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James M. Cannon Files (Ford Administration)
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Presidential campaign, 1976
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The original documents are located in Box 1, folder "Abortion (1)" of the James M.
Cannon Files at the Gerald R. Ford Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Digitized from Box 1 of the James M. Cannon Files at the Gerald R. Ford Presidential Library
THE WHITE HOUSE
WASHINGTON
May 7, 1975
Act the
MEMORANDUM FOR:
JIM CANNON
FROM:
ART QUERN
SUBJECT:
Meeting with ACLU Representatives
On Monday, May 5, Pam Needham and I met with two representa-
tives of the American Civil Liberties Union to hear their
comments regarding Federal abortion policies.
Specifically, they are concerned that a 1971 Executive
Order is still being followed by Federal personnel and is
in direct conflict with the more recent 1973 Supreme Court
abortion ruling.
In that Executive Order President Nixon directed that any
abortions on military bases should be performed in accordance
with relevant State laws.
Despite the Supreme Court's ruling that State laws cannot
limit abortions (at least in the first trimester), some
States still enforce restrictive abortion laws. These are
in the process of being tested and struck down in court.
The ACLU contends that the Executive Order requiring Federal
employees to adhere to State law is in violation of the
Supreme Court where these laws limit abortions. Their
solution is for the President to rescind the Executive
Order and to allow unrestricted abortions on military
installations and Indian health service facilities.
Our initial reaction was that this is a matter more for the
courts. Certainly it could be a potentially volatile issue
if the President were involved.
At any rate, the ACLU people went to the Washington Star
and the attached story resulted.
Our intent is to keep this process as low key as possible.
We've asked for a report from Defense on their policies and
will wait to hear from them before going further.
We'll keep you informed as options develop.
FORD & LIBRARY GERALD
THE WHITE HOUSE
WASHINGTON
May 15, 1975
2
1ssues
MEMORANDUM FOR:
JIM CANNON
FROM:
ART QUERN
SUBJECT:
ACLU Inquiry Re Abortion Policy
You inquired as to who was the "spokesman referred to in
the Washington Star story regarding a meeting with ACLU
representatives on the subject of abortion.
John Carlson was the "spokesman." After the ACLU repre-
sentatives contacted the Star, the reporter contacted the
White House Press Office. John called me and I reported
that we could say we were studying the materials they had
left with us and were looking into the questions they had
raised. John conveyed this to the reporter.
HiDQ
Aboutun
Question
Policy
In a TV interview last week, your wife said she approved
of the Supreme Court Ruling on abortion. Do you agree?
Answer
As you know, when I was a Member of the Congress, I
co-sponsored a constitutional amendment that would
permit each State to enact its own laws regarding
abortion. I felt that this was a matter better
decided at the State level, not in Washington. I
continue to believe this is true.
Background
As Minority Leader, the President co-sponsored a constitutional
amendment which would permit the States to enact abortion
legislation. He also opposed, in 1972, a Michigan referendum
that would have permitted abortion on demand in that State.
Eigherd D. Parsons
FORD & LIBRARY GERALD
August 15, 1975
abortion
THE WHITE HOUSE
WASHINGTON
November 10, 1975
MEMORANDUM FOR:
JIM CAVANAUGH
FROM:
JERRY GHD H. JONES
You have the action on providing a memorandum to the President
on the status of our abortion policy.
5.3. you ATTAND
R
CC: Jim Connor
LIBRARY GERALD R. FORD
THE WHITE HOUSE
WASHINGTON
November 10, 1975
MEMORANDUM FOR THE PRESIDENT
FROM:
PHIL BUCHEN
SUBJECT:
Abortion Policy
It has been suggested that you should change your policy from
following the Supreme Court decision to the position of following
state law as stated in President Nixon's order to the Defense
Department in 1971.
Such a change would not be legally supportable. The Supreme
Court ruling established a Constitutional right which necessarily
supersedes any contrary rule under state law or executive order.
I do not know how strongly this suggestion has been pressed, but
would like an opportunity to discuss it with you if it is to be
seriously considered.
FORD & LIBRARY GERALD
Cannon memos
THE WHITE HOUSE
WASHINGTON
November 17, 1975
MEMORANDUM FOR:
PHIL BUCHEN
MAX FRIEDERSDORF
BOB GOLDWIN
ROBERT HARTMANN
JIM LYNN
JACK MARSH
RON NESSEN
FROM:
JIM PAUL CANNON THEIS June
Attached for your comments and recommendations is a
memorandum to the President, for his approval, on his
position on abortion.
I would appreciate it if you would send your comments
to Sarah Massengale, Ext. 6776, Room 220, by close of
business Thursday, November 20.
Thank you.
Attachment
FORD & LIBRARY GERALD
RECEIVED
JUL 29 1976
CENTRAL FILES
THE WHITE HOUSE
DECISION
WASHINGTON
MEMORANDUM FOR:
THE PRESIDENT
FROM:
JIM CANNON
SUBJECT:
POSITION OF THE PRESIDENT ON ABORTION
This memo is to seek your approval of the attached papers
which were prepared in response to a request by Knight
newspapers for a statement on your position on abortion.
Knight newspapers intends to run a story on the Presidential
contenders' positions on abortion.
The "Administration position" is for release to the newspaper.
The "Questions and Answers" are for background use by our
press office if direct questions on these subjects are posed.
These have been approved by Phil Buchen's staff.
I recommend that you approve the position statement and
questions and answers.
APPROVE
DISAPPROVE
GERALD FORD LIBRARY
ADMINISTRATION POSITION ON ABORTION
The President's position is that the law of the land must
be upheld as interpreted by the Supreme Court in their
1973 decisions on the Roe V. Wade and Doe V. Bolton.
The President also has indicated that he personally feels
that abortion is an issue better decided at the State level
rather than in Washington.
FORD i SERVID LIBRARY
BACKGROUND QUESTIONS AND ANSWERS
Q: The President has said he would support a Constitutional
amendment that would allow each state to make its own
laws concerning abortion. Does he still feel this way?
A: The President feels that this is a matter better decided
at the state level. As you know, while in Congress, House
Minority Leader Ford cosponsored an amendment to allow
each state to make its own laws regulating abortion.
Q: Is the President pro or anti abortion?
The President supports the Supreme Court decision.
The President's major concern is that a remedy be
available for persons where abortion becomes necessary
because of serious illness or a case of criminal attack
of some kind.
Q: Does the President support abortion-on-demand?
A: In 1972 the President opposed a Michigan State referendum
for abortion-on-demand.
Q: The Defense Department has announced a change in its
abortion practice. What is that?
A: The Department of Defense has ordered all military
facilities to comply with the Supreme Court decision
on abortion in those instances where the law of the
state in which the facility is located is inconsistent
with the Supreme Court decision.
DOD will provide abortions as a normal medical service
in its hospitals but will not reimburse individuals
for abortions performed outside of military hospitals.
Q: Will HEW also change its practice?
A: In light of DOD's action, HEW will review its present
Public Health Service and Indian Health Service policy.
FORD is LIBRARY GERALD
[1976]
Q. Within the context of a states' rights amendment
on abortion, do you believe a state should be
allowed to pass a law which would require the
saving of the life of the unborn child over the
life of the mother?
A. I would not approve of such a state statute, and
I made it clear in my statement to Mr. Cronkite
that I feel that abortion should be available in
cases of the mother's serious illness, incest or
rape.
FORD LIBRARI &
Q. Then, in regard to the mother's illness, it would
not have to be a matter of life and death?
A.
That is right, but it would be serious.
FORD & LIBRARI GERALD
Q.
Who decides on the seriousness?
A. I would think a physician, subject to
reasonable standards set by the state.
FORD : LIBRARY CLAIMS
Q. What about the mother's mental illness?
A.
Best left to the states.
FORD & LIBRARY 07WN39 07VM
Q.
Would you draw a distinction between statutory
and forcible rape?
A.
I think that is a decision that should be thought
through and decided by the state.
FORD LIB LIBERRY &
Q.
Within the context of your support for a states'
rights amendment, what is your position on abortion
when there is medical evidence that the child will
be born with a serious deformity or when it is
certain that the child will die either shortly after
birth or within a few years (e.g., Tay-Sachs is an
example of a disease which means certain death to
the child by about age 2 years) ?
A. This must be decided on an individual basis.
FORD i LIBRARY GERALD
[co. Jan. 1976]
M
$4 B over Budget
JOINT EXPLANATORY STATEMENT OF THE
COMMITTEE OF CONFERENCE
file afortion
The managers on the part of the House and the Senate at the further
conference on the disagreeing votes of the two Houses on the amendment of the
Senate numbered 68 to the Bill (H.R. 14232) making appropriations for the
Departments of Labor, and Health, Education, and Welfare, and related agencies,
for the fiscal year ending September 30, 1977, and for other purposes, submit
the following joint statement to the House and the Senate in explanation of the
effect of the action agreed upon by the managers and recommended in the accompany-
ing conference report:
TITLE II--DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE
General Provisions
Amendment No. 68: Reported in technical disagreement. The managers
on the part of the House will offer a motion as follows:
Restore the matter stricken by said amendment amended to read as follows:
A
"Sec. 209. None of the funds contained in this Act shall be
used to perform abortions except where the life of the mother
would be endangered if the fetus were carried to term."
Section 209 of the House bill contained a prohibition
against the use of funds contained in this Act to pay for or to promote or
encourage abortions. The Senate bill deleted this provision.
Having met in further conference, agreement has been reached on the issue
of whether or not Federal funds may be used to finance abortions. Most
certainly, this is a difficult, emotionally-charged issue--one which many
believe should be dealt with by the appropriate legislative committees.
FORD & LIBRARY GERALD
Nevertheless, in an effort to resolve this issue and avoid further
delay in meeting the vital needs addressed by programs in this bill, a majority
-2-
of the Conferees have agreed to a modification of the House bill language.
It is the intent of the Conferees to limit the financing of abortions
under the Medicaid program to instances where the performance of an abortion is
deemed by a physician to be of medical necessity and to prohibit payment for
abortions as a method of family planning, or for emotional or social convenience.
It is not our intent to preclude payment for abortions when the life of the
woman is clearly endangered, as is the case with multiple sclerosis or renal
disease, if the pregnancy were carried to term. Nor is it the intent of the
Conferees to prohibit medical procedures necessary for the termination of an
ectopic pregnancy or for the treatment of rape or incest victims; nor is it
intended to prohibit the use of drugs or devices to prevent implantation of the
fertilized ovum.
Furthermore, the proposed language would not interfere with or limit
Federal aid to medical schools conducting research into, or teaching of,
abortion procedures for therapeutic purposes.
