I 

112TH CONGRESS 

1ST SESSION H. R. 3324 

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 HOUSE OF REPRESENTATIVES 

NOVEMBER 2, 2011 

Ms. LEE of California (for herself, Mr. MCGOVERN, Ms. SLAUGHTER, Mr. 

ACKERMAN, Ms. SCHAKOWSKY, Mrs. MALONEY, Mr. FATTAH, Mr. GRIJALVA, Mr. JACKSON of Illinois, Ms. HIRONO, Mr. LARSEN of Washington, Mr. CLAY, Ms. CHU, Ms. NORTON, Mr. TOWNS, Ms. MOORE, Ms. 

CLARKE of New York, Ms. DEGETTE, Mr. RUSH, Mr. CONYERS, Mr. 

LEWIS of Georgia, Mr. HOLT, Mr. QUIGLEY, Mr. HASTINGS of Florida, 

Ms. WOOLSEY, Mr. BLUMENAUER, and Ms. DELAURO) introduced the 

following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Education and the Workforce, 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 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, 


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1 SECTION 1. SHORT TITLE. 

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

3 Healthy Youth Act of 2011’’. 

4 SEC. 2. PURPOSES; SENSE OF CONGRESS. 

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

6 (1) to provide young people with comprehensive 

7 sex education that— 

8 (A) provides the information and skills 

9 young people need to make informed, respon10 sible, and healthy decisions in order to become 

11 sexually healthy adults and have healthy rela12 tionships; 

13 (B) provides information about the preven14 tion of unintended pregnancy, sexually trans15 mitted infections, including HIV, sexual assault, 

16 dating violence, bullying, and harassment; and 

17 (C) promotes and upholds the rights of 

18 young people to information in order to make 

19 healthy and responsible decisions about their 

20 sexual health; and 

21 (2) in order to provide the comprehensive sex 

22 education described in paragraph (1), to provide in23 creased resources for sex education programs that— 

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

25 through rigorous evaluation to change sexual 


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1 behavior or incorporate characteristics of effec2 tive programs; 

3 (B) cover a broad range of topics, includ4 ing medically accurate, complete, age and devel5 opmentally appropriate information about all 

6 the aspects of sex needed for a complete sex 

7 education program, including— 

8 (i) anatomy and physiology; 

9 (ii) growth and development; 

10 (iii) healthy relationships; 

11 (iv) the prevention of unintended 

12 pregnancy and sexually transmitted infec13 tions, including HIV, through abstinence 

14 and contraception; 

15 (v) gender, gender identity, and sexual 

16 orientation; and 

17 (vi) protection from dating violence, 

18 sexual assault, bullying, and harassment; 

19 (C) are gender- and gender identity-sen20 sitive, emphasizing the importance of equality 

21 and the social environment for achieving sexual 

22 and reproductive health and overall well-being; 

23 (D) promote educational achievement, crit24 ical thinking, decisionmaking, self-esteem, and 

25 self-efficacy; 


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1 (E) help develop healthy attitudes and in2 sights necessary for understanding relationships 

3 between oneself and others and society; 

4 (F) foster leadership skills and community 

5 engagement by— 

6 (i) promoting principles of fairness, 

7 human dignity, and respect; and 

8 (ii) engaging young people as partners 

9 in their communities; and 

10 (G) are culturally and linguistically appro11 priate, reflecting the diverse circumstances and 

12 realities of young people. 

13 (b) SENSE OF CONGRESS.—It is the sense of Con14 gress that— 

15 (1) federally funded sex education programs 

16 should aim to— 

17 (A) reduce unintended pregnancy and sex18 ually transmitted infections, including HIV; 

19 (B) promote safe and healthy relation20 ships; 

21 (C) use, and be informed by, the best sci22 entific information available; 

23 (D) be built on characteristics of effective 

24 programs; 


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1 (E) expand the existing body of evidence 

2 on comprehensive sex education programs 

3 through program evaluation; 

4 (F) expand training programs for teachers 

5 of comprehensive sex education; 

