LEGISLATIVE
UPDATEI. VIOLENCE AGAINST WOMEN
|
|
| HATE CRIMES ACT TO BE OFFERED AS AMENDMENT TO DEFENSE BILL | Today or tomorrow Sen. Ted
Kennedy (D-MA) is planning to offer the Local
Law Enforcement Enhancement Act (LLEA, S. 622, formerly the
Hate Crimes Prevention Act) as an amendment to the Department
of Defense authorization. We need your calls and emails right away
to the target list below. Failing that strategy, Sen. Kennedy will again
attempt to add it as an amendment to the Commerce/State/Justice appropriations
bill, which was the vehicle last year for Senate
approval, even though the measure was ultimately deleted in conference
committee after passing both houses.
LLEA strengthens federal law (18 U.S. C. 245) by expanding coverage to include hate crimes based on gender, sexual orientation and disability in addition to the current categories of race, color, national origin and religion. The bill represents an important effort support women's fundamental civil right to live free of sex-based violence and, in light of the Supreme Court's ruling that the Fourteenth Amendment does not even provide a basis for Congress to permit private federal lawsuits by victims, it is more important than ever to expand this protection. |
| ACTION NEEDED: | PLEASE ACT RIGHT AWAY! Senators who especially need to hear from constituents
include Gordon Smith (OR),
Chaffee
(RI), Snowe and Collins,
(both ME), Domenici (NM),
Campbell
(CO),
Abraham (MI), Enzi
(WY), Fitzgerald (IL),
Thomas
(WY), DeWine (OH), Gorton
(WA), Stevens (AK) and
Voinovich
(OH) -- all Republicans. Democratic Senators who should be contacted
are: Hollings (SC), Moynihan
(NY),
Byrd (WV), Edwards
(NC) and
Lincoln (AR).
Send a short e-mail message or make a quick call to your
Senators, saying:
Please make certain that the Local Law Enforcement Enhancement Act (S. 622) is passed this year. I am counting on you to vote for this important legislation and to demonstrate leadership in seeing that this bill becomes a law. Women especially need the protection that HCPA would provide by including sex-based hate crimes among those protected by the federal criminal statutes. |
| HATCH PROMISES TO BRING VAWA REAUTHORIZATION TO SENATE FLOOR VOTE | Advocates for battered women were temporarily elated when word came
on June 7th that Sen.
Joe Biden (D-DE) would attempt to offer a compromise bill reauthorizing
the Violence
Against Women Act (VAWA) as an amendment to the Defense
Department appropriations bill. But because more than 100 other
amendments were pending when the DOD bill was taken up on the Senate floor
-- and it did not look certain that the strategy would succeed -- Sen.
Biden decided he would try to work out an agreement with Senate
Judiciary Committee Chair Orrin Hatch (R-UT). In a Judiciary
executive mark-up session, the ranking minority member, Sen.
Patrick Leahy (D-VT), asked why VAWA was not on the committee calendar.
Discussions followed and later on the Senate floor, Sen. Biden announced
that Committee Chair Hatch has guaranteed a mark-up session for June 15th
and a floor vote before the Fourth of July recess.
Previously, rumors were circulating that VAWA could be attached to the Religious Liberty Protection Act (H.R 1691), a Republican priority bill, or to the Trafficking Victims Protection Act (H.R. 3244). But, as of this moment, it looks like VAWA will proceed on its own. Funding for the many anti-violence programs that currently serve thousands women who are victims of domestic violence and sexual abuse is going to run out early this fall. Before that time, both the House of Representatives and the Senate must finish committee work, schedule floor votes, expedite through a conference committee and then send the VAWA reauthorization bill to the President to ensure continued funding for shelters, hotlines and other services. In the House, VAWA (H.R. 1248) has been passed out of the Judiciary Committee's Crime Subcommittee and is set for a full committee mark-up either this week or next. However, there was one major flaw in the bill as it came out of subcommittee: it lacked important provisions for victims of dating violence. Under this version, women would have to be co-habiting with their abusers in order to be able to benefit from VAWA services. This provision is particularly onerous in light of brand new data released by the Department of Justice in May. According to their special report entitled, "Intimate Partner Violence," women between the ages of 16 and 24 are the most likely to experience violence within their relationships. Often women this young are not living with their abusers, but they still need VAWA services. Congress must amend VAWA to include provisions for all women who experience such violence, regardless of whether they live with the abuser. On May 17th, Vice President Al Gore issued a call for Congress to reauthorize VAWA, citing a drop of 20.3% in 1998 of violent offenses by an intimate partner as compared to data from 1993. "This is evidence that our administration's Violence Against Women Act (VAWA) and the over $1 billion in grants for law enforcement assistance and battered women's shelters which have been made under VAWA are working," he added. We must express to Senators the need to reauthorize VAWA right away. In the five years of its existence, local programs funded under the act have been successful in lowering rates of violence against women and men. According to the Department of Justice report, since VAWA the rate of intimate partner violence has fallen from 9.8 to 7.5 per 1,000 women. But these numbers are still too high, so there is much work left to do. This is why it is so important that VAWA be reauthorized at full funding immediately. An important note: Because so-called men's rights (aka "fatherhood") advocates and anti-feminist groups have undertaken a campaign to discredit violence against women programs, it is important to stress that the Violence Against Women Act is gender neutral. Funds are available to support programs which assist men as well as women; if the language in the act were not gender neutral, it could not meet a constitutionality challenge. But because women are the majority of those targeted in the kinds of crimes covered by the Act, the majority of the funds go to programs assisting women victims. Although there are in fact a number of programs for male victims of abuse. And, any statistics that our opponents may cite that suggest that as many women as men are batterers are simply inaccurate and cannot be substantiated by sound scientific research. Additionally, some men's rights activists have mistakenly concluded that the recent Supreme Court decision in United States v. Morrison (the Christy Brzonkala case) invalidated the entire Violence Against Women Act, when in fact only one small part -- the civil remedy which allowed victims of violence to file a lawsuit in federal court -- was in question. A majority of the Court said that neither the Commerce Clause nor the Fourteenth Amendment grants Congress the power to pass a law allowing victims of sex-based violence to sue their attackers in federal court. None of the programs funded under VAWA are affected by this ruling. |
| ACTION NEEDED: | Here is a suggested letter for the members of your Congressional
delegation. You can also go to our website and send
the letter with edits as you wish.
