II 

112TH CONGRESS 

1ST SESSION S. 1782 

To provide for the reduction of unintended pregnancy and sexually transmitted infections, including HIV, and the promotion of healthy relationships, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 2, 2011 

Mr. LAUTENBERG (for himself, Mr. KERRY, Mr. MENENDEZ, Mr. 

BLUMENTHAL, Mr. AKAKA, Mr. FRANKEN, and Mr. DURBIN) 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 purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Real Education for 

5 Healthy Youth Act of 2011’’. 

6 SEC. 2. PURPOSES; SENSE OF CONGRESS. 

7 (a) PURPOSE.—The purposes of this Act are— 


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1 (1) to provide young people with comprehensive 

2 sex education that— 

3 (A) provides the information and skills 

4 young people need to make informed, respon5 sible, and healthy decisions in order to become 

6 sexually healthy adults and have healthy rela7 tionships; 

8 (B) provides information about the preven9 tion of unintended pregnancy, sexually trans10 mitted infections, including HIV, sexual assault, 

11 dating violence, bullying, and harassment; and 

12 (C) promotes and upholds the rights of 

13 young people to information in order to make 

14 healthy and responsible decisions about their 

15 sexual health; and 

16 (2) in order to provide the comprehensive sex 

17 education described in paragraph (1), to provide in18 creased resources for sex education programs that— 

19 (A) are evidence-based, having been proven 

20 through rigorous evaluation to change sexual 

21 behavior or incorporate characteristics of effec22 tive programs; 

23 (B) cover a broad range of topics, includ24 ing medically accurate, complete, age and devel25 opmentally appropriate information about all 


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1 the aspects of sex needed for a complete sex 

2 education program, including— 

3 (i) anatomy and physiology; 

4 (ii) growth and development; 

5 (iii) healthy relationships; 

6 (iv) the prevention of unintended 

7 pregnancy and sexually transmitted infec8 tions, including HIV, through abstinence 

9 and contraception; 

10 (v) gender, gender identity, and sexual 

11 orientation; and 

12 (vi) protection from dating violence, 

13 sexual assault, bullying, and harassment; 

14 (C) are gender- and gender identity-sen15 sitive, emphasizing the importance of equality 

16 and the social environment for achieving sexual 

17 and reproductive health and overall well-being; 

18 (D) promote educational achievement, crit19 ical thinking, decisionmaking, self-esteem, and 

20 self-efficacy; 

21 (E) help develop healthy attitudes and in22 sights necessary for understanding relationships 

23 between oneself and others and society; 

24 (F) foster leadership skills and community 

25 engagement by— 


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1 (i) promoting principles of fairness, 

2 human dignity, and respect; and 

3 (ii) engaging young people as partners 

4 in their communities; and 

5 (G) are culturally and linguistically appro6 priate, reflecting the diverse circumstances and 

7 realities of young people. 

8 (b) SENSE OF CONGRESS.—It is the sense of Con9 gress that— 

10 (1) federally funded sex education programs 

11 should aim to— 

12 (A) reduce unintended pregnancy and sex13 ually transmitted infections, including HIV; 

14 (B) promote safe and healthy relation15 ships; 

16 (C) use, and be informed by, the best sci17 entific information available; 

18 (D) be built on characteristics of effective 

19 programs; 

20 (E) expand the existing body of evidence 

21 on comprehensive sex education programs 

22 through program evaluation; 

23 (F) expand training programs for teachers 

24 of comprehensive sex education; 


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1 (G) build on the personal responsibility 

2 education programs funded under section 513 

3 of the Social Security Act (42 U.S.C. 713) and 

4 the President’s Teen Pregnancy Prevention pro5 gram, funded under title II of the Consolidated 

6 Appropriations Act, 2010 (Public Law 111– 

7 117; 123 Stat. 3253); and 

8 (H) promote and uphold the rights of 

9 young people to information in order to make 

10 healthy and responsible decisions about their 

11 sexual health; and 

12 (2) no Federal funds should be used for health 

13 education programs that— 

14 (A) deliberately withhold life-saving infor15 mation about HIV; 

