LEGISLATIVE UPDATE

May 7, 1999

  • Wal-Mart Refuses to Dispense Emergency Contraceptive
  • Abortion Opponent Nominated for District Court Judgeship
  • Bad Bankruptcy Bill Sails Through the House
  • Women’s Groups Alarmed at Clinton’s Backtracking on Social Security
  • Hate Crimes Senate Hearing Re-scheduled
  • Senate VAWA Package Rounded Out
  • CEDAW Call-In Week Slated

  • REPRODUCTIVE RIGHTS


    Wal-Mart Refuses to Dispense Emergency Contraception

    Wal-Mart, which operates the second largest pharmacy system in the United States is prohibiting its 2,435 stores from stocking, ordering or dispensing Preven. Preven, a packaged combination of hormonal pills,  is used to prevent pregnancy up to 72 hours after unprotected intercourse.

    Contraception researchers estimate that Preven, if widely used, could prevent half of all unintended pregnancies. Wal-Mart is thus denying to its women customers -- a majority of the 90 million customers a week -- access to one of the more effective contraception drugs available.


    Action Needed:

    NOW activists and their friends should send a message to Wal-Mart, urging them to change their policy and begin stocking emergency contraception and filling prescriptions. The e-mail address is letters@wal-mart.com or send letters to David D. Glass, president and chief executive officer, Wal-Mart Stores, Inc., Bentonville, AR 72716.

    Abortion Opponent Nominated for District Court Judgeship

    Sen. Orrin Hatch (R-UT), chair of the Senate Judiciary Committee, has proposed a nominee for appointment to the bench for the U.S. District Court in Utah who is an abortion rights opponent. Ted Stewart, currently chief of staff for Utah Governor Mike Leavitt, is described as “a link to the rural Utah conservatives” and is also avidly anti-environmental in his views. Stewart has already passed the FBI background check and his possible nomination is under consideration by the White House.

    Reportedly, Sen. Hatch has threatened to continue holding up a number of judicial nominations unless Stewart is nominated and confirmed soon. The White House, wanting to move some of its own nominees in what is a severely backlogged judicial nominations process, may feel impelled to comply with Sen. Hatch. The backlogging is part of a hardball Republican strategy to prevent any moderate judges from being nominated and to continue their efforts launched under President Ronald Reagan to pack the federal judiciary with right-wingers.


    Action Needed:

    Please call the White House main switchboard number at (202) 456-1414 and tell the President that Ted Stewart should not be nominated. Emphasize that you oppose Stewart because of his opposition to women’s reproductive rights.


    ECONOMIC EQUITY


    Bad Bankruptcy Bill Sails Through House

    The House passed on May 6th the so-called Bankruptcy Reform Act of 1999 (H.R. 833) by a lopsided vote of 313 to 108.  Democrats attempted numerous amendments from the floor; virtually all failed, including one sponsored by Rep. Jerrold Nadler (D-NY) that would have addressed many of the bill’s flaws, including those relating to elevating credit card debt to compete with past due child support obligations. 

    Another amendment (offered by Nadler) which would have assured that clinic violence debts are non-dischargeable in bankruptcy was not allowed a floor vote; it had also been defeated in committee by a vote of 13 to 18.  Several clinic violence defendants, like abortion rights opponent Randall Terry, have declared bankruptcy to avoid paying judgements in clinic violence suits.

    This bankruptcy bill is even more onerous that last year’s version which passed the Senate and the House, but failed to reach conference committee consensus. The current legislation is designed to increase the ability of credit card companies to collect payments on credit card debts by limiting a debtor’s ability to meet other financial obligations, including paying past due child support. It also prioritizes government claims for assigned child support over child support payments to be paid directly to the family. NOW pointed out in a letter to women members of the House that “prioritizing what frequently amounts to scarce dollars to go first to the government and second to a needy family is a poor approach that will result in hardship for hundreds of thousands of families.”

    In addition, both House and Senate versions allow a broader range of debts to survive bankruptcy and therefore make it less likely that the debtor, after bankruptcy can satisfy more numerous financial obligations -- and more difficult to meet past due child support obligations. Other provisions -- like removal of current protections against eviction of debtors -- seriously weaken the consumer protection elements of bankruptcy law.  The bankruptcy “reform” legislation is seen by critics as payoff to the powerful banking industry for their generous support of both Republican and Democratic incumbents in the last election. 

    A Senate floor vote is expected as early as next week and may be a close one. The Senate version (S. 625) version is slightly more moderate than the House bill, but also contains the same problems with respect to the having credit card debts compete with past due child support. President Clinton, critical of many features of the bill, has threatened to a veto.


