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Title 20 — Education

Part F · Chapter 70 — Strengthening and Improvement of Elementary and Secondary Schools

§ 7906. Prohibited uses of funds

Statutory text

No funds under this chapter may be used—

(1)

for construction, renovation, or repair of any school facility, except as authorized under this chapter;

(2)

for transportation unless otherwise authorized under this chapter;

(3)

to develop or distribute materials, or operate programs or courses of instruction directed at youth, that are designed to promote or encourage sexual activity, whether homosexual or heterosexual;

(4)

to distribute or to aid in the distribution by any organization of legally obscene materials to minors on school grounds;

(5)

to provide sex education or HIV-prevention education in schools unless that instruction is age appropriate and includes the health benefits of abstinence;

(6)

to operate a program of contraceptive distribution in schools; or

(7)

for the provision to any person of a dangerous weapon, as defined in section 930(g)(2) of title 18, or training in the use of a dangerous weapon, except that this paragraph shall not apply to the use of funds under this chapter for activities carried out under programs authorized by this chapter that are otherwise permissible under such programs and that provide students with educational instruction or educational enrichment activities, such as archery, hunting, other shooting sports, or culinary arts.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Elementary and Secondary Education Act of 1965

    Pub. L. 89–10 title VIII § 8526 · 79 Stat. 27

    Enacted · 20 U.S.C. § 7906

    Pub. L. 89–10, title VIII, § 8526, formerly title IX, § 9526, as added Pub. L. 107–110, title IX, § 901, Jan. 8, 2002, 115 Stat. 1982

    Source evidence

    Code source credit
    Pub. L. 89–10, title VIII, § 8526, formerly title IX, § 9526, as added Pub. L. 107–110, title IX, § 901, Jan. 8, 2002, 115 Stat. 1982

  2. Every Student Succeeds Act

    Pub. L. 114–95 § 8022 · 129 Stat. 1802

    1. Substituted · 20 U.S.C. § 7906

      Pub. L. 114–95, § 8022, substituted “Prohibited uses of funds” for “General prohibitions” in section catchline, in subsec. (a)

    2. Struck · 20 U.S.C. § 7906

      Pub. L. 114–95, § 8022, struck out “(a) Prohibition” before introductory provisions

    3. Substituted · 20 U.S.C. § 7906

      Pub. L. 114–95, § 8022, substituted “No funds under this chapter may be used” for “None of the funds authorized under this chapter shall be used” in introductory provisions

    4. Added · 20 U.S.C. § 7906

      Pub. L. 114–95, § 8022, added pars. (1) and (2)

    5. Redesignated · 20 U.S.C. § 7906

      Pub. L. 114–95, § 8022, redesignated former pars. (1) to (4) as (3) to (6), respectively

    6. Struck · 20 U.S.C. § 7906

      Pub. L. 114–95, § 8022, struck out subsec. (b). Prior to amendment, text of subsec. (b) read as follows: “Nothing in this section shall be construed to—

    Source evidence

    Code amendment note
    Pub. L. 114–95, § 8022, substituted “Prohibited uses of funds” for “General prohibitions” in section catchline, in subsec. (a), struck out “(a) Prohibition” before introductory provisions, substituted “No funds under this chapter may be used” for “None of the funds authorized under this chapter shall be used” in introductory provisions, added pars. (1) and (2) and redesignated former pars. (1) to (4) as (3) to (6), respectively, and struck out subsec. (b). Prior to amendment, text of subsec. (b) read as follows: “Nothing in this section shall be construed to—

    “(1) authorize an officer or employee of the Federal Government to mandate, direct, review, or control a State, local educational agency, or school’s instructional content, curriculum, and related activities; “(2) limit the application of the General Education Provisions Act; “(3) require the distribution of scientifically or medically false or inaccurate materials or to prohibit the distribution of scientifically or medically true or accurate materials; or “(4) create any legally enforceable right.”

    Enacted provision · exact public law section
    SEC. 8022. PROHIBITED USES OF FUNDS.   Section 8526, 20 USC 7906. as redesignated by section 8001 of this Act, is amended— (1) by striking the section heading and inserting “prohibited uses of funds”; (2) in subsection (a)— (A) by redesignating paragraphs (1) through (4) as paragraphs (3) through (6), respectively; and (B) by inserting before paragraph (3) (as redesignated by subparagraph (A)) the following: “(1) for construction, renovation, or repair of any school facility, except as authorized under this Act; “(2) for transportation unless otherwise authorized under this Act;” ; (3) by striking “(a)Prohibition.—None of the funds authorized under this Act shall be used” and inserting “No funds under this Act may be used”; and (4) by striking subsection (b).

    Effective date note
    Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.

  3. Bipartisan Safer Communities Act

    Pub. L. 117–159 div. A title III § 13401 · 136 Stat. 1313

    Added · 20 U.S.C. § 7906(7)

    Pub. L. 117–159 added par. (7)

    Source evidence

    Code amendment note
    Par. (7). Pub. L. 117–159 added par. (7).

