I

105TH CONGRESS

1ST SESSION H. R. 581

To amend Public Law 104–208 to provide that the President may make

funds appropriated for population planning and other population assistance available on March 1, 1997, subject to restrictions on assistance

to foreign organizations that perform or actively promote abortions.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 4, 1997

Mr. SMITH of New Jersey (for himself, Mr. OBERSTAR, and Mr. HYDE) introduced the following bill; which was referred to the Committee on International Relations, and in addition to the Committee on Appropriations,

for a period to be subsequently determined by the Speaker, in each case

for consideration of such provisions as fall within the jurisdiction of the

committee concerned

A BILL

To amend Public Law 104–208 to provide that the President

may make funds appropriated for population planning

and other population assistance available on March 1,

1997, subject to restrictions on assistance to foreign

organizations that perform or actively promote abortions.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 (a) SHORT TITLE.—This Act may be cited as the

4 ‘‘Family Planning Facilitation and Abortion Funding Re5 striction Act of 1997’’.
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1 (b) AMENDMENTS TO PUBLIC LAW 104–208.—Sec2 tion 518A of subsection 101(c) of Public Law 104–208

3 is amended—

4 (1) in subsection (a), by deleting, ‘‘July 1,

5 1997’’ and inserting ‘‘March 1, 1997’’;

6 (2) in subsection (c), by deleting ‘‘Such funds

7 may be apportioned only on a monthly basis, and

8 such monthly apportionments may not exceed 8 per9 cent of the total available for such activities.’’ and

10 inserting ‘‘Subjects to the provision of subsection

11 (b), such funds may be made available in such

12 amounts as the President shall determine to be most

13 conducive to the proper functioning of the popu14 lation planning program.’’; and

15 (3) by adding the following new subsection:

16 ‘‘(f) RESTRICTION ON ASSISTANCE TO FOREIGN OR17 GANIZATIONS THAT PERFORM OR ACTIVELY PROMOTE

18 ABORTIONS.—

19 ‘‘(1) PERFORMANCE OF ABORTIONS.—

20 ‘‘(A) Notwithstanding any provision of law,

21 no funds appropriated for population planning

22 activities or other population assistance may be

23 made available for any foreign private, non24 governmental, or multilateral organization until

25 the organization certifies that it will not, during
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1 the period for which the funds are made avail2 able, perform abortions in any foreign country,

3 except where the life of the mother would be en4 dangered if the pregnancy were carried to term

5 or in cases of forcible rape or incest.

6 ‘‘(B) Paragraph (a) may not be construed

7 to apply to the treatment of injuries or illnesses

8 caused by legal or illegal abortions or to assist9 ance provided directly to the government of a

10 country.

11 ‘‘(2) LOBBYING ACTIVITIES.—

12 ‘‘(A) Notwithstanding any provisions of

13 law, no funds appropriated for population plan14 ning activities or other population assistance

15 may be made available for any foreign private,

16 nongovernmental, or multilateral organization

17 until the organization certifies that it will not,

18 during the period for which the funds are made

19 available, violate the laws of any foreign coun20 try concerning the circumstances under which

21 abortion is permitted, regulated, or prohibited,

22 or engage in any activity or effort to alter the

23 laws or governmental policies of any foreign

24 country concerning the circumstances under

25 which is permitted, regulated, or prohibited.
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1 ‘‘(B) Paragraph (a) shall not apply to ac2 tivities in opposition to coercive abortion or in3 voluntary sterilization.

4 ‘‘(3) The prohibitions of this subsection apply

5 to funds made available to a foreign organization ei6 ther directly or as a subcontractor or subgrantee,

7 and the required certifications apply to activities in

8 which the organization engages either directly or

9 through a subcontractor or subgrantee.’’.

Æ