Dear Senator/Representative: |
| RELIGIOUS LIBERTY ACT COULD OVERRIDE CIVIL RIGHTS & OTHER LAWS | On the Republican priority list for passage this year is
the Religious
Liberty Protection Act (RLPA) -- (H.R. 1691). The bill's
stated purpose is to adopt safeguards against governmental burdens on the
free exercise of religious beliefs. However, a number of serious objections
have been raised, including questions of whether the bill, if passed, would
create problems in enforcing laws against child abuse and domestic violence,
protecting civil rights, assuring children's and women's access to health
care services, and maintaining appropriate land use and zoning policies.
Reportedly Senators are working to modify the bill to answer certain criticisms -- particularly those in the civil rights and land use areas, but observers doubt that the changes will answer all concerns. H.R. 1691 passed the House last year and Senate Judiciary Committee Orrin Hatch (R-UT) has vowed to its counterpart, S. 2081, adopted into law, even suggesting that he might link it to the Violence Against Women Act reauthorization. (Recent reports, though, indicate that he probably will not do that.) RLPA was drafted by conservative religious activists to respond to a pair of Supreme Court rulings on this topic. The first ruling, in 1990 [Employment Division v. Smith], held that the Constitution does not require laws of general applicability that burden religious beliefs to have a compelling state interest. In response, Congress passed the Religious Freedom Restoration Act which sought to legislatively reinstate the compelling state interest test. The second in 1997 [City of Boerne v. Flores], struck down RFRA, holding that Congress has exceeded its constitutionally limited power to legislate under the Fourteenth Amendment. RLPA, if passed, attempts to solve the constitutionality problem in RFRA by basing the authority in the commerce and spending clauses (rather than the 14th Amendment), and again attempting to enact the compelling state interest test by statute. Critics fear, and with good cause, that RLPA will allow many groups and individuals to practice discrimination on the bases of race, gender, sexual orientation, marriage status and other such things in the name of religion. They worry, simply, that RLPA will derail the civil rights progress that has been made throughout the nation and keep states from being able to enforce their civil rights laws. The RLPA would provide a built-in defense for individuals who practice discrimination and could lead to a host of potential legal problems that could be a major setback in civil rights law. There are many ways in which the original purpose of RLPA, to allow people to practice their religion freely, could be distorted and misused to perpetuate acts of discrimination against a wide variety of people. RPLA could also have a dramatic impact on law concerning child abuse and domestic violence. RPLA could provide a religious defense for these crimes, thus setting up a dangerous standard by which cases of child abuse and domestic violence would be evaluated. If a defendant in such a case claimed that the abuse was religiously motivated, the state would have to prove that it has a compelling interest in acting to end the abuse, and that it would do so in the way that was least restrictive to the abuser's religious practices. It is the belief of many progressive organizations that this "least restrictive" test would tie the hands of the state in trying to address the abuse of women and children. Other critics assert that RLPA, in effect, provides for a national "conscience clause" for both individuals and entities, allowing them to affirmatively pursue an anti-abortion agenda by forestalling laws or enforcement of laws which assure women's access to reproductive health care. RLPA could be used to challenge state and local laws that protect clinics. Similarly, RLPA would override state and federal law protecting minors' confidentiality, preventing children from receiving important health care services that they have sought, if their parents objected for religious reasons. Because many of the groups who fear that RLPA could perpetuate discrimination throughout the country do still support the basic premise of the bill, that people should be allowed to practice their religion freely without governmental intervention, they are hoping to have the bill amended so that it is something everyone can support. The amendment these groups seek is a civil rights exception, which would state that people can practice their religion freely without government intervention so long as they do not violate any federal, state or local civil rights laws when doing so. Many right wing groups and politicians oppose such an amendment. Some even go so far as to say that they intended for this legislation to be used in order to "correct" the "sins" that are allowed under civil rights laws. In the House, the civil rights exception amendment failed, and the bill went on to pass. The progressive groups are hoping to amend the bill in the Senate, however, it is not likely that the bill problems regarding domestic violence, child abuse and children's access to health care services will be successfully addressed. |
| ACTION NEEDED: | Please send a message to your
Senators, indicating that -
I do not believe that the Religious Liberty Protection Act (RLPA) is meant to ensure the free exercise of individual religious beliefs. It seems apparent that the bill is designed to undermine and negate many of the important civil rights laws that have been passed in recent decades. Adoption of RLPA without provisions that keep in place all civil rights laws and assure their effective enforcement would be a tremendous mistake. |
| TROUBLED TRAFFICKING BILL FAILS TO PROTECT VICTIMS | Congress has been struggling with legislation to counter
a tide of vulnerable women and children brought to this country for purposes
of commercial sexual exploitation. What follows is background information
and a discussion of the problems posed by a bill under consideration.