6 (G) build on the personal responsibility 

7 education programs funded under section 513 

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

9 the President’s Teen Pregnancy Prevention pro10 gram, funded under title II of the Consolidated 

11 Appropriations Act, 2010 (Public Law 111– 

12 117; 123 Stat. 3253); and 

13 (H) promote and uphold the rights of 

14 young people to information in order to make 

15 healthy and responsible decisions about their 

16 sexual health; and 

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

18 education programs that— 

19 (A) deliberately withhold life-saving infor20 mation about HIV; 

21 (B) are medically inaccurate or have been 

22 scientifically shown to be ineffective; 

23 (C) promote gender stereotypes; 

24 (D) are insensitive and unresponsive to the 

25 needs of sexually active adolescents; 


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1 (E) are insensitive and unresponsive to the 

2 needs of lesbian, gay, bisexual, or transgender 

3 youth; or 

4 (F) are inconsistent with the ethical im5 peratives of medicine and public health. 

6 SEC. 3. GRANTS FOR COMPREHENSIVE SEX EDUCATION 

7 FOR ADOLESCENTS. 

8 (a) PROGRAM AUTHORIZED.—The Secretary, in co9 ordination with the Director of the Office of Adolescent 

10 Health, shall award grants, on a competitive basis, to eligi11 ble entities to enable such eligible entities to carry out pro12 grams that provide adolescents with comprehensive sex 

13 education, as described in subsection (f). 

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

15 shall be for a period of 5 years. 

16 (c) ELIGIBLE ENTITY.—In this section, the term ‘‘el17 igible entity’’ means a public or private entity that focuses 

18 on adolescent health or education or has experience work19 ing with adolescents, which may include— 

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 organization; 

3 (7) a nonprofit or public institution of higher 

4 education; or 

5 (8) a hospital. 

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

7 grant under this section shall submit an application to the 

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

9 such information as the Secretary may require, including 

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

11 (e) PRIORITY.—In awarding grants under this sec12 tion, the Secretary shall give priority to eligible entities 

13 that— 

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

15 additional priority for State or local educational 

16 agencies; and 

17 (2) address health disparities among young peo18 ple that are at highest risk for not less than 1 of 

19 the following: 

20 (A) Unintended pregnancies. 

21 (B) Sexually transmitted infections, includ22 ing HIV. 

23 (C) Dating violence and sexual assault. 

24 (f) USE OF FUNDS.— 


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1 (1) IN GENERAL.—Each eligible entity that re2 ceives a grant under this section shall use grant 

3 funds to carry out a program that provides adoles4 cents with comprehensive sex education that— 

5 (A) replicates evidence-based sex education 

6 programs; 

7 (B) substantially incorporates elements of 

8 evidence-based sex education programs; or 

9 (C) creates a demonstration project based 

10 on generally accepted characteristics of effective 

11 sex education programs. 

12 (2) CONTENTS OF SEX EDUCATION PRO13 GRAMS.—The sex education programs funded under 

14 this section shall include curricula and program ma15 terials that address— 

16 (A) abstinence and delaying sexual initi17 ation; 

18 (B) the health benefits and side effects of 

19 all contraceptive and barrier methods as a 

20 means to prevent pregnancy and sexually trans21 mitted infections, including HIV; 

22 (C) healthy relationships, including the de23 velopment of healthy attitudes and skills nec24 essary for understanding— 


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1 (i) healthy relationships between one2 self and family, others, and society; and 

3 (ii) the prevention of sexual abuse, 

4 teen dating violence, bullying, harassment, 

5 and suicide; 

6 (D) healthy life skills including goal-set7 ting, decisionmaking, interpersonal skills (such 

8 as communication, assertiveness, and peer re9 fusal skills), critical thinking, self-esteem and 

10 self-efficacy, and stress management; 

11 (E) how to make responsible decisions 

12 about sex and sexuality, including— 

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

14 making, unwanted verbal, physical, and 

15 sexual advances; and 

16 (ii) how alcohol and drug use can af17 fect responsible decisionmaking; 

18 (F) the development of healthy attitudes 

19 and values about such topics as adolescent 

20 growth and development, body image, gender 

21 roles and gender identity, racial and ethnic di22 versity, and sexual orientation; and 

23 (G) referral services for local health clinics 

24 and services where adolescents can obtain addi25 tional information and services related to sexual 


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1 and reproductive health, dating violence and 

2 sexual assault, and suicide prevention. 

