TITLE I—TITLE X OF PUBLIC 
HEALTH SERVICE ACT 
SEC. 101. SHORT TITLE. 
This title may be cited as the ‘‘Title X Family Plan-
ning Services Act of 2004’’. 
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 $643,000,000 for fiscal 
year 2005, and such sums as may be necessary for each 
subsequent fiscal year. 
TITLE II—FAMILY PLANNING 
STATE EMPOWERMENT 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘Family Planning State 
Empowerment Act’’. 
SEC. 202. STATE OPTION TO PROVIDE FAMILY PLANNING 
SERVICES AND SUPPLIES TO ADDITIONAL 
LOW-INCOME INDIVIDUALS. 
(a) IN GENERAL.—Title XIX of the Social Security 
Act (42 U.S.C. 1396 et seq.) is amended— 
(1) by redesignating section 1935 as section 
1936; and 
(2) by inserting after section 1934 the fol-
lowing:
‘‘STATE OPTION TO PROVIDE FAMILY PLANNING SERV-
ICES AND SUPPLIES TO ADDITIONAL LOW-INCOME 
INDIVIDUALS 
‘‘SEC. 1935. 
‘‘(a) IN GENERAL.—A State may elect (through a 
State plan amendment) to make medical assistance de-
scribed in section 1905(a)(4)(C) available to any indi-
vidual not otherwise eligible for such assistance— 
‘‘(1) whose family income does not exceed an 
income level (specified by the State) that does not 
exceed the greatest of— 
‘‘(A) 200 percent of the income official 
poverty line (as defined by the Office of Man-
agement and Budget, and revised annually in 
accordance with section 673(2) of the Commu-
nity Services Block Grant Act) applicable to a 
family of the size involved; 
‘‘(B) in the case of a State that has in ef-
fect (as of the date of the enactment of this sec-
tion) a waiver under section 1115 to provide 
such medical assistance to individuals based on 
their income level (expressed as a percent of the 
poverty line), the eligibility income level as pro-
vided under such waiver; or
‘‘(C) the eligibility income level (expressed 
as a percent of such poverty line) that has been 
specified under the plan (including under sec-
tion 1902(r)(2)), for eligibility of pregnant 
women for medical assistance; and 
‘‘(2) at the option of the State, whose resources 
do not exceed a resource level specified by the State, 
which level is not more restrictive than the resource 
level applicable under the waiver described in para-
graph (1)(B) or to pregnant women under para-
graph (1)(C). 
‘‘(b) FLEXIBILITY.—A State may exercise the au-
thority under subsection (a) with respect to one or more 
classes of individuals described in such subsection.’’. 
(b) CONFORMING AMENDMENT.—Section 1905(a) of 
such Act (42 U.S.C. 1396d(a)) is amended, in the matter 
before paragraph (1)— 
(1) by striking ‘‘and’’ at the end of clause (xii); 
(2) by adding ‘‘and’’ at the end of clause (xiii); 
and 
(3) by inserting after clause (xiii) the following 
new clause: 
‘‘(xiv) individuals described in section 1935, but 
only with respect to items and services described in 
paragraph (4)(C),’’.
(c) EFFECTIVE DATE.—The amendments made by 
this section apply to medical assistance provided on and 
after October 1, 2004. 
SEC. 203. STATE OPTION TO EXTEND THE PERIOD OF ELIGI-
BILITY FOR PROVISION OF FAMILY PLAN-
NING SERVICES AND SUPPLIES. 
(a) IN GENERAL.—Section 1902(e) of the Social Se-
curity Act (42 U.S.C. 1396a(e)) is amended by adding at 
the end the following new paragraph: 
‘‘(13) At the option of a State, the State plan may 
provide that, in the case of an individual who was eligible 
for medical assistance described in section 1905(a)(4)(C), 
but who no longer qualifies for such assistance because 
of an increase in income or resources or because of the 
expiration of a post-partum period, the individual may re-
main eligible for such assistance for such period as the 
State may specify, but the period of extended eligibility 
under this paragraph shall not exceed a continuous period 
of 24 months for any individual. The State may apply the 
previous sentence to one or more classes of individuals and 
may vary the period of extended eligibility with respect 
to different classes of individuals.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) apply to medical assistance provided on and 
after October 1, 2004.
