LEGISLATIVE
UPDATE LEGISLATIVE
UPDATE
Senate Passes D & X Bill - Now it's Up to the President |
On May 20 by a vote of 64 to 36, the Senate approved of H.R.
1122, the so-called "Partial- Birth" Abortion Ban Act of 1997,
sponsored by Sen. Rick Santorum (R-PA), after adding several amendments
requested by representatives of the American
Medical Association (AMA). The final tally was just three votes short
of the number needed to override a presidential veto. Voting "no"
were 4 Republicans and 32 Democrats; voting "yes" were 51 Republicans
and 13 Democrats.
The action came on the heels of a letter from the AMA's Board of Trustees (not the full House of Delegates, the AMA's governing body) which endorsed the ban, with minor modifications purporting to give additional protections for physicians and for women. The amendments inserted language specifying that the physician's action must be "deliberate and intentional" and allowing a hearing before a State Medical Board on whether a physician's conduct was necessary to save the mother whose life was endangered by a physical disorder, illness or injury. The result of this hearing would be admissable in any prosecution of the doctor but would not prevent prosecution. Abortion rights supporters noted that none of the changes provided an exception for the health of the woman -- as Roe v. Wade requires -- and that H.R. 1122 remains vague and unconstitutional (See related article below). The American College of Obstetricians and Gynecologists (ACOG), the American Medical Women's Association, other medical professional organizations continue their strong opposition to the ban. Senators who voted to oppose the ban were: Daniel Akaka (D-HI), Max Baucus (D-MT), Jeff Bingaman (D-NM), Barbara Boxer (D-CA), Bryan (D-NV), Dale Bumpers (D-AR), Chafee (R-RI), Max Cleland (D-GA), Susan Collins (R-ME), Chris Dodd (D-CT), Dick Durbin (D- IL), Russ Feingold (D-WI), Dianne Feinstein (D-CA), John Glenn (D-OH), Tom Harkin (D- IA), Daniel Inouye (D-HI), Jim Jeffords (R-VT), Ted Kennedy (D-MA), Bob Kerrey (D-ME), John Kerry (D-MA), Herb Kohl (D-WI), Frank Lautenberg (D-NJ), Carl Levin (D-MI), Joseph Lieberman (D-CT), Barbara Mikulski (D-MD), Carol Moseley-Braun (D-IL), Patty Murray (D-WA), Jack Reed (D-RI), Charles Robb (D-VA), Jay Rockefeller (D-WV), Paul Sarbanes (D-MD), Olympia Snowe (R-ME), Robert Torricelli (D-NJ), Paul Wellstone (D- MN), and Ron Wyden (D-OR). Several senators who have supported abortion rights in the past and whom activists hoped would oppose the ban, but voted for it include: Sen. Joe Biden (D-DE), Mary Landrieu (D- LA), Patrick Leahy (D-VT), Fritz Hollings (D-SC), Kent Conrad and Byron Dorgan (both D- ND), Pat Moynihan (D-NY), Bob Byrd (D-WV), Arlen Specter (R-PA) and Tom Daschle (D- SD). Of those, Senators Daschle, Dorgan, Hollings, and Leahy are up for re-election in 1998. An extensive effort was made by several Democrats to have more "moderate" alternatives adopted, including a bill sponsored by Democratic Senators Dianne Feinstein (CA), Barbara Boxer (CA), and Carol Moseley-Braun (IL) which prohibited post-viability abortions, with exceptions to preserve the life of the mother and to avert serious adverse health consequences. Opposed by NOW as an unacceptable weakening of Roe v. Wade, the women senators' bill was the least offensive of the three considered in that it addressed only post-viability abortions and preserved medical judgement on the necessity of an abortion. But this was defeated by a vote of 72 to 28, with Senators Akaka, Baucus, Bingaman, Boxer, Bryan, Chafee, Cleland, Durbin, Feinstein, Glenn, Inouye, Jeffords, Kennedy, Kerrey, Kerry, Lautenberg, Leahy, Levin, Mikulski, Moseley-Braun, Murray, Reed, Robb, Rockefeller, Sarbanes, Torricelli, Wellstone, and Wyden voting for the measure. One purpose in introducing this bill was to get right wing senators on record as opposed to an exception to preserve women's health. Senate Minority Leader Tom Dachle's bill contained language which forbade physicians to abort a viable fetus unless continuation of the pregnancy threatened the life of the mother or risked grievous