42 U.S.C. § 710

Current through P.L. 118-107 (published on www.congress.gov on 11/21/2024)

Section 710 - Sexual risk avoidance education

(a) In general

(1) Allotments to States

For the purpose described in subsection (b), the Secretary shall, for each of fiscal years 2018 through 2023, for the period beginning on October 1, 2023, and ending on November 17, 2023, for the period beginning on November 18, 2023, and ending on January 19, 2024, for the period beginning on January 20, 2024, and ending on March 8, 2024, for the period beginning on March 9, 2024, and ending on September 30, 2024, and for the period beginning on October 1, 2024, and ending on December 31, 2024, allot to each State which has transmitted an application for the fiscal year (or, with respect to the applicable period, for fiscal year 2024 or 2025) under section 705(a) of this title an amount equal to the product of-

(A) the amount appropriated pursuant to subsection (f)(1) for the fiscal year or period, minus the amount reserved under subsection (f)(2) for the fiscal year or period; and

(B) the proportion that the number of low-income children in the State bears to the total of such numbers of children for all the States.

(2) Other allotments

(A) Other entities

For the purpose described in subsection (b), the Secretary shall, for each of fiscal years 2018 through 2023 and with respect to fiscal year 2024 or 2025, for the applicable period described in paragraph (1), for any State which has not transmitted an application for the fiscal year under section 705(a) of this title, allot to one or more entities in the State the amount that would have been allotted to the State under paragraph (1) if the State had submitted such an application.

(B) Process

The Secretary shall select the recipients of allotments under subparagraph (A) by means of a competitive grant process under which-

(i) not later than 30 days after the deadline for the State involved to submit an application for the fiscal year (or, with respect to fiscal year 2024 or 2025, for the applicable period described in paragraph (1)) under section 705(a) of this title, the Secretary publishes a notice soliciting grant applications; and

(ii) not later than 120 days after such deadline, all such applications must be submitted.

(b) Purpose

(1) In general

Except for research under paragraph (5) and information collection and reporting under paragraph (6), the purpose of an allotment under subsection (a) to a State (or to another entity in the State pursuant to subsection (a)(2)) is to enable the State or other entity to implement education exclusively on sexual risk avoidance (meaning voluntarily refraining from sexual activity).

(2) Required components

Education on sexual risk avoidance pursuant to an allotment under this section shall-

(A) ensure that the unambiguous and primary emphasis and context for each topic described in paragraph (3) is a message to youth that normalizes the optimal health behavior of avoiding nonmarital sexual activity;

(B) be medically accurate and complete;

(C) be age-appropriate;

(D) be based on adolescent learning and developmental theories for the age group receiving the education; and

(E) be culturally appropriate, recognizing the experiences of youth from diverse communities, backgrounds, and experiences.

(3) Topics

Education on sexual risk avoidance pursuant to an allotment under this section shall address each of the following topics:

(A) The holistic individual and societal benefits associated with personal responsibility, self-regulation, goal setting, healthy decisionmaking, and a focus on the future.

(B) The advantage of refraining from nonmarital sexual activity in order to improve the future prospects and physical and emotional health of youth.

(C) The increased likelihood of avoiding poverty when youth attain self-sufficiency and emotional maturity before engaging in sexual activity.

(D) The foundational components of healthy relationships and their impact on the formation of healthy marriages and safe and stable families.

(E) How other youth risk behaviors, such as drug and alcohol usage, increase the risk for teen sex.

(F) How to resist and avoid, and receive help regarding, sexual coercion and dating violence, recognizing that even with consent teen sex remains a youth risk behavior.

(4) Contraception

Education on sexual risk avoidance pursuant to an allotment under this section shall ensure that-

(A) any information provided on contraception is medically accurate and complete and ensures that students understand that contraception offers physical risk reduction, but not risk elimination; and

(B) the education does not include demonstrations, simulations, or distribution of contraceptive devices.

