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42 U.S.C. § 710 — Sexual risk avoidance education
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Page 2445
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 710
1 So in original. The word ‘‘and’’ probably should not appear.
2 So in original. Probably should be ‘‘comply with’’.
(6) assisting in the preparation of reports to
the Congress on the activities funded and ac-
complishments achieved under this subchapter
from the information required to be reported
by the States under sections 705(a) and 706 of
this title; and 1
(7) assisting States in the development of
care coordination services (as defined in sec-
tion 701(b)(3) of this title); and
(8) developing and making available to the
State agency (or agencies) administering the
State’s program under this subchapter a na-
tional directory listing by State the toll-free
numbers described in section 705(a)(5)(E) of
this title.
(b) The State health agency of each State
shall be responsible for the administration (or
supervision of the administration) of programs
carried out with allotments made to the State
under this subchapter, except that, in the case
of a State which on July 1, 1967, provided for ad-
ministration (or supervision thereof) of the
State plan under this subchapter (as in effect on
such date) by a State agency other than the
State health agency, that State shall be consid-
ered to comply 2 the requirement of this sub-
section if it would otherwise comply but for the
fact that such other State agency administers
(or supervises the administration of) any such
program providing services for children with
special health care needs.
(Aug. 14, 1935, ch. 531, title V, § 509, as added Pub.
L. 97–35, title XXI, § 2192(a), Aug. 13, 1981, 95 Stat.
825; amended Pub. L. 99–272, title IX, § 9527(e),
Apr. 7, 1986, 100 Stat. 219; Pub. L. 101–239, title
VI, §§ 6503(c)(4), 6505, Dec. 19, 1989, 103 S
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Page 2445
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 710
1 So in original. The word ‘‘and’’ probably should not appear.
2 So in original. Probably should be ‘‘comply with’’.
(6) assisting in the preparation of reports to
the Congress on the activities funded and ac-
complishments achieved under this subchapter
from the information required to be reported
by the States under sections 705(a) and 706 of
this title; and 1
(7) assisting States in the development of
care coordination services (as defined in sec-
tion 701(b)(3) of this title); and
(8) developing and making available to the
State agency (or agencies) administering the
State’s program under this subchapter a na-
tional directory listing by State the toll-free
numbers described in section 705(a)(5)(E) of
this title.
(b) The State health agency of each State
shall be responsible for the administration (or
supervision of the administration) of programs
carried out with allotments made to the State
under this subchapter, except that, in the case
of a State which on July 1, 1967, provided for ad-
ministration (or supervision thereof) of the
State plan under this subchapter (as in effect on
such date) by a State agency other than the
State health agency, that State shall be consid-
ered to comply 2 the requirement of this sub-
section if it would otherwise comply but for the
fact that such other State agency administers
(or supervises the administration of) any such
program providing services for children with
special health care needs.
(Aug. 14, 1935, ch. 531, title V, § 509, as added Pub.
L. 97–35, title XXI, § 2192(a), Aug. 13, 1981, 95 Stat.
825; amended Pub. L. 99–272, title IX, § 9527(e),
Apr. 7, 1986, 100 Stat. 219; Pub. L. 101–239, title
VI, §§ 6503(c)(4), 6505, Dec. 19, 1989, 103 Stat. 2278,
2281.)
Editorial Notes
PRIOR PROVISIONS
A prior section 709, act Aug. 14, 1935, ch. 531, title V,
§ 509, as added Jan. 2, 1968, Pub. L. 90–248, title III, § 301,
81 Stat. 926; amended July 10, 1972, Pub. L. 92–345, § 2(e),
86 Stat. 457; Oct. 30, 1972, Pub. L. 92–603, title II,
§§ 221(c)(3), 233(e), 86 Stat. 1389, 1412; July 1, 1973, Pub. L.
93–53, § 4(a)(7), 87 Stat. 135, related to special project
grants for health of school and preschool children, prior
to the general revision of this subchapter by section
2192(a) of Pub. L. 97–35. 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.
