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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
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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
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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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