TITLE III—EQUITY IN PRESCRIP-
TION INSURANCE AND CON-
TRACEPTIVE COVERAGE 
SEC. 301. SHORT TITLE. 
This title may be cited as the ‘‘Equity in Prescription 
Insurance and Contraceptive Coverage Act’’. 
SEC. 302. AMENDMENTS TO EMPLOYEE RETIREMENT IN-
COME 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 add-
ing at the end the following: 
‘‘SEC. 714. STANDARDS RELATING TO BENEFITS FOR CON-
TRACEPTIVES. 
‘‘(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 ap-
proved as substitutable by the Food and Drug Ad-
ministration, if such plan or coverage provides bene-
fits for other outpatient prescription drugs or de-
vices; or
‘‘(2) exclude or restrict benefits for outpatient 
contraceptive services if such plan or coverage pro-
vides benefits for other outpatient services provided 
by a health care professional (referred to in this sec-
tion as ‘outpatient health care services’). 
‘‘(b) PROHIBITIONS.—A group health plan, and a 
health insurance issuer providing health insurance cov-
erage in connection with a group health plan, may not— 
‘‘(1) deny to an individual eligibility, or contin-
ued 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 profes-
sional to withhold from a covered individual contra-
ceptive 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, coinsur-
ance, or other cost-sharing or limitations in re-
lation 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 oth-
erwise 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 de-
vice shall be consistent with those imposed 
for other outpatient prescription devices
otherwise covered under the plan or cov-
erage; and 
‘‘(iii) benefits for outpatient contra-
ceptive 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 in-
surance coverage in connection with a group 
health plan to cover experimental or investiga-
tional contraceptive drugs or devices, or experi-
mental 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 serv-
ices; 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 pro-
fessionals that may prescribe such drugs or de-
vices, utilization review provisions, and limits on 
the volume of prescription drugs or devices that 
may be obtained on the basis of a single con-
sultation with a professional; or 
‘‘(B) in the case of an outpatient contra-
ceptive service, restricting the type of health 
care professionals that may provide such serv-
ices, 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 con-
tinues 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 ‘out-
patient contraceptive services’ means consultations, exami-
nations, 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 begin-
ning on or after January 1, 2005.
SEC. 303. 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 CON-
TRACEPTIVES. 
‘‘(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 ap-
proved as substitutable by the Food and Drug Ad-
ministration, if such plan or coverage provides bene-
fits for other outpatient prescription drugs or de-
vices; or 
‘‘(2) exclude or restrict benefits for outpatient 
contraceptive services if such plan or coverage pro-
vides benefits for other outpatient services provided 
by a health care professional (referred to in this sec-
tion as ‘outpatient health care services’).
‘‘(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, coinsur-
ance, or other cost-sharing or limitations in re-
lation 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 oth-
erwise 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 de-
vice shall be consistent with those imposed 
for other outpatient prescription devices 
otherwise covered under the plan or cov-
erage; and 
‘‘(iii) benefits for outpatient contra-
ceptive 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 in-
surance coverage in connection with a group 
health plan to cover experimental or investiga-
tional contraceptive drugs or devices, or experi-
mental 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 serv-
ices; 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 pro-
fessionals that may prescribe such drugs or de-
vices, utilization review provisions, and limits on 
the volume of prescription drugs or devices that 
may be obtained on the basis of a single con-
sultation with a professional; or 
‘‘(B) in the case of an outpatient contra-
ceptive service, restricting the type of health 
care professionals that may provide such serv-
ices, 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 con-
tinues 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 ‘out-
patient contraceptive services’ means consultations, exami-
nations, 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, 2005. 
SEC. 304. AMENDMENT TO PUBLIC HEALTH SERVICE ACT 
RELATING TO THE INDIVIDUAL MARKET. 
(a) IN GENERAL.—Part B of title XXVII of the Pub-
lic Health Service Act (42 U.S.C. 300gg–41 et seq.) is 
amended— 
(1) by redesignating the first subpart 3 (relat-
ing to other requirements) as subpart 2; and 
(2) by adding at the end of subpart 2 the fol-
lowing: 
‘‘SEC. 2753. STANDARDS RELATING TO BENEFITS FOR CON-
TRACEPTIVES. 