(5) Research

(A) In general

A State or other entity receiving an allotment pursuant to subsection (a) may use up to 20 percent of such allotment to build the evidence base for sexual risk avoidance education by conducting or supporting research.

(B) Requirements

Any research conducted or supported pursuant to subparagraph (A) shall be-

(i) rigorous;

(ii) evidence-based; and

(iii) designed and conducted by independent researchers who have experience in conducting and publishing research in peer-reviewed outlets.

(6) Information collection and reporting

A State or other entity receiving an allotment pursuant to subsection (a) shall, as specified by the Secretary-

(A) collect information on the programs and activities funded through the allotment; and

(B) submit reports to the Secretary on the data from such programs and activities.

(c) National evaluation

(1) In general

The Secretary shall-

(A) in consultation with appropriate State and local agencies, conduct one or more rigorous evaluations of the education funded through this section and associated data; and

(B) submit a report to the Congress on the results of such evaluations, together with a summary of the information collected pursuant to subsection (b)(6).

(2) Consultation

In conducting the evaluations required by paragraph (1), including the establishment of rigorous evaluation methodologies, the Secretary shall consult with relevant stakeholders and evaluation experts.

(d) Applicability of certain provisions

(1) Sections 703, 707, and 708 of this title apply to allotments under subsection (a) to the same extent and in the same manner as such sections apply to allotments under section 702(c) of this title, except that section 703(a) of this title shall be applied by substituting "the total of the sums" for "four-sevenths of the total of the sums".

(2) Sections 705 and 706 of this title apply to allotments under subsection (a) to the extent determined by the Secretary to be appropriate.

(e) Definitions

In this section:

(1) The term "age-appropriate" means suitable (in terms of topics, messages, and teaching methods) to the developmental and social maturity of the particular age or age group of children or adolescents, based on developing cognitive, emotional, and behavioral capacity typical for the age or age group.

(2) The term "medically accurate and complete" means verified or supported by the weight of research conducted in compliance with accepted scientific methods and-

(A) published in peer-reviewed journals, where applicable; or

(B) comprising information that leading professional organizations and agencies with relevant expertise in the field recognize as accurate, objective, and complete.

(3) The term "rigorous", with respect to research or evaluation, means using-

(A) established scientific methods for measuring the impact of an intervention or program model in changing behavior (specifically sexual activity or other sexual risk behaviors), or reducing pregnancy, among youth; or

(B) other evidence-based methodologies established by the Secretary for purposes of this section.

(4) The term "youth" refers to one or more individuals who have attained age 10 but not age 20.

(f) Funding

(1) In general

To carry out this section, there is appropriated, out of any money in the Treasury not otherwise appropriated, $75,000,000 for each of fiscal years 2018 through 2023, for the period beginning on October 1, 2023, and ending on November 17, 2023, an amount equal to the pro rata portion of the amount appropriated for the corresponding period for fiscal year 2023, for the period beginning on November 18, 2023, and ending on January 19, 2024, an amount equal to the pro rata portion of the amount appropriated for the corresponding period for fiscal year 2023, for the period beginning on January 20, 2024, and ending on March 8, 2024, an amount equal to the pro rata portion of the amount appropriated for the corresponding period for fiscal year 2023, for the period beginning on March 9, 2024, and ending on September 30, 2024, an amount equal to the pro rata portion of the amount appropriated for the corresponding period for fiscal year 2023, and for the period beginning on October 1, 2024, and ending on December 31, 2024, an amount equal to the pro rata portion of the amount appropriated for the corresponding period for fiscal year 2024.

(2) Reservation

The Secretary shall reserve, for each of fiscal years 2018 through 2023, and for the applicable period described in paragraph (1), not more than 20 percent of the amount appropriated pursuant to paragraph (1) for administering the program under this section, including the conducting of national evaluations and the provision of technical assistance to the recipients of allotments.

