Title X (Public Health Service Act) Family Planning Program

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AngelaNapili
Information Research Specialist

Thefederal government provides grants for voluntary family planning servicesthrough the Family Planning Program, Title X of the Public Health ServiceAct, codified at 42 U.S.C. Section 300 to Section 300a-6. The program,enacted in 1970, is the only domestic federal program devoted solely tofamily planning and related preventive health services. Title X is administered throughthe Office of Population Affairs (OPA) under the Office of the AssistantSecretary for Health in the Department of Health and Human Services(DHHS).

Although the authorization of appropriations for Title X ended with FY1985,funding for the program has continued to be provided through appropriationsbills for the Departments of Labor, Health and Human Services, andEducation, and Related Agencies (Labor-HHS-Education). Within DHHS, TitleX receives its funding through the Health Resources and Services Administration(HRSA) account.

The President’s FY2013 Budget requests $296.838 million for Title X, 1% morethan the FY2012 funding level. The Senate-reported FY2013Labor-HHS-Education Appropriations bill, S. 3295, would provide $293.870million. FY2012 funding for Title X is $293.870 million, 2% less than theFY2011 funding level of $299.400 million. The Consolidated Appropriations Act,2012 (P.L. 112-74) continues previous years’ requirements that Title Xfunds not be spent on abortions, that all pregnancy counseling benondirective, and that funds not be spent on promoting or opposing anylegislative proposal or candidate for public office. Grantees continue to berequired to certify that they encourage “family participation” when minorsseek family planning services, and certify that they counsel minors on howto resist attempted coercion into sexual activity. The law also clarifiesthat family planning providers are not exempt from state notification andreporting laws on child abuse, child molestation, sexual abuse, rape, orincest.

The law (42 U.S.C. §300a-6) prohibits the use of Title X funds in programswhere abortion is a method of family planning. According to OPA, familyplanning projects that receive Title X funds are closely monitored toensure that federal funds are used appropriately and that funds are not usedfor prohibited activities such as abortion. The prohibition on abortion doesnot apply to all the activities of a Title X grantee, but only toactivities that are part of the Title X project. A grantee’s abortionactivities must be “separate and distinct” from the Title X project activities.

Several bills addressing Title X have been introduced in the 112th Congress.H.R. 217 and S. 96 would prohibit Title X grants to abortion-performingentities. H.R. 408 and S. 178 would eliminate the Title X program. H.R.1099 would prohibit federal spending on any family planning activity. H.R.1135, H.R. 1167, and S. 1904 would require an overall spending limit on meanstested welfareprograms, defined to include family planning. S. 814 would require online disclosureof audits conducted under Title X on any entity receiving Title X funds. H.R.5650 would prohibit Title X grantees and contractors from discriminatingagainst a health care entity on the basis of whether it separatelyprovides or refers for abortions, provides employees coverage ofabortions, or provides or requires training in performing abortions. H.R. 1would have eliminated funding for Title X for FY2011. H.R. 1 andH.Con.Res. 36 would have restricted federal funding to the PlannedParenthood Federation of America (PPFA) and its affiliates for FY2011. TheHouse-introduced FY2012 Labor-HHS-Education Appropriations bill, H.R. 3070, wouldhave prohibited the bill’s funds from being used for Title X. H.R. 3070 wouldhave also restricted the bill’s funding to PPFA and its affiliates unlessthey certify that the organization will not perform abortions.


Date of Report: June 18, 2012
Number of Pages: 27
Order Number: RL33644
Price: $29.95

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