42 U.S.C. § 710 | Sexual risk avoidance education

(a)

In general

(1)

Allotments to States

October 1, 2025January 30, 2026section 705(a) of this titleFor the purpose described in subsection (b), the Secretary shall, for each of fiscal years 2018 through 2025, and for the period beginning on , and ending on , allot to each State which has transmitted an application for the fiscal year (or, with respect to the applicable period, for fiscal year 2026) under 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

section 705(a) of this titleFor the purpose described in subsection (b), the Secretary shall, for each of fiscal years 2018 through 2025 and with respect to fiscal year 2026, for the applicable period described in paragraph (1), for any State which has not transmitted an application for the fiscal year (or, with respect to the applicable period, for fiscal year 2026) under , 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)

section 705(a) of this title 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 2026, for the applicable period described in paragraph (1)) under , 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)

section 702(c) of this title section 703(a) of this title 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 , except that 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

October 1, 2025January 30, 2026To 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 2025, and for the period beginning on , and ending on , an amount equal to the pro rata portion of the amount appropriated for the corresponding period for fiscal year 2025.

(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.

Aug. 14, 1935, ch. 531 Pub. L. 104–193, title IX, § 912Aug. 22, 1996110 Stat. 2353 Pub. L. 108–40, § 6June 30, 2003117 Stat. 837 Pub. L. 111–148, title II, § 2954Mar. 23, 2010124 Stat. 352 Pub. L. 113–93, title II, § 205Apr. 1, 2014128 Stat. 1046 Pub. L. 114–10, title II, § 214(a)Apr. 16, 2015129 Stat. 152 Pub. L. 115–123, div. E, title V, § 50502(a)Feb. 9, 2018132 Stat. 224 Pub. L. 115–141, div. S, title VII, § 701Mar. 23, 2018132 Stat. 1138 Pub. L. 116–59, div. B, title II, § 1201Sept. 27, 2019133 Stat. 1103 Pub. L. 116–69, div. B, title II, § 1201Nov. 21, 2019133 Stat. 1137 Pub. L. 116–94, div. N, title I, § 303Dec. 20, 2019133 Stat. 3112 Pub. L. 116–136, div. A, title III, § 3821Mar. 27, 2020134 Stat. 432 Pub. L. 116–159, div. C, title I, § 2104Oct. 1, 2020134 Stat. 729 Pub. L. 116–215, div. B, title II, § 1203(a)Dec. 11, 2020134 Stat. 1045 Pub. L. 116–260, div. CC, title III, § 303Dec. 27, 2020134 Stat. 2993 Pub. L. 118–15, div. B, title III, § 2352Sept. 30, 2023137 Stat. 96 Pub. L. 118–22, div. B, title II, § 402Nov. 17, 2023137 Stat. 121 Pub. L. 118–35, div. B, title I, § 142Jan. 19, 2024138 Stat. 6 Pub. L. 118–42, div. G, title I, § 403Mar. 9, 2024138 Stat. 418 Pub. L. 118–158, div. C, title III, § 3301Dec. 21, 2024138 Stat. 1767 Pub. L. 119–4, div. B, title III, § 2301Mar. 15, 2025139 Stat. 45 Pub. L. 119–37, div. F, title III, § 6301Nov. 12, 2025139 Stat. 634(, title V, § 510, as added , , ; amended , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , .)

Editorial Notes

Prior Provisions

act Aug. 14, 1935, ch. 531, title V, § 510Jan. 2, 1968Pub. L. 90–248, title III, § 301 81 Stat. 927July 10, 1972Pub. L. 92–345, § 2(f)86 Stat. 457July 1, 1973Pub. L. 93–53, § 4(a)(8)87 Stat. 136 Pub. L. 97–35, title XXI, § 2192(a)Aug. 13, 198195 Stat. 818 section 2194 of Pub. L. 97–35 section 701 of this titleA prior section 710, , as added , , ; amended , , ; , , , provided for special project grants for dental health of children, prior to the general revision of this subchapter by , , . For effective date, savings, and transitional provisions, see , set out as a note under .

