cluding outreach and enrollment, benefits and 
services, service delivery standards, public 
health and social service agency relationships, 
and quality assurance and data reporting.’’. 
(b) CONFORMING MEDICAID AMENDMENT.—Section 
1902(a)(11) of such Act (42 U.S.C. 1396a(a)(11)) is 
amended— 
(1) by striking ‘‘and’’ before ‘‘(C)’’; and 
(2) by inserting before the semicolon at the end 
the following: ‘‘, and (D) provide that operations and 
activities under this title are developed and imple-
mented in consultation and coordination with the 
program operated by the State under title V in areas 
including outreach and enrollment, benefits and 
services, service delivery standards, public health 
and social service agency relationships, and quality 
assurance and data reporting’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section take effect on October 1, 2009. 
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TITLE V—DISCLOSURE OF IN-
FORMATION 
ON 
ABORTION 
SERVICES 
SEC. 501. DISCLOSURE OF INFORMATION ON ABORTION 
SERVICES. 
(a) IN GENERAL.—Health facilities that perform 
abortions in or affecting interstate commerce shall obtain 
informed consent from the pregnant woman seeking to 
have the abortion. Informed consent shall exist only after 
a woman has voluntarily completed or opted not to com-
plete pre-abortion counseling sessions. 
(b) ACCURATE INFORMATION.—Counseling sessions 
under subsection (a) shall include the following informa-
tion: 
(1) The probable gestational age and character-
istics of the unborn child at the time the abortion 
will be performed. 
(2) How the abortion procedure is performed. 
(3) Possible short-term and long-term risks and 
complications of the procedure to be performed. 
(4) Alternatives to abortion, including, but not 
limited to, adoption, and the resources available in 
the community to assist women choosing these alter-
natives. 
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(5) The availability of post-procedure medical 
services to address the risks and complications of 
the procedure. 
(c) EXCEPTION.—This section shall not apply when 
the pregnant woman is herself incapable, under State law, 
of making medical decisions. This section does not affect 
or modify any requirement under State law for making 
medical decisions for such patients. 
(d) CIVIL REMEDIES.— 
(1) CIVIL ACTION.—Any female upon whom an 
abortion has been performed or attempted without 
complying with the informed consent requirements 
may bring a civil action in an appropriate district 
court of the United States against the person who 
performed the abortion in knowing or reckless viola-
tion of this section for actual and punitive damages. 
(2) CERTAIN
AUTHORITIES
AND
REQUIRE-
MENTS.—With respect to an action under paragraph 
(1): 
(A) The court may award attorney’s fees 
to the plaintiff if judgment is rendered in favor 
of the plaintiff, and may award attorney’s fees 
to the defendant if judgment is rendered in 
favor of the defendant and the court finds that 
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the plaintiff’s case was frivolous and brought in 
bad faith. 
(B) The court shall determine whether the 
anonymity of the female involved will be pre-
served from public disclosure if the female has 
not consented to her identity being disclosed. If 
the female’s identity is to be shielded, the court 
shall issue an order sealing the record and ex-
cluding individuals from the courtroom to pre-
serve her identity. 
(C) In the absence of the female’s written 
consent, anyone other than a public official who 
brings the action shall do so under a pseu-
donym. 
(3) RULE OF CONSTRUCTION.—Nothing in this 
subsection may be construed to conceal the identity 
of the plaintiff or of the witnesses from the defend-
ant. 
(e) SEVERABILITY.—If any provision of this section 
requiring informed consent for abortions is found uncon-
stitutional, the unconstitutional provision is severable and 
the other provisions of this section remain in effect. 
(f) PREEMPTION.—Nothing in this section shall pre-
vent a State from enacting and enforcing additional re-
quirements with respect to informed consent. 
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TITLE VI—SUPPORT FOR PREG-
NANT AND PARENTING COL-
LEGE STUDENTS 
SEC. 601. SENSE OF CONGRESS. 
It is the sense of Congress that— 
(1) pregnant college students should not have 
to make a choice between keeping their baby and 
staying in school; 
(2) the pilot program under this title will help 
interested, eligible institutions of higher education 
establish pregnancy and parenting student services 
offices that will operate independent of Federal 
funding no later than 5 years after the date of the 
enactment of this title; and 
(3) amounts appropriated to carry out other 
Federal programs should be reduced to offset the 
costs of this title. 
SEC. 602. DEFINITIONS. 
In this title: 
(1) ELIGIBLE INSTITUTION OF HIGHER EDU-
CATION.—The term ‘‘eligible institution of higher 
education’’ means an institution of higher education 
(as such term is defined in section 101 of the High-
er Education Act of 1965 (20 U.S.C. 1001)) that 
has established and operates, or agrees to establish 
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and operate upon the receipt of a grant under this 
title, a pregnant and parenting student services of-
fice described in section 606. 
(2) PARENT; PARENTING.—The terms ‘‘parent’’ 
and ‘‘parenting’’ refer to a parent or legal guardian 
of a minor. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Education. 
SEC. 603. PREGNANT AND PARENTING STUDENT SERVICES 
PILOT PROGRAM. 
From amounts appropriated under section 608 for a 
fiscal year, the Secretary shall establish a pilot program 
to award grants to eligible institutions of higher education 
to enable the eligible institutions to establish (or maintain) 
and operate pregnant and parenting student services of-
fices in accordance with section 606. 
