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. 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 is $293.870 million, 2% less than the FY2011
funding level of $299.400 million. The Consolidated Appropriations
Act, 2012 (P.L. 112-74) continues 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 continue 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
clarifies 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 $296.838 million for Title X, 1% more than the FY2012
funding level. The Senate-reported FY2013 Labor-HHS-Education
Appropriations bill, S. 3295, would provide $293.870 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.
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. 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-performing entities. 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 means tested
welfare programs, defined to include family planning. S. 814 would
require online disclosure of audits conducted under Title X on any
entity receiving Title X funds. H.R. 5650 would prohibit Title X
grantees and contractors from discriminating against a health care
entity on the basis of whether it separately provides or refers for
abortions, provides employees coverage of abortions, or provides or
requires training in performing abortions. H.R. 1 would have
eliminated funding for Title X for FY2011. H.R. 1 and H.Con.Res. 36
would have restricted federal funding to the Planned Parenthood
Federation of America (PPFA) and its affiliates for FY2011. The
House-introduced FY2012 Labor-HHS-Education Appropriations bill,
H.R. 3070, would have prohibited the bill's funds from being used
for Title X. H.R. 3070 would have also restricted the bill's
funding to PPFA and its affiliates unless they certify that the
organization will not perform abortions.
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