Notes on 42 U.S.C. § 300 : US Code - Notes

Search Notes on 42 U.S.C. § 300 : US Code - Notes

(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.
(!1) So in original. Probably should be "family".