LEGISLATIVE UPDATE

February 9, 1999


 
 
Impeachment Trial Drags On: Because Congress has done little but focus on the impeachment trial since coming back to Washington on January 6th, there is not a great deal to report in the way of legislative activity.  A few hearings are being held on the House side on such topics as Social Security, but no important actions are expected until the Senate trial comes to a close.  Latest projections as to when this might happen focus on mid-February.  With several key votes taken regarding dismissal of the charges and the use of live testimony, it seems fairly certain that there will be insufficient number of votes (two-thirds are required) to convict the President.  Debate continues about whether the Senate should officially censure Mr. Clinton.   In the meantime, there is lots of speculation about what is likely to be taken up early in this first session of the 106th Congress.  This Legislative Update covers some of the more important issues that we are concerned about, although we may not see early action on some of them. 

Congress will soon step up its pace and NOW members must be prepared to swing into gear, especially on revamping Social Security, solving the long term funding problems for Social Security and Medicare and re-authorizing the Elementary and Secondary Education Act (ESEA).  And, of course, one of our top priorities is to expand and fully fund Violence Against Women programs. 


Action Needed:

Activists should call, fax letters or send e-mail messages to their Senators urging that they vote against removal of the President. Those Senators who especially need to hear from constituents are: Sens. Richard Shelby (R-AL), Mike DeWine (R-VT), Slade Gorton (R-WA), William Roth (D-DE), George Voinovich (R-OH), Arlen Specter (R-PA), Rick Santorum (R-PA), Spencer Abraham (R-MI), John Chafee (R-RI), and Gordon Smith R-OR). See NOW's latest Action Alerts for contact information for those Senators.  If you aren't on the action alert list, see the end of this alert for information on how to sign up. 

President Promises to Save Social Security, Medicare: The President's State of the Union message vowed to use a majority of the $2.7 trillion in budget surpluses over next 15 years to put Social Security on a sound financial footing.  President Clinton proposed using 62% of the surplus to shore up the Social Security Trust Fund, which under the present framework would see a significant drop in revenues by 2027.  He also advocated that a larger proportion of Social Security contributions be invested in stocks and bonds to enhance earnings to the fund over time. This latter proposal drew some criticism from various business groups and conservative think tanks, but was well received in other quarters. 

In response to the would-be privatizers of Social Security, the President proposed establishment of a separate system of savings and investment that would be progressively matched by the federal government.  These Universal Savings Accounts (USAs) are intended to help lower-income workers who find it difficult to save and have little opportunity to secure their retirement through private investments.  This program would be funded from future earnings of the Social Security Trust Fund. 

A second major initiative proposed by the administration is to use part (15%) of the surplus to solve Medicare's long-term financing problems.  Clinton noted that "[we] already have extended the life of the Medicare Trust Fund by ten years; [we] should extend it for at least another decade."  In addition to assuring financial support for this senior health care program through 2020, the President proposed to begin covering the cost of prescription drugs.  Although the President's message that "[w]e should reduce poverty among elderly women, who are nearly twice as likely to be poor as are other seniors" was a welcome one, he did not elaborate.  The administration had previously announced a multi-pronged effort to assist families (and individuals) in meeting long term care needs.  That effort included a $6.2 billion/five year plan for a $1,000 tax credit. 

His speech also addressed: increasing the minimum wage raise, promoting equal pay for equal work (by strengthening the enforcement of equal pay laws) and expanding child care programs. The administration has asked Congress to support a plan for tax credits and subsidies for working families who depend on child care services.  Their Fiscal Year 2000 budget request would improve safety and quality in child care, particularly for infants, and would increase spending for after-school programs.  President Clinton also asked Congress to extend the Family and Medical Leave Act (FMLA) to include 10 million more people working for smaller companies; currently the law applies to only to companies with 50 or more employees. 

Clinton asked Congress to pass a Patient's Bill of Rights and endorsed a bill that would allow people with disabilities who have been receiving Medicare benefits to maintain their health insurance when they go to work.  He reiterated his support for the Food and Drug Administration's authority to protect children from tobacco and hold companies accountable. 


Action Needed:

These initiatives will no doubt be opposed by the Republican-led Congress.  One way to help move this ambitious agenda forward would be for activists to participate in the Women's Equality Summit and Congressional Education Day described below. 

