42 U.S.C. § 713 (THE PUBLIC HEALTH AND WELFARE)
§ 713. Personal responsibility education
(a) Allotments to States
(1) Amount
(A) In general
For the purpose described in subsection (b), subject to the succeeding provisions of this section, for each of fiscal years 2010 through 2014, the Secretary shall allot to each State an amount equal to the product of—
(i) the amount appropriated under subsection (f) for the fiscal year and available for allotments to States after the application of subsection (c); and
(ii) the State youth population percentage determined under paragraph (2).
(B) Minimum allotment
(i) In general
Each State allotment under this paragraph for a fiscal year shall be at least $250,000.
(ii) Pro rata adjustments
The Secretary shall adjust on a pro rata basis the amount of the State allotments determined under this paragraph for a fiscal year to the extent necessary to comply with clause (i).
(C) Application required to access allotments
(i) In general
A State shall not be paid from its allotment for a fiscal year unless the State submits an application to the Secretary for the fiscal year and the Secretary approves the application (or requires changes to the application that the State satisfies) and meets such additional requirements as the Secretary may specify.
(ii) Requirements
The State application shall contain an assurance that the State has complied with the requirements of this section in preparing and submitting the application and shall include the following as well as such additional information as the Secretary may require:
(I) Based on data from the Centers for Disease Control and Prevention National Center for Health Statistics, the most recent pregnancy rates for the State for youth ages 10 to 14 and youth ages 15 to 19 for which data are available, the most recent birth rates for such youth populations in the State for which data are available, and trends in those rates for the most recently preceding 5-year period for which such data are available.
(II) State-established goals for reducing the pregnancy rates and birth rates for such youth populations.
(III) A description of the State’s plan for using the State allotments provided under this section to achieve such goals, especially among youth populations that are the most high-risk or vulnerable for pregnancies or otherwise have special circumstances, including youth in foster care, homeless youth, youth with HIV/AIDS, pregnant youth who are under 21 years of age, mothers who are under 21 years of age, and youth residing in areas with high birth rates for youth.
(2) State youth population percentage
(A) In general
For purposes of paragraph (1)(A)(ii), the State youth population percentage is, with respect to a State, the proportion (expressed as a percentage) of—
(i) the number of individuals who have attained age 10 but not attained age 20 in the State; to
(ii) the number of such individuals in all States.
(B) Determination of number of youth
The number of individuals described in clauses (i) and (ii) of subparagraph (A) in a State shall be determined on the basis of the most recent Bureau of the Census data.
(3) Availability of State allotments
Subject to paragraph (4)(A), amounts allotted to a State pursuant to this subsection for a fiscal year shall remain available for expenditure by the State through the end of the second succeeding fiscal year.
(4) Authority to award grants from State allotments to local organizations and entities in nonparticipating States
(A) Grants from unexpended allotments
If a State does not submit an application under this section for fiscal year 2010 or 2011, the State shall no longer be eligible to submit an application to receive funds from the amounts allotted for the State for each of fiscal years 2010 through 2014 and such amounts shall be used by the Secretary to award grants under this paragraph for each of fiscal years 2012 through 2014. The Secretary also shall use any amounts from the allotments of States that submit applications under this section for a fiscal year that remain unexpended as of the end of the period in which the allotments are available for expenditure under paragraph (3) for awarding grants under this paragraph.
(B) 3-year grants
(i) In general
The Secretary shall solicit applications to award 3-year grants in each of fiscal years 2012, 2013, and 2014 to local organizations and entities to conduct, consistent with subsection (b), programs and activities in States that do not submit an application for an allotment under this section for fiscal year 2010 or 2011.
(ii) Faith-based organizations or consortia
The Secretary may solicit and award grants under this paragraph to faith-based organizations or consortia.
(C) Evaluation
An organization or entity awarded a grant under this paragraph shall agree to participate in a rigorous Federal evaluation.
(5) Maintenance of effort
No payment shall be made to a State from the allotment determined for the State under this subsection or to a local organization or entity awarded a grant under paragraph (4), if the expenditure of non-federal funds by the State, organization, or entity for activities, programs, or initiatives for which amounts from allotments and grants under this subsection may be expended is less than the amount expended by the State, organization, or entity for such programs or initiatives for fiscal year 2009.
