S 2407 ISCommentsClose CommentsPermalink

To provide for programs that reduce the need for abortion, help women bear healthy children, and support new parents.CommentsClose CommentsPermalink

December 4, 2007

Mr. CASEY introduced the following bill; which was read twice and referred to the Committee on FinanceCommentsClose CommentsPermalink

To provide for programs that reduce the need for abortion, help women bear healthy children, and support new parents.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the `Pregnant Women Support Act'.CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents for this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink





Sec. 2. Findings.CommentsClose CommentsPermalink





Sec. 3. Definitions.CommentsClose CommentsPermalink

TITLE I--PUBLIC AWARENESS AND ASSISTANCE FOR PREGNANT WOMEN AND NEW PARENTS

Sec. 101. Grants for increasing public awareness of resources available to assist pregnant women in carrying their pregnancies to term and to assist new parents.CommentsClose CommentsPermalink

TITLE II--INCREASING WOMEN'S KNOWLEDGE ABOUT THEIR PREGNANCY

Sec. 201. Grants to health centers for purchase of ultrasound equipment.CommentsClose CommentsPermalink





Sec. 202. Report on reasons why women choose to have an abortion.CommentsClose CommentsPermalink

TITLE III--PREGNANCY AS A PREEXISTING CONDITION

Sec. 301. Individual health insurance coverage for pregnant women.CommentsClose CommentsPermalink





Sec. 302. Continuation of health insurance coverage for newborns.CommentsClose CommentsPermalink

TITLE IV--MEDICAID AND SCHIP COVERAGE OF PREGNANT WOMEN AND UNBORN CHILDREN

Sec. 401. Findings.CommentsClose CommentsPermalink





Sec. 402. Codification of optional SCHIP coverage of unborn children.CommentsClose CommentsPermalink





Sec. 403. Additional options for States to provide nurse home visitation services.CommentsClose CommentsPermalink





Sec. 404. Coordination with the maternal and child health program.CommentsClose CommentsPermalink

TITLE V--DISCLOSURE OF INFORMATION ON ABORTION SERVICES

Sec. 501. Disclosure of information on abortion services.CommentsClose CommentsPermalink

TITLE VI--SERVICES TO PATIENTS RECEIVING POSITIVE TEST DIAGNOSIS OF DOWN SYNDROME OR OTHER PRENATALLY DIAGNOSED CONDITIONS

Sec. 601. Services to patients receiving positive test diagnosis for Down syndrome or other prenatally diagnosed conditions.CommentsClose CommentsPermalink

TITLE VII--SUPPORT FOR PREGNANT AND PARENTING COLLEGE STUDENTS

Sec. 701. Sense of Congress.CommentsClose CommentsPermalink





Sec. 702. Definitions.CommentsClose CommentsPermalink





Sec. 703. Pregnant and parenting student services pilot program.CommentsClose CommentsPermalink





Sec. 704. Application; number of grants.CommentsClose CommentsPermalink





Sec. 705. Matching requirement.CommentsClose CommentsPermalink





Sec. 706. Use of funds.CommentsClose CommentsPermalink





Sec. 707. Reporting.CommentsClose CommentsPermalink





Sec. 708. Authorization of appropriations.CommentsClose CommentsPermalink

TITLE VIII--SUPPORT FOR PREGNANT AND PARENTING TEENS

Sec. 801. Grants to States.CommentsClose CommentsPermalink

TITLE IX--IMPROVING SERVICES FOR PREGNANT WOMEN WHO ARE VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, AND STALKING

Sec. 901. Findings.CommentsClose CommentsPermalink





Sec. 902. Program to support pregnant women who are victims of domestic violence.CommentsClose CommentsPermalink





Sec. 903. Homicide death certificates of certain female victims.CommentsClose CommentsPermalink

TITLE X--FEDERALLY-FUNDED HOMES FOR PREGNANT AND PARENTING WOMEN; ADOPTION COUNSELING; PARENTING SKILLS

Sec. 1001. Counseling requirements.CommentsClose CommentsPermalink

TITLE XI--EXPANSION OF ADOPTION CREDIT AND ADOPTION ASSISTANCE PROGRAMS

Sec. 1101. Expansion of adoption credit and adoption assistance programs.CommentsClose CommentsPermalink

TITLE XII--PROVIDING SUPPORT TO NEW PARENTS

Sec. 1201. Increased support for WIC program.CommentsClose CommentsPermalink





Sec. 1202. Nutritional support for low-income parents.CommentsClose CommentsPermalink





Sec. 1203. Increased funding for the Child Care and Development Block Grant program.CommentsClose CommentsPermalink

TITLE XIII--COLLECTING AND REPORTING ABORTION DATA

Sec. 1301. Grants for collection and reporting of abortion data.CommentsClose CommentsPermalink

SEC. 2. FINDINGS.

The Congress finds as follows:CommentsClose CommentsPermalink





(1) In 2004, 839,226 abortions were reported to the Centers for Disease Control and Prevention.CommentsClose CommentsPermalink





(2) Forty-eight percent of all pregnancies in America are unintended. Excluding miscarriages, 54 percent of unintended pregnancies end in abortion.CommentsClose CommentsPermalink





(3) Fifty-seven percent of women who have abortions have incomes below 200 percent of the poverty level.CommentsClose CommentsPermalink





(4) `Cannot afford a baby' is the second most frequently cited reason women choose to have an abortion; 73 percent of women having abortions cited this reason as a contributing factor.CommentsClose CommentsPermalink





(5) This Act is an initiative to gather more complete information about abortion, to reduce the abortion rate by helping women carry their pregnancies to term and bear healthy children, and by affirming the right of women to be fully informed about their other options when they seek an abortion.CommentsClose CommentsPermalink





(6) The initiative will work to support women facing unplanned pregnancies, new parents and their children by providing comprehensive measures for health care needs, supportive services and helpful prenatal information and postnatal services.CommentsClose CommentsPermalink

SEC. 3. DEFINITIONS.

For purposes of this Act:CommentsClose CommentsPermalink





(1) The term `Secretary' means the Secretary of Health and Human Services.CommentsClose CommentsPermalink





(2) The term `State' includes the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the Virgin Islands, and any other territory or possession of the United States.CommentsClose CommentsPermalink

TITLE I--PUBLIC AWARENESS AND ASSISTANCE FOR PREGNANT WOMEN AND NEW PARENTS

SEC. 101. GRANTS FOR INCREASING PUBLIC AWARENESS OF RESOURCES AVAILABLE TO ASSIST PREGNANT WOMEN IN CARRYING THEIR PREGNANCIES TO TERM AND TO ASSIST NEW PARENTS.

