Title X Abortion Provider Prohibition Act
- Sponsor
- Rep. Foxx, Virginia [R-NC-5]
- Committees
- Energy and Commerce Committee (primary)
- Last action
- Jan 13, 2025
Bottom line
This bill restricts federal family planning funding to exclude organizations that provide abortion services, even if those services are separately funded, while maintaining limited exceptions and increasing reporting requirements.
What it actually does
This bill amends Title X of the Public Health Service Act to prohibit federal family planning grants from being awarded to any entity that performs abortions, with narrow exceptions for cases of rape, incest, or to save the life of the pregnant person. It also requires the Secretary of Health and Human Services to submit annual reports to Congress detailing grant recipients and abortions performed under these exceptions.
Proponents argue
Supporters argue this bill ensures federal taxpayer dollars are not directly or indirectly used to support abortion services, aligning with the intent of Title X to fund family planning, not abortion. They contend it protects the conscience of taxpayers and directs funds to organizations focused solely on preventative health services.
Opponents contend
Opponents contend this bill would severely limit access to comprehensive reproductive healthcare, particularly for low-income individuals, by defunding major providers of family planning services. They argue it would disproportionately affect marginalized communities and could lead to a reduction in preventative care, potentially increasing unintended pregnancies.
The bill text is very short and can be read quickly, but its implications for Title X funding and reproductive healthcare are extensive and require significant consideration.
Section 2, adding new Section 1009(a) to Title X of the Public Health Service Act
Prohibition on Title X Grants to Entities Performing Abortions
This provision mandates that the Secretary of Health and Human Services cannot provide federal family planning grants under Title X to any organization unless that organization certifies it will not perform abortions and will not provide funds to any other entity that performs abortions during the grant period. This effectively disqualifies organizations that offer abortion services, even if those services are funded separately from Title X.
Supporters argue
Supporters argue this provision ensures taxpayer funds are not used, directly or indirectly, to support abortion services, aligning Title X with a strict interpretation of its original intent to fund family planning, not abortion. They believe it directs resources to organizations focused solely on preventative health.
Critics contend
Opponents contend this provision is a 'gag rule' that forces providers to choose between federal funding and offering a full range of reproductive healthcare, including abortion. They argue it would disproportionately harm low-income individuals and communities of color by reducing access to essential health services.
Tradeoffs
The provision balances the desire to prevent federal funding of abortion with the potential impact on access to comprehensive family planning services, including contraception and STI testing, for vulnerable populations.
Section 2, adding new Section 1009(b) to Title X of the Public Health Service Act
Limited Exceptions to Abortion Prohibition
This provision carves out specific, narrow exceptions to the general prohibition on abortion. An entity would still be eligible for Title X funding if it performs abortions only in cases where the pregnancy resulted from rape or incest, or if a physician certifies that the pregnant person's life is in danger due to a physical disorder, injury, or illness caused by or arising from the pregnancy itself.
Section 2, adding new Section 1009(c) to Title X of the Public Health Service Act
Hospital Exemption with Sub-granting Restriction
This provision states that the general prohibition on funding abortion-performing entities does not apply to hospitals. However, this exemption for hospitals is conditional: a hospital receiving Title X assistance must not provide funds to any non-hospital entity that performs abortions, other than those allowed under the rape, incest, or life-saving exceptions.
Section 2, adding new Section 1009(d) to Title X of the Public Health Service Act
Annual Report to Congress on Grant Recipients and Abortions
This provision requires the Secretary of Health and Human Services to submit an annual report to Congress. The report must include a list of all entities receiving Title X grants, the total number of abortions performed by those entities under the specified exceptions (rape, incest, life-saving), a breakdown of these abortions by category, the date of the latest certification from each entity, and a list of any entities to which grant recipients provide funds.