Women's Equality Summit and Congressional Education Day Set: Mark your calendars and plan to attend! March 15 and 16th will be a Women's Equality Summit and Congressional Action Day, sponsored by the National Council of Women's Organizations (NCWO), of which NOW and NOW Foundation are member organizations.  The events include an issues briefing and possible White House reception, visits with members of Congress, and a social event with Gloria Steinem to celebrate new Ms. Magazine.  Summit planners are working on having First Lady Hillary Rodham Clinton speak at a luncheon event on Social Security. 

Social Security changes as well as violence against women legislation and other items on the joint Issue Agenda (listed below) will be discussed with members of Congress on Tuesday.  To attend, you must fill out a participant application form and fax it to Mulhauser and Associates at (202) 463-0180/ 463-0182 by mid-February.  A copy of the form is available.  There are no costs (other than your travel and accommodations) required to participate in these events, but we expect a small fee for the Gloria Steinem reception which will cover a full year's subscription to Ms. Magazine

The joint Issue Agenda, adopted by the NCWO member organizations, includes: 

1. Protecting Social Security and ending disadvantages to women in Social Security 
2. Securing affordable, quality child care as a national priority for all who need it 
3. Improving access to health care by increasing funding for family planning, requiring contraception insurance coverage, enacting a patients' bill of rights, removing gender bias from Medicare and Medicaid, stopping restrictions to abortion services, and funding enforcement of laws against and measures to counter anti-abortion clinic terrorism 
4. Supporting the ratification of the United Nations Convention for the Elimination of All Forms of Discrimination Against Women (CEDAW) by the Senate and promoting measures to oppose gender apartheid in Afghanistan 
5. Supporting Fair Pay legislation 
6. Ending hate violence against all citizens and supporting the Hate Crimes Prevention Act


Women's Groups Shape Social Security Debate, Set Joint Agenda: A broad-based coalition of women's groups, labor, religious, senior and civil rights organizations played a pivotal role in assuring that the Clinton administration did not back privatization of Social Security. A brief review of some of these activities follows. 

Social Security is one of NOW's top legislative agenda items for the 106th Congress and we are making a special effort to inform our activists about proposed Social Security system changes and how they will effect women.  Patricia Ireland spoke at a nationally televised White House Conference on Social Security in December (the text appears in the current National NOW Times), and she and Elizabeth Toledo have attended White House summits and round tables on Social Security reform and Medicare funding issues.  Jan Erickson is part of the National Council of Women's Organizations lobbying task force, representing over a hundred women's organizations on this critically important issue. That group held a joint press conference in early December, to announce their "bottom line" guarantees that must be included to protect women as the system is revamped. 

Those guarantees would assure that Social Security reform: 

  • Continue to help those with lower lifetime earnings, who are disproportionately women 
  • Maintain full cost of living adjustments 
  • Protect and strengthen benefits for wives, widows and divorced women 
  • Preserve disability and survivor benefits 
  • Protect the most disadvantaged workers from "across the board" benefit cuts 
  • Ensure that women's guaranteed benefits are not reduced by individual account plans that are subject to the uncertainties of the stock market 
  • Address the care-giving and labor force experiences of women 
  • Further reduce the number of elderly women living in poverty 
Before the President's State of the Union message, NOW staff called NOW/PAC-endorsed members of the House and asked them to co-sign a letter to the President opposing privatization, emphasizing the importance of guaranteed benefits and disability insurance which would be lost in any private investment approach. [A copy of the letter is available on request.] 

Activism from NOW, other women's organizations, labor, civil rights and seniors groups is credited with having influenced the President's decision not to supplant this social insurance plan with a risky stock market investment system.  The letter observed that returns on private accounts are generally lower than returns from Social Security (which are twice as much as the one to two percent annual return for the average family from a private account) and that women would receive lower monthly retirement checks under the annuities of a private system (because annuity companies adjust benefits downward on the excuse that women live longer and thus should be paid less each month). 



