Authorizing

Attachment A - 1

ATTACHMENT A
Authorizing Title X Program Regulations
(Title X Statute and Regulations)

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TITLE X - POPULATION RESEARCH AND VOLUNTARY
FAMILY PLANNING PROGRAMS
PROJECT GRANTS AND CONTRACTS FOR FAMILY PLANNING SERVICES
SEC. 1001 [300]
(a)The Secretary is authorized to make grants to and enter into contracts with public or nonprofit
private entities to assist in the establishment and operation of voluntary family planning projects which shall
offer a broad range of acceptable and effective family planning methods and services (including natural
family planning methods, infertility services, and services for adolescents). To the extent practicable, entities
which receive grants or contracts under this subsection shall encourage family 1 participation in projects
assisted under this subsection.
(b)In making grants and contracts under this section the Secretary shall take into account the number
of patients to be served, the extent to which family planning services are needed locally, the relative need
of the applicant, and its capacity to make rapid and effective use of such assistance. Local and regional
entities shall be assured the right to apply for direct grants and contracts under this section, and the
Secretary shall by regulation fully provide for and protect such right.
(c)The Secretary, at the request of a recipient of a grant under subsection (a), may reduce the amount
of such grant by the fair market value of any supplies or equipment furnished the grant recipient by the
Secretary. The amount by which any such grant is so reduced shall be available for payment by the
Secretary of the costs incurred in furnishing the supplies or equipment on which the reduction of such grant
is based. Such amount shall be deemed as part of the grant and shall be deemed to have been paid to the
grant recipient.
(d)For the purpose of making grants and contracts under this section, there are authorized to be
appropriated $30,000,000 for the fiscal year ending June 30, 1971; $60,000,000 for the fiscal year ending
June 30, 1972; $111,500,000 for the fiscal year ending June 30, 1973, $111,500,000 each for the fiscal
years ending June 30, 1974, and June 30, 1975; $115,000,000 for fiscal year 1976;
$115,000,000 for the fiscal year ending September 30, 1977;
$136,400,000 for the fiscal year ending September 30, 1978;
$200,000,000 for the fiscal year ending September 30, 1979;
$230,000,000 for the fiscal year ending September 30, 1980;
$264,500,000 for the fiscal year ending September 30, 1981;
$126,510,000 for the fiscal year ending September 30, 1982;
$139,200,000 for the fiscal year ending September 30, 1983;
$150,030,000 for the fiscal year ending September 30, 1984; and
$158,400,000 for the fiscal year ending September 30, 1985.
1

So in law. See section 931(b)(I) of Public Law 97-35 (95 Stat. 570). Probably should be “family”.

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FORMULA GRANTS TO STATES FOR FAMILY PLANNING SERVICES
SEC. 1002 [300a]
(a)The Secretary is authorized to make grants, from allotments made under subsection (b), to State
health authorities to assist in planning, establishing, maintaining, coordinating, and evaluating family planning
services. No grant may be made to a State health authority under this section unless such authority has
submitted, and had approved by the Secretary, a State plan for a coordinated and comprehensive program
of family planning services.
(b)The sums appropriated to carry out the provisions of this section shall be allotted to the States by
the Secretary on the basis of the population and the financial need of the respective States.
(c)For the purposes of this section, the term ''State'' includes the Commonwealth of Puerto Rico, the
Northern Mariana Islands, Guam, American Samoa, the Virgin Islands, the District of Columbia, and the
Trust Territory of the Pacific Islands.
(d)For the purpose of making grants under this section, there are authorized to be appropriated
$10,000,000 for the fiscal year ending June 30, 1971; $15,000,000 for the fiscal year ending June 30,
1972; and $20,000,000 for the fiscal year ending June 30, 1973.

TRAINING GRANTS AND CONTRACTS; AUTHORIZATION OF APPROPRIATIONS
SEC. 1003 [300a-1]
(a) The Secretary is authorized to make grants to public or nonprofit private entities and to enter into
contracts with public or private entities and individuals to provide the training for personnel to carry out
family planning service programs described in section 1001 or 1002 of this title.
(b) For the purpose of making payments pursuant to grants and contracts under this section, there are
authorized to be appropriated $2,000,000 for the fiscal year ending June 30, 1971; $3,000,000 for the
fiscal year ending June 30, 1972; $4,000,000 for the fiscal year ending June 30, 1973; $3,000,000 each
for the fiscal years ending June 30, 1974 and June 30, 1975; $4,000,000 for fiscal year ending 1976;
$5,000,000 for the fiscal year ending September 30, 1977; $3,000,000 for the fiscal year ending
September 30, 1978; $3,100,000 for the fiscal year ending September 30, 1979; $3,600,000 for the fiscal
year ending September 30, 1980; $4,100,000 for the fiscal year ending September 30, 1981; $2,920,000
for the fiscal year ending September 30, 1982; $3,200,000 for the fiscal year ending September 30, 1983;
$3,500,000 for the fiscal year ending September 30, 1984; and $3,500,000 for the fiscal year ending
September 30, 1985.

RESEARCH
SEC. 1004 [300a-2]
The Secretary may (1) conduct, and
(2) make grants to public or nonprofit private entities and enter into contracts with public or private
entities and individuals for projects for, research in the biomedical, contraceptive development, behavioral,
and program implementation fields related to family planning and population.