‘‘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 oper-
ated in the individual market on or after January 1, 2005. 
TITLE IV—EMERGENCY CONTRA-
CEPTION EDUCATION AND IN-
FORMATION 
SEC. 401. SHORT TITLE. 
This title may be cited as the ‘‘Emergency Contracep-
tion Education Act’’. 
SEC. 402. 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 Fed-
eral Food, Drug, and Cosmetic Act (21 U.S.C. 321)) 
or a drug regimen that is— 
(A) used after sexual relations; and 
(B) prevents pregnancy, by preventing ovu-
lation, fertilization of an egg, or implantation of 
an egg in a uterus.
(2) HEALTH
CARE
PROVIDER.—The term 
‘‘health care provider’’ means an individual who is li-
censed 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
EDU-
CATION PROGRAM.— 
(1) 
IN
GENERAL.—The 
Secretary, 
acting 
through the Director of the Centers for Disease 
Control and Prevention, shall develop and dissemi-
nate to the public information on emergency contra-
ception. 
(2) DISSEMINATION.—The Secretary may dis-
seminate information under paragraph (1) directly 
or through arrangements with nonprofit organiza-
tions, consumer groups, institutions of higher edu-
cation, Federal, State, or local agencies, clinics and 
the media.
(3) INFORMATION.—The information dissemi-
nated under paragraph (1) shall include, at a min-
imum, a description of emergency contraception, and 
an explanation of the use, safety, efficacy, and avail-
ability 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 pro-
viders information on emergency contraception. 
(2) INFORMATION.—The information dissemi-
nated under paragraph (1) shall include, at a min-
imum— 
(A) information describing the use, safety, 
efficacy and availability of emergency contra-
ception; 
(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 sub-
section (b), for distribution to the patients of 
the providers.
(d) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$10,000,000 for each of the fiscal years 2005 through 
2009. 
TITLE V—COMPASSIONATE AS-
SISTANCE FOR RAPE EMER-
GENCIES 
SEC. 501. SHORT TITLE. 
This title may be cited as the ‘‘Compassionate Assist-
ance for Rape Emergencies Act’’. 
SEC. 502. SURVIVORS OF SEXUAL ASSAULT; PROVISION BY 
HOSPITALS 
OF 
EMERGENCY 
CONTRACEP-
TIVES WITHOUT CHARGE. 
(a) IN GENERAL.—Federal funds may not be pro-
vided to a hospital under any health-related program, un-
less the hospital meets the conditions specified in sub-
section (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 vic-
tim 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 spec-
ified 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 con-
traception, 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 un-
protected 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 para-
graph (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 is— 
(A) used postcoitally; 
(B) prevents pregnancy by delaying ovula-
tion, preventing fertilization of an egg, or pre-
venting implantation of an egg in a uterus; and 
(C) is approved by the Food and Drug Ad-
ministration. 
(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 sec-
tion takes effect upon the expiration of the 180-day period 
beginning on the date of 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 VI—FAMILY LIFE 
EDUCATION 
SEC. 601. SHORT TITLE. 
This title may be cited as the ‘‘Family Life Education 
Act’’. 
SEC. 602. FINDINGS. 
The Congress finds as follows: 
(1) 
The 
American 
Medical 
Association 
(‘‘AMA’’), 
the 
American 
Nurses 
Association 
(‘‘ANA’’), the American Academy of Pediatrics 
(‘‘AAP’’), the American College of Obstetricians and 
Gynecologists (‘‘ACOG’’), the American Public 
Health Association (‘‘APHA’’), and the Society of 
Adolescent Medicine (‘‘SAM’’), support responsible 
sexuality education that includes information about 
both abstinence and contraception. 
(2) 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 ab-
stinence and provides young people with information 
about contraception for the prevention of teen preg-
nancy, HIV/AIDS and other sexually transmitted 
diseases (‘‘STDs’’).
