LEGISLATIVE UPDATE

April 7, 1998


AFFIRMATIVE ACTION


Two Big Wins Sustain Women-Owned Business Program

Two stunning votes in Congress have turned back Republican efforts to eliminate the Disadvantaged Business Enterprise (DBE) program which aids businesses owned by women and people of color in the transportation field.  The Senate voted 58 to 37 on March 6th to defeat an amendment offered by Sen. Mitch McConnell (R-KY) that would have supplanted the DBE program with one for "emerging businesses," as part of the huge federal multi-billion dollar transportation bill (H.R. 2400).  The sizeable margin surprised even the advocates and set the tone for the House vote on April 2nd when a similar anti-DBE amendment offered by Rep. Marge Roukema (R-NJ) was refused 194 (including three Democrats) to 225 (including 29 Republicans).  Republican and Democratic women helped to organize the strong vote in support of DBE. 

Republican senators who voted to eliminate the DBE program were: Abraham, Allard, Ashcroft, Brownback, Burns, Cochran, Coverdell, Craig, DeWine, Enzi, Faircloth, Frist, Gorton, Gramm, Grams, Grassley, Gregg, Hagel, Hatch, Hutchinson, Inhofe, Kyl, Lott, Lugar, Mack, McConnell, Nickles, Roberts, Santorum, Sessions, Shelby, Smith (NH), Smith (OR), Thomas, Thompson and Thurmond.  Democrat Hollings voted with the group. 

The three Democrats who voted on the wrong side of the issue were: Hall (TX), Stenholm and Taylor (MS).  The 29 Republicans voting correctly were Boehlert, Castle, Gilman, Houghton, Johnson (CT), Kelly, Morella, Petri, Quinn, Davis (VA), Diaz-Balart, Ehlers, English, Forbes, Fox, Kim, LaHood, LaTourette, Lazio, Leach, McDade, Shays, Shuster, Smith (OR), Souder, Walsh, Watts (OK), Gibbons and Gilchrest.  Not voting or absent were Radanovich, Cannons, Gonzalez, Hutchinson, Jefferson, Klug, LaFalce, Payne, Rangel, Ros-Lehtinen, Royce and Waters. 

Because of this tremendous show of support for affirmative action, it now becomes questionable whether this Congress will attempt any further ambitious anti-affirmative action efforts, like Rep. Charles Canady's (R-FL) so-called Civil Rights Act of 1997.  What may be a more likely strategy is that opponents will push state legislation and ballot initiatives.

ACTION NEEDED

Please thank your member of Congress if they voted correctly to keep the DBE program.  Even though we may have turned the tide in Congress, there will be  amendments offered to eliminate other race and sex equity programs. 

If you or someone you know has a good personal story to tell about how affirmative action provided an important boost in their education or career, please let us know.  We need these personal stories as we move forward to defend such programs in various states.  Contact Jan Erickson, NOW Government Relations, National NOW Action Center, 1000 16th St, NW, Suite 700, Washington, D.C. 20036 or call (202) 628-8669. E-mail address is now@now.org  and be sure to note attention: Jan Erickson, ext. 768.

 

EDUCATIONAL EQUITY



 

Higher Ed Amendment Will Attack Sex Equity

The Higher Education Act, first passed in 1965, is being re-authorized and will contain a number of important provisions, including ones which expand campus childcare programs and strengthen campus safety measures, but others would undermine sex equity requirements. The act is the main vehicle for federal assistance to colleges and universities and funds educational grant and scholarship programs. 

Several positive additions may be made such as the Women's Higher Education Opportunity Act of 1998 (H.R. 3293) which covers the campus safety provisions that are part of the new Violence Against Women Act of 1998.  These new requirements would have university officials report and better respond to violence against women on campus; a $10 million grant authorization was proposed along with requirements for a study of reporting procedures on sexual assault.  So far on the House side, committee members have refused the campus safety measures and have adopted only part of the campus-based childcare programs. 

The Senate Labor and Human Resources Committee adopted a more comprehensive campus-based childcare provision and were evaluating the campus safety proposals.  Sen. Paul Wellstone (D-MN) is planning to offer amendments to authorize campus sexual assault prevention grants and his Fair Play Act (S. 933/H.R. 1987) would make information regarding men's and women's athletic programs at institutions of higher education more easily available.  It would require the Secretary of Education to prepare a report and place it on the Internet and to establish a toll-free telephone service to provide the public with information about various universities' implementation of Title IX of the Education Amendments of 1972 and athletic opportunities for girls and women.  The Senate is expected to take up higher ed re-authorization when members return from spring recess. 

