Attachment A Regulations

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Stat. 1301, authorized Secretary to establish rules and
regulations covering terms of approval of grant applications and coordination of programs.
Section 299g, act July 1, 1944, ch. 373, title IX, § 907, as
added Oct. 6, 1965, Pub. L. 89–239, § 2, 79 Stat. 930;
amended Oct. 30, 1970, Pub. L. 91–515, title I, §§ 108,
111(b), 84 Stat. 1300, 1301, directed Secretary to compile
a list of facilities equipped and staffed to provide most
advanced methods for diagnosing and treating certain
diseases and illnesses.
Section 299h, act July 1, 1944, ch. 373, title IX, § 908, as
added Oct. 6, 1965, Pub. L. 89–239, § 2, 79 Stat. 930, called
for a report to the President and the Congress on or before June 30, 1967, by Surgeon General concerning activities under this subchapter with required statements, appraisals, and recommendations.
Section 299i, act July 1, 1944, ch. 373, title IX, § 909, as
added Oct. 6, 1965, Pub. L. 89–239, § 2, 79 Stat. 930;
amended Oct. 30, 1970, Pub. L. 91–515, title I, §§ 109,
111(b), 84 Stat. 1300, 1301; Oct. 17, 1979, Pub. L. 96–88,
title V, § 509(b), 93 Stat. 695, provided for recordkeeping
by grant recipients and for accessibility of records for
audit and examination.
Section 299j, act July 1, 1944, ch. 373, title IX, § 910, as
added Oct. 15, 1968, Pub. L. 90–574, title I, § 106, 82 Stat.
1005; amended Oct. 30, 1970, Pub. L. 91–515, title I, § 110,
84 Stat. 1300, related to grants and contracts for multiprogram services, costs of special projects, and support
of research, studies, investigations, training, and demonstrations.
AMENDMENTS
2010—Par. (1). Pub. L. 111–148, § 3013(a)(3), made technical amendment to reference in original act which appears in text as reference to section 299c of this title,
requiring no change in text.
2005—Par. (1). Pub. L. 109–41, § 2(a)(4), made technical
amendment to reference in original act which appears
in text as reference to section 299c of this title, requiring no change in text.

SUBCHAPTER
VIII—POPULATION
RESEARCH AND VOLUNTARY FAMILY PLANNING PROGRAMS
§ 300. Project grants and contracts for family
planning services
(a) Authority of Secretary
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 practical, entities which receive grants or contracts under this
subsection shall encourage familiy 1 participation in projects assisted under this subsection.
(b) Factors determining awards; establishment
and preservation of rights of local and regional entities
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
1 So

in original. Probably should be ‘‘family’’.

§ 300

shall by regulation fully provide for and protect
such right.
(c) Reduction of grant amount
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) Authorization of appropriations
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; $150,830,000 for the fiscal year
ending September 30, 1984; and $158,400,000 for
the fiscal year ending September 30, 1985.
(July 1, 1944, ch. 373, title X, § 1001, as added Pub.
L. 91–572, § 6(c), Dec. 24, 1970, 84 Stat. 1506;
amended Pub. L. 92–449, title III, § 301, Sept. 30,
1972, 86 Stat. 754; Pub. L. 93–45, title I, § 111(a),
June 18, 1973, 87 Stat. 93; Pub. L. 94–63, title II,
§§ 202(a), 204(a), (b), title VII, § 701(d), July 29,
1975, 89 Stat. 306–308, 352; Pub. L. 95–83, title III,
§ 305(a), Aug. 1, 1977, 91 Stat. 388; Pub. L. 95–613,
§ 1(a)(1), (b)(1), Nov. 8, 1978, 92 Stat. 3093; Pub. L
97–35, title IX, § 931(a)(1), (b)(1), Aug. 13, 1981, 95
Stat. 570; Pub. L. 97–414, §§ 8(n), 9(a), Jan. 4, 1983,
96 Stat. 2061, 2064; Pub. L. 98–512, § 3(a), Oct. 19,
1984, 98 Stat. 2409; Pub. L. 98–555, § 9, Oct. 30, 1984,
98 Stat. 2857.)
Editorial Notes
AMENDMENTS
1984—Subsec. (c). Pub. L. 98–555 added subsec. (c).
Former subsec. (c) redesignated (d).
Pub. L. 98–512 inserted provisions authorizing appropriations for the fiscal year ending Sept. 30, 1985.
Subsec. (d). Pub. L. 98–555 redesignated former subsec.
(c) as (d).
1983—Subsec. (c). Pub. L. 97–414, § 8(n), substituted a
semicolon for a comma after ‘‘1981’’.
Pub. L. 97–414, § 9(a), amended directory language of
Pub. L. 97–35, § 931(a)(1), to correct a typographical
error and did not involve any change in text. See 1981
Amendment note below.
1981—Subsec. (a). Pub. L. 97–35, § 931(b)(1), inserted
provisions relating to family participation in projects.
Subsec. (c). Pub. L. 97–35, § 931(a)(1), as amended by
Pub. L. 97–414, § 9(a), inserted provisions authorizing appropriations for fiscal years ending Sept. 30, 1982, 1983,
and 1984.

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1978—Subsec. (a). Pub. L. 95–613, § 1(a)(1), inserted provisions relating to infertility services and services for
adolescents.
Subsec. (c). Pub. L. 95–613, § 1(b)(1), inserted provisions authorizing appropriations for fiscal years ending
Sept. 30, 1979, 1980, and 1981.
1977—Subsec. (c). Pub. L. 95–83 substituted provision
authorizing appropriations for fiscal years ending Sept.
30, 1977 and 1978, for prior such authorization for fiscal
year 1977.
1975—Subsec. (a). Pub. L. 94–63, § 204(a), inserted provision relating to scope of family planning projects to
be offered.
Subsec. (b). Pub. L. 94–63, § 204(b), inserted provision
relating to direct grants and contracts for local and regional entities.
Subsec. (c). Pub. L. 94–63, §§ 202(a), 701(d), inserted
provisions authorizing appropriations for fiscal years
ending June 30, 1975, 1976, and 1977.
1973—Subsec. (c). Pub. L. 93–45 inserted provisions authorizing appropriations for fiscal year ending June 30,
1974.
1972—Subsec. (c). Pub. L. 92–449 increased appropriations authorization for fiscal year ending June 30, 1973,
to $111,500,000 from $90,000,000.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1975 AMENDMENT
Amendment by sections 202(a) and 204(a), (b) of Pub.
L. 94–63 effective July 1, 1975, see section 608 of Pub. L.
94–63, set out as a note under section 247b of this title.
STUDY AS TO DISCRIMINATION BY SCHOOLS OF MEDICINE, NURSING, OR OSTEOPATHY AGAINST APPLICANTS
BECAUSE OF RELUCTANCE OR WILLINGNESS TO PARTICIPATE IN ABORTIONS OR STERILIZATIONS; REPORT
NOT LATER THAN FEBRUARY 1, 1978
Pub. L. 95–215, § 7, Dec. 19, 1977, 91 Stat. 1507, required
Secretary of Health, Education, and Welfare to conduct
a study and report to specific committees of Congress
not later than Feb. 1, 1978, as to whether schools of
medicine, nursing, or osteopathy discriminate against
applicants because of applicant’s reluctance or unwillingness to participate in performance of abortions or
sterilizations contrary to religious beliefs or moral
convictions.
CONGRESSIONAL DECLARATION OF PURPOSE
Pub. L. 91–572, § 2, Dec. 24, 1970, 84 Stat. 1504, provided
that: ‘‘It is the purpose of this Act [see Short Title of
1970 Amendment note set out under section 201 of this
title]—
‘‘(1) to assist in making comprehensive voluntary
family planning services readily available to all persons desiring such services;
‘‘(2) to coordinate domestic population and family
planning research with the present and future needs
of family planning programs;
‘‘(3) to improve administrative and operational supervision of domestic family planning services and of
population research programs related to such services;
‘‘(4) to enable public and nonprofit private entities
to plan and develop comprehensive programs of family planning services;
‘‘(5) to develop and make readily available information (including educational materials) on family
planning and population growth to all persons desiring such information;
‘‘(6) to evaluate and improve the effectiveness of
family planning service programs and of population
research;
‘‘(7) to assist in providing trained manpower needed
to effectively carry out programs of population research and family planning services; and
‘‘(8) to establish an Office of Population Affairs in
the Department of Health, Education, and Welfare as
a primary focus within the Federal Government on

