Text: S.2407 — 110th Congress (2007-2008)All Information (Except Text)

There is one version of the bill.

Text available as:

Shown Here:
Introduced in Senate (12/04/2007)

★(Star Print)


110th CONGRESS
1st Session
S. 2407


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


IN THE SENATE OF THE UNITED STATES

December 4, 2007

Mr. Casey introduced the following bill; which was read twice and referred to the Committee on Finance


A BILL

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

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

SECTION 1. Short title; table of contents.

(a) Short title.—This Act may be cited as the “Pregnant Women Support Act”.

(b) Table of contents.—The table of contents for this Act is as follows:


Sec. 1. Short title; table of contents.

Sec. 2. Findings.

Sec. 3. Definitions.

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.

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

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

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

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

Sec. 401. Codification of optional SCHIP coverage of unborn children.

Sec. 402. Coordination with the maternal and child health program.

Sec. 501. Disclosure of information on abortion services.

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

Sec. 701. Sense of Congress.

Sec. 702. Definitions.

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

Sec. 704. Application; number of grants.

Sec. 705. Matching Requirement.

Sec. 706. Use of funds.

Sec. 707. Reporting.

Sec. 708. Authorization of appropriations.

Sec. 801. Grants to States.

Sec. 901. Findings.

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

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

Sec. 1001. Counseling requirements.

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

Sec. 1201. Increased support for WIC program.

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

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

Sec. 1204. Teenage or first-time mothers; free home visits by registered nurses for education on health needs of infants.

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

SEC. 2. Findings.

The Congress finds as follows:

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

(2) 48 percent of all pregnancies in America are unintended. Excluding miscarriages, 54 percent of unintended pregnancies end in abortion.

(3) 57 percent of women who have abortions have incomes below 200 percent of the poverty level.

(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.

(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.

(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.

SEC. 3. Definitions.

For purposes of this Act:

(1) The term “Secretary” means the Secretary of Health and Human Services.

(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.

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.

(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:

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

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

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

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

(B) adoption centers; and

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

(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.

(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:

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

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

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

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:

“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.

“(b) Eligibility requirements.—An entity may receive a grant under subsection (a) only if the entity meets the following conditions:

“(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).

“(2) The entity agrees to comply with the following medical procedures:

“(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.

“(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.

“(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.

“(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).

“(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.”.

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.

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:

“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.”.

(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.

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:

“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).

“(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.”.

(b) Individual health insurance coverage.—Such title is further amended by inserting after section 2753, as added by section 301, the following new section:

“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.”.

(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.

SEC. 401. 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:

“(5) COVERAGE OF UNBORN CHILDREN.—The terms ‘child’ and ‘individual’ include, at the State option, an unborn child.”.

(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.

SEC. 402. 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—

(1) in subparagraph (D), by striking “and” at the end;

(2) in subparagraph (E), by striking the period and inserting “; and”; and

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

“(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.”.

(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 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”.

(c) Effective date.—The amendments made by this section take effect on October 1, 2008.

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.

(b) Accurate information.—Counseling sessions under subsection (a) shall include the following information:

(1) The probable gestational age and characteristics 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) Options or alternatives to abortion, including, but not limited to, adoption, and the resources available in the community to assist women choosing these options.

(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 violation of this section for actual and punitive damages.

(2) CERTAIN AUTHORITIES AND REQUIREMENTS.—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 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 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.

(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.

(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.

(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.

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

SEC. 601. Services to patients receiving positive test diagnosis for down syndrome or other prenatally diagnosed conditions.

(a) Findings and purposes.—

(1) FINDINGS.—The Congress finds as follows:

(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.

(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.

(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—

(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;

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

(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; and

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

(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:

“SEC. 399R. Support for patients receiving a positive test diagnosis of down syndrome or other prenatally diagnosed conditions.

“(a) Definitions.—In this section:

“(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.

“(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.

“(3) PRENATALLY DIAGNOSED CONDITION.—The term ‘prenatally diagnosed condition’ means any fetal health condition identified by prenatal genetic testing or prenatal screening procedures.

“(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.

“(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.

“(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—

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

“(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—

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

“(B) the establishment of national and local peer-support programs; and

“(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;

“(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; and

“(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.

“(c) Data collection.—

“(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.

“(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.

“(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:

“(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.

“(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).

“(e) Privacy.—

“(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—

“(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); and

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

“(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).

“(f) Reports.—

“(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).

“(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.

“(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.”.

SEC. 701. 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. 702. Definitions.

In this title:

(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.

(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. 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.

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.

(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.

(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.

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.

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:

(1) Hosts an initial pregnancy and parenting resource forum—

(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); and

(B) to set goals for—

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

(ii) improving access to such resources.

(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:

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

(B) Family housing.

(C) Child care.

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

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

(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.

(G) Post-partum counseling and support groups.

(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.

(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 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:

(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 marrying in order to provide a supportive environment for each other and their child.

(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.

SEC. 707. 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 determined by the Secretary, a report that—

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

(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); and

(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.

(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 prepare the report; and

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

(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.

(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.

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.

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.

SEC. 901. Findings.

The Congress finds as follows:

(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.

(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.

(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.

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:

(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.

(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:

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

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

(C) Nonprofit organizations.

(D) Faith-based organizations.

(b) State eligibility.—To be eligible for a grant under subsection (a), a State shall—

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

(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.

(c) Technical assistance and training described.—For purposes of subsection (a)(2), technical assistance and training is—

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

(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;

(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; and

(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.

(d) Definitions.—For purposes of this title:

(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.

(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.

(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.

(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.

(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.