Provisions similar to those comprising former sec-
tion 709, were contained in section 532 of act Aug. 14,
1935, ch. 531, title V, as added July 30, 1965, Pub. L.
89–97, title II, § 205(3), 79 Stat. 354 (formerly classified to
section 729–1 of this title), prior to the general amend-
ment and renumbering of title V of act Aug. 14, 1935, by
Pub. L. 90–248, § 301.
AMENDMENTS
1989—Subsec. (a)(4). Pub. L. 101–239, § 6505(1), inserted
before semicolon at end ‘‘and in developing consistent
and accurate data collection mechanisms in order to
report the information required under section 706(a)(2)
of this title’’.
Subsec. (a)(6). Pub. L. 101–239, § 6503(c)(4), substituted
‘‘705(a)’’ for ‘‘705’’.
Subsec. (a)(7), (8). Pub. L. 101–239, § 6505(2)–(4), added
pars. (7) and (8).
1986—Subsec. (b). Pub. L. 99–272 substituted ‘‘children
with special health care needs’’ for ‘‘crippled children’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1989 AMENDMENT
Amendment by section 6503(c)(4) of Pub. L. 101–239 ap-
plicable to payments for allotments for fiscal years be-
ginning with fiscal year 1991, and amendment by sec-
tion 6505 of Pub. L. 101–239 applicable to appropriations
for fiscal years beginning with fiscal year 1990, see sec-
tion 6510(a), (b)(1) of Pub. L. 101–239, set out as a note
under section 701 of this title.
REPORT TO CONGRESS; EVALUATION OF PROGRAM
Pub. L. 89–97, title II, § 206, July 30, 1965, 79 Stat. 354,
authorized Secretary to submit to President for trans-
mission to Congress before July 1, 1969, a full report of
administration of provisions of section 729–1 of this
title, which was covered by former sections 701,
702(1)(B), and 709 of this title, together with an evalua-
tion of program established thereby and his rec-
ommendations as to continuation of and modifications
in that program.
§ 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 2023, for the period beginning on
October 1, 2023, and ending on November 17,
2023, for the period beginning on November 18,
2023, and ending on January 19, 2024, for the pe-
riod beginning on January 20, 2024, and ending
on March 8, 2024, for the period beginning on
March 9, 2024, and ending on September 30,
2024, and for the period beginning on October 1,
2024, and ending on March 31, 2025, allot to
each State which has transmitted an applica-
tion for the fiscal year (or, with respect to the
applicable period, for fiscal year 2024 or 2025)
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 2023 and with respect to
fiscal year 2024 or 2025, for the applicable pe-
riod described in paragraph (1), for any State
which has not transmitted an application for
the fiscal year under section 705(a) of this
title, allot to one or more entities in the
State the amount that would have been al-
lotted 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 dead-
line for the State involved to submit an
Page 2446
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 710
application for the fiscal year (or, with re-
spect to fiscal year 2024 or 2025, for the ap-
plicable period described in paragraph (1))
under section 705(a) of this title, the Sec-
retary 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 refrain-
ing 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 pri-
mary 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 ac-
tivity;
(B) be medically accurate and complete;
(C) be age-appropriate;
(D) be based on adolescent learning and de-
velopmental theories for the age group re-
ceiving the education; and
(E) be culturally appropriate, recognizing
the experiences of youth from diverse com-
munities, backgrounds, and experiences.
(3) Topics
Education on sexual risk avoidance pursuant
to an allotment under this section shall ad-
dress each of the following topics:
(A) The holistic individual and societal
benefits associated with personal responsi-
bility, self-regulation, goal setting, healthy
decisionmaking, and a focus on the future.
(B) The advantage of refraining from non-
marital sexual activity in order to improve
the future prospects and physical and emo-
tional 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 contra-
ception 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 dem-
onstrations, simulations, or distribution of
contraceptive devices.