Page 1140

matters pertaining to population research and family
planning, through which the Secretary of Health,
Education, and Welfare [now Health and Human Services] (hereafter in this Act referred to as the ‘Secretary’) shall carry out the purposes of this Act.’’
Executive Documents
EX. ORD. NO. 14076. PROTECTING ACCESS TO
REPRODUCTIVE HEALTHCARE SERVICES
Ex. Ord. No. 14076, July 8, 2022, 87 F.R. 42053, provided:
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, it is hereby ordered as follows:
SECTION 1. Policy. Nearly 50 years ago, Roe v. Wade,
410 U.S. 113 (1973), articulated the United States Constitution’s protection of women’s fundamental right to
make reproductive healthcare decisions. These deeply
private decisions should not be subject to government
interference. Yet today, fundamental rights—to privacy, autonomy, freedom, and equality—have been denied to millions of women across the country.
Eliminating the right recognized in Roe has already
had and will continue to have devastating implications
for women’s health and public health more broadly. Access to reproductive healthcare services is now threatened for millions of Americans, and especially for those
who live in States that are banning or severely restricting abortion care. Women’s health clinics are
being forced to close—including clinics that offer other
preventive healthcare services such as contraception—
leaving many communities without access to critical
reproductive healthcare services. Women seeking abortion care—especially those in low-income, rural, and
other underserved communities—now have to travel to
jurisdictions where services remain legal notwithstanding the cost or risks.
In the face of this health crisis, the Federal Government is taking action to protect healthcare service delivery and promote access to critical reproductive
healthcare services, including abortion. It remains the
policy of my Administration to support women’s right
to choose and to protect and defend reproductive
rights. Doing so is essential to justice, equality, and
our health, safety, and progress as a Nation.
SEC. 2. Definitions. (a) The term ‘‘agency’’ means any
authority of the United States that is an ‘‘agency’’
under 44 U.S.C. 3502(1), other than one considered to be
an independent regulatory agency, as defined in 44
U.S.C. 3502(5).
(b) The term ‘‘reproductive healthcare services’’
means medical, surgical, counseling, or referral services relating to the human reproductive system, including services relating to pregnancy or the termination
of a pregnancy.
SEC. 3. Protecting Access to Reproductive Healthcare
Services. (a) Within 30 days of the date of this order
[July 8, 2022], the Secretary of Health and Human Services shall submit a report to the President:
(i) identifying potential actions:
(A) to protect and expand access to abortion care,
including medication abortion; and
(B) to otherwise protect and expand access to the
full range of reproductive healthcare services, including actions to enhance family planning services such
as access to emergency contraception;
(ii) identifying ways to increase outreach and education about access to reproductive healthcare services, including by launching a public awareness initiative to provide timely and accurate information about
such access, which shall:
(A) share information about how to obtain free or
reduced cost reproductive healthcare services
through Health Resources and Services Administration-Funded Health Centers, Title X clinics, and
other providers; and
(B) include promoting awareness of and access to
the full range of contraceptive services, as well as
know-your-rights information for those seeking or
providing reproductive healthcare services; and

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

(iii) identifying steps to ensure that all patients—including pregnant women and those experiencing pregnancy loss, such as miscarriages and ectopic pregnancies—receive the full protections for emergency
medical care afforded under the law, including by considering updates to current guidance on obligations
specific to emergency conditions and stabilizing care
under the Emergency Medical Treatment and Labor
Act, 42 U.S.C. 1395dd, and providing data from the Department of Health and Human Services concerning
implementation of these efforts.
(b) To promote access to reproductive healthcare
services, the Attorney General and the Counsel to the
President shall convene a meeting of private pro bono
attorneys, bar associations, and public interest organizations in order to encourage lawyers to represent and
assist patients, providers, and third parties lawfully
seeking these services throughout the country.
SEC. 4. Protecting Privacy, Safety, and Security. (a) To
address potential heightened safety and security risks
related to the provision of reproductive healthcare
services, the Attorney General and the Secretary of
Homeland Security shall consider actions, as appropriate and consistent with applicable law, to ensure the
safety of patients, providers, and third parties, and to
protect the security of clinics (including mobile clinics), pharmacies, and other entities providing, dispensing, or delivering reproductive and related
healthcare services.
(b) To address the potential threat to patient privacy
caused by the transfer and sale of sensitive health-related data and by digital surveillance related to reproductive healthcare services, and to protect people seeking reproductive health services from fraudulent
schemes or deceptive practices:
(i) The Chair of the Federal Trade Commission (FTC)
is encouraged to consider actions, as appropriate and
consistent with applicable law (including the Federal
Trade Commission Act, 15 U.S.C. 41 et seq.), to protect
consumers’ privacy when seeking information about
and provision of reproductive healthcare services.
(ii) The Secretary of Health and Human Services
shall consider actions, including providing guidance
under the Health Insurance Portability and Accountability Act [of 1996], Public Law 104–191, 110 Stat. 1936
(1996) as amended by Public Law 111–5, 123 Stat. 115
(2009), and any other statutes as appropriate, to
strengthen the protection of sensitive information related to reproductive healthcare services and bolster
patient-provider confidentiality.
(iii) The Secretary of Health and Human Services
shall, in consultation with the Attorney General, consider actions to educate consumers on how best to protect their health privacy and limit the collection and
sharing of their sensitive health-related information.
(iv) The Secretary of Health and Human Services
shall, in consultation with the Attorney General and
the Chair of the FTC, consider options to address deceptive or fraudulent practices related to reproductive
healthcare services, including online, and to protect access to accurate information.
SEC. 5. Coordinating Implementation Efforts. (a) The
Secretary of Health and Human Services and the Director of the Gender Policy Council shall establish and cochair an Interagency Task Force on Reproductive
Healthcare Access (Task Force). Additional members
shall include the Attorney General and the heads of
other agencies as determined by the Secretary of
Health and Human Services and the Director of the
Gender Policy Council. The Task Force shall work to
identify and coordinate activities to protect and
strengthen access to essential reproductive healthcare
services. In addition, the Task Force shall coordinate
Federal interagency policymaking, program development, and outreach efforts to address barriers that individuals and entities may face in seeking and providing reproductive healthcare services. The Department of Health and Human Services shall provide funding and administrative support as may be necessary for
the performance and functions of the Task Force.