ECONOMIC EQUITY



 
 
 
Pay Equity Comes to the Forefront: Surprisingly, there is renewed interest in pay equity, possibly because the President mentioned the continuing need for pay equity in his State of the Union talk -- a point which drew sustained applause from both sides of the aisle.  Sen. Tom Harkin's (D-IA) Fair Pay Act (S. 232 - 105th Congress) will be pushed by NOW and other women's groups.  A competing but weaker bill, sponsored by Minority Leader Tom Daschle (D-SD), may be strengthened. The Democratic Leadership's list of legislative initiatives includes Daschle's measure (S. 74) as one of their priorities.  Rep. Eleanor Holmes Norton (D-DC) is exploring ways to move a similar measure through the House. 

In his January 30th radio address focusing on pay equity, President Clinton asked for $10 million to help improve Equal Employment Opportunity Commission (EEOC) enforcement and another $4 million for the Department of Labor to promote the hiring of women in non-traditional -- and often higher- paying -- occupations.  We may make some progress on pay equity may be made in the 106th Congress, particularly if a pay equity bill is added to a minimum wage increase package that is pressed just prior to the fall elections. 


Action Needed:

Tell your Representative and Senators that it is time to deal with this issue.  Women need legislation that is mandatory (not just voluntary) for employers.  Because of the slow progress of the private sector in providing pay parity, there must be strong federal government leadership. 


VIOLENCE AGAINST WOMEN



 
 
 
Violence Against Women Legislation, Act III: The 105th Congress closed without passing the Violence Against Women Act of 1998 (VAWA II), so we are back to square one. But advocates are determined to expand these successful programs.  The newly revised Violence Against Women Act of 1999 (H.R. 357) was introduced on January 19th by Reps. John Conyers (D-MI), Connie Morella (R-MD) and Lucille Roybal-Allard (D-CA), with 104 co-sponsors.  A full text of the bill appears on the Congressional website (http://thomas.loc.gov ) with a user-friendly summary on the NOW/LDEF website (www.nowldef.org/html/policy/vawa99.htm ). 

Valentines' Day will mark the official launch of advocates' efforts to gain passage in this Congress and we need help from NOW activists to add another 114 sponsors in the House so that the legislation can be swiftly adopted.  Part of the promotional effort will include presenting to Congressional leaders the more than 35,000 postcards that the National Task Force on Violence Against Women (which includes NOW) collected during last summer's Lilith Fair tour. 

On the Senate side, Sen. Joseph Biden (D-DE) has introduced his more limited version of VAWA 99 (S. 51) and advocates are expecting that Sens. Patty Murray (D-WA) and Paul Wellstone (D-MN) may introduce their companion measure, Battered Women's Economic Security Act (BWESA), to round out the package.  Other related bills may be introduced. 


Action Needed:

Ask your members of Congress to sponsor these critically important pieces of legislation and also ask that hearings be held.  We hope that, with the political pressure of the upcoming presidential election year, the new Violence Against Women bill will pass this Congress. 

VAWA Re-authorization, Funding Shortfall for FY 2000: With respect to re-authorization: many of the original Violence Against Women (VAW) programs, which were established in the 1994 act, are due to expire in October of this year.  Hearings need to be held and votes to re-authorize those programs have to be taken -- so this is another important task for advocates.  The President's budget request, released on February 1st, contains nearly level funding for existing programs; only a slight reduction totalling about $11 million appears to be proposed by the administration. A close examination of the proposed funding levels is underway as advocates prepare to support re-authorization. 

Sen. Orrin Hatch (R-UT), chair of the Senate Judiciary Committee, is sponsoring a watered-down version of VAWA 99 (S. 245) which essentially re-authorizes existing programs but slashes funding. 


Action Needed:

Ask Sen. Hatch to hold oversight hearings on existing Violence Against Women programs and to support full funding for all programs.  Those hearings were scheduled for July of last year, but were canceled at the last minute.  Advocates for these programs are eager to show how successful they are in preventing violence. 

Social Security Numbers to be Reissued for Women at Risk: During the break between the 105th and 106th Congresses, Vice President Al Gore announced a new initiative to facilitate the issuance of new Social Security numbers for battered women. A more streamlined process for field offices of the Social Security Administration has been developed that requires less documentation. Several tragic incidents have occurred when batterers and stalkers were able to track women down through Social Security information that is requested by certain states' motor vehicle licenses bureaus and credit reporting companies. 