(a) Grants- The Secretary may make grants to States to increase public awareness of resources available to pregnant women to carry their pregnancy to term and to new parents.CommentsClose CommentsPermalink





(b) Use of Funds- The Secretary may make a grant to a State under this section only if the State agrees to use the grant for the following:CommentsClose CommentsPermalink





(1) Identification of resources available to assist pregnant women to carry their pregnancy to term or to assist new parents, or both.CommentsClose CommentsPermalink





(2) Conducting an advertising campaign to increase public awareness of such resources.CommentsClose CommentsPermalink





(3) Establishing and maintaining a toll-free telephone line to direct people to--CommentsClose CommentsPermalink





(A) organizations that provide support services for pregnant women to carry their pregnancy to term;CommentsClose CommentsPermalink





(B) adoption centers; andCommentsClose CommentsPermalink





(C) organizations that provide support services to new parents.CommentsClose CommentsPermalink





(c) Prohibition- The Secretary shall prohibit each State receiving a grant under this section from using the grant to direct people to an organization or adoption center that is for-profit.CommentsClose CommentsPermalink





(d) Identification of Resources- The Secretary shall require each State receiving a grant under this section to make publicly available by means of the Internet (electronic and paper form) a list of the following:CommentsClose CommentsPermalink





(1) The resources identified pursuant to subsection (b)(1).CommentsClose CommentsPermalink





(2) The organizations and adoption centers to which people are directed pursuant to an advertising campaign or telephone line funded under this section.CommentsClose CommentsPermalink





(e) Authorization of Appropriations- The Secretary shall make such funds available as may be necessary to carry out the activities of this section.CommentsClose CommentsPermalink

TITLE II--INCREASING WOMEN'S KNOWLEDGE ABOUT THEIR PREGNANCY

SEC. 201. GRANTS TO HEALTH CENTERS FOR PURCHASE OF ULTRASOUND EQUIPMENT.

Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.) is amended by inserting after section 317L the following:CommentsClose CommentsPermalink

`SEC. 317L-1. GRANTS FOR THE PURCHASE OR UPGRADE OF ULTRASOUND EQUIPMENT.

`(a) In General- The Secretary may make grants for the purchase of ultrasound equipment. Such ultrasound equipment shall be used by the recipients of such grants to provide, under the direction and supervision of a licensed medical physician, ultrasound examinations to pregnant women consenting to such services.CommentsClose CommentsPermalink





`(b) Eligibility Requirements- An entity may receive a grant under subsection (a) only if the entity meets the following conditions:CommentsClose CommentsPermalink





`(1) The entity is a health center eligible to receive a grant under section 330 of the Public Health Service Act (relating to community health centers, migrant health centers, homeless health centers, and public-housing health centers).CommentsClose CommentsPermalink





`(2) The entity agrees to comply with the following medical procedures:CommentsClose CommentsPermalink





`(A) The entity will inform each pregnant woman upon whom the ultrasound equipment is used that she has the right to view the visual image of the unborn child from the ultrasound examination and that she has the right to hear a general anatomical and physiological description of the characteristics of the unborn child.CommentsClose CommentsPermalink





`(B) The entity will inform each pregnant woman that she has the right to learn, according to the best medical judgment of the physician performing the ultrasound examination or the physician's agent performing such exam, the approximate age of the embryo or unborn child considering the number of weeks elapsed from the probable time of the conception of the embryo or unborn child, based upon the information provided by the client as to the time of her last menstrual period, her medical history, a physical examination, or appropriate laboratory tests.CommentsClose CommentsPermalink





`(c) Application for Grant- A grant may be made under subsection (a) only if an application for the grant is submitted to the Secretary and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this section.CommentsClose CommentsPermalink





`(d) Annual Report to Secretary- A grant may be made under subsection (a) only if the applicant for the grant agrees to report on an annual basis to the Secretary, in such form and manner as the Secretary may require, on the ongoing compliance of the applicant with the eligibility conditions established in subsection (b).CommentsClose CommentsPermalink





`(e) Authorization of Appropriations- For the purpose of carrying out this section, there are authorized to be appropriated $3,000,000 for fiscal year 2009, and such sums as may be necessary for each of the fiscal years 2010 through 2013.'.CommentsClose CommentsPermalink

SEC. 202. REPORT ON REASONS WHY WOMEN CHOOSE TO HAVE AN ABORTION.

The Secretary shall enter into an agreement with the Institute of Medicine to study the reasons why women choose to have an abortion. The Secretary shall ensure that a report from the Institute describing the findings of the study is submitted to the Congress not later than January 10, 2011.CommentsClose CommentsPermalink

TITLE III--PREGNANCY AS A PREEXISTING CONDITION

SEC. 301. INDIVIDUAL HEALTH INSURANCE COVERAGE FOR PREGNANT WOMEN.

(a) Limitation on Imposition of Pre-Existing Condition Exclusions and Waiting Periods for Women With Prior Coverage- Title XXVII of the Public Health Service Act is amended by inserting after section 2752 the following new section:CommentsClose CommentsPermalink

`SEC. 2753. PROVIDING INDIVIDUAL HEALTH INSURANCE COVERAGE WITHOUT REGARD TO PREEXISTING CONDITION EXCLUSION AND WAITING PERIODS FOR PREGNANT WOMEN WITHIN ONE YEAR OF CONTINUOUS PRIOR COVERAGE.

`In the case of a woman who has had at least 12 months of creditable coverage before seeking individual health insurance coverage, such individual health insurance coverage, and the health insurance issuer offering such coverage, may not impose any preexisting condition exclusion relating to pregnancy as a preexisting condition, any waiting period, or otherwise discriminate in coverage or premiums against the woman on the basis that she is pregnant.'.CommentsClose CommentsPermalink





(b) Effective Date- The amendment made by subsection (a) shall take effect on October 1, 2008, and shall apply to women who become pregnant on or after such date.CommentsClose CommentsPermalink

SEC. 302. CONTINUATION OF HEALTH INSURANCE COVERAGE FOR NEWBORNS.

(a) Group Health Plan Coverage- Title XXVII of the Public Health Service Act is amended by inserting after section 2706 the following new section:CommentsClose CommentsPermalink

`SEC. 2707. CONTINUATION OF COVERAGE FOR NEWBORNS.

`(a) Notification- In the case of a pregnant woman who is covered under a group health plan, or under group health insurance coverage, for other than family coverage, the plan or issuer of the insurance shall provide notice to the woman during the 5th month of pregnancy, during the 8th month of pregnancy, and within 2 weeks after delivery, of the woman's option to provide continuing coverage of the newborn child under the group health plan or health insurance coverage under subsection (b).CommentsClose CommentsPermalink





`(b) Option of Continued Coverage for Newborns- In the case of a pregnant woman described in subsection (a) who has a newborn child under a group health plan or under group health insurance coverage, the plan or issuer offering the coverage shall provide the woman with the option of electing coverage of the newborn child at least through the end of the 30-day period beginning on the date of birth of the child and no waiting period or preexisting condition exclusion shall apply with respect to the coverage of such a newborn child under such plan or coverage. Such continuation coverage shall remain in effect, subject to payment of applicable premiums, for at least such period as the Secretary specifies.'.CommentsClose CommentsPermalink





(b) Individual Health Insurance Coverage- Such title is further amended by inserting after section 2753, as added by section 301, the following new section:CommentsClose CommentsPermalink

`SEC. 2754. CONTINUATION OF COVERAGE FOR NEWBORNS.