injury to her physical health. Key definitions stipulated that "grievous injury" was any condition medically diagnosable and that a viable fetus was any fetus that could be sustained outside the womb on life support technology. A major defect was the omission of any provision providing for an exception related to pre-existing health- threatening conditions exacerbated by the pregnancy. NOW opposed the Daschle version because of that grave omission and the considerable narrowing of the definition of health. The Daschle alternative went down as well with a vote of 64 to 36. Senators voting for were Akaka, Baucus, Biden, Bingaman, Bryan, Bumpers, Byrd, Cleland, Collins, Daschle, Dodd, Durbin, Feingold, Graham, Harkin, Inouye, Johnson, Kennedy, Kerrey, Kerry, Kohl, Landrieu, Leahy, Levin, Lieberman, Mikulski, Moseley-Braun, Murray, Reed, Robb, Rockfeller, Sarbanes, Snowe, Torricelli, Wellstone and Wyden. Senator Daschle, a Catholic, ultimately cast his vote for H.R. 1122, the outrageous the Santorum bill. As of June 6th, the bill was set to go back to the House for a vote to approve the Senate-added amendments, and then on to the president. Even though President Clinton has repeatedly stated that he will veto a bill which does not protect the lives and health of women, there is some uncertainty about what he will do if it appears that the Senate may override a veto. Meanwhile, a major media campaign is being conducted in various states by abortion opponents in an effort to get those three Senate votes for the override. States and senators considered possibilities for changing position to support a ban: Iowa - Harkin, Arkansas - Bumpers, Connecticut - Lieberman, Maine - Snowe and Collins, Wisconsin - Feingold and Kohl, Florida - Graham and Georgia - Cleland. The House, which has yet to agree to the Senate amendments, has postponed a vote originally set for Thursday, June 5th. The Foreign Aid authorization bill was scheduled for floor action and members were planning to give Mother Theresa the Congressional Medal of Honor. Activists wondered whether the nun would also make office visits advocating passage of H.R. 1122. |
ACTION NEEDED: |
First, let the President
know that he must veto this dangerous bill, regardless of whether the veto
will be overridden (White House (202) 456-1111). It is also very important
to thank members of Congress who voted against any ban bill and to make
sure that no one changes position to support the ban. Efforts to communicate
with Senators will be especially important; please note who are the targets
of the opposition and emphasize to them that the AMA-backed changes do
nothing to protect women's health.
The 136 members of the House who voted correctly (to oppose) the ban are, alphabetically: Abercrombie, Ackerman, Allen, Andrews, Baldacci, Becerra, Bentsen, Berman, Bishop, Blagojevich, Blumenauer, Boehlert, Boucher, Brown (CA), Brown (FL), Brown (OH), Campbell, Capps, Cardin, Carson, Clay, Clayton, Clyburn, Conyers, Coyne, Cummins, Davis (IL), DeFazio, DeGette, Delahunt, DeLauro, Dellums, Deutsch, Dicks, Dixon, Doggett, Dooley, Edwards, Engel, Eshoo, Evans, Farr, Fattah, Fazio, Filner, Ford, Frank (MA), Frost, Furse, Gejdenson, Gilman, Gonzales, Green, Greenwood, Gutierrez, Harman, Hastings (FL), Hilliard, Hinchey, Hooley, Jackson (IL), Jackson-Lee (TX), Johnson (CT), Johnson, E.B., Kennedy (MA), Kennelly, Kilpatrick, Kolbe, Lantos, Levin, Lewis (GA), Lofgren, Lowey, Luther, Maloney (NY), Markey, Matsui, McCarthy (MO), McCarthy (NY), McDermott, McGovern, McKinney, Meehan, Meek, Menendez, Millender-McDonald, Miller (CA), Mink, Morella, Nadler, Olver, Owens, Pallone, Pastor, Payne, Pelosi, Pickett, Price (NC), Rangel, Rivers, Rothman, Roybal-Allard, Rush, Sabo, Sanchez, Sanders, Sawyer, Schumer, Scott, Serrano, Sherman, Skaggs, Slaughter, Adam Smith (WA), Snyder, Stabenow, Stark, Stokes, Tauscher, Thompson, Thurman, Tierney, Torres, Towns, Velasquez, Vento, Waters, Watt (NC), Waxman, Wexler, Wise, Woolsey, Wynn and Yates. |
AMA Poses a "Deal" - Trade D & X Ban to Stop Medicare Cuts? |
On the very same day that the American Medical Association's Board