Sex trafficking, referred to by many as the modern form of slavery, is thought to victimize at least 50,000 women and children every year in the U.S. alone. These women and girls, often as young as 11 years old, are promised good jobs in another country, as waitresses or domestic help. The traffickers provide them with false documentation and transport them far away from home. Once brought to the U.S. or another trafficking destination, these women are then forced by their captors to become prostitutes. Traffickers use a variety of methods, from physical force to tranquilizing drugs, to make these women prostitute themselves. Most often, though, traffickers use powerful threats, telling the victims that if they try to run away their families will be harmed or that U.S. authorities will capture, torture and deport them. The combination keeps these women at the mercy of their captors. The women are often subjected to beatings and even forced abortions. The vast problem of sex trafficking has been brought to the attention of U.S. policy-makers, and actions are moving forward on several fronts. Some members of Congress believe that legislation is necessary, and that the U.S. must impose sanctions upon the countries who are not working to end the trafficking that occurs within their own borders. The Clinton administration, however, is opposed to sanctions and believes that the problem would be better addressed by working with the other countries to devise international solutions. Victims' advocates say that sanctions are necessary in order to put pressure on countries who turn a blind eye to trafficking or actively cooperate with the traffickers. In addition to legislation that would aim to stop trafficking and bring traffickers to justice, victims' advocates are also interested in seeing services provided to the tens of thousands of woman and children who are victims of trafficking. There is still debate, however, on exactly what types of services ought to be provided. Obviously, victims need medical, psychological and emotional care from professional providers. Also being debated is the question of legal residency for victims of trafficking, that is, whether victims should be sent back to their home countries or given the opportunity to become legal immigrants to the U.S. A bill that would punish sex traffickers and forced labor traffickers, the Trafficking Victims Protection Act (H.R. 3244) passed the House on May 9th, and is being revamped in the Senate by Sens. Sam Brownback (R-KS) and Paul Wellstone (D-MN). Each senator had drafted his own bill (S. 2449 and S.2414), respectively) but were advised by the leadership that the House-passed bill would have better chance of getting to a floor vote in the Senate. A serious problem with the House bill (and both of the Senate bills) is a definition in which sex trafficking is combined with labor trafficking and the term "forced" is attached. Advocates for victims of sexual exploitation have opposed the use of the terms forced or coerced, arguing that such a condition will be hard to prove and will make it easy for traffickers to escape prosecution. Defenders of the "forced" trafficking terminology say that a victim will be able to demonstrate that she was recruited through fraudulent means -- again, something hard to prove when there may be no documentation available. Unfortunately, the Clinton administration has been unrelenting in its insistence upon the inclusion of the term "forced" -- the practical effect of which will be that most traffickers will escape prosecution and the victims will be sent back to their home countries to uncertain fates. The forced-based definition undermines both the 1949 Convention for the Suppression of the Traffic in Persons and the Exploitation of the Prostitution of Others (Article 1) and the Convention on the Elimination of All Forms of Discrimination Against Women (Article 6) (CEDAW). Two types of trafficking are specified in the House bill, which acknowledges the distinctions between physical force and economic desperation and would cover all traffickers who lure or force women into prostitution, regardless of whether or not their victims "consent." Some international law analysts see that the two tiers -- "severe" as opposed to consensual trafficking -- would provide another loophole for traffickers. Further, other experts see that only a small proportion -- perhaps no more than 5,000 women and children -- would be eligible for protection and special services in the U.S. Expert analysis of other provisions in H.R. 3244 find confusing, vague and contradictory language. |
| ACTION NEEDED: | Call, fax or send an E-mail message to your
Senators -
I oppose the adoption of legislation in which the term "forced" is applied in defining sex trafficking. Further, I urge you to speak out on behalf of the hundreds of thousands of vulnerable women and children who are victimized through sex trafficking and who deserve to be protected. Strong language which does not allow traffickers to slip through definitional loopholes and will provide maximum protection for victims should be included in any anti-trafficking bill considered by the Senate. |
| SEN. HARKIN, ADVOCATES SPEAK UP FOR EQUAL PAY | On June 6th, just days before the 37th anniversary of the signing of
the Equal Pay Act, the Senate
Health, Education, Labor and Pensions Committee (HELP) held a hearing
on the status of the wage gap and the possible need for further legislation
to address this issue. Sen. Tom
Harkin (D-IA), a member of the HELP Committee, has sponsored the
Fair
Pay Act (S. 702) which would provide more effective remedies for
women who are facing wage discrimination. Sen.