42 U.S.C. § 710

Aug. 14, 1935, ch. 531, title V, §510, as added Pub. L. 104-193, title IX, §912, Aug. 22, 1996, 110 Stat. 2353; amended Pub. L. 108-40, §6, June 30, 2003, 117 Stat. 837; Pub. L. 111-148, title II, §29542954,, 124 Stat. 352; Pub. L. 113-93, title II, §205, Apr. 1, 2014, 128 Stat. 1046; Pub. L. 114-10, title II, §214(a), Apr. 16, 2015, 129 Stat. 152; Pub. L. 115-123, div. E, title V, §50502(a), Feb. 9, 2018, 132 Stat. 224; Pub. L. 115-141, div. S, title VII, §701, Mar. 23, 2018, 132 Stat. 1138; Pub. L. 116-59, div. B, title II, §12011201,, 133 Stat. 1103; Pub. L. 116-69, div. B, title II, §12011201,, 133 Stat. 1137; Pub. L. 116-94, div. N, title I, §303, Dec. 20, 2019, 133 Stat. 3112; Pub. L. 116-136, div. A, title III, §38213821,, 134 Stat. 432; Pub. L. 116-159, div. C, title I, §21042104,, 134 Stat. 729; Pub. L. 116-215, div. B, title II, §1203(a), Dec. 11, 2020, 134 Stat. 1045; Pub. L. 116-260 div. CC, title III, §303, Dec. 27, 2020, 134 Stat. 2993; Pub. L. 118-15, div. B, title III, §23522352,, 137 Stat. 96; Pub. L. 118-22, div. B, title II, §402, Nov. 17, 2023, 137 Stat. 121; Pub. L. 118-35, div. B, title I, §142, Jan. 19, 2024, 138 Stat. 6; Pub. L. 118-42, div. G, title I, §403, Mar. 9, 2024, 138 Stat. 418.

EDITORIAL NOTES

PRIOR PROVISIONSA prior section 710, act Aug. 14, 1935, ch. 531, title V, §510, as added Jan. 2, 1968, Pub. L. 90-248, title III, §301, 81 Stat. 927; amended July 10, 1972, Pub. L. 92-345, §2(f), 86 Stat. 457; July 1, 1973, Pub. L. 93-53, §4(a)(8), 87 Stat. 136, provided for special project grants for dental health of children, prior to the general revision of this subchapter by Pub. L. 97-35, title XXI, §2192(a), Aug. 13, 1981, 95 Stat. 818. For effective date, savings, and transitional provisions, see section 2194 of Pub. L. 97-35 set out as a note under section 701 of this title.