The Congress is aware that there are three cases related to this issue
to be heard by the Supreme Court this fall, and wishes to make clear that the
Congress in its action upon this particular appropriations bill does not
intend to prejudge any constitutional questions involved in those cases.
The managers on the part of the Senate will move to concur in the amendment
of the House to the amendment of the Senate.
GERALD FORD LIBRARY
THE WHITE HOUSE
INFORMATION
WASHINGTON
January 6, 1976
MEMORANDUM FOR:
THE PRESIDENT
FROM:
JIM CANNON
SUBJECT:
HEW Policy on Reimbursement for Abortion
This is to inform you that Secretary Mathews will be taking
action to clarify some confusion about HEW regulations on
abortion. The Secretary has decided to continue the
Department's current policy which is to reimburse for
abortion as a "family planning service" under Title XIX
(Medicaid) and as a "social service" under Title XX (Social
Services).
While this decision will mean no change in the current
situation, it will probably arouse those who feel most
strongly against abortion.
the this actually sent
S
FORD & LIBRARY GERALD
THE WHITE HOUSE
INFORMATION
WASHINGTON
January 7, 1976
MEMORANDUM FOR:
THE PRESIDENT
FROM:
JIM CANNON
SUBJECT:
HEW Policy on Reimbursement for Abortion
This is to inform you that Secretary Mathews will be taking
action to clarify some confusion about HEW regulations on
abortion. The Secretary has decided to continue the
Department's current policy which is to reimburse for
abortion as a "family planning service" under Title XIX
(Medicaid) and as a "social service" under Title XX
(Social Services).
The Secretary will withdraw a "notice of proposed rulemaking"
published by Secretary Weinberger in December, 1974.
Weinberger's proposal would have restricted HEW reimburse-
ment policy to participants eligible for Medicaid only.
Secretary Weinberger proposed this in spite of his counsel's
advice that that position was the least tenable legally and
politically.
While Secretary Mathew's decision will mean no change in
the current situation, it will probably arouse those who
feel most strongly against abortion.
Idoid Jim dond thank one wa
devt
FORD i LIBRARY GERALD
EXECUTIVE
WE 3
THE WHITE HOUSE
INFORMATION
WAS-INGTON
October 23, 1975
MEMORANDUM FOR:
THE PRESIDENT
FROM:
JIM CANNO Juni
SUBJECT:
IMPLEMENTATION OF FEDERAL ABORTION POLICY
This is in response to your request for a status report
on the implementation of Federal abortion policy by HEW
and DOD.
Until recently the policy at DOD and HEW was carried out
in accordance with a 1971 Presidential Order which required
the military to comply with state laws. However, continued
adherence to the Presidential Order after the 1973 Supreme
Court decision on abortion has placed the Federal Government
in the position in some instances of obeying restrictive
state abortion laws which are clearly unconstitutional.
Therefore, DOD and HEW are modifying their practices
pertaining to abortion to resolve this inconsistency and
to assure compliance with the Supreme Court decision.
DOD
DOD has announced that abortion will be available in
accordance with the Supreme Court decision at all military
medical facilities. DOD will not reimburse non-military
facilities for abortions.
HEW
HEW is still evaluating its policy implementation. It is
likely that the Secretary will decide that abortion will be
available in accordance with the Supreme Court decision at
all Federal medical facilities (Public Health Service hospitals,
Indian Health service facilities, facilities for Federal
employees, and St. Elizabeth's).
FORD i LIBRARY GERALD
- 2 -
The issue of using Federal money to pay for abortions,
however, is more difficult to resolve. It is likely that
the Secretary will decide that the provision of abortion
as a reimbursable service will be at the option of each
state.
A number of HEW statutory authorizations might allow funding
or provision of abortion services. The Department is preparing
a memorandum for us on this.
The only two titles primarily involved are Titles XIX and
XX of the Social Security Act. Under Title XIX (Medicaid),
abortion is a reimbursable service in the states that choose
to offer that option; approximately 34 do. The decision
whether Title XX (Social Services) family planning money
should be available for abortion has not been resolved. It
will probably be left open as an option for each state.
In any case, the strict eligibility requirements of both
Titles XIX and XX and the limited availability of monies
will limit HEW's role in supporting abortion services.
Comment
The General Counsels of HEW and of the White House will
work together before a decision is made. We will keep you
informed.
FORD LIBRARY & GERALD
ABORTION MEETING
Quern, Massengale, Buchen, Kilberg
January 7, 1976
3:00 p.m.
H.R. 14232
Ainety-fourch Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday, the nineteenth day of January,
one thousand nine hundred and seventy-six
An Act
Making appropriations for the Departments of Labor, and Health, Education,
and Welfare, and related agencies, for the fiscal year ending September 30.
1977, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following
sums are appropriated, out of any money in the Treasury not otherwise
appropriated, for the Departments of Labor and Health, Education,
and Welfare, and related agencies, for the fiscal year ending Septem-
ber 30, 1977, and for other purposes, namely:
TITLE I-DEPARTMENT OF LABOR
EMPLOYMENT AND TRAINING ADMINISTRATION
PROGRAM ADMINISTRATION
For expenses of administering employment and training programs,
$69,774,000, together with not to exceed $30,887,000 which may be
expended from the Employment Security Administration account in
the Unemployment Trust Fund, and of which $5,598,000 shall be for
carrying into effect the provisions of 38 U.S.C. 2001-2003.
EMPLOYMENT AND TRAINING ASSISTANCE
For expenses necessary to carry into effect the Comprehensive
Employment and Training Act of 1973, as amended, and sections
326 and 328 of the Trade Expansion Act of 1962 (19 U.S.C. 1951 and
1961) and sections 236, 237, and 238 of the Trade Act of 1974, (19
U.S.C. 2101) $3,311,830,000, plus reimbursements, to remain available
until September 30, 1978: Provided, That this appropriation shall be
available for the purchase and hire of passenger motor vehicles, and
for construction, alteration, and repair of buildings and other facili-
ties and for the purchase of real property for training centers as
authorized by the Comprehensive Employment and Training Act of
1973, as amended, (29 U.S.C. 801 et seq.).
COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS
To carry out title IX of the Older Americans Act, as amended,
$90,600,000, of which $75,300,000 shall be for section 906(a) (1).
FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES
For payments during the current fiscal year of benefits and allow-
ances to unemployed Federal employees and ex-servicemen, as author-
ized by title 5, chapter 85 of the United States Code, of trade
adjustment benefit payments and allowances, as provided by law (19
U.S.C. 1941-1944 and 1952; part I, subchapter B, chapter 2, title II
of the Trade Act of 1974), and of unemployment assistance as author-
ized by title II of the Emergency Jobs and Unemployment Assistance
H. R. 14232-2
Act of 1974, as amended, $860,000,000, together with such amounts
as may be necessary to be charged to the subsequent appropriation
for payments for any period subsequent to September 15 of the cur-
rent year: Provided, That, in addition, there shall be transferred from
the Postal Service Fund to this appropriation such sums as the Sec-
retary of Labor determines to be the cost of benefits for ex-Postal
Service employees: Provided further, That amounts received during
the current fiscal year from the Postal Service or recovered from the
States pursuant to 5 U.S.C. 8505 (d) shall be available for such pay-
ments during the year.
GRANTS TO STATES FOR UNEMPLOYMENT INSURANCE AND EMPLOYMENT
SERVICES
For grants for activities authorized by the Act of June 6. 1933, as
amended (29 U.S.C. 49-19n; 39 U.S.C. 3202(a) (1) (E)); Veterans'
Employment and Readjustment Act of 1972. as amended (38 U.S.C.
2001-2013): title III of the Social Security Act. as amended (42
U.S.C. 501-503): sections 312(e) and (g) of the Comprehensive
Employment and Training Act of 1973. as amended: and necessary
administrative expenses for carrying out 3 U.S.C. S501-8523. 19 U.S.C.
1241-1944. 1932. and chapter of title II, of the Trade Act of 1974,
including upon the request of any State, the payment of rental for
space made available to such State in lieu of grants for such purpose.
$89,100,000. together with not to exceed $1,412,700,000. which may be
expended from the Employment Security Administration account in
the Unemployment Trust Fund and of which $239,800,000 shall be
available only to the extent necessary to meet increased costs of
administration resulting from changes in a State law or increases in
the number of unemployment insurance claims filed and claims paid
or increased salary costs resulting from changes in State salary com-
pensation plans embracing employees of the State generally over those
upon which the State's basic grant was based, which cannot be pro-
vided for by normal budgetary adjustments: Provided, That any por-
tion of the funds granted to a State in the current fiscal year and not
obligated by the State in that year shall be returned to the Treasury
and credited to the account from which derived.
ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND OTHER FUNDS
For repayable advances to the Unemployment Trust Fund. as
authorized by sections 203(d) and 1903 of the Social Security Act.
as amended. and for nonrepayable advances to the "Federal unemploy-
ment benefits and allowances" account. to remain available until
September 30, 1978. $3,000,000,000.
LAOR-MANAGEMENT Services ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Labor-Management Services
Administration. $48,319,000.
GERALD FORD LIBRARY
H. R. 14232-3
PENSION BENEFIT GUARANTY CORPORATION
The Pension Benefit Guaranty Corporation is authorized to make
such expenditures within limits of funds and borrowing authority
available to such corporation, and in accord with law, and to make
such contracts and commitments without regard to fiscal year limita-
tions as provided by section 104 of the Government Corporation Con-
trol Act, as amended (31 U.S.C. 849), as may be necessary in carrying
out the program through September 30, 1977 for such corporation.
EMPLOYMENT STANDARDS ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Employment Standards Administra-
tion, including reimbursement to State, Federal, and local agencies
and their employees for inspection services rendered, $92,952,000,
together with $250,000 which may be expended from the Special Fund
in accordance with Sections 39(c) and H(j) of the Longshoremen's
and Harbor Workers' Compensation Act.
SPECIAL BENEFITS
For the payment of compensation. benefits, and expenses (except
administrative expenses) accruing during the current or any prior
fiscal year authorized by title IV of the Federal Coal Mine Health
and Safety Act of 1969, as amended. and title V, chapter 81 of the
United States Code: continuation of benefits as provided for under
the head "Civilian War Benefits" in the Federal Security Agency
Appropriation Act, 1947; the Employees' Compensation Commission
Appropriation Act, 1944; and sections 4(c) and 5(f) of the War
Claims Act of 1948 (50 U.S.C. App. 2012); and fifty per centum
of the additional compensation and benefits required by section 10(h)
of the Longshoremen's and Harbor Workers' Compensation Act, as
amended, $317,818,000, together with such amount as may be necessary
to be charged to the subsequent year appropriation for the payment
of compensation and other benefits for any period subsequent to
September 15 of the current year: Provided, That in addition there
shall be transferred from the Postal Service fund to this appropria-
tion such sums as the Secretary of Labor determines to be the cont of
administration for Postal Service employees through September 30,
1977.