`The provisions of section 2707 shall apply with respect to individual health insurance coverage and the issuer of such coverage in the same manner as they apply to group health insurance coverage and the issuer of such coverage.'.CommentsClose CommentsPermalink





(c) Effective Date- The amendments made by this section shall take effect on January 1, 2009, and shall apply to women who become pregnant on or after such date and children who are born of such women.CommentsClose CommentsPermalink

TITLE IV--MEDICAID AND SCHIP COVERAGE OF PREGNANT WOMEN AND UNBORN CHILDREN

SEC. 401. FINDINGS.

Congress makes the following findings:CommentsClose CommentsPermalink





(1) Medicaid and the State Children's Health Insurance Program have collectively provided health insurance coverage to over 38,000,000 low-income pregnant women and children.CommentsClose CommentsPermalink





(2) Evidence-based nurse home visitation programs can improve the health status of low-income pregnant women and children enrolled in Medicaid and the State Children's Health Insurance Program by promoting access to prenatal and well-baby care, reducing pre-term births, reducing high-risk pregnancies, increasing time intervals between first and subsequent births, and improving child cognitive, social and behavioral skills, and development.CommentsClose CommentsPermalink





(3) In addition to health benefits, evidence-based nurse home visitation programs have been proven to increase maternal employment and economic self-sufficiency and significantly reduce child abuse and neglect, child arrests, maternal arrests, and involvement in the criminal justice system.CommentsClose CommentsPermalink





(4) Evidence-based nurse home visitation programs are cost effective, yielding a 5-to-1 return on investment for every dollar spent on services, and producing a net benefit to society of $34,000 per high risk family served.CommentsClose CommentsPermalink

SEC. 402. CODIFICATION OF OPTIONAL SCHIP COVERAGE OF UNBORN CHILDREN.

(a) In General- Section 2110(b) of the Social Security Act (42 U.S.C. 1397jj(b)) is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink





`(5) COVERAGE OF UNBORN CHILDREN- The terms `child' and `individual' include, at the State option, an unborn child.'.CommentsClose CommentsPermalink





(b) Construction- Subsection (a) shall be construed as codifying the regulation promulgated at Federal Register 61956 (October 2, 2002), relating to eligibility for prenatal care and other health services for unborn children under SCHIP.CommentsClose CommentsPermalink

SEC. 403. ADDITIONAL OPTIONS FOR STATES TO PROVIDE NURSE HOME VISITATION SERVICES.

(a) SCHIP- Section 2110(a)(15) of the Social Security Act (42 U.S.C. 1397jj(a)(15)) is amended--CommentsClose CommentsPermalink





(1) by inserting `(A)' after `(15)'; andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





`(B)(i) Evidence-based nurse home visitation services (such as services related to improving prenatal health, pregnancy outcomes, child health and development, school readiness, family stability and economic self-sufficiency, reducing child abuse, neglect, and injury, reducing maternal and child involvement in the criminal justice system, and increasing birth intervals between pregnancies) on behalf of a targeted low-income child who has not attained age 2 and is the first live birth to a biological mother, but only if such services are provided in accordance with outcome standards that have been replicated in multiple, rigorous, randomized controlled trials in multiple sites, with outcomes that improve prenatal health of children, pregnancy outcomes, child health, child development, academic achievement, and mental health, reduce child abuse, neglect, and injury, reduce maternal and child involvement in the criminal justice system, increase birth intervals between pregnancies, and improve maternal employment.'.CommentsClose CommentsPermalink





(b) Medicaid- Section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (27), by striking `and' at the end;CommentsClose CommentsPermalink





(2) by redesignating paragraph (28) as paragraph (29); andCommentsClose CommentsPermalink





(3) by inserting after paragraph (27) the following:CommentsClose CommentsPermalink





`(28) evidence-based nurse home visitation services (such as services related to improving prenatal health, pregnancy outcomes, child health and development, school readiness, family stability and economic self-sufficiency, reducing child abuse, neglect, and injury, reducing maternal and child involvement in the criminal justice system, and increasing birth intervals between pregnancies) for a first-time pregnant woman or on behalf of a child who has not attained age 2 and is the first live birth to a biological mother, but only if such services are provided in accordance with outcome standards that have been replicated in multiple, rigorous, randomized controlled trials in multiple sites, with outcomes that improve prenatal health of children, pregnancy outcomes, child health, child development, academic achievement, and mental health, reduce child abuse, neglect, and injury, reduce maternal and child involvement in the criminal justice system, increase birth intervals between pregnancies, and improve maternal employment; and'.CommentsClose CommentsPermalink





(c) Rule of Construction- Nothing in the amendments made by this Act shall be construed as affecting the ability of a State under the Medicaid program under title XIX of the Social Security Act or the State Children's Health Insurance Program under title XXI of such Act to provide nurse home visitation services as part of another class of items and services falling within the definition of medical assistance or child health assistance under such titles, or as an administrative expenditure for which payment is made under section 1903(a) or 2105(a) of such Act, on or after the date of enactment of this Act.CommentsClose CommentsPermalink





(d) Timely Approval of Amendments or Proposals- The Secretary of Health and Human Services shall, in a timely manner, review and notify a State of the Secretary's approval or disapproval of--CommentsClose CommentsPermalink





(1) any proposed amendment to a State Medicaid plan under title XIX of the Social Security Act to provide nurse home visitation services as medical assistance described in section 1905(a)(28) of such Act;CommentsClose CommentsPermalink





(2) any proposed amendment to a State child health plan under title XXI of such Act to provide such services as child health assistance described in section 2110(a)(15)(B) of such Act; orCommentsClose CommentsPermalink





(3) any proposal submitted under section 1115 of such Act to provide nurse home visitation services described in sections 1905(a)(28) and 2110(a)(15)(B) of such Act under a waiver approved under such section 1115.CommentsClose CommentsPermalink





(e) Effective Date- The amendments made by this section take effect on October 1, 2007, and apply to child health assistance provided under title XXI of the Social Security Act and medical assistance provided under title XIX of such Act on or after that date.CommentsClose CommentsPermalink

SEC. 404. COORDINATION WITH THE MATERNAL AND CHILD HEALTH PROGRAM.

(a) In General- Section 2102(b)(3) of the Social Security Act (42 U.S.C. 1397bb(b)(3)) is amended--CommentsClose CommentsPermalink





(1) in subparagraph (D), by striking `and' at the end;CommentsClose CommentsPermalink





(2) in subparagraph (E), by striking the period and inserting `; and'; andCommentsClose CommentsPermalink





(3) by adding at the end the following new subparagraph:CommentsClose CommentsPermalink





`(F) that operations and activities under this title are developed and implemented 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.'.CommentsClose CommentsPermalink





(b) Conforming Medicaid Amendment- Section 1902(a)(11) of such Act (42 U.S.C. 1396a(a)(11)) is amended--CommentsClose CommentsPermalink





(1) by striking `and' before `(C)'; andCommentsClose CommentsPermalink





(2) by inserting before the semicolon at the end the following: `, and (D) provide that operations and activities under this title are developed and implemented 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'.CommentsClose CommentsPermalink





(c) Effective Date- The amendments made by this section take effect on October 1, 2008.CommentsClose CommentsPermalink

TITLE V--DISCLOSURE OF INFORMATION 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 complete pre-abortion counseling sessions.CommentsClose CommentsPermalink





(b) Accurate Information- Counseling sessions under subsection (a) shall include the following information:CommentsClose CommentsPermalink