§ 300

(b) The Attorney General shall provide technical assistance, as appropriate and consistent with applicable
law, concerning Federal constitutional protections to
States seeking to afford legal protection to out-ofState patients and providers who offer legal reproductive healthcare.
SEC. 6. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create
any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the
United States, its departments, agencies, or entities,
its officers, employees, or agents, or any other person.
J.R. BIDEN, JR.
EX. ORD. NO. 14079. SECURING ACCESS TO REPRODUCTIVE
AND OTHER HEALTHCARE SERVICES
Ex. Ord. No. 14079, Aug. 3, 2022, 87 F.R. 49505, provided:
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, it is hereby ordered as follows:
SECTION 1. Policy. On July 8, 2022, following a decision
by the Supreme Court to overrule Roe v. Wade, 410 U.S.
113 (1973), I signed Executive Order 14076 (Protecting
Access to Reproductive Healthcare Services) [set out
above]. As that order recognized, eliminating the right
recognized in Roe has had and will continue to have
devastating implications for women’s health and public
health more broadly.
Following that order, the Department of Health and
Human Services (HHS) has taken critical steps to address those effects. These steps include clarifying the
obligation of hospitals and providers under the Emergency Medical Treatment and Labor Act, 42 U.S.C.
1395dd, to provide to patients presenting at an emergency department with an emergency medical condition stabilizing care, including an abortion, if that care
is necessary to stabilize their emergency medical condition, and issuing guidance to the Nation’s retail pharmacies on their obligations under Federal civil rights
laws—including section 504 of the Rehabilitation Act
[of 1973], 29 U.S.C. 794, and section 1557 of the [Patient
Protection and] Affordable Care Act, 42 U.S.C. 18116—to
ensure equal access to comprehensive reproductive and
other healthcare services, including for women who are
experiencing miscarriages.
However, the continued advancement of restrictive
abortion laws in States across the country has created
legal uncertainty and disparate access to reproductive
healthcare services depending on where a person lives,
putting patients, providers, and third parties at risk
and fueling confusion for hospitals and healthcare providers, including pharmacies. There have been numerous reports of women denied health- and life-saving
emergency care, as providers fearful of legal reprisal
delay necessary treatment for patients until their conditions worsen to dangerous levels. There are also reports of women of reproductive age being denied prescription medication at pharmacies—including medication that is used to treat stomach ulcers, lupus, arthritis, and cancer—due to concerns that these medications, some of which can be used in medication abortions, could be used to terminate a pregnancy. Reportedly, a healthcare provider, citing a State law restricting abortion, even temporarily stopped providing emergency contraception.
As it remains the policy of my Administration to
support women’s access to reproductive healthcare
services, including their ability to travel to seek abortion care in States where it is legal, I am directing my
Administration to take further action to protect access

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

to reproductive healthcare services and to address the
crisis facing women’s health and public health more
broadly.
SEC. 2. Definition. The term ‘‘reproductive healthcare
services’’ means medical, surgical, counseling, or referral services relating to the human reproductive system,
including services relating to pregnancy or the termination of a pregnancy.
SEC. 3. Advancing the Ability to Obtain Reproductive
Healthcare Services. In furtherance of the policy set
forth in section 1 of this order, the Secretary of HHS
shall consider actions to advance access to reproductive healthcare services, including, to the extent permitted by Federal law, through Medicaid for patients
traveling across State lines for medical care.
SEC. 4. Promoting Compliance with Non-Discrimination
Law in Obtaining Medical Care. In furtherance of the
policy set forth in section 1 of this order, and to ensure
that individuals are not denied necessary healthcare on
the basis of any ground protected by Federal law, including current pregnancy, past pregnancy, potential
or intended pregnancy, or other medical conditions, the
Secretary of HHS shall consider all appropriate actions
to advance the prompt understanding of and compliance with Federal non-discrimination laws by
healthcare providers that receive Federal financial assistance. Such actions may include:
(a) providing technical assistance for healthcare providers that have questions concerning their obligations
under Federal non-discrimination laws;
(b) convening healthcare providers to provide information on their obligations under Federal non-discrimination laws and the potential consequences of
non-compliance; and
(c) issuing additional guidance, or taking other action as appropriate, in response to any complaints or
other reports of non-compliance with Federal non-discrimination laws.
SEC. 5. Data Collection. The Secretary of HHS shall
evaluate the adequacy of research, data collection, and
data analysis and interpretation efforts at the National
Institutes of Health, the Centers for Disease Control
and Prevention, and other relevant HHS components in
accurately measuring the effect of access to reproductive healthcare on maternal health outcomes and other
health outcomes. Following that evaluation, the Secretary shall take appropriate actions to improve those
efforts.
SEC. 6. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create
any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the
United States, its departments, agencies, or entities,
its officers, employees, or agents, or any other person.
J.R. BIDEN, JR.
THE TITLE X ‘‘GAG RULE’’
Memorandum of President of the United States, Jan.
22, 1993, 58 F.R. 7455, provided:
Memorandum for the Secretary of Health and Human
Services
Title X of the Public Health Services Act [42 U.S.C.
300 et seq.] provides Federal funding for family planning clinics to provide services for low-income patients. The Act specifies that Title X funds may not be
used for the performance of abortions, but places no restrictions on the ability of clinics that receive Title X
funds to provide abortion counseling and referrals or to
perform abortions using non-Title X funds. During the
first 18 years of the program, medical professionals at