of Trustees delivered its message
of support for the Santorum bill, the conservative medical association
also submitted an eight-page letter detailing its agenda for the 105th
Congress. Chief among the points listed was an objection to a proposed
cut of $115 billion over five years for Medicare reimbursement. The timing
may have been only coincidental, but abortion rights advocates interpreted
this as a cynical quid pro quo -- trading women's lives and health
for safeguarding physicians' incomes.
The AMA as represented through its 435 member House of Delegates is expected to vote at its annual meeting, June 20 to 26, in Chicago on whether to accept as AMA policy the recommendations of a 36 page report on the D & X abortion procedure. Oddly enough, the report's summary statement from Nancy Dickey, M.D., Chair of the American Medical Association, finds that the D & X procedure may be "absolutely necessary" in unforeseen circumstances." In addition, the report recommends that "physicians not use abortion procedures for terminating pregnancies in the third trimester, other than in extraordinary circumstances or where severe fetal anomalies inconsistent with life exist, because sacrificing the fetus and/or destruction of the fetus is rarely necessary even when ending the pregnancy to preserve the life or health of the mother." The report noted that "the AMA does not support any legislative proposals at this time" (dated May 14). Despite this report and the upcoming House of Delegates meeting, the AMA Board of Trustees of its own volition and just prior to the Senate vote five days later sent a letter to Congressional leadership expressing support for the Santorum bill H.R. 1122. Calls from outraged physicians poured into the offices of medical organizations and reproductive rights advocacy groups around Washington. Observers note that this is first time that the AMA has supported criminalizing a recognized medical procedure. Rumor had it that there would be an official challenge to AMA Board of Trustees for potential violation of a resolution governing how the organization would handle this question. |
| ACTION NEEDED: | Call your physician and your state or county medical society to tell them that you vigorously object to their position in support of a bill which is dangerous to women. Let them know that you disapprove of the apparent exchange of women's health and safety for doctors' income security. You may check the AMA website for names and addresses, including names of all 435 House of Delegate Members. If you have difficulty in locating the appropriate AMA representatives in your area, call the National NOW Action Center's Government Relations Office and ask for Lori Stormer, (202) 628-8669. Also, please register your objections with Dr. Nancy Dickey, Chair of the AMA Board of Trustees, (312) 464- 4466. |
Rep. Harman will Offer Amendment for Military Women |
Although chances are slim that the House will accept it, Rep. Jane
Harman (D-CA) will offer her bill, H.R.
411, Freedom of Choice for women in the uniformed services serving outside
of the United States, as the FY 98 Defense Authorization bill moves
through the House. Mark- up of the bill begins this week in the House National
Security Committee, Military
Personnel Subcommittee. The bill, if passed, would restore abortion
rights for military personnel and dependents, using their own funds, to
obtain abortion service overseas.
This same subcommittee is where Rep. Roscoe Bartlett, (R-MD), a critic of gender integrated military training, will offer an amendment this week to segregate the sexes during basic training. NOW, NOW/LDEF, and other major women's organizations have written to committee members objecting to that proposal. |
| ACTION NEEDED: | Get in touch with your member to advocate for adoption of S. 411 and urge him/her to oppose efforts to turn the clock back for women in the military. |
Product Liability Veto Endangered |
Consumer, health and women's rights activists are worried because it
appears that President Clinton may be dropping his opposition to the Republican's
product liability bill. This measure, S.