(1) The probable gestational age and characteristics of the unborn child at the time the abortion will be performed.CommentsClose CommentsPermalink





(2) How the abortion procedure is performed.CommentsClose CommentsPermalink





(3) Possible short-term and long-term risks and complications of the procedure to be performed.CommentsClose CommentsPermalink





(4) Options or alternatives to abortion, including, but not limited to, adoption, and the resources available in the community to assist women choosing these options.CommentsClose CommentsPermalink





(5) The availability of post-procedure medical services to address the risks and complications of the procedure.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(d) Civil Remedies-CommentsClose CommentsPermalink





(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 violation of this section for actual and punitive damages.CommentsClose CommentsPermalink





(2) CERTAIN AUTHORITIES AND REQUIREMENTS- With respect to an action under paragraph (1):CommentsClose CommentsPermalink





(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 the plaintiff's case was frivolous and brought in bad faith.CommentsClose CommentsPermalink





(B) The court shall determine whether the anonymity of the female involved will be preserved 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 excluding individuals from the courtroom to preserve her identity.CommentsClose CommentsPermalink





(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 pseudonym.CommentsClose CommentsPermalink





(3) RULE OF CONSTRUCTION- Nothing in this subsection may be construed to conceal the identity of the plaintiff or of the witnesses from the defendant.CommentsClose CommentsPermalink





(e) Severability- If any provision of this section requiring informed consent for abortions is found unconstitutional, the unconstitutional provision is severable and the other provisions of this section remain in effect.CommentsClose CommentsPermalink





(f) Preemption- Nothing in this section shall prevent a State from enacting and enforcing additional requirements with respect to informed consent.CommentsClose CommentsPermalink

TITLE VI--SERVICES TO PATIENTS RECEIVING POSITIVE TEST DIAGNOSIS OF DOWN SYNDROME OR OTHER PRENATALLY DIAGNOSED CONDITIONS

SEC. 601. SERVICES TO PATIENTS RECEIVING POSITIVE TEST DIAGNOSIS FOR DOWN SYNDROME OR OTHER PRENATALLY DIAGNOSED CONDITIONS.

(a) Findings and Purposes-CommentsClose CommentsPermalink





(1) FINDINGS- The Congress finds as follows:CommentsClose CommentsPermalink





(A) Pregnant women who choose to undergo prenatal genetic testing should have access to timely, scientific, and nondirective counseling about the conditions being tested for and the accuracy of such tests, from health care professionals qualified to provide and interpret these tests. Informed consent is a critical component of all genetic testing.CommentsClose CommentsPermalink





(B) A recent, peer-reviewed study and two reports from the Centers for Disease Control and Prevention on prenatal testing found a deficiency in the data needed to understand the epidemiology of prenatally diagnosed conditions, to monitor trends accurately, and to increase the effectiveness of health intervention.CommentsClose CommentsPermalink





(2) PURPOSES- It is the purpose of this section, after the diagnosis of an unborn child with Down syndrome or other prenatally diagnosed conditions, to--CommentsClose CommentsPermalink





(A) increase patient referrals to providers of key support services to assist parents in the care, or placement for adoption, of a child with Down syndrome, or other prenatally diagnosed conditions, as well as to provide up-to-date, science-based information about life-expectancy and development potential for a child born with Down syndrome or other prenatally diagnosed condition;CommentsClose CommentsPermalink





(B) provide networks of support services described in subparagraph (A) through a Centers for Disease Control and Prevention patient and provider outreach program;CommentsClose CommentsPermalink





(C) improve available data by incorporating information directly revealed by prenatal testing into existing State-based surveillance programs for birth defects and prenatally diagnosed conditions; andCommentsClose CommentsPermalink





(D) ensure that patients receive up-to-date, scientific information about the accuracy of the test.CommentsClose CommentsPermalink





(b) Amendment to the Public Health Service Act- Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following:CommentsClose CommentsPermalink

`SEC. 399R. SUPPORT FOR PATIENTS RECEIVING A POSITIVE TEST DIAGNOSIS OF DOWN SYNDROME OR OTHER PRENATALLY DIAGNOSED CONDITIONS.

`(a) Definitions- In this section:CommentsClose CommentsPermalink





`(1) DOWN SYNDROME- The term `Down syndrome' refers to a chromosomal disorder caused by an error in cell division that results in the presence of an extra whole or partial copy of chromosome 21.CommentsClose CommentsPermalink





`(2) HEALTH CARE PROVIDER- The term `health care provider' means any person or entity required by State or Federal law or regulation to be licensed, registered, or certified to provide health care services, and who is so licensed, registered, or certified.CommentsClose CommentsPermalink





`(3) PRENATALLY DIAGNOSED CONDITION- The term `prenatally diagnosed condition' means any fetal health condition identified by prenatal genetic testing or prenatal screening procedures.CommentsClose CommentsPermalink





`(4) PRENATAL TEST- The term `prenatal test' means diagnostic or screening tests offered to pregnant women seeking routine prenatal care that are administered by a health care provider based on medical history, family background, ethnic background, previous test results, or other risk factors.CommentsClose CommentsPermalink





`(5) SUPPORT- The terms `support' and `supportive services' mean services to assist parents to care for, and prepare to care for, a child with Down syndrome or another prenatally diagnosed condition, and to facilitate the adoption of such children as appropriate.CommentsClose CommentsPermalink





`(b) Information and Support Services- The Secretary, acting through the Director of the National Institutes of Health, the Director of the Centers for Disease Control and Prevention, or the Administrator of the Health Resources and Services Administration, may authorize and oversee certain activities, including the awarding of grants, contracts, or cooperative agreements, to--CommentsClose CommentsPermalink





`(1) collect, synthesize, and disseminate current scientific information relating to Down syndrome or other prenatally diagnosed conditions;CommentsClose CommentsPermalink





`(2) coordinate the provision of, and access to, new or existing supportive services for patients receiving a positive test diagnosis for Down syndrome or other prenatally diagnosed conditions, including--CommentsClose CommentsPermalink





`(A) the establishment of a resource telephone hotline and Internet Website accessible to patients receiving a positive test result;CommentsClose CommentsPermalink





`(B) the establishment of national and local peer-support programs; andCommentsClose CommentsPermalink





`(C) the establishment of a national registry, or network of local registries, of families willing to adopt newborns with Down syndrome or other prenatally diagnosed conditions, and links to adoption agencies willing to place babies with Down syndrome or other prenatally diagnosed conditions, with families willing to adopt;CommentsClose CommentsPermalink





`(3) establish a clearinghouse of information regarding the scientific facts, clinical course, life expectancy, and development potential relating to Down syndrome or other prenatally diagnosed conditions; andCommentsClose CommentsPermalink





`(4) establish awareness and education programs for health care providers who provide the results of prenatal tests for Down syndrome or other prenatally diagnosed conditions, to patients, consistent with the purpose described in section 601(a)(2)(A) of the Pregnant Women Support Act.CommentsClose CommentsPermalink





`(c) Data Collection-CommentsClose CommentsPermalink





`(1) PROVISION OF ASSISTANCE- The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall provide assistance to State and local health departments to integrate the results of prenatal testing into State-based vital statistics and birth defects surveillance programs.CommentsClose CommentsPermalink