Tom Daschle's (D-SD)Paycheck
Fairness Act (S.74) is a weaker bill that also seeks to close the
gender-based wage gap, though largely through measures that would be voluntary
for private employers.
This problem is multi-faceted and affects women of all socio-economic levels, from workers earning minimum wage to high-powered business executives. Overall, according to a report from the Bureau of Labor Statistics, the median weekly earnings in 1999 of women who worked full time was 76.5% of the median for men who worked full time. In job after job, women in the same positions as men, doing the same work, are earning less money. Further, women working in fields that are dominated by women are also paid considerably lower average wages than men in comparable male-dominated fields Finally, women tend to be concentrated in lower-paying positions, such as secretaries, teachers and nurses. Right-wing politicians would like us all to believe that women are simply more likely to choose a low-wage job, and that pay equity legislation would really be infringing on their choices. But we must ensure that all jobs are open to women, and that the work traditionally performed by women is fully valued and well compensated. Some representatives of conservative think tanks and anti-feminist groups, as well as an attorney who represents companies accused of violating the Equal Pay Act of 1963, gave testimony as well. Anita Hattiangadi of the Employment Policy Foundation attempted to make the case that equal pay legislation would disrupt the natural market forces that set wages and could be dangerous to the economy. However, Senator Harkin pointed out that if Congress considered only traditional market forces when determining legislation, it never would have passed such crucial bills as the Civil Rights Act or the Family and Medical Leave Act. When Hattiangadi continued to assert that supply and demand forces, not sex discrimination, caused women's low wages, Harkin came back with this example: Child care workers, he stated, are in overwhelming demand, and the supply of them is very low. These conditions, he continued, according to market theory, should result in wage hikes for these workers. However, most of them are paid minimum wage or very little more. Market forces are not working for women because gender discrimination is in the way. If anything, Harkin's Fair Pay Act would serve to combat the discrimination and allow the market to function properly! Barbara Berish Brown, the attorney who has represented violators of existing equal pay laws, stated her concern that both the Fair Pay Act and the Paycheck Fairness Act could lead to excessive litigation and an abuse of the system by women who really are not victims of wage discrimination, but seek to sue their boss for some other purpose. Judith Applebaum of the National Women's Law Center explained that in actuality, relatively few law suits for pay inequity are pursued, as many women simply cannot afford hire attorneys and risk their jobs for legal action. While it is difficult to gain advances for women's rights under the hostile Republican-controlled Congress, there is some hope for equal pay legislation passing in a presidential election year. Many moderate Republicans, such as HELP committee Chair Jim Jeffords (R-VT) and committee member Susan Collins (R-ME), both of whom attended the hearing, may lend their support to either the Harkin or Daschle legislation. Advocates for pay equity laws are supported in their position by none other than Federal Reserve Bank Chair Alan Greenspan who told the National Community Reinvestment Coalition in March that "discrimination is bad for business." Greenspan said that "by removing the non-economic distortions that arise as a result of discrimination we can generate higher returns to both human and physical capital." He continued, "Discrimination is against the interests of business. Yet business people often practice it. In the end, the costs are higher, less real output is produced, and the nation's wealth accumulation is slowed." President Clinton has also said that equal pay would be a priority in the waning months of his administration: "When women aren't paid equally, the entire family pays the price." The president noted that the costs extend far beyond one's work life. "If you're making less, you'll get less Social Security. You'll have less to put aside for retirement. The average woman who's about to retire -- if she even gets a pension -- can expect about half the pension benefits of the average man who retires." |
| ACTION NEEDED: | E-mail a quick message the members of your
delegation urging him/her to support the Fair Pay Act (S. 702, H.R.1271).
Women need more than lip service in support of equal pay.
I strongly urge you to pass a pay equity bill this year. Women have been waiting for decades to have a strong equal pay act that will benefit all working women. Such a bill is the Fair Pay Act (S. 702, H.R. 1271), sponsored by Sen. Tom Harkin (D-IA) and Del. Eleanor Holmes Norton (D-DC). This legislation would outlaw discrimination in wages paid to employees within a workplace in equivalent jobs solely on the basis of a worker's sex, race or national origin. Women and their families need to have equal pay so we can build economic security -- particularly as we age. Help close this gap now! |
| MARRIAGE PENALTY TAX RELIEFHELPS SOME, HURTS OTHERS | At the top of the Republican majority's wish list is the
much-touted Marriage
Penalty Tax Relief bill.