(6) Data collection and reporting
A State or local organization or entity receiving funds under this section shall cooperate with such requirements relating to the collection of data and information and reporting on outcomes regarding the programs and activities carried out with such funds, as the Secretary shall specify.
(b) Purpose
(1) In general
The purpose of an allotment under subsection (a)(1) to a State is to enable the State (or, in the case of grants made under subsection (a)(4)(B), to enable a local organization or entity) to carry out personal responsibility education programs consistent with this subsection.
(2) Personal responsibility education programs
(A) In general
In this section, the term “personal responsibility education program” means a program that is designed to educate adolescents on—
(i) both abstinence and contraception for the prevention of pregnancy and sexually transmitted infections, including HIV/AIDS, consistent with the requirements of subparagraph (B); and
(ii) at least 3 of the adulthood preparation subjects described in subparagraph (C).
(B) Requirements
The requirements of this subparagraph are the following:
(i) The program replicates evidence-based effective programs or substantially incorporates elements of effective programs that have been proven on the basis of rigorous scientific research to change behavior, which means delaying sexual activity, increasing condom or contraceptive use for sexually active youth, or reducing pregnancy among youth.
(ii) The program is medically-accurate and complete.
(iii) The program includes activities to educate youth who are sexually active regarding responsible sexual behavior with respect to both abstinence and the use of contraception.
(iv) The program places substantial emphasis on both abstinence and contraception for the prevention of pregnancy among youth and sexually transmitted infections.
(v) The program provides age-appropriate information and activities.
(vi) The information and activities carried out under the program are provided in the cultural context that is most appropriate for individuals in the particular population group to which they are directed.
(C) Adulthood preparation subjects
The adulthood preparation subjects described in this subparagraph are the following:
(i) Healthy relationships, including marriage and family interactions.
(ii) Adolescent development, such as the development of healthy attitudes and values about adolescent growth and development, body image, racial and ethnic diversity, and other related subjects.
(iii) Financial literacy.
(iv) Parent-child communication.
(v) Educational and career success, such as developing skills for employment preparation, job seeking, independent living, financial self-sufficiency, and workplace productivity.
(vi) Healthy life skills, such as goal-setting, decision making, negotiation, communication and interpersonal skills, and stress management.
(c) Reservations of funds
(1) Grants to implement innovative strategies
From the amount appropriated under subsection (f) for the fiscal year, the Secretary shall reserve $10,000,000 of such amount for purposes of awarding grants to entities to implement innovative youth pregnancy prevention strategies and target services to high-risk, vulnerable, and culturally under-represented youth populations, including youth in foster care, homeless youth, youth with HIV/AIDS, pregnant women who are under 21 years of age and their partners, mothers who are under 21 years of age and their partners, and youth residing in areas with high birth rates for youth. An entity awarded a grant under this paragraph shall agree to participate in a rigorous Federal evaluation of the activities carried out with grant funds.
(2) Other reservations
From the amount appropriated under subsection (f) for the fiscal year that remains after the application of paragraph (1), the Secretary shall reserve the following amounts:
(A) Grants for Indian tribes or tribal organizations
The Secretary shall reserve 5 percent of such remainder for purposes of awarding grants to Indian tribes and tribal organizations in such manner, and subject to such requirements, as the Secretary, in consultation with Indian tribes and tribal organizations, determines appropriate.
(B) Secretarial responsibilities
(i) Reservation of funds
The Secretary shall reserve 10 percent of such remainder for expenditures by the Secretary for the activities described in clauses (ii) and (iii).
(ii) Program support
The Secretary shall provide, directly or through a competitive grant process, research, training and technical assistance, including dissemination of research and information regarding effective and promising practices, providing consultation and resources on a broad array of teen pregnancy prevention strategies, including abstinence and contraception, and developing resources and materials to support the activities of recipients of grants and other State, tribal, and community organizations working to reduce teen pregnancy. In carrying out such functions, the Secretary shall collaborate with a variety of entities that have expertise in the prevention of teen pregnancy, HIV and sexually transmitted infections, healthy relationships, financial literacy, and other topics addressed through the personal responsibility education programs.
