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42 U.S.C. § 300 — Project grants and contracts for family

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42 U.S.C. § 300 — Project grants and contracts for family

Page 1149 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 300 1 So in original. Probably should be ‘‘family’’. Stat. 1301, authorized Secretary to establish rules and regulations covering terms of approval of grant appli- cations 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 be- fore June 30, 1967, by Surgeon General concerning ac- tivities under this subchapter with required state- ments, 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 multi- program services, costs of special projects, and support of research, studies, investigations, training, and dem- onstrations. AMENDMENTS 2010—Par. (1). Pub. L. 111–148, § 3013(a)(3), made tech- nical amendment to re

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Page 1149 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 300 1 So in original. Probably should be ‘‘family’’. Stat. 1301, authorized Secretary to establish rules and regulations covering terms of approval of grant appli- cations 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 be- fore June 30, 1967, by Surgeon General concerning ac- tivities under this subchapter with required state- ments, 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 multi- program services, costs of special projects, and support of research, studies, investigations, training, and dem- onstrations. AMENDMENTS 2010—Par. (1). Pub. L. 111–148, § 3013(a)(3), made tech- nical amendment to reference in original act which ap- pears 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, requir- ing no change in text. SUBCHAPTER VIII—POPULATION RE- SEARCH AND VOLUNTARY FAMILY PLAN- NING 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 non- profit private entities to assist in the establish- ment and operation of voluntary family plan- ning projects which shall offer a broad range of acceptable and effective family planning meth- ods and services (including natural family plan- ning methods, infertility services, and services for adolescents). To the extent practical, enti- ties which receive grants or contracts under this subsection shall encourage familiy 1 participa- tion in projects assisted under this subsection. (b) Factors determining awards; establishment and preservation of rights of local and re- gional entities In making grants and contracts under this sec- tion the Secretary shall take into account the number of patients to be served, the extent to which family planning services are needed lo- cally, 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) 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 con- tracts 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 fis- cal 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 fis- cal 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 appro- priations 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 ap- propriations for fiscal years ending Sept. 30, 1982, 1983, and 1984. Page 1150 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 300 1978—Subsec. (a). Pub. L. 95–613, § 1(a)(1), inserted pro- visions relating to infertility services and services for adolescents. Subsec. (c). Pub. L. 95–613, § 1(b)(1), inserted provi- sions 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 pro- vision 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 re- gional 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 au- thorizing appropriations for fiscal year ending June 30, 1974. 1972—Subsec. (c). Pub. L. 92–449 increased appropria- tions 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 MEDI- CINE, NURSING, OR OSTEOPATHY AGAINST APPLICANTS BECAUSE OF RELUCTANCE OR WILLINGNESS TO PAR- TICIPATE 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 unwill- ingness 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 per- sons 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 su- pervision of domestic family planning services and of population research programs related to such serv- ices; ‘‘(4) to enable public and nonprofit private entities to plan and develop comprehensive programs of fam- ily planning services; ‘‘(5) to develop and make readily available informa- tion (including educational materials) on family planning and population growth to all persons desir- ing 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 re- search 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 matters pertaining to population research and family planning, through which the Secretary of Health, Education, and Welfare [now Health and Human Serv- ices] (hereafter in this Act referred to as the ‘Sec- retary’) 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 Con- stitution’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 pri- vacy, autonomy, freedom, and equality—have been de- nied 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. Ac- cess to reproductive healthcare services is now threat- ened for millions of Americans, and especially for those who live in States that are banning or severely re- stricting 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 abor- tion care—especially those in low-income, rural, and other underserved communities—now have to travel to jurisdictions where services remain legal notwith- standing the cost or risks. In the face of this health crisis, the Federal Govern- ment is taking action to protect healthcare service de- livery 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 serv- ices relating to the human reproductive system, includ- ing 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 Serv- ices 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, includ- ing actions to enhance family planning services such as access to emergency contraception; (ii) identifying ways to increase outreach and edu- cation about access to reproductive healthcare serv- ices, including by launching a public awareness initia- tive 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 Administra- tion-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 Page 1151 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 300 (iii) identifying steps to ensure that all patients—in- cluding pregnant women and those experiencing preg- nancy loss, such as miscarriages and ectopic preg- nancies—receive the full protections for emergency medical care afforded under the law, including by con- sidering 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 De- partment 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 organi- zations 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 appro- priate and consistent with applicable law, to ensure the safety of patients, providers, and third parties, and to protect the security of clinics (including mobile clin- ics), pharmacies, and other entities providing, dis- pensing, 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-re- lated data and by digital surveillance related to repro- ductive healthcare services, and to protect people seek- ing 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 Account- ability 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 re- lated to reproductive healthcare services and bolster patient-provider confidentiality. (iii) The Secretary of Health and Human Services shall, in consultation with the Attorney General, con- sider actions to educate consumers on how best to pro- tect 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 de- ceptive or fraudulent practices related to reproductive healthcare services, including online, and to protect ac- cess to accurate information. SEC. 5. Coordinating Implementation Efforts. (a) The Secretary of Health and Human Services and the Direc- tor of the Gender Policy Council shall establish and co- chair 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 develop- ment, and outreach efforts to address barriers that in- dividuals and entities may face in seeking and pro- viding reproductive healthcare services. The Depart- ment of Health and Human Services shall provide fund- ing and administrative support as may be necessary for the performance and functions of the Task Force. (b) The Attorney General shall provide technical as- sistance, as appropriate and consistent with applicable law, concerning Federal constitutional protections to States seeking to afford legal protection to out-of- State patients and providers who offer legal reproduc- tive 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 de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appro- priations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able 