3 (g) EVALUATION; REPORT.— 

4 (1) INDEPENDENT EVALUATION.—Each eligible 

5 entity applying for a grant under this section shall 

6 develop and submit to the Secretary a plan for a rig7 orous independent evaluation of such grant program. 

8 The plan shall describe an independent evaluation 

9 that— 

10 (A) uses sound statistical methods and 

11 techniques relating to the behavioral sciences, 

12 including random assignment methodologies, 

13 whenever possible; 

14 (B) uses quantitative data for assessments 

15 and impact evaluations, whenever possible; and 

16 (C) is carried out by an entity independent 

17 from such eligible entity. 

18 (2) SELECTION OF EVALUATED PROGRAMS; 

19 BUDGET.— 

20 (A) SELECTION OF EVALUATED PRO21 GRAMS.—The Secretary shall select, at random, 

22 a subset of the eligible entities that the Sec23 retary has selected to receive a grant under this 

24 section to receive additional funding to carry 


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1 out the evaluation plan described in paragraph 

2 (1). 

3 (B) BUDGET FOR EVALUATION ACTIVI4 TIES.—The Secretary, in coordination with the 

5 Director of the Office of Adolescent Health, 

6 shall establish a budget for each eligible entity 

7 selected under subparagraph (A) for the costs 

8 of carrying out the evaluation plan described in 

9 paragraph (1). 

10 (3) FUNDS FOR EVALUATION.—The Secretary 

11 shall provide eligible entities who are selected under 

12 paragraph (2)(A) with additional funds, in accord13 ance with the budget described in paragraph (2)(B), 

14 to carry out and report to the Secretary on the eval15 uation plan described in paragraph (1). 

16 (4) PERFORMANCE MEASURES.—The Secretary, 

17 in coordination with the Director of the Centers for 

18 Disease Control and Prevention, shall establish a 

19 common set of performance measures to assess the 

20 implementation and impact of grant programs fund21 ed under this section. Such Performance measures 

22 shall include— 

23 (A) output measures, such as the number 

24 of individuals served and the number of hours 

25 of service delivery; 


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1 (B) outcome measures, including measures 

2 relating to— 

3 (i) the knowledge that youth partici4 pating in the grant program have gained 

5 about— 

6 (I) adolescent growth and devel7 opment; 

8 (II) relationship dynamics; 

9 (III) ways to prevent unintended 

10 pregnancy and sexually transmitted 

11 infections, including HIV; and 

12 (IV) sexual health; 

13 (ii) the skills that adolescents partici14 pating in the grant program have gained 

15 regarding— 

16 (I) negotiation and communica17 tion; 

18 (II) decisionmaking and goal-set19 ting; 

20 (III) interpersonal skills and 

21 healthy relationships; and 

22 (IV) condom use; and 

23 (iii) the behaviors of adolescents par24 ticipating in the grant program, including 

25 data about— 


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1 (I) age of first intercourse; 

2 (II) number of sexual partners; 

3 (III) condom and contraceptive 

4 use at first intercourse; 

5 (IV) recent condom and contra6 ceptive use; and 

7 (V) dating abuse and lifetime his8 tory of domestic violence, sexual as9 sault, dating violence, bullying, har10 assment, and stalking. 

11 (5) REPORT TO THE SECRETARY.—Eligible en12 tities receiving a grant under this section who have 

13 been selected to receive funds to carry out the eval14 uation plan described in paragraph (1), in accord15 ance with paragraph (2)(A), shall collect and report 

16 to the Secretary— 

17 (A) the results of the independent evalua18 tion described in paragraph (1); and 

19 (B) information about the performance 

20 measures described in paragraph (2). 

