Angela Napili
Information Research Specialist
The federal government provides grants for voluntary family planning services through the Family Planning Program, Title X of the Public Health Service Act (42 U.S.C. §§300 to 300a-6). Enacted in 1970, it is the only domestic federal program devoted solely to family planning and related preventive health services. In 2011, Title X-funded clinics served more than 5 million clients.
Title X is administered through the Office of Population Affairs (OPA) in the Department of Health and Human Services (HHS). Although the authorization of appropriations for Title X ended with FY1985, funding for the program has continued through appropriations bills for the Departments of Labor, Health and Human Services, and Education, and Related Agencies (Labor- HHS-Education).
FY2012 funding for Title X was $294 million, 2% less than the FY2011 funding level of $299 million. The Consolidated Appropriations Act, 2012 (P.L. 112-74) continued previous years’ requirements that Title X funds not be spent on abortions, that all pregnancy counseling be nondirective, and that funds not be spent on promoting or opposing any legislative proposal or candidate for public office. Grantees continued to be required to certify that they encourage “family participation” when minors seek family planning services, and certify that they counsel minors on how to resist attempted coercion into sexual activity. The law also clarified that family planning providers are not exempt from state notification and reporting laws on child abuse, child molestation, sexual abuse, rape, or incest.
The President’s FY2013 Budget requests $297 million for Title X, 1% more than the FY2012 funding level. The Senate-reported FY2013 Labor-HHS-Education Appropriations bill would provide $294 million. The draft appropriations bill approved by the House Appropriations Subcommittee on Labor, Health and Human Services, Education, and Related Agencies would provide zero funding for Title X in FY2013. Continuing Appropriations Resolution, 2013 (P.L. 112-175) funds Title X through March 27, 2013, under the same authority and conditions as in FY2012, at an annualized level of $297 million (though the amount may change depending on various factors, such as potential sequestration).
The law (42 U.S.C. §300a-6) prohibits the use of Title X funds in programs where abortion is a method of family planning. According to OPA, family planning projects that receive Title X funds are closely monitored to ensure that federal funds are used appropriately and that funds are not used for prohibited activities such as abortion. The prohibition on abortion does not apply to all the activities of a Title X grantee, but only to activities that are part of the Title X project. A grantee’s abortion activities must be “separate and distinct” from the Title X project activities.
Two bills addressing Title X have been introduced in the 113th Congress. H.R. 61 and H.R. 217 would prohibit Title X grants to entities that perform abortions, with exceptions for rape, incest, and certain physician-certified cases where the woman is “in danger of death unless an abortion is performed.”
Date of Report: January 23, 2013
Number of Pages: 28
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