NARAL PRO-CHOICE AMERICA 2009 Congressional Record on Choice NARAL Pro-Choice America believes every woman has the right to make personal decisions regarding the full range of reproductive choices, including preventing unintended pregnancy, bearing healthy children, and choosing legal abortion. CONGRESSIONAL RECORD ON CHOICE 111th CONGRESS, 1st SESSION n January 20, 2009, Barack Obama Owas sworn in as president of the United States, putting the White House back into pro- choice hands for the first time in eight years. Along with pro-choice leadership in Congress, the reproductive-rights movement finds itself with the potential not only to begin reversing some of the worst anti-choice policies of recent years, but also to start advancing initiatives on a national level that will protect a woman’s right to choose. We’ve already seen key improvements for women’s freedom and privacy. On his third day in office, President Obama signed an executive memorandum repealing the global gag rule, finally restoring funding to clinics that provide birth control and other health services to the world’s poorest women. The Obama administra- tion moved to repeal the Federal Refusal Rule, one of President Bush’s final anti-choice actions while in office. And we applauded President Obama’s early executive and judicial nominees: former NARAL Pro-Choice America Legal Director Dawn Johnsen to the Department of Justice, then-Kansas Gov. Kathleen Sebelius to be secretary of Health and Human Services, Judge David Hamilton to the Seventh Circuit 2009 Congressional Record on Choice 1 Court of Appeals, and then-Judge Sonia Soto- tive rights. In November, the House passed mayor to the U.S. Supreme Court. These actions an amendment that would make it virtually illustrate how pro-choice leadership in the White impossible for women purchasing insurance House makes a difference for women and their in the new health-care system, known as the families. exchange, to obtain abortion coverage— This is not to say, however, that significant even with their own personal funds. While challenges don’t remain. Pro-choice lawmakers the Senate defeated a similar amendment in are still outnumbered in the 111th Congress, December, it included anti-choice language in which has only 185 fully pro-choice House its bill that would impose signficant adminis- members out of 435, and 41 of 100 senators. trative barriers on individuals who wish to And despite the fact that there is pro-choice purchase plans with abortion coverage and leadership in Congress, anti-choice forces have plans that wish to offer such coverage. The shown they will not shy away from continuing outcome of this landmark legislation remains their assaults on reproductive freedom. unfinished at the time of this printing—and NARAL Pro-Choice America’s 2009 Congres- much is at stake. sional Record on Choice documents the key House • Abortion Bans: With encouragement from and Senate votes taken during the first session of President Obama, this year Congress lifted the the 111th Congress. This year anti-choice law- ban on Washington, D.C.’s ability to use local makers continued to attack reproductive rights funds for abortion services for low-income on the following fronts: women. Regrettably, however, because we • Health-Care Reform: This year Congress lack a numerical pro-choice majority in Con- took up the task of health reform. From a gress, other bans remain in effect on abortion reproductive-health perspective, our cur- access for women who depend on the federal rent health-care system is sadly inadequate. government for their health care—Medicaid Forty-seven million Americans lack health and Medicare clients, U.S. servicewomen and insurance—nearly half of whom are women. military dependents, federal employees, and An array of politically driven laws and a fail- women in federal prison. ure of elected officials to invest properly in • Crisis Pregnancy Centers: Congress took public programs has meant that reproduc- its first vote ever on the topic of crisis preg- tive-health services, especially contraception nancy centers—fake anti-choice “clinics” and abortion, remain unavailable to many that often misinform, harass, and intimi- American women. Unfortunately, instead of date women considering abortion. Sen. John joining constructive efforts to address these Ensign (R-NV) tried to grant legitimacy to systematic ills, anti-choice lawmakers used these deceptive operations by explicitly invit- health-reform legislation as an opportunity ing their participation in a federally funded to impose new restrictions on reproduc- program. The effort failed. 