Page 1142

Title X clinics provided complete, uncensored information, including nondirective abortion counseling. In
February 1988, the Department of Health and Human
Services adopted regulations, which have become
known as the ‘‘Gag Rule,’’ prohibiting Title X recipients from providing their patients with information,
counseling, or referrals concerning abortion. Subsequent attempts by the Bush Administration to modify
the Gag Rule and ensuing litigation have created confusion and uncertainty about the current legal status
of the regulations.
The Gag Rule endangers women’s lives and health by
preventing them from receiving complete and accurate
medical information and interferes with the doctor-patient relationship by prohibiting information that medical professionals are otherwise ethically and legally
required to provide to their patients. Furthermore, the
Gag Rule contravenes the clear intent of a majority of
the members of both the United States Senate and
House of Representatives, which twice passed legislation to block the Gag Rule’s enforcement but failed to
override Presidential vetoes.
For these reasons, you have informed me that you
will suspend the Gag Rule pending the promulgation of
new regulations in accordance with the ‘‘notice and
comment’’ procedures of the Administrative Procedure
Act [5 U.S.C. 551 et seq.]. I hereby direct you to take
that action as soon as possible. I further direct that,
within 30 days, you publish in the Federal Register new
proposed regulations for public comment.
You are hereby authorized and directed to publish
this memorandum in the Federal Register.
WILLIAM J. CLINTON.
PROTECTING WOMEN’S HEALTH AT HOME AND ABROAD
Memorandum of President of the United States, Jan.
28, 2021, 86 F.R. 33077, provided:
Memorandum for the Secretary of State[,] the Secretary of Defense[,] the Secretary of Health and Human
Services[, and] the Administrator of the United States
Agency for International Development
SECTION 1. Policy. Women should have access to the
healthcare they need. For too many women today, both
at home and abroad, that is not possible. Undue restrictions on the use of Federal funds have made it harder
for women to obtain necessary healthcare. The Federal
Government must take action to ensure that women at
home and around the world are able to access complete
medical information, including with respect to their reproductive health.
In the United States, Title X of the Public Health
Services [sic] Act (42 U.S.C. 300 to 300a–6) provides Federal funding for family planning services that primarily benefit low-income patients. The Act specifies
that Title X funds may not be used in programs where
abortion is a method of family planning, but places no
further abortion-related restrictions on recipients of
Title X funds. See 42 U.S.C. 300a–6. In 2019, the Secretary of Health and Human Services finalized changes
to regulations governing the Title X program and
issued a final rule entitled ‘‘Compliance With Statutory Program Integrity Requirements,’’ 84 FR 7714
(Mar. 4, 2019) (Title X Rule), which prohibits recipients
of Title X funds from referring patients to abortion
providers and imposes other onerous requirements on
abortion providers. The Title X Rule has caused the
termination of Federal family planning funding for
many women’s healthcare providers and puts women’s
health at risk by making it harder for women to receive complete medical information.
It is the policy of my Administration to support
women’s and girls’ sexual and reproductive health and
rights in the United States, as well as globally. The
Foreign Assistance Act of 1961 (22 U.S.C. 2151b(f)(1)),
prohibits nongovernmental organizations (NGOs) that
receive Federal funds from using those funds ‘‘to pay
for the performance of abortions as a method of family
planning, or to motivate or coerce any person to practice abortions.’’ The August 1984 announcement by

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

President Reagan of what has become known as the
‘‘Mexico City Policy’’ directed the United States Agency for International Development (USAID) to expand
this limitation and withhold USAID family planning
funds from NGOs that use non-USAID funds to perform
abortions, provide advice, counseling, or information
regarding abortion, or lobby a foreign government to
legalize abortion or make abortion services more easily
available. These restrictions were rescinded by President Clinton in 1993, reinstated by President George W.
Bush in 2001, and rescinded by President Obama in 2009.
President Trump substantially expanded these restrictions by applying the policy to global health assistance
provided by all executive departments and agencies
(agencies). These excessive conditions on foreign and
development assistance undermine the United States’
efforts to advance gender equality globally by restricting our ability to support women’s health and programs that prevent and respond to gender-based violence. The expansion of the policy has also affected all
other areas of global health assistance, limiting the
United States’ ability to work with local partners
around the world and inhibiting their efforts to confront serious health challenges such as HIV/AIDS, tuberculosis, and malaria, among others. Such restrictions on global health assistance are particularly
harmful in light of the coronavirus disease 2019
(COVID–19) pandemic. Accordingly, I hereby order as
follows:
SEC. 2. Agency Revocations and Other Actions. (a) The
Secretary of Health and Human Services shall review
the Title X Rule and any other regulations governing
the Title X program that impose undue restrictions on
the use of Federal funds or women’s access to complete
medical information and shall consider, as soon as
practicable, whether to suspend, revise, or rescind, or
publish for notice and comment proposed rules suspending, revising, or rescinding, those regulations, consistent with applicable law, including the Administrative Procedure Act [see 5 U.S.C. 551 to 559, 701 to 706].
(b) The Presidential Memorandum of January 23, 2017
(The Mexico City Policy) [82 F.R. 8495], is revoked.
(c) The Secretary of State, the Secretary of Defense,
the Secretary of Health and Human Services, the Administrator of USAID, and appropriate officials at all
other agencies involved in foreign assistance shall take
all steps necessary to implement this memorandum, as
appropriate and consistent with applicable law. This
shall include the following actions with respect to conditions in assistance awards that were imposed pursuant to the January 2017 Presidential Memorandum and
that are not required by the Foreign Assistance Act [22
U.S.C. 2151 et seq.] or any other law:
(i) immediately waive such conditions in any current
grants;
(ii) notify current grantees, as soon as possible, that
these conditions have been waived; and
(iii) immediately cease imposing these conditions in
any future assistance awards.
(d) The Secretary of State, the Secretary of Defense,
the Secretary of Health and Human Services, and the
Administrator of USAID, as appropriate and consistent
with applicable law, shall suspend, revise, or rescind
any regulations, orders, guidance documents, policies,
and any other similar agency actions that were issued
pursuant to the January 2017 Presidential Memorandum.
(e) The Secretary of State and the Secretary of
Health and Human Services, in a timely and appropriate manner, shall withdraw co-sponsorship and signature from the Geneva Consensus Declaration (Declaration) and notify other co-sponsors and signatories
to the Declaration and other appropriate parties of the
United States’ withdrawal.
(f) The Secretary of State, consistent with applicable
law and subject to the availability of appropriations,
shall:
(i) take the steps necessary to resume funding to the
United Nations Population Fund; and
(ii) work with the Administrator of USAID and across
United States Government foreign assistance programs

§ 300a

to ensure that adequate funds are being directed to support women’s health needs globally, including sexual
and reproductive health and reproductive rights.
(g) The Secretary of State, in coordination with the
Secretary of Health and Human Services, shall provide
guidance to agencies consistent with this memorandum.
SEC. 3. General Provisions. (a) Nothing in this memorandum shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of
Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This memorandum is not intended to, and does
not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party
against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other
person.
(d) The Secretary of State is authorized and directed
to publish this memorandum in the Federal Register.
J.R. BIDEN, JR.