When the House re-convenes, Rep. Frank Riggs (R-CA) will offer H.R. 3330 to prohibit colleges and universities that participate in any program under the Higher Education Act of 1965 from "discriminat[ing] against or grant[ing] preferential treatment" to any person or group based on race, sex, color, ethnicity or national origin in connection with admissions. 
The Riggs bill would forbid not only affirmative action to advance diversity in education as approved by the Supreme Court in the Bakke case, but also any plan designed to remedy a documented and proven history of discrimination which the Supreme Court in numerous cases has approved as constitutionally permissable bases for affirmative action.  Further, the Riggs bill does not define the term "preferential treatment" and therefore it could be interpreted to apply to any kind of outreach and recruitment program. 

ACTION NEEDED

Please contact your Congressional delegation during the recess to advocate for these important provisions for campus-based childcare, safety requirements, and Title IX accountability.  And, just as importantly, activists need to let their House member know that the Riggs bill is dangerous and will hurt many women and people of color hoping to gain higher education.  With the strong grassroots effort that defeated amendments to eliminate the Disadvantaged Business Program, it is very possible that we can also defeat Riggs.  But members need to hear from their constituents prior to April 21st. 


 

REPRODUCTIVE RIGHTS



 

Global Gag Rule Adopted; Clinton May Veto

The House adopted a so-called compromise in late March that would impose a global gag rule on international family planning programs, but allow the President to waive a ban on the peformance of abortions if he is also willing to have funding for those programs cut. Abortion rights opponents, led by Rep. Chris Smith (R-NJ), managed to impose this updated version of the Mexico City policy on the Foreign Affairs Reform Act (H.R. 1757) after an extended battle over the issue.  The language would prevent family planning programs --using their own (not U.S.) money -- from discussing abortion with patients, or with colleagues at conferences or other events and even with government policy-makers.  The White House has previously vetoed other foreign aid measures when similar language was included and has threatened another veto. 

The Mexico City policy disqualifies foreign nongovernmental organizations (NGOs) from receiving U.S. family planning assistance if they -- with their own funds -- perform legal abortions.  Under the so-called compromise, the President could waive the ban on performance of abortions, but overall funding for family planning assistance would be cut from $385 million to $356 million and a funding cap and policy restrictions would be permanently written into statutory law.  The gag rule could not be waived and will have broad application. 

The Senate has not adopted any version of a global gag rule or Mexico City policy and is planning to take a final vote on the conference report for H.R. 1757 on April 20th. A House 
refusal to approve funding for the International Monetary Fund (IMF) places the legislation and a related $2.9 billion Supplemental Appropriations bill allocating monies for disaster assistance and military aid on a collision course with the Senate and the administration. 

ACTION NEEDED

Senate members need to hear that the House has not produced an acceptable compromise on family planning and abortion policy.  Instead, H.R. 1757 imposes serious and undemocratic constraints on other nations and invites a situation where there will be more, not less, need for abortions.  Please take time to oppose this dangerous legislation. 

VIOLENCE AGAINST WOMEN



 

VAWA II Introduced with 87 House Co-sponsors

On March 19th, introduction of the Violence Against Women Act of 1998 (H.R. 3514), commonly referred to as VAWA II,  was announced at a well-attended press conference in the Capitol by its chief sponsors, Reps. John Conyers (D-MI), Connie Morella (R-MD) and Charles Schumer (D-NY).  In attendance were Democratic House members Eleanor Holmes Norton (DC), Nita Lowey (NY), Jane Harman (CA), Elizabeth Furse (OR), Sheila Jackson-Lee (TX), Carolyn Kilpatrick (MI), representatives of domestic violence and women's organizations and scores of supporters. 

NOW President Patricia Ireland spoke in support of the bill, noting that numerous studies and government reports are now documenting in detail the scope and nature of violence against women. "Their findings indicate that we have just begun the task of stopping domestic violence and sexual assault," Ireland emphasized. "There can be no doubt that the programs and funding provided in the first Violence Against Women Act are vitally needed and we must continue to provide communities with these important tools." 

The bill, the full text of which appears on the NOW Foundation Website [look for it at http://www.now.org/foundation/  ] re-authorizes successful programs from the first Violence Against Women Act, passed in 1994, like the National Domestic Violence Hotline which has received up to 10,000 calls per month and grants to provide for a coordinated system of response by law enforcement, judicial, shelters and social services. The proposed legislation would expand a number of programs, including increased funding of $1.1 billion for shelter services as well as establish new programs to protect battered women in the workplace. 