SEC. 604. APPLICATION; NUMBER OF GRANTS. 
(a) APPLICATION.—An eligible institution of higher 
education that desires to receive a grant under this title 
shall submit an application to the Secretary at such time, 
in such manner, and containing such information as the 
Secretary may require. 
(b) REQUESTS FOR ADDITIONAL INFORMATION.— 
The Secretary may require an eligible institution submit-
ting an application under subsection (a) to provide addi-
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tional information if the Secretary determines such infor-
mation is necessary to process the application. 
(c) NUMBER OF GRANTS.—Subject to the availability 
of appropriations under section 608, the Secretary shall 
award grants under this title to no more than 200 eligible 
institutions. 
SEC. 605. MATCHING REQUIREMENT. 
An eligible institution of higher education that re-
ceives a grant under this title shall contribute to the con-
duct of the pregnant and parenting student services office 
supported by the grant an amount from non-Federal funds 
equal to the amount of the grant. The non-Federal share 
may be in cash or in kind, fairly evaluated, including serv-
ices, facilities, supplies, or equipment. 
SEC. 606. USE OF FUNDS. 
(a) IN GENERAL.—An eligible institution of higher 
education that receives a grant under this title shall use 
grant funds to establish (or maintain) and operate a preg-
nant and parenting student services office, located on the 
campus of the eligible institution, that carries out the fol-
lowing programs and activities: 
(1) Hosts an initial pregnancy and parenting 
resource forum— 
(A) to assess pregnancy and parenting re-
sources, located on the campus or within the 
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local community, that are available to meet the 
needs described in paragraph (2); and 
(B) to set goals for— 
(i) improving such resources for preg-
nant, parenting, and prospective parenting 
students; and 
(ii) improving access to such re-
sources. 
(2) Annually assesses the performance of the el-
igible institution and the office in meeting the fol-
lowing needs of students enrolled in the eligible in-
stitution who are pregnant or are parents: 
(A) The inclusion of maternity coverage 
and the availability of riders for additional fam-
ily members in student health care. 
(B) Family housing. 
(C) Child care. 
(D) Flexible or alternative academic sched-
uling, such as telecommuting programs. 
(E) Education to improve parenting skills 
for mothers and fathers and to strengthen mar-
riages. 
(F) Maternity and baby clothing, baby 
food (including formula), baby furniture, and 
similar items to assist parents and prospective 
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parents in meeting the material needs of their 
children. 
(G) Post-partum counseling and support 
groups. 
(3) Identifies public and private service pro-
viders, located on the campus of the eligible institu-
tion or within the local community, that are quali-
fied to meet the needs described in paragraph (2), 
and establishes programs with qualified providers to 
meet such needs. 
(4) Assists pregnant and parenting students 
and their spouses in locating and obtaining services 
that meet the needs described in paragraph (2). 
(5) If appropriate, provides referrals for pre-
natal care and delivery, infant or foster care, or 
adoption, to a student who requests such informa-
tion. An office shall make such referrals only to 
service providers that primarily serve the following 
types of individuals: 
(A) Parents. 
(B) Prospective parents awaiting adoption. 
(C) Women who are pregnant and plan on 
parenting or placing the child for adoption. 
(D) Parenting or prospective parenting 
couples who are married or who plan on 
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marrying in order to provide a supportive envi-
ronment for each other and their child. 
(b) EXPANDED SERVICES.—In carrying out the pro-
grams and activities described in subsection (a), an eligible 
institution of higher education receiving a grant under this 
title may choose to provide access to such programs and 
activities to a pregnant or parenting employee of the eligi-
ble institution, and the employee’s spouse. 
SEC. 607. REPORTING. 
(a) ANNUAL REPORT BY INSTITUTIONS.— 
(1) IN GENERAL.—For each fiscal year that an 
eligible institution of higher education receives a 
grant under this title, the eligible institution shall 
prepare and submit to the Secretary, by the date de-
termined by the Secretary, a report that— 
(A) itemizes the pregnant and parenting 
student services office’s expenditures for the fis-
cal year; 
(B) contains a review and evaluation of the 
performance of the office in fulfilling the re-
quirements of this title, using the specific per-
formance criteria or standards established 
under paragraph (2)(A); and 
(C) describes the achievement of the office 
in meeting the needs listed in section 606(a)(2) 
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of the students served by the eligible institution, 
and the frequency of use of the office by such 
students. 
(2) PERFORMANCE CRITERIA.—Not later than 
180 days before the date the annual report described 
in paragraph (1) is submitted, the Secretary— 
(A) shall identify the specific performance 
criteria or standards that shall be used to pre-
pare the report; and 
(B) may establish the form or format of 
the report. 
(3) ADDITIONAL INFORMATION.—After review-
ing an annual report of an eligible institution of 
higher education, the Secretary may require that the 
eligible institution provide additional information if 
the Secretary determines that such additional infor-
mation is necessary to evaluate the pilot program. 
(b) REPORT BY SECRETARY.—The Secretary shall 
annually prepare and submit a report on the findings of 
the pilot program under this title, including the number 
of eligible institutions of higher education that were 
awarded grants and the number of students served by 
each pregnant and parenting student services office receiv-
ing funds under this title, to the appropriate committees 
of the Senate and the House of Representatives. 
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