§ 300a. Formula grants to States for family planning services
(a) Authority of Secretary; prerequisites
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) Factors determining amount of State allotments
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) ‘‘State’’ defined
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) Authorization of appropriations
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.
(July 1, 1944, ch. 373, title X, § 1002, as added Pub.
L. 91–572, § 6(c), Dec. 24, 1970, 84 Stat. 1506;
amended Pub. L. 94–484, title IX, § 905(b)(1), Oct.
12, 1976, 90 Stat. 2325.)
Editorial Notes
AMENDMENTS
1976—Subsec. (c). Pub. L. 94–484 defined ‘‘State’’ to include Northern Mariana Islands.

§ 300a–1

TITLE 42—THE PUBLIC HEALTH AND WELFARE

Statutory Notes and Related Subsidiaries
STUDY OF STATE DELIVERY OF SERVICES; REPORT TO
CONGRESS
Pub. L. 97–35, title IX, § 931(c), Aug. 13, 1981, 95 Stat.
570, directed Secretary of Health and Human Services
to conduct a study of possible ways of State delivery of
services for which assistance is authorized by title X of
the Public Health Service Act [42 U.S.C. 300 et seq.] and
to report to Congress on results of such study 18
months after Aug. 13, 1981.
Executive Documents
TERMINATION OF TRUST TERRITORY OF THE PACIFIC
ISLANDS
For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title
48, Territories and Insular Possessions.

§ 300a–1. Training grants and contracts; authorization of appropriations

Page 1144

tions for fiscal years ending Sept. 30, 1982, 1983, and
1984.
1978—Subsec. (b). Pub. L. 95–613 inserted provisions
authorizing appropriations for fiscal years ending Sept.
30, 1979, 1980, and 1981.
1977—Subsec. (b). Pub. L. 95–83 substituted provision
authorizing appropriations for fiscal years ending Sept.
30, 1977 and 1978, for prior such authorization for fiscal
year 1977.
1975—Subsec. (b). Pub. L. 94–63 inserted provisions authorizing appropriations for fiscal years ending June 30,
1975, 1976, and 1977.
1973—Subsec. (b). Pub. L. 93–45 inserted provisions authorizing appropriations for fiscal year ending June 30,
1974.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1975 AMENDMENT
Amendment by section 202(b) of Pub. L. 94–63 effective July 1, 1975, see section 608 of Pub. L. 94–63, set out
as a note under section 247b of this title.

(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 300 or
300a 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.

§ 300a–2. Conduct, etc., of research activities

(July 1, 1944, ch. 373, title X, § 1003, as added Pub.
L. 91–572, § 6(c), Dec. 24, 1970, 84 Stat. 1507;
amended Pub. L. 93–45, title I, § 111(b), June 18,
1973, 87 Stat. 93; Pub. L. 94–63, title II, § 202(b),
title VII, § 701(d), July 29, 1975, 89 Stat. 306, 352;
Pub. L. 95–83, title III, § 305(b), Aug. 1, 1977, 91
Stat. 389; Pub. L. 95–613, § 1(b)(2), Nov. 8, 1978, 92
Stat. 3093; Pub. L. 97–35, title IX, § 931(a)(2), Aug.
13, 1981, 95 Stat. 570; Pub. L. 97–414, §§ 8(n), 9(a),
Jan. 4, 1983, 96 Stat. 2061, 2064; Pub. L. 98–512,
§ 3(b), Oct. 19, 1984, 98 Stat. 2410.)

1981—Pub. L. 97–35 redesignated existing subsec. (a) as
entire section, and struck out subsec. (b) which related
to authorization and availability of appropriations.
1979—Subsec. (b)(1). Pub. L. 95–613, as amended by
Pub. L. 96–32, substituted ‘‘$120,800,000’’ for ‘‘$3,600,000’’
as authorized appropriation for fiscal year ending Sept.
30, 1980.
1978—Subsec. (b)(1). Pub. L. 95–613 inserted provisions
authorizing appropriations for fiscal years ending Sept.
30, 1979, 1980, and 1981.
1977—Subsec. (b). Pub. L. 95–83 in par. (1) substituted
provisions authorizing appropriations for fiscal years
ending Sept. 30, 1977 and 1978, for prior such authorization for fiscal year 1977, and in par. (2) prohibited use
of funds for administration of this section.
1975—Subsec. (a). Pub. L. 94–63, § 202(c), revised structure of provisions, inserted authorization for Secretary
to conduct research, and struck out authority for
grants and contracts in research training in specified
fields.
Subsec. (b). Pub. L. 94–63, §§ 202(c), 701(d), revised
structure of provisions and substituted provisions relating to authorization of appropriations for fiscal
years 1976 and 1977 and availability of appropriated
funds, for provisions authorizing appropriations for fiscal years ending June 30, 1971, through fiscal year ending June 30, 1975.

Editorial Notes
AMENDMENTS
1984—Subsec. (b). Pub. L. 98–512 inserted provisions
authorizing appropriations for fiscal year ending Sept.
30, 1985.
1983—Subsec. (b). Pub. L. 97–414, § 8(n), substituted a
semicolon for a comma after ‘‘1981’’.
Pub. L. 97–414, § 9(a), amended directory language of
Pub. L. 97–35, § 931(a)(2), to correct a typographical
error and did not involve any change in text. See 1981
Amendment note below.
1981—Subsec. (b). Pub. L. 97–35, as amended by Pub. L.
97–414, § 9(a), inserted provisions authorizing appropria-

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.
(July 1, 1944, ch. 373, title X, § 1004, as added Pub.
L. 91–572, § 6(c), Dec. 24, 1970, 84 Stat. 1507;
amended Pub. L. 93–45, title I, § 111(c), June 18,
1973, 87 Stat. 93; Pub. L. 94–63, title II, § 202(c),
title VII, § 701(d), July 29, 1975, 89 Stat. 306, 352;
Pub. L. 95–83, title III, § 305(c), Aug. 1, 1977, 91
Stat. 389; Pub. L. 95–613, § 1(b)(3), Nov. 8, 1978, 92
Stat. 3093; Pub. L. 96–32, § 1(a), July 10, 1979, 93
Stat. 82; Pub. L. 97–35, title IX, § 931(b)(2), Aug.
13, 1981, 95 Stat. 570.)
Editorial Notes
AMENDMENTS

Page 1145

TITLE 42—THE PUBLIC HEALTH AND WELFARE

1973—Subsec. (b). Pub. L. 93–45 inserted provisions authorizing appropriations for fiscal year ending June 30,
1974.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1979 AMENDMENT
Pub. L. 96–32, § 1(b), July 10, 1979, 93 Stat. 82, provided
that: ‘‘The amendment made by subsection (a) [amending this section] shall be effective as of November 8,
1978.’’
EFFECTIVE DATE OF 1975 AMENDMENT
Amendment by section 202(c) of Pub. L. 94–63 effective
July 1, 1975, see section 608 of Pub. L. 94–63, set out as
a note under section 247b of this title.

