SUMMARY LEGISLATIVE UPDATE
July 31, 1998


 
 
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    VIOLENCE AGAINST WOMEN


     
     
    Progress on VAWA II Several important provisions of the Violence Against Women Act of 1998 (H.R. 3514) were included in a re-authorization of the Higher Education Act which has now passed both the House and the Senate. On July 10th, the Senate approved amendments that require a National Baseline Study to document the effectiveness of campus procedures in addressing sexual assault. Other inclusions cover grants to improve campus security and responses to violence against students, a prohibition against hate crimes and a fine on schools that are delinquent in reporting campus crime statistics. Sens. Paul Wellstone (D-MN) and Arlen Specter (R-PA) were leaders in this effort. 
    Great news! Nearly $1 billion worth of Violence Against Women programs, including STOP (Services, Training, Officers, and Programs) grants to police and grants to support police pro-arrest policies, was approved 416 to 0 by the House of Representatives on June 11th, thanks to an amendment offered by Rep. John Conyers (D-MI). Other provisions included were for prevention of custodial sexual assault by prison correctional staff, standardization of sexual assault examinations and training procedures, federal witness protection for victims of domestic violence, clarification of Full Faith and Credit for Protection Orders to be recognized across state lines, grants for training of health professionals in this area, and many other important components from H.R. 3514, the Violence Against Women Act of 1998 (VAWA II). The amendment, which comprised about one-fourth of the appropriations re-authorization of the H.R. 3514, was attached to the Child Protection and Sexual Predator Punishment Act (H.R. 3494).
    Again, great news! Now that Sen. Joe Biden (D-DE) has introduced his Violence Against Women bill (S. 2110) which contains some of the provisions of the House bill (H.R. 3514), Sens. Patty Murray (D-WA) and Paul Wellstone (D-MN) will be introducing additional components to complete the package. With the recent action in the House (plus 124 co-sponsors!), and passage of the Sexual Predators bill, there is a stronger possibility that we may see some action this Congress on VAWA II. Ask your Representative and Senators to become co-sponsors and to push for hearings.
    More good news! Sen. Paul Wellstone (D-MN) successfully attached an amendment (S. 2057) to the Department of Defense Authorization Bill (S. 2132) to enhance compensation for dependent abuse victims of military personnel. DV survivors would receive comprehensive health care benefits during a period of transitional compensation, up to 36 months. Other amendments that would assist survivors of domestic violence in the military are in the works, including one to clarify provisions of VAWA with regard to military protective orders where there is a change in duty station or command assignment.
    Also, very good news! Lots of positive things were said about the Hate Crimes Prevention Act of 1998 (S. 1529) at a hearing was held July 8th by the Senate Judiciary Committee. The bill, which would expand the scope of the federal government's ability to prosecute such crimes is sponsored by Sens. Ted Kennedy (D-MA), Arlen Specter (R-PA) and Ron Wyden (D-OR). At a press conference prior to the hearing, NOW president Patricia Ireland spoke in support of the bill's main intent: adding sex-based, sexual orientation-based and disability-based hate crimes to Sec. 245, Title 18 of the U.S. code. The House Judiciary Committee held similar hearings on July 22nd and heard testimony from survivors of hate crimes in support of H.R. 3081, a bipartisan bill sponsored by Rep. Chuck Schumer (D-NY), John Conyers (D-MI), Connie Morella (R-MD) and Bill McCollum (R-FL), among others. 
    Oversight hearings on VAWA I postponed Unfortunately, a re-authorization hearing, originally planned for July 22nd by the Senate Judiciary Committee, for various Violence Against Women (VAWA I) programs due to expire in 1998 was postponed. NOW president Patricia Ireland was to have testified. The purpose of the hearing was to assess the effectiveness of VAWA I programs like STOP grants, police pro-arrest grants and the National Domestic Violence Hotline (1-800-799-SAFE which receives up to 8,000 calls for help each month). Contact committee chair, Sen. Orrin Hatch (R-UT), and urge him to re-schedule the hearing soon. Such an event will also be a good opportunity to communicate to Senators the importance of expanding these effective programs and initiating new ones, as the Violence Against Women Act of 1998 (S. 2110/H.R. 3514) would do.
    NOT good news... A hearing was held on July 17th in the House Judiciary Committee, Crime Subcommittee, Bill McCollum (R-FL), chair, on whether the federal RICO law ( Racketeer- Influenced and Corrupt Organizations Act) should be amended. Abortion rights opponents in Congress would like to change RICO so that it cannot be used against such organizations as Operation Rescue and PLAN, the Pro-Life Action Network, who use violence to deny women the right to abortion. Abortion opponents claim that the use of RICO in these instances impinges upon First Amendment (free speech and assembly) rights. Proposed legislation suggests, curiously, that extortion be deleted from the statute as a prosecutable crime (H.R. 4245. the Civil RICO Clarification Act of 1998). The hearing occurred in the wake of the April 21st Chicago jury decision finding Joe Scheidler and his co-defendants guilty of 120 counts under the law (including extortion) in the class action case brought by NOW. [See NOW v. Scheidler lead attorney Fay Clayton's testimony at the hearing posted at the NOW website.]
    They never give up Shortly after the NOW v. Scheidler decision was reached, Rep. Tom Coburn (R-OK) was prepared to offer an amendment on the floor which would have limited the use of the RICO act, but withdrew it at the last moment. The amendment was to have been attached to a dangerous bill, H.R. 1252, the so-called Judicial Reform Act, which imposes various restrictions on federal judges and is destined for a Presidential veto. Our opponents would love to overturn the NOW v. Scheidler decision and when they can't win in court, they are running to their friends in Congress to re-write the laws or limit the powers of the judiciary.
     


