(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),
(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),
(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.)
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.
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),
, 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.
Effective Date of 1975 Amendment
Amendment by sections 202(a) and 204(a), (b) ofPub. L. 94–63
effective July 1, 1975, see section 608 ofPub. L. 94–63
, set out as a note under section
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
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 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.”
The Title X “Gag Rule”
Memorandum of President of the United States, Jan. 22, 1993, 58
Memorandum for the Secretary of Health and Human Services
Title X of the Public Health Services Act [42
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 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
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.