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

22 coordination with the Director of the Centers for 

23 Disease Control and Prevention, shall publish on the 

24 website of the Centers for Disease Control and Pre25 vention, a list of programs funded under this section 


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1 that the Secretary has determined to be effective 

2 programs. 

3 SEC. 4. GRANTS FOR COMPREHENSIVE SEX EDUCATION AT 

4 INSTITUTIONS OF HIGHER EDUCATION. 

5 (a) PROGRAM AUTHORIZED.—The Secretary, in co6 ordination with the Office of Adolescent Health and the 

7 Secretary of Education, shall award grants, on a competi8 tive basis, to institutions of higher education to enable 

9 such institutions to provide young people with comprehen10 sive sex education, described in subsection (e)(2), with an 

11 emphasis on reducing HIV, other sexually transmitted in12 fections, and unintended pregnancy through instruction 

13 about— 

14 (1) abstinence and contraception; 

15 (2) reducing dating violence, sexual assault, 

16 bullying, and harassment; 

17 (3) increasing healthy relationships; and 

18 (4) academic achievement. 

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

20 shall be for a period of 5 years. 

21 (c) APPLICATIONS.—An institution of higher edu22 cation desiring a grant under this section shall submit an 

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

24 and containing such information as the Secretary may re25 quire. 


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1 (d) PRIORITY.—In awarding grants under this sec2 tion, the Secretary shall give priority to an institution of 

3 higher education that— 

4 (1) has an enrollment of needy students as de5 fined in section 318(b) of the Higher Education Act 

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

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

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

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

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

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

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

13 1059d(b)); 

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

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

16 1059d(b)); 

17 (6) is a Predominately Black Institution, as de18 fined in section 318(b) of such Act (20 U.S.C. 

19 1059e(b)); 

20 (7) is a Native American-serving, nontribal in21 stitution, as defined in section 319(b) of such Act 

22 (20 U.S.C. 1059f(b)); 

23 (8) is an Asian American and Native American 

24 Pacific Islander-serving institution, as defined in 

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


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1 (9) is a minority institution, as defined in sec2 tion 365 of such Act (20 U.S.C. 1067k), with an en3 rollment of needy students, as defined in section 312 

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

5 (e) USES OF FUNDS.— 

6 (1) IN GENERAL.—An institution of higher edu7 cation receiving a grant under this section may use 

8 grant funds to integrate issues relating to com9 prehensive sex education into the academic or sup10 port sectors of the institution of higher education in 

11 order to reach a large number of students, by car12 rying out 1 or more of the following activities: 

13 (A) Developing educational content for 

14 issues relating to comprehensive sex education 

15 that will be incorporated into first-year orienta16 tion or core courses. 

17 (B) Developing and employing schoolwide 

18 educational programming outside of class that 

19 delivers elements of comprehensive sex edu20 cation programs to students, faculty, and staff. 

21 (C) Creating innovative technology-based 

22 approaches to deliver sex education to students, 

23 faculty, and staff. 

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1 cussion, educate, and raise awareness among 

2 students about issues relating to comprehensive 

3 sex education. 

4 (2) CONTENTS OF SEX EDUCATION PRO5 GRAMS.—Each institution of higher education’s pro6 gram of comprehensive sex education funded under 

7 this section shall include curricula and program ma8 terials that address information about— 

9 (A) safe and responsible sexual behavior 

10 with respect to the prevention of pregnancy and 

11 sexually transmitted infections, including HIV, 

12 including through— 

13 (i) abstinence; 

14 (ii) a reduced number of sexual part15 ners; and 

16 (iii) the use of condoms and contra17 ception; 

18 (B) healthy relationships, including the de19 velopment of healthy attitudes and insights nec20 essary for understanding— 

21 (i) relationships between oneself, fam22 ily, partners, others, and society; and 

23 (ii) the prevention of sexual abuse, 

24 dating violence, bullying, harassment, and 

25 suicide; and 


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1 (C) referral services to local health clinics 

2 where young people can obtain additional infor3 mation and services related to sexual and repro4 ductive health, dating violence and sexual as5 sault, and suicide prevention. 

