Abstinence Education: Applicability of Section 317P of the Public Health Service Act
B-308128, Oct 18, 2006
Section 317P(c)(2) of the Public Health Service Act, 42 U.S.C. 247b-17(c)(2) (2000), requires educational and prevention materials prepared and used by the Secretary of Health and Human Services (HHS) and HHS grantees, among others, to contain medically accurate information on condom effectiveness when such materials are specifically designed to address sexually transmitted diseases. Section 317P(c)(2) would apply to educational materials prepared and used by recipients of federal abstinence education grants, depending upon the substantive content of those materials. We recommend that HHS reexamine its position that section 317P(c)(2) does not apply to materials prepared and used by abstinence education grantees and adopt measures to ensure that, where applicable, abstinence education materials funded through federal abstinence education grants comply with this requirement.