US Laws, Codes, Statutes & Cases

From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 42USC300]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
   SUBCHAPTER VIII--POPULATION RESEARCH AND VOLUNTARY FAMILY PLANNING 
                                PROGRAMS
 
Sec. 300. Project grants and contracts for family planning 
        services
        

(a) Authority of Secretary

    The Secretary is authorized to make grants to and enter into 
contracts with public or nonprofit private entities to assist in the 
establishment and operation of voluntary family planning projects which 
shall offer a broad range of acceptable and effective family planning 
methods and services (including natural family planning methods, 
infertility services, and services for adolescents). To the extent 
practical, entities which receive grants or contracts under this 
subsection shall encourage familiy \1\ participation in projects 
assisted under this subsection.
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    \1\ So in original. Probably should be ``family''.
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(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) of this section, may reduce the amount of such grant by 
the fair market value of any supplies or equipment furnished the grant 
recipient by the Secretary. The amount by which any such grant is so 
reduced shall be available for payment by the Secretary of the costs 
incurred in furnishing the supplies or equipment on which the reduction 
of such grant is based. Such amount shall be deemed as part of the grant 
and shall be deemed to have been paid to the grant recipient.

(d) Authorization of appropriations

    For the purpose of making grants and contracts under this section, 
there are authorized to be appropriated $30,000,000 for the fiscal year 
ending June 30, 1971; $60,000,000 for the fiscal year ending June 30, 
1972; $111,500,000 for the fiscal year ending June 30, 1973, 
$111,500,000 each for the fiscal years ending June 30, 1974, and June 
30, 1975; $115,000,000 for fiscal year 1976; $115,000,000 for the fiscal 
year ending September 30, 1977; $136,400,000 for the fiscal year ending 
September 30, 1978; $200,000,000 for the fiscal year ending September 
30, 1979; $230,000,000 for the fiscal year ending September 30, 1980; 
$264,500,000 for the fiscal year ending September 30, 1981; $126,510,000 
for the fiscal year ending September 30, 1982; $139,200,000 for the 
fiscal year ending September 30, 1983; $150,830,000 for the fiscal year 
ending September 30, 1984; and $158,400,000 for the fiscal year ending 
September 30, 1985.

(July 1, 1944, ch. 373, title X, Sec. 1001, as added Pub. L. 91-572, 
Sec. 6(c), Dec. 24, 1970, 84 Stat. 1506; amended Pub. L. 92-449, title 
III, Sec. 301, Sept. 30, 1972, 86 Stat. 754; Pub. L. 93-45, title I, 
Sec. 111(a), June 18, 1973, 87 Stat. 93; Pub. L. 94-63, title II, 
Secs. 202(a), 204(a), (b), title VII, Sec. 701(d), July 29, 1975, 89 
Stat. 306-308, 352; Pub. L. 95-83, title III, Sec. 305(a), Aug. 1, 1977, 
91 Stat. 388; Pub. L. 95-613, Sec. 1(a)(1), (b)(1), Nov. 8, 1978, 92 
Stat. 3093; Pub. L 97-35, title IX, Sec. 931(a)(1), (b)(1), Aug. 13, 
1981, 95 Stat. 570; Pub. L. 97-414, Secs. 8(n), 9(a), Jan. 4, 1983, 96 
Stat. 2061, 2064; Pub. L. 98-512, Sec. 3(a), Oct. 19, 1984, 98 Stat. 
2409; Pub. L. 98-555, Sec. 9, Oct. 30, 1984, 98 Stat. 2857.)


                               Amendments

    1984--Subsec. (c). Pub. L. 98-555 added subsec. (c). Former subsec. 
(c) redesignated (d).
    Pub. L. 98-512 inserted provisions authorizing appropriations for 
the fiscal year ending Sept. 30, 1985.
    Subsec. (d). Pub. L. 98-555 redesignated former subsec. (c) as (d).
    1983--Subsec. (c). Pub. L. 97-414, Sec. 8(n), substituted a 
semicolon for a comma after ``1981''.
    Pub. L. 97-414, Sec. 9(a), amended directory language of Pub. L. 97-
35, Sec. 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, Sec. 931(b)(1), inserted 
provisions relating to family participation in projects.
    Subsec. (c). Pub. L. 97-35, Sec. 931(a)(1), as amended by Pub. L. 
97-414, Sec. 9(a), inserted provisions authorizing appropriations for 
fiscal years ending Sept. 30, 1982, 1983, and 1984.
    1978--Subsec. (a). Pub. L. 95-613, Sec. 1(a)(1), inserted provisions 
relating to infertility services and services for adolescents.
    Subsec. (c). Pub. L. 95-613, Sec. 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, Sec. 204(a), inserted provision 
relating to scope of family planning projects to be offered.
    Subsec. (b). Pub. L. 94-63, Sec. 204(b), inserted provision relating 
to direct grants and contracts for local and regional entities.
    Subsec. (c). Pub. L. 94-63, Secs. 202(a), 701(d), inserted 
provisions authorizing appropriations for fiscal years ending June 30, 
1975, 1976, and 1977.
    1973--Subsec. (c). Pub. L. 93-45 inserted provisions authorizing 
appropriations for fiscal year ending June 30, 1974.
    1972--Subsec. (c). Pub. L. 92-449 increased appropriations 
authorization for fiscal year ending June 30, 1973, to $111,500,000 from 
$90,000,000.