Amendments

Pub. L. 119–37, § 6301(1)(A)October 1, 2025January 30, 2026October 1, 2023November 17, 2023November 18, 2023January 19, 2024January 20, 2024March 8, 2024March 9, 2024September 30, 20242025—Subsec. (a)(1). , in introductory provisions, substituted “2025, and for the period beginning on , and ending on ” for “2023, for the period beginning on , and ending on , for the period beginning on , and ending on , for the period beginning on , and ending on , for the period beginning on , and ending on , and for fiscal year 2025” and “fiscal year 2026” for “fiscal year 2024”.

Pub. L. 119–4, § 2301(1)October 1, 2024March 31, 2025, in introductory provisions, substituted “fiscal year 2025” for “the period beginning on , and ending on ” and struck out “or 2025” after “fiscal year 2024”.

Pub. L. 119–37, § 6301(1)(B)(i)Subsec. (a)(2)(A). , substituted “through 2025” for “through 2023” and “fiscal year 2026” for “fiscal year 2024 or 2025” and inserted “(or, with respect to the applicable period, for fiscal year 2026)” after “an application for the fiscal year”.

Pub. L. 119–37, § 6301(1)(B)(ii)Subsec. (a)(2)(B)(i). , substituted “2026” for “2024 or 2025”.

Pub. L. 119–37, § 6301(2)October 1, 2025January 30, 2026October 1, 2023November 17, 2023November 18, 2023January 19, 2024January 20, 2024March 8, 2024March 9, 2024September 30, 2024October 1, 2023November 17, 2023November 18, 2023January 19, 2024January 20, 2024March 8, 2024March 9, 2024September 30, 2024Subsec. (f)(1). , which directed substitution of “2025, and for the period beginning on , and ending on , an amount equal to the pro rata portion of the amount appropriated for the corresponding period for fiscal year 2025” for “2023, for the period beginning on , and ending on , 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 , and ending on , 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 , and ending on , an amount equal to the pro rata portion of the amount appropriated for the period at the end of the corresponding sentence for fiscal year 2023, for the period beginning on , and ending on , an amount equal to the pro rata portion of the amount appropriated for the corresponding period for fiscal year 2023, and for for fiscal year 2025, an amount equal to the amount appropriated for fiscal year 2024”, was executed by making the substitution for “2023, for the period beginning on , and ending on , 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 , and ending on , 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 , and ending on , 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 , and ending on , an amount equal to the pro rata portion of the amount appropriated for the corresponding period for fiscal year 2023, and for for fiscal year 2025, an amount equal to the amount appropriated for fiscal year 2024”.

Pub. L. 119–4, § 2301(2)October 1, 2024March 31, 2025, substituted “for fiscal year 2025, an amount equal to the amount appropriated for” for “the period beginning on , and ending on , an amount equal to the pro rata portion of the amount appropriated for the corresponding period for”.

Pub. L. 118–158, § 3301(1)March 31, 2025December 31, 20242024—Subsec. (a)(1). , substituted “” for “” in introductory provisions.

Pub. L. 118–42, § 403(1)(A)January 19, 2024March 9, 2024September 30, 2024October 1, 2024December 31, 2024March 8, 2024, in introductory provisions, struck out “and” after “,” and inserted “for the period beginning on , and ending on , and for the period beginning on , and ending on ,” after “,” and “or 2025” after “for fiscal year 2024”.

Pub. L. 118–35, § 142(1)November 17, 2023January 20, 2024March 8, 2024January 19, 2024, in introductory provisions, struck out “and” after “,” and inserted “and for the period beginning on , and ending on ,” after “,”.

Pub. L. 118–42, § 403(1)(B)Subsec. (a)(2). , inserted “or 2025” after “with respect to fiscal year 2024” in subpars. (A) and (B)(i).

Pub. L. 118–158, § 3301(2)March 31, 2025December 31, 2024Subsec. (f)(1). , substituted “” for “”.

Pub. L. 118–42, § 403(2)January 20, 2024March 9, 2024September 30, 2024October 1, 2024December 31, 2024, struck out “and” before “for the period beginning on ,” and substituted “, for the period beginning on , and ending on , 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 , and ending on , 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)November 18, 2023January 20, 2024March 8, 2024, struck out “and” before “for the period beginning on ,” and substituted “, and for the period beginning on , and ending on , an amount equal to the pro rata portion of the amount appropriated for the corresponding period for fiscal year 2023.” for period at end.