§ 300a–3. Informational and educational materials development grants and contracts; authorization of appropriations
(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.
(July 1, 1944, ch. 373, title X, § 1005, as added Pub.
L. 91–572, § 6(c), Dec. 24, 1970, 84 Stat. 1507;
amended Pub. L. 93–45, title I, § 111(d), June 18,
1973, 87 Stat. 93; Pub. L. 94–63, title II, § 202(d),
title VII, § 701(d), July 29, 1975, 89 Stat. 307, 352;
Pub. L. 95–83, title III, § 305(d), Aug. 1, 1977, 91
Stat. 389; Pub. L. 95–613, § 1(b)(4), Nov. 8, 1978, 92
Stat. 3093; Pub. L. 97–35, title IX, § 931(a)(3), Aug.
13, 1981, 95 Stat. 570; Pub. L. 97–414, §§ 8(n), 9(a),
Jan. 4, 1983, 96 Stat. 2061, 2064; Pub. L. 98–512,
§ 3(c), Oct. 19, 1984, 98 Stat. 2410.)
Editorial Notes
AMENDMENTS
1984—Subsec. (b). Pub. L. 98–512 inserted provisions
authorizing appropriations for fiscal year ending Sept.
30, 1985.
1983—Subsec. (b). Pub. L. 97–414, § 8(n), substituted a
semicolon for a comma after ‘‘1981’’.
Pub. L. 97–414, § 9(a), amended directory language of
Pub. L. 97–35, § 931(a)(3), to correct typographical error
and did not involve any change in text. See 1981
Amendment note below.
1981—Subsec. (b). Pub. L. 97–35, as amended by Pub. L.
97–414, § 9(a), inserted provisions authorizing appropria-

§ 300a–4

tions for fiscal years ending Sept. 30, 1982, 1983, and
1984.
1978—Subsec. (b). Pub. L. 95–613 inserted provisions
authorizing appropriations for fiscal years ending Sept.
30, 1979, 1980, and 1981.
1977—Subsec. (b). Pub. L. 95–83 substituted provisions
authorizing appropriations for fiscal years ending Sept.
30, 1977 and 1978, for prior such authorization for fiscal
year 1977.
1975—Subsec. (b). Pub. L. 94–63 inserted provisions authorizing appropriations for fiscal years ending June 30,
1975, 1976, and 1977.
1973—Subsec. (b). Pub. L. 93–45 inserted provisions authorizing appropriations for fiscal year ending June 30,
1974.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1975 AMENDMENT
Amendment by section 202(d) of Pub. L. 94–63 effective July 1, 1975, see section 608 of Pub. L. 94–63, set out
as a note under section 247b of this title.

§ 300a–4. Grants and contracts
(a) Promulgation of regulations governing execution; amount of grants
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 subchapter 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) Payment of grants
Grants under this subchapter 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) Prerequisites; ‘‘low-income family’’ defined
A grant may be made or contract entered into
under section 300 or 300a of this title 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 ‘‘lowincome family’’ shall be defined by the Secretary in accordance with such criteria as he

§ 300a–5

TITLE 42—THE PUBLIC HEALTH AND WELFARE

may prescribe so as to insure that economic status shall not be a deterrent to participation in
the programs assisted under this subchapter.
(d) Suitability of informational or educational
materials
(1) A grant may be made or a contract entered
into under section 300 or 300a–3 of this title 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
subchapter 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 300 of this title, 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.

Page 1146

§ 300a–6. Prohibition against funding programs
using abortion as family planning method
None of the funds appropriated under this subchapter shall be used in programs where abortion is a method of family planning.
(July 1, 1944, ch. 373, title X, § 1008, as added Pub.
L. 91–572, § 6(c), Dec. 24, 1970, 84 Stat. 1508.)
§ 300a–6a. Repealed. Pub. L. 105–362, title VI,
§ 601(a)(1)(G), Nov. 10, 1998, 112 Stat. 3285
Section, act July 1, 1944, ch. 373, title X, § 1009, as
added Pub. L. 94–63, title II, § 203(a), July 29, 1975, 89
Stat. 307; amended Pub. L. 96–88, title V, § 509(b), Oct.
17, 1979, 93 Stat. 695; Pub. L. 104–66, title I, § 1062(c), Dec.
21, 1995, 109 Stat. 720, related to plans and reports concerning family planning services.

§ 300a–7. Sterilization or abortion
(a) Omitted

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 subchapter (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.

(b) Prohibition of public officials and public authorities from imposition of certain requirements contrary to religious beliefs or moral
convictions
The receipt of any grant, contract, loan, or
loan guarantee under the Public Health Service
Act [42 U.S.C. 201 et seq.], the Community Mental Health Centers Act [42 U.S.C. 2689 et seq.], or
the Developmental Disabilities Services and Facilities Construction Act [42 U.S.C. 6000 et seq.]
by any individual or entity does not authorize
any court or any public official or other public
authority to require—
(1) such individual to perform or assist in
the performance of any sterilization procedure
or abortion if his performance or assistance in
the performance of such procedure or abortion
would be contrary to his religious beliefs or
moral convictions; or
(2) such entity to—
(A) make its facilities available for the
performance of any sterilization procedure
or abortion if the performance of such procedure or abortion in such facilities is prohibited by the entity on the basis of religious
beliefs or moral convictions, or
(B) provide any personnel for the performance or assistance in the performance of any
sterilization procedure or abortion if the
performance or assistance in the performance of such procedures or abortion by such
personnel would be contrary to the religious
beliefs or moral convictions of such personnel.
(c) Discrimination prohibition
(1) No entity which receives a grant, contract,
loan, or loan guarantee under the Public Health
Service Act [42 U.S.C. 201 et seq.], the Community Mental Health Centers Act [42 U.S.C. 2689 et
seq.], or the Developmental Disabilities Services
and Facilities Construction Act [42 U.S.C. 6000 et
seq.] after June 18, 1973, may—
(A) discriminate in the employment, promotion, or termination of employment of any
physician or other health care personnel, or
(B) discriminate in the extension of staff or
other privileges to any physician or other
health care personnel,

(July 1, 1944, ch. 373, title X, § 1007, as added Pub.
L. 91–572, § 6(c), Dec. 24, 1970, 84 Stat. 1508.)

because he performed or assisted in the performance of a lawful sterilization procedure or abor-

(July 1, 1944, ch. 373, title X, § 1006, as added
L. 91–572, § 6(c), Dec. 24, 1970, 84 Stat.
amended Pub. L. 94–63, title II, § 204(c), (d),
29, 1975, 89 Stat. 308; Pub. L. 95–613, § 1(a)(2),
8, 1978, 92 Stat. 3093.)

Pub.
1507;
July
Nov.

