Legislative Update

September 13, 2002

OVERVIEW
            107th Congress Winds Down, Many Bills Remain
ECONOMIC EQUITY
            Welfare Program May Not be Reauthorized
            Bankruptcy Agreement Bogged Down
EDUCATIONAL EQUITY
            Stacked Title IX Commission Holds Town Hall Meetings
ECONOMIC SECURITY
            Pension Reform a Priority
REPRODUCTIVE RIGHTS
            Round-up of Important Legislative Activities
                  Giant Refusal Clause
                  Military Abortion Ban
                  International Family Planning/Global Gag Rule
                  Health Insurance for Fetuses
                  Equity in Prescription Insurance Contraceptive Coverage
VIOLENCE AGAINST WOMEN
            Victory! Rape Kit/DNA Analysis Funding Bill Passes
GENERAL
            Taxpayer-Supported Religious Charity Initiative Slows
            House May Take up Church Politicking Bill

OVERVIEW

107th Congress Winds Down, Many Bills Remain

Observers are now predicting that the agenda for the few remaining weeks of the 107th Congress will be narrowed substantially to deal with only the Homeland Security Department, 10 key appropriations measures, pension reform legislation (possibly with a minimum wage amendment), prescription drug benefit for seniors, emergency funding for Medicare and what may be an extended debate on a resolution authorizing military action in Iraq. All other pending matters are likely to be pushed into next year for the 108th Congress to deal with, including whatever remains of the appropriations bills that aren't passed by recess. Continuation of governmental programs will be assured through Continuing Resolutions. Inaction would be due, in part, to dramatically reduced federal revenues and a disappearing surplus that has come about mainly because of the Bush tax cuts, but also related to increased military and anti-terrorism spending and the overly optimistic projections.

Some members in both parties are already unhappy that there is a serious budget pinch; moderate Republicans and most Democrats in the House are threatening to vote against the Labor, Education, Health and Human Services appropriations bill. Their unhappiness is related to what they believe is insufficient funding for school construction and members do not want to campaign for re-election without being able to say that federal assistance is coming. Republicans voting against their own party's budget is fairly unprecedented and the White House is worried, threatening to call for a House vote on the president's budget as a whole. Meanwhile, the Senate will have to come to an agreement before October 1 on the overall federal discretionary budget for fiscal year '03 (perhaps as high as $768 billion, $9 billion more than House Republican leaders want) and whether the Byrd 60-vote rule on all spending measures will be continued.

There is increasing discussion of a possible lame duck session following the November mid-term elections; what would be considered is a matter of intense speculation. If the control of the Senate reverts to the Republicans, then a number of regressive measures could be ushered through. NOW and other women's rights advocates are concerned that additional anti-abortion and anti-contraception bills would pass; more tax cut measures may be promoted; a pro-war resolution regarding Iraq could be rushed through and a host of right-wing judicial nominees will be confirmed.

Among the rumored-to-be-postponed bills that are NOW's priority concerns is reauthorization of the Temporary Assistance to Needy Families (TANF), renewal of the 1996 welfare act, which may instead be continued under current law and at the same funding levels with a Continuing Resolution (CR). In fact, some states' governors are asking for a two or three year delay on reauthorization if the Congress does not act this fall. NOW's position is that we want the Senate Finance Committee bill to go to the floor, allowing enough time for amendments, and would like to see the better Senate version prevail in conference committee.

ECONOMIC EQUITY

Welfare Program May Not Be Reauthorized

Senate Majority Leader Tom Daschle (D-S.D.) recently indicated that reauthorization of TANF programs may not be taken up this fall, even though it was listed on the Democrats' priority list for action prior to recess. Rumors indicate that the program may continue under current provisions of law and at existing funding levels for another 3 years; NOW and other anti-poverty advocates are concerned that if the decision is made to expedite the process that a "pre- conferencing" of the legislation may mean that many of the improvements in the Senate Finance Committee version will be negotiated away. The regressive House bill (H.R. 4737) requires more working hours for TANF recipients (40 hours per week for 70% of the caseload by 2007), drastically under-funds nearly all programs—including the critically important child care subsidies—and contains many draconian provisions that further limit access to education and training, prevent legal immigrants from obtaining benefits, requires states to undertake marriage promotion programs, do not provide for transitional job programs, and have insufficient flexibility for families who may be employed but not earning enough to sustain their families without public assistance. While considerably better than the House version, the Senate Finance Committee Mark still contains (optional) marriage promotion grants, full family sanctions (but with some limitations), inadequate treatment of family violence problems, and inadequate funding for child care grant programs (although more than the House version provides).

Meanwhile, Sens. Patty Murray (D-Wash.) and Paul Wellstone (D-Minn.) introduced S. 2876, the Secure and Health Families Act that would be an alternative to the Senate Finance bill's focus on marriage. At least 30% of funds would go to income enhancement (like the Minnesota Family Investment demonstration program) as well as provide for better access to education and training, support to teens to reduce rates of first and subsequent births, services to build stability by securing employment and child care as well as a strengthening of the Family Violence Option (FVO). S. 2876 incorporates many of the elements endorsed by NOW, NOW/LDEF and the National Council of Women's Organization's TANF reauthorization recommendations. A press conference to promote the Murray-Wellstone bill will be held on Sept. 18; Senators need to be urged to co-sponsor this legislation. Another bill, introduced by Sen. Russ Feingold, would assure that TANF recipients civil rights were not violated and that discriminatory practices were prohibited. Elements of both of these bills would be offered as amendments should the Senate Finance Committee TANF reauthorization come to the floor for a vote in this Congress. Rep. Pete Stark (D-Calif.) would have TANF programs more adequately address barriers (chronic mental or physical illness, illiteracy, etc.) faced by recipients.

