Tauscher, Mr. Tierney,
Mrs. Jones of Ohio, Mr. Udall of Colorado, Mr. Van Hollen, Ms.
Wasserman Schultz, Ms. Watson, Mr. Weiner, Mr. Wexler, Ms. Woolsey, Mr.
Wu, and Mr. Wynn) introduced the following bill; which was referred to
the Committee on Energy and Commerce, and in addition to the Committees
on Ways and Means and Education and Labor, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To expand access to preventive health care services that help reduce
unintended pregnancy, reduce abortions, and improve access to women's
health care.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Prevention First
Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
TITLE I--TITLE X OF PUBLIC HEALTH SERVICE ACT
Sec. 101. Short title.
Sec. 102. Authorization of appropriations.
TITLE II--EQUITY IN PRESCRIPTION INSURANCE AND CONTRACEPTIVE COVERAGE
Sec. 201. Short title.
Sec. 202. Amendments to Employee Retirement Income Security Act of
1974.
Sec. 203. Amendments to Public Health Service Act relating to the group
market.
Sec. 204. Amendment to Public Health Service Act relating to the
individual market.
TITLE III--EMERGENCY CONTRACEPTION EDUCATION AND INFORMATION
Sec. 301. Short title.
Sec. 302. Emergency contraception education and information programs.
TITLE IV--COMPASSIONATE ASSISTANCE FOR RAPE EMERGENCIES
Sec. 401. Short title.
Sec. 402. Survivors of sexual assault; provision by hospitals of
emergency contraceptives without charge.
TITLE V--AT-RISK COMMUNITIES TEENAGE PREGNANCY PREVENTION ACT
Sec. 501. Short title.
Sec. 502. Teen pregnancy prevention.
Sec. 503. Research.
Sec. 504. General requirements.
TITLE VI--ACCURACY OF CONTRACEPTIVE INFORMATION
Sec. 601. Short title.
Sec. 602. Accuracy of contraceptive information.
TITLE VII--UNINTENDED PREGNANCY REDUCTION ACT
Sec. 701. Short title.
Sec. 702. Medicaid; clarification of coverage of family planning
services and supplies.
Sec. 703. Expansion of family planning services.
Sec. 704. Effective date.
TITLE VIII--RESPONSIBLE EDUCATION ABOUT LIFE ACT
Sec. 801. Short title.
Sec. 802. Assistance to reduce teen pregnancy, HIV/AIDS, and other
sexually transmitted diseases and to
support healthy adolescent development.
Sec. 803. Sense of Congress.
Sec. 804. Evaluation of programs.
Sec. 805. Definitions.
Sec. 806. Appropriations.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Healthy People 2010 sets forth a reduction of
unintended pregnancies as an important health objective for the
Nation to achieve over the first decade of the new century, a
goal first articulated in the 1979 Surgeon General's Report,
Healthy People, and reiterated in Healthy People 2000: National
Health Promotion and Disease Prevention Objectives.
(2) Although the Centers for Disease Control and Prevention
(referred to in this section as the ``CDC'') included family
planning in its published list of the Ten Great Public Health
Achievements in the 20th Century, the United States still has
one of the highest rates of unintended pregnancies among
industrialized nations.
(3) Each year, 3,000,000 pregnancies, nearly half of all
pregnancies, in the United States are unintended, and nearly
half of unintended pregnancies end in abortion.
(4) In 2004, 34,400,000 women, half of all women of
reproductive age, were in need of contraceptive services and
supplies to help prevent unintended pregnancy, and nearly half
of those were in need of public support for such care.
(5) The United States has the highest rate of infection
with sexually transmitted diseases of any industrialized
country. In 2005, there were approximately 19,000,000 new cases
of sexually transmitted diseases, almost half of them occurring
in young people ages 15 to 24. According to the CDC, these
sexually transmitted diseases impose a tremendous economic
burden with direct medical costs as high as $14,100,000,000 per
year.
(6) Increasing access to family planning services will
improve women's health and reduce the rates of unintended
pregnancy, abortion, and infection with sexually transmitted
diseases. Contraceptive use saves public health dollars. For
every dollar spent to increase funding for family planning
programs under title X of the Public Health Service Act, $3.80
is saved.
(7) Contraception is basic health care that improves the
health of women and children by enabling women to plan and
space births.
(8) Women experiencing unintended pregnancy are at greater
risk for physical abuse and women having closely spaced births
are at greater risk of maternal death.
(9) A child born from an unintended pregnancy is at greater
risk than a child born from an intended pregnancy of low birth
weight, dying in the first year of life, being abused, and not
receiving sufficient resources for healthy development.
(10) The ability to control fertility allows couples to
achieve economic stability by facilitating greater educational
achievement and participation in the workforce.
(11) Without contraception, a sexually active woman has an
85 percent chance of becoming pregnant within a year.
(12) The percentage of sexually active women ages 15
through 44 who were not using contraception increased from 5.4
percent to 7.4 percent in 2002, an increase of 37 percent,
according to the CDC. This represents an apparent increase of
1,430,000 women and could raise the rate of unintended
pregnancy.
(13) Many poor and low-income women cannot afford to
purchase contraceptive services and supplies on their own. In
2003, 20.5 percent of all women ages 15 through 44 were
uninsured.
(14) Public health programs, such as the Medicaid program
and family planning programs under title X of the Public Health
Service Act, provide high-quality family planning services and
other preventive health care to underinsured or uninsured
individuals who may otherwise lack access to health care.
(15) The Medicaid program is the single largest source of
public funding for family planning services and HIV/AIDS care
in the United States. Half of all public dollars spent on
contraceptive services and supplies in the United States are
provided through the Medicaid program and more than 6,000,000
low-income women of reproductive age rely on such program for
their basic health care needs.
(16) Each year, family planning services provided under
title X of the Public Health Service Act enable people in the
United States to prevent approximately 1,000,000 unintended
pregnancies, and one in three women of reproductive age who
obtains testing or treatment for sexually transmitted diseases
does so at a clinic receiving funds under such title. In 2005,
such clinics provided 2.5 million Pap smears, over 5.3 million
sexually transmitted disease tests, and over 6.2 million HIV
tests.
