NOW Legislative Update

January 19, 1996



Abortion and Family Planning:

Appropriations:

Members of the House passed appropriations for the DC area for FY 1996 (H.R. 2546) on Nov. 2, prohibiting the use of federal or local money for abortion (except in cases of rape, incest, or life endangerment). The bill also prohibited abortion at any DC owned or operated hospitals. The Senate version of the bill passed on September 22 allows abortions to be preformed using local funding, but upholds the ban on using federal money. The bill is at a standstill in the House-Senate conference. President Clinton has declared that he will veto the bill if the House language regarding the ban on use of local money is accepted in conference.

The House voted 267-149 to accept the conference report for the Department of Defense Authorization bill on December 15. This bill contains a ban on abortions at overseas military facilities even if the woman pays with private funds (with the exception of rape or incest). The president has stated that he will veto this bill even though he approved the Department of Defense Appropriations.

The Foreign Operations Appropriations bill is still at a deadlock over the differences in language between the House and the Senate. If the Senate gives in to the language specified by the House, this bill will give the power to authorize funding for international family planning programs like the United Nations Populations Fund (UNFPA) solely to the Congress. It is unlikely that Congress would fund this kind of program since they have refused to since 1985. No other portion of this bill is subject to the authorization clause. Clinton will sign this bill if the conference committee removes the authorization clause (section 518).

Both the House and the Senate approved the conference report regarding the Commerce-Justice-State Appropriations bill. By a vote of 256-166 in the House and 50-48 in the Senate, members of Congress approved the bill that prohibits federal funds to provide abortion services to women in prison. Clinton vetoed this bill on December 19.

The Treasury/Postal Service/General Government Spending Bill was signed by President Clinton on November 19 in order to keep parts of the government running. Unfortunately that bill contains limitations on federal employee health care plans. Any abortion services will not be covered with an exception for cases of rape, incest, or life endangerment.

Other Abortion-Related Legislation:

The Canady/Smith Bill

(H.R. 1833/ S.939) continues to proceed in Congress, implementing what the right-wing supporters hope will be the beginning step to banning abortion entirely. On December 7 the Senate passed this bill including an amendment proposed by Senate Majority leader Bob Dole (R-KS) and Sen. Robert Smith (R-NH) which allows a life exception to the late-term abortion procedure (D&X) ban (Approved 98-0). An amendment proposed by Sen. Barbara Boxer (D-Calif.) to "preserve the life of the woman or avert serious adverse health consequences to the woman" would have created a better legal buffer for doctors reluctant to preform the late-term procedure and left the bill open to greater interpretation. However, the Boxer amendment was rejected by a 47-51 vote. Sen. Dianne Feinstein (D-Calif.) presented an amendment which (with substituted language) gave the authority to local and state authorities, medical societies, and hospital ethics boards to decide individually on the ban. This amendment was also rejected by a vote of 44-53.

The bill approved by the House on November 1 does not contain the life exception amendment and will have to be brought to conference to reach agreed language with the Senate.

On December 4 lobby groups met with White House staff and were assured that if the bill is passed without provisions for life and health (which is not provided in the current House or Senate proposals), the President will be advised to veto. Since 44 Senators voted against final passage of S.939 and the Dole/Smith amendment, there is little chance that Congress could gather the 2/3 vote necessary to override a veto.

While the bill is known as "The Partial-Birth Abortion Ban" the term "partial-birth" does not exist in medical terminology. The image created by this term is reinforced by anti-abortion groups to suggest that the fetus is born and then destroyed.

The following groups have also clearly stated their opposition to the D&X ban (Canady/Smith Bill): National Abortion Federation, American College of Ob/Gyn, American Medical Women's Association, California Medical Association, National Association of Nurse Practitioners, National Abortion & Reproductive Rights Action League, Planned Parenthood, Center for Reproductive Law & Policy, and the Association of Reproductive Health Professionals.

Since the bill will be going to conference and the Congress is currently adjourned, please take this time to contact your local Senators and Representatives to vote against the House-Senate conference report even if it includes the Dole/Smith life exception. Congress has no business dictating what medical procedures doctors can and cannot use. This bill would replace medical judgment with micromanaged malpractice, and women will suffer for it.


Welfare:

The Personal Responsibility and Work Opportunity Act of 1995 (H.R. 4) was stalled on December 8 in a controversy on the block granting of school lunch programs. Rep. Patsy Mink (D-Hawaii) sent a letter signed by 119 House Democrats to the President urging him to veto any current welfare reform bill. The bill was vetoed by President Clinton on January 9. The success of a Congressional override measure is highly unlikely since the bill only passed in the Senate 52-47 on Dec. 22. If the bill had become law it would have turned most poverty programs over to state jurisdiction and 1.5 million children would move below the poverty line.

