Statement of Administration Policy: H.R. 3090 - Family Planning Amendments Act of 1992

(House Rules) and SENT to House on 4/30/92 (Waxman (D) CA)

H.R. 3090 would require the use of title X family planning dollars for counseling on, and referral for abortion. Since 1988, HHS has had in place regulations prohibiting the use of title X family planning money for such purposes. These regulations have been upheld by the Supreme Court against First Amendment challenge. H.R. 3090 would override these regulations by requiring that title X programs provide abortion counseling and referral. This is totally alien to the mission of the program. As the Administration has made clear in the past, the 1988 regulations are essential to protecting the integrity of title X as a pre-pregnancy family planning program and implementing title X's mandate that "[n]one of the funds appropriated under this title shall be used in programs where abortion is a method of family planning." Therefore, if H.R. 3090 were presented to the President in its current form, his senior advisers would recommend a veto.

Regarding the current regulations, contrary to the concerns that some have expressed, the President has made clear that "[n]othing in these regulations is to prevent a woman from receiving complete medical information about her condition from a physician." The implementation guidance issued by the Department of Health and Human Services is consistent with this directive. It also ensures that pregnant women who seek services from title X-funded projects will be appropriately referred to qualified providers for prenatal care and other social services, including counseling.

In contrast, as noted above, H.R. 3090's requirement that title X programs provide abortion counseling and referral is totally alien to the mission of the program. Moreover, it would compel all grantees to provide abortion counseling regardless of their moral or religious convictions. Finally, it would continue the practice that preceded the current regulations of minors being counseled and referred for abortions without any parental notification.

The Administration strongly supports family planning. It urges the House to act on the Administration's draft legislation transmitted to Congress on February 25, 1991. This alternative legislation would end the long stalemate over reauthorization of this program and make possible the appropriation of additional funds for title X called for in the President's FY 1993 Budget.