    Enacted provision · exact public law section
    SEC. 13401. AMENDMENT ON ESEA FUNDING.   Section 8526 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7906) is amended— (1) in paragraph (5), by striking “or” after the semicolon; (2) in paragraph (6), by striking the period at the end and inserting “; or”; and (3) by adding at the end the following: “(7) for the provision to any person of a dangerous weapon, as defined in section 930(g)(2) of title 18, United States Code, or training in the use of a dangerous weapon.” .

  4. Protecting Hunting Heritage and Education Act

    Pub. L. 118–17 § 2 · 137 Stat. 102

    Inserted · 20 U.S.C. § 7906(7)

    Pub. L. 118–17 inserted before period at end “, except that this paragraph shall not apply to the use of funds under this chapter for activities carried out under programs authorized by this chapter that are otherwise permissible under such programs and that provide students with educational instruction or educational enrichment activities, such as archery, hunting, other shooting sports, or culinary arts”

    Source evidence

    Code amendment note
    Par. (7). Pub. L. 118–17 inserted before period at end “, except that this paragraph shall not apply to the use of funds under this chapter for activities carried out under programs authorized by this chapter that are otherwise permissible under such programs and that provide students with educational instruction or educational enrichment activities, such as archery, hunting, other shooting sports, or culinary arts”.

    Enacted provision · exact public law section
    SEC. 2. CLARIFICATION OF PROHIBITION ON USE OF FEDERAL EDUCATION FUNDS FOR CERTAIN WEAPONS AND RELATED TRAINING.   Section 8526(7) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7906(7)) is amended by inserting “, except that this paragraph shall not apply to the use of funds under this Act for activities carried out under programs authorized by this Act that are otherwise permissible under such programs and that provide students with educational instruction or educational enrichment activities, such as archery, hunting, other shooting sports, or culinary arts” before the period at the end.

8 of 9 references resolved to an enrolled provision · 1 partial

Editorial Notes

Prior Provisions

A prior section 7906, Pub. L. 89–10, title IX, § 9206, as added Pub. L. 103–382, title I, § 101, , 108 Stat. 3800, authorized grants for a Native Hawaiian higher education program, prior to the general amendment of former subchapter IX of this chapter by Pub. L. 107–110.

Amendments2015–2023 · 3 rounds

2023

Par. (7). Pub. L. 118–17 inserted before period at end “, except that this paragraph shall not apply to the use of funds under this chapter for activities carried out under programs authorized by this chapter that are otherwise permissible under such programs and that provide students with educational instruction or educational enrichment activities, such as archery, hunting, other shooting sports, or culinary arts”.

2022

Par. (7). Pub. L. 117–159 added par. (7).

2015

Pub. L. 114–95, § 8022, substituted “Prohibited uses of funds” for “General prohibitions” in section catchline, in subsec. (a), struck out “(a) Prohibition” before introductory provisions, substituted “No funds under this chapter may be used” for “None of the funds authorized under this chapter shall be used” in introductory provisions, added pars. (1) and (2) and redesignated former pars. (1) to (4) as (3) to (6), respectively, and struck out subsec. (b). Prior to amendment, text of subsec. (b) read as follows: “Nothing in this section shall be construed to—

“(1) authorize an officer or employee of the Federal Government to mandate, direct, review, or control a State, local educational agency, or school’s instructional content, curriculum, and related activities;

“(2) limit the application of the General Education Provisions Act;

“(3) require the distribution of scientifically or medically false or inaccurate materials or to prohibit the distribution of scientifically or medically true or accurate materials; or

“(4) create any legally enforceable right.”

Statutory Notes and Related Subsidiaries

Effective Date of 2015 Amendment

Amendment by Pub. L. 114–95 effective , except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.

Credits

2002–2023 · 4 acts
  1. 2002Pub. L. 89–10, title VIII, § 8526, formerly title IX, § 9526, as added Pub. L. 107–110, title IX, § 901, , 115 Stat. 1982
  2. 2015renumbered title VIII, § 8526, and amended Pub. L. 114–95, title VIII, §§ 8001(a)(6), 8022, , 129 Stat. 2088, 2089, 2112
  3. 2022Pub. L. 117–159, div. A, title III, § 13401, , 136 Stat. 1338
  4. 2023Pub. L. 118–17, § 2, , 137 Stat. 102.
Show as published

(Pub. L. 89–10, title VIII, § 8526, formerly title IX, § 9526, as added Pub. L. 107–110, title IX, § 901, , 115 Stat. 1982; renumbered title VIII, § 8526, and amended Pub. L. 114–95, title VIII, §§ 8001(a)(6), 8022, , 129 Stat. 2088, 2089, 2112; Pub. L. 117–159, div. A, title III, § 13401, , 136 Stat. 1338; Pub. L. 118–17, § 2, , 137 Stat. 102.)

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USLM identifier /us/usc/t20/s7906