Congress has maintained a longstanding interest in abortion since 1973 when the U.S. Supreme Court first recognized that a woman has a constitutional right to choose whether to terminate her pregnancy. Since the Court's decision in Roe v. Wade, there have been numerous efforts in Congress to restrict the availability of abortion through proposed constitutional and statutory amendments, and through funding restrictions attached to appropriations and authorizations measures. The availability of insurance coverage for elective abortions has also been an issue in the ongoing debate over health reform. Bills that would establish constitutional protection for entities at all stages of life, provide funds for international family planning organizations, and address the abridgement of state parental consent and notification requirements may be considered by Congress during the second session of the 111th Congress.
Legislation that attempts to reduce the number of uninsured individuals and restructure the private health insurance market has been passed by both the House of Representatives and the Senate. The House- and Senate-passed measures include provisions that address the coverage of abortion by health benefits plans that would be available through a health insurance exchange. The abortion provisions have been controversial, particularly with regard to the use of federal affordability credits or premium subsidies to obtain health coverage that includes coverage for elective abortion services. Under the House-passed bill, an individual who receives an affordability credit could not purchase a health benefits plan that includes coverage for elective abortions or separate supplemental coverage for such abortions with a premium payment that has benefited from an affordability credit. In contrast, under the Senate-passed measure, an individual who receives a premium assistance credit or cost-sharing reduction would be permitted to purchase a health benefits plan that includes coverage for elective abortions. The Senate-passed measure, however, would require compliance with payment and accounting requirements that would ensure that funds attributable to a premium subsidy are not used to pay for elective abortion services. In addition to addressing the coverage of elective abortions, both measures also provide for conscience protection and the preservation of certain state and federal abortion-related laws.
Bills that would redefine terms such as "human person" and "human being" to include entities at all stages of life for the purpose of recognizing constitutional protections for such entities have already been introduced in the first session of the 111th Congress. Measures such as the Life at Conception Act, the Right to Life Act, and the Sanctity of Human Life Act may be considered in the second session. The legitimacy of such measures, however, has been questioned by some legal scholars who contend that Congress cannot overrule the Supreme Court's conclusion that a "person" does not include the unborn. Such a change, they argue, would require a constitutional amendment.
Congress may consider proposals designed to prevent the abridgement of state parental consent and notification requirements. The Child Interstate Abortion Notification Act (CIANA) and the Child Custody Protection Act would prohibit the knowing transport of a minor across state lines with the intent that the minor obtain an abortion. Both measures have been introduced in past Congresses. In the 109th Congress, the House and Senate passed different versions of the CIANA, but were unable to reach agreement on a final bill.
Congress is expected to consider abortion and abortion-related matters in the context of appropriations for various federal agencies. Longstanding funding restrictions related to abortion, for example, have been included in annual foreign operations appropriations measures. Two issues in particular—the Mexico City policy involving funding for foreign non-governmental organizations, and restrictions on funding for the U.N. Population Fund (UNFPA) because of its alleged activities in China—have remained controversial and continue to be prominently featured in the family planning and abortion debate. These policies may be reevaluated in light of the 2008 election and the increased Democratic majority in Congress.
The so-called Dornan Amendment, which restricted the use of District of Columbia funds to pay for abortions sought by low-income women, was not included in the FY2010 appropriations for the District. The Dornan Amendment had been included in the annual appropriations measures for the District since 1988. Efforts to restore the Dornan Amendment to the District's appropriations for FY2011 are expected in the second session.
Finally, in the second session, Congress will likely consider a variety of issues involving family planning and reproductive health. Legislation related to family planning and Title X of the Public Health Service Act, including appropriations measures that could affect the funding of Title X family planning initiatives, is expected.
Abortion: Court Decisions, Legislation
Abortion Law Development: A Brief Overview
Jon O. Shimabukuro
95-724
Abortion: Legislative Response
Jon O. Shimabukuro
RL33467
Abortion and the House- and Senate-Passed Health Reform Measures
Jon O. Shimabukuro
R41013
Health Care Providers' Religious Objections to Medical Treatment: Legal Issues
Related to Religious Discrimination in Employment and Conscience Clause Provisions
Cynthia Brougher, Edward C. Liu
R40722
The History and Effect of Abortion Conscience Clause Laws
Jon O. Shimabukuro
RL34703
Partial-Birth Abortion: Recent Developments in the Law
Jon O. Shimabukuro
RL30415
The Nomination of Judge Sonia Sotomayor: A Review of Second Circuit Decisions
Relating to Reproductive Rights
Jon O. Shimabukuro
R40694
Reproductive Health
Title X (Public Health Service Act) Family Planning Program
Angela Napili
RL33644
Emergency Contraception: Plan B
Judith A. Johnson, Vanessa K. Burrows
RL33728
Teenage Pregnancy Prevention
Reducing Teen Pregnancy: Adolescent Family Life and Abstinence Education Programs
Carmen Solomon-Fears
RS20873
Teen Pregnancy Prevention: Background and Proposals in the 111th Congress
Carmen Solomon-Fears
R40618
Teenage Pregnancy Prevention: Statistics and Programs
Carmen Solomon-Fears
RS20301
Scientific Evaluations of Approaches to Prevent Teen Pregnancy
Carmen Solomon-Fears
RS22656
International Family Planning Assistance
International Population Assistance and Family Planning Programs: Issues for Congress
Luisa Blanchfield
RL33250
The U.N. Population Fund: Background and the U.S. Funding Debate
Luisa Blanchfield
RL32703
Date of Report:
January 15, 2010
Number of Pages: 5
Order Number: R40251
Price: $0.00 (FREE)
Document available electronically as a pdf file or in paper form.
To order, e-mail congress@pennyhill.com or call us at 301-253-0881.
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