Editorial Notes
AMENDMENTS
1978—Pub. L. 95–613 added subsec. (d).
1975—Subsec. (a). Pub. L. 94–63, § 204(c), inserted provisions relating to amount of grants authorized pursuant to sections of this subchapter.
Subsec. (c). Pub. L. 94–63, § 204(d), inserted provision
relating to economic status as part of the criteria to be
included within definition of ‘‘low-income family’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1975 AMENDMENT
Amendment by Pub. L. 94–63 effective July 1, 1975, see
section 608 of Pub. L. 94–63, set out as a note under section 247b of this title.

§ 300a–5. Voluntary participation by individuals;
participation not prerequisite for eligibility
or receipt of other services and information

Page 1147

TITLE 42—THE PUBLIC HEALTH AND WELFARE

tion, because he refused to perform or assist in
the performance of such a procedure or abortion
on the grounds that his performance or assistance in the performance of the procedure or
abortion would be contrary to his religious beliefs or moral convictions, or because of his religious beliefs or moral convictions respecting
sterilization procedures or abortions.
(2) No entity which receives after July 12, 1974,
a grant or contract for biomedical or behavioral
research under any program administered by the
Secretary of Health and Human Services may—
(A) discriminate in the employment, promotion, or termination of employment of any
physician or other health care personnel, or
(B) discriminate in the extension of staff or
other privileges to any physician or other
health care personnel,
because he performed or assisted in the performance of any lawful health service or research activity, because he refused to perform or assist in
the performance of any such service or activity
on the grounds that his performance or assistance in the performance of such service or activity would be contrary to his religious beliefs or
moral convictions, or because of his religious beliefs or moral convictions respecting any such
service or activity.
(d) Individual rights respecting certain requirements contrary to religious beliefs or moral
convictions
No individual shall be required to perform or
assist in the performance of any part of a health
service program or research activity funded in
whole or in part under a program administered
by the Secretary of Health and Human Services
if his performance or assistance in the performance of such part of such program or activity
would be contrary to his religious beliefs or
moral convictions.
(e) Prohibition on entities receiving Federal
grant, etc., from discriminating against applicants for training or study because of refusal of applicant to participate on religious
or moral grounds
No entity which receives, after September 29,
1979, any grant, contract, loan, loan guarantee,
or interest subsidy under the Public Health
Service Act [42 U.S.C. 201 et seq.], the Community Mental Health Centers Act [42 U.S.C. 2689 et
seq.], or the Developmental Disabilities Assistance and Bill of Rights Act of 2000 [42 U.S.C.
15001 et seq.] may deny admission or otherwise
discriminate against any applicant (including
applicants for internships and residencies) for
training or study because of the applicant’s reluctance, or willingness, to counsel, suggest,
recommend, assist, or in any way participate in
the performance of abortions or sterilizations
contrary to or consistent with the applicant’s
religious beliefs or moral convictions.
(Pub. L. 93–45, title IV, § 401, June 18, 1973, 87
Stat. 95; Pub. L. 93–348, title II, § 214, July 12,
1974, 88 Stat. 353; Pub. L. 96–76, title II, § 208,
Sept. 29, 1979, 93 Stat. 583; Pub. L. 96–88, title V,
§ 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 106–402,
title IV, § 401(b)(5), Oct. 30, 2000, 114 Stat. 1738.)

§ 300a–8

Editorial Notes
REFERENCES IN TEXT
The Public Health Service Act, referred to in subsecs.
(b), (c)(1), and (e), is act July 1, 1944, ch. 373, 58 Stat.
682, which is classified generally to this chapter (§ 201 et
seq.). For complete classification of this Act to the
Code, see Short Title note set out under section 201 of
this title and Tables.
The Community Mental Health Centers Act, referred
to in subsecs. (b), (c)(1), and (e), is title II of Pub. L.
88–164, as added Pub. L. 94–63, title III, § 303, July 29,
1975, 89 Stat. 309, and amended, which was classified
principally to subchapter III (§ 2689 et seq.) of chapter 33
of this title prior to its repeal by Pub. L. 97–35, title IX,
§ 902(e)(2)(B), Aug. 13, 1981, 95 Stat. 560.
The Developmental Disabilities Services and Facilities Construction Act, referred to in subsecs. (b) and
(c)(1), is title I of Pub. L. 88–164, Oct. 31, 1963, 77 Stat.
282, as renamed by Pub. L. 91–518, title II, § 207(a), Oct.
30, 1970, 84 Stat. 1327. Title I of Pub. L. 88–164, which
was subsequently renamed the Developmental Disabilities Assistance and Bill of Rights Act by Pub. L.
95–602, title V, § 502, Nov. 6, 1978, 92 Stat. 3003, and
amended generally by Pub. L. 98–527, § 2, Oct. 19, 1984, 98
Stat. 2662, was classified generally to chapter 75 (§ 6000
et seq.) of this title, prior to repeal by Pub. L. 106–402,
title IV, § 401(a), Oct. 30, 2000, 114 Stat. 1737. For complete classification of this Act to the Code, see Tables.
The Developmental Disabilities Assistance and Bill of
Rights Act of 2000, referred to in subsec. (e), is Pub. L.
106–402, Oct. 30, 2000, 114 Stat. 1677, which is classified
principally to chapter 144 (§ 15001 et seq.) of this title.
For complete classification of this Act to the Code, see
Short Title note set out under section 15001 of this title
and Tables.
CODIFICATION
Section was enacted as part of Health Programs Extension Act of 1973, and not as part of Public Health
Services Act which comprises this chapter.
Subsec. (a) of this section amended section 601 of Pub.
L. 91–296, which is set out as an Availability of Appropriations note under section 201 of this title.
AMENDMENTS
2000—Subsec. (e). Pub. L. 106–402 substituted ‘‘or the
Developmental Disabilities Assistance and Bill of
Rights Act of 2000 may deny’’ for ‘‘or the Developmental Disabilities Assistance and Bill of Rights Act
may deny’’.
1979—Subsec. (e). Pub. L. 96–76 added subsec. (e).
1974—Subsec. (c). Pub. L. 93–348, § 214, designated existing provisions as par. (1), redesignated pars. (1) and
(2) of such provisions as subpars. (A) and (B), and added
par. (2).
Subsec. (d). Pub. L. 93–348, § 214(b), added subsec. (d).
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
‘‘Secretary of Health and Human Services’’ substituted for ‘‘Secretary of Health, Education, and Welfare’’ in subsecs. (c)(2) and (d) pursuant to section 509(b)
of Pub. L. 96–88, which is classified to section 3508(b) of
Title 20, Education.