(5) Research
(A) In general
A State or other entity receiving an allot-
ment pursuant to subsection (a) may use up
to 20 percent of such allotment to build the
evidence base for sexual risk avoidance edu-
cation by conducting or supporting research.
(B) Requirements
Any research conducted or supported pur-
suant to subparagraph (A) shall be—
(i) rigorous;
(ii) evidence-based; and
(iii) designed and conducted by inde-
pendent 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 allot-
ment pursuant to subsection (a) shall, as spec-
ified 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 rig-
orous 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 pursu-
ant to subsection (b)(6).
(2) Consultation
In conducting the evaluations required by
paragraph (1), including the establishment of
rigorous evaluation methodologies, the Sec-
retary shall consult with relevant stake-
holders 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 al-
lotments under subsection (a) to the extent de-
termined by the Secretary to be appropriate.
(e) Definitions
In this section:
(1) The term ‘‘age-appropriate’’ means suit-
able (in terms of topics, messages, and teach-
Page 2447
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 710
ing 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 com-
plete’’ 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 re-
search or evaluation, means using—
(A) established scientific methods for
measuring the impact of an intervention or
program model in changing behavior (spe-
cifically sexual activity or other sexual risk
behaviors), or reducing pregnancy, among
youth; or
(B) other evidence-based methodologies es-
tablished 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 appro-
priated, out of any money in the Treasury not
otherwise appropriated, $75,000,000 for each of
fiscal years 2018 through 2023, for the period
beginning on October 1, 2023, and ending on
November 17, 2023, 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 November 18, 2023,
and ending on January 19, 2024, 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
January 20, 2024, and ending on March 8, 2024,
an amount equal to the pro rata portion of the
amount appropriated for the corresponding pe-
riod for fiscal year 2023, for the period begin-
ning on March 9, 2024, and ending on Sep-
tember 30, 2024, 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 October 1, 2024,
and ending on March 31, 2025, an amount equal
to the pro rata portion of the amount appro-
priated for the corresponding period for fiscal
year 2024.
(2) Reservation
The Secretary shall reserve, for each of fis-
cal years 2018 through 2023, and for the appli-
cable period described in paragraph (1), not
more than 20 percent of the amount appro-
priated pursuant to paragraph (1) for admin-
istering the program under this section, in-
cluding 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; Pub. L. 116–215, div. B, title II,
§ 1203(a), Dec. 11, 2020, 134 Stat. 1045; Pub. L.
116–260, div. CC, title III, § 303, Dec. 27, 2020, 134
Stat. 2993; Pub. L. 118–15, div. B, title III, § 2352,
Sept. 30, 2023, 137 Stat. 96; Pub. L. 118–22, div. B,
title II, § 402, Nov. 17, 2023, 137 Stat. 121; Pub. L.
118–35, div. B, title I, § 142, Jan. 19, 2024, 138 Stat.
6; Pub. L. 118–42, div. G, title I, § 403, Mar. 9, 2024,
138 Stat. 418; Pub. L. 118–158, div. C, title III,
§ 3301, Dec. 21, 2024, 138 Stat. 1767.)
Editorial Notes
PRIOR PROVISIONS
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 sub-
chapter by Pub. L. 97–35, title XXI, § 2192(a), Aug. 13,
1981, 95 Stat. 818. For effective date, savings, and tran-
sitional provisions, see section 2194 of Pub. L. 97–35, set
out as a note under section 701 of this title.
AMENDMENTS
2024—Subsec. (a)(1). Pub. L. 118–158, § 3301(1), sub-
stituted ‘‘March 31, 2025’’ for ‘‘December 31, 2024’’ in in-
troductory provisions.