    Action Needed:

    Your help is needed to assure a veto override proof margin in the Senate. Please call both your Senators and urge them to oppose S. 625. Reinforcement for President Clinton’s pledge to veto the legislation would be helpful as well; the White House comment line is (202) 456-1111.

    Women’s Groups Alarmed at Clinton’s Backtracking on Social Security

    Women’s rights advocates, including NOW, were appalled to learn recently that the Clinton Administration was offering to negotiate a deal with Republican Congressional leaders on privatizing Social Security. This comes after the President had declared in his State of the Union message, that he would safeguard the system and maintain current benefit levels. Representatives from the National Council of Women’s Organizations, a broad coalition of groups including NOW, criticized the President’s stance at a press conference at the National Press Club on May 6th.

    This came after Senate Majority Leader Trent Lott said that Social Security would not be taken up by the Senate this year and other Republican leaders were trying to distance themselves from any Social Security privatization plan. Polls show that a substantial portion of the public is leery of giving up a guaranteed social insurance program in favor of risky stock market investments. Women, especially, appear to be opposed to such an approach. 

    Republican House leaders, Rep. Bill Archer (R-TX), chair of House Ways and Means and Rep. Clay Shaw (R-FL), released their plan in late April for ‘reforming’ Social Security. It was touted to provide not only private investment plans for everyone, but a back-up Social Security system -- in case a person’s private investments don’t pan out. The Archer-Shaw plan is a purposefully complicated approach that would give workers tax credits each year amounting to 2 percent of their earnings, which would then be placed into [selected] investment plans. 

    The big catch, however, is that these individual accounts, accruing an estimated 5.3% annual earnings to the account holders, would have no protections for spouses, survivors and children (as Social Security currently provides). Also, low wage earners would earn significantly less from private accounts as they have far less to invest, while higher income earners would reap the higher returns  -- thus perpetuating the already wide spread between the rich and the poor.

    In addition, the Archer-Shaw plan would not make Social Security solvent for the future, failing to be self-financing in the years after 2025 when the federal budget is projected to run a deficit. It would be necessary then to draw federal funds away from social spending to prop up Social Security. Other assumptions in the Republican proposal are most likely over-optimistic in terms of projected investment returns. The biggest drawback, of course, is that the Archer-Shaw plan would give away hundreds of billions of dollars of workers’ savings to the financial industry, while providing no increase in benefits to the vast majority of retirees. This analysis is drawn from the work of Dean Baker of the Preamble Center who is co-author with Mark Weisbrot of a new book, Social Security: The Phony Crisis (1999, University of Chicago Press).

    NOW, the Institute for Women’s Policy Research, the Center on Budget and Policy Priorities and other women’s organizations are meeting with technical experts to develop a range a proposals on how to increase benefits for older women under Social Security and bring them closer to the benefits received by older men. 


    Action Needed:

    Stay tuned for more developments. In the meantime, you can obtain detailed information about various Social Security proposals from the following websites: www.preamble.org for the Preamble Center; www.ourfuture.org , sponsored by the Institute for America’s Future, Social Security Information Project; http://www.network-democracy.org/socialsecurity  -- sponsored by the Americans Discuss Social Security (funded by The Pew Charitable Trusts) and http://www.cbpp.org for the Center on Budget and Policy Priorities. See also the NOW information at  our http://www.now.org/issues/economic/social/ page.


    VIOLENCE AGAINST WOMEN


    Hate Crimes Senate Hearing Re-Scheduled

    Tuesday, May 11th, is the new date for the Senate Judiciary Committee Hate Crimes hearing. A previous hearing date for April, which would have happened in the wake of the Littleton, CO high school massacre, was postponed. Judiciary Committee chair, Sen. Orrin Hatch (R-UT), has said that the hearing would not focus on the legislation, but rather would be about hate crimes in general. 

    The Hate Crimes Prevention Act (HCPA, S. 622), sponsored by Sens. Ted Kennedy (D-MA), Arlen Specter (R-PA), Ron Wyden (D-OR) and Sen. Gordon Smith (D-OR) would add three new categories of hate crimes to federal statutes: sex-based hate crimes, sexual-orientation-based hate crimes and hate crimes committed because of a person’s disability. Additionally, it would remove restrictions which gave federal authorities investigation and enforcement authority only if
    the hate crime were committed when the victim was attending school, voting or serving on a jury. Thirty-two other Senators are co-sponsors; the Hate Crimes Coalition, which includes NOW, has a goal of obtaining 51 co-sponsors for HCPA.

    Rep. Henry Hyde (R-IL), chair of the House Judiciary Committee, has promised hearings, but none has been scheduled to date. There are 166 co-sponsors of the House bill, H.R. 1082, sponsored by Rep. John Conyers (D-MI), ranking minority member of the House Judiciary Committee.