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 ad- dress those effects. These steps include clarifying the obligation of hospitals and providers under the Emer- gency Medical Treatment and Labor Act, 42 U.S.C. 1395dd, to provide to patients presenting at an emer- gency department with an emergency medical condi- tion stabilizing care, including an abortion, if that care is necessary to stabilize their emergency medical con- dition, and issuing guidance to the Nation’s retail phar- macies 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 pro- viders, including pharmacies. There have been numer- ous reports of women denied health- and life-saving emergency care, as providers fearful of legal reprisal delay necessary treatment for patients until their con- ditions worsen to dangerous levels. There are also re- ports of women of reproductive age being denied pre- scription medication at pharmacies—including medica- tion that is used to treat stomach ulcers, lupus, arthri- tis, and cancer—due to concerns that these medica- tions, some of which can be used in medication abor- tions, could be used to terminate a pregnancy. Report- edly, a healthcare provider, citing a State law restrict- ing abortion, even temporarily stopped providing emer- gency 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 abor- tion care in States where it is legal, I am directing my Administration to take further action to protect access Page 1152 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 300 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 refer- ral services relating to the human reproductive system, including services relating to pregnancy or the termi- nation 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 reproduc- tive healthcare services, including, to the extent per- mitted 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, in- cluding 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 compli- ance with Federal non-discrimination laws by healthcare providers that receive Federal financial as- sistance. Such actions may include: (a) providing technical assistance for healthcare pro- viders that have questions concerning their obligations under Federal non-discrimination laws; (b) convening healthcare providers to provide infor- mation on their obligations under Federal non-dis- crimination laws and the potential consequences of non-compliance; and (c) issuing additional guidance, or taking other ac- tion as appropriate, in response to any complaints or other reports of non-compliance with Federal non-dis- crimination 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 reproduc- tive healthcare on maternal health outcomes and other health outcomes. Following that evaluation, the Sec- retary 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 de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appro- priations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able 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. 14101. STRENGTHENING ACCESS TO AFFORD- ABLE, HIGH-QUALITY CONTRACEPTION AND FAMILY PLANNING SERVICES Ex. Ord. No. 14101, June 23, 2023, 88 F.R. 41815, pro- vided: 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. Women should have access to the healthcare they need, including contraception and fam- ily planning services. Access to contraception is essen- tial to ensuring that all people have control over per- sonal decisions about their own health, lives, and fami- lies. High-quality contraception improves health out- comes, advances economic stability, and promotes women’s overall well-being. Contraception access is linked to improved maternal and child health, ex- panded educational and professional opportunities, and higher lifetime earnings. Through new requirements for private health cov- erage and expanded access to Medicaid, the [Patient Protection and] Affordable Care Act [Pub. L. 111–148, see Tables for classification] extended access to afford- able contraception to millions of women, helping them save billions of dollars on birth control. Yet access to high-quality contraception continues to vary based on income, location, health insurance coverage, and the availability of healthcare providers. Millions of people continue to face barriers to obtaining the contracep- tion they need even as access has become more critical in the wake of the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, 142 S. Ct. 2228 (2022), to overturn Roe v. Wade, 410 U.S. 113 (1973). Given that the Supreme Court overruled Roe, which rested on the fundamental right to privacy in matters of health, bodily autonomy, and family, it has never been more important to protect and expand access to family planning services. Dobbs has already had, and will continue to have, devastating implications for women’s health. In States with laws that restrict ac- cess to abortion, health clinics that provide contracep- tion and other essential health services have shuttered, eliminating critical points of care. Some State officials have adopted policies interfering with access to emer- gency contraception, including for vulnerable popu- lations. Such policies further threaten women’s ability to make decisions about their own bodies, families, and futures. These threats persist despite decades of Su- preme Court precedent, beginning with Griswold v. Con- necticut, 381 U.S. 479 (1965), and Eisenstadt v. Baird, 405 U.S. 438 (1972), affirming the right to contraception. Moreover, an overwhelming majority of Americans sup- port access to contraception. In the wake of the Supreme Court’s decision in Dobbs, I issued Executive Order 14076 of July 8, 2022 (Pro- tecting Access to Reproductive Healthcare Services) [set out above], and Executive Order 14079 of August 3, 2022 (Securing Access to Reproductive and Other Healthcare Services) [set out above], to direct my Ad- ministration to take action to protect access to repro- ductive healthcare services, including contraception and abortion. In Executive Order 14076, I directed the Secretary of Health and Human Services and the Direc- tor of the Gender Policy Council to establish an Inter- agency Task Force on Reproductive Healthcare Access to coordinate these efforts across my Administration. Consistent with these Executive Orders and other ap- plicable authorities, executive departments and agen- cies have taken numerous steps to protect and strengthen access to contraception, including: (a) issuing guidance and convening sponsors of em- ployee benefit plans and health insurers to clarify con- traception coverage requirements under the Affordable Care Act; (b) expanding walk-in contraceptive care services for active duty service members and other Military Health System beneficiaries; (c) issuing a Notice of Proposed Rulemaking to im- prove access to affordable contraception for certain de- pendents of veterans; (d) providing additional funding to bolster training, develop and expand telehealth infrastructure and ca- pacity, and provide technical assistance for clinics funded under Title X of the Public Health Service Act (42 U.S.C. 300 et seq.) (Title X); (e) strengthening the inclusion of family planning providers in insurance networks for qualified health plans under the Affordable Care Act; (f) issuing a Notice of Proposed Rulemaking to pro- vide a new pathway for women to access contraceptives when their private health coverage is exempt from cov- ering this benefit; (g) issuing a Notice of Proposed Rulemaking to strengthen privacy protections under the Health Insur- Page 1153 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 300 ance Portability and Accountability Act of 1996, Public Law 104–191, 110 Stat. 1936 [see Tables for classifica- tion], as amended by Public Law 111–5, 123 Stat. 115 (2009), by proposing to prohibit doctors, other healthcare providers, and health plans from using or disclosing individuals’ protected health information re- lated to lawful reproductive healthcare, such as contra- ception use, under certain circumstances; (h) issuing a Notice of Proposed Rulemaking to en- sure healthcare providers that receive Federal financial assistance do not deny healthcare, including contracep- tion, on the basis of any ground protected by Federal law; and (i) reminding Health Resources and Services Admin- istration (HRSA)-funded health centers of their obliga- tions to provide family planning services to patients consistent with Federal requirements. Through this order, I direct my Administration to build on this progress and further strengthen and bol- ster access to affordable, high-quality contraception. It