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INFORMATIONAL AND EDUCATIONAL MATERIALS
SEC. 1005 [300a-3]
(a) The Secretary is authorized to make grants to public or nonprofit private entities and to enter into
contracts with public or private entities and individuals to assist in developing and making available family
planning and population growth information (including educational materials) to all persons desiring such
information (or materials).
(b) For the purpose of making payments pursuant to grants and contracts under this section, there are
authorized to be appropriated $750,000 for the fiscal year ending June 30, 1971; $1,000,000 for the fiscal
year ending June 30, 1972; $1,250,000 for the fiscal year ending June 30, 1973; $909,000 each for the
fiscal years ending June 30, 1974, and June 30, 1975; $2,000,000 for fiscal year 1976; $2,500,000 for
the fiscal year ending September 30, 1977; $600,000 for the fiscal year ending September 30, 1978;
$700,000 for the fiscal year ending September 30, 1979; $805,000 for the fiscal year ending September
30, 1980; $926,000 for the fiscal year ending September 30, 1981; $570,000 for the fiscal year ending
September 30, 1982; $600,000 for the fiscal year ending September 30, 1983; $670,000 for the fiscal
year ending September 30, 1984; and $700,000 for the fiscal year ending September 30, 1985.

REGULATIONS AND PAYMENTS
SEC. 1006 [300a-4]
(a)Grants and contracts made under this subchapter shall be made in accordance with such regulations
as the Secretary may promulgate. The amount of any grant under any section of this title shall be determined
by the Secretary; except that no grant under any such section for any program or project for a fiscal year
beginning after June 30, 1975, may be made for less than 90 per centum of its costs (as determined under
regulations of the Secretary) unless the grant is to be made for a program or project for which a grant was
made (under the same section) for the fiscal year ending June 30, 1975, for less than 90 per centum of its
costs (as so determined), in which case a grant under such section for that program or project for a fiscal
year beginning after that date may be made for a percentage which shall not be less than the percentage
of its costs for which the fiscal year 1975 grant was made.
(b)Grants under this title shall be payable in such installments and subject to such conditions as the
Secretary may determine to be appropriate to assure that such grants will be effectively utilized for the
purposes for which made.
(c)A grant may be made or contract entered into under section 1001 or 1002 for a family planning
service project or program only upon assurances satisfactory to the Secretary that-(1) priority will be given in such project or program to the furnishing of such services to persons
from low-income families; and
(2) no charge will be made in such project or program for services provided to any person from
a low-income family except to the extent that payment will be made by a third party (including a
government agency) which is authorized or is under legal obligation to pay such charge.
For purposes of this subsection, the term ''low-income family'' shall be defined by the Secretary in

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accordance with such criteria as he may prescribe so as to insure that economic status shall not be a
deterrent to participation in the programs assisted under this title.
(d)(1) A grant may be made or a contract entered into under section 1001 or 1005 only upon
assurances satisfactory to the Secretary that informational or educational materials developed or made
available under the grant or contract will be suitable for the purposes of this title and for the population or
community to which they are to be made available, taking into account the educational and cultural
background of the individuals to whom such materials are addressed and the standards of such population
or community with respect to such materials.
(2) In the case of any grant or contract under section 1001, such assurances shall provide for the
review and approval of the suitability of such materials, prior to their distribution, by an advisory committee
established by the grantee or contractor in accordance with the Secretary's regulations. Such a committee
shall include individuals broadly representative of the population or community to which the materials are
to be made available.

VOLUNTARY PARTICIPATION
SEC. 1007 [300a-5]
The acceptance by any individual of family planning services or family planning or population growth
information (including educational materials) provided through financial assistance under this title (whether
by grant or contract) shall be voluntary and shall not be a prerequisite to eligibility for or receipt of any other
service or assistance from, or to participation in, any other program of the entity or individual that provided
such service or information.

PROHIBITION OF ABORTION
1

SEC. 1008 [300a-6]
None of the funds appropriated under this title shall be used in programs where abortion is a method of
family planning.

1

Section 1009 was repealed by section 601(a)(1)(G) of Public Law 105-362 (112 Stat. 3285).

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Regulation Authorizing Collection of Information
45CFR 74.51(b) and 92.40(1)
45 CFR §74.51 Monitoring and reporting program performance.
(b) The HHS awarding agency will prescribe the frequency with which the performance
reports shall be submitted. Except as provided in paragraph (f) of this section,
performance reports will not be required more frequently than quarterly or, less
frequently than annually. Annual reports shall be due 90 calendar days after the award
year; quarterly or semi-annual reports shall be due 30 days after the reporting period. The
HHS awarding agency may require annual reports before the anniversary dates of
multiple year awards in lieu of these requirements. The final performance reports
are due 90 calendar days after the expiration or termination of the award.
45 CFR § 92.40 Monitoring and reporting program performance.
(1) Grantees shall submit annual performance reports unless the awarding agency
requires quarterly or semi-annual reports. However, performance reports will not be
required more frequently than quarterly. Annual reports shall be due 90 days after the
grant year, quarterly or semi-annual reports shall be due 30 days after the reporting
period. The final performance report will be due 90 days after the expiration or
termination of grant support. If a justified request is submitted by a grantee, the Federal
agency may extend the due date for any performance report. Additionally, requirements
for unnecessary performance reports may be waived by the Federal agency.