(3) Research shows that teenagers who receive 
sexuality education that includes discussion of con-
traception are more likely than those who receive ab-
stinence-only messages to delay sexual activity and 
to use contraceptives when they do become sexually 
active. 
(4) Comprehensive sexuality education pro-
grams respect the diversity of values and beliefs rep-
resented in the community and will complement and 
augment the sexuality education children receive 
from their families. 
(5) The median age of puberty is 13 years and 
the average age of marriage is over 26 years old. 
American teens need access to full, complete, and 
medically and factually accurate information regard-
ing sexuality, including contraception, STD/HIV 
prevention, and abstinence. 
(6) Although teen pregnancy rates are decreas-
ing, there are still between 750,000 and 850,000 
teen pregnancies each year. Between 75 and 90 per-
cent of teen pregnancies among 15- to 19-year olds 
are unintended. 
(7) Research shows that 75 percent of the de-
crease in teen pregnancy between 1988 and 1995
was due to improved contraceptive use, while 25 per-
cent was due to increased abstinence. 
(8) More than eight out of ten Americans be-
lieve that young people should have information 
about abstinence and protecting themselves from un-
planned pregnancies and sexually transmitted dis-
eases. 
(9) United States teens acquire an estimated 
4,000,000 sexually transmitted infections each year. 
By age 24, at least one in three sexually active peo-
ple will have contracted a sexually transmitted dis-
ease. 
(10) An average of two young people in the 
United States are infected with HIV every hour of 
every day. African Americans and Hispanic youth 
have been disproportionately affected by the HIV/ 
AIDS epidemic. Although less than 16 percent of 
the adolescent population in the United States is Af-
rican American, nearly 50 percent of AIDS cases 
through June 2000 among 13- to 19-year olds were 
among Blacks. Hispanics comprise 13 percent of the 
population and 20 percent of the reported adolescent 
AIDS cases though June 2000.
SEC. 603. ASSISTANCE TO REDUCE TEEN PREGNANCY, HIV/ 
AIDS, AND OTHER SEXUALLY TRANSMITTED 
DISEASES AND TO SUPPORT HEALTHY ADO-
LESCENT DEVELOPMENT. 
(a) IN GENERAL.—Each eligible State shall be enti-
tled to receive from the Secretary of Health and Human 
Services, for each of the fiscal years 2005 through 2009, 
a grant to conduct programs of family life education, in-
cluding 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 edu-
cation 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 ig-
noring those young people who have had or are hav-
ing sexual intercourse; 
(5) provides information about the health bene-
fits and side effects of all contraceptives and barrier 
methods as a means to prevent pregnancy; 
(6) provides information about the health bene-
fits and side effects of all contraceptives and barrier
methods as a means to reduce the risk of con-
tracting sexually transmitted diseases, including 
HIV/AIDS; 
(7) encourages family communication about 
sexuality between parent and child; 
(8) teaches young people the skills to make re-
sponsible decisions about sexuality, including how to 
avoid unwanted verbal, physical, and sexual ad-
vances and how not to make unwanted verbal, phys-
ical, and sexual advances; and 
(9) teaches young people how alcohol and drug 
use can affect responsible decisionmaking. 
(c) ADDITIONAL ACTIVITIES.—In carrying out a pro-
gram of family life education, a State may expend a grant 
under subsection (a) to carry out educational and motiva-
tional activities that help young people— 
(1) gain knowledge about the physical, emo-
tional, biological, and hormonal changes of adoles-
cence 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 through-
out their lifespan;
(3) gain knowledge about the specific involve-
ment of and male responsibility in sexual decision-
making; 
(4) develop healthy attitudes and values about 
adolescent growth and development, body image, 
gender roles, racial and ethnic diversity, sexual ori-
entation, and other subjects; 
(5) develop and practice healthy life skills in-
cluding goal-setting, decisionmaking, negotiation, 
communication, and stress management; 
(6) promote self-esteem and positive inter-
personal skills focusing on relationship dynamics, in-
cluding, but not limited to, friendships, dating, ro-
mantic involvement, marriage and family inter-
actions; and 
(7) prepare for the adult world by focusing on 
educational and career success, including developing 
skills for employment preparation, job seeking, inde-
pendent living, financial self-sufficiency, and work-
place productivity. 
