Program Letter 22-2
Reproductive Services
- (pdf)
Ronald S. Flagg, President
August 24, 2022
Summary
In Dobbs v. Jackson Women's Health Organization, No. 19-1392, 597 U.S. ___ (2022), the U.S. Supreme Court held that the United States Constitution does not confer a right to abortion. This decision does not affect how 快猫视频 grant recipients may spend 快猫视频 funds. 快猫视频 funding has long been subject to statutory restrictions that prohibit grant recipients from engaging in abortion litigation and from spending 快猫视频 and private funds on non-litigation activities involving abortions. The purpose of this Program Letter is simply to remind grant recipients of the contours of these statutory restrictions.
Restrictions
快猫视频 grants are subject to statutory and regulatory restrictions that prohibit grant recipients from performing certain activities and from representing specific categories of clients. 快猫视频 has four categories of restrictions: Extended, Standard, Limited, and Other. . The restrictions appear in 45 C.F.R. parts 1600 through 1644, in the 快猫视频 Act at42 U.S.C. 搂搂 2996-2996l, and in the sections of 快猫视频's annual appropriation (Appropriations Restrictions) that incorporate the restrictions enacted in section 504 of Title V in Public Law 104-134, 122 Stat. 1321-50 (1996), as incorporated through Public Law 105-119, tit. V, 搂 502(a)(2), 111 Stat. 2440, 2510 (1998) and subject to modifications in other statutes. These restrictions apply to the use of 快猫视频 funds and in many situations to a grantee鈥檚 use of other funds, such as private funds, including charitable donations, and public funds.
Extended restrictions apply to all activities of 快猫视频 grantees using 快猫视频 funds, private funds, and federal, state, local or other public funds. Standard restrictions apply to all uses of 快猫视频 funds and most uses of private funds (e.g., private donations, United Way funds, private foundation grants). Standard restrictions do not apply to most uses of public funds from state and local governments or other federal grants. Limited restrictions do not apply to the use of non-快猫视频 funds. Other restrictions apply to non-快猫视频 funds as provided in the regulations referenced in 45 C.F.R. 搂 1610.4. Public funds are defined as funds:
Derived from a Federal, State, or local government or instrumentality of a government; or ... Derived from Interest on Lawyers' Trust Account (IOLTA or IOLA) programs established by State court rules or legislation that collect and distribute interest on lawyers' trust accounts. 45 C.F.R. 搂 1610.2(c)(2).
There are two statutory restrictions that concern reproductive services 鈥 specifically abortion. The first is an Extended restriction on abortion litigation. The Omnibus Consolidated Recissions and Appropriations Act of 1996 states that 鈥淣one of the funds appropriated in this Act to the 快猫视频 may be used to provide financial assistance to any person or entity ... that participates in any litigation with respect to abortion.鈥 Pub. L. 104-134, Tit. V, 搂504(a)(14). This language has been incorporated by reference in all subsequent 快猫视频 appropriations and applies to all 快猫视频 grant recipient activity, regardless of funding source.
The second is a Standard restriction on non-litigation activities involving abortions. 42 U.S.C. 搂 2996f(b)(8) states that:
No funds made available by the Corporation under this subchapter, either by grant or contract, may be used ... to provide legal assistance with respect to any proceeding or litigation which seeks to procure a nontherapeutic abortion or to compel any individual or institution to perform an abortion, or assist in the performance of an abortion, or provide facilities for the performance of an abortion, contrary to the religious beliefs or moral convictions of such individual or institution[.]
This restriction applies to 快猫视频 funds and private funds. However, the restriction does not apply to public funds expended for the purposes for which they were awarded. Id. 搂 2996i(c).
Neither restriction prohibits 快猫视频 grant recipients from referring applicants seeking legal assistance to secure abortion services to other legal aid or community organizations who can provide the requested assistance. 快猫视频 grant recipients regularly refer individuals to other organizations when they cannot or do not provide a certain service (e.g., non-citizens or those whose income exceeds the limits that the grant recipient sets). Where a grant recipient cannot engage in abortion litigation and cannot engage in non-litigation activities involving abortion with 快猫视频 or private funds, they may refer clients to other organizations that do.
For any questions regarding this issue, please contact Karly Satkowiak, Staff Attorney, satkowiakk@lsc.gov.