16 (B) are medically inaccurate or have been 

17 scientifically shown to be ineffective; 

18 (C) promote gender stereotypes; 

19 (D) are insensitive and unresponsive to the 

20 needs of sexually active adolescents; 

21 (E) are insensitive and unresponsive to the 

22 needs of lesbian, gay, bisexual, or transgender 

23 youth; or 

24 (F) are inconsistent with the ethical im25 peratives of medicine and public health. 


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1 SEC. 3. GRANTS FOR COMPREHENSIVE SEX EDUCATION 

2 FOR ADOLESCENTS. 

3 (a) PROGRAM AUTHORIZED.—The Secretary, in co4 ordination with the Director of the Office of Adolescent 

5 Health, shall award grants, on a competitive basis, to eligi6 ble entities to enable such eligible entities to carry out pro7 grams that provide adolescents with comprehensive sex 

8 education, as described in subsection (f). 

9 (b) DURATION.—Grants awarded under this section 

10 shall be for a period of 5 years. 

11 (c) ELIGIBLE ENTITY.—In this section, the term ‘‘el12 igible entity’’ means a public or private entity that focuses 

13 on adolescent health or education or has experience work14 ing with adolescents, which may include— 

15 (1) a State educational agency; 

16 (2) a local educational agency; 

17 (3) a tribe or tribal organization, as defined in 

18 section 4 of the Indian Self-Determination and Edu19 cation Assistance Act (25 U.S.C. 450b); 

20 (4) a State or local department of health; 

21 (5) a State or local department of education; 

22 (6) a nonprofit organization; 

23 (7) a nonprofit or public institution of higher 

24 education; or 

25 (8) a hospital. 


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1 (d) APPLICATIONS.—An eligible entity desiring a 

2 grant under this section shall submit an application to the 

3 Secretary at such time, in such manner, and containing 

4 such information as the Secretary may require, including 

5 the evaluation plan described in subsection (g)(1). 

6 (e) PRIORITY.—In awarding grants under this sec7 tion, the Secretary shall give priority to eligible entities 

8 that— 

9 (1) are State or local public entities, with an 

10 additional priority for State or local educational 

11 agencies; and 

12 (2) address health disparities among young peo13 ple that are at highest risk for not less than 1 of 

14 the following: 

15 (A) Unintended pregnancies. 

16 (B) Sexually transmitted infections, includ17 ing HIV. 

18 (C) Dating violence and sexual assault. 

19 (f) USE OF FUNDS.— 

20 (1) IN GENERAL.—Each eligible entity that re21 ceives a grant under this section shall use grant 

22 funds to carry out a program that provides adoles23 cents with comprehensive sex education that— 

24 (A) replicates evidence-based sex education 

25 programs; 


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1 (B) substantially incorporates elements of 

2 evidence-based sex education programs; or 

3 (C) creates a demonstration project based 

4 on generally accepted characteristics of effective 

5 sex education programs. 

6 (2) CONTENTS OF SEX EDUCATION PRO7 GRAMS.—The sex education programs funded under 

8 this section shall include curricula and program ma9 terials that address— 

10 (A) abstinence and delaying sexual initi11 ation; 

12 (B) the health benefits and side effects of 

13 all contraceptive and barrier methods as a 

14 means to prevent pregnancy and sexually trans15 mitted infections, including HIV; 

16 (C) healthy relationships, including the de17 velopment of healthy attitudes and skills nec18 essary for understanding— 

19 (i) healthy relationships between one20 self and family, others, and society; and 

21 (ii) the prevention of sexual abuse, 

22 teen dating violence, bullying, harassment, 

23 and suicide; 

24 (D) healthy life skills including goal-set25 ting, decisionmaking, interpersonal skills (such 


