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A weekly report on public policy issues
in Washington, the states, and the world.


Volume III, Number 31 / September 24, 1999



Foreign Operations Appropriations Conference Delayed Over Abortion Issue

House Appropriations Subcommittee Marks Up Labor-HHS-Education Bill

Senate Medical Privacy Bill Stalled Because Of Minors' Abortion Restrictions

NIH Establishes Eight New Centers To Research Reproductive Health

Opponents Launch Campaign Against Maine Abortion Ban Referendum

Rep. Pitts And Sen. Santorum Introduce Bill To Fund Phony Clinics

Eighth Circuit Panel Unanimously Rejects So-Called "Partial Birth" Abortion Bans

Judge Extends Injunction Against Missouri's Abortion Ban Law

New Jersey Judge Refuses To Bar Enforcement Of State's Parental Notice Law

Federal Court Judge Declares Mistrial In Ohio FACE Case

NRLC Scoring On Campaign Financing Angers Anti-Choice Legislators

Quote of the Week

Surfing the Net




Foreign Operations Appropriations Conference Delayed Over Abortion Issue

According to a report in the September 23rd issue of the CQ Daily Monitor, the conference on the Foreign Operations Appropriations bill (H.R. 2606) has reached a stalemate over the issue of funding for the United Nations Population Fund (UNFPA). The report says that Senate conferees want to include $25 million in funding for UNFPA, while the House conferees want no funding for the organization. The Senate language was approved by both houses of Congress in their respective bills. It allows funding of UNFPA, but requires that no U.S. funds go to pay for programs in China. House conferees insist that they had agreed to drop the global gag rule that restricts funding of non-governmental organizations that advocate for changes in abortion laws in exchange for not funding UNFPA. House Appropriations Committee Chair C.W. Bill Young (R-FL) is reported to have said, "These people [anti-choice members] have to get something."



House Appropriations Subcommittee Marks Up Labor-HHS-Education Bill

On September 23rd, the House Appropriations Subcommittee on Labor-HHS-Education marked up the FY 2000 Labor-HHS-Education Appropriations bill. Title X was basically level funded at $215 million (last year's level was $214,932,000). Title XX, the Social Services Block Grant, which funds family planning services in a number of states, was level-funded at $1.909 billion. Maternal and Child Health received an increase of more than $105 million to $800 million.

HIV/AIDS and STD programs at the Centers for Disease Control also were level funded, as was the Adolescent Family Life Act, which funds abstinence-only programs.

No harmful amendments were offered in subcommittee. It is expected that they will be offered when the bill is considered in full committee. That mark-up is tentatively scheduled for September 30th. Rep. Ernest Istook (R-OK) already has said he will offer an amendment at full committee. We expect it will e the same amendment restricting minors' access to contraceptive services without parental consent in offered last year. Other amendments are likely.



Senate Medical Privacy Bill Stalled Because Of Minors' Abortion Restrictions

According to a story in the September 21st edition of the National Journal's Healthline, Sen. James Jeffords (R-VT), who chairs the Senate Health, Education, Labor and Pensions Committee will not move a medical privacy bill to the Senate floor unless and until pro- and anti-choice senators work out their differences on the issue of confidential abortion services for minors. Sen. Ted Kennedy (D-MA) wants to offer an amendment that would assure that minors' medical records would remain private in states that do not have restrictions on minors' access to abortion. Sen. Jeffords said, "compromise seems unlikely."

Congress has missed the August 21st deadline for enacting legislation on medical privacy, and the Department of Health and Human Services has started developing regulations to be released by February 21, 2000.



NIH Establishes Eight New Centers To Research Reproductive Health

On September 14th, the National Institutes of Health announced $3.2 million in grants to establish eight new reproductive health research centers. The September 16th issue of Kaiser Daily Reproductive Health Reports lists them as Brigham and Women's Hospital, Case Western Reserve University, Columbia University, University of Alabama-Birmingham, University of California-San Diego, University of Colorado, University of Rochester, and the University of Utah. The Kaiser Report notes that the 12 centers approved last year already have recruited 30 new researchers in reproductive health.