Pub. L. 118–42, § 403(1)(A), in introductory provisions,
struck out ‘‘and’’ after ‘‘January 19, 2024,’’ and inserted
‘‘for the period beginning on March 9, 2024, and ending
on September 30, 2024, and for the period beginning on
October 1, 2024, and ending on December 31, 2024,’’ after
‘‘March 8, 2024,’’ and ‘‘or 2025’’ after ‘‘for fiscal year
2024’’.
Pub. L. 118–35, § 142(1), in introductory provisions,
struck out ‘‘and’’ after ‘‘November 17, 2023,’’ and in-
serted ‘‘and for the period beginning on January 20,
2024, and ending on March 8, 2024,’’ after ‘‘January 19,
2024,’’.
Subsec. (a)(2). Pub. L. 118–42, § 403(1)(B), inserted ‘‘or
2025’’ after ‘‘with respect to fiscal year 2024’’ in subpars.
(A) and (B)(i).
Subsec. (f)(1). Pub. L. 118–158, § 3301(2), substituted
‘‘March 31, 2025’’ for ‘‘December 31, 2024’’.
Pub. L. 118–42, § 403(2), struck out ‘‘and’’ before ‘‘for
the period beginning on January 20, 2024,’’ and sub-
stituted ‘‘, for the period beginning on March 9, 2024,
and ending on September 30, 2024, an amount equal to
the pro rata portion of the amount appropriated for the
corresponding period for fiscal year 2023, and for the pe-
riod beginning on October 1, 2024, and ending on Decem-
ber 31, 2024, 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), struck out ‘‘and’’ before ‘‘for
the period beginning on November 18, 2023,’’ and sub-
stituted ‘‘, and for the period beginning on January 20,
2024, and ending on March 8, 2024, an amount equal to
the pro rata portion of the amount appropriated for the
corresponding period for fiscal year 2023.’’ for period at
end.
Page 2448
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 710
2023—Subsec. (a)(1). Pub. L. 118–22, § 402(1)(A), in in-
troductory provisions, substituted ‘‘, for the period be-
ginning on October 1, 2023, and ending on November 17,
2023, and for the period beginning on November 18, 2023,
and ending on January 19, 2024’’ for ‘‘and for the period
beginning on October 1, 2023, and ending on November
17, 2023’’ and ‘‘with respect to the applicable period’’ for
‘‘with respect to such period’’.
Pub. L. 118–15, § 2352(1)(A)(i), in introductory provi-
sions, inserted ‘‘and for the period beginning on Octo-
ber 1, 2023, and ending on November 17, 2023’’ after
‘‘2023’’ and ‘‘(or, with respect to such period, for fiscal
year 2024)’’ after ‘‘for the fiscal year’’.
Subsec. (a)(1)(A). Pub. L. 118–15, § 2352(1)(A)(ii), in-
serted ‘‘or period’’ after ‘‘fiscal year’’ in two places.
Subsec. (a)(2)(A). Pub. L. 118–22, § 402(1)(B), sub-
stituted ‘‘for the applicable period’’ for ‘‘for the pe-
riod’’.
Pub. L. 118–15, § 2352(1)(B)(i), inserted ‘‘and with re-
spect to fiscal year 2024, for the period described in
paragraph (1)’’ after ‘‘2023’’.
Subsec. (a)(2)(B)(i). Pub. L. 118–22, § 402(1)(C), sub-
stituted ‘‘for the applicable period’’ for ‘‘for the pe-
riod’’.
Pub. L. 118–15, § 2352(1)(B)(ii), inserted ‘‘(or, with re-
spect to fiscal year 2024, for the period described in
paragraph (1))’’ after ‘‘for the fiscal year’’.
Subsec. (f)(1). Pub. L. 118–22, § 402(2)(A), substituted
‘‘for the period beginning on October 1, 2023, and ending
on November 17, 2023, an amount equal to the pro rata
portion of the amount appropriated for the cor-
responding period for fiscal year 2023, and for the period
beginning on November 18, 2023, and ending on January
19, 2024, 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
October 1, 2023, and ending on November 17, 2023, an
amount equal to the pro rata portion of the amount ap-
propriated for the corresponding period for fiscal year
2023’’.