6 (3) OPTIONAL COMPONENTS OF SEX EDU7 CATION.—Each institution of higher education’s pro8 gram of comprehensive sex education may also in9 clude information and skills development relating 

10 to— 

11 (A) how to make responsible decisions 

12 about sex and sexuality, including— 

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

14 unwanted verbal, physical, and sexual ad15 vances; and 

16 (ii) how alcohol and drug use can af17 fect responsible decisionmaking; 

18 (B) healthy life skills, including— 

19 (i) goal-setting and decisionmaking; 

20 (ii) interpersonal skills, such as com21 munication, assertiveness, and peer refusal 

22 skills; 

23 (iii) critical thinking; 

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

25 (v) stress management; 


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1 (C) the development of healthy attitudes 

2 and values about such topics as body image, 

3 gender roles and gender identity, racial and eth4 nic diversity, and sexual orientation; and 

5 (D) the responsibilities of parenting and 

6 the skills necessary to parent well. 

7 (f) EVALUATION; REPORT.—The requirements de8 scribed in section 3(g) shall also apply to eligible entities 

9 receiving a grant under this section in the same manner 

10 as such requirements apply to eligible entities receiving 

11 grants under section 3. 

12 SEC. 5. GRANTS FOR PRE-SERVICE AND IN-SERVICE TEACH13 ER TRAINING. 

14 (a) PROGRAM AUTHORIZED.—The Secretary, in co15 ordination with the Director of the Centers for Disease 

16 Control and Prevention and the Secretary of Education, 

17 shall award grants, on a competitive basis, to eligible enti18 ties to enable such eligible entities to carry out the activi19 ties described in subsection (f). 

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

21 shall be for a period of 5 years. 

22 (c) ELIGIBLE ENTITY.—In this section, the term ‘‘el23 igible entity’’ means— 

24 (1) a State educational agency; 

25 (2) a local educational agency; 


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

2 section 4 of the Indian Self-Determination and Edu3 cation Assistance Act (25 U.S.C. 450b); 

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

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

6 (6) a nonprofit institution of higher education; 

7 (7) a national or statewide nonprofit organiza8 tion that has as its primary purpose the improve9 ment of provision of comprehensive sex education 

10 through effective teaching of comprehensive sex edu11 cation; or 

12 (8) a consortium of nonprofit organizations that 

13 has as its primary purpose the improvement of pro14 vision of comprehensive sex education through effec15 tive teaching of comprehensive sex education. 

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

17 grant under this section shall submit an application to the 

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

19 such information as the Secretary may require. 

20 (e) AUTHORIZED ACTIVITIES.— 

21 (1) REQUIRED ACTIVITY.—Each eligible entity 

22 receiving a grant under this section shall use grant 

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

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1 cation for elementary school and secondary school 

2 students. 

3 (2) PERMISSIBLE ACTIVITIES.—Each eligible 

4 entity receiving a grant under this section may use 

5 grant funds to— 

6 (A) strengthen and expand the eligible en7 tity’s relationships with— 

8 (i) institutions of higher education; 

9 (ii) State educational agencies; 

10 (iii) local educational agencies; or 

11 (iv) other public and private organiza12 tions with a commitment to comprehensive 

13 sex education and the benefits of com14 prehensive sex education; 

15 (B) support and promote research-based 

16 training of teachers of comprehensive sex edu17 cation and related disciplines in elementary 

18 schools and secondary schools as a means of 

19 broadening student knowledge about issues re20 lated to human development, relationships, per21 sonal skills, sexual behavior, sexual health, and 

22 society and culture; 

23 (C) support the dissemination of informa24 tion on effective practices and research findings 


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1 concerning the teaching of comprehensive sex 

2 education; 

3 (D) support research on— 

4 (i) effective comprehensive sex edu5 cation teaching practices; and 

6 (ii) the development of assessment in7 struments and strategies to document— 

8 (I) student understanding of 

9 comprehensive sex education; and 

10 (II) the effects of comprehensive 

11 sex education; 

12 (E) convene national conferences on com13 prehensive sex education, in order to effectively 

14 train teachers in the provision of comprehensive 

15 sex education; and 

16 (F) develop and disseminate appropriate 

17 research-based materials to foster comprehen18 sive sex education. 