(17) The combination of an increasing number of uninsured
individuals, stagnant funding for family planning, health care
inflation, new and expensive contraceptive technologies,
increasing costs of contraceptives, and improved but expensive
screening and treatment for cervical cancer and sexually
transmitted diseases, has diminished the ability of clinics
receiving funds under title X of the Public Health Service Act
to adequately serve all individuals in need of services of such
clinics. Taking inflation into account, funding for the family
planning programs under such title declined by 59 percent
between 1980 and 2005.
(18) While the Medicaid program remains the largest source
of subsidized family planning services, States are facing
significant budgetary pressures to cut their Medicaid programs,
putting many women at risk of losing coverage for family
planning services.
(19) In addition, eligibility under the Medicaid program in
many States is severely restricted, which leaves family
planning services financially out of reach for many poor women.
Many States have demonstrated tremendous success with Medicaid
family planning waivers that allow States to expand access to
Medicaid family planning services. However, the administrative
burden of applying for a waiver poses a significant barrier to
States that would like to expand their coverage of family
planning programs through Medicaid.
(20) As of December of 2006, 24 States offered expanded
family planning benefits as a result of Medicaid family
planning waivers. The cost-effectiveness of these waivers was
affirmed by a recent evaluation funded by the Centers for
Medicare & Medicaid Services. This evaluation of six waivers
found that all family planning programs under such waivers
resulted in significant savings to both the Federal and State
governments. Moreover, the researchers found measurable
reductions in unintended pregnancy.
(21) Although employer-sponsored health plans have improved
coverage of contraceptive services and supplies, largely in
response to State contraceptive coverage laws, there is still
significant room for improvement. The ongoing lack of coverage
in health insurance plans, particularly in self-insured and
individual plans, continues to place effective forms of
contraception beyond the financial reach of many women.
(22) Including contraceptive coverage in private health
care plans saves employers money. Not covering contraceptives
in employee health plans costs employers 15 to 17 percent more
than providing such coverage.
(23) Approved for use by the Food and Drug Administration,
emergency contraception is a safe and effective way to prevent
unintended pregnancy after unprotected sex. New research
confirms that easier access to emergency contraceptives does
not increase sexual risk-taking or sexually transmitted
diseases.
(24) The available evidence shows that many women do not
know about emergency contraception, do not know where to get
it, or are unable to access it. Overcoming these obstacles
could help ensure that more women use emergency contraception
consistently and correctly.
(25) A November 2006 study of declining pregnancy rates
among teens concluded that the reduction in teen pregnancy
between 1995 and 2002 is primarily the result of increased use
of contraceptives. As such, it is critically important that
teens receive accurate, unbiased information about
contraception.
(26) The American Medical Association, the American Nurses
Association, the American Academy of Pediatrics, the American
College of Obstetricians and Gynecologists, the American Public
Health Association, and the Society for Adolescent Medicine,
support responsible sexuality education that includes
information about both abstinence and contraception.
(27) Teens who receive comprehensive sexuality education
that includes discussion of contraception as well as abstinence
are more likely than those who receive abstinence-only messages
to delay sex, to have fewer partners, and to use contraceptives
when they do become sexually active.
(28) Government-funded abstinence-only-until-marriage
programs are precluded from discussing contraception except to
talk about failure rates. An October 2006 report by the
Government Accountability Office found that the Department of
Health and Human Services does not review the materials of
recipients of grants administered by such department for
scientific accuracy and requires grantees to review their own
materials for scientific accuracy. The GAO also reported on the
Department's total lack of appropriate and customary
measurements to determine if funded programs are effective. In
addition, a separate letter from the Government Accountability
Office found that the Department of Health and Human Services
is in violation of Federal law by failing to enforce a
requirement under the Public Health Service Act that federally-
funded grantees working to address the prevention of sexually
transmitted diseases, including abstinence-only-until-marriage
programs, must provide medically accurate information about the
effectiveness of condoms.
(29) Recent scientific reports by the Institute of
Medicine, the American Medical Association, and the Office on
National AIDS Policy stress the need for sexuality education
that includes messages about abstinence and provides young
people with information about contraception for the prevention
of teen pregnancy, HIV/AIDS, and other sexually transmitted
diseases.
(30) A 2006 statement from the American Public Health
Association (``APHA'') ``recognizes the importance of
abstinence education, but only as part of a comprehensive
sexuality education program . . . APHA calls for repealing
current federal funding for abstinence-only programs and
replacing it with funding for a new Federal program to promote
comprehensive sexuality education, combining information about
abstinence with age-appropriate sexuality education.''
(31) Comprehensive sexuality education programs respect the
diversity of values and beliefs represented in the community
and will complement and augment the sexuality education
children receive from their families.
(32) Nearly half of the 40,000 annual new cases of HIV
infections in the United States occur in youth ages 13 through
24. African American and Latino youth have been
disproportionately affected by the HIV/AIDS epidemic. Although
African American adolescents, ages 13 through 19, represent
only 15 percent of the adolescent population in the United
States, they accounted for 73 percent of new AIDS cases
reported among adolescents in 2004. Latino adolescents, ages
age 13 through 19, accounted for 14 percent of AIDS cases among
adolescents, compared to 16 percent of all adolescents in the
United States, in 2004. Teens in the United States contract an
estimated 9.1 million sexually transmitted infections each
year. By age 24, at least one in four sexually active people
between the ages of 15 and 24 will have contracted a sexually
transmitted disease.
(33) Approximately 50 young people a day, an average of two
young people every hour of every day, are infected with HIV in
the United States.
TITLE I--TITLE X OF PUBLIC HEALTH SERVICE ACT
SEC. 101. SHORT TITLE.
This title may be cited as the ``Title X Family Planning Services
Act of 2007''.
SEC. 102. AUTHORIZATION OF APPROPRIATIONS.
For the purpose of making grants and contracts under section 1001
of the Public Health Service Act, there are authorized to be
appropriated $700,000,000 for fiscal year 2008 and such sums as may be
necessary for each subsequent fiscal year.
TITLE II--EQUITY IN PRESCRIPTION INSURANCE AND CONTRACEPTIVE COVERAGE
SEC. 201. SHORT TITLE.
This title may be cited as the ``Equity in Prescription Insurance
and Contraceptive Coverage Act of 2007''.
SEC. 202. AMENDMENTS TO EMPLOYEE RETIREMENT INCOME SECURITY ACT OF
1974.