Whenever the Sections of Labor Stude if will permants the -
more of the above addition, qualitied may to appointment to
construct hearings University without noting the requirements for
hearing examinate appointed under $ use Ebin Personal, That -
premium shall hald . hearing in any - with which has have town -
overaud proviously in the of wh activities
Occupational Sum AND Hearn ADMINISTRATION
WILLSH 113 STREETED
For needwary expenses for the Occupational Subtr and Health
Administration, $130,233,000 of which not to streed shall
be available for reimburwment to States under section i(e) (1) of
H. R. 14232-4
the Occupational Safety and Health Act of 1970 (29 U.S.C. 656 (1))
for the furnishing of consultation services to employers under section
21 (c) of such Act (29 U.S.C. 670(c)) : Provided, That none of the
funds appropriated under this paragraph shall be obligated or
expended for the assessment of civil penalties issued for first instance
violations of any standard, rule, or regulation promulgated under the
Occupational Safety and Health Act of 1970 (other than serious, will-
ful, or repeated violations under section 17 of the Act) resulting from
the inspection of any establishment or workplace subject to the Act,
unless such establishment or workplace is cited, on the basis of such
inspection, for 10 or more violations: Provided further, That none of
the funds appropriated under this paragraph shall be obligated or
expended to prescribe, issue, administer, or enforce any standard, rule,
regulation, or order under the Occupational Safety and Health Act
of 1970 which is applicable to any person who is engaged in a farm-
ing operation and employs 10 or fewer employees.
BUREAU OF LABOR STATISTICS
SALARIES AND EXPENSES
For necessary expenses for the Bureau of Labor Statistics, including
advances or reimbursements to State, Federal, and local agencies and
their employees for services rendered, $73,018,000, of which $5,614,000
shall be for expenses of revising the Consumer Price Index, including
salaries of temporary personnel assigned to this project without regard
to competitive civil service requirements.
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
For necessary expenses for departmental management and $1,393,000
for the President's Committee on Employment of the Handicapped,
$49,182,000, together with not to exceed $1,305,000, to be derived from
the Employment Security Administration account, Unemployment
Trust Fund.
SPECIAL FOREIGN CURRENCY PROGRAM
For payments in foreign currencies which the Treasury Department
determines to be excess to the normal requirements of the United
States, for necessary expenses of the Department of Labor, as author-
ized by law, $70,000, to remain available until expended Provided,
That this appropriation shall be available, in addition to other appro-
priations to such agency for payments in the foregoing currencies.
GENERAL PROVISIONS
SEC. 101. Appropriations in this Act available for salaries and
expenses shall be available for supplies, services, and rental of con-
ference space within the District of Columbia, as the Secretary of
Labor shall deem necessary for settlement of labor-management
disputes.
This title may be cited as the "Department of Labor Appropriation
Act, 1977".
H. R. 14232-5
TITLE II-DEPARTMENT OF HEALTH, EDUCATION,
AND WELFARE
HEALTH SERVICES ADMINISTRATION
HEALTH SERVICES
For carrying out, except as otherwise provided, titles III, V, X,
XI, and sections 1303, 1304(a) and 1304(b) of the Public Health
Service Act, the Act of August 8, 1946 (5 U.S.C. 7901), section 1 of
the Act of July 19, 1963 (42 U.S.C. 253a), section 108 of Public Law
93-353, and titles V and XI of the Social Security Act, $1,016,021,000,
of which $1,200,000 shall be available only for payments to the State
of Hawaii for care and treatment of persons afflicted with leprosy:
Provided, That any amounts received by the Secretary in connection
with loans and loan guarantees under title XIII and any other prop-
erty or assets derived by him from his operations respecting such
loans and loan guarantees, including any money derived from the sale
of assets, shall be available to the Secretary without fiscal year limita-
tion for direct loans and loan guarantees, as authorized by said title
XIII, in addition to funds specifically appropriated for that purpose:
Provided further, That this appropriation shall be available for pay-
ment of the costs of medical care, related expenses, and burial expenses,
hereafter incurred, by or on behalf of any person who has participated
in the study of untreated syphilis initiated in Tuskegee, Alabama, in
1932, in such amounts and subject to such terms and conditions as
prescribed by the Secretary of Health, Education, and Welfare, and
for payment, in such amounts and subject to such terms and conditions,
of such costs and expenses hereafter incurred by or on behalf of such
person's wife or offspring determined by the Secretary to have suffered
injury or disease from syphilis contracted from such person Provided
further, That when the Health Services Administration operates an
employee health program for any Federal department or agency, pay-
ment for the estimated cost shall be made by way of reimbursement
or in advance to this appropriation: Provided further, That in addi-
tion, $40,121,000 may be transferred to this appropriation as author-
ized by section 201 (g) (1) of the Social Security Act, from any one or
all of the trust funds referred to therein.
CENTER FOR DISEASE CONTROL
PREVENTIVE HEALTH SERVICES
To carry out, to the extent not otherwise provided, title III of the
Public Health Service Act, title XVII of the Public Health Service
Act, the Lead-Based Paint Poisoning Prevention Act, the Federal
Coal Mine Health and Safety Act of 1969, and the Occupational
Safety and Health Act of 1970; including insurance of official motor
vehicles in foreign countries; and purchase, hire, maintenance, and
operation of aircraft, $175,228,000 Provided, That training of employ-
ees of private agencies shall be made subject to reimbursement or
advances to this appropriation for the full cost of such training.
NATIONAL INSTITUTES OF HEALTH
NATIONAL CANCER INSTITUTE
For carrying out, to the extent not otherwise provided, title IV of
the Public Health Service Act with respect to cancer, $815,000,000.
H. R. 14232-6
NATIONAL HEART, LUNG, AND BLOOD INSTITUTE
For expenses, not otherwise provided for, necessary to carry out
titles IV and XI of the Public Health Service Act with respect to
heart, lung, blood vessel, and blood diseases, $396,661,000.
NATIONAL INSTITUTE OF DENTAL RESEARCH
For expenses, not otherwise provided for, to carry out title IV of the
Public Health Service Act with respect to dental diseases, $55,573,000.
NATIONAL INSTITUTE OF ARTHRITIS, METABOLISM, AND DIGESTIVE
DISEASES
For expenses necessary to carry out title IV of the Public Health
Service Act with respect to arthritis, rheumatism, metabolic diseases,
and digestive diseases, $209,000,000.
NATIONAL INSTITUTE OF NEUROLOGICAL AND COMMUNICATIVE DISORDERS
AND STROKE
For expenses necessary to carry out, to the extent not otherwise pro-
vided, title IV of the Public Health Service Act with respect to neuro-
logical and communicative disorders and stroke, $155,500,000.
NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES
For expenses, not otherwise provided for, to carry out title IV of the
Public Health Service Act with respect to allergy and infectious
diseases, $141,000,000.
NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES
For expenses, not otherwise provided for, necessary to carry out title
IV of the Public Health Service Act with respect to general medical
sciences, $205,000,000.
NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN DEVELOPMENT
To carry out, except as otherwise provided, titles IV and x of the
Public Health Service Act with respect to child health and human
development, $145,543,000.
NATIONAL INSTITUTE ON AGING
To carry out, except as otherwise provided, title IV of the Public
Health Service Act with respect to aging, $30,000,000.
NATIONAL EYE INSTITUTE
For expenses necessary to carry out title IV of the Public Health
Service Act, with respect to eye diseases and visual disorders,
$64,000,000.
NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES
To carry out, except as otherwise provided, sections 301, 311, and
472 of the Public Health Service Act with respect to environmental
health sciences, $49,141,000.
H. R. 14232-7
RESEARCH RESOURCES
To carry out, except as otherwise provided, sections 301 and 472 of
the Public Health Service Act with respect to research resources and
general research support grants, $137,500,000 Provided, That none of
these funds shall be used to pay recipients of the general research sup-
port grants programs any amount for indirect expenses in connection
with such grants.
JOHN E. FOGARTY INTERNATIONAL CENTER FOR ADVANCED STUDY IN
THE HEALTH SCIENCES
For the John E. Fogarty International Center for Advanced Study
in the Health Sciences, $7,992,000, of which not to exceed $1,400,000
shall be available for payment to the Gorgas Memorial Institute for
maintenance and operation of the Gorgas Memorial Laboratory.
NATIONAL LIBRARY OF MEDICINE
To carry out, to the extent not otherwise provided for, section 301
with respect to health information communications and parts I and J
of title III of the Public Health Service Act, $35,234,000.
BUILDINGS AND FACILITIES
For construction of, and acquisition of sites and equipment for,
facilities of or used by the National Institutes of Health, where not
otherwise provided, $67,400,000 to remain available until expended.
OFFICE OF THE DIRECTOR
For expenses necessary for the Office of the Director, National
Institutes of Health, $16,234,000.
Funds advanced to the National Institutes of Health management
fund from appropriations in this Act shall be available for the
expenses of sharing medical care facilities and resources pursuant to
section 328 of the Public Health Service Act and for the purchase of
not to exceed thirteen passenger motor vehicles for replacement only.
ALCOHOL, DRUG ABUSE, AND MENTAL HEALTH ADMINISTRATION
ALCOHOL, DRUG ABUSE, AND MENTAL HEALTH
For carrying out the Public Health Service Act with respect to
mental health, and except as otherwise provided, parts A, B, and D
of the Community Mental Health Centers Act (42 U.S.C. 2681, et
seq.), the Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment, and Rehabilitation Act of 1970, as amended, the Narcotic
Addict Rehabilitation Act of 1966, and the Drug Abuse Office and
Treatment Act of 1972, $763,141,000.
SAINT ELIZABETHS HOSPITAL
For expenses necessary for the maintenance and operation of the
hospital, including clothing for patients, and cooperation with organi-
zations or individuals in the scientific research into the nature, causes,
prevention, and treatment of mental illness, $60,464,000, or such
amounts as may be necessary to provide a total appropriation equal
H. R. 14232-8
to the difference between the amount of the reimbursements received
during the current fiscal year on account of patient care provided by
the hospital during such year and $84,244,000.