remains the policy of my Administration to support ac- cess to reproductive healthcare services and to protect and defend reproductive rights in the face of ongoing efforts to strip Americans of their fundamental free- doms. SEC. 2. Improving Access and Affordability Under the Af- fordable Care Act. (a) The Secretaries of the Treasury, Labor, and Health and Human Services (Secretaries) shall consider issuing guidance, consistent with appli- cable law, to further improve Americans’ ability to ac- cess contraception, without out-of-pocket expenses, under the Affordable Care Act. In doing so, the Secre- taries shall consider actions that would, to the greatest extent permitted by law: (i) ensure coverage of comprehensive contraceptive care, including all contraceptives approved, granted, or cleared by the Food and Drug Administration, without cost sharing for enrollees, participants, and bene- ficiaries; and (ii) streamline the process for patients and healthcare providers to request coverage, without cost sharing, of medically necessary contraception. (b) The Secretaries shall consider additional actions, as appropriate and consistent with applicable law, to promote increased access to affordable over-the- counter contraception, including emergency contracep- tion. SEC. 3. Supporting Access Through Medicaid and Medi- care. The Secretary of Health and Human Services, through the Administrator of the Centers for Medicare and Medicaid Services, shall consider taking steps, as appropriate and consistent with applicable law, to: (a) expand access to affordable family planning serv- ices and supplies across the Medicaid program, includ- ing by identifying and disseminating best practices for providing high-quality family planning services and supplies, including through Medicaid-managed care; and (b) improve coverage and payment for contraceptives for Medicare beneficiaries through Medicare Advantage and Medicare Part D plans. SEC. 4. Additional Actions to Support Contraception Ac- cess. (a) To promote access to affordable, high-quality contraception, the Secretary of Defense, the Secretary of Veterans Affairs, and the Director of the Office of Personnel Management shall consider additional ac- tions, as appropriate and consistent with applicable law, to: (i) ensure, where appropriate, robust coverage of con- traception under Federal programs; (ii) offer technical assistance to help promote access to contraception, where relevant; and (iii) educate Federal program participants and bene- ficiaries on how to access affordable, high-quality con- traception, including through public awareness initia- tives that provide timely and accurate information about such access. (b) To promote access to affordable, high-quality con- traception across Federal healthcare programs and rel- evant human services programs, including through Title X clinics, HRSA-funded health centers, and the Indian Health Service, the Secretary of Health and Human Services shall consider taking actions, as ap- propriate and consistent with applicable law, to: (i) encourage all federally funded health centers, in- cluding HRSA-funded health centers, to expand the availability and quality of voluntary family planning services offered to beneficiaries; (ii) support healthcare providers that participate in the Title X program through new technical assistance and training; (iii) support access to culturally and linguistically appropriate care, including by developing and dissemi- nating materials on family planning services available at federally funded health centers; (iv) provide guidance on contraception-related obliga- tions, such as confidentiality protections, and tech- nical assistance resources to funding recipients, where relevant; and (v) support research and data analysis to document gaps and disparities in access to contraception, as well as the benefits of comprehensive coverage for contra- ception and family planning services through public and private healthcare programs. (c) The Secretary of Labor shall identify best prac- tices for making affordable, high-quality contraception available to health plan enrollees, participants, and beneficiaries to share with employers and organiza- tions that sponsor private health coverage. (d) The Secretary of Education shall convene institu- tions of higher education to share best practices for making affordable, high-quality contraception avail- able, as well as ways to raise awareness of options for accessing contraception. SEC. 5. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appro- priations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able 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 plan- ning clinics to provide services for low-income pa- tients. The Act specifies that Title X funds may not be used for the performance of abortions, but places no re- strictions 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 Title X clinics provided complete, uncensored informa- tion, 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 recipi- ents from providing their patients with information, counseling, or referrals concerning abortion. Subse- quent attempts by the Bush Administration to modify the Gag Rule and ensuing litigation have created con- fusion 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-pa- Page 1154 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 300 tient relationship by prohibiting information that med- ical 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 legisla- tion 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 Sec- retary 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 restric- tions 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 re- productive health. In the United States, Title X of the Public Health Services [sic] Act (42 U.S.C. 300 to 300a–6) provides Fed- eral funding for family planning services that pri- marily 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 Sec- retary of Health and Human Services finalized changes to regulations governing the Title X program and issued a final rule entitled ‘‘Compliance With Statu- tory 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 re- ceive 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 prac- tice abortions.’’ The August 1984 announcement by President Reagan of what has become known as the ‘‘Mexico City Policy’’ directed the United States Agen- cy 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 Presi- dent Clinton in 1993, reinstated by President George W. Bush in 2001, and rescinded by President Obama in 2009. President Trump substantially expanded these restric- tions 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 restrict- ing our ability to support women’s health and pro- grams that prevent and respond to gender-based vio- lence. 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 con- front serious health challenges such as HIV/AIDS, tu- berculosis, and malaria, among others. Such restric- tions 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 sus- pending, revising, or rescinding, those regulations, con- sistent with applicable law, including the Administra- tive 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 Ad- ministrator 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 con- ditions in assistance awards that were imposed pursu- ant 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 Memo- randum. (e) The Secretary of State and the Secretary of Health and Human Services, in a timely and appro- priate manner, shall withdraw co-sponsorship and sig- nature from the Geneva Consensus Declaration (Dec- laration) 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 to ensure that adequate funds are being directed to sup- port 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 memo- randum. SEC. 3. General Provisions. (a) Nothing in this memo- randum shall be construed to impair or otherwise af- fect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, ad- ministrative, or legislative proposals. Page 1155 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 300 (b) This memorandum shall be implemented con- sistent with applicable law and subject to the avail- ability of appropriations. (c) This memorandum is not intended to, and does not, create any right or benefit, substantive or proce- dural, 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. FURTHER EFFORTS TO PROTECT ACCESS TO REPRODUCTIVE HEALTHCARE SERVICES Memorandum of President of the United States, Jan. 22, 2023, 88 F.R. 4895, provided: Memorandum for the Attorney General[,] the Sec- retary of Health and Human Services[, and] the Sec- retary of Homeland Security 