`(2) ACTIVITIES- The Secretary shall ensure that activities carried out under paragraph (1) are sufficient to extract population-level data relating to national rates and results of prenatal testing.CommentsClose CommentsPermalink





`(d) Provision of Information by Providers- Upon receipt of a positive test result from a prenatal test for Down syndrome or other prenatally diagnosed conditions performed on a patient, the health care provider involved (or his or her designee) shall provide the patient with the following:CommentsClose CommentsPermalink





`(1) Up-to-date, scientific, written information concerning the life expectancy, clinical course, and intellectual and functional development and treatment options for an unborn child diagnosed with or child born with Down syndrome or other prenatally diagnosed conditions.CommentsClose CommentsPermalink





`(2) Referral to supportive services providers, including information hotlines specific to Down syndrome or other prenatally diagnosed conditions, resource centers or clearinghouses, and other education and support programs described in subsection (b).CommentsClose CommentsPermalink





`(e) Privacy-CommentsClose CommentsPermalink





`(1) IN GENERAL- Notwithstanding subsections (c) and (d), nothing in this section shall be construed to permit or require the collection, maintenance, or transmission, without the health care provider obtaining the prior, written consent of the patient, of--CommentsClose CommentsPermalink





`(A) health information or data that identify a patient, or with respect to which there is a reasonable basis to believe the information could be used to identify the patient (including a patient's name, address, healthcare provider, or hospital); andCommentsClose CommentsPermalink





`(B) data that are not related to the epidemiology of the condition being tested for.CommentsClose CommentsPermalink





`(2) GUIDANCE- Not later than 180 days after the date of enactment of this section, the Secretary shall establish guidelines concerning the implementation of paragraph (1) and subsection (d).CommentsClose CommentsPermalink





`(f) Reports-CommentsClose CommentsPermalink





`(1) IMPLEMENTATION REPORT- Not later than 2 years after the date of enactment of this section, and every 2 years thereafter, the Secretary shall submit a report to Congress concerning the implementation of the guidelines described in subsection (e)(2).CommentsClose CommentsPermalink





`(2) GAO REPORT- Not later than 1 year after the date of enactment of this section, the Government Accountability Office shall submit a report to Congress concerning the effectiveness of current healthcare and family support programs serving as resources for the families of children with disabilities.CommentsClose CommentsPermalink





`(g) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $5,000,000 for each of the fiscal years 2009 through 2013.'.CommentsClose CommentsPermalink

TITLE VII--SUPPORT FOR PREGNANT AND PARENTING COLLEGE STUDENTS

SEC. 701. SENSE OF CONGRESS.

It is the sense of Congress that--CommentsClose CommentsPermalink





(1) pregnant college students should not have to make a choice between keeping their baby and staying in school;CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(3) amounts appropriated to carry out other Federal programs should be reduced to offset the costs of this title.CommentsClose CommentsPermalink

SEC. 702. DEFINITIONS.

In this title:CommentsClose CommentsPermalink





(1) ELIGIBLE INSTITUTION OF HIGHER EDUCATION- The term `eligible institution of higher education' means an institution of higher education (as such term is defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) that has established and operates, or agrees to establish and operate upon the receipt of a grant under this title, a pregnant and parenting student services office described in section 906.CommentsClose CommentsPermalink





(2) PARENT; PARENTING- The terms `parent' and `parenting' refer to a parent or legal guardian of a minor.CommentsClose CommentsPermalink





(3) SECRETARY- The term `Secretary' means the Secretary of Education.CommentsClose CommentsPermalink

SEC. 703. PREGNANT AND PARENTING STUDENT SERVICES PILOT PROGRAM.

From amounts appropriated under section 908 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 offices in accordance with section 906.CommentsClose CommentsPermalink

SEC. 704. 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.CommentsClose CommentsPermalink





(b) Requests for Additional Information- The Secretary may require an eligible institution submitting an application under subsection (a) to provide additional information if the Secretary determines such information is necessary to process the application.CommentsClose CommentsPermalink





(c) Number of Grants- Subject to the availability of appropriations under section 908, the Secretary shall award grants under this title to no more than 200 eligible institutions.CommentsClose CommentsPermalink

SEC. 705. MATCHING REQUIREMENT.

An eligible institution of higher education that receives a grant under this title shall contribute to the conduct 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 services, facilities, supplies, or equipment.CommentsClose CommentsPermalink

SEC. 706. 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 pregnant and parenting student services office, located on the campus of the eligible institution, that carries out the following programs and activities:CommentsClose CommentsPermalink





(1) Hosts an initial pregnancy and parenting resource forum--CommentsClose CommentsPermalink





(A) to assess pregnancy and parenting resources, located on the campus or within the local community, that are available to meet the needs described in paragraph (2); andCommentsClose CommentsPermalink





(B) to set goals for--CommentsClose CommentsPermalink





(i) improving such resources for pregnant, parenting, and prospective parenting students; andCommentsClose CommentsPermalink





(ii) improving access to such resources.CommentsClose CommentsPermalink





(2) Annually assesses the performance of the eligible institution and the office in meeting the following needs of students enrolled in the eligible institution who are pregnant or are parents:CommentsClose CommentsPermalink





(A) The inclusion of maternity coverage and the availability of riders for additional family members in student health care.CommentsClose CommentsPermalink





(B) Family housing.CommentsClose CommentsPermalink





(C) Child care.CommentsClose CommentsPermalink





(D) Flexible or alternative academic scheduling, such as telecommuting programs.CommentsClose CommentsPermalink





(E) Education to improve parenting skills for mothers and fathers and to strengthen marriages.CommentsClose CommentsPermalink





(F) Maternity and baby clothing, baby food (including formula), baby furniture, and similar items to assist parents and prospective parents in meeting the material needs of their children.CommentsClose CommentsPermalink





(G) Post-partum counseling and support groups.CommentsClose CommentsPermalink





(3) Identifies public and private service providers, located on the campus of the eligible institution or within the local community, that are qualified to meet the needs described in paragraph (2), and establishes programs with qualified providers to meet such needs.CommentsClose CommentsPermalink





(4) Assists pregnant and parenting students and their spouses in locating and obtaining services that meet the needs described in paragraph (2).CommentsClose CommentsPermalink





(5) If appropriate, provides referrals for prenatal care and delivery, infant or foster care, or adoption, to a student who requests such information. An office shall make such referrals only to service providers that primarily serve the following types of individuals:CommentsClose CommentsPermalink





(A) Parents.CommentsClose CommentsPermalink





(B) Prospective parents awaiting adoption.CommentsClose CommentsPermalink





(C) Women who are pregnant and plan on parenting or placing the child for adoption.CommentsClose CommentsPermalink





(D) Parenting or prospective parenting couples who are married or who plan on marrying in order to provide a supportive environment for each other and their child.CommentsClose CommentsPermalink





(b) Expanded Services- In carrying out the programs 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 eligible institution, and the employee's spouse.CommentsClose CommentsPermalink

SEC. 707. REPORTING.