A House bill (H.R. 6), approved 268 to 158 on Feb. 10th would boost the standard deduction and expand the lowest tax bracket for all married couples and increase the earned-income tax credit for lower-income couples. Forty-eight Democrats joined with 220 Republicans to pass the measure which is estimated to cost the federal treasury $182 billion over ten years. According to a study last year by the Treasury Department, 24.8 million couples paid a marriage penalty on their estimated 1999 tax returns, or a little less than half of all joint returns filed. The average penalty was $1,141. While nearly half of all couples are disadvantaged by the tax code, 41 percent actually paid lower taxes as a result of being married, enjoying a "marriage bonus" averaging $1,274. These couples generally have only one wage earner in the family, or one spouse earns considerably more than the other. An additional 5.6 million couples, or 11 percent, neither pay a penalty nor receive a bonus. Rather than risk alienating the "bonus" couples by eliminating their tax advantage, Republican leaders chose to shower additional benefits on these taxpayers while also helping the couples suffering under the marriage penalty. Indeed, more than half of the overall benefit of the plan approved by the House would go to "bonus" couples earning more than $75,000 a year, House GOP and Democratic aides agree. In April, Senate Republicans were promoting another $248 billion in tax cuts labeled as marriage penalty relief. Democrats wanted a tax reduction that would have a smaller impact on revenue. In the year 2010, the marriage penalty relief before Congress will cost $40 billion a year. According to the Center on Budget and Policy Priorities it delivers a comparable amount of benefits to those who enjoy marriage bonuses as to those who suffer from marriage penalties. And according to Citizens for Tax Justice, more than two-thirds of this tax bill's benefits would go to the fewer than one-third of couples with incomes of more than $75,000. House GOP leaders said their approach was essential because many of the "bonus" couples include stay-at-home mothers and fathers who are raising their families and should not be denied the benefits of the proposed change in the tax code. Conservative organizations -- including the Christian Coalition and the Family Research Council -- pressed Republicans to broaden their plan to include such couples. Republicans urge changes so that the tax code does not discourage the act of getting married, or encourage divorce. Senator Russ Feingold has said that the marriage penalty in this amount ($1,141) is particularly burdensome for lower-income couples and many young couples that don't have much to spare. For some of these couples, the amount of their taxes could actually affect their decision of whether or not to marry. Several additional efforts by Republicans to bring the bill to the Senate floor have been made, but have failed. If a bill passes with the substantial price tag, it will most likely be vetoed. |
| ACTION NEEDED: | Please advise your
Senators:
I do not favor a Marriage Penalty Tax Relief bill that primarily favors wealthy couples. If legislation can be drafted to benefit lower and moderate income couples while removing any penalty there may be for being married, I would support that. I believe, however, that the proposed bills are too costly and do not appear to be fair in that they primarily advantage upper income earners. |
| CHILD CARE FUNDING INCREASE DESPERATELY NEEDED | There has been movement in the House and Senate Appropriations Committees
to increase child
care funding for fiscal year 2001.. The Senate committee has allotted
the full $817 million increase. The House is considering a $400 million
block grant, however, we are still pushing for the full $817 million.
The Child Care and Development Block Grant (CCDBG) offers essential child care assistance to help low-income working families become and remain independent. Yet, it now reaches fewer than one in ten eligible children. With limited resources, states are severely limiting access to assistance while setting inadequate rates for providers and unreasonably high co-payments for parents. An $817 million increase in the CCDBG would help states to address these policy weaknesses and also allow states to bolster the quality of care children are receiving. In addition, the set-aside for infant and toddler care and research has been deleted from legislation presently being considered. Head Start is the nation's only comprehensive early learning program targeted at our poorest children, and it only reaches about half of all eligible children. It offers young children a high quality early learning experience to help prepare them for school while also ensuring that children are healthy, well-nourished, and have their parents actively involved in their learning. Urge your Congressional delegation to increase funding for Head Start by $1 billion which would allow the program to reach 950,000 children. |
| ACTION NEEDED: | Urge your
Representative to do the following -
Take a strong stand for children in the FY 2001 Labor, Health, and Human Services and Education Appropriations bill by increasing funding for the Child Care and Development Block Grant by $817 million, expanding the investment in Head Start by $1 billion, adding $547 million to the 21st Century Community Learning Centers program for after school activities, and increasing funding for the College Campus-Based Child Care program by $10 million. The set-asides for infant and toddler care research programs should be restored to the appropriations measure. |
| SUPPORT THE MINIMUM WAGE INCREASE | Thousands of working Americans are unable to feed their families, pay
their rent, or afford other basic necessities because workers earning minimum
wage have an annual income of just over $10,000, more than $3,000 below
the poverty line.
Urges your members of Congress to raise the minimum wage by at least one dollar over the next two years, and to reject any proposals that phase in the increase over a greater period of time. Also urge that the federal minimum wage laws be extended to apply to the Mariana Islands, the only U.S. territory where workers are not protected by current minimum wage laws. To sign your chapter or other organization onto a letter from the Coalition for Human Needs and show your support for assisting low income workers who have been left behind in our economic prosperity, contact Patrick Lester at the Coalition on Human Needs at pwlester@chn.org, or at (202) 785-0791 (fax), or (202) 736-5886 (phone). Please include your organization name as it should appear in the letter and your contact information (name, E-mail address, and phone number). A minimum wage increase (H.R.3846) was passed by the House in early March which would raise it by a dollar over two years, but they attached the measure to a package (H.R.3081) of tax cuts for the wealthy and for businesses, which would cost $122 billion over ten years. The measure also has provisions affecting pension coverage and overtime pay that are objectionable and President Clinton has threatened to veto it. Earlier in the year, the Senate passed the so-called Bankruptcy Reform bill (S. 625) which contained the same $1.00 minimum wage increase (but spread over three years) and an $18.4 billion tax break package for businesses. In early April, the Senate adopted (51-48) a non-binding resolution that supported a $1 minimum wage increase over two years. |
| EXTREME RESTRICTIONS PROPOSED BY FDA FOR MIFEPRISTONE | The Food and Drug Administration (FDA)
will be soon approving
mifepristone
(also known as RU-486) for general use in the United States. But
there is no victory for women's rights if the FDA approves this drug with
its planned multitude of restrictions, as mifepristone would be legal,
but virtually inaccessible. This, unfortunately, is precisely what the
FDA announced it would do just days ago when it disclosed talks with Danco
Laboratories -- the company licensed for U.S. manufacture and distribution.