19 (3) SUBGRANTS.—Each eligible entity receiving 

20 a grant under this section may award subgrants to 

21 nonprofit organizations, State educational agencies, 

22 or local educational agencies to enable such organi23 zations or agencies to— 

24 (A) train teachers in comprehensive sex 

25 education; 


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1 (B) support Internet or distance learning 

2 related to comprehensive sex education; 

3 (C) promote rigorous academic standards 

4 and assessment techniques to guide and meas5 ure student performance in comprehensive sex 

6 education; 

7 (D) encourage replication of best practices 

8 and model programs to promote comprehensive 

9 sex education; 

10 (E) develop and disseminate effective, re11 search-based comprehensive sex education 

12 learning materials; 

13 (F) develop academic courses on the peda14 gogy of sex education at institutions of higher 

15 education; or 

16 (G) convene State-based conferences to 

17 train teachers in comprehensive sex education 

18 and to identify strategies for improvement. 

19 SEC. 6. REPORT TO CONGRESS. 

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

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

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

23 submit to the appropriate committees of Congress a report 

24 on the activities to provide adolescents and young people 

25 with comprehensive sex education funded under this Act. 


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

2 subsection (a) shall include— 

3 (1) a statement of whether the Secretary has 

4 met the purposes described in section 2; and 

5 (2) information about— 

6 (A) the number of eligible entities and in7 stitutions of higher education that are receiving 

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

9 (B) the specific activities supported by 

10 grant funds awarded under sections 3 and 4 of 

11 this Act; 

12 (C) the number of adolescents served by 

13 grant programs funded under section 3; 

14 (D) the number of young people served by 

15 grant programs funded under section 4; and 

16 (E) the status of program evaluations de17 scribed under sections 3 and 4 of this Act. 

18 SEC. 7. NONDISCRIMINATION. 

19 Programs funded under this Act shall not discrimi20 nate on the basis of actual or perceived sex, race, color, 

21 ethnicity, national origin, disability, sexual orientation, 

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

23 construed to invalidate or limit rights, remedies, proce24 dures, or legal standards available to victims of discrimi25 nation under any other Federal law or any law of a State 


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

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

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

4 1681 et seq.), section 504 of the Rehabilitation Act of 

5 1973 (29 U.S.C. 794), the Americans with Disabilities Act 

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

7 the Patient Protection and Affordable Care Act (42 

8 U.S.C. 18116). 

9 SEC. 8. LIMITATION. 

10 No Federal funds provided under this Act may be 

11 used for health education programs that— 

12 (1) deliberately withhold life-saving information 

13 about HIV; 

14 (2) are medically inaccurate or have been sci15 entifically shown to be ineffective; 

16 (3) promote gender stereotypes; 

17 (4) are insensitive and unresponsive to the 

18 needs of sexually active youth or lesbian, gay, bisex19 ual, or transgender youth; or 

20 (5) are inconsistent with the ethical imperatives 

21 of medicine and public health. 

22 SEC. 9. AMENDMENTS TO OTHER LAWS. 

23 (a) AMENDMENT TO THE PUBLIC HEALTH SERVICE

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

25 U.S.C. 300ee) is amended— 


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

2 (2) by redesignating subsection (d) as sub3 section (c). 

4 (b) AMENDMENTS TO THE ELEMENTARY AND SEC5 ONDARY EDUCATION ACT OF 1965.—Section 9526(a) of 

6 the Elementary and Secondary Education Act of 1965 (20 

7 U.S.C. 7906(a)) is amended— 

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

9 semicolon; 

10 (2) in paragraph (3) by striking ‘‘; or’’ and in11 serting a period; and 

12 (3) by striking paragraph (4). 