    Action Needed:

    Please ask your Senator to co-sponsor S. 622; we need to have 16 more co-sponsors in the Senate. Here are the names of Senators who should be co-sponsors: Sens. Inouye (D-HI),
    Moynihan (D-NY), Edwards (D-NC), Hollings (D-SC), Kohl (D-WI), Lincoln (D-AR), Snowe (R-ME), Abraham (R-MI), Baucus (D-MT), Bayh (D-IN), Bennett (R-UT), Breaux (D-LA), Campbell (R-CO), Collins (R-ME), Conrad (D-ND), DeWine (R-OH), Domenici (R-NM), Dorgan (D-ND), Gorton (R-WA), Graham (D-FL), Kyl (R-AZ), Lugar (R-IN), McCain (R-AZ), Santorum (R-PA), and Warner (R-VA).

    We also need more co-sponsors for the House bill; please ask your Representative to sign on. Also, call Rep. Henry Hyde’s office at (202) 225-4561 to urge that he set a date for the House Judiciary Committee hearing on hate crimes legislation.


    Senate VAWA Package Rounded Out

    After some delay, the Battered Women’s Economic Security and Safety Act of 1999 (BWESSA) will be introduced in the Senate next week by Sens. Paul Wellstone (D-MN) and Patty Murray (D-WA). The legislation will  round out the Senate violence against women package, which also contains S. 51, a modified VAWA bill, sponsored by Sen. Joseph Biden Jr. (D-DE). The two bills would contain nearly all the provisions contained in the House bill, H.R. 357, (Violence Against Women Act of 1999)  sponsored by Reps. John Conyers (D-MI) and Connie Morella (R-MD), and being enthusiastically supported by NOW and other advocates for battered women. Missing in both Senate bills is a revised re-authorization component, with changes based on
    information from service providers and others in the field, to make sure that funds are distributed more effectively.

    Because federal funding for nearly all programs will run out this year unless re-authorized, there is an urgency about moving forward soon. Hearings must be held and specific action taken to assure that VAW programs continue. Reps. Morella and Nancy Johnson (R-CT) and 29 original co-sponsors have introduced S. 1248 (known simply as the VAWA Re-Authorization Bill) as a free-standing bill to re-authorize VAWA as a back-up measure in case the expanded bills do not pass.


    Action Needed:

    Lots of letters, phone calls, faxes and e-mail messages from activists will help assure that VAW programs do not expire.  Please get those messages in as soon as possible as there are fewer than 100 legislative days remaining in 1999. Call your Senators and ask them to co-sponsor the Battered Women’s Economic Security and Safety Act. 

    Also, advocates are planning various promotional efforts to support VAWA ‘99, including a national Petition Drive. The petitions are available to anyone who wants to circulate these and will be posted online at the NOW website (www.now.org) as well as circulated at this summer’s Lilith Fair concert series. 


    INTERNATIONAL FEMINISM


    CEDAW Call-In Week Slated

    Women’s rights advocates are urged to call their Senators during the week of May 10 to 14 to demand that the Senate ratify the Convention on the Elimination of All Forms of Discrimination
    Against Women (CEDAW). CEDAW is recognized as an International Bill of Rights for Women” and it obligates ratifying countries to combat discrimination against women in all areas, including education, employment, health care, economics, law, marriage, family relations and politics. To date, 160 countries have ratified CEDAW, but the United States has not. The proposal is currently languishing in the Senate Foreign Relations Committee, where CEDAW opponent Sen. Jesse Helms (R-NC), is chair.

    A coalition of women’s rights organizations is actively working to promote ratification of CEDAW by the year 2000. Unfortunately, in the U.S., a series of modifications for CEDAW, known as Reservations, Declarations and Understandings (RDUs) have been proposed which undermine the spirit of the convention.


    Action Needed:

    Call the Senate switchboard at (202) 224-3121 and ask for your Senators’ offices. Leave a message that you want to see CEDAW ratified this Congress and the Reservations, Declarations and Understandings need to be dropped. The United States, of all countries, should have ratified CEDAW years ago.

    This Legislative Update was compiled by the Government Relations/Public Policy Team at the NOW office. Questions?  Call Jan Erickson, Government Relations Director at (202) 628-8669, ext. 768.  To receive free copies of any bill, call your U.S. Senator or Representative at (202) 224-3121 or connect to http://thomas.loc.gov  This update is mailed monthly to the NOW leadership. Any member can receive a copy of this update by mail for $25 per year, or you can read it at http://www.now.org/issues/legislat/  Join our Action Alert e-mail..


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