(a) Annual Report by Institutions-CommentsClose CommentsPermalink





(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 determined by the Secretary, a report that--CommentsClose CommentsPermalink





(A) itemizes the pregnant and parenting student services office's expenditures for the fiscal year;CommentsClose CommentsPermalink





(B) contains a review and evaluation of the performance of the office in fulfilling the requirements of this title, using the specific performance criteria or standards established under paragraph (2)(A); andCommentsClose CommentsPermalink





(C) describes the achievement of the office in meeting the needs listed in section 906(a)(2) of the students served by the eligible institution, and the frequency of use of the office by such students.CommentsClose CommentsPermalink





(2) PERFORMANCE CRITERIA- Not later than 180 days before the date the annual report described in paragraph (1) is submitted, the Secretary--CommentsClose CommentsPermalink





(A) shall identify the specific performance criteria or standards that shall be used to prepare the report; andCommentsClose CommentsPermalink





(B) may establish the form or format of the report.CommentsClose CommentsPermalink





(3) ADDITIONAL INFORMATION- After reviewing 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 information is necessary to evaluate the pilot program.CommentsClose CommentsPermalink





(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 receiving funds under this title, to the appropriate committees of the Senate and the House of Representatives.CommentsClose CommentsPermalink

SEC. 708. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated to carry out this title no more than $10,000,000 for each of the fiscal years 2009 through 2013.CommentsClose CommentsPermalink

TITLE VIII--SUPPORT FOR PREGNANT AND PARENTING TEENS

SEC. 801. GRANTS TO STATES.

The Secretary shall make grants to States to allow early childhood education programs, including Head Start, to work with pregnant or parenting teens to complete high school and prepare for college or for vocational education.CommentsClose CommentsPermalink

TITLE IX--IMPROVING SERVICES FOR PREGNANT WOMEN WHO ARE VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, AND STALKING

SEC. 901. FINDINGS.

The Congress finds as follows:CommentsClose CommentsPermalink





(1) Pregnant and recently pregnant women are more likely to be victims of homicide than to die of any other causes, and evidence exists that a significant proportion of all female homicide victims are killed by their intimate partners.CommentsClose CommentsPermalink





(2) A 2001 study published by the Journal of the American Medical Association found that murder is the number one cause of death among pregnant women.CommentsClose CommentsPermalink





(3) Research suggests that injury-related deaths, including homicide and suicide, account for approximately one-third of all maternal mortality cases, while medical reasons make up the rest. Homicide is the leading cause of death overall for pregnant women, followed by cancer, acute and chronic respiratory conditions, motor vehicle collisions and drug overdose, peripartum and postpartum cardiomyopthy, and suicide.CommentsClose CommentsPermalink

SEC. 902. PROGRAM TO SUPPORT PREGNANT WOMEN WHO ARE VICTIMS OF DOMESTIC VIOLENCE.

(a) In General- For fiscal year 2009 and each subsequent fiscal year, the Attorney General, through the Director of the Office on Violence Against Women, may award grants to States, to be used for any of the following purposes:CommentsClose CommentsPermalink





(1) To assist States in providing intervention services, accompaniment, and supportive social services for eligible pregnant women who are victims of domestic violence, dating violence, or stalking.CommentsClose CommentsPermalink





(2) To provide for technical assistance and training (as described in subsection (c)) relating to violence against eligible pregnant women to be made available to the following:CommentsClose CommentsPermalink





(A) Federal, State, tribal, territorial, and local governments, law enforcement agencies, and courts.CommentsClose CommentsPermalink





(B) Professionals working in legal, social service, and health care settings.CommentsClose CommentsPermalink





(C) Nonprofit organizations.CommentsClose CommentsPermalink





(D) Faith-based organizations.CommentsClose CommentsPermalink





(b) State Eligibility- To be eligible for a grant under subsection (a), a State shall--CommentsClose CommentsPermalink





(1) submit to the Attorney General an application in such time and manner, and containing such information, as specified by the Attorney General; andCommentsClose CommentsPermalink





(2) for a grant made for a fiscal year beginning on or after the date that is one year after the date of the enactment of this title, satisfy the requirement under section 903, relating to female homicide victim determinations and death certificates.CommentsClose CommentsPermalink





(c) Technical Assistance and Training Described- For purposes of subsection (a)(2), technical assistance and training is--CommentsClose CommentsPermalink





(1) the identification of eligible pregnant women experiencing domestic violence, dating violence, or stalking;CommentsClose CommentsPermalink





(2) the assessment of the immediate and short-term safety of such a pregnant woman, the evaluation of the impact of the violence or stalking on the pregnant woman's health, and the assistance of the pregnant woman in developing a plan aimed at preventing further domestic violence, dating violence, or stalking, as appropriate;CommentsClose CommentsPermalink





(3) the maintenance of complete medical or forensic records that include the documentation of any examination, treatment given, and referrals made, recording the location and nature of the pregnant woman's injuries, and the establishment of mechanisms to ensure the privacy and confidentiality of those medical records; andCommentsClose CommentsPermalink





(4) the identification and referral of the pregnant woman to appropriate public and private nonprofit entities that provide intervention services, accompaniment, and supportive social services.CommentsClose CommentsPermalink





(d) Definitions- For purposes of this title:CommentsClose CommentsPermalink





(1) ACCOMPANIMENT- The term `accompaniment' means assisting, representing, and accompanying a woman in seeking judicial relief for child support, child custody, restraining orders, and restitution for harm to persons and property, and in filing criminal charges, and may include the payment of court costs and reasonable attorney and witness fees associated therewith.CommentsClose CommentsPermalink





(2) ELIGIBLE PREGNANT WOMAN- The term `eligible pregnant woman' means any woman who is pregnant on the date on which such woman becomes a victim of domestic violence, dating violence, or stalking or who was pregnant during the one-year period before such date.CommentsClose CommentsPermalink





(3) INTERVENTION SERVICES- The term `intervention services' means, with respect to domestic violence, dating violence, or stalking, 24-hour telephone hotline services for police protection and referral to shelters.CommentsClose CommentsPermalink





(4) STATE- The term `State' includes the District of Columbia, any commonwealth, possession, or other territory of the United States, and any Indian tribe or reservation.CommentsClose CommentsPermalink





(5) SUPPORTIVE SOCIAL SERVICES- The term `supportive social services' means transitional and permanent housing, vocational counseling, and individual and group counseling aimed at preventing domestic violence, dating violence, or stalking.CommentsClose CommentsPermalink





(6) VIOLENCE- The term `violence' means actual violence and the risk or threat of violence.CommentsClose CommentsPermalink





(e) Authorization of Appropriations- For the purpose of making allotments under subsection (a), there are authorized to be appropriated $4,000,000 for each of the fiscal years 2009 through 2013.CommentsClose CommentsPermalink

SEC. 903. HOMICIDE DEATH CERTIFICATES OF CERTAIN FEMALE VICTIMS.