(a) In General.--Subpart B of part 7 of subtitle B of title I of
the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185 et
seq.) is amended by adding at the end the following:
``SEC. 714. STANDARDS RELATING TO BENEFITS FOR CONTRACEPTIVES.
``(a) Requirements for Coverage.--A group health plan, and a health
insurance issuer providing health insurance coverage in connection with
a group health plan, may not--
``(1) exclude or restrict benefits for prescription
contraceptive drugs or devices approved by the Food and Drug
Administration, or generic equivalents approved as
substitutable by the Food and Drug Administration, if such plan
or coverage provides benefits for other outpatient prescription
drugs or devices; or
``(2) exclude or restrict benefits for outpatient
contraceptive services if such plan or coverage provides
benefits for other outpatient services provided by a health
care professional (referred to in this section as `outpatient
health care services').
``(b) Prohibitions.--A group health plan, and a health insurance
issuer providing health insurance coverage in connection with a group
health plan, may not--
``(1) deny to an individual eligibility, or continued
eligibility, to enroll or to renew coverage under the terms of
the plan because of the individual's or enrollee's use or
potential use of items or services that are covered in
accordance with the requirements of this section;
``(2) provide monetary payments or rebates to a covered
individual to encourage such individual to accept less than the
minimum protections available under this section;
``(3) penalize or otherwise reduce or limit the
reimbursement of a health care professional because such
professional prescribed contraceptive drugs or devices, or
provided contraceptive services, described in subsection (a),
in accordance with this section; or
``(4) provide incentives (monetary or otherwise) to a
health care professional to induce such professional to
withhold from a covered individual contraceptive drugs or
devices, or contraceptive services, described in subsection
(a).
``(c) Rules of Construction.--
``(1) In general.--Nothing in this section shall be
construed--
``(A) as preventing a group health plan and a
health insurance issuer providing health insurance
coverage in connection with a group health plan from
imposing deductibles, coinsurance, or other cost-
sharing or limitations in relation to--
``(i) benefits for contraceptive drugs
under the plan or coverage, except that such a
deductible, coinsurance, or other cost-sharing
or limitation for any such drug shall be
consistent with those imposed for other
outpatient prescription drugs otherwise covered
under the plan or coverage;
``(ii) benefits for contraceptive devices
under the plan or coverage, except that such a
deductible, coinsurance, or other cost-sharing
or limitation for any such device shall be
consistent with those imposed for other
outpatient prescription devices otherwise
covered under the plan or coverage; and
``(iii) benefits for outpatient
contraceptive services under the plan or
coverage, except that such a deductible,
coinsurance, or other cost-sharing or
limitation for any such service shall be
consistent with those imposed for other
outpatient health care services otherwise
covered under the plan or coverage;
``(B) as requiring a group health plan and a health
insurance issuer providing health insurance coverage in
connection with a group health plan to cover
experimental or investigational contraceptive drugs or
devices, or experimental or investigational
contraceptive services, described in subsection (a),
except to the extent that the plan or issuer provides
coverage for other experimental or investigational
outpatient prescription drugs or devices, or
experimental or investigational outpatient health care
services; or
``(C) as modifying, diminishing, or limiting the
rights or protections of an individual under any other
Federal law.
``(2) Limitations.--As used in paragraph (1), the term
`limitation' includes--
``(A) in the case of a contraceptive drug or
device, restricting the type of health care
professionals that may prescribe such drugs or devices,
utilization review provisions, and limits on the volume
of prescription drugs or devices that may be obtained
on the basis of a single consultation with a
professional; or
``(B) in the case of an outpatient contraceptive
service, restricting the type of health care
professionals that may provide such services,
utilization review provisions, requirements relating to
second opinions prior to the coverage of such services,
and requirements relating to preauthorizations prior to
the coverage of such services.
``(d) Notice Under Group Health Plan.--The imposition of the
requirements of this section shall be treated as a material
modification in the terms of the plan described in section 102(a)(1),
for purposes of assuring notice of such requirements under the plan,
except that the summary description required to be provided under the
last sentence of section 104(b)(1) with respect to such modification
shall be provided by not later than 60 days after the first day of the
first plan year in which such requirements apply.
``(e) Preemption.--Nothing in this section shall be construed to
preempt any provision of State law to the extent that such State law
establishes, implements, or continues in effect any standard or
requirement that provides coverage or protections for participants or
beneficiaries that are greater than the coverage or protections
provided under this section.
``(f) Definition.--In this section, the term `outpatient
contraceptive services' means consultations, examinations, procedures,
and medical services, provided on an outpatient basis and related to
the use of contraceptive methods (including natural family planning) to
prevent an unintended pregnancy.''.
(b) Clerical Amendment.--The table of contents in section 1 of the
Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001) is
amended by inserting after the item relating to section 713 the
following:
``Sec. 714. Standards relating to benefits for contraceptives.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to plan years beginning on or after January 1, 2008.
SEC. 203. AMENDMENTS TO PUBLIC HEALTH SERVICE ACT RELATING TO THE GROUP
MARKET.
(a) In General.--Subpart 2 of part A of title XXVII of the Public
Health Service Act (42 U.S.C. 300gg-4 et seq.) is amended by adding at
the end the following:
``SEC. 2707. STANDARDS RELATING TO BENEFITS FOR CONTRACEPTIVES.
``(a) Requirements for Coverage.--A group health plan, and a health
insurance issuer providing health insurance coverage in connection with
a group health plan, may not--
``(1) exclude or restrict benefits for prescription
contraceptive drugs or devices approved by the Food and Drug
Administration, or generic equivalents approved as
substitutable by the Food and Drug Administration, if such plan
or coverage provides benefits for other outpatient prescription
drugs or devices; or
``(2) exclude or restrict benefits for outpatient
contraceptive services if such plan or coverage provides
benefits for other outpatient services provided by a health
care professional (referred to in this section as `outpatient
health care services').
