Statement of Administration Policy: S. 323 - Title X Pregnancy Counseling Act of 1991

(Senate)
(Chafee (R) RI and 44 others)

S. 323 would require the use of title X family planning dollars for counseling on, and referral for, abortion. In addition, by negating current regulations, it would continue the practice of minors being counseled and referred for abortions without parental consent. Under current regulations, pregnant women who seek services from title X funded projects are appropriately referred for counseling to qualified providers.

In addition, all Committee-sponsored versions of S. 323 that we have reviewed contain other very significant defects. The Committee-passed bill would require all title X projects to counsel women regarding abortion, even if the project or project employee has religious or moral objections to abortion. This is impossible to reconcile with the legislation sponsors' stated free speech concerns. A proposed Committee substitute seeks to cure this defect, but in so doing, creates a problem in the opposite direction. It would permit a title X project or project employee only to counsel abortion, rather than also presenting other options in a neutral manner, if presenting the additional options neutrally were contrary to the projects's or project employee's religious or moral views, although the project or project employee would be required to refer a pregnant woman to another provider concerning the options not counseled.

In a June 4, 1991, letter to Majority Leader Mitchell and Republican Leader Dole, the President stated that he would veto any legislation that weakens current law or existing regulations for abortion-related activities. His intention is to ensure that no Federal funds are used to support abortion. If S. 323 is presented to the President in its current form, he will veto it.

The Administration is not in any respect seeking to impose a so- called "gag rule." The Administration remains committed to the protection of free speech. As the Supreme Court noted in upholding the regulations, "[T]he title X program regulations do not significantly impinge upon the doctor-patient relationship. Nothing in them requires a doctor to represent as his own any opinion that he does not in fact hold."

The Administration seeks to ensure the integrity of title X as a pre-pregnancy family planning program and also ensure that women who are pregnant are referred to providers that can ensure continuity of care. Accordingly, the Administration urges that S. 323 be so amended.

The President will accept a bill only if it is consistent with the above principles.