AMENDMENTS2024-Subsec. (a)(1). Pub. L. 118-42, §403(1)(A), in introductory provisions, struck out "and" after "January 19, 2024," and inserted "for the period beginning on March 9, 2024, and ending on September 30, 2024, and for the period beginning on October 1, 2024, and ending on December 31, 2024," after "March 8, 2024," and "or 2025" after "for fiscal year 2024". Pub. L. 118-35, §142(1), in introductory provisions, struck out "and" after "November 17, 2023," and inserted "and for the period beginning on January 20, 2024, and ending on March 8, 2024," after "January 19, 2024,".Subsec. (a)(2). Pub. L. 118-42, §403(1)(B), inserted "or 2025" after "with respect to fiscal year 2024" in subpars. (A) and (B)(i).Subsec. (f)(1). Pub. L. 118-42, §403(2), struck out "and" before "for the period beginning on January 20, 2024," and substituted ", for the period beginning on March 9, 2024, and ending on September 30, 2024, an amount equal to the pro rata portion of the amount appropriated for the corresponding period for fiscal year 2023, and for the period beginning on October 1, 2024, and ending on December 31, 2024, an amount equal to the pro rata portion of the amount appropriated for the corresponding period for fiscal year 2024." for period at end. Pub. L. 118-35, §142(2), struck out "and" before "for the period beginning on November 18, 2023," and substituted ", and for the period beginning on January 20, 2024, and ending on March 8, 2024, an amount equal to the pro rata portion of the amount appropriated for the corresponding period for fiscal year 2023." for period at end. 2023-Subsec. (a)(1). Pub. L. 118-22, §402(1)(A), in introductory provisions, substituted ", for the period beginning on October 1, 2023, and ending on November 17, 2023, and for the period beginning on November 18, 2023, and ending on January 19, 2024" for "and for the period beginning on October 1, 2023, and ending on November 17, 2023" and "with respect to the applicable period" for "with respect to such period". Pub. L. 118-15, §2352(1)(A)(i), in introductory provisions, inserted "and for the period beginning on October 1, 2023, and ending on November 17, 2023" after "2023" and "(or, with respect to such period, for fiscal year 2024)" after "for the fiscal year". Subsec. (a)(1)(A). Pub. L. 118-15, §2352(1)(A)(ii), inserted "or period" after "fiscal year" in two places.Subsec. (a)(2)(A). Pub. L. 118-22, §402(1)(B), substituted "for the applicable period" for "for the period". Pub. L. 118-15, §2352(1)(B)(i), inserted "and with respect to fiscal year 2024, for the period described in paragraph (1)" after "2023".Subsec. (a)(2)(B)(i). Pub. L. 118-22, §402(1)(C), substituted "for the applicable period" for "for the period". Pub. L. 118-15, §2352(1)(B)(ii), inserted "(or, with respect to fiscal year 2024, for the period described in paragraph (1))" after "for the fiscal year".Subsec. (f)(1). Pub. L. 118-22, §402(2)(A), substituted "for the period beginning on October 1, 2023, and ending on November 17, 2023, an amount equal to the pro rata portion of the amount appropriated for the corresponding period for fiscal year 2023, and for the period beginning on November 18, 2023, and ending on January 19, 2024, an amount equal to the pro rata portion of the amount appropriated for the corresponding period for fiscal year 2023" for "and for the period beginning on October 1, 2023, and ending on November 17, 2023, an amount equal to the pro rata portion of the amount appropriated for the corresponding period for fiscal year 2023". Pub. L. 118-15, §2352(2)(A), inserted ", and for the period beginning on October 1, 2023, and ending on November 17, 2023, an amount equal to the pro rata portion of the amount appropriated for the corresponding period for fiscal year 2023" before period at end. Subsec. (f)(2). Pub. L. 118-22, §402(2)(B), substituted "for the applicable period" for "for the period". Pub. L. 118-15, §2352(2)(B), inserted "and for the period described in paragraph (1)," after "2023,".2020- Pub. L. 116-215 substituted "December 18, 2020" for "December 11, 2020" wherever appearing. Pub. L. 116-159, §2104(1), substituted "December 11, 2020" for "November 30, 2020" wherever appearing.Subsec. (a)(1). Pub. L. 116-260, §303(1)(A)(i), in introductory provisions, substituted "2023" for "2020 and for the period beginning October 1, 2020, and ending December 18, 2020" and struck out "(or, with respect to such period, for fiscal year 2021)" before "under section 705(a) of this title". Pub. L. 116-136, §3821(1)(A), in introductory provisions, substituted "through 2020 and for the period beginning October 1, 2020, and ending November 30, 2020" for "and 2019 and for the period beginning October 1, 2019, and ending May 22, 2020" and "fiscal year 2021" for "fiscal year 2020".Subsec. (a)(1)(A). Pub. L. 116-260, §303(1)(A)(ii), struck out "or period" after "for the fiscal year" in two places.Subsec. (a)(2)(A). Pub. L. 