Project 2025 Tracker / What’s done, what’s next

14. Department of Health and Human Services · Major

Rescind the Biden Title X rule and reinstate the Trump Title X rule

Attempted

Printed page 491 14. Department of Health and Human Services

“HHS should rescind the Biden Administration’s regulation and reinstate the Trump Administration regulation for the program. It should also do this quickly (the Biden Administration completed its regulatory process and issued a final rule in less than nine months) and expand the potential grantee population beyond abortion providers like Planned Parenthood.”

What has happened

  1. Attempted

    HHS has formally scheduled the rulemaking this ask names, and nothing has changed on the ground. The 2026 Unified Agenda, published 2026-08-14, carries HHS/OASH RIN 0937-AA15, "Compliance with Title X Statutory Program Integrity Requirements", at Proposed Rule Stage against 42 CFR part 59 subpart A, with a proposed rule listed for 07/2026 and none published. Its abstract - "This NPRM proposes to ensure HHS's Title X regulation complies with statutorily mandated program integrity requirements" - is the title and the frame of the 2019 Trump regulation the Quote asks HHS to reinstate. The 2021 Biden rule is still the governing regulation: HHS's Office of Population Affairs presents it as current at 42 CFR part 59 and lists no Program Policy Notice later than 2024, and no proposed or final rule rescinding it or reinstating the 2019 rule has appeared in the Federal Register since 2025-01-20. A dated agenda entry naming the ask's object is `attempted` and never more (playbook §3b, settled 2026-09-01); only a published NPRM would climb further. The Quote's third limb - expanding the grantee population beyond abortion providers - is not mentioned in the entry.

Research log

What was searched, and what didn’t count as evidence

Research notes

  • Negative searches run 2026-08-27: Federal Register full-text “Title X” (HHS, since 2025-01-20) — 4 documents, none about the family planning regulation (a 340B information collection, a PRWORA “federal public benefit” notice, a Medicaid rule and an HRSA collection); “family planning” (HHS, since 2025-01-20) — 15 documents, none a Title X rulemaking; among the final and proposed rules we keep and search, titles matching “Title X” or “Family Planning” — no HHS family planning rule in the window.

  • Read but not citable as a dated Status event: OPA’s own pages https://opa.hhs.gov/grant-programs/title-x-service-grants/title-x-statutes-regulations-and-legislative-mandates, https://opa.hhs.gov/2021TitleXRule and https://opa.hhs.gov/grant-programs/title-x-service-grants/about-title-x-service-grants/program-policy-notices, all fetched on 2026-08-27. They carry no publication date of their own, so they support the negative finding in prose rather than as an Evidence item.

  • Correction of an earlier finding, made 2026-09-01 on a check of HHS’s regulatory agenda. The search of 2026-08-27 recorded a not started event on the strength of the Federal Register negative above. The same work then found, incidentally and after that event was written, that HHS carries RIN 0937-AA15, Compliance with Title X Statutory Program Integrity Requirements, at Proposed Rule Stage on the 2026 Unified Agenda — and left the Status alone because whether an agenda entry counts as attempted was then unsettled. That was settled on review on 2026-09-01: a dated agenda entry naming the ask’s object is attempted. The agenda was published 2026-08-14, before the stale not started event of 2026-08-27, so this is a correction and not a sequence: a later finding of evidence an earlier search missed replaces the stale event rather than following it, which is why the not started event no longer appears above. Its reasoning is preserved here, and its Federal Register negative is restated inside the new event’s note — it remains true as written, because no rule has appeared. The entry was re-read on 2026-09-01 against the full HHS agenda on reginfo.gov (183 active RINs), not the abbreviated version the Federal Register prints, which is the document the 2026-08-27 negative should have used. No proposed rule for this RIN is among the proposed rules we keep and search, so the item’s rung comes from the agenda entry and nothing else. Leveled with #777, #1259, #779, #796, #1327 and #1392, which take attempted the same way.

  • What did happen instead, recorded as a lead: HHS withheld Title X service grants from a group of grantees including Planned Parenthood affiliates for much of 2025 and later restored them in the face of litigation. The grant actions are announced on hhs.gov (which refused to open for us) and reported by NPR at https://www.npr.org/2026/03/17/nx-s1-5745199/title-x-birth-control-sti-clinics-trump-rfk-jr-hhs-house-dems (surfaced in search, not opened). Withholding grants is not the rulemaking this Recommendation asks for.

Action
rescind
Object
Biden Title X family planning regulation
ID
1373