LEGISLATIVE UPDATE

October 7, 1998

 

REPRODUCTIVE RIGHTS


 
 
 
* Parental Consent for Teens' Contraceptive Use - A Close Vote  At any time this week, the House will vote on a rule that will determine whether a teens' confidential access to contraception provision remains in the Labor, Health and Human Services and Education fiscal year '99 Appropriations bill. Denial of confidential access may mean that thousands of teen-agers will avoid seeking proper reproductive health care services. Each year, almost a million adolescents become pregnant; eight out of ten are unplanned pregnancies. Adolescents seeking care for sexually transmitted diseases (STDs) and HIV-AIDS care may be deterred as well. Not all teens can involve their parents in such matters and no federal law will bring about healthy family communications -- a fact lost on family planning opponents in Congress. 
 

The restriction is being promoted by Rep. Ernest Istook (R-OK), Donald Manzullo (R-IL) and James Barcia (D-MI) and would mandate parental consent or a five day waiting period before adolescents can receive contraceptive services at federally-supported Title X clinics. Rep. Tom Coburn (R-OK) is reportedly interested in offering a similar amendment. 
 

Because a procedural vote affecting this odious restriction will be extremely close, timely communications from activists to House members may make an important difference. Reps. Jim Greenwood (R-PA) and Michael Castle (R-DE) will attempt to offer substitute language which encourages the involvement of parents, but would not deny services without the notification or waiting period. The procedural move may not allow the Greenwood-Castle substitute to be offered and thus anti-family planning House members can hide their true position on the question. 

ACTION NEEDED:

 Please call your House member today and urge him or her to vote against a 'second-degree amendment' to be offered by anti-family planning members Istook, Manzullo and Barcia or Coburn. Urge the member to support the Greenwood-Castle substitute and if the restrictive provision remains in the final version, to please vote 'No' on final passage of the Labor, HHS spending measure. 
* Contraceptive Coverage in Federal Employees Health Plans - A Possible Win  A potential gain for reproductive rights supporters is a provision in the $13.4 billion Treasury/Postal FY 99 Appropriations bill which would require that the Federal Employees Health Benefits Plans (FEHBP) offer coverage for five Food and Drug Administration-approved prescription contraceptive medications and devices -- if the plans offer coverage for other prescription medications. Last week, a final vote on the spending bill was prevented by anti-family planning Republicans who want the provision removed and by Democrats for an unrelated reason. Dems refused to approve because of a provision targeting for removal Federal Elections Commission employees who have pursued investigations of Republican party fund-raising practices. A disagreement over the status of  Haitian refugees is another complication. 

Further discussions have broken down and, as of early October, it is looking more and more like the Treasury/Postal Appropriations bill will be rolled into a massive omnibus appropriations bill to be taken up as one of the 105th Congress's last acts. 
 

The stalemate caps a long series of fights over the contraceptive coverage language in which anti-family planning members of the House have become more strident in their rhetoric against contraception. Various representatives have equated intra-uterine devices (IUDs) and birth control pills with abortifacients. Eight members of the Senate sent a "Dear Colleague" letter claiming IUD and the birth control pill are a form of abortion -- statements once considered to have come only from the lunatic fringe of the anti-reproductive rights movement. These members include, Sens. Don Nickels (R-OK), Sam Brownback (R-KS), John Ashcroft (R-MO), Dan Coats (R-IN), Jesse Helms (R-NC), Mike Enzi (R-WY), Robert Smith (R-NH) and Tim Hutchinson (R-AR). 
 
As the FEHBP contraceptive coverage requirement is currently included in the bill, there is a very good chance that we can win this one -- despite the absurd extremist assertions. 

ACTION NEEDED:

 Please advise the White House that they must remain committed to keeping the FEHBP contraceptive coverage in the bill and reinforce that position with your senator. The White House main number is (202) 456-1414; Congress's main number is (202) 224-3121.
* Withholding Funds from FDA for RU-486 - A Major Victory! Up until last week, the FY 99 Agriculture Appropriations bill contained a provision that would withdraw funds from the Food and Drug Administration that are intended for final review and approval of Mifepristone (RU-486) or any other drug that may induce an abortion. Promoted by anti-family planning zealot Rep Tom Coburn (R-OK) and adopted by the House on June 24th, the measure would mean continued delay for this effective, much-needed drug. 
 

But in a very unexpected move last week, House Speaker Newt Gingrich authorized removal of the restrictive language from the bill! Whether that provision will remain out of the appropriations measure as it proceeds to a final vote is still a matter of some concern. A bitter fight looms in the Senate where a filibuster is threatened over disaster relief funding. The White House previously indicated that the President may veto the appropriations measure if it has the Mifepristone funding restriction, although the administration dearly wants the disaster money. 
Several potential scenarios could be played out in a way that would revive the offending provision: a vetoed bill comes back to Congress and the restrictive language is slipped in again. Or, the Agriculture Appropriations bill may be rolled into one huge omnibus spending bill that would contain most major appropriations measures and a lot of objectionable amendments on social issues that Republicans would force the President to sign. 
 
The FDA, in 1996, found Mifepristone "safe and effective" following U.S. clinical trials. It also has the potential for effective use in treating breast cancer, endometriosis, uterine fibroids, brain tumors, glaucoma and Cushing's syndrome. Final FDA approval of  Mifepristone is expected to occur in the near future, pending an assessment of the manufacturing process.

ACTION NEEDED:

 Because of the volatility of the issue, activists are urged to continue applying pressure to members of Congress. Also, please call the White House to stress that the restrictive language needs to be kept out the Agriculture Appropriations bill. 
* Gagging International Family Planning Programs- Deadlocked  Negotiators on the FY 99 Foreign Operations Appropriations bill may be hopelessly deadlocked over international family planning. House- and Senate-approved language in the spending measures are diametrically opposed on the global gag rule. This is a provision which would withdraw U.S. family planning funding from any international family planning organization if they --with their own funds -- perform legal abortions or engage in abortion-related advocacy. These organizations could not even hold conferences or workshops to discuss abortion laws and policies -- if they wanted to continue receiving U.S. aid. 
 
Secretary of State Madeline Albright has criticized the global gag rule as "punish[ing] organizations for engaging in the democratic process and for engaging in legal activities that would be protect by the First Amendment if carried out in the United States." 
 
The amendment, offered by Rep. Roger Wicker (R-MS), is the same as was attached to the State Department Authorization passed earlier in the year by both bodies. The White House subsequently threatened a veto, much like the action last year which also prevented a State Department re-organization, authorization of payment for U.N. arrears and funding for the International Monetary Fund. 

The current House Foreign Ops version, promoted by Rep. Chris Smith (R-NJ), states that no funds can be made available to those programs if the gag rule is not imposed, while the Senate version says that funds cannot be spent if that provision remains in the Foreign Ops bill. Greatly complicating the matter is funding for the International Monetary Fund (IMF) which is in especially great demand with the growing international economic crises. If an agreement fails to be reached, the Foreign Ops bill could be rolled into that massive omnibus spending bill Congress will attempt to pass in its final hours. Observers say that there is also a chance that disagreements over these reproductive rights provisions could halt key appropriations measures and, consequently, play a role in a rumored shut-down of the government. 

ACTION NEEDED:

 Please communicate to the White House that the global gag rule is not a negotiable issue and that we expect the President to uphold his veto promise.
Other Developments Harmful in Population Aid Programs Under agreements between House and Senate staff members, the U.S. would be prohibited from making a contribution to the United Nations Population Fund (UNFPA) because of 'forced abortion' policies in China. If this agreement prevails, the consequences will be serious in the 150 countries where UNFPA currently serves. The program provides voluntary family planning services, maternal and child health care, and sexually-transmitted disease prevention services. Already, there is a cut-off of U.S. funds for UNFPA programs in China and the blanket withdrawal of U.S. funds to other countries would be a punishing action and a transparent attempt to limit international family planning. 
 
The House would also cap international family planning funding at the current level of $385 million and remove the metering restriction which had been placed previously to restrict the flow of funds to small percentage amounts each month. 

ACTION NEEDED:

 Please stress with the White House that continued U.S. assistance in population programs is critically important and U.S. funds to UNFPA must be restored. 
Teen Endangerment Act May Be Dead Letter - Hooray! No doubt due to all the diligent lobbying by reproductive rights supporters, the Senate failed on Sept. 22nd to bring to a vote the so-called Child Custody Protection Act (S. 1645). The motion to limit the number of amendments to proceed to debate failed by a vote of 54-45. It is unlikely that another attempt will be made to bring up the bill, although nothing is for certain with this Congress. 

Activists will know that the legislation, dubbed the 'Teen Endangerment Act' would prevent anyone other than a parent from accompanying a minor across state lines to obtain an abortion unless the home state's parental involvement laws have been complied with. A similar measure has already sailed through the House; and, unfortunately, there are a number of related bills pending in state legislatures. 
Senate Sustains Veto on Abortion Ban - May Be Only Temporary Gain As most folks are aware of by now, the Senate voted on September 18th to sustain the President's veto of the Abortion Procedures Ban (S. 1122) by 64 to 36 -- three votes short of the two-thirds required to overturn a veto. While we celebrate this victory, it is best to keep in mind that there is the more ominous possibility of losing a similar vote in the near future. With at least three senators in hotly contested re-election races, we are coming dangerously close to losing that tiny margin. The three senators -- all women -- are targeted for defeat by our opponents and include Sens. Carol Moseley-Braun (D-IL), Patty Murray (D-WA) and Barbara Boxer (D-CA).

ACTION NEEDED:

 Abortion rights supporters should thank those senators who voted to sustain the veto: Sens. Akaka, Baucus, Bingaman, Boxer, Bryan, Bumpers, Chafee, Cleland, Collins, Dodd, Durbin, Feingold, Feinstein, Glenn, Graham, Harkin, Inouye, Jeffords, Kennedy, Kerrey, Kerry, Kohl, Lautenberg, Levin, Lieberman, Mikulski, Moseley-Braun, Murray, Reed, Robb, Rockefeller, Sarbanes, Snowe, Toricelli, Wellstone and Wyden. And, don't forget to thank the President for his veto. 
Postponement on Contraceptive Coverage for Everyone Else During committee debate in early September on the Labor, Health and Human Services and Education FY 99 spending bill, Sen. Harry Reid (D-NV) was to have offered his Equity in Prescription Insurance and Contraceptive Coverage Act (EPICC, S. 766) as an amendment. But Sen. Reid agreed to postpone his effort and proposed that he join with Sen. Olympia Snowe (R-ME) to offer a similar measure during the Senate floor vote on the spending bill. Committee members increased by $12 million funding for Title X family planning programs; however, the appropriations bill may never come to the Senate floor for a separate vote. Instead, the measure may be wrapped into an omnibus spending bill. So EPICC may be not be brought up at all.
Dr. Henney FDA Nomination Pending Confirmation of Dr. Jane Henney to be Commissioner of the Food and Drug Administration (FDA) is still pending in the Senate Labor and Human Resources Committee, following a hearing in early September. Dr. Henney served as deputy commissioner under former FDA Commissioner David Kessler and, if confirmed, would become the first woman to hold that important position. She is currently vice president for health sciences at the University of New Mexico and is a medical oncologist, having served ten years at the National Cancer Institute. 
 
During her hearing, Dr. Henney was grilled about her views on the FDA's process to approve Mifepristone (RU-486) by abortion rights opponents. Sen. Mike Enzi (R-WY) vowed to hold up the nomination until he received more information on Mifepristone. It is not known whether the committee intended to vote on the nomination prior to adjournment. 
 
 

VIOLENCE AGAINST WOMEN

 
Will the Senate Pass "VAWA II" ?  With very little time left before the 105th Congress adjourns, the question remains as to whether the Senate will approve of House-passed portions of the Violence Against Women Act of 1998 (parts of  H.R. 3514, referred to as the Conyers' Amendment). About a billion dollars worth of funds (for a five year period) for many effective anti-violence programs was authorized by the House, but there must also be Senate approval as well or some programs will expire and others will have no funding. Additionally, various Department of Justice programs are targeted for reduction in a separate appropriations bill. Affected programs include the all-important grants to encourage pro-arrest policies which are designated for a $29 million reduction. 
 