HEALTH RESOURCES ADMINISTRATION
HEALTH RESOURCES
For carrying out, to the extent not otherwise provided, titles III,
VIII, and XV and section 472 of the Public Health Service Act,
section 1122 of the Social Security Act and section 222 of the Social
Security Amendments of 1972, $359,008,000 of which $9,000,000 shall
remain available until expended for carrying out section 305 (b) (3)
of the Public Health Service Act, without regard to the requirements
of section 308 of said Act.
MEDICAL FACILITIES GUARANTEE AND LOAN FUND
For carrying out title XVI of the Public Health Service Act,
$31,000,000 shall be available without fiscal year limitation for the
payment of interest subsidies. The total principal amount of loans to
be guaranteed or directly made, which may be allotted among the
States, pursuant to titles VI and XVI of the Public Health Service
Act shall not exceed a cumulative amount of $1,750,000,000.
PAYMENT OF SALES INSUFFICIENCIES AND INTEREST LOSSES
For the payment of such insufficiencies as may be required by the
trustee on account of outstanding beneficial interest or participations in
the Health Professions Education Fund assets or Nurse Training Fund
assets, authorized by the Department of Health, Education, and Wel-
fare Appropriation Act, 1968, to be issued pursuant to section 302(c)
of the Federal National Mortgage Association Charter Act, $164,000,
and for payment of amounts pursuant to section 744(b) or 827(b)
of the Public Health Service Act to schools which borrow any sums
from the Health Professions Education Fund or Nurse Training
Fund, $3,836,000: Provided, That the amounts appropriated herein
shall remain available until expended.
HEALTH EDUCATION LOANS
The Secretary is hereby authorized to make such expenditures,
within the limits of funds available in the Health Professions Educa-
tion Fund and the Nurse Training Fund, and in accord with law, and
to make such contracts and commitments without regard to fiscal year
limitation as provided by section 104 of the Government Corporation
Control Act, as amended, as may be necessary in carrying out the pro-
grams set forth in the budget for the current fiscal year.
ASSISTANT SECRETARY FOR HEALTH
SALARIES AND EXPENSES
For expenses necessary for the Office of the Assistant Secretary for
Health, $22,316,000.
H. R. 14232-9
RETIREMENT PAY AND MEDICAL BENEFITS FOR COMMISSIONED OFFICERS
For retired pay of commissioned officers, as authorized by law, and
for payments under the Retired Serviceman's Family Protection Plan;
Survivor Benefit Plan and payments for medical care of dependents
and retired personnel under the Dependents' Medical Care Act (10
U.S.C., ch. 55), such amount as may be required during the current
fiscal year.
SCIENTIFIC ACTIVITIES OVERSEAS (SPECIAL FOREIGN CURRENCY PROGRAM)
For payments in foreign currencies which the Treasury Department
determines to be excess to the normal requirements of the United
States, for necessary expenses for conducting scientific activities over-
seas, as authorized by law, $1,500,000, to remain available until
expended: Provided, That this appropriation shall be available in
addition to other appropriations for such activities, for payments in
the foregoing currencies.
EDUCATION DIVISION
OFFICE OF EDUCATION
ELEMENTARY AND SECONDARY EDUCATION
For carrying out, to the extent not otherwise provided, title I, part
A ($2,258,981,000), title I, part B ($24,769,000), title IV, part C
($184,522,000), title VII ($115,000,000), and title IX of the Elemen-
tary and Secondary Education Act; title VII of the Education Amend-
ments of 1974; the Environmental Education Act ($3,500,000) ; section
417(a) (2) of the General Education Provisions Act; the Communica-
tions Act of 1934, as amended; section 842 of Public Law 93-380;
the Alcohol and Drug Abuse Education Act; part B of the Headstart-
Follow Through Act ($59,000,000) ; and Public Law 92-506 as
amended, $2,703,572,000 of which $10,500,000 shall remain available
until September 30, 1978, for carrying out section 842 of Public Law
93-380 and $15,000,000 for educational broadcasting facilities shall
remain available until expended, including $1,000,000 for carrying out
section 392A of the Communications Act of 1934, as amended: Pro-
vided, That of the amounts appropriated above the following amounts
shall become available for obligation on July 1, 1977, and shall remain
available until September 30, 1978: title I, part A ($2,258,981,000),
title I, part B ($24,769,000), title IV, part C ($184,522,000) of the
Elementary and Secondary Education Act and section 417 (a) (2) of
the General Education Provisions Act ($1,250,000) : Provided further,
That amounts appropriated in Public Law 94-94 for carrying out title
I of the Elementary and Secondary Education Act in the fiscal year
1977 shall be available for carrying out section 822 of Public Law 93-
380. For carrying out title IV of the Elementary and Secondary Edu-
cation Act an additional $9,478,000 for fiscal year 1978: Provided, That
none of such funds may be paid to any State for which the allocation
for fiscal year 1978 exceeds the allocation for comparable purposes for
fiscal year 1977.
SCHOOL ASSISTANCE IN FEDERALLY AFFECTED AREAS
For carrying out title I of the Act of September 30, 1950, as
amended (20 U.S.C., ch. 13), $768,000,000 of which $52,500,000 shall
be for payments under section 6, and $715,500,000 shall be for pay-
H. R. 14232-10
ments under sections 2, 3, and 4 in accordance with subsection 5(c) (1)
and (2) of said Act and for payments under subparagraphs (A), (B),
(C), and (D) of section 305 of the Education Amendments of 1974.
For carrying out the Act of September 23, 1950, as amended (20
U.S.C., ch. 19), $25,000,000, which shall remain available until
expended, shall be for providing school facilities as authorized by said
Act of September 23, 1950: Provided, That, with the exception of up
to $6,000,000 for repairs for facilities constructed under section 10,
none of the funds contained herein for providing school facilities shall
be available to pay for any other section of the Act of September 23,
1950, until payment has been made of 100 per centum of the amounts
payable under section 5 and subsections 14(a) and 14(b) : Provided
further, That, of the funds provided herein for carrying out the Act
of September 23, 1950, no more than $8,000,000 may be used to fund
section 5 of said Act: Provided further, That, notwithstanding section
421A (c) (2) (A) of the General Education Provisions Act, the Com-
missioner of Education is authorized to approve applications for
funds to increase school facilities in communities located near the
Trident Support Site, Bangor, Washington, on such terms and con-
ditions as he may reasonably require without regard to any provision
in law.
EMERGENCY SCHOOL AID
For carrying out title IV of the Civil Rights Act of 1964 and the
Emergency School Aid Act, $274,700,000, of which $35,750,000 shall
be for section 708(a) and $137,600,000 shall be for section 706(a) of
the Emergency School Aid Act.
EDUCATION FOR THE HANDICAPPED
For carrying out, to the extent not otherwise provided, the Educa-
tion of the Handicapped Act, as amended by Public Law 94-142,
except for sections 607 and 618 $467,625,000: Provided, That of this
amount, $315,000,000 for part B and $12,500,000 for section 619 shall
become available for obligation on July 1, 1977, and shall remain
available until September 30, 1978: Provided, That the appropriations
for "Education for the handicapped" contained in title I, chapter VI
of Public Law 94-303 (Second Supplemental Appropriations Act,
1976) is amended by adding at the end thereof to remain available
until September 30, 1977": Provided further, That funds contained in
this title for "Special benefits for disabled coal miners" shall remain
available for benefit payments from July 1, 1976 through Septem-
ber 30, 1977.
OCCUPATIONAL, VOCATIONAL, AND ADULT EDUCATION
For carrying out, to the extent not otherwise provided, parts B and
C ($844,000,000) and section 104(b) of the Vocational Education
Act of 1963, as amended (20 U.S.C. 1241-1391), and the Adult Educa-
cation Act of 1966, $932,053,000, including not to exceed $31,500,000
for research and training under part C of said 1963 Act: Provided,
That of the amounts appropriated above the following amounts shall
become available for obligation on July 1, 1977, and shall remain
available until September 30, 1978: part B ($475,000,000), part C
($18,000,000) and section 104(b) ($4,316,000) of the Vocational Edu-
cation Act of 1963 and $80,500,000 for the Adult Education Act.
H. R. 14232-11
HIGHER EDUCATION
For carrying out, to the extent not otherwise provided, title IV
and section 966 of the Higher Education Act, the Emergency Insured
Student Loan Act of 1969, the Mutual Educational and Cultural
Exchange Act of 1961, and section 22 of the Act of June 29, 1935, as
amended (7 U.S.C. 329), $352,170,000, of which $325,000,000 for sub-
sidies on guaranteed student loans shall remain available until
expended.
LIBRARY RESOURCES
For carrying out, to the extent not otherwise provided, titles I
($56,900,000) and III ($3,337,000) of the Library Services and Con-
struction Act (20 U.S.C., ch. 16) ; and title IV, part B ($154,330,000)
of the Elementary and Secondary Education Act, $214,567,000 : Pro-
vided, That the amount appropriated above for title IV, part B of
the Elementary and Secondary Education Act shall become available
for obligation on July 1, 1977, and shall remain available until Sep-
tember 30, 1978.
SPECIAL PROJECTS AND TRAINING
For carrying out the Special Projects Act (Public Law 93-380) and
section 422(a) of the General Education Provisions Act, $47,493,000.
EDUCATIONAL ACTIVITIES OVERSEAS (SPECIAL FOREIGN CURENCY
PROGRAM)
For payments in foreign currencies which the Treasury Department
determines to be in excess to the normal requirements of the United
States, for necessary expenses of the Office of Education, as authorized
by law, $2,000,000, to remain available until expended Provided, That
this appropriation shall be available, in addition to other appropria-
tions to such office, for payments in the foregoing currencies.
SALARIES AND EXPENSES
For carrying out, to the extent not otherwise provided, the General
Education Provisions Act, and the Education Amendments of 1974,
including rental of conference rooms in the District of Columbia,
$115,784,000.
HIGHER EDUCATION FACILITIES LOAN AND INSURANCE FUND
For the payment of such insufficiencies as may be required by the
trustee on account of outstanding beneficial interest or participations
in assets of the Office of Education authorized by the Department
of Health, Education, and Welfare Appropriation Act, 1968, to be
issued pursuant to section 302(c) of the Federal National Mortgage
Association Charter Act (12 U.S.C. 1717(c)), $2,119,000, to remain
available until expended, and the Secretary is hereby authorized to
make such expenditures, within the limits of funds available in the
Higher Education Facilities Loan and Insurance Fund, and in accord
with law, and to make such contracts and commitments without regard
to fiscal year limitation as provided by section 104 of the Government
Corporation Control Act (31 U.S.C. 849) as may be necessary in
carrying out the program set forth in the budget for the current fiscal
year for such fund.