Do You Have Hate Crimes Stories? A renewed push will be made this Congress to enact the Hate Crimes Prevention Act (S. 1529 - 105th Congress), as sponsored by Sens. Ted Kennedy (D-MA), Arlen Specter (R-PA), Ron Wyden (D-OR) and Dianne Feinstein (D-CA). In order to be prepared for hearings, NOW and coalition partners are looking for reports (news articles, video-taped television reports, studies) which illustrate the varied nature of gender-based hate crimes.  If you know of anyone -- for example, a survivor of a gender-based hate crime -- who would make a good witness at a Congressional hearing, please let us know. 

Action Needed:

For further information or to send your stories,  please contact Jan Erickson at (202) 628-8669, ext. 768, in NOW's Government Relations Office.  You can e-mail her at govtrel @ now.org with or mail to NOW, 1000 16th St. NW, Suite 700, Washington, D.C. 20036. 


REPRODUCTIVE RIGHTS



 
 
More Funds Asked for Clinic Security, Family Planning: We are enjoying a temporary respite from the reproductive rights battle in Congress, but as soon as the Senate impeachment trial is concluded, we expect that our Congressional opponents will become active again. The House gained a handful of new abortion rights supporters in the November elections, but the Senate may have moved a bit in the other direction.  Nonetheless, we anticipate that another Abortion Procedures Ban bill will be introduced and that multiple attempts will be made to cut funds for international and domestic family planning programs.  Onerous riders will no doubt be attached to appropriations measures (like past riders which deny abortion rights to military women and dependents, inmates of federal prisons, low income residents of the District of Columbia, minors and Medicaid/Medicare recipients, among other groups of women). 

First Lady Hillary Clinton's speech on the 26th anniversary of Roe v. Wade disclosed that the President will be asking for an increase of $25 million in Title X Family Planning grants, the largest increase in 15 years.  Last year's success in gaining a $12 million increase for these programs may be a good sign that continuing increases are possible.  Lower teen pregnancy and teen sexual activity levels are strong indications that better access to contraception is having its intended effect. Abortion rates have gone down by 12 percent. The President will also ask for $25 million for the United Nations Population Fund -- a program which right-wingers in Congress have attempted to seriously undermine by limiting U.S. participation.  It is estimated that 600,000 women around the world die of pregnancy related causes each year --78,000 due to unsafe abortions. 

Concerning clinic violence: the First Lady announced that the President's budget will include $4.5 million to provide extra security to clinics at risk. These funds would help install proper lighting, motion detectors, closed-circuit cameras, security systems and bullet-resistant windows. She noted that in the last ten years, there have been seven murders, 38 bombings, 146 cases of arson and 733 cases of vandalism. 

NOW has undertaken an abortion rights postcard campaign which aims to collect 100,000 signed  cards to present to Congressional leadership protesting the erosion of abortion rights and the campaign of terrorism against women's health care providers. 


Education Act (ESEA) Up for Re-authorization: The Elementary and Secondary Education Act (ESEA) will be reviewed by this Congress for re-authorization.  ESEA forms the backbone of federal support to public education.  It establishes and funds a myriad of educational research and program delivery efforts, including ones that require equal educational experiences for girls and young women.  Opponents of civil rights and opponents of the Department of Education will undoubtedly be trying to slash programs and funds, but the re-authorization also offers an opportunity to advance new ideas. 

Action Needed:

Be alert to efforts from the right to eliminate programs benefitting women and girls, especially those aimed at advancing gender equity.  The Republican leadership in Congress intends to make education one of their key themes this Congress, but their proposals would wipe out federal prohibitions against discrimination and would do away with programs that target gender bias.  There may be repeated efforts to abolish the Department of Education, as Sen. Slade Gorton (R-WA) proposed in the 105th Congress, by replacing it with block-granted programs to the states.  In any event, Republicans will be trying to move program control almost entirely to the local level -- something which will reduce the likelihood that girls and young women will gain equal educational opportunities. 


AFFIRMATIVE ACTION



 
 
Diversity Attacks Shift to States, College Campuses: No large frontal assaults on affirmative action are expected in Congress, but there will surely be continued "nibbling at the edges."   Although it is not clear at this time how the attacks will come, observers expect that damaging amendments may be proposed to defense, transportation, education and employment related bills. 