``(b) Prohibitions.--A group health plan, and a health insurance
issuer providing health insurance coverage in connection with a group
health plan, may not--
``(1) deny to an individual eligibility, or continued
eligibility, to enroll or to renew coverage under the terms of
the plan because of the individual's or enrollee's use or
potential use of items or services that are covered in
accordance with the requirements of this section;
``(2) provide monetary payments or rebates to a covered
individual to encourage such individual to accept less than the
minimum protections available under this section;
``(3) penalize or otherwise reduce or limit the
reimbursement of a health care professional because such
professional prescribed contraceptive drugs or devices, or
provided contraceptive services, described in subsection (a),
in accordance with this section; or
``(4) provide incentives (monetary or otherwise) to a
health care professional to induce such professional to
withhold from covered individual contraceptive drugs or
devices, or contraceptive services, described in subsection
(a).
``(c) Rules of Construction.--
``(1) In general.--Nothing in this section shall be
construed--
``(A) as preventing a group health plan and a
health insurance issuer providing health insurance
coverage in connection with a group health plan from
imposing deductibles, coinsurance, or other cost-
sharing or limitations in relation to--
``(i) benefits for contraceptive drugs
under the plan or coverage, except that such a
deductible, coinsurance, or other cost-sharing
or limitation for any such drug shall be
consistent with those imposed for other
outpatient prescription drugs otherwise covered
under the plan or coverage;
``(ii) benefits for contraceptive devices
under the plan or coverage, except that such a
deductible, coinsurance, or other cost-sharing
or limitation for any such device shall be
consistent with those imposed for other
outpatient prescription devices otherwise
covered under the plan or coverage; and
``(iii) benefits for outpatient
contraceptive services under the plan or
coverage, except that such a deductible,
coinsurance, or other cost-sharing or
limitation for any such service shall be
consistent with those imposed for other
outpatient health care services otherwise
covered under the plan or coverage;
``(B) as requiring a group health plan and a health
insurance issuer providing health insurance coverage in
connection with a group health plan to cover
experimental or investigational contraceptive drugs or
devices, or experimental or investigational
contraceptive services, described in subsection (a),
except to the extent that the plan or issuer provides
coverage for other experimental or investigational
outpatient prescription drugs or devices, or
experimental or investigational outpatient health care
services; or
``(C) as modifying, diminishing, or limiting the
rights or protections of an individual under any other
Federal law.
``(2) Limitations.--As used in paragraph (1), the term
`limitation' includes--
``(A) in the case of a contraceptive drug or
device, restricting the type of health care
professionals that may prescribe such drugs or devices,
utilization review provisions, and limits on the volume
of prescription drugs or devices that may be obtained
on the basis of a single consultation with a
professional; or
``(B) in the case of an outpatient contraceptive
service, restricting the type of health care
professionals that may provide such services,
utilization review provisions, requirements relating to
second opinions prior to the coverage of such services,
and requirements relating to preauthorizations prior to
the coverage of such services.
``(d) Notice.--A group health plan under this part shall comply
with the notice requirement under section 714(d) of the Employee
Retirement Income Security Act of 1974 with respect to the requirements
of this section as if such section applied to such plan.
``(e) Preemption.--Nothing in this section shall be construed to
preempt any provision of State law to the extent that such State law
establishes, implements, or continues in effect any standard or
requirement that provides coverage or protections for enrollees that
are greater than the coverage or protections provided under this
section.
``(f) Definition.--In this section, the term `outpatient
contraceptive services' means consultations, examinations, procedures,
and medical services, provided on an outpatient basis and related to
the use of contraceptive methods (including natural family planning) to
prevent an unintended pregnancy.''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to group health plans for plan years beginning on or
after January 1, 2008.
SEC. 204. AMENDMENT TO PUBLIC HEALTH SERVICE ACT RELATING TO THE
INDIVIDUAL MARKET.
(a) In General.--Part B of title XXVII of the Public Health Service
Act (42 U.S.C. 300gg-41 et seq.) is amended--
(1) by redesignating the first subpart 3 (relating to other
requirements) as subpart 2; and
(2) by adding at the end of subpart 2 the following:
``SEC. 2753. STANDARDS RELATING TO BENEFITS FOR CONTRACEPTIVES.
``The provisions of section 2707 shall apply to health insurance
coverage offered by a health insurance issuer in the individual market
in the same manner as they apply to health insurance coverage offered
by a health insurance issuer in connection with a group health plan in
the small or large group market.''.
(b) Effective Date.--The amendment made by this section shall apply
with respect to health insurance coverage offered, sold, issued,
renewed, in effect, or operated in the individual market on or after
January 1, 2008.
TITLE III--EMERGENCY CONTRACEPTION EDUCATION AND INFORMATION
SEC. 301. SHORT TITLE.
This title may be cited as the ``Emergency Contraception Education
Act of 2007''.
SEC. 302. EMERGENCY CONTRACEPTION EDUCATION AND INFORMATION PROGRAMS.
(a) Definitions.--For purposes of this section:
(1) Emergency contraception.--The term ``emergency
contraception'' means a drug or device (as the terms are
defined in section 201 of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 321)) or a drug regimen that is--
(A) used after sexual relations;
(B) prevents pregnancy, by preventing ovulation,
fertilization of an egg, or implantation of an egg in a
uterus; and
(C) approved by the Food and Drug Administration.
(2) Health care provider.--The term ``health care
provider'' means an individual who is licensed or certified
under State law to provide health care services and who is
operating within the scope of such license.
(3) Institution of higher education.--The term
``institution of higher education'' has the same meaning given
such term in section 1201(a) of the Higher Education Act of
1965 (20 U.S.C. 1141(a)).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(b) Emergency Contraception Public Education Program.--
(1) In general.--The Secretary, acting through the Director
of the Centers for Disease Control and Prevention, shall
develop and disseminate to the public information on emergency
contraception.
(2) Dissemination.--The Secretary may disseminate
information under paragraph (1) directly or through
arrangements with nonprofit organizations, consumer groups,
institutions of higher education, Federal, State, or local
agencies, clinics, and the media.
(3) Information.--The information disseminated under
paragraph (1) shall include, at a minimum, a description of
emergency contraception and an explanation of the use, safety,
efficacy, and availability of such contraception.
(c) Emergency Contraception Information Program for Health Care
Providers.--
(1) In general.--The Secretary, acting through the
Administrator of the Health Resources and Services
Administration and in consultation with major medical and
public health organizations, shall develop and disseminate to
health care providers information on emergency contraception.