For purposes of section 902(b)(2), the requirement under this section is that not later than the date that is one year after the date of the enactment of this title, a State shall require, with respect to any homicide case initiated after such one-year date and in which the victim is a female of possible child-bearing age, each of the following:CommentsClose CommentsPermalink





(1) A determination of which, if any, of the following categories, described the victim:CommentsClose CommentsPermalink





(A) The victim was pregnant on the date of her death.CommentsClose CommentsPermalink





(B) The victim was not pregnant on the date of her death, but had been pregnant during the 42-day period before such date.CommentsClose CommentsPermalink





(C) The victim was not pregnant on the date of her death, but had been pregnant during the period beginning on the date that was one year before such date of her death and ending on the date that was 43 days before such date of her death.CommentsClose CommentsPermalink





(D) The victim was not pregnant during the one-year period before the date of her death.CommentsClose CommentsPermalink





(E) It could not be determined whether or not the victim had been pregnant during the one-year period before the date of her death.CommentsClose CommentsPermalink





(2) The determination made under paragraph (1) shall be included in the death certificate of the victim.CommentsClose CommentsPermalink

TITLE X--FEDERALLY-FUNDED HOMES FOR PREGNANT AND PARENTING WOMEN; ADOPTION COUNSELING; PARENTING SKILLS

SEC. 1001. COUNSELING REQUIREMENTS.

With respect to any program of grants that is administered by the Secretary and whose purposes include providing funds for group homes for pregnant and parenting women, the Secretary shall require as a condition of making such grants that the entities operating the group homes provide to such women, upon request--CommentsClose CommentsPermalink





(1) adoption counseling; andCommentsClose CommentsPermalink





(2) counseling on parenting skills.CommentsClose CommentsPermalink

TITLE XI--EXPANSION OF ADOPTION CREDIT AND ADOPTION ASSISTANCE PROGRAMS

SEC. 1101. EXPANSION OF ADOPTION CREDIT AND ADOPTION ASSISTANCE PROGRAMS.

(a) Increase in Dollar Limitation-CommentsClose CommentsPermalink





(1) ADOPTION CREDIT-CommentsClose CommentsPermalink





(A) IN GENERAL- Paragraph (1) of section 23(b) of the Internal Revenue Code of 1986 (relating to dollar limitation) is amended by striking `$10,000' and inserting `$15,000'.CommentsClose CommentsPermalink





(B) CHILD WITH SPECIAL NEEDS- Paragraph (3) of section 23(a) of such Code (relating to $10,000 credit for adoption of child with special needs regardless of expenses) is amended--CommentsClose CommentsPermalink





(i) in the text by striking `$10,000' and inserting `$15,000', andCommentsClose CommentsPermalink





(ii) in the heading by striking `$10,000' and inserting `$15,000'.CommentsClose CommentsPermalink





(C) CONFORMING AMENDMENT TO INFLATION ADJUSTMENT- Subsection (h) of section 23 of such Code (relating to adjustments for inflation) is amended to read as follows:CommentsClose CommentsPermalink





`(h) Adjustments for Inflation-CommentsClose CommentsPermalink





`(1) DOLLAR LIMITATIONS- In the case of a taxable year beginning after December 31, 2008, each of the dollar amounts in subsections (a)(3) and (b)(1) shall be increased by an amount equal to--CommentsClose CommentsPermalink





`(A) such dollar amount, multiplied byCommentsClose CommentsPermalink





`(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2008' for `calendar year 1992' in subparagraph (B) thereof.CommentsClose CommentsPermalink





If any amount as increased under the preceding sentence is not a multiple of $10, such amount shall be rounded to the nearest multiple of $10.CommentsClose CommentsPermalink





`(2) INCOME LIMITATION- In the case of a taxable year beginning after December 31, 2002, the dollar amount in subsection (b)(2)(A)(i) shall be increased by an amount equal to--CommentsClose CommentsPermalink





`(A) such dollar amount, multiplied byCommentsClose CommentsPermalink





`(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2001' for `calendar year 1992' in subparagraph (B) thereof.CommentsClose CommentsPermalink





If any amount as increased under the preceding sentence is not a multiple of $10, such amount shall be rounded to the nearest multiple of $10.'.CommentsClose CommentsPermalink





(2) ADOPTION ASSISTANCE PROGRAMS-CommentsClose CommentsPermalink





(A) IN GENERAL- Paragraph (1) of section 137(b) of the Internal Revenue Code of 1986 (relating to dollar limitation) is amended by striking `$10,000' and inserting `$15,000'.CommentsClose CommentsPermalink





(B) CHILD WITH SPECIAL NEEDS- Paragraph (2) of section 137(a) of such Code (relating to $10,000 exclusion for adoption of child with special needs regardless of expenses) is amended--CommentsClose CommentsPermalink





(i) in the text by striking `$10,000' and inserting `$15,000', andCommentsClose CommentsPermalink





(ii) in the heading by striking `$10,000' and inserting `$15,000'.CommentsClose CommentsPermalink





(C) CONFORMING AMENDMENT TO INFLATION ADJUSTMENT- Subsection (f) of section 137 of such Code (relating to adjustments for inflation) is amended to read as follows:CommentsClose CommentsPermalink





`(f) Adjustments for Inflation-CommentsClose CommentsPermalink





`(1) DOLLAR LIMITATIONS- In the case of a taxable year beginning after December 31, 2008, each of the dollar amounts in subsections (a)(2) and (b)(1) shall be increased by an amount equal to--CommentsClose CommentsPermalink





`(A) such dollar amount, multiplied byCommentsClose CommentsPermalink





`(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2007' for `calendar year 1992' in subparagraph (B) thereof.CommentsClose CommentsPermalink





If any amount as increased under the preceding sentence is not a multiple of $10, such amount shall be rounded to the nearest multiple of $10.CommentsClose CommentsPermalink





`(2) INCOME LIMITATION- In the case of a taxable year beginning after December 31, 2002, the dollar amount in subsection (b)(2)(A) shall be increased by an amount equal to--CommentsClose CommentsPermalink





`(A) such dollar amount, multiplied byCommentsClose CommentsPermalink





`(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2001' for `calendar year 1992' in subparagraph thereof.CommentsClose CommentsPermalink





If any amount as increased under the preceding sentence is not a multiple of $10, such amount shall be rounded to the nearest multiple of $10.'.CommentsClose CommentsPermalink





(b) Credit Made Refundable-CommentsClose CommentsPermalink





(1) CREDIT MOVED TO SUBPART RELATING TO REFUNDABLE CREDITS- The Internal Revenue Code of 1986 is amended--CommentsClose CommentsPermalink





(A) by redesignating section 36 as section 37,CommentsClose CommentsPermalink





(B) by redesignating section 23, as amended by subsection (a), as section 36, andCommentsClose CommentsPermalink





(C) by moving section 36 (as so redesignated) from subpart A of part IV of subchapter A of chapter 1 to the location immediately before section 37 (as so redesignated) in subpart C of part IV of subchapter A of chapter 1.CommentsClose CommentsPermalink





(2) CONFORMING AMENDMENTS-CommentsClose CommentsPermalink





(A) Section 24(b)(3)(B) of such Code is amended by striking `sections 23 and' and inserting `section'.CommentsClose CommentsPermalink





(B) Section 25(e)(1)(C) of such Code is amended--CommentsClose CommentsPermalink





(i) in clause (i) by striking `23, 25D,' and inserting `25D', andCommentsClose CommentsPermalink





(ii) in clause (ii) by striking `23,'.CommentsClose CommentsPermalink





(C) Section 25B(g)(2) of such Code is amended by striking `and section 23'.CommentsClose CommentsPermalink