    REPRODUCTIVE RIGHTS


     
    Abortion Procedures Ban Veto Override Set As observers had predicted, the House voted to override the President's veto of the Abortion Procedures Ban (also known as D & X Abortion Ban) by a vote of 296-132 on July 23rd. The Senate vote, reportedly, will take place in mid-September -- in time for abortion opponents to campaign against incumbents who opposed the ban. Such efforts were not particularly successful in the 1996 election campaigns. Activists are encouraged to call or write their Senators who opposed the ban to thank them and to provide reinforcement for the upcoming vote.The Vote is available at:  http://www.senate.gov/activities/105-1/vote_00071.html
    A surprise win House abortion rights supporters, led by Rep. Nita Lowey (D-NY), won a major victory on July 16th when the House adopted by 224-198 the FY 99 Treasury/Postal Appropriations bill which contained an amendment that would require Federal Employees Health Benefit (FEHB) plans that cover prescription drugs to also cover prescription contraceptive drugs and devices. Exempted from the requirement are the five Catholic health care plans which are offered to federal employees. The partial win followed extensive maneuvering by reproductive rights opponents to prevent adoption of the amendment by using various arcane rules and parliamentary procedures. Thank Rep. Lowey for her dedicated efforts. 
    Heated exchange in contraception debate At one point in the intense floor debate over whether FEHB plans would cover prescription contraception, abortion arch-opponent, Rep. Chris Smith (R-NJ), told fellow House members that nearly all forms of contraception are unacceptable as they cause abortion to occur. He offered an amendment to reclassify several common methods of contraception, including the IUD, as "abortifacients". The amendment was rejected by a vote of 198-222.
    Government employees' abortion coverage Rosa DeLauro (D-CT) offered an amendment to repeal the ban that prevents federal employees from choosing health insurance that also covers abortion services. This onerous provision denies 1.2 million women of reproductive age coverage of that service under the Federal Employees' Health Benefits Plan. Her amendment to the Treasury/Postal spending bill was voted down by 183-239.
    Dangerous amendment In a widely criticized action, the House voted 223-202 on June 24th to bar the Food and Drug Administration from using funds for review and approval for any drug which induces abortion, including Mifepristone (also called RU-486). This measure was offered by Rep. Tom Coburn (D-OK) , a physician and avowed abortion rights opponent, as part of the FY 99 Agriculture spending bill. Critics charged that Congress is substituting politics for sound scientific judgement, again. Despite Rep. Coburn's intense efforts, the Senate passed their version of the bill without a similar amendment. It is now critical to pressure the conference committee delegates to accept the Senate version and reject limiting the FDA's authority. 
    Level funding parental consent for family planning Title X, family planning funds of $203 million (level funding), minus the President's requested $15 million addition, were approved by the House Labor, HHS and Education Appropriations Subcommittee in late June. A letter was sent to the committee signed by 137 Republican abortion opponents urging that parental consent/notification be required in all Title X programs. An extensive, targeted campaign by right-wing anti-abortion religious groups is having an impact. The House Appropriations Committee voted 32-34 on July 14th to accept an amendment by reproductive rights opponent, Ernest Istook (R-OK), to the Labor/HHS Appropriations bill. It requires teen-agers seeking prescription contraception at Title X clinics to have parent consent or to have clinics notify parents five business days in advance of providing services. It isn't clear when the appropriations bill will come to the floor, so activists are urged to call, fax or e-mail their Representative as soon as possible to urge the defeat of this amendment when the measure comes to the House floor.
    Hyde Amendment extended to Medicare The prohibition against federal reimbursement for abortion services (except in cases of threat to life, rape and incest) was extended to the Medicare program by committee action. Although Medicare primarily covers health care for older persons, it also provides coverage to about 1.9 million non-elderly disabled women, about 627,000 of whom are under the age of 45. The provision is included in the Labor, Health and Human Services/Education appropriations measure.
    Broad conscience clause planned Rep. Tom DeLay (R-TX) plans to offer an amendment which would allow any health professional, institution, or insurance plan to refuse to cover, provide or even refer for abortion services. It will be proposed for addition to the Labor, Health and Human Services/Education spending bill. This is the broadest "conscience clause" exemption to be ventured yet by abortion opponents in Congress.
    'Teen Endangerment Act' advances In late June, the House passed a terrible bill, the Child Custody Protection Act (S.1645/H.R. 3682), that would make it a federal crime for anyone to transport a minor across a state line to obtain an abortion unless the young woman has satisfied the requirements of her home state's parent notification and involvement laws. Of questionable constitutionality, the bill would also jail grandmothers, ministers, counselors and single parents, in some states, and would certainly endanger the health of young women. Efforts in committee to exempt family members were defeated. The Senate will be voting on this in September after they come back from the recess, and the President has threatened to veto the bill. Please call your Senator and urge him/her to oppose this dangerous measure.
    Military abortions still prohibited Amendments offered on both the House and Senate sides to enable military servicemen and women and military dependents to obtain abortions at overseas military hospitals using their own funds were defeated recently. Rep. Jane Harman (D-CA) and Sens. Patty Murray (D-WA) and Olympia Snowe (R-ME) made the valiant but futile efforts. The Senate vote on this amendment to the FY 99 Defense authorization bill was 44-49. The House vote on it was 190-232. Please thank these three determined women.
     