(2) Information.--The information disseminated under
paragraph (1) shall include, at a minimum--
(A) information describing the use, safety,
efficacy, and availability of emergency contraception;
(B) a recommendation regarding the use of such
contraception in appropriate cases; and
(C) information explaining how to obtain copies of
the information developed under subsection (b) for
distribution to the patients of the providers.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for each of the fiscal years 2008 through 2012.
TITLE IV--COMPASSIONATE ASSISTANCE FOR RAPE EMERGENCIES
SEC. 401. SHORT TITLE.
This title may be cited as the ``Compassionate Assistance for Rape
Emergencies Act of 2007''.
SEC. 402. SURVIVORS OF SEXUAL ASSAULT; PROVISION BY HOSPITALS OF
EMERGENCY CONTRACEPTIVES WITHOUT CHARGE.
(a) In General.--Federal funds may not be provided to a hospital
under any health-related program, unless the hospital meets the
conditions specified in subsection (b) in the case of--
(1) any woman who presents at the hospital and states that
she is a victim of sexual assault, or is accompanied by someone
who states she is a victim of sexual assault; and
(2) any woman who presents at the hospital whom hospital
personnel have reason to believe is a victim of sexual assault.
(b) Assistance for Victims.--The conditions specified in this
subsection regarding a hospital and a woman described in subsection (a)
are as follows:
(1) The hospital promptly provides the woman with medically
and factually accurate and unbiased written and oral
information about emergency contraception, including
information explaining that--
(A) emergency contraception does not cause an
abortion; and
(B) emergency contraception is effective in most
cases in preventing pregnancy after unprotected sex.
(2) The hospital promptly offers emergency contraception to
the woman, and promptly provides such contraception to her on
her request.
(3) The information provided pursuant to paragraph (1) is
in clear and concise language, is readily comprehensible, and
meets such conditions regarding the provision of the
information in languages other than English as the Secretary
may establish.
(4) The services described in paragraphs (1) through (3)
are not denied because of the inability of the woman or her
family to pay for the services.
(c) Definitions.--For purposes of this section:
(1) The term ``emergency contraception'' means a drug, drug
regimen, or device that--
(A) is used postcoitally;
(B) prevents pregnancy by delaying ovulation,
preventing fertilization of an egg, or preventing
implantation of an egg in a uterus; and
(C) is approved by the Food and Drug
Administration.
(2) The term ``hospital'' has the meanings given such term
in title XVIII of the Social Security Act, including the
meaning applicable in such title for purposes of making
payments for emergency services to hospitals that do not have
agreements in effect under such title.
(3) The term ``Secretary'' means the Secretary of Health
and Human Services.
(4) The term ``sexual assault'' means coitus in which the
woman involved does not consent or lacks the legal capacity to
consent.
(d) Effective Date; Agency Criteria.--This section takes effect
upon the expiration of the 180-day period beginning on the date of the
enactment of this Act. Not later than 30 days prior to the expiration
of such period, the Secretary shall publish in the Federal Register
criteria for carrying out this section.
TITLE V--AT-RISK COMMUNITIES TEENAGE PREGNANCY PREVENTION ACT
SEC. 501. SHORT TITLE.
This title may be cited as the ``At-Risk Communities Teenage
Pregnancy Prevention Act of 2007''.
SEC. 502. TEEN PREGNANCY PREVENTION.
Part P of title III of the Public Health Service Act (42 U.S.C.
280g et seq.) is amended by inserting after section 399N the following
section:
``SEC. 399N-1. TEENAGE PREGNANCY PREVENTION GRANTS.
``(a) Authority.--The Secretary may award on a competitive basis
grants to public and private entities to establish or expand teenage
pregnancy prevention programs.
``(b) Grant Recipients.--Grant recipients under this section may
include State and local not-for-profit coalitions working to prevent
teenage pregnancy, State, local, and tribal agencies, schools, entities
that provide after-school programs, and community and faith-based
groups.
``(c) Priority.--In selecting grant recipients under this section,
the Secretary shall give--
``(1) highest priority to applicants seeking assistance for
programs targeting communities or populations in which--
``(A) teenage pregnancy or birth rates are higher
than the corresponding State average; or
``(B) teenage pregnancy or birth rates are
increasing; and
``(2) priority to applicants seeking assistance for
programs that--
``(A) will benefit underserved or at-risk
populations such as young males or immigrant youths; or
``(B) will take advantage of other available
resources and be coordinated with other programs that
serve youth, such as workforce development and after
school programs.
``(d) Use of Funds.--Funds received by an entity as a grant under
this section shall be used for programs that--
``(1) replicate or substantially incorporate the elements
of one or more teenage pregnancy prevention programs that have
been proven (on the basis of rigorous scientific research) to
delay sexual intercourse or sexual activity, increase condom or
contraceptive use (without increasing sexual activity), or
reduce teenage pregnancy; and
``(2) incorporate one or more of the following strategies
for preventing teenage pregnancy: encouraging teenagers to
delay sexual activity; sex and HIV education; interventions for
sexually active teenagers; preventive health services; youth
development programs; service learning programs; and outreach
or media programs.
``(e) Complete Information.--Programs receiving funds under this
section that choose to provide information on HIV/AIDS or contraception
or both must provide information that is complete and medically
accurate.
``(f) Relation to Abstinence-Only Programs.--Funds under this
section are not intended for use by abstinence-only education programs.
Abstinence-only education programs that receive Federal funds through
the Maternal and Child Health Block Grant, the Administration for
Children and Families, the Adolescent Family Life Program, and any
other program that uses the definition of `abstinence education' found
in section 510(b) of the Social Security Act are ineligible for
funding.
``(g) Applications.--Each entity seeking a grant under this section
shall submit an application to the Secretary at such time and in such
manner as the Secretary may require.
``(h) Matching Funds.--
``(1) In general.--The Secretary may not award a grant to
an applicant for a program under this section unless the
applicant demonstrates that it will pay, from funds derived
from non-Federal sources, at least 25 percent of the cost of
the program.
``(2) Applicant's share.--The applicant's share of the cost
of a program shall be provided in cash or in kind.
``(i) Supplementation of Funds.--An entity that receives funds as a
grant under this section shall use the funds to supplement and not
supplant funds that would otherwise be available to the entity for
teenage pregnancy prevention.