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1 as communication, assertiveness, and peer re2 fusal skills), critical thinking, self-esteem and 

3 self-efficacy, and stress management; 

4 (E) how to make responsible decisions 

5 about sex and sexuality, including— 

6 (i) how to avoid, and how to avoid 

7 making, unwanted verbal, physical, and 

8 sexual advances; and 

9 (ii) how alcohol and drug use can af10 fect responsible decisionmaking; 

11 (F) the development of healthy attitudes 

12 and values about such topics as adolescent 

13 growth and development, body image, gender 

14 roles and gender identity, racial and ethnic di15 versity, and sexual orientation; and 

16 (G) referral services for local health clinics 

17 and services where adolescents can obtain addi18 tional information and services related to sexual 

19 and reproductive health, dating violence and 

20 sexual assault, and suicide prevention. 

21 (g) EVALUATION; REPORT.— 

22 (1) INDEPENDENT EVALUATION.—Each eligible 

23 entity applying for a grant under this section shall 

24 develop and submit to the Secretary a plan for a rig25 orous independent evaluation of such grant program. 


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1 The plan shall describe an independent evaluation 

2 that— 

3 (A) uses sound statistical methods and 

4 techniques relating to the behavioral sciences, 

5 including random assignment methodologies, 

6 whenever possible; 

7 (B) uses quantitative data for assessments 

8 and impact evaluations, whenever possible; and 

9 (C) is carried out by an entity independent 

10 from such eligible entity. 

11 (2) SELECTION OF EVALUATED PROGRAMS; 

12 BUDGET.— 

13 (A) SELECTION OF EVALUATED PRO14 GRAMS.—The Secretary shall select, at random, 

15 a subset of the eligible entities that the Sec16 retary has selected to receive a grant under this 

17 section to receive additional funding to carry 

18 out the evaluation plan described in paragraph 

19 (1). 

20 (B) BUDGET FOR EVALUATION ACTIVI21 TIES.—The Secretary, in coordination with the 

22 Director of the Office of Adolescent Health, 

23 shall establish a budget for each eligible entity 

24 selected under subparagraph (A) for the costs 


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1 of carrying out the evaluation plan described in 

2 paragraph (1). 

3 (3) FUNDS FOR EVALUATION.—The Secretary 

4 shall provide eligible entities who are selected under 

5 paragraph (2)(A) with additional funds, in accord6 ance with the budget described in paragraph (2)(B), 

7 to carry out and report to the Secretary on the eval8 uation plan described in paragraph (1). 

9 (4) PERFORMANCE MEASURES.—The Secretary, 

10 in coordination with the Director of the Centers for 

11 Disease Control and Prevention, shall establish a 

12 common set of performance measures to assess the 

13 implementation and impact of grant programs fund14 ed under this section. Such Performance measures 

15 shall include— 

16 (A) output measures, such as the number 

17 of individuals served and the number of hours 

18 of service delivery; 

19 (B) outcome measures, including measures 

20 relating to— 

21 (i) the knowledge that youth partici22 pating in the grant program have gained 

23 about— 

24 (I) adolescent growth and devel25 opment; 


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1 (II) relationship dynamics; 

2 (III) ways to prevent unintended 

3 pregnancy and sexually transmitted 

4 infections, including HIV; and 

5 (IV) sexual health; 

6 (ii) the skills that adolescents partici7 pating in the grant program have gained 

8 regarding— 

9 (I) negotiation and communica10 tion; 

11 (II) decisionmaking and goal-set12 ting; 

13 (III) interpersonal skills and 

14 healthy relationships; and 

15 (IV) condom use; and 

16 (iii) the behaviors of adolescents par17 ticipating in the grant program, including 

18 data about— 

19 (I) age of first intercourse; 

20 (II) number of sexual partners; 

21 (III) condom and contraceptive 

22 use at first intercourse; 

23 (IV) recent condom and contra24 ceptive use; and 


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1 (V) dating abuse and lifetime his2 tory of domestic violence, sexual as3 sault, dating violence, bullying, har4 assment, and stalking. 