(D) Section 25D(c)(2) of such Code is amended by striking `23, 24,' and inserting `24'.CommentsClose CommentsPermalink





(E) Section 26(a)(1) of such Code is amended by striking `23, 24' and inserting `24'.CommentsClose CommentsPermalink





(F) Section 36 of such Code, as so redesignated, is amended--CommentsClose CommentsPermalink





(i) by striking paragraph (4) of subsection (b), andCommentsClose CommentsPermalink





(ii) by striking subsection (c).CommentsClose CommentsPermalink





(G) Section 137 of such Code is amended--CommentsClose CommentsPermalink





(i) in subsection (d) by striking `section 23(d)' and inserting `section 36(d)', andCommentsClose CommentsPermalink





(ii) in subsection (e) by striking `section 23' and inserting `section 36'.CommentsClose CommentsPermalink





(H) Section 904(i) of such Code is amended by striking `23, 24,' and inserting `24'.CommentsClose CommentsPermalink





(I) Section 1016(a)(26) is amended by striking `23(g)' and inserting `36(g)'.CommentsClose CommentsPermalink





(J) Section 1400C(d) of such Code is amended by striking `23, 24,' and inserting `24'.CommentsClose CommentsPermalink





(K) The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code of 1986 is amended by striking the item relating to section 23.CommentsClose CommentsPermalink





(L) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting `or 36' after `section 35'.CommentsClose CommentsPermalink





(M) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the last item and inserting the following new items:CommentsClose CommentsPermalink





`Sec. 36. Adoption expenses.CommentsClose CommentsPermalink





`Sec. 37. Overpayments of tax.'.CommentsClose CommentsPermalink





(c) Modifications Made by EGTRRA to Adoption Credit Made Permanent- Title IX of the Economic Growth and Tax Relief Reconciliation Act of 2001 shall not apply to the amendments made by section 202 of such Act.CommentsClose CommentsPermalink





(d) Effective Date- The amendments made by this section shall apply to taxable years beginning after December 31, 2008.CommentsClose CommentsPermalink

TITLE XII--PROVIDING SUPPORT TO NEW PARENTS

SEC. 1201. INCREASED SUPPORT FOR WIC PROGRAM.

(a) Findings- Congress finds the following:CommentsClose CommentsPermalink





(1) The special supplemental nutrition program for women, infants, and children (WIC) authorized in the Child Nutrition Act of 1966 (42 U.S.C. 1786) served approximately 8,100,000 women, infants, and children per month in fiscal year 2006.CommentsClose CommentsPermalink





(2) Half of all infants in the United States and 1 in 4 young children under age 5 get crucial health and nutrition benefits from the WIC Program.CommentsClose CommentsPermalink





(3) It is estimated that every dollar spent on WIC results in between $1.92 and $4.21 in Medicaid savings for newborns and their mothers.CommentsClose CommentsPermalink





(4) The WIC program has been proven to increase the number of women receiving prenatal care, reduce the incidence of low birth weight and fetal mortality, reduce anemia, and enhance the nutritional quality of the diet of mothers and children.CommentsClose CommentsPermalink





(5) The WIC program's essential, effective nutrition services include nutrition assessment, counseling and education, obesity prevention, breastfeeding support and promotion, prenatal and pediatric health care referrals and follow-up, spousal and child abuse referral, drug and alcohol abuse referral, immunization screening, assessment and referral, and a host of other services for mothers and children.CommentsClose CommentsPermalink





(b) Authorization of Appropriations- For the purpose of carrying out the special supplemental nutrition program for women, infants, and children (WIC) (42 U.S.C. 1786), there is authorized to be appropriated $6,000,000,000 for fiscal year 2009, and such sums as may be necessary for each of fiscal years 2010 through 2013, of which--CommentsClose CommentsPermalink





(1) there is authorized to be appropriated $15,000,000 for fiscal year 2009, and such sums as may be necessary for each of fiscal years 2010 through 2013, for breast-feeding peer counselors; andCommentsClose CommentsPermalink





(2) there is authorized to be appropriated $14,000,000 for fiscal year 2009, and such sums as may be necessary for each of fiscal years 2010 through 2013, for infrastructure needs.CommentsClose CommentsPermalink

SEC. 1202. NUTRITIONAL SUPPORT FOR LOW-INCOME PARENTS.

Section 5(c)(2) of the Food Stamp Act of 1977 (7 U.S.C. 2014(c)(2)) is amended by striking `30 per centum' and inserting `85 percent'.CommentsClose CommentsPermalink

SEC. 1203. INCREASED FUNDING FOR THE CHILD CARE AND DEVELOPMENT BLOCK GRANT PROGRAM.

(a) Authorization of Appropriations- Section 658B of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858) is amended to read as follows:CommentsClose CommentsPermalink

`SEC. 658B. AUTHORIZATION OF APPROPRIATIONS.

`There are authorized to be appropriated to carry out this subchapter $2,350,000,000 for fiscal year 2009 and such sums as may be necessary for fiscal years 2010 through 2013.'.CommentsClose CommentsPermalink





(b) Conforming Amendment- Section 658E(c)(3)(D) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858c(c)(3)(D)) is amended by striking `1997 through 2002' and inserting `2009 through 2013'.CommentsClose CommentsPermalink

TITLE XIII--COLLECTING AND REPORTING ABORTION DATA

SEC. 1301. GRANTS FOR COLLECTION AND REPORTING OF ABORTION DATA.

(a) Grants- The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may make grants to States for collecting and reporting abortion surveillance data.CommentsClose CommentsPermalink





(b) Reporting Requirement-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary may make a grant to a State under this section only if the State agrees to submit a report in each of fiscal years 2010 and 2012 on the State's abortion surveillance data.CommentsClose CommentsPermalink





(2) CONTENTS- Each report submitted by a State under this subsection shall, with respect to the preceding 2 fiscal years, include--CommentsClose CommentsPermalink





(A) the number and characteristics of women obtaining abortions in the State; andCommentsClose CommentsPermalink





(B) the characteristics of these abortions, including the approximate gestational age of the unborn child, the abortion method, and any known physical or psychological complications.CommentsClose CommentsPermalink





(3) PERSONAL INFORMATION- A report submitted by a State under this subsection shall not contain the name of any woman obtaining or seeking to obtain an abortion, any common identifier (such as a social security number), or any other identifier (including statistical information) that would make it possible to identify in any manner or under any circumstances an individual who has obtained or seeks to obtain an abortion.CommentsClose CommentsPermalink





(c) Confidentiality- The Secretary shall maintain the confidentiality of any individually identifiable information reported to the Secretary under this section.CommentsClose CommentsPermalink





(d) Report to Congress-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than the end of fiscal year 2012, the Secretary shall submit a report to the Congress on the abortion surveillance data reported to the Secretary under this section.CommentsClose CommentsPermalink





(2) PERSONAL INFORMATION- A report submitted by the Secretary to the Congress under this subsection shall not contain any name or other identifier described in subsection (b)(3).CommentsClose CommentsPermalink





(e) Authorization of Appropriations- To carry out this section, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2009 through 2013.CommentsClose CommentsPermalink