                    Effective Date of 1975 Amendment

    Amendment by sections 202(a) and 204(a), (b) of Pub. L. 94-63 
effective July 1, 1975, see section 608 of Pub. L. 94-63, set out as a 
note under section 247b of this title.


     Study as to Discrimination by Schools of Medicine, Nursing, or 
 Osteopathy Against Applicants Because of Reluctance or Willingness To 
   Participate in Abortions or Sterilizations; Report Not Later Than 
                            February 1, 1978

    Pub. L. 95-215, Sec. 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

    Section 2 of Pub. L. 91-572 provided that: ``It is the purpose of 
this Act [see Short Title of 1970 Amendment note set out under section 
201 of this title]--
        ``(1) to assist in making comprehensive voluntary family 
    planning services readily available to all persons desiring such 
    services;
        ``(2) to coordinate domestic population and family planning 
    research with the present and future needs of family planning 
    programs;
        ``(3) to improve administrative and operational supervision of 
    domestic family planning services and of population research 
    programs related to such services;
        ``(4) to enable public and nonprofit private entities to plan 
    and develop comprehensive programs of family planning services;
        ``(5) to develop and make readily available information 
    (including educational materials) on family planning and population 
    growth to all persons desiring such information;
        ``(6) to evaluate and improve the effectiveness of family 
    planning service programs and of population research;
        ``(7) to assist in providing trained manpower needed to 
    effectively carry out programs of population research and family 
    planning services; and
        ``(8) to establish an Office of Population Affairs in the 
    Department of Health, Education, and Welfare as a primary focus 
    within the Federal Government on 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 F.R. 
7455, provided:
    Memorandum for the Secretary of Health and Human Services
    Title X of the Public Health Services Act [42 U.S.C. 300 et seq.] 
provides Federal funding for family planning clinics to provide services 
for low-income patients. The Act specifies that Title X funds may not be 
used for the performance of abortions, but places no restrictions on the 
ability of clinics that receive Title X funds to provide abortion 
counseling and referrals or to perform abortions using non-Title X 
funds. During the first 18 years of the program, medical professionals 
at Title X clinics provided complete, uncensored information, including 
nondirective abortion counseling. In February 1988, the Department of 
Health and Human Services adopted regulations, which have become known 
as the ``Gag Rule,'' prohibiting Title X recipients from providing their 
patients with information, counseling, or referrals concerning abortion. 
Subsequent attempts by the Bush Administration to modify the Gag Rule 
and ensuing litigation have created confusion and uncertainty about the 
current legal status of the regulations.
    The Gag Rule endangers women's lives and health by preventing them 
from receiving complete and accurate medical information and interferes 
with the doctor-patient relationship by prohibiting information that 
medical professionals are otherwise ethically and legally required to 
provide to their patients. Furthermore, the Gag Rule contravenes the 
clear intent of a majority of the members of both the United States 
Senate and House of Representatives, which twice passed legislation to 
block the Gag Rule's enforcement but failed to override Presidential 
vetoes.
    For these reasons, you have informed me that you will suspend the 
Gag Rule pending the promulgation of new regulations in accordance with 
the ``notice and comment'' procedures of the Administrative Procedure 
Act [5 U.S.C. 551 et seq.]. I hereby direct you to take that action as 
soon as possible. I further direct that, within 30 days, you publish in 
the Federal Register new proposed regulations for public comment.
    You are hereby authorized and directed to publish this memorandum in 
the Federal Register.
                                                     William J. Clinton.

                  Section Referred to in Other Sections

    This section is referred to in sections 247c-1, 254c-6, 256b, 256d, 
300a-1, 300a-4, 300ff-52 of this title.