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. Since 2000, the medication mifepristone has been approved by the Food and Drug Administration (FDA) for use in the United States as a safe and effective method to end early pregnancy. The Food and Drug Administration Amendments Act of 2007 (Public Law 110–85) [see Tables for classifica- tion] requires the FDA, working with drug manufactur- ers, to specify conditions for the use of certain drugs after considering six congressionally mandated factors. The Act sets forth a detailed administrative process to develop such conditions for use, known collectively as the Risk Evaluation and Mitigation Strategies (REMS), for individual drugs. Mifepristone has long had a REMS specifying the conditions for its use. On January 3, 2023, the FDA, after an independent and comprehensive review of the risks and benefits of the drug, modified the REMS for mifepristone. The FDA took evidence-based action that supports access to mifepristone by helping ensure that healthcare pro- viders and patients can continue to use telehealth to prescribe and receive mifepristone by mail after the end of the COVID–19 public health emergency. During the COVID–19 public health emergency, the FDA stopped enforcing a prior requirement that mifepristone be dispensed in person, and the FDA’s January 2023 REMS permanently removed the in-per- son dispensing requirement. Additionally, pharmacies can now choose to become certified to dispense mifepristone to patients. These changes seek to reduce the burden on the healthcare delivery system while en- suring the benefits of the medication outweigh the risks. These changes also help ensure that patients can access mifepristone similarly to how they would access other prescribed medications. In the wake of the new REMS for mifepristone, there have been reports of efforts to suppress access to medi- cation abortion. Some State officials have announced that they will impose restrictions to limit access to this evidence-based, safe, and effective medication. In a letter to the FDA, for example, 22 State Attorneys Gen- eral threatened to enforce State laws that purport to interfere with access to mifepristone. In Florida, the Governor recently said that major pharmacy chains in the State will not offer mifepristone. Florida health of- ficials issued guidance discouraging pharmacies from dispensing mifepristone, claiming that State law limits where abortion medication can be provided to hos- pitals, clinics, or physician offices. These actions have stoked confusion, sowed fear, and may prevent patients from accessing safe and effective FDA-approved medi- cation. At the same time, those who provide reproductive healthcare continue to face heightened safety concerns. There are reports that some have vowed to make people uncomfortable entering pharmacies that dispense mifepristone. In Executive Order 14076 of July 8, 2022 (Protecting Access to Reproductive Healthcare Services) [set out above], I directed the Secretary of Health and Human Services (HHS) to identify potential actions to protect and expand access to abortion care, including medica- tion abortion. In that order, I directed the Attorney General and the Secretary of Homeland Security to consider actions, as appropriate and consistent with ap- plicable law, that would protect the safety and security of patients, providers, and third parties, and that would protect the security of pharmacies and other entities providing, dispensing, or delivering reproductive and related healthcare services. Since the issuance of Executive Order 14076, my Ad- ministration has taken steps to clarify the protections available to those who seek reproductive health serv- ices. The Department of Justice announced the forma- tion of a Reproductive Rights Task Force, which, among other things, is focused on evaluating and moni- toring State and local legislation, regulation, and en- forcement actions that threaten to infringe on Federal legal protections relating to the provision or pursuit of reproductive care. HHS has published a report detailing its efforts to protect access to reproductive healthcare, including abortion care; protect patients’ privacy and promote access to accurate information about repro- ductive healthcare services; and ensure that patients receive appropriate medical treatment under the law. Furthermore, HHS has continued taking action to help ensure non-discrimination in healthcare service deliv- ery, including with respect to reproductive healthcare services and pharmacy access. My Administration remains committed to supporting safe access to mifepristone, consistent with applicable law, and defending women’s fundamental freedoms. De- fending and protecting reproductive rights is essential to our Nation’s health, safety, and progress. It is the policy of my Administration to protect against threats to the liberty and autonomy of those who live in this country. SEC. 2. Continuing to Protect Access to FDA-Approved Medication. In light of recent developments and con- sistent with Executive Order 14076, within 60 days of the date of this memorandum [Jan. 22, 2023]: (a) The Secretary of HHS, in consultation with the Attorney General and the Secretary of Homeland Secu- rity, shall consider: (i) issuing guidance for patients seeking legal access to mifepristone, as well as for providers and entities, including pharmacies, that provide reproductive healthcare and seek to legally prescribe and provide mifepristone; and (ii) any further actions, as appropriate and consistent with applicable law, to educate individuals on their ability to seek legal reproductive care, free from threats or violence. (b) The Attorney General, the Secretary of Homeland Security, and the Secretary of HHS shall, as appro- priate, provide the Interagency Task Force on Repro- ductive Healthcare Access, established in Executive Order 14076, with information concerning: (i) potential barriers faced by patients seeking legal access to mifepristone or other reproductive healthcare, as well as by providers and entities, includ- ing pharmacies, that provide reproductive healthcare in providing mifepristone or other reproductive healthcare, and any recommendations for addressing these barriers; and (ii) whether any additional institutional resources may be necessary to address these barriers. SEC. 3. General Provisions. (a) Nothing in this memo- randum shall be construed to impair or otherwise af- fect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This memorandum shall be implemented con- sistent with applicable law and subject to the avail- ability of appropriations. Page 1156 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 300a (c) This memorandum is not intended to, and does not, create any right or benefit, substantive or proce- dural, 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 Attorney General is authorized and directed to publish this memorandum in the Federal Register. J.R. BIDEN, JR. § 300a. Formula grants to States for family plan- ning 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 sub- mitted, 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 allot- ments The sums appropriated to carry out the provi- sions of this section shall be allotted to the States by the Secretary on the basis of the popu- lation 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 Dis- trict 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 in- clude Northern Mariana Islands. 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 Is- lands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. § 300a–1. Training grants and contracts; author- ization of appropriations (a) The Secretary is authorized to make grants to public or nonprofit private entities and to enter into contracts with public or pri- vate entities and individuals to provide the training for personnel to carry out family plan- ning service programs described in section 300 or 300a of this title. (b) For the purpose of making payments pur- suant to grants and contracts under this sec- tion, 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 fis- cal 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 Sep- tember 30, 1982; $3,200,000 for the fiscal year end- ing 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. (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.) 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- 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 au- thorizing appropriations for fiscal years ending June 30, 1975, 1976, and 1977.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 41 — Federal Trade Commission established; membership; vacancies; seal