5 (5) REPORT TO THE SECRETARY.—Eligible en6 tities receiving a grant under this section who have 

7 been selected to receive funds to carry out the eval8 uation plan described in paragraph (1), in accord9 ance with paragraph (2)(A), shall collect and report 

10 to the Secretary— 

11 (A) the results of the independent evalua12 tion described in paragraph (1); and 

13 (B) information about the performance 

14 measures described in paragraph (2). 

15 (6) EFFECTIVE PROGRAMS.—The Secretary, in 

16 coordination with the Director of the Centers for 

17 Disease Control and Prevention, shall publish on the 

18 website of the Centers for Disease Control and Pre19 vention, a list of programs funded under this section 

20 that the Secretary has determined to be effective 

21 programs. 

22 SEC. 4. GRANTS FOR COMPREHENSIVE SEX EDUCATION AT 

23 INSTITUTIONS OF HIGHER EDUCATION. 

24 (a) PROGRAM AUTHORIZED.—The Secretary, in co25 ordination with the Office of Adolescent Health and the 


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1 Secretary of Education, shall award grants, on a competi2 tive basis, to institutions of higher education to enable 

3 such institutions to provide young people with comprehen4 sive sex education, described in subsection (e)(2), with an 

5 emphasis on reducing HIV, other sexually transmitted in6 fections, and unintended pregnancy through instruction 

7 about— 

8 (1) abstinence and contraception; 

9 (2) reducing dating violence, sexual assault, 

10 bullying, and harassment; 

11 (3) increasing healthy relationships; and 

12 (4) academic achievement. 

13 (b) DURATION.—Grants awarded under this section 

14 shall be for a period of 5 years. 

15 (c) APPLICATIONS.—An institution of higher edu16 cation desiring a grant under this section shall submit an 

17 application to the Secretary at such time, in such manner, 

18 and containing such information as the Secretary may re19 quire. 

20 (d) PRIORITY.—In awarding grants under this sec21 tion, the Secretary shall give priority to an institution of 

22 higher education that— 

23 (1) has an enrollment of needy students as de24 fined in section 318(b) of the Higher Education Act 

25 of 1965 (20 U.S.C. 1059e(b)); 


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1 (2) is a Hispanic-serving institution, as defined 

2 in section 502(a) of such Act (20 U.S.C. 1101a(a)); 

3 (3) is a Tribal College or University, as defined 

4 in section 316(b) of such Act (20 U.S.C. 1059c(b)); 

5 (4) is an Alaska Native-serving institution, as 

6 defined in section 317(b) of such Act (20 U.S.C. 

7 1059d(b)); 

8 (5) is a Native Hawaiian-serving institution, as 

9 defined in section 317(b) of such Act (20 U.S.C. 

10 1059d(b)); 

11 (6) is a Predominately Black Institution, as de12 fined in section 318(b) of such Act (20 U.S.C. 

13 1059e(b)); 

14 (7) is a Native American-serving, nontribal in15 stitution, as defined in section 319(b) of such Act 

16 (20 U.S.C. 1059f(b)); 

17 (8) is an Asian American and Native American 

18 Pacific Islander-serving institution, as defined in 

19 section 320(b) of such Act (20 U.S.C. 1059g(b)); or 

20 (9) is a minority institution, as defined in sec21 tion 365 of such Act (20 U.S.C. 1067k), with an en22 rollment of needy students, as defined in section 312 

23 of such Act (20 U.S.C. 1058). 

24 (e) USES OF FUNDS.— 


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1 (1) IN GENERAL.—An institution of higher edu2 cation receiving a grant under this section may use 

3 grant funds to integrate issues relating to com4 prehensive sex education into the academic or sup5 port sectors of the institution of higher education in 

6 order to reach a large number of students, by car7 rying out 1 or more of the following activities: 

8 (A) Developing educational content for 

9 issues relating to comprehensive sex education 

10 that will be incorporated into first-year orienta11 tion or core courses. 