The requirements sound like they were written by abortion rights opponents.
In addition to making mifepristone difficult to utilize, the proposed FDA restrictions would also endanger the privacy and safety of doctors who offer this drug and women who choose to use it. One proposal would require a national registry of all doctors who prescribe the drug, thus leaving these doctors open to the life-threatening, anti-abortion terrorism that currently plagues health care professionals who offer surgical abortions. Another restriction would require doctors who want to offer the drug to maintain admitting privileges at a hospital within one hour of their offices and to conduct a costly follow-up study of women who use the drug. These restrictions are unnecessary considering the overwhelming safety of mifepristone, as determined four years ago by the FDA, and would simply serve to limit the number of doctors who could offer the drug. In addition, only doctors trained in surgical abortion would be allowed to prescribe mifepristone. This is perhaps the most harmful of all the restrictions, as it would greatly limit the number of doctors able to offer the drug. This type of restriction is never imposed on other medical procedures or drugs, and is being imposed in this case due solely to the politically charged nature of abortion. "Midwives deliver babies, but they don't do Caesarean sections--they refer to someone trained to do them. Why must a doctor providing mifepristone know how to perform a surgical abortion?" said Paul Blumenthal, medical director of Planned Parenthood of Maryland. Suppliers of the drug report that it has so far been used by 600,000 women worldwide, primarily in Europe, with very few harmful side effects. Mifepristone is designed for women in the first 49 days of pregnancy. It causes an abortion by making it difficult for a fertilized egg to attach to the uterus. The FDA has not made its final ruling on the future of mifepristone, and there is still time for reproductive rights advocates to push for a ruling that would make the drug not only legal, but easily accessible to all women who desire to use it. |
| ACTION NEEDED: | Contact the FDA and urge them to approve mifepristone without excessive
restrictions; address your letter to Dr. Jane Henney, Commissioner, Food
and Drug Administration, HFI-40, Rockville, MD 20857; or fax to 301-443-3100.
Please send a copy of your message to members of your congressional delegation
and to Jan Erickson at the NOW Action Center:
I oppose the extreme limitations being placed on the drug, mifepristone, and believe that they are excessive and unnecessary. Mifepristone is one of the safest and most effective drugs that the Food and Drug Administration (FDA) has ever reviewed and the multitude of conditions being imposed on its usage are without basis. Some of the restrictions that the FDA is planning clearly threaten the safety of health care professionals and must be eliminated -- particular, the registry that would list all doctors who prescribe mifepristone. Please respect the needs of women to have access to this important drug and approve mifepristone for general use -- without the excessive limitations that have been proposed. |
| HOW DO PRESIDENTIAL CANDIDATES MEASURE UP ON ABORTION RIGHTS? | To see a report on this issue by the National Abortion and Reproductive Rights Action League, The Powers of the President: Reproductive Freedom and Choice, go to http://www.naral.org. |
| PATIENT'S BILL OF RIGHTS TABLED IN THE SENATE | Allies attempted to force a floor vote on the Patients' Bill of
Rights in the Senate on June 8th by offering the House-approved Bipartisan
Consensus Health Care Improvement Act as an amendment to the Defense Department
appropriations bill. After two hours of debate, a motion to table the amendment
(which passed 51-48) stopped the effort dead in its tracks. Republican
Sens. Chafee (RI), Specter
(PA), McCain (AZ) and Fitzgerald (IL) voted nay, along with all Democrats present.