IN THE STATES - State Legislative Update

Opponents Launch Campaign Against Maine Abortion Ban Referendum

Although work has been ongoing for months, the official kick-off for the No on 1 Campaign took place on September 16th. At the press conference announcing the campaign, the September 17th issue of the Bangor Daily News reports Rev. Mark Worth of the Unitarian Universalist Church in Ellsworth saying that passing the ban on so-called "partial birth" abortions would be "a step backward and endanger the health of the mother." Others at the kick-off noted that Maine already has strong laws on the books regulating abortion.

Maine is considered a pro-choice state, but the Catholic Church and Christian Coalition have made this referendum, the only abortion issue on any state ballot this year, a priority.



Rep. Pitts And Sen. Santorum Introduce Bill To Fund Phony Clinics


At a press conference on September 21st, Reps. Joe Pitts (R-PA) and Ann Northup (R-KY) announced the introduction of a bill they call "The Women and Children's Resources Act" (H.R. 2901). Rep. Mary Bono (R-CA) also is a co-sponsor, but she was not at the press conference. Sen. Rick Santorum (R-PA) introduced a companion bill (S. 1605) in the Senate on the same day.

A press release from Bono's office claims that the act "will provide women confronted with an unplanned pregnancy with the information and resources they need to make an informed `choice.'" In reality, it is a proposal to provide $85 million to clinics that historically have disguised themselves as abortion clinics in order to lure women in to be peppered with an anti-choice message. Maternity homes and adoption service providers also would be eligible to receive funds from this program.

The bill prohibits expending funds for "providing, referring for, or advocating the use of contraceptive services, drugs, or devices." Not only are organizations that provide abortions barred from receiving funding under this program, neither are groups that in any way mention contraception, or have any connection whatsoever with birth control. According to supporters, money in the bill would go for pregnancy testing and counseling women only on continuing the pregnancy, and either keeping the baby or giving it up for adoption. Counselors would be prohibited from providing information on abortion or contraception. Funds also would be used for maternity and baby clothes, baby furniture and food.

Although the members who introduced this bill claim it is something that should receive support from both pro- and anti-choice members, PPFA President Gloria Feldt expressed the pro-choice, pro-family planning community's objection to this bill. She noted that "The effort will redirect federal attention away from successful, yet under-funded publicly funded family planning programs. The move ensures that low-income women will have no choice in determining their reproductive destiny."



Eighth Circuit Panel Unanimously Rejects So-Called "Partial Birth" Abortion Bans

A three-judge panel of the U.S. Court of Appeals for the 8th Circuit unanimously upheld lower court decisions declaring so-called "partial birth" abortion ban laws unconstitutional. The cases were from Iowa, Nebraska and Arkansas. The court held that the laws created an undue burden on a woman's right to an abortion because they could ban he safest and most common procedures, including D & E and section curettage.

PP of Greater Iowa was a plaintiff in one of the cases. It was represented by Eve Gartner of PPFA's Public Policy Litigation and Law. The Center for Reproductive Law and Policy represented the plaintiffs in the other cases.

Judge Extends Injunction Against Missouri's Abortion Ban Law

A three-judge panel of the U.S. Court of Appeals for the 8th Circuit unanimously upOn September 22nd, a federal judge in Missouri scheduled the trial of the suit against the state's so-called "infanticide" law for March 27, 2000. At the same time, he extended the temporary restraining order issued last week until the conclusion of the trial and the final decision in the lawsuits.

New Jersey Judge Refuses To Bar Enforcement Of State's Parental Notice Law

On September 23rd, Superior Court Judge Marguerite Simon denied a request to bar enforcement of the state's newly passed law that requires minors to notify a parent before obtaining an abortion. The law is scheduled to go into effect on September 26th. Judge Simon dismissed extensive evidence on the burdens of parental notification, as well as the irrationality of allowing pregnant minors to receive confidential treatment for all pregnancy-related medical care except abortion, finding the Act served a compelling state interest in protecting minors and the "family structure." The court also found any burdens on the minors' rights was alleviated by the judicial bypass.