(6) VIOLENCE.—The term “violence” means actual violence and the risk or threat of violence.

(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.

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:

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

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

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

(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.

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

(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.

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

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—

(1) adoption counseling; and

(2) counseling on parenting skills.

SEC. 1101. Expansion of adoption credit and adoption assistance programs.

(a) Increase in dollar limitation.—

(1) ADOPTION CREDIT.—

(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”.

(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—

(i) in the text by striking “$10,000” and inserting “$15,000”, and

(ii) in the heading by striking “$10,000” and inserting “$15,000”.

(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:

“(h) Adjustments for inflation.—

“(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—

“(A) such dollar amount, multiplied by

“(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.

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.

“(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—

“(A) such dollar amount, multiplied by

“(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.

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.”.

(2) ADOPTION ASSISTANCE PROGRAMS.—

(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”.

(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—

(i) in the text by striking “$10,000” and inserting “$15,000”, and

(ii) in the heading by striking “$10,000” and inserting “$15,000”.

(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:

“(f) Adjustments for inflation.—

“(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—

“(A) such dollar amount, multiplied by

“(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.

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.

“(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—

“(A) such dollar amount, multiplied by

“(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.

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.”.

(b) Credit made refundable.—

(1) CREDIT MOVED TO SUBPART RELATING TO REFUNDABLE CREDITS.—The Internal Revenue Code of 1986 is amended—

(A) by redesignating section 36 as section 37,

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

(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.

(2) CONFORMING AMENDMENTS.—

(A) Section 24(b)(3)(B) of such Code is amended by striking “sections 23 and” and inserting “section”.

(B) Section 25(e)(1)(C) of such Code is amended—

(i) in clause (i) by striking “23, 25D,” and inserting “25D”, and

(ii) in clause (ii) by striking “23,”.

(C) Section 25B(g)(2) of such Code is amended by striking “and section 23”.

(D) Section 25D(c)(2) of such Code is amended by striking “23, 24,” and inserting “24”.

(E) Section 26(a)(1) of such Code is amended by striking “23, 24” and inserting “24”.

(F) Section 36 of such Code, as so redesignated, is amended—

(i) by striking paragraph (4) of subsection (b), and

(ii) by striking subsection (c).

(G) Section 137 of such Code is amended—

(i) in subsection (d) by striking “section 23(d)” and inserting “section 36(d)”, and

(ii) in subsection (e) by striking “section 23” and inserting “section 36”.

(H) Section 904(i) of such Code is amended by striking “23, 24,” and inserting “24”.

(I) Section 1016(a)(26) is amended by striking “23(g)” and inserting “36(g)”.

(J) Section 1400C(d) of such Code is amended by striking “23, 24,” and inserting “24”.

(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.

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

(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:


“Sec. 36. Adoption expenses.

“Sec. 37. Overpayments of tax.”.

(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.

(d) Effective date.—The amendments made by this section shall apply to taxable years beginning after December 31, 2008.

SEC. 1201. Increased support for WIC program.

(a) Findings.—Congress finds the following:

(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.

(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.

(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.

(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.

(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.

(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—

(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; and

(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.

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”.

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:

“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.”.

(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”.

SEC. 1204. Teenage or first-time mothers; free home visits by registered nurses for education on health needs of infants.

(a) In general.—The Secretary may make grants to local health departments to provide to eligible mothers, without charge, education on the health needs of their infants through visits to their homes by registered nurses.

(b) Eligible mother.—

(1) IN GENERAL.—For purposes of subsection (a), a woman is an eligible mother if, subject to paragraph (2), the woman—

(A) is the mother of an infant who is not more than 24 months of age; and

(B) (i) the woman was under the age of 20 at the time of birth; or

(ii) the infant referred to in subparagraph (A) is the first child of the woman.

(2) ADDITIONAL REQUIREMENTS FOR CERTAIN MOTHERS.—In the case of a woman described in paragraph (1)(B)(ii) who is 20 years of age or older, the woman is an eligible mother for purposes of subsection (a) only if the woman meets such standards in addition to the applicable standards under paragraph (1) as the local health department involved determines to be appropriate.

(c) Certain requirements.—A grant may be made under subsection (a) only if the applicant involved agrees as follows:

(1) The program carried out under such subsection by the applicant will be designed to instill in eligible mothers confidence in their abilities to provide for the health needs of their newborns, including through—

(A) providing information on child development; and

(B) soliciting questions from the mothers.

(2) The registered nurses who make home visits under subsection (a) will, as needed, provide referrals for health and social services to serve the needs of the newborns.

(3) The period during which the visits will be available to an eligible mother will not be fewer than six months.

(d) Authorized services.—

(1) REQUIREMENTS.—A grant may be made under subsection (a) only if the applicant involved agrees that the following services will be provided by registered nurses in home visits under subsection (a):

(A) Information on child health and development, including suggestions for child-developmental activities that are enjoyable for parents and children.

(B) Advice on parenting, including information on how to develop a strong parent-child relationship.

(C) Information on resources about parenting, including identifying books and videos that are available at local libraries.

(D) Information on upcoming parenting workshops in the local region.

(E) Information on programs that facilitate parent-to-parent support services.

(F) In the case of an eligible mother who is a student, information on resources that may assist the mother in completing the educational courses involved.

(2) ADDITIONAL SERVICES.—A grant under subsection (a) may be expended to provide services during home visits under such subsection in addition to the services specified in paragraph (1).

(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 fiscal years 2010 through 2013.

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.

(b) Reporting requirement.—

(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.

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

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

(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.

(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.

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

(d) Report to Congress.—

(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.

(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).

(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.