A commission is created and established, to be known as the Federal Trade Commission (hereinafter referred to as the Commission), which shall be composed of five Commissioners, who shall be appointed by the President, by and with the advice and consent of the Senate. Not more than three of the Commissioners shall be members of the same political party. The first Commissioners appointed shall continue in office for terms of three, four, five, six, and seven years, respectively, from September 26, 1914, the term of each to be designated by the President, but their successors shall be appointed for terms of seven years, except that any person chosen to fill a vacancy shall be appointed only for the unexpired term of the Commissioner whom he shall succeed: Provided, however, That upon the expiration of his term of office a Commissioner shall continue to serve until his successor shall have been appointed and shall have qualified..11 So in original. The President shall choose a chairman from the Commission’s membership. No Commissioner shall engage in any other business, vocation, or employment. Any Commissioner may be removed by the President for inefficiency, neglect of duty, or malfeasance in office. A vacancy in the Commission shall not impair the right of the remaining Commissioners to exercise all the powers of the Commission.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 41 — Federal Trade Commission established;

Page 48 TITLE 15—COMMERCE AND TRADE § 41 1 So in original. Sec. 74. Rules and regulations. 75. Retaliation against country prohibiting im- portations. 76. Retaliation against restriction of importa- tions in time of war. 77. Discrimination against neutral Americans in time of war. SUBCHAPTER I—FEDERAL TRADE COMMISSION § 41. Federal Trade Commission established; membership; vacancies; seal A commission is created and established, to be known as the Federal Trade Commission (here- inafter referred to as the Commission), which shall be composed of five Commissioners, who shall be appointed by the President, by and with the advice and consent of the Senate. Not more than three of the Commissioners shall be mem- bers of the same political party. The first Com- missioners appointed shall continue in office for terms of three, four, five, six, and seven years, respectively, from September 26, 1914, the term of each to be designated by the President, but their successors shall be appointed for terms of seven years, except that any person chosen to fill a vacancy shall be appointed only for the un- expired term of the Commissioner whom he shall succeed: Provided, however, That upon the expiration of his term of office a Commissioner shall continue to serve until his successor shall have been appointed and shall have qualified..1 The President shall choose a chairman from the Commission’s membership. No Commissioner shall engage in any other business, vocation, or employment. Any Commissioner may be re- moved by the President for inefficiency, neglect of duty, or malfeasance in office. A vacancy in the Commission shall not impair the right of the remaining Commissioners to exercise all the powers of the Commission. The Commission shall have a