H. R. 14232-12
OFFICE OF THE ASSISTANT SECRETARY FOR EDUCATION
SALARIES AND EXPENSES
For necessary expenses to carry out sections 402 and 406 of the
General Education Provisions Act, $20,446,000, of which not to exceed
$1,500 may be for official reception and representation expenses.
SOCIAL AND REHABILITATION SERVICE
PUBLIC ASSISTANCE
For carrying out, except as otherwise provided, titles I, IV, X,
XI, XIV, XVI, XIX, and XX of the Social Security Act, and the
Act of July 5, 1960 (24 U.S.C., ch. 9) $18,040,850,000, of which
$56,500,000 shall be for child welfare services under part B of title IV.
For making, after June 30 of the current fiscal year, payments to
States under titles I, IV, X, XIV, XVI, XIX and XX, respectively,
of the Social Security Act, for the last three months of the current
fiscal year (except with respect to activities included in the appro-
priation for "Work incentives") ; and for making after July 31 of
the current fiscal year, payments for the first quarter of the succeed-
ing fiscal year; such sums as may be necessary, the obligations
incurred and the expenditures made thereunder for payments under
each of such titles to be charged to the subsequent appropriations
therefor for the current or succeeding fiscal year.
In the administration of titles I, IV (other than part C thereof),
X, XIV, XVI, XIX, and XX, respectively, of the Social Security Act,
payments to a State under any such titles for any quarter in the period
beginning July 1, 1976, and ending September 30, 1977 may be made
with respect to a State plan approved under such title prior to or dur-
ing such period, but no such payment shall be made with respect to any
plan for any quarter prior to the quarter in which a subsequently
approved plan was submitted.
Such amounts as may be necessary from this appropriation shall be
available for grants to States for any period in fiscal year 1976 and
the period July 1, 1976 through September 30, 1976 subsequent to
March 31, 1976.
WORK INCENTIVES
For carrying out a work incentives program, as authorized by part
C of title IV of the Social Security Act, including registration of indi-
viduals for such program, and for related child care and other sup-
portive services, as authorized by section 402(a) (19) (G) of the Act,
including transfer to the Secretary of Labor, as authorized by section
431 of the Act, $370,000,000, which shall be the maximum amount
available for transfer to the Secretary of Labor and to which the States
may become entitled pursuant to section 403(d) of such Act, for these
purposes.
PROGRAM ADMINISTRATION
For expenses necessary for the administration of public assistance
programs, $62,895,000.
GERALD LIBRARY FORD
H. R. 14232-13
SOCIAL SECURITY ADMINISTRATION
PAYMENTS TO SOCIAL SECURITY TRUST FUNDS
For payment to the Federal Old-Age and Survivors Insurance, the
Federal Disability Insurance, the Federal Hospital Insurance, and the
Federal Supplementary Medical Insurance Trust Funds, as provided
under sections 217 (g), 228(g), 229(b), and 1844 of the Social Security
Act, and sections 103(c) and 111(d) of the Social Security Amend-
ments of 1965, $6,713,902,000.
SPECIAL BENEFITS FOR DISABLED COAL MINERS
For carrying out title IV of the Federal Coal Mine Health and
Safety Act of 1969, as amended, including the payment of travel
expenses either on an actual cost or commuted basis, to an individual
for travel incident to medical examinations, and to parties, their
representatives and all reasonably necessary witnesses for travel within
the United States, Puerto Rico, and the Virgin Islands, to reconsidera-
tion interviews and to proceedings before administrative law judges,
$913,897,000 : Provided, That after July 31, such amounts for benefit
payments as may be necessary may be charged to the subsequent
year appropriation.
Whenever the Commissioner of Social Security finds it will pro-
mote the achievement of the provisions of title IV of the Federal
Coal Mine Health and Safety Act of 1969, as amended, qualified per-
sons may be appointed to conduct hearings thereunder without meet-
ing the requirements for administrative law judges appointed under
5 U.S.C. 3105, but such appointments shall terminate not later than
March 31, 1978: Provided, That no person shall hold a hearing in any
case with which he has been concerned previously in the administra-
tion of such title.
SUPPLEMENTAL SECURITY INCOME PROGRAM
For carrying out the Supplemental Security Income program under
title XVI of the Social Security Act, section 401 of Public Law
92-603, and section 212 of Public Law 93-66, including payment to
the social security trust funds for administrative expenses incurred
pursuant to section 201 (g) (1) of the Social Security Act,
$5,895,122,000 : Provided, That for carrying out these activities after
July 31, such sums as may be necessary shall be available, the obliga-
tions and expenditures therefor to be charged to the appropriation for
the succeeding fiscal year.
LIMITATION ON SALARIES AND EXPENSES
For necessary expenses, not more than $2,561,773,000 may be
expended as authorized by section 201(g) (1) of the Social Security
Act, from any one or all of the trust funds referred to therein: Pro-
vided, That such amounts as are required shall be available to pay
travel expenses either on an actual cost or commuted basis, to an indi-
vidual for travel incident to medical examinations, and to parties,
their representatives and all reasonably necessary witnesses for travel
within the United States, Puerto Rico, and the Virgin Islands to
reconsideration interviews and to proceedings before administrative
law judges under titles II, XVI, and XVIII of the Social Security
Act: Provided further, That $25,000,000 of the foregoing amount shall
be apportioned for use pursuant to section 3679 of the Revised Statutes
GERAAD FORD
H. R. 14232-14
(31 U.S.C. 665), only to the extent necessary to process workloads not
anticipated in the budget estimates and to meet mandatory increases
in costs of agencies or organizations with which agreements have been
made to participate in the administration of titles XVI and XVIII
and section 221 of title II of the Social Security Act, and after maxi-
mum absorption of such costs within the remainder of the existing
limitation has been achieved: Provided further, That such amounts as
may be required may be expended for administration within the United
States of the social insurance program of the United Kingdom, under
terms of an agreement wherein similar services will be provided by
the United Kingdom in that country for administration of the social
insurance program of the United States.
LIMITATION ON CONSTRUCTION
For acquisition of sites, construction and equipment of facilities and
for payments of principal, interest, taxes, and any other obligations
under contracts entered into pursuant to the Public Buildings Pur-
chase Contract Act of 1954 and the Public Buildings Amendments of
1972, $14,400,000, to be expended as authorized by section 201 (g) (1)
of the Social Security Act, from any one or all of the trust funds
referred to therein, and to remain available until expended.
SPECIAL INSTITUTIONS
AMERICAN PRINTING HOUSE FOR THE BLIND
For carrying out the Act of March 3, 1879, as amended (20 U.S.C.
101-105), $3,012,000.
NATIONAL TECHNICAL INSTITUTE FOR THE DEAF
For carrying out the National Technical Institute for the Deaf
Act (20 U.S.C. 681, et seq.), $12,675,000.
GALLAUDET COLLEGE
For carrying out the Model Secondary School for the Deaf Act
(80 Stat. 1027) and for the partial support of Gallaudet College
authorized by the Act of June 18, 1954 (68 Stat. 265), $40,840,000 of
which $15,575,000 shall be for construction and shall remain avail-
able until expended: Provided, That if requested by the college,
such construction shall be supervised by the General Services
Administration.
HOWARD UNIVERSITY
For the partial support of Howard University, $82,409,000, of
which $2,500,000 shall be for construction and shall remain avail-
able until expended: Provided, That if requested by the university,
such construction shall be supervised by the General Services
Administration.
ASSISTANT SECRETARY FOR HUMAN DEVELOPMENT
HUMAN DEVELOPMENT
For carrying out, except as otherwise provided, section 426 of the
Social Security Act, the Act of April 9, 1912 (42 U.S.C. 191), the
Older Americans Act of 1965, as amended, the Child Abuse Preven-
H. R. 14232-15
tion and Treatment Act, the Runaway Youth Act, the Community
Services Act of 1974, sections 106, 107 and 306 of the Comprehensive
Employment and Training Act of 1973, the Rehabilitation Act of
1973, as amended, the International Health Research Act of 1960,
the Developmental Disabilities Services and Facilities Construction
Act, as amended, and the White House Conference on Handicapped
Individuals Act, $1,896,023,000, of which $740,000,000 shall be for
activities under section 110(a) of the Rehabilitation Act of 1973;
$309,000 shall be for section 110(b) of such Act; and $30,058,000 shall
be for grants under part C of the Developmental Disabilities Services
and Facilities Construction Act, as amended, together with not to
exceed $600,000 to be transferred from the Federal Disability Insur-
ance Trust Fund and the Federal Old-Age and Survivors Insurance
Trust Fund as provided by section 201 (g) (1) of the Social Security
Act: Provided further, That the level of operations for the nutrition
services for the elderly program shall be $225,000,000 per annum.
DEPARTMENTAL MANAGEMENT
OFFICE FOR CIVIL RIGHTS
For expenses necessary for the Office for Civil Rights $29,685,000,
together with not to exceed $919,000, to be transferred and expended
as authorized by section 201 (g) (1) of the Social Security Act from
any one or all of the trust funds referred to therein.
GENERAL DEPARTMENTAL MANAGEMENT
For expenses not otherwise provided, necessary for general depart-
mental management, including hire of six medium sedans, $89,511,000
together with not to exceed $12,872,000 to be transferred and expended
as authorized by section 201 (g) (1) of the Social Security Act from
any one or all of the trust funds referred to therein.
POLICY RESEARCH
For carrying out, to the extent not otherwise provided, research
studies under section 232 of the Community Services Act of 1974 and
section 1110 of the Social Security Act, $20,000,000.
GENERAL PROVISIONS
SEC. 201. None of the funds appropriated by this title to the Social
and Rehabilitation Service for grants-in-aid of State agencies to cover,
in whole or in part, the cost of operation of said agencies, including
the salaries and expenses of officers and employees of said agencies,
shall be withheld from the said agencies of any States which have
established by legislative enactment and have in operation a merit
system and classification and compensation plan covering the selection,
tenure in office, and compensation of their employees, because of any
disapproval of their personnel or the manner of their selection by the
agencies of the said States, or the rates of pay of said officers or
employees.
SEC. 202. Funds appropriated in this Act to the American Printing
House for the Blind, Howard University, the National Technical
Institute for the Deaf, and Gallaudet College shall be awarded to these
institutions in the form of lump-sum grants and expenditures made
therefrom shall be subject to audit by the Secretary of Health, Educa-
tion, and Welfare.
H. R. 14232-16
SEC. 203. None of the funds provided herein shall be used to pay any
recipient of a grant for the conduct of a research project an amount
equal to as much as the entire cost of such project.