Pub. L. 118–22, § 402(1)(A)October 1, 2023November 17, 2023November 18, 2023January 19, 2024October 1, 2023November 17, 20232023—Subsec. (a)(1). , in introductory provisions, substituted “, for the period beginning on , and ending on , and for the period beginning on , and ending on ” for “and for the period beginning on , and ending on ” and “with respect to the applicable period” for “with respect to such period”.

Pub. L. 118–15, § 2352(1)(A)(i)October 1, 2023November 17, 2023, in introductory provisions, inserted “and for the period beginning on , and ending on ” after “2023” and “(or, with respect to such period, for fiscal year 2024)” after “for the fiscal year”.

Pub. L. 118–15, § 2352(1)(A)(ii)Subsec. (a)(1)(A). , inserted “or period” after “fiscal year” in two places.

Pub. L. 118–22, § 402(1)(B)Subsec. (a)(2)(A). , 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”.

Pub. L. 118–22, § 402(1)(C)Subsec. (a)(2)(B)(i). , 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”.

Pub. L. 118–22, § 402(2)(A)October 1, 2023November 17, 2023November 18, 2023January 19, 2024October 1, 2023November 17, 2023Subsec. (f)(1). , substituted “for the period beginning on , and ending on , 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 , and ending on , 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 , and ending on , 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)October 1, 2023November 17, 2023, inserted “, and for the period beginning on , and ending on , an amount equal to the pro rata portion of the amount appropriated for the corresponding period for fiscal year 2023” before period at end.

Pub. L. 118–22, § 402(2)(B)Subsec. (f)(2). , 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,”.

Pub. L. 116–215December 18, 2020December 11, 20202020— substituted “” for “” wherever appearing.

Pub. L. 116–159, § 2104(1)December 11, 2020November 30, 2020, substituted “” for “” wherever appearing.

Pub. L. 116–260, § 303(1)(A)(i)October 1, 2020December 18, 2020section 705(a) of this titleSubsec. (a)(1). , in introductory provisions, substituted “2023” for “2020 and for the period beginning , and ending ” and struck out “(or, with respect to such period, for fiscal year 2021)” before “under ”.

Pub. L. 116–136, § 3821(1)(A)October 1, 2020November 30, 2020October 1, 2019May 22, 2020, in introductory provisions, substituted “through 2020 and for the period beginning , and ending ” for “and 2019 and for the period beginning , and ending ” and “fiscal year 2021” for “fiscal year 2020”.

Pub. L. 116–260, § 303(1)(A)(ii)Subsec. (a)(1)(A). , struck out “or period” after “for the fiscal year” in two places.

Pub. L. 116–260, § 303(1)(B)(i)October 1, 2020December 18, 2020section 705(a) of this titleSubsec. (a)(2)(A). , substituted “2023” for “2020 and for the period beginning , and ending ” and struck out “(or, with respect to such period, for fiscal year 2021)” before “under ”.

Pub. L. 116–136, § 3821(1)(B)October 1, 2020November 30, 2020October 1, 2019May 22, 2020, substituted “through 2020 and for the period beginning , and ending ” for “and 2019 and for the period beginning , and ending ” and “fiscal year 2021” for “fiscal year 2020”.

Pub. L. 116–260, § 303(1)(B)(ii)section 705(a) of this titleSubsec. (a)(2)(B)(i). , struck out “(or, with respect to the period described in subparagraph (A), for fiscal year 2021)” before “under ”.

Pub. L. 116–159, § 2104(2), substituted “the period described in subparagraph (A), for fiscal year 2021” for “such period, for fiscal year 2020”.

Pub. L. 116–260, § 303(2)(A)October 1, 2020December 18, 2020Subsec. (f)(1). , substituted “2023” for “2020, and for the period beginning on , and ending on , 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)October 1, 2020November 30, 2020October 1, 2019May 22, 2020, substituted “through 2020, and for the period beginning on , and ending on , 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 , and ending ”.

Pub. L. 116–260, § 303(2)(B)Subsec. (f)(2). , substituted “2023,” for “2020, and for the period described in paragraph (1),”.

Pub. L. 116–159, § 2104(3), substituted “through 2020,” for “and 2019”.