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 794 — Disability, Independent Living, and Rehabilitation Research Advisory Council

**(a) Establishment** Subject to the availability of appropriations, the Secretary shall establish in the Department of Health and Human Services a Disability, Independent Living, and Rehabilitation Research Advisory Council (referred to in this section as the “Council”) composed of not less than 12 members appointed by the Secretary. **(b) Duties** The Council shall advise the Director with respect to research priorities and the development and revision of the 5-year plan required by [section 762(h) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section762/h&num=0&edition=prelim). **(c) Qualifications** Members of the Council shall be generally representative of the community of disability, independent living, and rehabilitation professionals, the community of disability, independent living, and rehabilitation researchers, the directors of independent living centers and community rehabilitation programs, the business community (including a representative of the small business community) that has experience with the system of vocational rehabilitation services and independent living services carried out under this chapter and with hiring individuals with disabilities, the community of stakeholders involved in assistive technology, the community of covered school professionals, and the community of individuals with disabilities, and the individuals’ representatives. At least one-half of the members shall be individuals with disabilities or the individuals’ representatives. **(d) Terms of appointment** (1) **Length of term** — Each member of the Council shall serve for a term of up to 3 years, determined by the Secretary, except that— (A) a member appointed to fill a vacancy occurring prior to the expiration of the term for whic