The law requires that a parent be notified at least 48 hours before a minor can obtain an abortion. The minor may go to court to obtain a waiver of this requirement, which must be granted if the court finds by clear and convincing evidence that she is mature enough to make the decision of that notifying her parent would not be in the minor's best interest.

An emergency appeal of the judge's decision has been filed and was to be heard on September 24th.

Plaintiffs in the case include PP of Central New Jersey, and PP Association of the Mercer Area. They are represented by the New Jersey ACLU and the Reproductive Freedom Project of the National ACLU.

Federal Court Judge Declares Mistrial In Ohio FACE Case

On September 13th, Chief U.S. District Judge Walter H. Rice declared a mistrial in a case in Ohio in which anti-choice demonstrators were being charged under the federal Freedom of Access to Clinic Entrances Act (FACE) for allegedly blocking a clinic that performs abortions. The mistrial was granted on a technicality concerning the prosecution's last witness and the issue of what notice was given to the defense about the witness's testimony.

The trial arose from a March 1998 lawsuit against six individuals and Operation Rescue. They were charged for actions at clinics in Ohio during protests in July 1997.


Opposition Watch

NRLC Scoring On Campaign Financing Angers Anti-Choice Legislators

On September 13th, Chief U.S. District Judge Walter H. Rice declared a mistrial inThis issue of campaign finance reform has split the alliance between the National Right to Life Committee (NRLC) and anti-choice members of Congress. This February, as Congress was contemplating a debate on campaign finance reform legislation, the NRLC met with anti-choice members to reaffirm its intention to score a vote for reform as an anti-choice vote. A front-page story in the September 14th edition of The Washington Post, as the House was ready to begin the debate, reported just how divisive the NRLC decision was. "I don't care if you blacklist me; I'm never talking to National Right to Life again," the Post reports Rep. Marion Berry (D-AR) "fumed." "You're shooting yourselves in the foot. To hell with you all," Rep. Tony Hall (D-OH) is reported to have said. First term Rep. Ronnie Shows (D-MS) sent a letter to the NRLC protesting the organization's position, and his legislative director was reported in the July 7th issue of The Hill, a newspaper that focuses on issues and happenings on Capitol Hill, saying, "There were several people who signed that letter who don't even support [campaign finance reform]. They're just p**d-off that the National Right to Life Committee has taken a strategy that puts a wedge in the right-to-life movement."

But the NRLC refused to back down. According to the Post story, the NRLC has a $12 million lobbying budget and its general counsel, James Bopp, Jr. said, "We think these restrictions [on issue advocacy] will put us out of business."

When the dust had settled on September 14th, the House had passed campaign finance reform by a 252-177 vote, with many anti-choice members supporting it.


Quote of the Week

"I didn't write this bill. Maybe it's something that through the markup process could be tweaked a little." Comment by Rep. Mary Bono (R-CA) when a reporter questioned her about her sponsorship of a bill that prohibits counseling or referring for contraceptive services.

Bono, who calls herself pro-choice and has sponsored the Equity in Prescription Insurance and Contraceptive Coverage Act, told the Inland Empire Online News that she had been surprised when, the day she and other sponsors announced the introduction of The Mothers' and Children's Resources Act, a reporter told her that none of the bill's funds could go for contraceptive counseling. (see story in first section)


Surfing the Net


http://www.not-2-late.com/ — This is a Web site on emergency contraception maintained by the Office of Population Research at Princeton University. It provides information in English or Spanish.

A person can easily click to sections that provide:
  • the names of clinics and pharmacies that provide emergency contraception;
  • current news on the technology and issues pertaining to emergency contraception;
  • answers to commonly asked and/or important questions about emergency contraception; and
  • reference listings.

    There also is a section where you can click on the name of a country — from Abu-Dhabi to Zimbabwe — to find out what, if any, form of emergency contraception is available there.








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