42 U.S.C. § 710
Section 710 · Separate program for abstinence education
Current version, with additions and removals from the June 30, 2003 version.
For the purpose described in subsection (b) of this section, the Secretary shall, for fiscal year 1998 and each subsequent fiscal year, allot to each State which has transmitted an application for the fiscal year under section 705(a) of this title an amount equal to the product of—
(1) the amount appropriated in subsection (d) of this section for the fiscal year; and
(2) the percentage determined for the State under section 702(c)(1)(B)(ii) of this title.
(1) The purpose of an allotment under subsection (a) of this section to a State is to enable the State to provide abstinence education, and at the option of the State, where appropriate, mentoring, counseling, and adult supervision to promote abstinence from sexual activity, with a focus on those groups which are most likely to bear children out-of-wedlock.
(2) For purposes of this section, the term “abstinence education” means an educational or motivational program which—
(A) has as its exclusive purpose, teaching the social, psychological, and health gains to be realized by abstaining from sexual activity;
(B) teaches abstinence from sexual activity outside marriage as the expected standard for all school age children;
(C) teaches that abstinence from sexual activity is the only certain way to avoid out-of-wedlock pregnancy, sexually transmitted diseases, and other associated health problems;
(D) teaches that a mutually faithful monogamous relationship in context of marriage is the expected standard of human sexual activity;
(E) teaches that sexual activity outside of the context of marriage is likely to have harmful psychological and physical effects;
(F) teaches that bearing children out-of-wedlock is likely to have harmful consequences for the child, the child's parents, and society;
(G) teaches young people how to reject sexual advances and how alcohol and drug use increases vulnerability to sexual advances; and
(H) teaches the importance of attaining self-sufficiency before engaging in sexual activity.
(1) Sections 703, 707, and 708 of this title apply to allotments under subsection (a) of this section to the same extent and in the same manner as such sections apply to allotments under section 702(c) of this title.
(2) Sections 705 and 706 of this title apply to allotments under subsection (a) of this section to the extent determined by the Secretary to be appropriate.
For the purpose of allotments under subsection (a) of this section, there is appropriated, out of any money in the Treasury not otherwise appropriated, an additional $50,000,000 for each of the fiscal years 1998 through 2003. The appropriation under the preceding sentence for a fiscal year is made on October 1 of the fiscal year.
For the purpose described in subsection (b), the Secretary shall, for each of fiscal years 2018 through 2026, and for the period beginning on October 1, 2026, and ending on December 31, 2026, allot to each State which has transmitted an application for the fiscal year (or, with respect to the applicable period, for fiscal year 2027) under section 705(a) of this title an amount equal to the product of—
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
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.
For the purpose described in subsection (b), the Secretary shall, for each of fiscal years 2018 through 2026 and with respect to fiscal year 2027, 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 2027) 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.
The Secretary shall select the recipients of allotments under subparagraph (A) by means of a competitive grant process under which—
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 2027, for the applicable period described in paragraph (1)) under section 705(a) of this title, the Secretary publishes a notice soliciting grant applications; and
not later than 120 days after such deadline, all such applications must be submitted.
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).
Education on sexual risk avoidance pursuant to an allotment under this section shall—
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;
be medically accurate and complete;
be age-appropriate;
be based on adolescent learning and developmental theories for the age group receiving the education; and
be culturally appropriate, recognizing the experiences of youth from diverse communities, backgrounds, and experiences.
Education on sexual risk avoidance pursuant to an allotment under this section shall address each of the following topics:
The holistic individual and societal benefits associated with personal responsibility, self-regulation, goal setting, healthy decisionmaking, and a focus on the future.
The advantage of refraining from nonmarital sexual activity in order to improve the future prospects and physical and emotional health of youth.
The increased likelihood of avoiding poverty when youth attain self-sufficiency and emotional maturity before engaging in sexual activity.
The foundational components of healthy relationships and their impact on the formation of healthy marriages and safe and stable families.
How other youth risk behaviors, such as drug and alcohol usage, increase the risk for teen sex.
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.
Education on sexual risk avoidance pursuant to an allotment under this section shall ensure that—
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
the education does not include demonstrations, simulations, or distribution of contraceptive devices.
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.
Any research conducted or supported pursuant to subparagraph (A) shall be—
rigorous;
evidence-based; and
designed and conducted by independent researchers who have experience in conducting and publishing research in peer-reviewed outlets.
A State or other entity receiving an allotment pursuant to subsection (a) shall, as specified by the Secretary—
collect information on the programs and activities funded through the allotment; and
submit reports to the Secretary on the data from such programs and activities.
The Secretary shall—
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
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).
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.
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”.
Sections 705 and 706 of this title apply to allotments under subsection (a) to the extent determined by the Secretary to be appropriate.
In this section:
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.
The term “medically accurate and complete” means verified or supported by the weight of research conducted in compliance with accepted scientific methods and—
published in peer-reviewed journals, where applicable; or
comprising information that leading professional organizations and agencies with relevant expertise in the field recognize as accurate, objective, and complete.
The term “rigorous”, with respect to research or evaluation, means using—
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
other evidence-based methodologies established by the Secretary for purposes of this section.
The term “youth” refers to one or more individuals who have attained age 10 but not age 20.
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 2026, and for the period beginning on October 1, 2026, and ending on December 31, 2026, an amount equal to the pro rata portion of the amount appropriated for the corresponding period for fiscal year 2026.
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.