Fiscal Year 2009 Omnibus Appropriations Bill—UNFPA: Support for Coercive Population Control
Background: When Fiscal Year 2009 began October 1, 2008, Congress had passed only three of the twelve must-pass Fiscal Year 2009 appropriations bills. These three bills were part of a measure (H.R. 2638) that also included a Continuing Resolution extending funding for the nine other appropriations bills until March 6, 2009. By that date Congress again will have to provide appropriations for these nine bills for the remainder of Fiscal Year 2009, that is, through September 30, 2009.
On February 25, 2009, 180 Members of the House of Representatives sent a letter to House leadership urging the retention of pro-life riders. For a copy of the text of the letter and the signatories see: www.nchla.org/datasource/idocuments/2RiderLtr25.09.pdf.
House: On late February 23, 2009, the House Appropriations Committee released its Omnibus Appropriations Act, 2009 (H.R. 1105). The bill retained the Hyde Amendment and a number of abortion-related funding policies. However, $50 million was appropriated for the United Nations Population Fund (UNFPA), a 25% increase over the $40 million appropriated in Fiscal Year 2008. For Fiscal Year 2008, President Bush invoked the Kemp-Kasten Amendment (no funds “may be made available to any organization or program which, as determined by the President of the United States, supports or participates in the management of a program of coercive abortion or involuntary sterilization”) and denied the funding to the UNFPA because of its continued support of China’s coercive population control program. The monies were redirected to other programs. However, H.R. 1105 exempts the UNFPA from the Kemp-Kasten Amendment.
On February 24, 2009, Rep. Chris Smith (R-NJ) testified before the House Rules Committee, requesting that two amendments be made in order during floor consideration: (1) an amendment to apply the Kemp-Kasten Amendment to the UNFPA, and (2) an amendment to restore the Mexico City Policy. The Rules Committee voted for a closed rule, under which the Smith amendments could not be offered.
On February 25, 2009, the House passed H.R. 1105 with the UNFPA provision intact.
Senate: Sen. Roger Wicker (R-MS), with 10 cosponsors, offered Senate Amendment 607 that would strike from H.R. 1105 the House language related to the UNFPA and replace it with language from the FY 2008 law, restoring the application of the Kemp-Kasten Amendment to the UNFPA. On March 5, 2009, the Senate rejected the Wicker amendment, 39-yes, 55-no, 5-not voting (Roll Call 81).
The Senate did not complete action on H.R. 1105 by the March 6, 2009 deadline and Congress passed a Continuing Resolution to extend funding for the federal government to March 11. On March 10, 2009, the Senate passed H.R. 1105.
Law: On March 11, 2009, the president signed H.R. 1105 into law (Public Law 111-008)
On February 5, 2009, Cardinal Justin Rigali, Chairman of the Bishops’ Committee for Pro-Life Activities, wrote a letter to all Senators and Representatives, urging them “not to use this legislation to weaken or rescind longstanding provisions that protect U.S. taxpayers from being forced to fund and promote the destruction of innocent human life.” Cardinal Rigali drew special attention to the need to retain the Hyde amendment and similar laws that “protect taxpayers from being compelled to subsidize and promote abortion,” the Dickey/Wicker amendment (no federal funds for research in which human embryos are created, harmed and destroyed), the Hyde/Weldon conscience protection amendment, and the Kemp-Kasten amendment (gives the president authority to stop U.S. funding of organizations that support or help manage programs of coercive abortion or involuntary sterilization).
The Cardinal describes these and similar laws as “modest, common-sense policies that are widely supported even among people who disagree on the legal status of abortion.” He concludes: “In a society that wants to reduce abortions, it makes no sense for government to force its citizens to fund and promote abortion.” For full text of letter, see: www.nchla.org/docdisplay.asp?ID=225.
Executive: On January 24, 2009, the day after overturning the Mexico City Policy, President Obama said that he intended to work with Congress to restore U.S. funding to the UNFPA.
On March 24, 2009, the U.S Department of State issued a press release stating, “The Department of State will contribute $50 million to UNFPA in 2009, as provided in the Omnibus Appropriations Act.” The release also stated that “we look forward to working closely” with the UNFPA. See: “U.S. Government Support for the United Nations Population Fund (UNFPA),” at: www.state.gov/r/pa/prs/ps/2009/03/120841.htm.
On March 24, 2009, during confirmation hearing for Ambassador-at-Large for Women’s Global Issues, Melanne Verveer stated that “a determination was made by the Secretary of State
. . . that it [UNFPA] does not meet the threshold [of the Kemp-Kasten Amendment prohibition]. It does not fund or support organizations that are supportive of coerced abortions or manage programs dealing with coerced abortions.” It would appear the Department of State is not relying on the exemption from the Kemp-Kasten Amendment Congress put in the Omnibus bill but on its own determination that the UNFPA does not violate the Kemp-Kasten Amendment as such. This accords with the practice during the Clinton Administration years. Except for President Clinton, all previous presidents in applying the Kemp-Kasten Amendment have determined that the UNFPA supports China’s coercive population control program and for that reason have denied funding to the UNFPA. In 2008, the State Department had determined: “By providing financial and technical resources through its sixth cycle China Country Program to the National Population and Family Planning Commission and related entities, UNFPA continues to provide support for and participates in the management of the Chinese program of coercive abortions and involuntary sterilization.”
For background information on this human rights issue, see: www.nchla.org/issues.asp?ID=11. | |