Pub. L. 118–15, § 2352(2)(A), inserted ‘‘, and for the pe-
riod beginning on October 1, 2023, and ending on No-
vember 17, 2023, an amount equal to the pro rata por-
tion of the amount appropriated for the corresponding
period for fiscal year 2023’’ before period at end.
Subsec. (f)(2). Pub. L. 118–22, § 402(2)(B), substituted
‘‘for the applicable period’’ for ‘‘for the period’’.
Pub. L. 118–15, § 2352(2)(B), inserted ‘‘and for the pe-
riod described in paragraph (1),’’ after ‘‘2023,’’.
2020—Pub. L. 116–215 substituted ‘‘December 18, 2020’’
for ‘‘December 11, 2020’’ wherever appearing.
Pub. L. 116–159, § 2104(1), substituted ‘‘December 11,
2020’’ for ‘‘November 30, 2020’’ wherever appearing.
Subsec. (a)(1). Pub. L. 116–260, § 303(1)(A)(i), in intro-
ductory provisions, substituted ‘‘2023’’ for ‘‘2020 and for
the period beginning October 1, 2020, and ending Decem-
ber 18, 2020’’ and struck out ‘‘(or, with respect to such
period, for fiscal year 2021)’’ before ‘‘under section
705(a) of this title’’.
Pub. L. 116–136, § 3821(1)(A), in introductory provi-
sions, substituted ‘‘through 2020 and for the period be-
ginning 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)(1)(A). Pub. L. 116–260, § 303(1)(A)(ii), struck
out ‘‘or period’’ after ‘‘for the fiscal year’’ in two
places.
Subsec. (a)(2)(A). Pub. L. 116–260, § 303(1)(B)(i), sub-
stituted ‘‘2023’’ for ‘‘2020 and for the period beginning
October 1, 2020, and ending December 18, 2020’’ and
struck out ‘‘(or, with respect to such period, for fiscal
year 2021)’’ before ‘‘under section 705(a) of this title’’.
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 be-
ginning October 1, 2019, and ending May 22, 2020’’ and
‘‘fiscal year 2021’’ for ‘‘fiscal year 2020’’.
Subsec. (a)(2)(B)(i). Pub. L. 116–260, § 303(1)(B)(ii),
struck out ‘‘(or, with respect to the period described in
subparagraph (A), for fiscal year 2021)’’ before ‘‘under
section 705(a) of this title’’.
Pub. L. 116–159, § 2104(2), substituted ‘‘the period de-
scribed in subparagraph (A), for fiscal year 2021’’ for
‘‘such period, for fiscal year 2020’’.
Subsec. (f)(1). Pub. L. 116–260, § 303(2)(A), substituted
‘‘2023’’ for ‘‘2020, and for the period beginning on Octo-
ber 1, 2020, and ending on December 18, 2020, the amount
equal to the pro rata portion of the amount appro-
priated for such period for fiscal year 2020’’.
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. 116–260, § 303(2)(B), substituted
‘‘2023,’’ for ‘‘2020, and for the period described in para-
graph (1),’’.
Pub. L. 116–159, § 2104(3), substituted ‘‘through 2020,’’
for ‘‘and 2019’’.
2019—Subsec. (a)(1). Pub. L. 116–94, § 303(1)(A), sub-
stituted ‘‘May 22, 2020’’ for ‘‘December 20, 2019’’ in in-
troductory provisions.
Pub. L. 116–69, § 1201(1)(A), substituted ‘‘December 20,
2019’’ for ‘‘November 21, 2019’’ in introductory provi-
sions.
Pub. L. 116–59, § 1201(1)(A)(i), in introductory provi-
sions, 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), sub-
stituted ‘‘for the fiscal year or period’’ for ‘‘for the fis-
cal year’’ in two places.
