[Congressional Record Volume 152, Number 7 (Friday, January 27, 2006)]
[Senate]
[Page S250]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. VITTER (for himself, Mr. Santorum, and Mr. DeMint):
  S. 2206. A bill to amend title X of the Public Health Service Act to 
prohibit family planning grants from being awarded to any entity that 
performs abortions; to the Committee on Health, Education, Labor, and 
Pensions.
  Mr. VITTER. Mr. President, I would like to offer my comments in 
support of The Title X Family Planning Act, which I introduced today. I 
am very pleased to have Senator Santorum and Senator DeMint join me as 
original co-sponsors of this very important legislation. The Title X 
Family Planning Act prohibits the distribution of taxpayer dollars, 
through Title X family planning funds, to those that provide abortions. 
I believe that this important legislation is very timely, because this 
week thousands of pro-life advocates gathered in our Nation's capital 
for the March for Life, some of which came all the way from my home 
State of Louisiana.
  In 1970, Congress enacted Title X of the Public Health Service Act, 
which is a program designed to make contraceptive supplies and family 
planning services available to those unable to afford them without 
government assistance. Originally, family planning services were not 
allowed to include abortions, and currently, Federal dollars cannot 
directly fund abortions.
  Current law prohibits the use of Title X family planning funds ``in 
programs where abortion is a method of family planning''; and current 
regulations require some form of separation between federally-funded 
family planning services and abortions. 42 U.S.C. 300a-6 (1970). 
However, the current regulations do not contain a descriptive standard 
of what constitutes ``separation.'' 42 CFR part 59 (2000). It only 
requires that these activities be separated by something more than mere 
bookkeeping.
  This level of separation--separation of accounting records and 
separation of facilities within the same building--is not enough. When 
Title X money goes to clinics that perform abortions, even though the 
money cannot directly fund abortions it is being used to indirectly 
facilitate abortions. For example, abortion providers are using Title X 
funding to offset operational costs, which, therefore, frees them to 
use monies that would otherwise be allocated to operational costs, 
towards funding abortion.
  The Title X Family Planning Act would restore the original intent of 
Title X by prohibiting the distribution of Title X family planning 
money to grantees that perform abortions and to grantees whose 
subgrantees perform abortions, unless a physician certifies that the 
abortion is necessary to save the life of the mother. The bill 
specifically exempts hospitals. In order to ensure that grantees who 
provide abortions do not obtain funding, the bill also requires the 
Secretary of Health and Human Services to give to Congress a list of 
grantees that provided abortions in the preceding fiscal year. Grantees 
that appear on the list would not be eligible to receive Title X family 
planning funds, unless the grantee submits a certification to the 
Secretary of Health and Human Services that neither the grantee nor its 
subgrantees perform abortions.
  The rationale behind this prohibition is simple: when abortion is so 
divisive an issue, when so many Americans have grave moral reservations 
about it, why should we sustain and underwrite private abortion 
providers with taxpayer funds?
  The Title X Family Planning Act denies no one family planning 
services. In every locality where a private abortion provider is 
receiving Title X funds, there are alternative sources for family 
planning services, inducing both public agencies and private agencies 
that do not offer abortions.
  The Title X Family Planning Act does not cut one penny from family 
planning funds. It only ensures that those funds are used for actual 
family planning services.
  The Title X Family Planning Act does not infringe upon the right to 
free speech. In fact, it does not contain language regarding 
counseling, advocacy, information or expression.
  The Title X Family Planning Act does prevent our Federal tax dollars 
from going to abortion providers. It will save the lives of millions of 
unborn children. I ask my colleagues to join Senator Santorum, Senator 
DeMint, and myself in supporting this bill, because the U.S Government 
should not force taxpayers, many of whom are anti-abortion, to fund 
abortion.

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