12 (B) Developing and employing schoolwide 

13 educational programming outside of class that 

14 delivers elements of comprehensive sex edu15 cation programs to students, faculty, and staff. 

16 (C) Creating innovative technology-based 

17 approaches to deliver sex education to students, 

18 faculty, and staff. 

19 (D) Developing and employing peer-out20 reach and education programs to generate dis21 cussion, educate, and raise awareness among 

22 students about issues relating to comprehensive 

23 sex education. 

24 (2) CONTENTS OF SEX EDUCATION PRO25 GRAMS.—Each institution of higher education’s proVerDate Mar 15 2010 23:22 Nov 03, 2011 Jkt 019200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S1782.IS S1782

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1 gram of comprehensive sex education funded under 

2 this section shall include curricula and program ma3 terials that address information about— 

4 (A) safe and responsible sexual behavior 

5 with respect to the prevention of pregnancy and 

6 sexually transmitted infections, including HIV, 

7 including through— 

8 (i) abstinence; 

9 (ii) a reduced number of sexual part10 ners; and 

11 (iii) the use of condoms and contra12 ception; 

13 (B) healthy relationships, including the de14 velopment of healthy attitudes and insights nec15 essary for understanding— 

16 (i) relationships between oneself, fam17 ily, partners, others, and society; and 

18 (ii) the prevention of sexual abuse, 

19 dating violence, bullying, harassment, and 

20 suicide; and 

21 (C) referral services to local health clinics 

22 where young people can obtain additional infor23 mation and services related to sexual and repro24 ductive health, dating violence and sexual as25 sault, and suicide prevention. 


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1 (3) OPTIONAL COMPONENTS OF SEX EDU2 CATION.—Each institution of higher education’s pro3 gram of comprehensive sex education may also in4 clude information and skills development relating 

5 to— 

6 (A) how to make responsible decisions 

7 about sex and sexuality, including— 

8 (i) how to avoid, and avoid making, 

9 unwanted verbal, physical, and sexual ad10 vances; and 

11 (ii) how alcohol and drug use can af12 fect responsible decisionmaking; 

13 (B) healthy life skills, including— 

14 (i) goal-setting and decisionmaking; 

15 (ii) interpersonal skills, such as com16 munication, assertiveness, and peer refusal 

17 skills; 

18 (iii) critical thinking; 

19 (iv) self-esteem and self-efficacy; and 

20 (v) stress management; 

21 (C) the development of healthy attitudes 

22 and values about such topics as body image, 

23 gender roles and gender identity, racial and eth24 nic diversity, and sexual orientation; and 


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1 (D) the responsibilities of parenting and 

2 the skills necessary to parent well. 

3 (f) EVALUATION; REPORT.—The requirements de4 scribed in section 3(g) shall also apply to eligible entities 

5 receiving a grant under this section in the same manner 

6 as such requirements apply to eligible entities receiving 

7 grants under section 3. 

8 SEC. 5. GRANTS FOR PRE-SERVICE AND IN-SERVICE TEACH9 ER TRAINING. 

10 (a) PROGRAM AUTHORIZED.—The Secretary, in co11 ordination with the Director of the Centers for Disease 

12 Control and Prevention and the Secretary of Education, 

13 shall award grants, on a competitive basis, to eligible enti14 ties to enable such eligible entities to carry out the activi15 ties described in subsection (f). 

16 (b) DURATION.—Grants awarded under this section 

17 shall be for a period of 5 years. 