Managed care reform legislation has been sitting in the hands of congressional conferees, who have been unable to resolve serious differences between the two bills. The House bill (Norwood-Dingell), though not perfect, does go a long way toward protecting patients' rights. In three main areas--scope, medical necessity, and liability--it far surpasses the (Republican) Senate bill in ensuring that patients receive adequate care. The Senate bill would only apply to 48 million patients, those who have private employment-based plans where the employer "self-insures," leaving out over 100 million Americans. While the House bill is not entirely inclusive, it does cover an additional 76 million Americans who have different types of health insurance. With regard to the "medical necessity" of any particular type of treatment, the House bill allows doctors to determine what is medically necessary for patients. The Senate bill lacks this common sense provision, and instead allows HMOs to define "medical necessity". In terms of liability, or holding managed care providers responsible when they fail to provide quality health care, the House bill allows patients to sue their HMO's. The Senate bill does not include this very important provision. The issue of accountability is one of the most controversial in the Patients' Bill of Rights, and will require the hardest fight on our part. Right wing opponents in the pocket of the managed care lobby clamor that the Norwood-Dingell bill would expose employers to frivolous lawsuits. Actually the only way an employer can be sued under this bill is if an employer decides to weigh in on a particular decision regarding the medical necessity of a specific treatment for a specific patient. Obviously, it would be extremely rare for an employer to do this. Typically, employers only determine what types of coverage and benefits to offer their employees, and thus they could not be sued under this legislation. The bill simply provides justice by allowing patients to seek redress when their managed care companies act irresponsibly and cause harm to patients. The House bill ensures continuity in care givers, broader options in seeing specialists, coverage for emergency care, freedom in prescriptions and clinical trials, and, of particular importance to women, direct access to ob-gyn services. The Senate bill does not include any of these provisions. The quality of health services many Americans receive is mediocre at best, and in many cases dismal. According to a Harvard University survey, 74 percent of the public believe that managed care is not improving; and 40 percent believe it is getting worse. Three quarters of those polled support a federal Patient's Bill of Rights, one that guarantees real reform, including the right to sue your HMO. |
| ACTIONS NEEDED: | Please send a message to members of your
congressional delegation -
I urge you to communicate with the conferees on the managed care bills that it is important to retain the important provisions in the Norwood-Dingell bill that insure greater coverage, the right of doctors to determine medical necessity and the right of patients to sue their managed care providers. |
| FATHERHOOD GRANT PROGRAM PUSHED IN CHILD SUPPORT BILL | The Fathers
Count Act (H.R. 3073) that passed the House of Representatives
last November -- but has not moved forward in the Senate -- has been resurrected
in the Child
Support Distribution Act of 2000, (H.R. 4469) as sponsored
by Rep. Nancy Johnson (R-
CT). A hearing was held on May 18th in the House
Ways and Means Human Resource Committee, which Rep. Johnson chairs;
it is expected to move out of the subcommittee soon, with a final mark-up
completed by the July 4th recess. Backers of the legislation
are looking for the $155 million needed to fund the programs and expect
that H.R.
3824 will go to floor in early July.
Title V of the new bill is nearly identical to the Fathers Count Act in that it would establish grant programs funded with $140 million to provide counseling to poor non-custodial fathers, with a special emphasis on promoting marriage. Another $15 million would be set aside for media campaigns and a national clearinghouse on fatherhood information. NOW believes that the legislation has been crafted specifically to underwrite so-called fathers' rights or men's custody groups and to fund such misogynistic organizations as Wade Horn's National Fatherhood Initiative. Under the bill, a highly politicized panel of "experts" on fatherhood programs, members of Congress and the administration would determine which applicants get the grants. There is also a charitable choice provision so that religious organizations would be eligible to receive grants. H.R. 4469 has a few modest improvements in the child support section that would facilitate custodial parents' receipt of past due child support payments that would have otherwise gone to state and federal governments to repay welfare benefits. There is a forgiveness feature for fathers who are behind in their payments: states may erase past due child support amounts if the father becomes current in his monthly payments or lives with the children. This latter provision could be stimulus for the non-custodial parent to seek legal custody; it could also put women and children at risk where family violence has been a factor. Further, there is a dangerous stealth provision in the bill that would allow private collection companies to enter contractual arrangements with state agencies to collect child support payments. This move towards privatization, as NOW underscored in a statement released at the time of the hearing, is truly a bad idea. Private collection firms are virtually unregulated and would have access to all the information in the New Hire and Federal Parent Locator computers, the child support agencies across the nation, financial institutions, the IRS, and in the credit bureaus. According to an analysis done by ACES - the Association for Children for Enforcement of Support, Inc., the legislation also includes provisions to allow private companies to have unlimited access to private financial information and to freely report unverifiable financial data to credit bureaus, the IRS, and financial institutions. Defenders of this provision say that each state would have to pass laws to allow private companies to collect child support monies (only a few now have such laws), but private collectors could utilize the Internet and other electronic databases and have access to anyone's private, confidential financial information. Above and beyond the threat to individual privacy for both custodial and non-custodial parents, privatization of the child support collection system would be disastrous for poor parents who can ill afford to lose 30 to 40% of payments as part of the collectors' fees. Abuse by private collection firms in states where this is allowed has been documented; some parents have paid hefty fees to collectors and never received any past due child support payments. In a meeting with key committee staff member Ron Haskins (who is also credited as the "father of welfare reform"), NOW and NOW Legal Defense and Education Fund and several other representatives from organizations that are part of the Parents and Families Coalition asked that language be added to better protect women from domestic violence and that the marriage promotion aspect be deleted. A small improvement was made in that fatherhood programs are encouraged to develop working relationships with domestic violence programs or coalitions. NOW also opposed privatized child support collection, but were told that the marriage promotion and privatization were "non-negotiable." Incredible as it may seem, right wing think tanks and conservative political religious groups are proposing for the next generation of welfare reform policies that low income single or divorced women with children should just get married, then federal funding for welfare would be reduced to zero within a few years. They have begun a campaign blaming divorced and single-headed households for causing poverty, crime and a variety of other social ills. Divorce is identified as a leading cause of poverty, according to articles that appear on their websites. |
| ACTION NEEDED: | As soon as possible, send your
Representative a message with the following information -
While I support fathers' willingness and ability to pay child support for their children, I do not believe that this bill (H.R. 4469) adequately provides for cooperative parenting between the custodial and non-custodial parents. A better approach is for these programs to provide services tailored for both custodial and non-custodial parents - not just fathers. Experience has shown that both parents need assistance and have common interests that should be recognized in any taxpayer-supported programs. |
| PRESIDENTIAL CANDIDATES PROMOTE FATHERHOOD PROGRAMS | At the National Fatherhood Initiative Summit in Washington, D.C., on
June 2nd, Vice President Al Gore advanced his own fatherhood agenda, saying
that national policy needs to pay more attention to fathers and promising
to help "dead broke" dads find employment so that they can pay child support.