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 794 — Nondiscrimination under Federal grants

Page 300 TITLE 29—LABOR § 794 1 See References in Text note below. ‘‘handicapped individuals’’ and ‘‘section 706(8) of this title’’ for ‘‘section 706(7) of this title’’. Subsec. (b). Pub. L. 99–506, §§ 103(d)(2)(B), (C), 1001(f)(2), substituted ‘‘individual with handicaps’’ for ‘‘handicapped individual’’, ‘‘individuals with handi- caps’’ for ‘‘handicapped individuals’’, and ‘‘a contract’’ for ‘‘his contract’’. Subsec. (c). Pub. L. 99–506, § 1001(f)(3), substituted ‘‘The President’’ for ‘‘he’’ in two places and substituted ‘‘the reasons’’ for ‘‘his reasons’’. 1978—Subsec. (a). Pub. L. 95–602 substituted ‘‘section 706(7) of this title’’ for ‘‘section 706(6) of this title’’. § 794. Nondiscrimination under Federal grants and programs (a) Promulgation of rules and regulations No otherwise qualified individual with a dis- ability in the United States, as defined in sec- tion 705(20) of this title, shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assist- ance or under any program or activity con- ducted by any Executive agency or by the United States Postal Service. The head of each such agency shall promulgate such regulations as may be necessary to carry out the amend- ments to this section made by the Rehabilita- tion, Comprehensive Services, and Develop- mental Disabilities Act of 1978. Copies of any proposed regulation shall be submitted to appro- priate authorizing committees of the Congress, and such regulation may take effect no earlier than the thirtieth day after the date on which such regulation is so submitted to such commit- tees. (b) ‘‘Program or activity’’ defined For the

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1395dd — Definitions

For purposes of this subchapter— **(a) Spell of illness** The term “spell of illness” with respect to any individual means a period of consecutive days— (1) beginning with the first day (not included in a previous spell of illness) (A) on which such individual is furnished inpatient hospital services, inpatient critical access hospital services or extended care services, and (B) which occurs in a month for which he is entitled to benefits under part A, and (2) ending with the close of the first period of 60 consecutive days thereafter on each of which he is neither an inpatient of a hospital or critical access hospital nor an inpatient of a facility described in [section 1395i–3(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395i–3/a/1&num=0&edition=prelim) or subsection (y)(1). **(b) Inpatient hospital services** The term “inpatient hospital services” means the following items and services furnished to an inpatient of a hospital and (except as provided in paragraph (3)) by the hospital— (1) bed and board; (2) such nursing services and other related services, such use of hospital facilities, and such medical social services as are ordinarily furnished by the hospital for the care and treatment of inpatients, and such drugs, biologicals, supplies, appliances, and equipment, for use in the hospital, as are ordinarily furnished by such hospital for the care and treatment of inpatients; and (3) such other diagnostic or therapeutic items or services, furnished by the hospital or by others under arrangements with them made by the hospital, as are ordinarily furnished to inpatients either by such hospital or by others under such arrangements; (4) medical or surgical services provided by a physician, resident, or intern

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1395dd

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1395dd — Examination and treatment for emer-

Page 3663 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1395dd 1 So in original. Probably should be followed by a comma. § 1395dd. Examination and treatment for emer- gency medical conditions and women in labor (a) Medical screening requirement In the case of a hospital that has a hospital emergency department, if any individual (whether or not eligible for benefits under this subchapter) comes to the emergency department and a request is made on the individual’s behalf for examination or treatment for a medical con- dition, the hospital must provide for an appro- priate medical screening examination within the capability of the hospital’s emergency depart- ment, including ancillary services routinely available to the emergency department, to de- termine whether or not an emergency medical condition (within the meaning of subsection (e)(1)) exists. (b) Necessary stabilizing treatment for emer- gency medical conditions and labor (1) In general If any individual (whether or not eligible for benefits under this subchapter) comes to a hospital and the hospital determines that the individual has an emergency medical condi- tion, the hospital must provide either— (A) within the staff and facilities available at the hospital, for such further medical ex- amination and such treatment as may be re- quired to stabilize the medical condition, or (B) for transfer of the individual to an- other medical facility in accordance with subsection (c). (2) Refusal to consent to treatment A hospital is deemed to meet the require- ment of paragraph (1)(A) with respect to an in- dividual if the hospital offers the individual the further medical examination and treat- ment described in that paragraph and informs the individual (or a person acting on the indi- vidual’s

