11/23/2004: The National Organization for Women reports that the new federal budget bill included a stealth provision to limit women's access to full health care. On Friday afternoon, After heated debate in Congress Saturday night, anti-abortion legislators bullied into law broad new limitations on women's reproductive health care. The "Federal Refusal Clause," which was slipped into the Omnibus Spending Bill, makes all health care providers eligible for federal monies — regardless of their unwillingness to provide a full-range of health care services for women. House and Senate Republicans added this language to the over 1,000 page spending bill late in the afternoon on Friday — too late for many legislators to be able to understand its implications before voting. The National Organization for Women sees this move as an attack and an attempt by the Republican leadership "to thank its right-wing base by surrendering hard-fought and often life-saving medical care options for women and girls."

According to NOW, the provision permits health care entities that refuse to provide abortion services, counseling or referrals (even in cases of rape, incest, or danger to the woman's life) to collect federal, state and local tax dollars. It overrules state and local regulations requiring full coverage for such services. Current federal law, previously aimed at protecting Roman Catholic doctors who do not want to undergo abortion training or perform abortions, now provides a farther-reaching 'conscience clause.' The new language expands the exemption to all health care providers, including hospitals, doctors, clinics, HMOs, and insurers that profess a corporate or individual objection to providing abortion or reproductive health services. A NOW representative said that "The wrath of the anti-abortion movement is going to send women back farther than the back alleys — we're heading toward the black market." The Feminist Majority quotes Senator Tom Harkin of Iowa saying that "he plans on forcing a vote next year to show support for Roe v Wade. 'I think it is time the women of American understand what is happening here,' Harkin said.

NOW reports that California Democratic Senator Barbara Boxer threatened to use procedural tactics to slow Senate debate in protest. Joining Boxer in defending women's health care against the Republican leadership were Sen. Tom Harkin, D-Iowa, Sen. Dianne Feinstein, D-Calif., and Sen. Olympia Snowe, R-Wash. A compromise was eventually reached with Senate Majority Bill Frist, R-Tenn., after he promised to schedule a vote on the abortion provision when Congress meets next spring. It seems unlikely, however, that this provision will be overturned, since it takes many more votes to repeal an existing law than to prevent original passage.

NARAL Pro-Choice America pointed out today that the Omnibus Spending Bill will worsen conditions that lead to women needing to get abortions: Title X, the nation's cornerstone family-planning program for low-income women, continues to be inadequately funded. This program reduces unintended pregnancies and makes abortion less necessary. Scientifically unproven "abstinence only" programs received a $30 million increase; three times that of Title X. These programs censor discussion of contraception's health benefits and leave teens ill-equipped to protect themselves against pregnancy and disease. Language that would have restored previously canceled funds to the United Nations Fund for Population Assistance (UNFPA) was stripped from the omnibus. UNFPA provides reproductive-health care, including family-planning services but NOT abortion, to the world's poorest women. For each of the last three years, President Bush has cancelled all funding for this vital program. Senate language that would have repealed the "global gag rule" was taken out of the omnibus legislation. This policy, which was signed by President Bush on his first business day in office, prohibits the US Agency for International Development (USAID) from granting family- planning funds to any overseas health clinic unless it agrees not to use its own, private, non-U.S. funds for abortion services, advocacy, or counseling. Read More

Indybay would have covered this story sooner if more information had been clear during the weekend- even now media reports seem to indicate that either: the bill has been passed; or the bill has been passed but the Federal Refusal Clause will be reconsidered in the spring; or that the bill has either been passed or has not been passed, but it will be reconsidered this week because of a section that says that any individual or company's tax return can be reviewed by an Appropriations committee. The one thing is certain is that the President has not yet signed the Omnibus Spending Bill, so it is not yet a law. It is likely that there will be additional surprises like the Federal Refusal Clause and the tax provision, since the entire omnibus was so large and was voted upon so quickly.
Democracy Now Report