Pub. L. 116–94, § 303(1)(A)May 22, 2020December 20, 20192019—Subsec. (a)(1). , substituted “” for “” in introductory provisions.

Pub. L. 116–69, § 1201(1)(A)December 20, 2019November 21, 2019, substituted “” for “” in introductory provisions.

Pub. L. 116–59, § 1201(1)(A)(i)October 1, 2019November 21, 2019, in introductory provisions, inserted “and for the period beginning , and ending ” 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”.

Pub. L. 116–59, § 1201(1)(A)(ii)Subsec. (a)(1)(A). , substituted “for the fiscal year or period” for “for the fiscal year” in two places.

Pub. L. 116–94, § 303(1)(B)May 22, 2020December 20, 2019Subsec. (a)(2)(A). , substituted “” for “”.

Pub. L. 116–69, § 1201(1)(B)December 20, 2019November 21, 2019, substituted “” for “”.

Pub. L. 116–59, § 1201(1)(B)(i)October 1, 2019November 21, 2019, inserted “and for the period beginning , and ending ” 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”.

Pub. L. 116–59, § 1201(1)(B)(ii)Subsec. (a)(2)(B)(i). , inserted “(or, with respect to such period, for fiscal year 2020)” after “for the fiscal year”.

Pub. L. 116–94, § 303(2)October 1, 2019May 22, 2020October 1, 2019December 20, 2019Subsec. (f)(1). , substituted “$48,287,671 for the period beginning , and ending ” for “$16,643,836 for the period beginning , and ending ”.

Pub. L. 116–69, § 1201(2)October 1, 2019December 20, 2019October 1, 2019November 21, 2019, substituted “$16,643,836 for the period beginning , and ending ” for “$10,684,931 for the period beginning , and ending ”.

Pub. L. 116–59, § 1201(2)(A)October 1, 2019November 21, 2019, inserted “and $10,684,931 for the period beginning , and ending ” after “for each of fiscal years 2018 and 2019”.

Pub. L. 116–59, § 1201(2)(B)Subsec. (f)(2). , inserted “and for the period described in paragraph (1)” after “for each of fiscal years 2018 and 2019”.

Pub. L. 115–1232018— amended section generally. Prior to amendment, section related to abstinence education.

Pub. L. 115–141, § 701(b)Subsec. (a)(1)(A). , substituted “subsection (f)(1)” for “subsection (e)(1)” and “subsection (f)(2)” for “subsection (e)(2)”.

Pub. L. 115–141, § 701(a)section 703(a) of this titleSubsec. (d)(1). , inserted before period at end “, except that shall be applied by substituting ‘the total of the sums’ for ‘four-sevenths of the total of the sums’ ”.

Pub. L. 114–10, § 214(a)(1)2015—Subsec. (a). , substituted “2017” for “2015” in introductory provisions.

Pub. L. 114–10, § 214(a)(2)Subsec. (d). , inserted “and an additional $75,000,000 for each of fiscal years 2016 and 2017” after “2015”.

Pub. L. 113–932014—Subsecs. (a), (d). substituted “2015” for “2014”.

Pub. L. 111–148, § 2954(1)2010—Subsec. (a). , substituted “each of fiscal years 2010 through 2014” for “fiscal year 1998 and each subsequent fiscal year”.

Pub. L. 111–148, § 2954(2)March 23, 2010Subsec. (d). , substituted “2010 through 2014” for “1998 through 2003” in first sentence and inserted “(except that such appropriation shall be made on , in the case of fiscal year 2010)” before period at end of second sentence.

Pub. L. 108–402003—Subsec. (d). 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, 2018132 Stat. 227

October 1, 2017“The amendment made by this section [amending this section] shall take effect as if enacted on .”

, , , provided that:

Effective Date of 2003 Amendment

Pub. L. 108–40July 1, 2003section 8 of Pub. L. 108–40 section 603 of this titleAmendment by effective , see , set out as a note under .

Establishing National Goals To Prevent Teenage Pregnancies

Pub. L. 104–193, title IX, § 905Aug. 22, 1996110 Stat. 2349

“(a)

In General .—

January 1, 1997Not later than , 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 .—

June 30, 1998Not later than , 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).”

, , , provided that: