NOW Legislative Update

June 9, 1995


Note: This is an abbreviated update. Please refer to March's Update for a list of bills we are tracking.

Items with significant changes and action needed

Welfare Reform:

Final action on the Personal Responsibility Act (H.R. 4) occurred in the House on March 24 when the bill passed (with minor changes), by a vote of 234-199. The Senate bill passed out of the Senate Finance Committee, on May 26, 1995, by a vote of 12 to 8, with Senator Max Baucus (D-MT) as the only Democrat to vote with the Republicans. It will be introduced on the floor for debate and further amendments as early as June 13, with a possibility of starting debate the following week.

Both of these bills eliminate the AFDC program and several related welfare programs and substitute a block grant to the states to run their own welfare programs, with varying requirements on the states for the use of the money. Individual entitlement to welfare and related programs will be eliminated; states will have wide discretion to run their own eligibility program, setting the stage for 50 different experiments in welfare reform. Funding for these block grants is capped at FY 94 levels for 5 years, with little flexibility for local changes in need or an increase in local unemployment rates. While the House bill attempts to reform a wide variety of welfare programs, the Senate bill has separated out many of these programs to various committees; yet the final floor bill is thought to be a combination of bills like the House version (AFDC, other welfare and day care, food stamps and nutrition programs, etc.).

A Comparison of the House and Senate Bills:

House: Personal Responsibility Act of 1995  
Senate: Family Self Sufficiency Act of 1995

House: AFDC replaced with the Temporary Family Assistance Block Grant. 
Senate: AFDC replaced with the Temporary Family Assistance Block Grant. 

House: FUNDING:
*Federal share is frozen for 5 years at the FY 94 spending levels.
*"Rainy Day" emergency loans of $1 billion can be granted; they must be paid back in 
3 years with interest, and are granted only if state unemployment is above 6.5% and 
exceeds the unemployment level of one of the past two years by 10%. 
Senate: FUNDING:
*Federal share is frozen for 5 years at the FY 94 spending levels.
*"Rainy Day" emergency loans are granted, but they may not exceed 10% of the FY 
grant to the state and must be paid back in 3 years, with interest. 

House: WORK REQUIREMENTS:
(% of recipients who must participate in a work activity in order for the state to 
be in compliance with the program.)
*Requirements are 10% participation in FY 96, increasing to 50% in FY 2003.
*Education can be considered work, but it must be combined with at least 20 hours of 
work activity per week by an individual under the age of 20. 
*Requirements for two parent families would be increased by 50% in FY 96 and 90% in 
FY 98. 
*Work activities are defined as: unsubsidized employment; subsidized private and 
public sector employment; public work experience, including refurbishing public 
housing; job training; job searches; education related to employment; education 
related to getting GED if the recipient is under 20 and not yet received a high 
school diploma; secondary education. 

Note: No new funding to meet these increases in work requirements, including child 
care. This applies to the Senate bill as well.
Senate: WORK REQUIREMENTS:
(% of recipients who must participate in a work activity in order for the state to 
be in compliance with the program.)
*After two years (earlier at state option) of assistance, adults must participate in 
work activities.  There is some elaboration of work requirements in the Senate bill, 
although it is not as detailed as the House bill. 
*By FY 96 20% of recipients must participate in work activities, by FY 2001 50% must 
participate in work activities. 
*The individual participant must engage in at least 20 hours of work activities per 
week, otherwise assistance will be reduced by 20%.
*By FY 60% of recipients who are two parent families must participate in some work 
activity, and by FY 99 90% of recipients in two parent families must participate.
*At least one parent must participate in work activities for at least 30 hours per 
week, otherwise assistance will be reduced by an unspecified amount. 
*There is not a separate detailed definition of work activities in the Senate bill.  
Work activities are modeled on the current JOBS program.

Note: The Congressional Budget Office (CBO) presented testimony at the Finance 
Committee mark-up that to meet work requirements, States would have to spend up to 
60-70% of their block grant money on child care and training.  It was their belief 
that States would instead take the 25% penalty from the block grant, the maximum 
amount imposed if a state does not comply with the work requirements. 

House: INDIVIDUAL EXCLUSIONS:
*No cash assistance will be granted to:
      *A child born out of wedlock to a mother under the age of 18, except if the 
child is a result of rape or incest.
      *A child born to a current welfare recipient (i.e., while a brother or sister 
is receving benefits), except if the child is a result of rape or incest.
*If paternity is not established by the mother of a child who is receiving welfare 
benefits, then there is a reduction of $50 per child or 15% of the family grant 
until paternity is established. 
Senate: INDIVIDUAL EXCLUSIONS:
*There are no exclusions listed for children born out of wedlock or while the 
parents are receiving welfare; however, some Senators have threatened to reintroduce 
this on the floor. 
*All recipients must establish paternity.  If paternity is not established for 100% 
of the recipients in the state, then the state may be penalized up to 5% of its 
block grant until the compliance rates are met. 

House: LEGAL IMMIGRANTS:
*No cash assistance is given to resident aliens, except if they are refugees, legal 
immigrants over 75 living in the US for at least 5 years, veterans honorably 
discharged, or disabled permanent residents. 
Senate: LEGAL IMMIGRANTS:
*Similar restrictions on receipt of benefits to resident aliens. 

House: TIME LIMITS:
*60 month (5 years) lifetime mandatory cap. There is a hardship exception for 10% of 
the caseload. 
Senate: TIME LIMITS:
*60 month lifetime mandatory cap (earlier at the state option). There is a 15% 
hardship exception. 

House: CHILD CARE:
*Eliminates child care guarantee. 
*Creates transitional child care (i.e. no longer an entitlement).  Previously child 
care was provided to working mothers with children under the age of 6. 
Senate: CHILD CARE:
*Child Care programs are collapsed into one discretionary block grant, the Child 
Care Development Block Grant. 
*Entitlement to child care is eliminated except for one condition. Work activity 
participants must be provided with child care by the state if they have a child 
under the age of 6.

House: CHILD WELFARE:
*The Child Care Block Grant will replace 23 federal programs covering foster care, 
adoption assistance, and child abuse prevention and treatment.  The block grant will 
be capped at 1994 spending levels.  
Senate: CHILD WELFARE:
*Child welfare programs will remain unchanged from current law in the Senate. This 
means the entitlement to child welfare programs is preserved in the Senate bill 
(thus far). 

House: ILLEGITIMACY RATIO:
(Calculated by adding out of wedlock births and the increase in the number of 
abortions and dividing that by the number of total births in the state.)
*A 5% bonus is awarded to states that reduce out of wedlock births by 1%.  A 10% 
bonus is awarded to states for a reduction by 2%. 
*One way that a state could conceivably improve their illegitimacy ratio is to 
decrease the number of abortions that are performed in the state, by making them 
more difficult to obtain.  The state would then be eligible for an increase in 
funds, without addressing the issue of teenage pregnancy. 
Senate: ILLEGITIMACY RATIO:
*Not in the version of the bill reported out of the Finance Committee.  The general 
language of reducing the number of illegitimate births, however, is in the bill. 
*Some Senators have mentioned that they will introduce this as an amendment once the 
bill is introduced on the floor. 

House: MEDICAL:
*No funds can be utilized from the block grant to provide medical services. A debate 
between Rep. Hyde (R-IL) and Rep. Greenwood (R-PA) made clear that this amendment, 
which was introduced by Rep. Hyde, applies only to abortion services. 
*The current medical assistance and Medicaid programs will remain federal programs 
and will be handled at a later date by Congress.  It is uncertain what the coverage 
will be and specifically whether children and families, who are cut off of welfare 
will continue to receive these benefits. 
Senate: MEDICAL:
*No funds can be utilized from the block grant for medical services.  It is 
uncertain at this point whether this includes family planning and abortion services.  
(The Finance Committee staff has indicated that this ban is not intended to include 
family planning and abortion services, although we suspect both will be affected.)
*The current medical assistance and Medicaid programs will remain federal programs 
and will be handled by Congress at a later date.  

House: CHILD SUPPORT:
*After paternity is established, the state will set up a program, probably using 
existing databases, to collect child support. 
Senate: CHILD SUPPORT:
*After paternity is established, the state will set up a program, probably using 
existing data bases, to collect child support. 
*The drivers licenses of delinquent supporters can be revoked. 

House: FOOD STAMPS:    
*There is an allocation cap to the individual states, which ignores demand.  This 
cap is based upon the previous spending of the state. 
*There is a work requirement for individuals who do not have dependents. 
*Legal immigrants not eligible.       
Senate: FOOD STAMPS:
*This is not handled in the Senate bill.  Current wisdom is that changes in Food 
Stamp and nutrition programs will be included in the final bill when it comes to the 
floor. 

House: SOCIAL SECURITY INCOME:
*Addiction to drugs or alcohol is no longer considered a disability and individuals 
may no longer receive treatment and benefits for these addictions. 
Senate: SOCIAL SECURITY INCOME:
*Addiction to drugs or alcohol is no longer considered a disability and those 
individuals may no longer receive benefits.
*The Individual Functional Assessment (IFA) of whether individuals are qualified to 
receive benefits because of their disability is abolished. 
*The individual must fit into more restrictive definitions of disabilities which are 
covered in order to receive benefits. 
*The maladaptive behavior definition of a disability is abolished.      

House: PENALTIES FOR THE STATE:
*The bill lists specific penalties for the state, which are a reduction in the 
amount of the block grant, if the state does not provide certain services or fails 
to meet quotas or work participant rates.  At most these penalties can amount to 25% 
of the block grant. 
Senate: PENALTIES FOR THE STATE:
*The bill lists specific penalties for the state, which are a reduction in the 
amount of the block grant, if the state does not provide certain services or fails 
to meet quotas or work participants.  At most these penalties can amount to 25% of 
the block grant. 

ACTION NEEDED : The Senate is expected to take up the welfare bill as early as June 13 or the following week, June 19-23. All Senators need to be urged to oppose the bill; it is too fundamentally flawed to be repaired. It is also now time to call President Clinton and ask him to veto the welfare bill that will hurt poor women and children. Senators can be reached through 202-224-3121 and President Clinton can be reached at 202-456-1111 and at president@whitehouse.gov.


Foster Nomination:

On May 26, the Senate Labor and Human Resources committee voted 9-7 to favorably recommend Dr. Foster's nomination to the floor. Senator Bill Frist (R-TN) joined Senator Jim Jeffords (R-VT) and all the Democrats in supporting the nomination.

The next hurdle is bringing the nomination to the Senate floor for a vote. Majority Leader Bob Dole's threat not to bring the nomination to the floor is still hanging out there, although he has now stated he wants to meet with Dr. Foster before a final decision. Senator Nancy Kassebaum, Senator Judd Gregg, and Senator Slade Gorton, all members of the Labor and Human Resources committee who voted against the nomination, have stated that Foster deserves a vote on the Senate floor. Their voices join many of the Democrats who want a vote on the nomination and some (such as Senators Barbara Boxer, Christopher Dodd and Minority Leader Tom Daschle) have threatened to hold up other legislation if a vote is not scheduled. Another obstacle is Senator Phil Gramm's filibuster threat, which requires 60 votes to overcome. Dole recently stated that he believes there are enough votes for the nomination to pass on a straight up or down vote; therefore, the critical vote to overcome is the filibuster.

ACTION NEEDED : The floor vote, if Dole retreats on his threat, should happen during June. The message to Senators now is support the nomination and vote for cloture to end any filibuster. This is the last push, so make those calls to your Senators (even if you've already done so). You can reach your Senators through the Capitol switchboard at 202-224-3121.

*** For more information on Dr. Foster, the groups that support him, and up-to-date information on the nomination, Planned Parenthood and People for the American Way have established a home page on the Internet. The site address is: http://www.igc.apc.org/foster_action/.


Abortion and Family Planning:

Appropriations:

The House Republicans have wasted no time in restoring abortion and family planning restrictions from previous years. In May, the House International Relations Committee succeeded in defeating an amendment by Rep. Chris Smith (R-NJ) which would reinstate the "Mexico City" policy from the Reagan/Bush years. The amendment prohibits any program or organization which receive U. S. aid from performing abortions, even if they use non-U.S. funds to do so. It also prevents those same groups from using U.S. aid funds to lobby or advocate foreign governments to change their abortion laws or policies. Furthermore, U.S. funding of the UNFPA (United Nations Fund for Population Assistance) is prohibited while the UNFPA participates in China. This is due to China's restrictive one child policy.

The Smith amendment was defeated in committee by a vote of 21-18. However, when the House began floor debate on the bill, the Smith amendment was added back onto the bill by a vote of 240-181. The entire bill passed on June 8. The focus now shifts to the Senate where Senator Jesse Helms chairs the Foreign Relations Committee. President Clinton has already stated his intention to veto the Foreign Aid/State Department Reauthorization bill as it currently stands.

ACTION NEEDED : The Senate Foreign Relations Committee may have already held its mark up by the time you receive this alert; therefore the target for this issue is the full Senate. Ask your Senator to oppose language such as the House Smith amendment which reinstitutes the old "Mexico City" policy.

Starting June 14, the House will be debating the Department of Defense Authorization bill. In committee, Rep. Bob Dornan (R-CA) added an amendment to prohibit any woman from receiving an abortion at a military hospital, even if she pays for the procedure with her own funds. This means a woman would have to use local hospitals (regardless of whether they have appropriate facilities) or fly back to the U.S. for the procedure (assuming that she could obtain leave to do so). This amendment directly overturns a Clinton Executive Order signed two days after he took office which lifted this onerous restriction for female military personnel and dependents living on bases overseas.

ACTION NEEDED: The House will probably have acted on this bill by the time you receive this alert. The Senate Armed Services Committee will be the next body to deal with this issue. If your Senator is on the Committee, ask him/her to oppose language such as the House Dornan amendment which jeopardizes female military personnel or dependents stationed overseas when they are seeking abortion services.

Senate Armed Services Committee:
Republicans: Strom Thurmond, SC, Chair; John Warner, VA; William Cohen, ME; John McCain, AZ; Trent Lott, MS; Dan Coats, IN; Robert Smith, NH; Dirk Kempthorne, ID; Kay Bailey Hutchison, TX; James Inhofe, OK; Rick Santorum, PA.

Democrats: Sam Nunn, GA, Ranking Member; J. James Exon, NE; Carl Levin, MI; Edward Kennedy, MA; Jeff Bingaman, NM; John Glenn, OH; Robert Byrd, WV; Charles Robb, VA; Joseph Lieberman, CT; Richard Bryan, NV.

Hearings:

Next week the House will also hold hearings on abortion related issues. On June 14, Rep. Peter Hoekstra (R-MI), chair of the Oversight and Investigations Subcommittee of the Education and Economic Opportunities Committee is holding a hearing on accreditation of post-graduate education programs. The hearing will focus on the ACGME's decision to require ob/gyn resident programs to require training in abortion techniques in order for programs to receive certification. As many of you may remember, this issue came up in the Senate but no action as of yet has occurred in that body. This is the first action in the House.

On June 15, Rep. Charles Canady (R-FL) will hold a hearing on the Christian Coalition's "Contract with the American Family" provision to outlaw the D & X procedure and restrict third trimester abortions in his Constitution Subcommittee of the Judiciary Committee. There may also be a bill by the time the hearing occurs.


Lesbian, Gay and Bisexual Rights:

Lesbian, gay and bisexual rights are under severe attack in both the House and the Senate. In the House, Rep. Bob Dornan (R-CA) has introduced a bill, HR 862, that would prohibit the use of federal funds to "promote, condone, accept or celebrate homosexuality, lesbianism, or bisexuality." If successful, the implications of this bill are extremely egregious, especially its disregard for the First Amendment. For example, the Library of Congress and all schools receiving federal funds would be prohibited from purchasing books that mention homosexuality in a positive light, and all Federal diversity training programs would be in violation of Federal law if they discussed homosexuality.

Dornan's Bill was referred to the House Committee on Government Reform and Oversight, and subsequently referred to the subcommittee on Human Resources and Intergovernmental Affairs, which is chaired by Rep. Chris Shays (R-CT). No hearings have been scheduled in that subcommittee concerning this legislation, but on June 22, Rep. Dornan is scheduled to testify at hearings by another subcommittee --Civil Service -- on AIDS Education and Diversity Training Programs. We are very concerned because Dornan made his intentions quite clear with the statement, "Diversity is a code word for homosexuality. Period." In the Senate, Sen. Jesse Helms (R-NC) has introduced similar legislation.

In addition, the appropriations process has already started and we should expect anti-lesbian and gay amendments, such as the Dornan/Helms bills, to be attached to appropriations bills. Vigilant opposition is crucial, for the battle will have to be fought a number of times rather than just once.

ACTION NEEDED :

Contact members of the Civil Service Subcommittee and tell them we are concerned about Dornan's testimony in light of his draconian bill. Lesbian and gay bashing has no place in congressional hearings:

Republicans: John Mica, FL, Chair; Charles Bass, NH; Benjamin Gilman, NY; Dan Burton, IN; Connie Morella, MD

Democrats: Jim Moran, VA, Ranking Member; Frank Mascara, PA

Independents: Bernard Sanders, VT


Affirmative Action:

Affirmative action programs are under attack by the Republicans and some Democrats. President Clinton has called for a review of all federal affirmative action programs. The House held hearings on affirmative action policies in the workplace in the Employer-Employee Relations Subcommittee of the Economic and Education Opportunities Committee on March 24 and in the Constitution Subcommittee of the Judiciary Committee on April 3 and May 2. Again, no specific legislation was pending in either hearing, but the general discussion, particularly by the Republicans, was about ending affirmative action. Furthermore, legislative actions are occurring outside of the hearing process. Senator Jesse Helms (R-NC) has introduced a bill, S. 497, which eliminates affirmative action programs in public employment, public contracting and federal benefits and Senator Phil Gramm (R-TX) has threatened to put amendments on appropriations bills to undermine affirmative action programs. On the House side, Rep. Charles Canady (R-FL) has circulated a "Dear Colleague" letter announcing his intention to introduce legislation similar to Senator Helms' bill in June.

NOW has participated in lobbying and activities with the Leadership Conference on Civil Rights, met in early March with George Stephanopoulous and Harold Ickes (with an appearance by the President and Vice President), sent letters to targeted House and Senate members and joined other women's organizations in a march and demonstration at the White House (Women United for Equality). The leaders of these groups then met with White House officials, asking them not to weaken affirmative action.

ACTION NEEDED: Write your members of Congress and President Clinton; tell them not to bar or repeal affirmative action programs. The White House address is 1600 Pennsylvania Ave., Washington, DC 20500.


Packwood:

The Senate Ethics Committee finally released its preliminary report on the Packwood investigation, citing substantial credible evidence that Senator Packwood committed acts of sexual misconduct, tampered with evidence and misused his political office for personal gain. Senator Packwood is scheduled to meet with the committee about the charges in a private session on June 27.

What is at issue is whether there will be public hearings on these allegations. It appears that Packwood can choose whether to have public or private hearings; yet the Ethics Committee has the authority to call for public hearings on its own, as it did in its investigation of the "Keating Five" in the early 90's.

ACTION NEEDED : Basically, this is the same message we've been directing to the Senate Ethics Committee since the beginning: hold public hearings. Members of the Ethics Committee are: Mitch McConnell, R- KY, Chair; Robert Smith, R-NH; Larry Craig, R-ID; Richard Bryan, D-NV, Vice Chair; Barbara Mikulski, D-MD; Byron Dorgan, D-ND.


This legislative update was compiled by the Government Relations/Public Policy Team at the National NOW Office.

For copies of any of the above bills, connect to Thomas or call your Senator or Representative at (202) 225-3121 who will send you copies free of charge. This update is mailed monthly to NOW leadershipand is available on the Internet. The address of NOW's home page is http://now.org/now/ . Any member can get the update for a yearly charge of $25.


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