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

(a) In general. (1) Allotments to States. For each fiscal year 2018 through 2026, and for October 1 through December 31, 2026, the Secretary must allot funds to each State that submitted an application for that fiscal year—or, for that period, for fiscal year 2027—under section 705(a). The amount equals: (A) the amount appropriated under subsection (f)(1) for that fiscal year or period, minus the amount reserved under subsection (f)(2); multiplied by (B) the number of low-income children in the State divided by the total number of low-income children in all States. (2) Other allotments. (A) Other entities. For each fiscal year 2018 through 2026 and, for fiscal year 2027, for the period described in paragraph (1), the Secretary must allot to one or more entities in a State that did not submit the required application the amount that would have gone to the State if it had applied. (B) Process. The Secretary must choose recipients through a competitive grant process. Within 30 days after the application deadline, the Secretary must publish a notice seeking grant applications. All applications must be submitted within 120 days after that deadline. (b) Purpose. (1) In general. Except for research under paragraph (5) and information collection and reporting under paragraph (6), an allotment to a State or another entity in the State must be used to provide education exclusively on sexual risk avoidance, meaning voluntarily refraining from sexual activity. (2) Required components. This education must: (A) make the clear and primary message and context for every topic in paragraph (3) a message to youth that normalizes the optimal health behavior of avoiding sex outside marriage; (B) be medically accurate and complete; (C) fit the age of the students; (D) be based on learning and development theories for the students’ age group; and (E) fit the culture while recognizing youth from diverse communities, backgrounds, and experiences. (3) Topics. The education must address: (A) the complete personal and societal benefits of personal responsibility, self-control, setting goals, making healthy decisions, and focusing on the future; (B) the advantage of avoiding sex outside marriage to improve youth’s future prospects and physical and emotional health; (C) the greater likelihood of avoiding poverty when youth become self-sufficient and emotionally mature before engaging in sexual activity; (D) the basic parts of healthy relationships and their effect on forming healthy marriages and safe, stable families; (E) how other risky behaviors by youth, such as using drugs and alcohol, increase the risk of teen sex; and (F) how to resist and avoid sexual coercion and dating violence and get help about them, while recognizing that teen sex remains a youth risk behavior even when there is consent. (4) Contraception. The education must ensure that: (A) any contraception information is medically accurate and complete and makes students understand that contraception reduces physical risk but does not eliminate it; and (B) the education does not demonstrate or simulate contraceptive use or distribute contraceptive devices. (5) Research. (A) A recipient may use up to 20 percent of its allotment to build the evidence base for this education by conducting or supporting research. (B) The research must be rigorous, evidence-based, and designed and conducted by independent researchers experienced in conducting and publishing research in peer-reviewed outlets. (6) Information collection and reporting. As the Secretary specifies, a recipient must: (A) collect information about programs and activities funded by the allotment; and (B) report to the Secretary the data from those programs and activities. (c) National evaluation. (1) The Secretary must: (A) consult appropriate State and local agencies and conduct one or more rigorous evaluations of education funded under this section and related data; and (B) report the evaluation results to Congress together with a summary of information collected under subsection (b)(6). (2) In conducting these evaluations, including creating rigorous methods, the Secretary must consult relevant stakeholders and evaluation experts. (d) Applicability of certain provisions. (1) Sections 703, 707, and 708 apply to allotments under subsection (a) in the same way they apply to allotments under section 702(c), except that section 703(a) must use “the total of the sums” instead of “four-sevenths of the total of the sums.” (2) Sections 705 and 706 apply to allotments under subsection (a) to the extent the Secretary decides is appropriate. (e) Definitions. In this section: (1) “Age-appropriate” means suitable for the developmental and social maturity of the particular age or age group, considering topics, messages, teaching methods, and the typical developing cognitive, emotional, and behavioral capacity of that age group. This section defines the term. (2) “Medically accurate and complete” means verified or supported by the weight of research using accepted scientific methods and either published in peer-reviewed journals when applicable, or consisting of information that leading professional organizations and agencies with relevant expertise recognize as accurate, objective, and complete. This section defines the term. (3) “Rigorous,” for research or evaluation, means using established scientific methods to measure an intervention’s or program model’s effect on changing behavior—specifically sexual activity or other sexual risk behaviors—or reducing pregnancy among youth, or other evidence-based methods established by the Secretary for this section. This section defines the term. (4) “Youth” means one or more people who are at least 10 but not yet 20 years old. This section defines the term. (f) Funding. (1) There is appropriated from money in the Treasury not otherwise appropriated $75 million for each fiscal year 2018 through 2026. For October 1 through December 31, 2026, the appropriation is the proportional part of the amount appropriated for the corresponding period of fiscal year 2026. (2) For each fiscal year 2018 through 2023 and the period described in paragraph (1), the Secretary must reserve no more than 20 percent of the amount appropriated under paragraph (1) to administer this program, including national evaluations and technical assistance for allotment recipients.