42 U.S.C. § 710 (THE PUBLIC HEALTH AND WELFARE)
§ 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 2020 and for the period beginning October 1, 2020, and ending December 11, 2020, allot to each State which has transmitted an application for the fiscal year (or, with respect to such period, for fiscal year 2021) 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 2020 and for the period beginning October 1, 2020, and ending December 11, 2020, for any State which has not transmitted an application for the fiscal year (or, with respect to such period, for fiscal year 2021) 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 the period described in subparagraph (A), for fiscal year 2021) 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 2020, and for the period beginning on October 1, 2020, and ending on December 11, 2020, the amount equal to the pro rata portion of the amount appropriated for such period for fiscal year 2020.
(2) Reservation
The Secretary shall reserve, for each of fiscal years 2018 through 2020, and for the 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.
(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, § 2954, Mar. 23, 2010, 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, § 1201, Sept. 27, 2019, 133 Stat. 1103; Pub. L. 116–69, div. B, title II, § 1201, Nov. 21, 2019, 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, § 3821, Mar. 27, 2020, 134 Stat. 432; Pub. L. 116–159, div. C, title I, § 2104, Oct. 1, 2020, 134 Stat. 729.)
heading: Prior Provisions
text: A 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.
heading: Amendments
text: 2020—Pub. L. 116–159, § 2104(1), substituted “December 11, 2020” for “November 30, 2020” wherever appearing.
Subsec. (a)(1). 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)(2)(A). 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. 116–159, § 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. 116–136, § 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. 116–159, § 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”.
heading: Effective Date of 2018 Amendment
text: 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.”
heading: Effective Date of 2003 Amendment
text: 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.
heading: Establishing National Goals To Prevent Teenage Pregnancies
text: 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).”