Subsec. (a)(2)(A). Pub. L. 116–94, § 303(1)(B), sub-
stituted ‘‘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 pe-
riod 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), in-
serted ‘‘(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 be-
ginning 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 Octo-
ber 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 No-
vember 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 ‘‘sub-
section (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), sub-
stituted ‘‘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’’.
Page 2449
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 711
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’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2018 AMENDMENT
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.’’
EFFECTIVE DATE OF 2003 AMENDMENT
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.
ESTABLISHING NATIONAL GOALS TO PREVENT TEENAGE
PREGNANCIES
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 commu-
nities in the United States have teenage pregnancy
prevention programs in place.
‘‘(b) REPORT.—Not later than June 30, 1998, and annu-
ally thereafter, the Secretary shall report to the Con-
gress with respect to the progress that has been made
in meeting the goals described in paragraphs (1) and (2)
of subsection (a).’’
§ 711. Maternal, infant, and early childhood home
visiting programs
(a) Purposes
The purposes of this section are—
(1) to strengthen and improve the programs
and activities carried out under this sub-
chapter;
(2) to improve coordination of services for at
risk communities; and
(3) to identify and provide comprehensive
services to improve outcomes for families who
reside in at risk communities.
(b) Requirement for all States to assess statewide
needs and identify at risk communities
(1) In general
Each State shall, as a condition of receiving
payments from an allotment for the State
under section 702 of this title, conduct a state-
wide needs assessment (which may be separate
from but in coordination with the statewide
needs assessment required under section 705(a)
of this title and which shall be reviewed and
updated by the State not later than October 1,
2020) that identifies—
(A) communities with concentrations of—
(i) premature birth, low-birth weight in-
fants, and infant mortality, including in-
fant death due to neglect, or other indica-
tors of at-risk prenatal, maternal, new-
born, or child health;
(ii) poverty;
(iii) crime;
(iv) domestic violence;
(v) high rates of high-school drop-outs;
(vi) substance abuse;
(vii) unemployment; or
(viii) child maltreatment;
(B) the quality and capacity of existing
programs or initiatives for early childhood
home visitation in the State including—
(i) the number and types of individuals
and families who are receiving services
under such programs or initiatives;
(ii) the gaps in early childhood home vis-
itation in the State; and
(iii) the extent to which such programs
or initiatives are meeting the needs of eli-
gible families described in subsection (l)(2);
and
(C) the State’s capacity for providing sub-
stance abuse treatment and counseling serv-
ices to individuals and families in need of
such treatment or services.
(2) Coordination with other assessments
In conducting the statewide needs assess-
ment required under paragraph (1), the State
shall coordinate with, and take into account,
other appropriate needs assessments con-
ducted by the State, as determined by the Sec-
retary, including the needs assessment re-
quired under section 705(a) of this title (both
the most recently completed assessment and
any such assessment in progress), the com-
munitywide strategic planning and needs as-
sessments conducted in accordance with sec-
tion 9835(g)(1)(C) of this title, and the inven-
tory of current unmet needs and current com-
munity-based
and
prevention-focused
pro-
grams and activities to prevent child abuse
and neglect, and other family resource serv-
ices operating in the State required under sec-
tion 205(3) of the Child Abuse Prevention and
Treatment Act [42 U.S.C. 5116d(3)].
(3) Submission to the Secretary
Each State shall submit to the Secretary, in
such form and manner as the Secretary shall
require—
(A) the results of the statewide needs as-
sessment required under paragraph (1); and
(B) a description of how the State intends
to address needs identified by the assess-
ment, particularly with respect to commu-
nities identified under paragraph (1)(A),
which may include applying for a grant to
conduct an early childhood home visitation
program in accordance with the require-
ments of this section.