18 (c) ELIGIBLE ENTITY.—In this section, the term ‘‘el19 igible entity’’ means— 

20 (1) a State educational agency; 

21 (2) a local educational agency; 

22 (3) a tribe or tribal organization, as defined in 

23 section 4 of the Indian Self-Determination and Edu24 cation Assistance Act (25 U.S.C. 450b); 

25 (4) a State or local department of health; 


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1 (5) a State or local department of education; 

2 (6) a nonprofit institution of higher education; 

3 (7) a national or statewide nonprofit organiza4 tion that has as its primary purpose the improve5 ment of provision of comprehensive sex education 

6 through effective teaching of comprehensive sex edu7 cation; or 

8 (8) a consortium of nonprofit organizations that 

9 has as its primary purpose the improvement of pro10 vision of comprehensive sex education through effec11 tive teaching of comprehensive sex education. 

12 (d) APPLICATION.—An eligible entity desiring a 

13 grant under this section shall submit an application to the 

14 Secretary at such time, in such manner, and containing 

15 such information as the Secretary may require. 

16 (e) AUTHORIZED ACTIVITIES.— 

17 (1) REQUIRED ACTIVITY.—Each eligible entity 

18 receiving a grant under this section shall use grant 

19 funds to train targeted faculty and staff, in order to 

20 increase effective teaching of comprehensive sex edu21 cation for elementary school and secondary school 

22 students. 

23 (2) PERMISSIBLE ACTIVITIES.—Each eligible 

24 entity receiving a grant under this section may use 

25 grant funds to— 


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1 (A) strengthen and expand the eligible en2 tity’s relationships with— 

3 (i) institutions of higher education; 

4 (ii) State educational agencies; 

5 (iii) local educational agencies; or 

6 (iv) other public and private organiza7 tions with a commitment to comprehensive 

8 sex education and the benefits of com9 prehensive sex education; 

10 (B) support and promote research-based 

11 training of teachers of comprehensive sex edu12 cation and related disciplines in elementary 

13 schools and secondary schools as a means of 

14 broadening student knowledge about issues re15 lated to human development, relationships, per16 sonal skills, sexual behavior, sexual health, and 

17 society and culture; 

18 (C) support the dissemination of informa19 tion on effective practices and research findings 

20 concerning the teaching of comprehensive sex 

21 education; 

22 (D) support research on— 

23 (i) effective comprehensive sex edu24 cation teaching practices; and 


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1 (ii) the development of assessment in2 struments and strategies to document— 

3 (I) student understanding of 

4 comprehensive sex education; and 

5 (II) the effects of comprehensive 

6 sex education; 

7 (E) convene national conferences on com8 prehensive sex education, in order to effectively 

9 train teachers in the provision of comprehensive 

10 sex education; and 

11 (F) develop and disseminate appropriate 

12 research-based materials to foster comprehen13 sive sex education. 

14 (3) SUBGRANTS.—Each eligible entity receiving 

15 a grant under this section may award subgrants to 

16 nonprofit organizations, State educational agencies, 

17 or local educational agencies to enable such organi18 zations or agencies to— 

19 (A) train teachers in comprehensive sex 

20 education; 

21 (B) support Internet or distance learning 

22 related to comprehensive sex education; 

23 (C) promote rigorous academic standards 

24 and assessment techniques to guide and measVerDate Mar 15 2010 23:22 Nov 03, 2011 Jkt 019200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\S1782.IS S1782

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1 ure student performance in comprehensive sex 

2 education; 

3 (D) encourage replication of best practices 

4 and model programs to promote comprehensive 

5 sex education; 

6 (E) develop and disseminate effective, re7 search-based comprehensive sex education 

8 learning materials; 

9 (F) develop academic courses on the peda10 gogy of sex education at institutions of higher 

11 education; or 

12 (G) convene State-based conferences to 

13 train teachers in comprehensive sex education 

14 and to identify strategies for improvement. 

15 SEC. 6. REPORT TO CONGRESS. 

16 (a) IN GENERAL.—Not later than 1 year after the 

17 date of the enactment of this Act, and annually thereafter 

18 for a period of 5 years, the Secretary shall prepare and 

19 submit to the appropriate committees of Congress a report 

20 on the activities to provide adolescents and young people 

21 with comprehensive sex education funded under this Act. 