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 1395dd

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 18116 — Nondiscrimination

**(a) In general** Except as otherwise provided for in this title 11 See References in Text note below. (or an amendment made by this title),1 an individual shall not, on the ground prohibited under title VI of the Civil Rights Act of 1964 ([42 U.S.C. 2000d](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000d&num=0&edition=prelim) et seq.), title IX of the Education Amendments of 1972 ([20 U.S.C. 1681](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1681&num=0&edition=prelim) et seq.), the Age Discrimination Act of 1975 ([42 U.S.C. 6101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6101&num=0&edition=prelim) et seq.), or [section 794 of title 29](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section794&num=0&edition=prelim), be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any health program or activity, any part of which is receiving Federal financial assistance, including credits, subsidies, or contracts of insurance, or under any program or activity that is administered by an Executive Agency or any entity established under this title 1 (or amendments). The enforcement mechanisms provided for and available under such title VI, title IX, section 794, or such Age Discrimination Act shall apply for purposes of violations of this subsection. **(b) Continued application of laws** Nothing in this title 1 (or an amendment made by this title) 1 shall be construed to invalidate or limit the rights, remedies, procedures, or legal standards available to individuals aggrieved under title VI of the Civil Rights Act of 1964 ([42 U.S.C. 2000d](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-sectio

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 18116

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 18116 — Nondiscrimination

Page 9140 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 18115 1 See References in Text note below. 1 See References in Text note below. 1 See References in Text note below. (Pub. L. 111–148, title I, § 1554, Mar. 23, 2010, 124 Stat. 259.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is Pub. L. 111–148, Mar. 23, 2010, 124 Stat. 119, known as the Patient Protection and Affordable Care Act. For complete classification of this Act to the Code, see Short Title note set out under section 18001 of this title and Tables. § 18115. Freedom not to participate in Federal health insurance programs No individual, company, business, nonprofit entity, or health insurance issuer offering group or individual health insurance coverage shall be required to participate in any Federal health in- surance program created under this Act (or any amendments made by this Act), or in any Fed- eral health insurance program expanded by this Act (or any such amendments), and there shall be no penalty or fine imposed upon any such issuer for choosing not to participate in such programs. (Pub. L. 111–148, title I, § 1555, Mar. 23, 2010, 124 Stat. 260.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is Pub. L. 111–148, Mar. 23, 2010, 124 Stat. 119, known as the Patient Protection and Affordable Care Act. For complete classification of this Act to the Code, see Short Title note set out under section 18001 of this title and Tables. § 18116. Nondiscrimination (a) In general Except as otherwise provided for in this title 1 (or an amendment made by this title),1 an indi- vidual shall not, on the ground prohibited under title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX of the Education Amend- ments of 1972 (20 U.S.

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 18116

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 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 11 So in original. Probably should be “family”. 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 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 re

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Federal law — U.S. Code and appendices · legal_authorities

44 U.S.C. § 3502 — Definitions

As used in this subchapter— (1) the term “agency” means any executive department, military department, Government corporation, Government controlled corporation, or other establishment in the executive branch of the Government (including the Executive Office of the President), or any independent regulatory agency, but does not include— (A) the Government Accountability Office; (B) Federal Election Commission; (C) the governments of the District of Columbia and of the territories and possessions of the United States, and their various subdivisions; or (D) Government-owned contractor-operated facilities, including laboratories engaged in national defense research and production activities; (2) the term “burden” means time, effort, or financial resources expended by persons to generate, maintain, or provide information to or for a Federal agency, including the resources expended for— (A) reviewing instructions; (B) acquiring, installing, and utilizing technology and systems; (C) adjusting the existing ways to comply with any previously applicable instructions and requirements; (D) searching data sources; (E) completing and reviewing the collection of information; and (F) transmitting, or otherwise disclosing the information; (3) the term “collection of information”— (A) means the obtaining, causing to be obtained, soliciting, or requiring the disclosure to third parties or the public, of facts or opinions by or for an agency, regardless of form or format, calling for either— (i) answers to identical questions posed to, or identical reporting or recordkeeping requirements imposed on, ten or more persons, other than agencies, instrumentalities, or employees of the United States; or (ii) answers to questions posed to agencies, ins

Source: Supplied U.S. Code snapshot — release unconfirmed · 44 U.S.C. § 3502

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