``(j) Evaluations.--
``(1) In general.--The Secretary shall--
``(A) conduct or provide for a rigorous evaluation
of 10 percent of programs for which a grant is awarded
under this section;
``(B) collect basic data on each program for which
a grant is awarded under this section; and
``(C) upon completion of the evaluations referred
to in subparagraph (A), submit to the Congress a report
that includes a detailed statement on the effectiveness
of grants under this section.
``(2) Cooperation by grantees.--Each grant recipient under
this section shall provide such information and cooperation as
may be required for an evaluation under paragraph (1).
``(k) Definition.--For purposes of this section, the term `rigorous
scientific research' means based on a program evaluation that:
``(1) Measured impact on sexual or contraceptive behavior,
pregnancy or childbearing.
``(2) Employed an experimental or quasi-experimental design
with well-constructed and appropriate comparison groups.
``(3) Had a sample size large enough (at least 100 in the
combined treatment and control group) and a follow-up interval
long enough (at least six months) to draw valid conclusions
about impact.
``(l) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for fiscal year 2007 and each subsequent fiscal year.''.
SEC. 503. RESEARCH.
(a) In General.--The Secretary of Health and Human Services, acting
through the Director of the Centers for Disease Control and Prevention,
shall make grants to public or nonprofit private entities to conduct,
support, and coordinate research on the prevention of teen pregnancy in
eligible communities, including research on the factors contributing to
the disproportionate rates of teen pregnancy in such communities.
(b) Research.--In carrying out subsection (a), the Secretary of
Health and Human Services shall support research that--
(1) investigates and determines the incidence and
prevalence of teen pregnancy in communities described in such
subsection;
(2) examines--
(A) the extent of the impact of teen pregnancy on--
(i) the health and well-being of teenagers
in the communities; and
(ii) the scholastic achievement of such
teenagers;
(B) the variance in the rates of teen pregnancy
by--
(i) location (such as inner cities, inner
suburbs, and outer suburbs);
(ii) population subgroup (such as Hispanic,
Asian-Pacific Islander, African-American,
Native American); and
(iii) level of acculturation;
(C) the importance of the physical and social
environment as a factor in placing communities at risk
of increased rates of teen pregnancy; and
(D) the importance of aspirations as a factor
affecting young women's risk of teen pregnancy; and
(3) is used to develop--
(A) measures to address race, ethnicity,
socioeconomic status, environment, and educational
attainment and the relationship to the incidence and
prevalence of teen pregnancy; and
(B) efforts to link the measures to relevant
databases, including health databases.
(c) Priority.--In making grants under subsection (a), the Secretary
of Health and Human Services shall give priority to research that
incorporates--
(1) interdisciplinary approaches; or
(2) a strong emphasis on community-based participatory
research.
(d) Authorization of Appropriations.--For the purpose of carrying
out this section, there is authorized to be appropriated such sums as
may be necessary for each of the fiscal years 2008 through 2012.
SEC. 504. GENERAL REQUIREMENTS.
(a) Medically Accurate Information.--A grant may be made under this
title only if the applicant involved agrees that all information
provided pursuant to the grant will be age-appropriate, factually and
medically accurate and complete, and scientifically based.
(b) Cultural Context of Services.--A grant may be made under this
title only if the applicant involved agrees that information,
activities, and services under the grant that are directed toward a
particular population group will be provided in the language and
cultural context that is most appropriate for individuals in such
group.
(c) Application for Grant.--A grant may be made under this title
only if an application for the grant is submitted to the Secretary of
Health and Human Services and the application is in such form, is made
in such manner, and contains such agreements, assurances, and
information as the Secretary of Health and Human Services determines to
be necessary to carry out the program involved.
TITLE VI--ACCURACY OF CONTRACEPTIVE INFORMATION
SEC. 601. SHORT TITLE.
This title may be cited as the ``Truth in Contraception Act of
2007''.
SEC. 602. ACCURACY OF CONTRACEPTIVE INFORMATION.
Notwithstanding any other provision of law, any information
concerning the use of a contraceptive provided through any federally
funded sex education, family life education, abstinence education,
comprehensive health education, or character education program shall be
medically accurate and shall include health benefits and failure rates
relating to the use of such contraceptive.
TITLE VII--UNINTENDED PREGNANCY REDUCTION ACT
SEC. 701. SHORT TITLE.
This title may be cited as the ``Unintended Pregnancy Reduction Act
of 2007''.
SEC. 702. MEDICAID; CLARIFICATION OF COVERAGE OF FAMILY PLANNING
SERVICES AND SUPPLIES.
Section 1937(b) of the Social Security Act (42 U.S.C. 1396u-7(b))
is amended by adding at the end the following:
``(5) Coverage of family planning services and supplies.--
Notwithstanding the previous provisions of this section, a
State may not provide for medical assistance through enrollment
of an individual with benchmark coverage or benchmark-
equivalent coverage under this section unless such coverage
includes for any individual described in section 1905(a)(4)(C),
medical assistance for family planning services and supplies in
accordance with such section.''.
SEC. 703. EXPANSION OF FAMILY PLANNING SERVICES.
(a) Coverage as Mandatory Categorically Needy Group.--
(1) In general.--Section 1902(a)(10)(A)(i) of the Social
Security Act (42 U.S.C. 1396a(a)(10)(A)(i)) is amended--
(A) in subclause (VI), by striking ``or'' at the
end;
(B) in subclause (VII), by adding ``or'' at the
end; and
(C) by adding at the end the following new
subclause:
``(VIII) who are described in
subsection (dd) (relating to
individuals who meet the income
standards for pregnant women);''.
(2) Group described.--Section 1902 of the Social Security
Act (42 U.S.C. 1396a) is amended by adding at the end the
following new subsection:
``(dd)(1) Individuals described in this subsection are individuals
who--
``(A) meet at least the income eligibility standards
established under the State plan as of January 1, 2007, for
pregnant women or such higher income eligibility standard for
such women as the State may establish; and
``(B) are not pregnant.
``(2) At the option of a State, individuals described in this
subsection may include individuals who are determined to meet the
income eligibility standards referred to in paragraph (1)(A) under the
terms and conditions applicable to making eligibility determinations
for medical assistance under this title under a waiver to provide the
benefits described in clause (XV) of the matter following subparagraph
(G) of section 1902(a)(10) granted to the State under section 1115 as
of January 1, 2007.''.