2 NARAL Pro-Choice America 2009 Congressional Record on Choice 3 • Federal Refusal Rule: Sen. Tom Coburn women. This year, Congress included signifi- (R-OK) tried to enshrine in federal law the cant and long-overdue funding increases for principles set forth in the divisive Federal this program, reversing years of Bush admin- Refusal Rule in the context of health reform. istration financial neglect. Thankfully, the effort failed. • Prevention Agenda: In addition to appro- • “Unborn Child” Regulation: For the third priations accomplishments, pro-choice consecutive year, anti-choice senators tried lawmakers continued to champion a host of to codify the Bush administration’s contro- legislative measures to prevent unintended versial “unborn child” regulation. The effort pregnancy and reduce the need for abor- failed once again. tion, including the Prevention First Act, the Responsible Education About Life Act, and Despite these constant attacks on reproduc- the Compassionate Care for Servicewomen tive health, and thanks to a third consecutive Act, among others. year of pro-choice leadership in Congress, fair- minded lawmakers managed to make progress As we look forward to 2010, NARAL Pro- on a number of fronts: Choice America is determined to take advantage of and build upon this year’s pro-choice suc- • “Abstinence-Only” Programs: President cesses. In 2009 the pro-choice movement saw Obama made a major national policy shift the tide start to turn toward greater reproduc- by proposing in his FY’10 budget request tive freedom; in response, anti-choice activists to eliminate funding for failed “absti- increased attacks both in Congress and in our nence-only” programs and calling for a communities, as evidenced by the senseless mur- new investment in evidence-based sex- der of Dr. George Tiller. Despite these obstacles, education programs to prevent teen pregnancy. we look ahead to the future with great fortitude Congress followed suit and passed legislation and hope. We will continue to defend against making this long-overdue policy change. attacks on reproductive health and make impor- • Title X: Title X (ten), the nation’s cornerstone tant progress toward protecting Americans’ family-planning program for low-income personal freedoms and privacy. women, was flat-funded for years until Congress—led by pro-choice lawmakers— secured a much-needed increase. For the second year in a row, Congress provided a funding boost for this program. • Family-Planning Services Overseas: The USAID family-planning account pays for contraceptive services for the world’s poorest 4 NARAL Pro-Choice America 2009 Congressional Record on Choice 5 SENATE VOTE DESCRIPTIONS 1. Global Gag Rule. Children’s Health Insurance Program Reauthorization Act of 2009, H.R.2. Martinez (R-FL) amendment to reinstate the global gag rule, which denies U.S. assistance to any overseas health center that uses its own private funds to provide or counsel about abor- tion care, or take a pro-choice position. Rejected 37 – 60. A pro-choice vote (+) was against the amendment (1/28/09). 2. “Unborn Child” Regulation. Children’s Health Insurance Program Reauthorization Act of 2009, H.R.2. Hatch (R-UT) amendment to codify the Bush administration’s controversial “unborn child” regulation that allows states to make an embryo or fetus—but not a pregnant woman—eligible for health-care coverage. The amendment was an effort to erode further the legal framework for abortion rights by making an embryo, from the moment of conception, a separate beneficiary of government programs. Rejected 39 – 59; a pro-choice vote (+) was against the amendment (1/29/09). 3. United Nations Population Fund (UNFPA). FY’09 Omnibus Appropriations Act, 2009 Congressional Record on Choice 7 H.R.1105. Wicker (R-MS) amendment to strike 8. Hamilton Confirmation. Vote to con- a provision protecting UNFPA funding from firm nominee David Hamilton to the Seventh being unilaterally blocked by a future president. Circuit Court of Appeals. Passed 59 – 39. A pro- Rejected 39 – 55. A pro-choice vote (+) was choice vote (+) was in support of confirmation against the amendment (3/5/09). (11/19/09). 4. Crisis Pregnancy Centers. Generations 9. Abortion-Coverage Ban. Affordable Invigorating Volunteerism and Education Act, Health Care for America Act, S.3590. Nelson H.R.1388. Motion to table Ensign (R-NV) (D-NE)/Hatch (R-UT) amendment to deny amendment to make crisis pregnancy centers abortion coverage to women in the new health expressly eligible for federal funding. Passed system. The amendment would prohibit abor- 56 – 41. A pro-choice vote (+) was in support of tion coverage for individuals who receive federal the motion to table (3/25/09). subsidies in the reformed system and make it 5. Refusal Clause. FY’10 Budget Resolution, virtually inaccessible even for women who use S.Con.Res.13. Coburn (R-OK) amendment to their own, private funds. The amendment failed enshrine the principles set out in the controver- after a vote on a motion to table (kill) was passed sial Federal Refusal Rule, imposed by the Bush 54 – 45. A pro-choice vote (+) was in support of administration, in the context of health reform. the motion to table (12/8/09). The amendment would have codified broad refusal protections in federal law, jeopardizing patients’ rights. Rejected 41 – 56. A pro-choice vote (+) was against the amendment (4/2/09).