116-260, §303(1)(B)(i), substituted "2023" for "2020 and for the period beginning October 1, 2020, and ending December 18, 2020" and struck out "(or, with respect to such period, for fiscal year 2021)" before "under section 705(a) of this title". Pub. L. 116-136, §3821(1)(B), substituted "through 2020 and for the period beginning October 1, 2020, and ending November 30, 2020" for "and 2019 and for the period beginning October 1, 2019, and ending May 22, 2020" and "fiscal year 2021" for "fiscal year 2020". Subsec. (a)(2)(B)(i). Pub. L. 116-260, §303(1)(B)(ii), struck out "(or, with respect to the period described in subparagraph (A), for fiscal year 2021)" before "under section 705(a) of this title". Pub. L. 116-159, §2104(2), substituted "the period described in subparagraph (A), for fiscal year 2021" for "such period, for fiscal year 2020". Subsec. (f)(1). Pub. L. 116-260, §303(2)(A), substituted "2023" for "2020, and for the period beginning on October 1, 2020, and ending on December 18, 2020, the amount equal to the pro rata portion of the amount appropriated for such period for fiscal year 2020". Pub. L. 116-136, §3821(2), substituted "through 2020, and for the period beginning on October 1, 2020, and ending on November 30, 2020, the amount equal to the pro rata portion of the amount appropriated for such period for fiscal year 2020" for "and 2019 and $48,287,671 for the period beginning October 1, 2019, and ending May 22, 2020". Subsec. (f)(2). Pub. L. 116-260, §303(2)(B), substituted "2023," for "2020, and for the period described in paragraph (1),". Pub. L. 116-159, §2104(3), substituted "through 2020," for "and 2019".2019-Subsec. (a)(1). Pub. L. 116-94, §303(1)(A), substituted "May 22, 2020" for "December 20, 2019" in introductory provisions. Pub. L. 116-69, §1201(1)(A), substituted "December 20, 2019" for "November 21, 2019" in introductory provisions. Pub. L. 116-59, §1201(1)(A)(i), in introductory provisions, inserted "and for the period beginning October 1, 2019, and ending November 21, 2019" after "for each of fiscal years 2018 and 2019" and "(or, with respect to such period, for fiscal year 2020)" after "for the fiscal year".Subsec. (a)(1)(A). Pub. L. 116-59, §1201(1)(A)(ii), substituted "for the fiscal year or period" for "for the fiscal year" in two places.Subsec. (a)(2)(A). Pub. L. 116-94, §303(1)(B), substituted "May 22, 2020" for "December 20, 2019". Pub. L. 116-69, §1201(1)(B), substituted "December 20, 2019" for "November 21, 2019". Pub. L. 116-59, §1201(1)(B)(i), inserted "and for the period beginning October 1, 2019, and ending November 21, 2019" after "for each of fiscal years 2018 and 2019" and "(or, with respect to such period, for fiscal year 2020)" after "for the fiscal year".Subsec. (a)(2)(B)(i). Pub. L. 116-59, §1201(1)(B)(ii), inserted "(or, with respect to such period, for fiscal year 2020)" after "for the fiscal year". Subsec. (f)(1). Pub. L. 116-94, §303(2), substituted "$48,287,671 for the period beginning October 1, 2019, and ending May 22, 2020" for "$16,643,836 for the period beginning October 1, 2019, and ending December 20, 2019". Pub. L. 116-69, §1201(2), substituted "$16,643,836 for the period beginning October 1, 2019, and ending December 20, 2019" for "$10,684,931 for the period beginning October 1, 2019, and ending November 21, 2019". Pub. L. 116-59, §1201(2)(A), inserted "and $10,684,931 for the period beginning October 1, 2019, and ending November 21, 2019" after "for each of fiscal years 2018 and 2019".Subsec. (f)(2). Pub. L. 116-59, §1201(2)(B), inserted "and for the period described in paragraph (1)" after "for each of fiscal years 2018 and 2019". 2018- Pub. L. 115-123 amended section generally. Prior to amendment, section related to abstinence education.Subsec. (a)(1)(A). Pub. L. 115-141, §701(b), substituted "subsection (f)(1)" for "subsection (e)(1)" and "subsection (f)(2)" for "subsection (e)(2)". Subsec. (d)(1). Pub. L. 115-141, §701(a), inserted before period at end ", except that section 703(a) of this title shall be applied by substituting 'the total of the sums' for 'four-sevenths of the total of the sums' ".2015-Subsec. (a). Pub. L. 114-10, §214(a)(1), substituted "2017" for "2015" in introductory provisions. Subsec. (d). Pub. L. 114-10, §214(a)(2), inserted "and an additional $75,000,000 for each of fiscal years 2016 and 2017" after "2015". 2014-Subsecs. (a), (d). Pub. L. 113-93 substituted "2015" for "2014". 2010-Subsec. (a). Pub. L. 111-148, §2954(1), substituted "each of fiscal years 2010 through 2014" for "fiscal year 1998 and each subsequent fiscal year".Subsec. (d). Pub. L. 111-148, §2954(2), substituted "2010 through 2014" for "1998 through 2003" in first sentence and inserted "(except that such appropriation shall be made on March 23, 2010, in the case of fiscal year 2010)" before period at end of second sentence.2003-Subsec. (d). Pub. L. 108-40 substituted "2003" for "2002".