13 SEC. 10. DEFINITIONS. 

14 In this Act: 

15 (1) ESEA DEFINITIONS.—The terms ‘‘elemen16 tary school’’, ‘‘local educational agency’’, ‘‘secondary 

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

18 meanings given the terms in section 9101 of the Ele19 mentary and Secondary Education Act of 1965 (20 

20 U.S.C. 7801). 

21 (2) AGE AND DEVELOPMENTALLY APPRO22 PRIATE.—The term ‘‘age and developmentally appro23 priate’’ means suitable for a particular age or age 

24 group of children and adolescents, based on develVerDate Mar 15 2010 01:11 Nov 05, 2011 Jkt 099200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H3324.IH H3324

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1 oping cognitive, emotional, and behavioral capacity 

2 typical for that age or age group. 

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

4 means individuals who are ages 10 through 19 at 

5 the time of commencement of participation in a pro6 gram supported under this Act. 

7 (4) CHARACTERISTICS OF EFFECTIVE PRO8 GRAMS.—The term ‘‘characteristics of effective pro9 grams’’ means the aspects of evidence-based pro10 grams, including development, content, and imple11 mentation of such programs, that— 

12 (A) have been shown to be effective in 

13 terms of increasing knowledge, clarifying values 

14 and attitudes, increasing skills, and impacting 

15 upon behavior; and 

16 (B) are widely recognized by leading med17 ical and public health agencies to be effective in 

18 changing sexual behaviors that lead to sexually 

19 transmitted infections, including HIV, unin20 tended pregnancy, and dating violence and sex21 ual assault among young people. 

22 (5) COMPREHENSIVE SEX EDUCATION.—The 

23 term ‘‘comprehensive sex education’’ means a pro24 gram that— 


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1 (A) includes age- and developmentally ap2 propriate, culturally and linguistically relevant 

3 information on a broad set of topics related to 

4 sexuality including human development, rela5 tionships, decisionmaking, communication, ab6 stinence, contraception, and disease and preg7 nancy prevention; 

8 (B) provides students with opportunities 

9 for developing skills as well as learning informa10 tion; 

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

12 transgender, and heterosexual young people; 

13 and 

14 (D) aims to— 

15 (i) provide scientifically accurate and 

16 realistic information about human sexu17 ality; 

18 (ii) provide opportunities for individ19 uals to understand their own, their fami20 lies’, and their communities’ values, atti21 tudes, and insights about sexuality; 

22 (iii) help individuals develop healthy 

23 relationships and interpersonal skills; and 

24 (iv) help individuals exercise responsi25 bility regarding sexual relationships, which 


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1 includes addressing abstinence, pressures 

2 to become prematurely involved in sexual 

3 intercourse, and the use of contraception 

4 and other sexual health measures. 

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

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

7 program that has been proven through rigorous eval8 uation to be effective in changing sexual behavior or 

9 incorporates elements of other sex education pro10 grams that have been proven to be effective in 

11 changing sexual behavior. 

12 (7) INSTITUTION OF HIGHER EDUCATION.—The 

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

14 meaning given the term in section 101 of the Higher 

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

16 (8) MEDICALLY ACCURATE AND COMPLETE.— 

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

18 used with respect to a sex education program, means 

19 that— 

20 (A) the information provided through the 

21 program is verified or supported by the weight 

22 of research conducted in compliance with ac23 cepted scientific methods and is published in 

24 peer-reviewed journals, where applicable; or 


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1 (B)(i) the program contains information 

2 that leading professional organizations and 

3 agencies with relevant expertise in the field rec4 ognize as accurate, objective, and complete; and 

5 (ii) the program does not withhold infor6 mation about the effectiveness and benefits of 

7 correct and consistent use of condoms and 

8 other contraceptives. 

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

10 the Secretary of Health and Human Services. 

11 (10) YOUNG PEOPLE.—The term ‘‘young peo12 ple’’ means individuals who are ages 10 through 24 

13 at the time of commencement of participation in a 

14 program supported under this Act. 

15 SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 

16 There are authorized to be appropriated to carry out 

17 this Act such sums as may be necessary. 

Æ 


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