648, the so-called Product Liability Reform Act of 1997, is nearly
identical to the one he vetoed last year. Word now comes that the president
has appointed an interagency task force to come up with sort sort of "compromise."
The agencies which sit on the task force will be the Departments of Commerce,
Treasury and Justice, along with the Small Business Administration. Not
represented are any agencies which hold jurisdiction over health and safety
matters -- like Health and Human Services, the Consumer Product Safety
Commission, or the Food and Drug Administration.
Observers expect that a "deal" which benefits the business community and cuts out consumer interests will be the result. Action may take place in the Senate before the July 4th, Independence Day, holiday. S. 648 is a Republican leadership priority and effectively limits the ability of consumers to bring successful lawsuits; among its various defects are limits on punitive damages, immunity for biomaterials suppliers, a provision that the loser pays the winner's fees and costs (a deterrent to low income plaintiffs) and restrictions on joint and several liability (i.e., every defendant in liable jointly with the other defendants) on non-economic damages which especially hurts women (such as loss of fertility, etc.) |
ACTION NEEDED: |
Please contact members of the Senate to urge them to oppose a product liability bill which does not adequately protect consumers and would especially be disadvantageous to women. Because the "compromise" measure is on a fast track, the legislation could be scheduled for a vote in the next two to three weeks. |
Family Violence Provision in Budget Resolution |
House and Senate supporters of programs fighting domestic violence in the were successful in adding the a clarification for the Family Violence Provision (FVP) to the budget resolution which will was moving quickly through both bodies. The clarification assures states that they will not be penalized for providing temporary waivers to battered women on welfare; these waivers may be necessary as welfare recipients move through welfare to work process. States must meet certain goals in getting recipients into jobs in order to receive performance bonuses. Rep. Lucille Roybal-Allard (D-CA) and Senators Paul Wellstone (D-MN) and Patty Murray (D-WA) provided leadership on this important initiative. |
DV Hotline Featured in Postage Stamps; Hotline Logs over 100,000 Calls |
The U.S. Postal Service introduced
a new stamp booklet in late May which will carry a message about the National
Domestic Violence Hotline. Two hundred million copies of the booklet
which contains twenty 32 cent self-adhesive stamps will be distributed
during the coming months. Senators Ted Kennedy (D-MA) and Ted Stevens (D-AK)
requested that a stamp be issued about the hotline, but Postmaster General
Marvin Runyon felt that a booklet message would be more effective.
The text advertises the number: 1-800-799-SAFE (7233) and a TDD/Deaf Access line at 1- 800-787-3224. Assistance is available in English and Spanish and reminds readers that "Help is only a telephone call away." Meanwhile, the National Domestic Violence Hotline received its 100,000th call during the month of May, 14 months since beginning operation. The hotline is a toll-free crisis intervention, information and referral line. Hotline is federally funded under the Violence Against Women Act of 1994 which NOW was instrumental in passing. Staff members at the council indicate that the states which callers most frequently say they live in are California, New York, Illinois, Texas, Florida, and Ohio. According to the way that callers identify themselves, 61 percent are domestic violence survivors, 18 percent are friends or family members of survivors and/or victims of domestic violence and 5 percent of the callers are batterers (with the remainder calling for other reasons). A similar hotline for rape and sexual assault information and referral is being proposed in the Violence Against Women Improvement Act of 1997, currently being drafted by members of the National Task Force on Violence Against Women, the House Judiciary Committee minority staff, and Sen. Joe Biden (D-DE). |
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 you Senator or Representative at (202)224-3121. The update is mailed monthly to NOW leadership. Any member can receive a copy of this Update by mail for a yearly charge of $25. Tell friends that they can read this Legislative Update at http://www.now.org/issues/legislat/legislat.html Or, they may receive it by email if they join our Action Alert.
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