Original co-sponsors include Democrats Abercrombie (HI), Ackerman (NY), Baldacci (ME), Barrett ( WI), Bentsen (TX), Blagojevich (IL), Boucher (VA), Brown, C (FL), Brown, G (CA), Carson (IN), Christian-Green (VI), Clement (TN), Coyne (PA), Cramer (AL) Cummings (MD), DeGette (CO), Delahunt (MA), DeLauro (CT), Dooley (CA), Engel (NY), Eshoo (CA), Evans (IL) Faleomavaega (AS), Fazio (CA), Filner (CA), Frost (TX), Furse (OR), Gejdenson (CT), Gephardt (MO), Gutierrez (IL), Harman (CA), Hilliard (AL), Hinchey (NY), Jackson (IL), Jackson-Lee (TX) Kennelly (CT), Kildee (MI), Kilpatrick (MI), Kleczka (WI), Kucinich (OH), Lampson (TX), Lantos (CA), Lewis (GA), Lofgren (CA), Lowey (NY), McCarthy, C (NY), McDermott (WA), McGovern (MA), McKinney (GA), Maloney, C (NY), Manton (NY), Markey (MA), Matsui (CA), Meehan (MA), Miller (CA), Mink (HI), Moran (VA), Nadler (NY), Norton (DC), Pallone (NJ), Pelosi (CA), Pomeroy (ND), Roybal-Allard (CA), Rush (IL), Sanchez (CA), Sawyer (OH), Scott (VA), Sherman (CA), Slaughter (NY), Stark (CA), Thurman (FL), Torres (CA) Underwood (GU), Vento (MN), Waters (CA), Wexler (FL), Woolsey (CA), with Republican Reps. Foley (FL) and Leach (IA) and Sanders (VT), an Independent. 

An unofficial hearing is tentatively planned for early May.  A bill has not been introduced in the Senate as yet, but Sen. Joe Biden (D-DE), ranking Democrat on the Senate Judiciary Committee, has said that he will introduce one when the Senate resumes following recess. 

ACTION NEEDED

If your member of Congress's name does not appear above, please call him or her to urge that they sign on to the bill.  Ask them to call Melanie Sloan, House Judiciary Committee minority staff, at 225-6906.   Ask your Senators if they would support VAWA II in the Senate and push for its passage this Congress and to thank Sen. Biden for his tireless work on behalf of battered women.  There are relatively few days left on the Congressional calendar and it will be a challenge to move this bill onto an already crowded agenda. 

In addition to accessing the text of VAWA II from the NOW Foundation Website, activists may also obtain a hard copy of the bill from House Documents, Room B18, House Annex II, Washington, D.C., 20515.  Phone: (202) 226-5200. 


ECONOMIC EQUALITY



 

NOW Auto Insurance Package Sent to Congress

The Per Mile Auto Insurance Option Act, developed by NOW's Insurance Project, has been distributed in Congress and an effort to review its provisions with selected members is underway.  The bill, drafted by NOW's Patrick Butler, affords car owners the right to choose between two easily evaluated options: (1) paying for insurance in proportion to vehicle miles actually driven (per mile insurance); and (2) the current payment method (time period insurance).  The per mile approach would save drivers -- particularly women, lower income and older persons who drive fewer miles on average -- hundreds of dollars per year. 
But anyone could save on their insurance costs simply by controlling their mileage.  Although women's driving is increasing, as a group they are still driving about half of men's average mileage and are therefore paying on average about twice what men pay per mile for the same insurance protection. 

NOW has received interested inquiries from both Republican and Democratic members and is hoping that a full debate on the issue can take place during this election season. 

ACTION NEEDED

Ask your member of Congress during the Easter/Passover recess to sponsor the legislation and to evaluate its impact on insurance costs in your area.  A copy of the legislation and background information can be obtained by calling NOW Insurance Project, (202) 628-8669, ext. 727, Patrick Butler. 

FREE SPEECH AND ACTIVISM



 

Campaign Reform Bill Takes Aim at Non-Profits

Several bills are being pushed by Republicans that would limit free speech and the ability of groups to organize and influence the public agenda.  One such bill is H.R. 3485, the Campaign Reform and Election Integrity Act, which poses a serious threat to non-profit organizations, like NOW and other advocacy groups.  The legislation would do little to fundamentally reform our corrupt system of campaign financing and would, at the same time, limit free speech and ability of non-profit organizations to influence public policy. 

Title I of the bill has a requirement for non-profit organizations to annually seek consent from their members before they can use funds for "political activity."  This is defined to mean activities to influence elections, shape federal legislation or regulations or educate individuals about candidates for federal office or federal legislation, law or regulations. Expenditures would be cut according to membership response.  The House failed to pass the campaign reform bill; the non-profit anti-advocacy provision was dropped prior to the vote. 

Other similar bills include the Voter Empowerment Act (H.R. 1780) introduced by Rep. David Dreier (R-CA) which would require organizations that do issue advocacy to disclose their funding sources.  The Tax Exemption Accountability Act (H.R. 239) would limit the compensation of officers of non-profits and create a federally-funded clearinghouse offering copies of non-profit tax returns. 

More ominous is the multitute of so-called Paycheck Protection bills and initiatives which have been introduced into 24 states where severe limitations would be placed on union activities, requiring them to seek members' approval before making political and charitable contributions. One such initiative is California's Prop 226 which will be voted on June 2nd. 
Some versions in various states would apply limitations as well to non-profit organizations. 

ACTION NEEDED

Even though the campaign reform bill failed to pass with the offending provision, other attempts will be made in Congress and the states to limit free speech and the ability of groups to impact the political process.  Activists need to be vigilant to make certain that these dangerous measures are not passed.
 

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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