SEC. 604. SENSE OF CONGRESS. 
It is the sense of Congress that while States are not 
required to provide matching funds, they are encouraged 
to do so.
SEC. 605. 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 603, evaluations of such 
program shall be carried out in accordance with sub-
sections (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 603. 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 inter-
course 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, includ-
ing HIV/AIDS; 
(D) the effectiveness of such programs in 
increasing contraceptive knowledge and contra-
ceptive behaviors when sexual intercourse oc-
curs; and
(E) a list of best practices based upon es-
sential programmatic components of evaluated 
programs that have led to success in subpara-
graphs (A) through (D). 
(2) REPORT.—A report providing the results of 
the national evaluation under paragraph (1) shall be 
submitted to the Congress not later than March 31, 
2008, with an interim report provided on a yearly 
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 603 is that the State in-
volved agree to provide for the evaluation of the pro-
grams 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 pro-
grams in preventing sexually transmitted 
disease, including HIV/AIDS; and 
(iv) the effectiveness of such programs 
in increasing contraceptive knowledge and 
contraceptive behaviors when sexual inter-
course occurs. 
(2) USE OF GRANT.—A condition for the re-
ceipt of a grant under section 603 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. 606. 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 603 that is in such form, is 
made in such manner, and contains such agree-
ments, 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 im-
mune 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 pub-
lic health organizations and agencies, and where rel-
evant, published in peer review journals. 
(4) The term ‘‘Secretary’’ means the Secretary 
of Health and Human Services. 
SEC. 607. APPROPRIATIONS. 
(a) IN GENERAL.—For the purpose of carrying out 
this title, there is authorized to be appropriated 
$100,000,000 for each of the fiscal years 2005 through 
2009. 
(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 car-
rying out this title for that fiscal year; and 
(2) not more than 10 percent may be used for 
the national evaluation under section 605(b). 
TITLE VII—TEENAGE 
PREGNANCY PREVENTION 
SEC. 701. SHORT TITLE. 
This title may be cited as the ‘‘Preventing Teen Preg-
nancy Act’’.
SEC. 702. TEENAGE 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. 399O. 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 pro-
grams. 
‘‘(b) GRANT RECIPIENTS.—Grant recipients under 
this section may include State and local not-for-profit coa-
litions 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 as-
sistance for programs targeting communities or pop-
ulations 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 pro-
grams that serve youth, such as workforce de-
velopment 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 preven-
tion programs that have been proven (on the basis 
of rigorous scientific research) to delay sexual inter-
course or sexual activity, increase condom or contra-
ceptive use (without increasing sexual activity), or 
reduce teenage pregnancy; and 
‘‘(2) incorporate one or more of the following 
strategies for preventing teenage pregnancy: encour-
aging teenagers to delay sexual activity; sex and 
HIV education; interventions for sexually active 
teenagers; preventive health services; youth develop-
ment programs; service learning programs; and out-
reach or media programs.
‘‘(e) COMPLETE INFORMATION.—Programs receiving 
funds under this section that choose to provide informa-
tion 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 absti-
nence-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 Pro-
gram, and any other program that uses the definition of 
‘abstinence education’ found in section 510(b) of the So-
cial Security Act are ineligible for funding. 
‘‘(g) APPLICATIONS.—Each entity seeking a grant 
under this section shall submit an application to the Sec-
retary 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 pro-
gram.
‘‘(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 state-
ment on the effectiveness of grants under this 
section. 
‘‘(2) COOPERATION BY GRANTEES.—Each grant 
recipient under this section shall provide such infor-
mation 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 pro-
gram evaluation that: 
‘‘(1) Measured impact on sexual or contracep-
tive behavior, pregnancy or childbearing. 
‘‘(2) Employed an experimental or quasi-experi-
mental 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 
$20,000,000 for fiscal year 2005, and such sums as may 
be necessary for each subsequent fiscal year. In addition, 
there are authorized to be appropriated for evaluations 
under subsection (j) such sums as may be necessary for 
fiscal year 2005 and each subsequent fiscal year.’’. 
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