Budget Negotiations Action Needed:

Please continue to call, write, and fax your Representatives and Senators urging them to be wary of any type of welfare reform. It is important that no negative welfare manipulation goes on during the negotiation process. Any reform involving child exclusion, elimination of entitlement, denial of assistance to legal residents, time limits, and mandated work without child care provisions and appropriate education and training should not be included into any legislation.


Violence Against Women Act:

With the veto of the Commerce/Justice/State Appropriations bill (H.R. 2076) the $175 million appropriated for VAWA Department of Justice programs will be on hiatus. Since this amount was not the full funding promised for FYI 1996, this return to Congress gives us the chance to regain full funding before the bill becomes law. The Legal Services Corporation (LSC) that provides legal assistance for battered women would have suffered severe cuts if H.R. 2076 had passed.

The Labor/HHS/Education Appropriations bill (H.R. 2127) passed in the House, but is still struggling at the committee level in the Senate. It may end up as part of the budget deal between Congress and 4the President rather than a free standing piece of legislation. Congress is also considering a "Continuing Resolution" that provides funds for programs till the end of the fiscal year if an agreement is still under negotiation.

Senate Version

Full funding for VAWA.

An additional $3.1 million from the Crime Bill Trust Fund for battered women's shelters.

House Version

$25.1 million short of VAWA funding removes money for women's shelters, and funds to reduce youth sexual abuse.

Contact your Senator, Representative, and the members of the House and Senate Labor /HHS Appropriations Committee. Tell them that if a long-term Continuing Resolution plan is approved that VAWA HHS programs must be included with the Senate funding figures for 1996.


Lesbian, Gay and Bisexual Rights:

In the process of drafting budget legislation, lesbian and gay people may be the target of conservative attacks. Language introduced into DC budget bill by Rep. Jay Dickey (R-Ark.) may prevent lesbian and gay couples from adopting children in Washington, DC. Rather than allow family law decisions to be made on case-by-case basis, the federal government could potentially take over this process. The Senate version does not have this provision which is still an outstanding topic in the conference committee.

So far no legislation has been offered up to renew the Hate Crimes Statistics Act of 1990 which expired at the end of 1995. The law requires the FBI to compile data on and follow hate crimes based on race, ethnicity or national origin, religion, and sexual orientation. The lack of renewal efforts hasn't become a problem so far this year because the FBI has stated that it will continue to collect data even though it is no longer required to do so.

The Employment Non-Discrimination Act [ENDA] (S.932/H.R.1863) ENDA provides what Title VII of the Civil Rights Act does not- basic legal protection against employment discrimination on the basis of sexual orientation. President Clinton publicly endorsed the ENDA bill, but it is stagnating in committee on both sides of Congress.

ENDA Co-Sponsors include 143 Democrats, 13 Republicans, and 1 Independent.

Representative Peter Hoekstra (R-MI) who is chairman of the Subcommittee on Oversight & Investigations conducted hearings on sex education, abstinence, condom availability, and homosexuality in public schools. The title of the hearing was, "Parental Involvement in Social Issues in Education" and the real agenda behind the hearings was to attack the current programs in public schools. According to the Human Rights Campaign, "Lesbian and gay youth are at high risk of bias-motivated violence and suicide. Some local communities have adopted modest programs to address the epidemic of violence and discrimination against lesbian and gay youth in schools."

On December 28 President Clinton vetoed H.R. 1530 the National Defense Authorization Act of 1996. This bill contained clauses which required all service members of the armed forces who tested positive for HIV antibodies to be discharged. The policy change was presented by Rep. Robert Dornan (R-Calif.). H.R. 1530 is currently in negotiation between Congress and the White House.

Contact members of Congress asking them to not include the HIV discharge language (Sec.567) in the revised version of the bill, and thank President Clinton for his veto.

The bill, which states that, "No Federal funds may be used directly or indirectly to promote, condone, accept, or celebrate homosexuality, lesbianism, or bisexuality." (H.R. 862) is still in committee. Due to the pressure and presence of the Radical right, H.R. 862 has recently gained more sponsors.

Write, phone, or fax your representative and other members of Congress. Express your concern for the growing number of Senators and Representatives that support this kind of blatant discrimination. Mention that H.R. 862 is clearly a gay-bashing measure that will not be tolerated.


This legislative update was compiled by the Government Relations/Public Policy Team at the National NOW Office. Special thanks to our intern Heather Reynolds for compiling this report. For copies of any of the above bills, call your Senator or Representative at (202) 225-3121 who will send you copies free of charge. This update is mailed monthly to NOW leadership. Any member can get the update for a yearly charge of $25.


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