(c) Grants for early childhood home visitation
programs
(1) Authority to make grants
In addition to any other payments made
under this subchapter to a State, the Sec-
retary shall make grants to eligible entities to
enable the entities to deliver services under
early childhood home visitation programs that
satisfy the requirements of subsection (d) to
eligible families in order to promote improve-
ments in maternal and prenatal health, infant
health, child health and development, par-
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
A grant may not be made to a State under this subchapter unless an application therefor is submitted by the State to the Secretary and such application contains the types of information specified by the Secretary as essential to carrying out the provisions of [section 5116a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5116a&num=0&edition=prelim), including—
(1) a description of the lead entity that will be responsible for the administration of funds provided under this subchapter and the oversight of programs funded through the community-based and prevention-focused programs and activities designed to strengthen and support families to prevent child abuse and neglect which meets the requirements of [section 5116a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5116a&num=0&edition=prelim);
(2) a description of how the community-based and prevention-focused programs and activities designed to strengthen and support families to prevent child abuse and neglect will operate, including how community-based child abuse and neglect prevention programs provided by public and private, nonprofit organizations will be integrated into a developing continuum of family centered, holistic, preventive services for children and families;
(3) a description of the inventory of current unmet needs and current community-based and prevention-focused programs and activities to prevent child abuse and neglect, and other family resource services operating in the State;
(4) a budget for the development, operation, and expansion of the community-based and prevention-focused programs and activities designed to strengthen and support families to prevent child abuse and neglect that verifies that the State wil
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5116d
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 5116d. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 6347
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 5116d
(c) Allocation
Funds allotted to a State under this section—
(1) shall be for a 3-year period; and
(2) shall be provided by the Secretary to the
State on an annual basis, as described in sub-
section (b).
(Pub. L. 93–247, title II, § 203, as added Pub. L.
104–235, title I, § 121, Oct. 3, 1996, 110 Stat. 3082;
amended Pub. L. 108–36, title I, § 123, June 25,
2003, 117 Stat. 815; Pub. L. 111–320, title I, § 134,
Dec. 20, 2010, 124 Stat. 3479.)
Editorial Notes
REFERENCES IN TEXT
Section 5116i of this title, referred to in subsecs. (a)
and (b)(1), was in the original ‘‘section 210’’, and was
translated as meaning section 209 of Pub. L. 93–247 to
reflect the probable intent of Congress and the redesig-
nation of section 210 as 209 by Pub. L. 111–320, title I,
§ 141, Dec. 20, 2010, 124 Stat. 3482.
PRIOR PROVISIONS
A prior section 5116b, Pub. L. 93–247, title II, § 203, for-
merly Pub. L. 98–473, title IV, § 404, Oct. 12, 1984, 98 Stat.
2197; renumbered § 203 of Pub. L. 93–247, and amended
Pub. L. 101–126, §§ 2(a), 3(a)(3), (c)(1), 4(c), 5, Oct. 25, 1989,
103 Stat. 764, 766–768; Pub. L. 102–295, title I, § 122, May
28, 1992, 106 Stat. 198, authorized Secretary to make
grants and authorized appropriations to carry out this
subchapter, prior to the general amendment of this
subchapter by Pub. L. 103–252, § 401(a).
AMENDMENTS
2010—Subsec. (b)(1). Pub. L. 111–320 inserted subpar.
headings.
2003—Subsec. (b)(1)(B). Pub. L. 108–36, § 123(1), sub-
stituted ‘‘as the amount of private, State or other non-
Federal funds leveraged and directed through the cur-
rently designated’’ for ‘‘as the amount leveraged by the
State from private, State, or other non-Federal sources
and directed through the’’, ‘‘St
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 5116d
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 5116d. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general**
(1) **Allotments to States** — For the purpose described in subsection (b), the Secretary shall, for each of fiscal years 2018 through 2025, and for the period beginning on October 1, 2025, and ending on January 30, 2026, 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 [section 705(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section705/a&num=0&edition=prelim) 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 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 [section 705(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section705/a&num=0&edition=prelim), 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 invo
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 710
Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.