The issue will leap back into the national debate in presidential election year 2000 as Republican candidates Dan Quayle and Steve Forbes are making campaign themes of their opposition to affirmative action.  Key electoral states are being selected for extensive anti-affirmative action campaigns next year. 

At the moment,  much activity on the issue is occurring in the states and on college campuses.  Legislation and/or ballot initiatives attacking affirmation action are ongoing (or expected) in Arizona, Colorado, Florida, Michigan, New York, Nebraska, New Jersey, North Carolina,  Georgia, Texas and Ohio.  In the wake of passage of anti-affirmative action measures in Washington state last November and in California several years ago, civil rights activists are attempting to overturn or modify their ill effects.  And in Houston, where the voters affirmed affirmative action programs in 1997, our opponents are pursuing a court challenge. 

College campus activity centers around efforts to prohibit recruitment and enrollment activities that seek out women and people and color.  The Center for Individual Rights, an anti-affirmative action "public interest" law firm, has placed advertisements in 15 student newspapers urging students to investigate admissions policies and offering free handbooks on how to do this.   The center is also pressing several lawsuits against universities and their law schools. 

But some students are fighting back.  At the University of Colorado, Boulder, where the Colorado Commission on Higher Education has taken away goals and timetables for recruiting women and people of color, students have organized.  They have put together a pro-active plan, called "A Bolder Boulder," which forces the university's regents to re-examine that school's commitment to recruiting and educating students of color, students with disabilities and women.  "A Bolder Boulder" is online at <http://www.ucsu.colorado.edu/BolderBoulder> and may be a model for other schools. 

Post-election evaluations of the losses in California and Washington, compared with the City of Houston victory, shows that we win when affirmative action advocates frame the ballot language.  But when opponents are able to employ their deceptive phrasing, we lose.  Polling in Washington state revealed a majority supporting affirmative action, yet they passed Proposition 200 repealing affirmative action state requirements in employment and education.  For example, misleading ballot language being proposed in New Jersey asks, " Do you want to end discrimination by eliminating preferences?"  We must act to ensure that alternative ballot language is offered. 


Action Needed:

Please keep NOW informed of any anti-affirmative action activities in your state and on any college campuses near you. Being pro-active to anticipate ballot measures so that supporters have a role in shaping the language is critically important. 

Census Sampling Decision Clarified: Much confusion has resulted from the Supreme Court decision on whether sampling can be used in the year 2000 census.  Despite news headlines to the contrary, the court (Department of Commerce et. al. v. U.S. House of Representatives, et. al.) did not prohibit the use of sampling information under the Census Act (the Constitutional issue was not addressed in the opinion). Rather, the 5 to 4 decision only concluded that scientific sampling methods could not be used to determine population for the purposes of reapportionment of Congressional seats among the various states.  NOW supported the use of sampling to ensure that there is an adequate count of traditionally undercounted groups such as people of color and low-income communities. 

To distinguish the Court's decision further, the opinion does not forbid the use of sampling for state redistricting purposes (that is, the allocation of state legislative seats) and to determine the allocation of federal funds which are indexed to population.  The majority opinion noted that the 1976 amendments to the Census Act require, if feasible, the use of sampling for purposes other than re-apportionment. The 1976 amendments actually mean that two sets of numbers must be produced, one a standard census count and the other a number produced through the sampling method. 

The next challenge will be to assure that there is sufficient funding to conduct both the census and sampling.   Newly-elected Speaker of the House Dennis Hastert (R-IL) has been a leader in opposing sampling and Sen. Judd Gregg (R-NH) has said that there will be no funds appropriated for sampling. Republicans are fearful that sampling will demonstrate, as we believe, that certain groups -- such as the homeless, poor women, people of color -- are undercounted.  They fear this will restrict their party's ability to gain state legislative seats after redistricting. 


Action Needed:

Urge your members of Congress to support an appropriations measure that will allow the Census Bureau to adequately conduct the census next year and to conduct extensive sampling in targeted areas.  Further information is available at www.census2000.org 



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.  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 web site.  This update is mailed monthly to the 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 list.



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