From .......... GOVERNING AMERICA - An Insider's Report

By Joseph A. Califano, Jr.

75 .............. ABORTION

Moreover, my conversations with members of Congress had led me to the conclusion that I could be of little, if any, help in drafting the substance of an eventual compromise. Abortion was such a profoundly personal issue that neither I nor a President who, during his first nine months of office, had already lost a good deal of respect on the Hill, would have much influence with individual members. Only once had I come close publicly to entering the debate during this time. I understood the depth of conviction and humane values that motivated most abortion advocates, but I was deeply offended by the cost-control, money-saving argument pushed by the staunchly pro-abortion Alan Guttmacher Institute, the research arm of the Planned Parenthood Federation of America. In late September, the Institute published a report claiming that the Hyde amendment would cost the public at least $200 million, for the first year of their life, to take care of children who could have been aborted under Medicaid.

I wanted to denounce this kind of argument in severe terms: it was appallingly materialistic and represented a selfish failure to confront moral issues as such. But in the interests of being firm yet not provocative, I waited until I was asked about it at a press conference to express my views, and then did so in muted tones.

Now, however, I had to get into the congressional fight. On October 1, I was compelled to eliminate all hiring and overtime and virtually all out of-town travel by HEW's 150,000 employees. I also warned that they might receive only half their pay in mid-October unless the House and Senate resolved the appropriations fight over abortion. It was, so far as we could tell, unprecedented at the time for a department to have no authority to operate or spend money after the first of the new fiscal year.

Despite the situation, the conferees again failed to reach agreement on October 3, and postponed any further action until October 12, after the Columbus Day recess. That postponement jeopardized beneficiaries of HEW programs and the pay of Department employees. Across the nation, state rehabilitation agencies for the handicapped were running out of money to process claims for Social Security disability benefits; New York State would be unable to meet its payroll for employees to process disability determinations; Texas intended to furlough 612 employees on October 12; Idaho would have no money for its nutrition and community services programs for the aged.

I called Tip O'Neill and Bob Byrd on October 10th, and asked them to try to break the abortion deadlock in order to avoid severe human suffering. The next day I sent them a letter and made it public. It was, the letter charged,

in the congressional dispute over the use of federal funds for abortions. If the Congress could not agree on abortion language, I urged them to pass a Continuing Resolution to give me authority to spend in early 1978 at the end-of-1977 level in order to continue HEW programs that people depend on each day. The Senate opposed a Continuing Resolution because it would also keep the Hyde amendment in effect.

76 ................... GOVERNING AMERICA

I sent telegrams to the state governors alerting them to imminent funding terminations so they would press their congressmen and senators to act. I asked Labor Secretary Ray Marshall to tell the Congress and the public of the dangers of continuing to hold up 1978 funding, since his department's appropriations were tied to the HEW bill, Marshall announced that further delay could force many states to stop processing unemployment insurance claims and halt federally funded job and health safety programs. At my suggestion, President Carter told the congressional leadership on the morning of October 12 that, while we all recognized what an emotional issue abortion was, the paychecks of federal employees should not be held up while Congress tried to resolve it. House Appropriations Committee Chairman George Mahon warned of

By October 13, after wrangling with each other and some spirited debate on the House floor, both legislative bodies passed a Continuing Resolution to provide funds for fifteen days until the end of the month.

On Sunday, October 16, I was scheduled to appear on the ABC-TV program Issues and Answers. On the Saturday morning preceding the program, I called the President to review the administration's position on abortion. The President said that his position had not changed since the campaign.

I said, asking whether he objected to funding abortions for rape or incest victims and referring to his July 12, 1977, press conference. There Carter had said that the federal government

I asked the President whether his "very strictly" interpretation was related to the dispute between House and Senate conferees over medical procedures short of abortion for rape or incest performed shortly after the act, as distinguished from outright abortions.

Carter said he was unaware of the dispute, but wanted to stay out of it. I said that it might not be possible for me to do that. Then leave the administration position ambiguous on this issue, he suggested.

The words had the texture of the three dimensions that came into play when Carter discussed abortion with me: his deep personal belief, his sense (particularly in the first year) that he would violate some sacred trust if he did not adhere to his campaign statements, and his insistence on getting the political plusses out of issues that had such significant political minuses as well.


GOVERNING AMERICA - An Insider's Report

From the White House and the Cabinet

By Joseph A. Califano, Jr.

Published by Simon and Schuster 1981

ISBN 0-671-25428-6