EugeneBoyd
Analyst in Federalism and Economic Development Policy
Thepublic funding of abortion services for District of Columbia residents is aperennial issue debated by Congress during its annual deliberations onDistrict of Columbia appropriations. District officials have cited theprohibition on the use of District funds as another example of congressionalintrusion into local matters. Since 1979, with the passage of the District of ColumbiaAppropriations Act of 1980, P.L. 96-93 (93 Stat. 719), Congress has placed some limitationor prohibition on the use of public (federal or District) funds for abortionservices for District residents. For instance, when Congress passed andthe President signed the District of Columbia Appropriations Act ofFY2010, the city was allowed to use its own funds, but not federal funds,for such services.
Subsequently, in public laws appropriating funds for the District of Columbiafor FY2011 and FY2012, Congress included provisions prohibiting the use ofboth District and federal funds for abortion services, except in cases ofrape, incest, or when the life of the mother was endangered. In an effortto reach final agreement on a FY2011 budget, in order to avert agovernment-wide shutdown, the Obama Administration and Senate and Houseleaders agreed to include a provision in H.R. 1473, a bill making full yearappropriations for FY2011, prohibiting the District of Columbia from usingfederal and District of Columbia raised funds for abortion services, except incases of rape, incest, or when the mother’s life was endangered. The inclusionof the provision generated protest by city officials on the grounds thatthe restriction on the use of city funds is a violation of home rule. Thebill, including the abortion services provision, was signed into law on April15, 2011, as P.L. 112-10. Congress continued this prohibition on the use ofDistrict and federal funds for abortion services with the enactment of theConsolidated Appropriations Act for FY2012, P.L. 112-74, which was signedby the President on December 23, 2011.
The authority for congressional review and approval of the District of Columbia’sbudget is derived from the Constitution and the District of ColumbiaSelf-Government and Government Reorganization Act of 1973 (Home Rule Act).The Constitution gives Congress the power to “exercise exclusive Legislationin all Cases whatsoever” pertaining to the District of Columbia. In 1973,Congress granted the city limited home rule authority and empowered citizens ofthe District to elect a mayor and city council. However, Congress retainedthe authority to review and approve all District laws, including theDistrict’s annual budget.
This report includes a brief overview of the District of Columbiaappropriations process and a discussion of the current debate andlegislative history of the abortion provisions included in District ofColumbia appropriations acts.
Date of Report: July 1, 2012
Number of Pages: 9
Order Number: R41772
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