    [Weekly Compilation of Presidential Documents Volume 29, Number 3 (Monday, January 25, 1993)]
    [Pages 87-88]
    [Online from the Government Publishing Office, www.gpo.gov]

    <R04>
    Memorandum on the Title X ``Gag Rule''

     January 22, 1993

    Memorandum for the Secretary of Health and Human Services

    Subject: The Title X ``Gag Rule''

        Title X of the Public Health Services Act 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

    [[Page 88]]

    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. 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