22 (b) REPORT ELEMENTS.—The report described in 

23 subsection (a) shall include— 

24 (1) a statement of whether the Secretary has 

25 met the purposes described in section 2; and 


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1 (2) information about— 

2 (A) the number of eligible entities and in3 stitutions of higher education that are receiving 

4 grant funds under sections 3 and 4 of this Act; 

5 (B) the specific activities supported by 

6 grant funds awarded under sections 3 and 4 of 

7 this Act; 

8 (C) the number of adolescents served by 

9 grant programs funded under section 3; 

10 (D) the number of young people served by 

11 grant programs funded under section 4; and 

12 (E) the status of program evaluations de13 scribed under sections 3 and 4 of this Act. 

14 SEC. 7. NONDISCRIMINATION. 

15 Programs funded under this Act shall not discrimi16 nate on the basis of actual or perceived sex, race, color, 

17 ethnicity, national origin, disability, sexual orientation, 

18 gender identity, or religion. Nothing in this Act shall be 

19 construed to invalidate or limit rights, remedies, proce20 dures, or legal standards available to victims of discrimi21 nation under any other Federal law or any law of a State 

22 or a political subdivision of a State, including title VI of 

23 the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), 

24 title IX of the Education Amendments of 1972 (20 U.S.C. 

25 1681 et seq.), section 504 of the Rehabilitation Act of 


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1 1973 (29 U.S.C. 794), the Americans with Disabilities Act 

2 of 1990 (42 U.S.C. 12101 et seq.), and section 1557 of 

3 the Patient Protection and Affordable Care Act (42 

4 U.S.C. 18116). 

5 SEC. 8. LIMITATION. 

6 No Federal funds provided under this Act may be 

7 used for health education programs that— 

8 (1) deliberately withhold life-saving information 

9 about HIV; 

10 (2) are medically inaccurate or have been sci11 entifically shown to be ineffective; 

12 (3) promote gender stereotypes; 

13 (4) are insensitive and unresponsive to the 

14 needs of sexually active youth or lesbian, gay, bisex15 ual, or transgender youth; or 

16 (5) are inconsistent with the ethical imperatives 

17 of medicine and public health. 

18 SEC. 9. AMENDMENTS TO OTHER LAWS. 

19 (a) AMENDMENT TO THE PUBLIC HEALTH SERVICE

20 ACT.—Section 2500 of the Public Health Service Act (42 

21 U.S.C. 300ee) is amended— 

22 (1) by striking subsection (c); and 

23 (2) by redesignating subsection (d) as sub24 section (c). 


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1 (b) AMENDMENTS TO THE ELEMENTARY AND SEC2 ONDARY EDUCATION ACT OF 1965.—Section 9526(a) of 

3 the Elementary and Secondary Education Act of 1965 (20 

4 U.S.C. 7906(a)) is amended— 

5 (1) in paragraph (2) by inserting ‘‘or’’ after the 

6 semicolon; 

7 (2) in paragraph (3) by striking ‘‘; or’’ and in8 serting a period; and 

9 (3) by striking paragraph (4). 

10 SEC. 10. DEFINITIONS. 

11 In this Act: 

12 (1) ESEA DEFINITIONS.—The terms ‘‘elemen13 tary school’’, ‘‘local educational agency’’, ‘‘secondary 

14 school’’, and ‘‘State educational agency’’ have the 

15 meanings given the terms in section 9101 of the Ele16 mentary and Secondary Education Act of 1965 (20 

17 U.S.C. 7801). 

18 (2) AGE AND DEVELOPMENTALLY APPRO19 PRIATE.—The term ‘‘age and developmentally appro20 priate’’ means suitable for a particular age or age 

21 group of children and adolescents, based on devel22 oping cognitive, emotional, and behavioral capacity 

23 typical for that age or age group. 