Gore proposed establishing "Responsibility Accounts" by which states would be encouraged to pass $50 of child support payment directly to families (rather than reimbursing the government for welfare expenditures) and letting the balance of the support payments collect in the accounts to be paid to the family when the mother leaves welfare. The plan would cost $2.9 billion over ten years. Also, the vice president would urge credit card companies to deny credit to any parent who owes a substantial amount of child support. Gore, a long time supporter of fatherhood initiatives, said that he would require that all such federally-funded programs have provisions to prevent domestic violence. George W. Bush spoke to the same gathering in a taped speech summarizing the activities of fatherhood programs in Texas. The fathers' rights summit featured many of the same folks who promote a false notion that "fatherlessness" causes a variety of social ills, from children's poor school performance to increased school drop out rates, depression, adolescent suicide, teen pregnancy and others. Several of their spokespersons have written such nonsense as "marriage prevents domestic violence." These same leaders have been responsible for developing methods to assist abusive ex-spouses in gaining custody through a variety of means including the use of biased expert witness testimony, excessive litigation and courtroom tactics which frequently deny custodial mothers' due process rights. Their power has grown as part of a backlash against tougher child support enforcement by state and federal governments. Earlier that week in New York, a very different group, the International Fatherhood Conference 2000, Fathers, Families and Communities -- as sponsored by the National Center for Strategic Non-profit Planning and Community Leadership (NPCL) -- met to review their programs and practices. The NPCL focuses primarily on very poor, non-custodial fathers through a series of small, community-based programs called Partners for Fragile Families Demonstration Project. The vast majority of their clients are young men of color, primarily African American. It was clear from the discussion, that the practitioners do not believe that their clients are not ready for marriage. Some 60-70% have had encounters with criminal justice system (aside from the problems of non-payment of child support), most have dropped out of high school, and are under-skilled and underemployed and have less than $10,000 annual income. Many have substantial amounts of past due child support obligations and have little hope of being able to soon pay off these debts. It was noted in both a plenary session and workshop discussions that the mothers of the children by the non-custodial fathers in these programs say that they do not want to marry the fathers. They say that he has behavioral or mental problems or that does not earn enough money to support a family. Several of the practitioners are opposed to promoting marriage with their clients, saying that it was first necessary to work with the young men to help them become "more marriageable." NOW and NOW/LDEF participated in several panel discussions, including one entitled Common Ground: A Dialogue Between Practitioners and Women's Rights Activists. Legislation that is before Congress was discussed, with the point stressed that insufficient attention is paid in this bill (H.R. 4469) to problems of domestic violence. Additionally, there is a need to structure programs to meet the needs of both custodial mothers and non-custodial fathers -- which H.R. 4469 does not do. Several of the fatherhood practitioners agreed about the importance of custodial mother involvement. Meeting the needs of very poor, unskilled and under/unemployment fathers -- as well as those of poor mothers -- is critically important. Unfortunately, our current political leadership cares little about solving this decades old problem, except to provide lip service and offer lop-sided legislation. |
| NEW RESOURCE KIT ON DOMESTIC VIOLENCE, CHILD CUSTODY AVAILABLE | A new legal resource kit, entitled Domestic Violence and Child Custody,
is available from NOW Legal Defense and
Education Fund. It has been prepared to assist battered women and their
advocates with child custody matters where domestic violence is an issue.
Often courts, judges and attorneys lack an understanding of the complex
dynamics of domestic violence and inadvertently jeopardize the safety of
women and children by providing abusers easy access to their victims through
custody and visitation. Additionally, women who try to protect themselves
and their children by seeking sole custody or modifications in custody
arrangements or who flee with their children are often penalized by having
custody taken away an given to their batterers.
You can order the kit by calling NOW Legal Defense and Education Fund at (212) 925-6635, faxing your order to 212-226-1066 or writing them at NOW/LDEF, 395 Hudson St. New York, NY 10014. There is a $5 fee for handling and postage. |
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. 101. To receive free copies of any bill, call your U.S. Senator or Representative at (202) 224-3121 or connect to thomas.loc.gov This Update is mailed monthly to the NOW leadership. Any NOW member can receive a copy by mail for $25 per year; or you can read it at http://www.now.org/issues/legislat/. Join our Action Alert E-mail network.
NOW Home Page / Join NOW / Catalog / Search / Send mail to NOW