(3) Limitation on benefits.--Section 1902(a)(10) of the
Social Security Act (42 U.S.C. 1396a(a)(10)) is amended in the
matter following subparagraph (G)--
(A) by striking ``and (XIV)'' and inserting
``(XIV)''; and
(B) by inserting ``, and (XV) the medical
assistance made available to an individual described in
subsection (dd) who is eligible for medical assistance
only because of subparagraph (A)(10)(i)(VIII) shall be
limited to family planning services and supplies
described in 1905(a)(4)(C) and, at the State's option,
medical diagnosis or treatment services that are
provided in conjunction with a family planning service
in a family planning setting provided during the period
in which such an individual is eligible;'' after
``cervical cancer''.
(4) Conforming amendments.--Section 1905(a) of the Social
Security Act (42 U.S.C. 1396d(a)) is amended in the matter
preceding paragraph (1)--
(A) in clause (xii), by striking ``or'' at the end;
(B) in clause (xii), by adding ``or'' at the end;
and
(C) by inserting after clause (xiii) the following:
``(xiv) individuals described in section
1902(dd),''.
(b) Presumptive Eligibility.--
(1) In general.--Title XIX of the Social Security Act (42
U.S.C. 1396 et seq.) is amended by inserting after section
1920B the following:
``presumptive eligibility for family planning services
``Sec. 1920C. (a) State Option.--A State plan approved under
section 1902 may provide for making medical assistance available to an
individual described in section 1902(dd) (relating to individuals who
meet the income eligibility standard for pregnant women in the State)
during a presumptive eligibility period. In the case of an individual
described in section 1902(dd) who is eligible for medical assistance
only because of subparagraph (A)(10)(i)(VIII), such medical assistance
may be limited to family planning services and supplies described in
1905(a)(4)(C) and, at the State's option, medical diagnosis or
treatment services that are provided in conjunction with a family
planning service in a family planning setting provided during the
period in which such an individual is eligible.
``(b) Definitions.--For purposes of this section:
``(1) Presumptive eligibility period.--The term
`presumptive eligibility period' means, with respect to an
individual described in subsection (a), the period that--
``(A) begins with the date on which a qualified
entity determines, on the basis of preliminary
information, that the individual is described in
section 1902(dd); and
``(B) ends with (and includes) the earlier of--
``(i) the day on which a determination is
made with respect to the eligibility of such
individual for services under the State plan;
or
``(ii) in the case of such an individual
who does not file an application by the last
day of the month following the month during
which the entity makes the determination
referred to in subparagraph (A), such last day.
``(2) Qualified entity.--
``(A) In general.--Subject to subparagraph (B), the
term `qualified entity' means any entity that--
``(i) is eligible for payments under a
State plan approved under this title; and
``(ii) is determined by the State agency to
be capable of making determinations of the type
described in paragraph (1)(A).
``(B) Regulations.--The Secretary may issue
regulations further limiting those entities that may
become qualified entities in order to prevent fraud and
abuse and for other reasons.
``(C) Rule of construction.--Nothing in this
paragraph shall be construed as preventing a State from
limiting the classes of entities that may become
qualified entities, consistent with any limitations
imposed under subparagraph (B).
``(c) Administration.--
``(1) In general.--The State agency shall provide qualified
entities with--
``(A) such forms as are necessary for an
application to be made by an individual described in
subsection (a) for medical assistance under the State
plan; and
``(B) information on how to assist such individuals
in completing and filing such forms.
``(2) Notification requirements.--A qualified entity that
determines under subsection (b)(1)(A) that an individual
described in subsection (a) is presumptively eligible for
medical assistance under a State plan shall--
``(A) notify the State agency of the determination
within 5 working days after the date on which
determination is made; and
``(B) inform such individual at the time the
determination is made that an application for medical
assistance is required to be made by not later than the
last day of the month following the month during which
the determination is made.
``(3) Application for medical assistance.--In the case of
an individual described in subsection (a) who is determined by
a qualified entity to be presumptively eligible for medical
assistance under a State plan, the individual shall apply for
medical assistance by not later than the last day of the month
following the month during which the determination is made.
``(d) Payment.--Notwithstanding any other provision of this title,
medical assistance that--
``(1) is furnished to an individual described in subsection
(a)--
``(A) during a presumptive eligibility period;
``(B) by a entity that is eligible for payments
under the State plan; and
``(2) is included in the care and services covered by the
State plan, shall be treated as medical assistance provided by
such plan for purposes of clause (4) of the first sentence of
section 1905(b).''.
(2) Conforming amendments.--
(A) Section 1902(a)(47) of the Social Security Act
(42 U.S.C. 1396a(a)(47)) is amended by inserting before
the semicolon at the end the following: ``and provide
for making medical assistance available to individuals
described in subsection (a) of section 1920C during a
presumptive eligibility period in accordance with such
section.''.
(B) Section 1903(u)(1)(D)(v) of such Act (42 U.S.C.
1396b(u)(1)(D)(v)) is amended--
(i) by striking ``or for'' and inserting
``, for''; and
(ii) by inserting before the period the
following: ``, or for medical assistance
provided to an individual described in
subsection (a) of section 1920C during a
presumptive eligibility period under such
section''.
SEC. 704. EFFECTIVE DATE.
(a) In General.--Except as provided in paragraph (2), the
amendments made by this title take effect on October 1, 2007.
(b) Extension of Effective Date for State Law Amendment.--In the
case of a State plan under title XIX of the Social Security Act (42
U.S.C. 1396 et seq.) which the Secretary of Health and Human Services
determines requires State legislation in order for the plan to meet the
additional requirements imposed by the amendments made by this title,
the State plan shall not be regarded as failing to comply with the
requirements of such title solely on the basis of its failure to meet
these additional requirements before the first day of the first
calendar quarter beginning after the close of the first regular session
of the State legislature that begins after the date of the enactment of
this Act. For purposes of the previous sentence, in the case of a State
that has a 2-year legislative session, each year of the session is
considered to be a separate regular session of the State legislature.
TITLE VIII--RESPONSIBLE EDUCATION ABOUT LIFE ACT
SEC. 801. SHORT TITLE.