SEC. 204. None of the funds contained in this title shall be available
for additional permanent positions in the Washington area if the total
authorized positions in the Washington area is allowed to exceed the
proportion existing at the close of fiscal year 1966.
SEC. 205. Appropriations in this Act for the Health Services Admin-
istration, the National Institutes of Health, the Center for Disease
Control, the Alcohol, Drug Abuse, and Mental Health Administration,
the Health Resources Administration and Departmental Management
shall be available for expenses for active commissioned officers in the
Public Health Service Reserve Corps and for not to exceed two thou-
sand eight hundred commissioned officers in the Regular Corps;
expenses incident to the dissemination of health information in foreign
countries through exhibits and other appropriate means; advances of
funds for compensation, travel, and subsistence expenses (or per diem
in lieu thereof) for persons coming from abroad to participate in
health or scientific activities of the Department pursuant to law;
expenses of primary and secondary schooling of dependents in foreign
countries, of Public Health Service commissioned officers stationed in
foreign countries, at costs for any given area not in excess of those of
the Department of Defense for the same area, when it is determined by
the Secretary that the schools available in the locality are unable to
provide adequately for the education of such dependents, and for the
transportation of such dependents between such schools and their
places of residence when the schools are not accessible to such depend-
ents by regular means of transportation; rental or lease of living quar-
ters (for periods not exceeding 5 years), and provision of heat, fuel,
and light, and maintenance, improvement, and repair of such quarters,
and advance payments therefor, for civilian officers, and employees of
the Public Health Service who are United States citizens and who have
a permanent station in a foreign country; purchase, erection, and
maintenance of temporary or portable structures; and for the payment
of compensation to consultants or individual scientists appointed for
limited periods of time pursuant to section 207(f) or section 207 (g)
of the Public Health Service Act, at rates established by the Assistant
Secretary for Health, or the Secretary where such action is required
by statute, not to exceed the per diem rate equivalent to the rate for
GS-18; not to exceed $9,500 for official reception and representation
expenses related to any health agency of the Department when specifi-
cally approved by the Assistant Secretary for Health.
Sec. 206. No part of the funds contained in this title may be used
to force any school or school district which is desegregated as that
term is defined in title IV of the Civil Rights Act of 1964, Public
Law 88-352, to take any action to force the busing of students; to
force on account of race, creed, or color the abolishment of any school
SO desegregated; or to force the transfer or assignment of any student
attending any elementary or secondary school so desegregated to or
from a particular school over the protest of his or her parents or
parent.
SEC. 207. (a) No part of the funds contained in this title shall be
used to force any school or school district which is desegregated as
that term is defined in title IV of the Civil Rights Act of 1964, Public
Law 88-352, to take any action to force the busing of students; to
require the abolishment of any school so desegregated; or to force on
account of race, creed, or color the transfer of students to or from
H. R. 14232-17
a particular school so desegregated as a condition precedent to obtain-
ing Federal funds otherwise available to any State, school district,
or school.
(b) No funds appropriated in this Act may be used for the trans-
portation of students or teachers (or for the purchase of equipment
for such transportation) in order to overcome racial imbalance in any
school or school system, or for the transportation of students or
teachers (or for the purchase of equipment for such transportation)
in order to carry out a plan of racial desegregation of any school or
school system.
SEC. 208. None of the funds contained in this Act shall be used to
require, directly or indirectly, the transportation of any student to
a school other than the school which is nearest the student's home,
and which offers the courses of study pursued by such student, in order
to comply with title VI of the Civil Rights Act of 1964.
SEC. 209. None of the funds contained in this Act shall be used to
perform abortions except where the life of the mother would be
endangered if the fetus were carried to term.
TITLE III-RELATED AGENCIES
ACTION
OPERATING EXPENSES, DOMESTIC PROGRAMS
For expenses necessary for Action to carry out the provisions of the
Domestic Volunteer Service Act of 1973, as amended, $108,200,000.
COMMUNITY SERVICES ADMINISTRATION
COMMUNITY SERVICES PROGRAM
For expenses of the Community Services Administration,
$511,170,000.
CORPORATION FOR PUBLIC BROADCASTING
PUBLIC BROADCASTING FUND
For payment to the Corporation for Public Broadcasting, as author-
ized by the Public Broadcasting Financing Act of 1975, an amount
which shall be available within limitations specified by said Act, for
the fiscal year 1977, $103,000,000; for the fiscal year 1978, $107,150,000;
and for the fiscal year 1979, $120,200,000 : Provided, That no funds
made available to the Corporation for Public Broadcasting by this
Act shall be used to pay for receptions, parties and similar forms of
entertainment for government officials or employees: Provided fur-
ther, That none of the funds contained in this paragraph shall be
available or used to aid or support any program or activity excluding
from participation in, denying the benefits of, or discriminating
against any person in the United States, on the basis of race, color,
national origin, religion, or sex.
FEDERAL MEDIATION AND CONCILIATION SERVICE
SALARIES AND EXPENSES
For expenses necessary for the Federal Mediation and Conciliation
Service to carry out the functions vested in it by the Labor-Manage-
ment Relations Act, 1947 (29 U.S.C. 171-180, 182), including expenses
of the Labor-Management Panel and boards of inquiry appointed by
FORD
the
GERALD
H. R. 14232-18
the President; hire of passenger motor vehicles; and rental of confer-
ence rooms in the District of Columbia; and for expenses necessary
pursuant to Public Law 93-360 for mandatory mediation in health
care industry negotiation disputes, and for convening factfinding
boards of inquiry appointed by the Director in the health care indus-
try, $20,328,000.
NATIONAL COMMISSION ON LIBRARIES AND INFORMATION SCIENCE
SALARIES AND EXPENSES
For necessary expenses of the National Commission on Libraries
and Information Science, established by the Act of July 20, 1970
(Public Law 91-345), $492,575.
NATIONAL LABOR RELATIONS BOARD
SALARIES AND EXPENSES
For expenses necessary for the National Labor Relations Board to
carry out the functions vested in it by the Labor-Management Rela-
tions Act, 1947, as amended (29 U.S.C. 141-167), and other laws,
$77,776,000 : Provided, That no part of this appropriation shall be
available to organize or assist in organizing agricultural laborers or
used in connection with investigations, hearings, directives, or orders
concerning bargaining units composed of agricultural laborers as
referred to in section 2(3) of the Act of July 5, 1935 (29 U.S.C. 152),
and as amended by the Labor-Management Relations Act, 1947, as
amended, and as defined in section 3(f) of the Act of June 25, 1938
(29 U.S.C. 203), and including in said definition employees engaged
in the maintenance and operation of ditches, canals, reservoirs, and
waterways when maintained or operated on a mutual, nonprofit basis
and at least 95 per centum of the water stored or supplied thereby is
used for farming purposes.
NATIONAL MEDIATION BOARD
SALARIES AND EXPENSES
For expenses necessary for carrying out the provisions of the Rail-
way Labor Act, as amended (45 U.S.C. 151-188), including emergency
boards appointed by the President, $3,606,000.
OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION
SALARIES AND EXPENSES
For expenses necessary for the Occupational Safety and Health
Review Commission, $6,280,000.
RAILROAD RETIREMENT BOARD
PAYMENTS TO RAILROAD RETIREMENT TRUST FUND
For payment to the Railroad Retirement Account, as provided under
sections 15 (b) and 15(d) of the Railroad Retirement Act of 1974,
$250,000,000.
H. R. 14232-19
REGIONAL RAIL TRANSPORTATION PROTECTIVE ACCOUNT
For payment of benefits under section 509 of the Regional Rail
Reorganization Act of 1973, to remain available until expended,
including not to exceed $100,000 for payment to the Railroad Retire-
ment Board for administrative expenses, $40,000,000.
LIMITATION ON SALARIES AND EXPENSES
For expenses necessary for the Railroad Retirement Board,
$33,723,000, to be derived from the railroad retirement accounts: Pro-
vided, That $500,000 of the foregoing amount shall be apportioned for
use pursuant to section 3679 of the Revised Statutes, as amended (31
U.S.C. 665), only to the extent necessary to process workloads not
anticipated in the budget estimates and after maximum absorption of
the costs of such workloads within the remainder of the foregoing
limitation has been achieved: Provided further, That notwithstand-
ing any other provision in law, no portion of this limitation shall be
available for payments of standard level user charges pursuant to
section 210(j) of the Federal Property and Administrative Services
Act of 1949, as amended (40 U.S.C. 490(j) ; 45 U.S.C. 228a-r).
SOLDIERS' AND AIRMEN'S HOME
OPERATION AND MAINTENANCE
For maintenance and operation of the United States Soldiers' and
Airmen's Home, to be paid from the Soldiers' and Airmen's Home
permanent fund, $15,373,000 : Provided, That this appropriation shall
not be available for the payment of hospitalization of members of the
Home in United States Army hospitals at rates in excess of those
prescribed by the Secretary of the Army upon recommendation of the
Board of Commissioners of the Home and the Surgeon General of
the Army.
TITLE IV-GENERAL PROVISIONS
SEC. 401. Appropriations contained in this Act, available for sal-
aries and expenses, shall be available for services as authorized by 5
U.S.C. 3109 but at rates for individuals not to exceed the per diem
rate equivalent to the rate for GS-18.
SEC. 402. Appropriations contained in this Act available for salaries
and expenses shall be available for uniforms or allowances therefor as
authorized by law (5 U.S.C. 5901-5902).
SEC. 403. Appropriations contained in this Act available for salaries
and expenses shall be available for expenses of attendance at meetings
which are concerned with the functions or activities for which the
appropriation is made or which will contribute to improved conduct,
supervision, or management of those functions or activities.
SEC. 404. No part of the funds appropriated under this Act shall be
used to provide a loan, guarantee of a loan, a grant, the salary of or
any remuneration whatever to any individual applying for admission,
attending, employed by, teaching at, or doing research at an institu-
tion of higher education who has engaged in conduct on or after
August 1, 1969, which involves the use of (or the assistance to others
in the use of) force or the threat of force or the seizure of property
under the control of an institution of higher education, to require or
prevent the availability of certain curriculum, or to prevent the faculty,
administrative officials, or students in such institution from engaging
H. R. 14232-20
in their duties or pursuing their studies at such institution.
SEC. 405. The Secretary of Labor and the Secretary of Health, Edu-
cation, and Welfare are authorized to transfer unexpended balances
of prior appropriations to accounts corresponding to current appropri-
ations provided in this Act: Provided, That such transferred balances
are used for the same purpose, and for the same periods of time, for
which they were originally appropriated.