§ 300a–8. Penalty for United States, etc., officer
or employee coercing or endeavoring to coerce procedure upon beneficiary of Federal
program
Any—
(1) officer or employee of the United States,
(2) officer or employee of any State, political
subdivision of a State, or any other entity,
which administers or supervises the administration of any program receiving Federal financial assistance, or

§§ 300a–21 to 300a–28

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(3) person who receives, under any program
receiving Federal financial assistance, compensation for services,
who coerces or endeavors to coerce any person
to undergo an abortion or sterilization procedure by threatening such person with the loss of,
or disqualification for the receipt of, any benefit
or service under a program receiving Federal financial assistance shall be fined not more than
$1,000 or imprisoned for not more than one year,
or both.
(Pub. L. 94–63, title II, § 205, July 29, 1975, 89 Stat.
308.)

Page 1148

this title by section 2193(a)(2) of Pub. L. 97–35, see section 2194 of Pub. L. 97–35, set out as a note under section 701 of this title.
STUDY OF ADOLESCENT PREGNANCY; REPORT NOT
LATER THAN NOVEMBER 10, 1979
Pub. L. 95–626, title VIII, § 801, Nov. 10, 1978, 92 Stat.
3602, which provided for a study of the problem of adolescent pregnancies and the effectiveness of existing
programs and a report, was repealed by section 955(b) of
Pub. L. 97–35.

§ 300a–29. Omitted
Editorial Notes
CODIFICATION

Editorial Notes
CODIFICATION
Section was enacted as part of the Family Planning
and Population Research Act of 1975, and not as part of
the Public Health Service Act which comprises this
chapter.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective July 1, 1975, see section 608 of Pub.
L. 94–63, set out as an Effective Date of 1975 Amendment note under section 247b of this title.

Section, Pub. L. 95–626, title III, § 301, Nov. 10, 1978, 92
Stat. 3590, provided that grants or contracts made
under this subchapter would be considered to have been
made under this chapter for the purposes of sections
300l–2(e) and 300m–3(c)(6) of this title.

PART B—IMPROVING COORDINATION OF FEDERAL
AND STATE PROGRAMS
§ 300a–41. Repealed. Pub. L. 97–35, title IX,
§ 955(b), title XXI, § 2193(f), Aug. 13, 1981, 95
Stat. 592, 828

SUBCHAPTER VIII–A—ADOLESCENT
PREGNANCIES

Section, Pub. L. 95–626, title VII, § 701, Nov. 10, 1978, 92
Stat. 3601; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93
Stat. 695, related to improving coordination of Federal
and State policies and programs.

PART A—GRANT PROGRAM

Statutory Notes and Related Subsidiaries

§§ 300a–21 to 300a–28. Repealed. Pub. L. 97–35,
title IX, § 955(b), title XXI, § 2193(f), Aug. 13,
1981, 95 Stat. 592, 828
Section 300a–21, Pub. L. 95–626, title VI, § 601, Nov. 10,
1978, 92 Stat. 3595, set forth Congressional findings and
declaration of purpose with respect to grant program.
Section 300a–22, Pub. L. 95–626, title VI, § 602, Nov. 10,
1978, 92 Stat. 3595; Pub. L. 96–88, title V, § 509(b), Oct. 17,
1979, 93 Stat. 695, defined terms ‘‘Secretary’’, ‘‘eligible
person’’, ‘‘eligible grant recipient’’, ‘‘core services’’,
‘‘supplemental services’’, ‘‘adolescent parent’’.
Section 300a–23, Pub. L. 95–626, title VI, § 603, Nov. 10,
1978, 92 Stat. 3596, set forth authority to make grants.
Section 300a–24, Pub. L. 95–626, title VI, § 604, Nov. 10,
1978, 92 Stat. 3597, set forth authorized uses for grants.
Section 300a–25, Pub. L. 95–626, title VI, § 605, Nov. 10,
1978, 92 Stat. 3597, set forth provisions respecting priorities, amounts, and duration of grants.
Section 300a–26, Pub. L. 95–626, title VI, § 606, Nov. 10,
1978, 92 Stat. 3598, set forth application, etc., requirements for grant approval.
Section 300a–27, Pub. L. 95–626, title VI, § 607, Nov. 10,
1978, 92 Stat. 3601; Pub. L. 97–35, title XXI, § 2193(a)(2),
Aug. 13, 1981, 95 Stat. 827, authorized appropriations
from fiscal year ending Sept. 30, 1979, through fiscal
year ending Sept. 30, 1982.
Section 300a–28, Pub. L. 95–626, title VI, § 608, Nov. 10,
1978, 92 Stat. 3601, set forth prohibition respecting use
of funds to pay for performance of abortion.
See section 300z et seq. of this title.
Statutory Notes and Related Subsidiaries

EFFECTIVE DATE OF REPEAL
Pub. L. 97–35, title IX, § 955(b), Aug. 13, 1981, 95 Stat.
592, provided that the repeal of this section is effective
Oct. 1, 1981.
For effective date, savings, and transitional provisions relating to the repeal of this section by section
2193(f) of Pub. L. 97–35, see section 2194 of Pub. L. 97–35,
set out as a note under section 701 of this title.

SUBCHAPTER IX—GENETIC DISEASES, HEMOPHILIA PROGRAMS, AND SUDDEN INFANT DEATH SYNDROME
Editorial Notes
CODIFICATION
Pub. L. 94–278, title IV, § 403(b)(3), Apr. 22, 1976, 90
Stat. 409, substituted ‘‘GENETIC DISEASES’’ for ‘‘GENETIC BLOOD DISORDERS’’ and inserted ‘‘HEMOPHILIA PROGRAMS’’ in subchapter heading.
Pub. L. 93–270, § 3(b), Apr. 22, 1974, 88 Stat. 92, inserted
‘‘AND SUDDEN INFANT DEATH SYNDROME’’ at end
of subchapter heading.
Pub. L. 92–414, § 4(1), Aug. 29, 1972, 86 Stat. 652, substituted ‘‘GENETIC BLOOD DISORDERS’’ for ‘‘SICKLE CELL ANEMIA PROGRAM’’ as subchapter heading
and designated such former subchapter heading as part
A heading, substituting ‘‘Programs’’ for ‘‘Program’’.

PART A—GENETIC DISEASES
Editorial Notes

EFFECTIVE DATE OF REPEAL

CODIFICATION

Pub. L. 97–35, title IX, § 955(b), Aug. 13, 1981, 95 Stat.
592, provided that the repeal of sections 300a–21 to
300a–28 of this title is effective Oct. 1, 1981.
For effective date, savings, and transitional provisions relating to the repeal of sections 321a–21 to
321a–28 of this title by section 2193(f) of Pub. L. 97–35,
and relating to the amendment of section 300a–27 of

Pub. L. 94–278, title IV, § 403(a), Apr. 22, 1976, 90 Stat.
407, substituted ‘‘Genetic Diseases’’ for ‘‘Sickle Cell
Anemia Programs’’ in part A heading.
Pub. L. 92–414, § 4(1), Aug. 29, 1972, 86 Stat. 652, redesignated subchapter IX heading as part A heading and
substituted ‘‘Sickle Cell Anemia Programs’’ for ‘‘Sickle
Cell Anemia Program’’.