    CONSUMER RIGHTS


     
    Victory on consumer rights!  Consumer protection advocates won a major victory when a bill limiting consumer rights failed to win passage in the Senate. The legislation (Products Liability, S. 648) was negotiated by President Clinton with Congressional and business leaders (with little input from consumer groups) and seriously limits consumer rights. It would grant a number of exemptions and protections for various industries, including gun manufacturers and others who may produce dangerous or defective goods. The bill placed an arbitrary cap on the amount of damages that could be assessed on small businesses and placed a higher burden of proof on plaintiffs, thus making it very difficult to win a case.
     

    ECONOMIC EQUITY


     
    Child support loses to credit cards In June the House of Representatives passed the so-called Bankruptcy Reform Act of 1998 (H.R. 3150) which would revise bankruptcy law in a number of ways that could be harmful to women. Although the bill's backers claim to have addressed problems with regard to child support and alimony (past due support payments competing with credit card bills), the problem was not resolved in the final version. Essentially those same problems and others -- such as the potential for a dependent ex-spouse to lose household goods or become responsible for the credit card debts of her husband -- still exist in the Senate version, S. 1301. When the measure comes to the floor of the Senate, Sen. Ted Kennedy (D-MA) may attempt to attach his minimum wage hike bill and Sen. Barbara Boxer (D-CA) may attach a pay equity measure. Be sure to call your Senator and urge him or her to oppose S. 1301.
    We were right Now that there is evidence from New Jersey that family caps (denial of additional benefits when a child is born) for women on welfare may lead to an increase in abortions, the author of this draconian measure, Rep. Chris Smith (R-NJ) is sponsoring a bill to prohibit states from imposing family caps (H.R. 4066). Information about increased numbers of abortions was withheld by New Jersey officials during the welfare repeal debate and while advocates for the poor, like NOW, were arguing that more abortions would be the result. Activists are encouraged to communicate with members on the need to remove the family cap.
    Social Security ''privatization'' Rep. Jerrold Nadler (D-NY) introduced a resolution (H. Res. 483) acknowledging that the Social Security fund is not in crisis, that increased contributions to the Social Security Trust Fund would not be necessary until well into the 21st century, and that any effort to change the Social Security system should be undertaken with the greatest of care. Meanwhile, the Republican leadership is scheduling a bevy of  hearings on this issue -- one that they hope to push in the next Congress. Recent studies show that recipients will likely end up with less income under any of the major privatization schemes. Huge investment and banking firms are mounting a multi-million campaign to support privatization. Reportedly, women and people of color are being targeted in this campaign--dont' be fooled!
    Women members send message A bipartisan group of 40 women members of Congress wrote Vice President Al Gore, prior to his appearance at the Providence, RI Town Hall meeting on Social Security, urging the administration to address the issues that face women in reviewing proposed changes. They noted that "women retiring in the next 20 years will have less than one-third the income necessary to retire comfortably, a situation that is greatly exacerbated for women of color" and that several proposals under consideration would make this situation worse.
     