SEC. 406. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
SEC. 407. No part of any appropriation contained in this Act shall
be used, other than for normal and recognized executive-legislative
relationships, for publicity or propaganda purposes, for the prepara-
tion, distribution, or use of any kit, pamphlet, booklet, publication,
radio, television or film presentation designed to support or defeat
legislation pending before the Congress, except in presentation to the
Congress itself.
SEC. 408. The Secretary of Labor and the Secretary of Health,
Education, and Welfare are each authorized to make available not to
exceed $7,500 from funds available for salaries and expenses under
titles I and II, respectively, for official reception and representation
expenses; the Director of the Federal Mediation and Conciliation Serv-
ice is authorized to make available for official reception and representa-
tion expenses not to exceed $2,500 from funds available for "Salaries
and expenses, Federal Mediation and Conciliation Service".
SEC. 409. None of the funds appropriated by this Act shall be used
to pay for any research program or project or any program, project,
or course which is of an experimental nature, or any other activity
involving human participants, which is determined by the Secretary
or a court of competent jurisdiction to present a danger to the physical,
mental, or emotional well-being of a participant or subject of such pro-
gram, project, or course, without the written, informed consent of each
participant or subject, or his parents or legal guardian, if such partic-
ipant or subject is under eighteen years of age. The Secretary shall
adopt appropriate regulations respecting this section.
This Act may be cited as the "Departments of Labor and Health,
Education, and Welfare Appropriation Act, 1977".
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
THE WHITE HOUSE
WASHINGTON
File
January 16, 1976
ADMINISTRATIVELY CONFIDENTIAL
MEMORANDUM FOR:
PHIL BUCHEN
JIM CANNON
FROM:
JIM CONNOR
SUBJECT:
Abortion
The President reviewed your memorandum of January 15 on
the above subject and approved Statement 1 as amended:
"As President I am bound by my oath of office to uphold
the law of the land as interpreted by the Supreme Court
in its 1973 decisions on abortion. In those decisions the
Court ruled 7-2 that States could not interfere with a
woman's decision to have an abortion the first three
months.
As a matter of personal philosophy, however, my belief
is that a remedy should be available in cases of serious
illness or rape. Personally I do not favor abortion on
demand.
I feel that abortion is a matter better decided at the State
level. While House Minority Leader, I co-sponsored
a proposed amendment to the Constitution to permit the
individual States to enact legislation governing abortion."
Please follow-up with appropriate action.
CC: Dick Cheney
FORD i GERALD LIBRARY
file
copy
THE WHITE HOUSE
Sprin WASHINGTON Meenusde 2/2/16 -
Dish Proor -
74!
/
Our
FORD & LIBRARY GERVID
THE WHITE HOUSE
WASHINGTON
TO: Jim Cannon
FROM: Robert A. Goldwin Boe
COMMENTS:
Kristol on
aborting
TOR,
GERSON
GER
THE
Public
EDITORIAL OFFICES: 10 East 53 Street, New York, N. Y. 10022
Interest
Editors: IRVING KRISTOL
NATHAN GLAZER
Associate Editor: PAUL WEAVER
January 28, 1976
Mr. Robert Goldwin
Room 170
Old Executive Office Building
Washington, D.C. 20500
Dear Bob:
This letter concerns itself with abortion, of all things. It has
become a rather important issue in the Democratic primaries, and I assume
that it will be some kind of issue in the election itself. I do think it
important, therefore, that the President take an unequivocal position on
the subject and that he do so as soon as possible. The reason for speed
is two-fold. First, once the President takes a position, all the Democratic
candidates are going to be forced to take a position, and this will make
life very difficult for them in their primaries. Secondly, one does not
want the President's position on abortion to appear to be "political" --
i.e., simply a vote-getting ploy. I don't think it should be; I hope it
won't be; and it certainly must not seem to be.
My own view on abortion is identical with that of the late Alex Bickel's,
as expressed in an article in The New Republic (of all places) immediately
after the Supreme Court decision. In a heterogeneous society such as ours,
it's folly to try to dictate to the citizenry a national policy on such a
controversial moral issue. The President, therefore, should support a
constitutional amendment which returns the issue of abortion to the states.
The states can, then, if they wish, devolve decision-making on this issue
to local communities. This is what we did on the question of alcohol.
National prohibition did not work, and a national prohibition of prohibition
would, in my view, be wrong. We have "dry" states and "wet" states, "dry"
counties and "wet" counties, and the system seems to work rather well. At
least the issue of liquor itself has been defused. I think this should
be our national attitude with regard to abortion. And, in view of the
Supreme Court's opinion, unfortunately, a constititional amendment is required.
GERALD R. FORD
Publisher: Warren Demian Manshel
Chairman of the Publication Committee: Daniel Bel
Publication Committee: Orville G. Brim, Jr.
Nathan Glazer
Daniel P. Moynihan
Arthur J. Rosenthal
Leo Rosten
Martin E. Sega
Stanley Simon
Arthur L. Singer, Jr.
Robert M. Solow
Roger Starr
James Q. Wilson
- 2 -
Mr. Robert Goldwin
1/28/76
If the President were to take this position very soon, and if he were to
state it in a calm and utterly decisive way, he would get it "out of the
way," so far as his own campaign is concerned. He will also put it "in
the way" of the Democratic candidates, for whose constituencies it is a
much more controversial issue.
So that's my view, for what it's worth.
Best,
Irving
Irving Kristol
IK:rl
FORD i LIBRARY GERALD
[ca. Aug. 1976] 1976
18. ABORTION
1972 Republican Platform:
Since 1969, we have increased the Federal support for
family planning threefold. We will continue to support
expanded family planning programs and will foster re-
search in this area SO that more parents will be better able
to plan the number and spacing of their children should
they wish to do so. Under no circumstances will we allow
any of these programs to become compulsory or infringe
upon the religious conviction or personal freedom of any
individual.
Ford Position: Tne President is personally opposed to abortion on
demand and believes that the 1973 Supreme Court decision went
too far in that direction. He is also opposed to a constitutional
amendment which would totally prohibit abortion. The President
would support a constitutional amendment giving to the states
the authority to make regulations for abortion within that state.
Such moral and deeply personal issues should not be settled as
a matter of national policy, but rather should be decided by the
people close to home in their own states.
Administration Actions:
Need
-DOD complies with the Supreme Court decision and provides abortions
THE
as a normal medical service in its hospitals.
HEW has its public health service facilities complying with the
Supreme Court decisions and provides abortions as normal medical
for twan
procedure.
-HEW reimburses states for abortions under medicaid and social
services.
Opponents Positions
1976 Democratic Platform
We fully recognize the religious and ethical nature of the
concerns which many Americans have on the subject of abortion. We
feel. however, that it is undesirable to attempt to amend the U.S.
GERALD FORD LIBRARY
Constitution to overturn the Supreme Court decision in this area.
Carter
Carter has expressed personal opposition to abortion. "The
government shouldn't encourage it" (Washington Post, January
24, 1976). Carter has come out in favor of a "national
statute" that would "restrict the practice of abortion in
our country" (Chicago Tribune, January 28, 1976: Washington
Post, January 23, 1976). His proposal provides "better
education, better family planning, making better contra-
ceptive devises available and providing for better adoption
procedures to minimize abortions" (Washington Star, January
25, 1976). He does not favor a Constitutional amendment
18. ABORTION (Cont.)
to prohibit all abortions or to give states local option
authority. He would work with religious leaders and others
to minimize need for abortions.
Reagan
Reagan believes abortion should be done only to save the
life of the mother, not under any other circumstances. He
favors a Constitutional amendment that would ban abortions
altogether, giving states the power to make exceptions in
extraordinary cases.
Draft Language:
GERALD FORD LIBRARY
Alternatives
(From Catholic Conference)
The 1973 abortion opinions £ the U.S. Suprème Court (Roe V.
Wade, Doe V. Bolton) in effect denied the possibility of any
legal protection for the right to life of the unborn child during
the entire time of pregnancy. By definition in Roe and Doe,
maternal health is interpreted broadly to include socio-economic
reasons and reasons of convenience. Roe and Doe effectively
established a new national policy of permissive abortion in which
more than one million legal abortions now take place each year,
with anticipation of reaching 2.4 million by 1930.
The most recent decisions of the U.S. Supreme Court
(Danforth V. Planned Parenthood of Central Missouri, Bellotti
V. Baird, Singleton V. Wulff) have re-enforced the Court's
commitment to a policy of permissive abortion and have denied
spouses and parents of teenaged girls rights and prerogatives
natural to the family unit. These opinions, based on an
erroneous conceptualization of family life, constitute an
abandonment of support for the family as a basic social insti-
tution that has been a foundation of our law and social policy.
18. ABORTION (Cont.)
In order to re-establish a legal structure that protects
unborn human life and restores the possibility of enacting
laws restricting the practice of abortion, it is necessary to
amend the Constitution. The Republican Party favors a con-
tinuance of the public dialogue on abortion and supports
the efforts of those who seek enactment of a Constitutional
amendment to restore protection of the right to life for unborn
children.
* * *
Abortion is a moral and deeply personal issue which should
not be settled by a national political decision. In this
respect, the 1973 Supreme Court decision and recent decisions
have gone too far in laying down inflexible national rules.
The way abortion is treated should be decided by the people
in their own states, close to their homes. [We are determined
to protect the rights of the unborn child.]
* * *
FORD i LIBRARY GERALD
(From Senator Dole Ellen McCormick's suggestion)
We oppose the widespread practice of abortion-on-demand
as well as the use of federal funds to pay for abortions. We
protect the Supreme Court's intrusion into the family structure
through its denial of the parents' right to guide their minor
children. We favor a Constitutional amendment to resolve these
issues.
*
*
*
(meahar draf+)
The question of abortion is one of the most difficult and
controversial of our time. We believe it is fundamentally a
moral issue and each woman must deal with it on that basis.
There are those in our Party who favor support for the Supreme
Court decision which allows abortion on demand. There are others
who feel most deeply that the Supreme Court's decision must be
18. ABORTION (Cont.)
changed by a Constitutional amendment prohibiting all
abortions. Others recommend a Constitutional amendment
allowing each State the right to determine legality of
abortions. We have been unable to reach any consensus
on this important issue, except that there is no con-
sensus. Thus, in honesty, we take no position, believing
that all should be free to support actively whichever
position their conscience dictates.