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2018 AMENDMENT Pub. L. 115-123, div. E, title V, §50502(b), Feb. 9, 2018, 132 Stat. 227, provided that: "The amendment made by this section [amending this section] shall take effect as if enacted on October 1, 2017."

EFFECTIVE DATE OF 2003 AMENDMENT Amendment by Pub. L. 108-40 effective July 1, 2003, see section 8 of Pub. L. 108-40 set out as a note under section 603 of this title.

ESTABLISHING NATIONAL GOALS TO PREVENT TEENAGE PREGNANCIES Pub. L. 104-193, title IX, §905, Aug. 22, 1996, 110 Stat. 2349, provided that:"(a) IN GENERAL.-Not later than January 1, 1997, the Secretary of Health and Human Services shall establish and implement a strategy for-"(1) preventing out-of-wedlock teenage pregnancies, and"(2) assuring that at least 25 percent of the communities in the United States have teenage pregnancy prevention programs in place."(b) REPORT.-Not later than June 30, 1998, and annually thereafter, the Secretary shall report to the Congress with respect to the progress that has been made in meeting the goals described in paragraphs (1) and (2) of subsection (a)."

United States

The term "United States" means (but only for purposes of subparagraphs (A) and (B) of this paragraph) the fifty States and the District of Columbia.

project

The terms "federally assisted housing" and "project" mean-(A) a public housing project (as such term is defined in section 3(b) of the United States Housing Act of 1937 [42 U.S.C. 1437a(b)] );(B) housing for which project-based assistance is provided under section 8 of the United States Housing Act of 1937 [42 U.S.C. 1437f] ;(C) housing that is assisted under section 1701q of title 12;(D) housing that is assisted under section 1701q of title 12, as such section existed before November 28, 1990;(E) housing financed by a loan or mortgage insured under section 1715l(d)(3) of title 12 that bears interest at a rate determined under the proviso of section 1715l(d)(5) of title 12;(F) housing insured, assisted, or held by the Secretary or a State or State agency under section 1715z-1 of title 12;(G) housing constructed or substantially rehabilitated pursuant to assistance provided under section 8(b)(2) of the United States Housing Act of 1937 [42 U.S.C. 1437f(b)(2)], as in effect before October 1, 1983, that is assisted under a contract for assistance under such section; and(H) housing that is assisted under section 8013 1 of this title.

Secretary

the term "Secretary" means- (A) the Secretary of Education for purposes of subtitle A (other than section 3201),(B) the Secretary of Agriculture for purposes of the amendments made by section 3201, and(C) the Secretary of Health and Human Services for purposes of subtitle B,

drug

the term "drug" means- (A) a beverage containing alcohol,(B) a controlled substance, or(C) a controlled substance analogue,