NOW President Patricia Ireland sent a letter on behalf of the organization to members of the Senate urging that they pass the House-approved portions, plus add a number of provisions from several Senate anti-violence bills. Upwards of 25,000 postcards have been collected from women all over the country in support of passage of  VAWA II and will be presented to Congressional leaders. If we are not successful in getting those parts of  VAWA II passed, then activists will focus on the 106th Congress and, hopefully, a much better possibility that this key women's bill can be passed. Advocates have come close to the goal of securing 150 House co-sponsors for the Violence Against Women Act of 1998, signing up 144 members as of October 6th. 

ACTION NEEDED:

 Please call your senators and urge them to pass the House-approved sections of  VAWA II; stress that no funding cuts should be made and that all any VAW programs due to expire this fiscal year must be re-authorized. Ask senators to include in their action approval of the newly-introduced Battered Women's Employment Security Act, described below.  
  
Also, if your House member is not a co-sponsor, please urge him or her to sign on. Among the members who should become co-sponsors are: Reps. Green (TX), Patrick Kennedy (RI), Levin (MI), Pastor (AZ), Hastings (FL), Hooley (OR), Horn (CA), Price (NC), Joe Kennedy (MA), Greenwood (PA), Jefferson (LA), Johnson (WI), Nancy Johnson (CT), Kelly (NY), Lee (CA), Luther (MN), Martinez (CA), McCollum (FL), Moakley (MA), Pryce (NC), Reyes (TX), Stabenow (MI), Stokes (OH) and Velazquez (NY).
Sens. Murray and Wellstone Offer New VAW Bill A new bill, the Battered Women's Economic Security Act of 1998 (BWESA), was introduced on Oct. 6th by Sens. Patty Murray (D-WA) and Paul Wellstone (D-MN). It contains all those provisions not included in the Biden/Specter VAWA II bill, S. 2110, such as programs which provide housing certificates for battered women, legal protection from insurance discrimination and grants to improve legal representation for domestic violence survivors. Additionally, the bill features a section establishing programs to aid domestic violence/sexual assault survivors who encounter employment discrimination and offers a bonus for states to help DV survivors who are participants in the Temporary Assistance to Needy Families (TANF, formerly AFDC) program.
Battered Immigrant Women Provisions Must be Reinstated The VAWA Restoration Act, H.R. 4291, sponsored by Rep. Connie Morella (R-MD) would restore protections for battered immigrant women that were lost when so-called immigration reform legislation passed in the 104th Congress. Many of the provisions of  H.R. 4291 were incorporated into the State/Commerce/Justice Appropriations bill (S. 2260) which passed the Senate in July. The House will soon vote on the appropriations measure and may not include the battered immigrant women protection provisions that are in H.R. 4291. 

Essentially, the Morella bill allows battered immigrant women to escape from their abusive U.S. citizen or permanent resident spouses without fear of deportation or other adverse consequences. Current law and practice results in many women being left without protection of U.S. laws, court order, custody degrees and law enforcement assistance. The legislation would give immigrant DV survivors the ability to 'self-petition'(for permanent residency) without leaving the country and offers other important protections.

ACTION NEEDED:

 Urge your House member to advocate for incorporation of H.R. 2491 in the Commerce/Justice/State Appropriations bill. Members who especially need pressure are: Reps. Lamar Smith (R-TX), Henry Hyde (R-IL), Harold Rogers (R-KY), New Gingrich (R-GA), Alan Mollohan (R-WV), Bob Livingston (R-LA) and David Obey (D-WI), Jim Kolbe (R-AZ), Charles Taylor (R-NC), Ralph Regula (R-OH), Michael Forbes (R-NY), Tom Latham (R-IA), David Skaggs (D-CO) and Julian Dixon (D-CA)
 

This Legislative Update was compiled by the Government Relations/Public Policy Team at the National NOW Office. Call Jan Erickson, Government Relations Director, at (202) 628-8669, ext.768, if you have any questions. To receive free of charge copies of any of the above bills, call your U.S. Senator or Representative at (202) 224-3121 or connect to http://thomas.loc.gov website. This update is mailed monthly to NOW Leadership. Any member can receive a copy of this update by mail for a yearly charge of $25. You may also read this Legislative Update at http://www.now.org/issues/legislat/ . Anyone may receive it by e-mail if they join our Action Alert e-mail.
 

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