This title may be cited as the ``Responsible Education About Life
Act of 2007''.
SEC. 802. ASSISTANCE TO REDUCE TEEN PREGNANCY, HIV/AIDS, AND OTHER
SEXUALLY TRANSMITTED DISEASES AND TO SUPPORT HEALTHY
ADOLESCENT DEVELOPMENT.
(a) In General.--Each eligible State shall be entitled to receive
from the Secretary of Health and Human Services, for each of the fiscal
years 2008 through 2012, a grant to conduct programs of family life
education, including education on both abstinence and contraception for
the prevention of teenage pregnancy and sexually transmitted diseases,
including HIV/AIDS.
(b) Requirements for Family Life Programs.--For purposes of this
title, a program of family life education is a program that--
(1) is age-appropriate and medically accurate;
(2) does not teach or promote religion;
(3) teaches that abstinence is the only sure way to avoid
pregnancy or sexually transmitted diseases;
(4) stresses the value of abstinence while not ignoring
those young people who have had or are having sexual
intercourse;
(5) provides information about the health benefits and side
effects of all contraceptives and barrier methods as a means to
prevent pregnancy;
(6) provides information about the health benefits and side
effects of all contraceptives and barrier methods as a means to
reduce the risk of contracting sexually transmitted diseases,
including HIV/AIDS;
(7) encourages family communication between parent and
child about sexuality;
(8) teaches young people the skills to make responsible
decisions about sexuality, including how to avoid unwanted
verbal, physical, and sexual advances and how not to make
unwanted verbal, physical, and sexual advances; and
(9) teaches young people how alcohol and drug use can
effect responsible decisionmaking.
(c) Additional Activities.--In carrying out a program of family
life education, a State may expend a grant under subsection (a) to
carry out educational and motivational activities that help young
people--
(1) gain knowledge about the physical, emotional,
biological, and hormonal changes of adolescence and subsequent
stages of human maturation;
(2) develop the knowledge and skills necessary to ensure
and protect their sexual and reproductive health from
unintended pregnancy and sexually transmitted disease,
including HIV/AIDS throughout their lifespan;
(3) gain knowledge about the specific involvement and
responsibility of males in sexual decisionmaking;
(4) develop healthy attitudes and values about adolescent
growth and development, body image, racial and ethnic
diversity, and other related subjects;
(5) develop and practice healthy life skills, including
goal-setting, decisionmaking, negotiation, communication, and
stress management;
(6) promote self-esteem and positive interpersonal skills
focusing on relationship dynamics, including friendships,
dating, romantic involvement, marriage and family interactions;
and
(7) prepare for the adult world by focusing on educational
and career success, including developing skills for employment
preparation, job seeking, independent living, financial self-
sufficiency, and workplace productivity.
SEC. 803. SENSE OF CONGRESS.
It is the sense of Congress that while States are not required
under this title to provide matching funds, with respect to grants
authorized under section 802(a), they are encouraged to do so.
SEC. 804. EVALUATION OF PROGRAMS.
(a) In General.--For the purpose of evaluating the effectiveness of
programs of family life education carried out with a grant under
section 802, evaluations of such program shall be carried out in
accordance with subsections (b) and (c).
(b) National Evaluation.--
(1) In general.--The Secretary shall provide for a national
evaluation of a representative sample of programs of family
life education carried out with grants under section 802. A
condition for the receipt of such a grant is that the State
involved agree to cooperate with the evaluation. The purposes
of the national evaluation shall be the determination of--
(A) the effectiveness of such programs in helping
to delay the initiation of sexual intercourse and other
high-risk behaviors;
(B) the effectiveness of such programs in
preventing adolescent pregnancy;
(C) the effectiveness of such programs in
preventing sexually transmitted disease, including HIV/
AIDS;
(D) the effectiveness of such programs in
increasing contraceptive knowledge and contraceptive
behaviors when sexual intercourse occurs; and
(E) a list of best practices based upon essential
programmatic components of evaluated programs that have
led to success in subparagraphs (A) through (D).
(2) Report.--A report providing the results of the national
evaluation under paragraph (1) shall be submitted to Congress
not later than March 31, 2011, with an interim report provided
on an annual basis at the end of each fiscal year.
(c) Individual State Evaluations.--
(1) In general.--A condition for the receipt of a grant
under section 802 is that the State involved agree to provide
for the evaluation of the programs of family education carried
out with the grant in accordance with the following:
(A) The evaluation will be conducted by an
external, independent entity.
(B) The purposes of the evaluation will be the
determination of--
(i) the effectiveness of such programs in
helping to delay the initiation of sexual
intercourse and other high-risk behaviors;
(ii) the effectiveness of such programs in
preventing adolescent pregnancy;
(iii) the effectiveness of such programs in
preventing sexually transmitted disease,
including HIV/AIDS; and
(iv) the effectiveness of such programs in
increasing contraceptive knowledge and
contraceptive behaviors when sexual intercourse
occurs.
(2) Use of grant.--A condition for the receipt of a grant
under section 802 is that the State involved agree that not
more than 10 percent of the grant will be expended for the
evaluation under paragraph (1).
SEC. 805. DEFINITIONS.
For purposes of this title:
(1) The term ``eligible State'' means a State that submits
to the Secretary an application for a grant under section 802
that is in such form, is made in such manner, and contains such
agreements, assurances, and information as the Secretary
determines to be necessary to carry out this title.
(2) The term ``HIV/AIDS'' means the human immunodeficiency
virus, and includes acquired immune deficiency syndrome.
(3) The term ``medically accurate'', with respect to
information, means information that is supported by research,
recognized as accurate and objective by leading medical,
psychological, psychiatric, and public health organizations and
agencies, and where relevant, published in peer review
journals.
(4) The term ``Secretary'' means the Secretary of Health
and Human Services.
SEC. 806. APPROPRIATIONS.
(a) In General.--For the purpose of carrying out this title, there
are authorized to be appropriated such sums as may be necessary for
each of the fiscal years 2008 through 2012.
(b) Allocations.--Of the amounts appropriated under subsection (a)
for a fiscal year--
(1) not more than 7 percent may be used for the
administrative expenses of the Secretary in carrying out this
title for that fiscal year; and
(2) not more than 10 percent may be used for the national
evaluation under section 804(b).
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