24 (3) ADOLESCENTS.—The term ‘‘adolescents’’ 

25 means individuals who are ages 10 through 19 at 


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1 the time of commencement of participation in a pro2 gram supported under this Act. 

3 (4) CHARACTERISTICS OF EFFECTIVE PRO4 GRAMS.—The term ‘‘characteristics of effective pro5 grams’’ means the aspects of evidence-based pro6 grams, including development, content, and imple7 mentation of such programs, that— 

8 (A) have been shown to be effective in 

9 terms of increasing knowledge, clarifying values 

10 and attitudes, increasing skills, and impacting 

11 upon behavior; and 

12 (B) are widely recognized by leading med13 ical and public health agencies to be effective in 

14 changing sexual behaviors that lead to sexually 

15 transmitted infections, including HIV, unin16 tended pregnancy, and dating violence and sex17 ual assault among young people. 

18 (5) COMPREHENSIVE SEX EDUCATION.—The 

19 term ‘‘comprehensive sex education’’ means a pro20 gram that— 

21 (A) includes age- and developmentally ap22 propriate, culturally and linguistically relevant 

23 information on a broad set of topics related to 

24 sexuality including human development, rela25 tionships, decisionmaking, communication, abVerDate Mar 15 2010 23:22 Nov 03, 2011 Jkt 019200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S1782.IS S1782

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1 stinence, contraception, and disease and preg2 nancy prevention; 

3 (B) provides students with opportunities 

4 for developing skills as well as learning informa5 tion; 

6 (C) is inclusive of lesbian, gay, bisexual, 

7 transgender, and heterosexual young people; 

8 and 

9 (D) aims to— 

10 (i) provide scientifically accurate and 

11 realistic information about human sexu12 ality; 

13 (ii) provide opportunities for individ14 uals to understand their own, their fami15 lies’, and their communities’ values, atti16 tudes, and insights about sexuality; 

17 (iii) help individuals develop healthy 

18 relationships and interpersonal skills; and 

19 (iv) help individuals exercise responsi20 bility regarding sexual relationships, which 

21 includes addressing abstinence, pressures 

22 to become prematurely involved in sexual 

23 intercourse, and the use of contraception 

24 and other sexual health measures. 


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1 (6) EVIDENCE-BASED PROGRAM.—The term 

2 ‘‘evidence-based program’’ means a sex education 

3 program that has been proven through rigorous eval4 uation to be effective in changing sexual behavior or 

5 incorporates elements of other sex education pro6 grams that have been proven to be effective in 

7 changing sexual behavior. 

8 (7) INSTITUTION OF HIGHER EDUCATION.—The 

9 term ‘‘institution of higher education’’ has the 

10 meaning given the term in section 101 of the Higher 

11 Education Act of 1965 (20 U.S.C. 1001). 

12 (8) MEDICALLY ACCURATE AND COMPLETE.— 

13 The term ‘‘medically accurate and complete’’, when 

14 used with respect to a sex education program, means 

15 that— 

16 (A) the information provided through the 

17 program is verified or supported by the weight 

18 of research conducted in compliance with ac19 cepted scientific methods and is published in 

20 peer-reviewed journals, where applicable; or 

21 (B)(i) the program contains information 

22 that leading professional organizations and 

23 agencies with relevant expertise in the field rec24 ognize as accurate, objective, and complete; and 


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1 (ii) the program does not withhold infor2 mation about the effectiveness and benefits of 

3 correct and consistent use of condoms and 

4 other contraceptives. 

5 (9) SECRETARY.—The term ‘‘Secretary’’ means 

6 the Secretary of Health and Human Services. 

7 (10) YOUNG PEOPLE.—The term ‘‘young peo8 ple’’ means individuals who are ages 10 through 24 

9 at the time of commencement of participation in a 

10 program supported under this Act. 

11 SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 

12 There are authorized to be appropriated to carry out 

13 this Act such sums as may be necessary. 

Æ 


srobinson on DSK4SPTVN1PROD with BILLS