D.C. Abortion Funding Ban: Fiscal Year 2010 Financial Services Appropriations
Every year since 1989 (except for Fiscal Years 1994 to 1996), Congress has approved the Dornan Amendment to prevent the use of all congressionally appropriated funds for elective abortion in the District of Columbia. Under the U.S. Constitution, Art. 1, Sec. 8, Congress has responsibility to appropriate all funds for the District.
House: On June 25, the House Appropriations subcommittee with responsibility for D.C. funding reported out the Fiscal Year 2010 Financial Services Appropriations Bill (H.R. 3170) with language that reverses the Dornan Amendment. The restriction on abortion funding would no longer apply to all funds appropriated under the act, but only to the “federal” funds, leaving the “local” funds available to pay for elective abortion.
Full Committee: On July 7, during markup of H.R. 3170, the House Appropriations Committee voted, 26-yes, 33-no, 1-not voting, to reject an amendment by Reps. Todd Tiahrt (R-KS) and Lincoln Davis (D-TN) to restore the ban on all public funding of elective abortions in the District of Columbia. For the roll call on the vote, see: nchla.org/datasource/idocuments/7Hous.app.commDCvt7b.09.pdf.
In a July 14 letter to the House, Cardinal Justin Rigali, chairman of the Bishops’ Committee on Pro-Life Activities, urged Members to oppose any effort to enact H.R. 3170 without restoring current law on D.C. abortion funding. See: nchla.org/datasource/idocuments/dcletterfullhouse.pdf.
Floor: On July 14, the House Rules Committee rejected a request by Reps. Tiahrt and Davis to allow a floor vote on their amendment. Eight additional cosponsors were added to the amendment: Reps. Heath Shuler (D-NC), Jim Jordan (R-OH), Bart Stupak (D-MI), Chris Smith (R-NJ), Jerry Costello (D-IL), Joseph Pitts (R-PA), Jim Marshall (D-GA), and Michele Bachmann (R-MN). The action of the Rules Committee flies in the face of a February 25 letter to House leadership signed by 180 House Members requesting that the Rules Committee “report a rule that allows for consideration of any deleted [pro-life] riders on the floor of the House of Representatives.” See: www.nchla.org/datasource/idocuments/2RiderLtr25.09.pdf.
Rep. Stupak, Co-Chair of the Pro-Life Caucus, helped organize a major effort to defeat the rule. Toward the end of the voting, a majority of those present had voted to reject the rule. After a small number of Members changed their votes, the vote was called. The effort to defeat the rule fell short, 216-yes, 213-no, 5-not voting (Roll Call 553). See: clerk.house.gov/evs/2009/roll553.xml. Thirty-nine Democrats voted against the rule.
Rep. Tiahrt offered a motion to recommit the bill to committee with instructions to restore the D.C. abortion funding ban. Rep. Jose Serrano (D-NY) made a point of order against the Tiahrt motion on the grounds that, contrary to House rules, it “adds further legislation” (CR H8267, 7/16/09). The chair sustained the point of order. Rep. Tiahrt appealed the ruling of the chair. Rep. Serrano moved to table the appeal. The House agreed with motion to table, 225-yes, 195-no, 13-not voting (Roll Call 570). See: clerk.house.gov/evs/2009/roll570.xml.
The only option remaining was to urge Members to vote against the bill. The vote on final passage of H.R. 3170 was, 219-yes, 208-no, 1-present, 5-not voting (Roll Call 571). See: clerk.house.gov/evs/2009/roll571.xml. Thirty-eight Democrats voted “no.”
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