FORD i LIBRARY GENALD
Rle
MEMORANDUM
THE WHITE HOUSE
INFORMATION
WASHINGTON
August 20, 1976
MEMORANDUM FOR:
Jim Cannon
FROM:
Dick Parsons
FORD & GENALD LIBRARY
SUBJECT:
Abortion
You asked me to review the recent Supreme Court actions in the
area of abortion and to give you my views on the latitude the
Court has left the Legislative and Executive Branches of
government to condition a minor child's right to an abortion
on the consent of her parents.
CASE REVIEW
In 1973, in the case of Roe V. Wade, the Supreme Court held that
the "right of privacy ... [guaranteed by the Constitution] ... is
broad enough to encompass a woman's decision whether or not to
terminate her pregnancy" and that "for the stage prior to approxi-
mately the end of the first trimester, the abortion decision and
its effectuation must be left to the medical judgment of the
pregnant woman's attending physician," without interference from
the State.
On July 1 of this year, in the case of Planned Parenthood V.
Danforth, the Court held that a State may not constitutionally
impose a blanket parental consent requirement as a condition for
an unmarried minor's abortion during the first 12 weeks of preg-
nancy. The Court reasoned that the State could not delegate to
a third person a veto power over another's decision to seek an
abortion which the State itself does not have.
On that same day (July 1, 1976), the Court, in Bellotti V Baird,
refused to rule on the constitutionality of a Massachusetts
statute which required parental consent as a condition for an
unmarried minor's abortion but which also provided that, if one
or both parents refused to consent, consent for the abortion could
be obtained by order of a judge of the Superior Court for "good
cause shown." Instead, the Court sent the case to the Supreme
Court of Massachusetts for a definitive ruling on the meaning of
the statute, in particular the words "good cause." The Court
noted that abstention is appropriate where an unconstrued State
statute is susceptible of a construction by the State judiciary
"which might avoid in whole or in part the necessity for federal
constitutional adjudication, or at least materially change the
nature of the problem."
2
DISCUSSION
I believe the Court has left the Legislative and Executive
Branches very little room to maneuver in terms of requiring
parental consent for the abortion of an unwed minor. True, the
Court refused to hold the Massachusetts law unconstitutional,
but I believe this was more a manifestation of the traditional
reluctance of the Court to invalidate State laws if there is any
way to avoid doing SO. It is clear to me that, while the Court
is sympathetic to the desirability and utility of parental con-
sultation, it is not inclined to let stand a law which gives a
parent the right effectively to require a minor to have a child
against her will.
There does appear to be one area, however, which it might profit
us to scrutinize more closely. In Danforth, the Court said:
"We emphasize that our holding
[today]
does not suggest
that every minor, regardless of age or maturity, may give
effective consent for termination of her pregnancy. * The
implication is that, where it could be shown that a particular
minor was not capable of giving informed consent to an abortion,
some other person having a legal responsibility for the minor,
such as a parent, would have to give consent.
I would think it would be constitutionally permissible, therefore,
for a State to establish a procedure whereby a physician would be
required to notify the parents of any minor who requests an
abortion and the parents would be given an opportunity to
challenge (probably in court under an expedited procedure) the
ability of the child to consent to the abortion. If the court
found that the child was not capable of giving consent, then
parental consent could be required (or, perhaps, court approval).
In terms of what the appropriate Federal role is, however, I don't
see one. The procedure described above would have to be set up
on a State-by-State basis, not by the Federal government. There
is always the old "constitutional amendment" routine, but, as the
President has pointed out, that just is not realistic. The
President may, of course, use his office to urge others (in this
case the States) to act, but I, for one, would not consider that
a particularly useful thing to do in this case.
I should be pleased to discuss this matter with you in detail
at your convenience.
* The Court also decided in Danforth that a State could
constitutionally require a woman to consent in writing to
an abortion, to insure that she is fully aware of the
magnitude and consequences of her decision. This would
apply to minors as well as adults.
FORD & LIBRARY
CC: Sarah Massengale
THE WHITE HOUSE
WASHINGTON
January 27, 1976
MEMORANDUM FOR THE FILE
FROM:
SARAH MASSENGALE
SUBJECT:
Meeting with representatives of three anti-abortion
groups, Thursday, January 22, 1976, 10:45-11:15 a.m.
Participants
Ms. Nellie Grey, March for Life Committee
Ms. Randy Engle, U.S. Coalition for Life
Reverend Harold Brown, Chrisitan Action Council
(Dr. Mildred Jefferson, National Right to Life, was unable
to attend)
Philip Buchen
Marjorie Lynch, HEW
Judy Wolf, DOJ
Bobbie Kilberg, Counsel's Office
H. P. Goldfield, Counsel's Office
Judy Hope, Domestic Council
Sarah Massengale, Domestic Council
This meeting was requested by Ms. Grey to be held on the
day of the Pro-Life march protesting the 1973 Supreme Court
decisions on abortion.
Ms. Massengale indicated that the purpose of the meeting since
it had been requested by Ms. Grey was to listen to what the
three organization representatives had to say.
Ms. Grey said that a purpose of the meeting was to establish
communication and contact with the persons within the Federal
Government who could be responsive to the concerns of the
various "anti-abortion" or "pro-life" groups. She expressed
strong concern about "tax dollars being used to pay for abortions.
Ms. Grey indicated that even though the government could not
prohibit abortion it was not necessary to encourage and to fund
abortions.
In addition to challenging "liberal" state laws in the courts,
Ms. Grey wanted to open a dialogue with people at HEW and at
Justice who could re-examine the legality of Federal actions
(e.g. HEW reimbursement for abortions for Medicaid patients).
Ms. Lynch and Ms. Wolf each indicated that they would be willing
to talk again with Ms. Grey and her colleagues.
- 2 -
Reverend Brown said that his major concern was the enactment
of a "pro-life" amendment to the Constitution but that he
realized the proper realm for action on that was the Congress,
not the Executive Branch.
Ms. Engle expressed her opposition to: HEW abortion policy,
HEW and AID family planning, population control and birth
control, policies and programs, fetal research, and sex
education in the schools.
The representatives of the Administration listened to the
concerns expressed. All present agreed that further communica-
tion would be directed to HEW (Ms. Lynch) and Justice (Ms. Wolf).
FORD & LIBRARY GERALD
9/6/76 File
THE WHITE HOUSE
WASHINGTON
August 30, 1976
South Thanks
MEMORANDUM FOR:
JIM CANNON
FROM:
Report in White Mary summary
SARAH MASSENGALE
Ju
SUBJECT:
f
8/17/76 on Meeting with White House
Staff and Representatives of Anti-
Abortion Groups
Attached is a report reprinted in the White House news
summary of 8/17 from Human Events.
The quote from Mrs. Engel is inaccurate. As you can see from
my memorandum of January 27, 1976, summarizing the events of
the meeting (attached), Mrs. Engel did meet with the Domestic
Council Staff on January 22, 1976.
The meeting took place in Phil Buchen's office. The adminis-
tration people present were:
Phil Buchen
Under Secretary Lynch
Bobbie Kilberg (Buchen's staff)
H.P. Goldfield (Buchen's staff)
Judy Wolf (Justice)
Judy Hope
Sarah Massengale
The anti-abortion forces were represented by:
Ms. Nellie Grey, March for Life Committee
Ms. Randy Engel, U.S. Coalition for Life
Reverend Harold Brown, Christian Action Council
Dr. Mildred Jefferson, also quoted in the Human Events story
was invited but unable to attend.
The meeting was held at Mrs. Grey's request. The anti-abortion
groups met in Washington on that day for their annual "March
for Life" rally at the Capitol and the White House.
FORD is LIBRARY GERALD
- 2 -
The purpose of the meeting was to listen to what each of the
three organization representatives had to say. Each spoke
and responded to questions from us. We were each careful
not to express an opinion (either personal or official) but
to limit ourselves to asking questions.
I believe that Mrs. Engel's quote is an incorrect interpre-
tation of a remark made by Bobbie Kilberg. She reported
that a frequently cited argument for continuing HEW funding
of abortions is that it would be discriminatory to deny the
poor this right. She was repeating and not arguing for
that position.
FORD & LIBRARY SERALD
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Presidency
MAGAZINE SUPPLEMENT
25
Catholics Cheer Ford—
tic Council. Mr. Ford's men argued for the federal
funding of abortion, saying it was discriminatory to
But Why?
deny the poor this right. (This is fascinating because
Robert Bork. the solicitor general of the U.S., has ar-
By JOHN D. LOFTON JR.
gued in a Supreme Court brief that because there is a
constitutional right to abortion doesn't mean the
When it comes to talking about the right to life.
American taxpayer has to pay for the abortion.)
President Ford makes a good speech. Not a great one.
Anyway, such HEW-funded Medicaid abortions
but a good one. And in Philadelphia the other day-
snuff out the lives of approximately a quarter of a mil-
just a week or so before the Republican convention-
lion unborn children, at an annual cost to the tax-
talking to 100.000 Catholics attending the 41st Inter-
payer of about $50 million.
national Eucharistic Congress. Mr. Ford had the
Mrs. Engel notes that under Mr. Ford's Administra-
bishops and cardinals standing and applauding his at-
tion. the Agency for International Development's
tacks on "a rising tide of secularism" and its concom-
Office of Population Affairs has doled out millions of
itant. "the increased irreverence for life."
taxpayer dollars to such aggressively pro-abortion
But the nitty-gritty, bottom-line question as re-
groups as the International Planned Parenthood Fed-
gards the President's position on abortion is not
eration, the Population Council. and the U.N.'s Fund
what does he say about the right to life, but what
for Population Activities.
during his two years as the nation's Chief Executive
Mrs. Engel further points out that when the federal
has he done to ensure this right. And when this as-
government began taking in Vietnamese refugees at
pect of the issue is examined, the record of Mr.
four military installations last year, President Ford's
Ford and his Administration is a dismal one in-
HEW Department immediately set up a "family
deed.
planning program" at two of these posts which re-
In fact. Mrs. Randy Engel. executive director of the
sulted in about 100 abortions being performed, abor-
U.S. Coalition for Life. goes so far as to label the Ford
tions financed by the U.S. taxpayer. At the two posts
where there was no HEW program. only three abor-
Administration's record on abortion absolute
tions were performed.
monstrosity." In an interview, Mrs. Engle. whose orga-
Dr. Mildred Jefferson, president of the National
nization is made up of 1,200 pro-life groups in the U.S.
Right to Life Committee-which has affiliates in all
and abroad, tells me that in January. when she and
50 states and the District of Columbia-is also dis-
some other pro-lifers met with the President's Domes-
appointed with President Ford's right-to-life record.
Human Events, 8/21/76 (Cont.)
GERALD FORD LIBRARY
W.H. news summary
8-17-76