     

    AFFIRMATIVE ACTION


     
    Rollback efforts die down At least in Congress, efforts by Republicans to repeal Affirmative Action programs have all but stopped, with such successes as safeguarding the Disadvantaged Business Enterprise program (DBE) in federal transportation spending. DBE helps small businesses owned by women and people of color be more competitive in federal contracting. Opponents are pouring more effort into state and local initiatives to repeal or scale back Affirmative Action programs, such as Washington's State Proposition 200 and a court challenge to the Houston ballot initiative, passed last November, which re-affirms support for city Affirmative Action programs. There will be, however, an oversight hearing in Washington on activities of the Civil Rights division of the Department of Justice in July, mainly to allow Republican critics to question President Clinton's interim appointee, Bill Lann Lee.
    Census fight continues For some time, House Republican leaders have been fighting administration plans to conduct a sample method to confirm the year 2000 Census count. The sampling procedure would help determine whether the census is accurate and if any groups have been undercounted. People of color, homeless persons, and women and their families in shelters are frequently hard to find by census-takers; the census missed as many as four million people in 1990. Rep. Juanita Millender-McDonald (D-CA) is heading up an effort to support census sampling. An accurate count will have an important bearing on Year 2000 Congressional and legislative re-districting and could make a substantial difference as to which political parties will be in control. The Senate (where there is general agreement on the issue) is poised to support the $848 million for the census, but the near-term House floor vote on funding is expected to be fractious. Let your House member know that an accurate census count is important to women and that sampling is a useful way to determine whether any groups have been undercounted.

    EDUCATION


     
    A Break for Teen Welfare Moms An amendment to the Higher Education Act, pushed by Sen. Paul Wellstone (D-MN), would extend time limits on vocational education from 12 to 24 months for teen parents on welfare who are pursuing postsecondary education. The provision would allow teen-agers receiving Temporary Assistance to Needy Families (TANF) to continue their education (as defined as a "work activity") for a longer period of time. Activists are encouraged to call White House aide Bruce Reid (who is reportedly a hold-out on the administration supporting this important amendment) and urge him to work for its passage. Calls should be made as soon as possible; the White House main number is 202-456-1414.
    Title IV, WEEA funds limited As was done last fiscal year, funding to states under Title IV of the Civil Rights Act was eliminated in the Health and Human Services/Education Appropriations bill by the House, but funding for the regional centers was kept level at a little over $7 million. The Women's Educational Equity Act (WEEA) funds were authorized at last year's level of $3 million. These programs discourage discriminatory practices in educational institutions and assure that girls, women, and people of color are offered programs which promote equality of opportunity. Both Title IV and WEEA face an imminent threat, though, with a pending House floor vote on a bill sponsored by Rep. Joseph R. Pitts (R-PA) that would block-grant many elementary and secondary education programs assisted by federal funds. Urge your Representative to oppose such a measure.


     

    LESBIAN RIGHTS


     
     
    Protecting discrimination On July 7th, the Republican leadership introduced an amendment to the Commerce, Justice, State Appropriations bill which would overturn President Clinton's Executive Order (EO) banning workplace discrimination based on sexual orientation. Rep. Joel Hefley (R-CO) is heading up this attack on gay and lesbian rights. The intention of the EO was to standardize federal government policy by adding sexual orientation to the list of protected categories where discrimination is currently prohibited. The Republican's Dear Colleague letter claimed, as is their usual refrain, that the EO grants "special privileges" to gays and lesbians. At the same time, right-wing organizations launched a well-financed national advertising campaign, claiming that homosexuality like kleptomania or drug-addiction can be "cured." NOW and other activist organizations demonstrated at the Capitol on July 22nd against these attacks.
    Riggs Amendment attacks equal benefits. On July 30, the amendment to the Veterans Administration and Housing Appropriations bill proposed by Rep. Frank Riggs (R-CA ) which prohibits funding to San Francisco if the city continues its requirement that city contractors provide health care benefits to domestic partners passed the House by a vote of 214-212. The measure has a chilling effect on any local policies which assure the same benefits to gays/ lesbian couples as received by heterosexual couples. The city of San Francisco, currently the only city with such a requirement, stands to lose $260 million in federal funding. Activists are urged to call their Senators and ask them to oppose a Riggs-like anti-equal benefits amendment.
     

    This Legislative Update was compiled by the Government Relations/Public Policy Team at the National NOW Office. Call Jan Erickson, Government Relations Director, at (202) 628-8669, ext. 768, if you have any questions. To receive free of charge copies of any of the above bills, call your U.S. Senator or Representative at (202) 224-3121 or connect to http://thomas.loc.gov . This update is mailed monthly to NOW leadership. Any member can receive a copy of this update by mail for a yearly charge of $25. You may also read this Legislative Update at http://www.now.org/issues/legislat/ . Anyone may receive it by e-mail if they join our Action Alert e-mail network.


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