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B-308128 1 (2006-10-18)

handle is hein.gao/gaocrptastw0001 and id is 1 raw text is: Sai Accountability * Integrity * Reliability United States Government Accountability Office Washington, DC 20548 B-308128 October 18, 2006 The Honorable Michael 0. Leavitt Secretary of Health and Human Services Subject: Abstinence Education: Applicability of Section 317P of the Public Health Service Act Dear Mr. Secretary: In responding to a congressional request on federal abstinence education grant programs, we identified a legal matter that requires the attention of the Department of Health and Human Services (HHS). In this regard, section 317P(c)(2) of the Public Health Service Act' requires certain educational materials to contain medically accurate information about condom effectiveness. HHS believes that this statute does not apply to materials prepared and used by recipients of federal abstinence education grants. As discussed below, we conclude that this requirement would apply to abstinence education materials prepared and used by federal grant recipients, depending upon the substantive content of those materials. We did not assess any particular abstinence education materials for compliance with section 317P(c)(2) and, therefore, reach no conclusions regarding statutory violations. However, in light of our conclusion, we recommend that HHS reexamine its position and adopt measures to ensure that, where applicable, abstinence education materials comply with this requirement. BACKGROUND As you know, HHS supports efforts to provide abstinence education primarily through grants to states, local communities, and private organizations under three programs. First, under section 510 of the Social Security Act,' HHS makes formula grants to states for the provision of abstinence education, targeting those most likely to have children out-of-wedlock. In addition, under section 1110 of the Social '42 U.S.C. § 247b-17(c)(2) (2000). '42 U.S.C. § 710 (2000 & Supp. III 2003).

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