(iii) Evaluation
The Secretary shall evaluate the programs and activities carried out with funds made available through allotments or grants under this section.
(d) Administration
(1) In general
The Secretary shall administer this section through the Assistant Secretary for the Administration for Children and Families within the Department of Health and Human Services.
(2) Application of other provisions of subchapter
(A) In general
Except as provided in subparagraph (B), the other provisions of this subchapter shall not apply to allotments or grants made under this section.
(B) Exceptions
The following provisions of this subchapter shall apply to allotments and grants made under this section to the same extent and in the same manner as such provisions apply to allotments made under section 702(c) of this title:
(i) Section 704(b)(6) of this title (relating to prohibition on payments to excluded individuals and entities).
(ii) Section 704(c) of this title (relating to the use of funds for the purchase of technical assistance).
(iii) Section 704(d) of this title (relating to a limitation on administrative expenditures).
(iv) Section 706 of this title (relating to reports and audits), but only to the extent determined by the Secretary to be appropriate for grants made under this section.
(v) Section 707 of this title (relating to penalties for false statements).
(vi) Section 708 of this title (relating to nondiscrimination).
(e) Definitions
In this section:
(1) Age-appropriate
The term “age-appropriate”, with respect to the information in pregnancy prevention, means topics, messages, and teaching methods suitable to particular ages or age groups of children and adolescents, based on developing cognitive, emotional, and behavioral capacity typical for the age or age group.
(2) Medically accurate and complete
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) Indian tribes; Tribal organizations
The terms “Indian tribe” and “Tribal organization” have the meanings given such terms in section 1603 of title 25.
(4) Youth
The term “youth” means an individual who has attained age 10 but has not attained age 20.
(f) Appropriation
For the purpose of carrying out this section, there is appropriated, out of any money in the Treasury not otherwise appropriated, $75,000,000 for each of fiscal years 2010 through 2014. Amounts appropriated under this subsection shall remain available until expended.
(Aug. 14, 1935, ch. 531, title V, § 513, as added and amended Pub. L. 111–148, title II, § 2953, title X, § 10201(h), Mar. 23, 2010, 124 Stat. 347, 922.)
heading: Prior Provisions
text: A prior section 713, act Aug. 14, 1935, ch. 531, title V, § 513, as added Jan. 2, 1968, Pub. L. 90–248, title III, § 301, 81 Stat. 928, which related to administration, was omitted in the general revision of this subchapter by Pub. L. 97–35, title XXI, § 2192(a), Aug. 13, 1981, 95 Stat. 818.
Another prior section 713, acts Aug. 14, 1935, ch. 531, title V, § 513, 49 Stat. 632; Aug. 10, 1939, ch. 666, title V, § 506, 53 Stat. 1381; 1946 Reorg. Plan No. 2, §§ 1, 4, eff. July 16, 1946, 11 F.R. 7873, 60 Stat. 1095; Aug. 28, 1950, ch. 809, title III, pt. 6, § 361(e), 64 Stat. 558; July 30, 1965, Pub. L. 89–97, title II, § 204(b), 79 Stat. 354, related to contents of State plans for services for crippled children and their approval by the Administrator prior to the general amendment of title V of the Social Security Act by Pub. L. 90–248, § 301, and was covered by former section 705 of this title.
Provisions similar to those comprising former section 713 were contained in section 541 of act Aug. 14, 1935, ch. 531, title V, 49 Stat. 634 (formerly classified to section 731 of this title), prior to the general amendment and renumbering of title V of act Aug. 14, 1935, by Pub. L. 90–248, § 301.
heading: Amendments
text: 2010—Subsec. (b)(2)(C)(i). Pub. L. 111–148, § 10201(h), amended cl. (i) generally. Prior to amendment, cl. (i) read as follows: “Healthy relationships, such as positive self-esteem and relationship dynamics, friendships, dating, romantic involvement, marriage, and family interactions.”