IF TANF reauthorization is extended as current law for several more years, then it is likely that each party would be allowed only one major change or addition to the program. For Democrats it seems fairly clear that they would ask for considerably more child care subsidy funding, while Republicans would probably demand more required work hours.

Bankruptcy Agreement Bogged Down

There is continuing good news in the inability of the House to bring the final conference report on the Bankruptcy Reform Act of 2002 (H.R. 333/S. 420) to the floor because extremist House anti-abortion activists are furious over the fact that Rep. Henry Hyde (R-Ill.) agreed that the Schumer clinic violence provision should retain most of the essential language. As of the moment, the bill will not be brought up in the House because there are insufficient votes to pass it. The Senate is poised to adopt this legislation which otherwise is a very regressive measure that would hurt women, low and moderate income persons and seniors in their efforts to financially recover following catastrophic illness, divorce or job loss. Among the bill's many flaws are the following features: corporate executives and affluent debtors receive favorable treatment, modest-income debtors face harsh new barriers, the child support problem is still not fixed, reckless and predatory credit card practices goes unchecked and the timing of these proposed changes couldn't be worse with increasing job losses and higher health insurance costs. The House leadership might find a way to strip the clinic violence amendment and get a floor vote as they are under tremendous pressure by the banking and credit card industry to get this bill passed. However, Sens. Chuck Schumer (D-N.Y.), Joe Biden (D-Del.) and Leahy (D-Vt.) have pledged to safeguard the amendment and would strongly oppose such a development. Whether their opposition would be enough to prevent a final Senate floor vote is a good question.

EDUCATIONAL EQUITY

Stacked Title IX Commission Holds Town Hall Meetings

The Bush administration's effort to undercut Title IX support of athletic programs got underway with a Town Hall meeting in Atlanta in late August. A heavily stacked anti-Title IX commission membership heard testimony from a variety of pro and con speakers. Persons who have been asked to testify AGAINST Title IX outnumber those who are allowed to comment in SUPPORT of Title IX. A number of additional meetings are scheduled for Chicago (Sept. 17-18), Colorado Springs (Oct. 22-23), San Diego (Nov. 20-21), Philadelphia (Dec. 4, with no public comments allowed) and Washington, D.C. (Jan. 8) where the report of the commission's work will be released. It is clear that the report will attempt to build a case against schools' increased support of women's athletics and activists are encouraged to send their written comments to: opportunityinathletics@ed.gov or to Office of the Commission on Opportunity in Athletics, U.S. Department of Education, 400 Maryland Ave., SW, ROB-3, Room 3060, Washington, D.C. 20202

If a Town Hall meeting is being held near you, please work in coalition with other groups to participate as a witness, attendee of the hearings or a demonstrator outside the meetings. Instructions on how to participate are included in the materials being handed out at the board meeting (which also include talking points and background information). NOW is working in two coalitions to organize for these Town Hall meetings and to be prepared to respond to the report, once issued. We know from the recent experience that our opponents are exceedingly well organized because the number of comments submitted recently to the Department of Education in support of single sex education in public schools far outnumbered the comments opposing the same. NOW submitted formal comments and developed a letter from the National Council of Women's Organizations opposing the use of public funds for same sex classrooms and schools.

ECONOMIC SECURITY

Pension Reform a Priority

The Senate Democratic leadership may attempt to adopt a more fundamental revision of pension reform law by taking up Sen. Ted Kennedy's Protecting America's Pensions Act (S. 1992). The Kennedy bill would limit over-concentration of employer stock in 401(k) plans; hold company officials accountable for unlawful actions; require worker representation on 401(k) boards of trustees; assure that 401(k) trustees are insured (so they can pay back money) if a court find that they acted unlawfully; established a government pension ombudsperson's office to address policy concerns of workers; and, provide whistle-blower protection for employees who protest unlawful 401(k) actions. No doubt, efforts will be made by conservatives to water down the Kennedy bill or prevent its passage altogether. The House previously passed a very weak and ineffective pension reform measure in H.R. 10.

On a somewhat related note, interest in Congress in adopting corporate accountability measures has flagged, despite all of the rhetoric and high profile hearings featuring Enron executives and other corporate officials.

REPRODUCTIVE RIGHTS

Round-Up of Important Legislative Activities

Giant Refusal Clause—A late report indicates that H.R. 4691, the Abortion Non-Discrimination Act, a dangerous bill that would override many abortion rights and contraception access provisions in law and policy will be brought directly to the House floor soon. Rep. Dick Armey (R-Texas) who in the past tried to get such language slipped into an unrelated community health center reauthorization measure is trying to get this "election season special" as a standalone bill passed before the November election so as to help anti-reproductive rights candidates in swing districts. H.R. 4691 contains a giant refusal clause that would allow any health care entity to exempt itself from state, federal or local laws that assure that women have access to abortion services. The bill is very technical in nature and would undermine Title X family planning provisions by classifying those clinics supported by Title X funds as "discriminatory" and allowing for funds to go to phoney pregnancy crisis centers. It would also undercut poor women's access to Medicaid services, available when pregnancies are the result of rape, incest or when a woman's life is endangered.

Military abortion ban—The Senate-adopted Murray-Snowe provision that repeals the ban on provision of abortion services at military installations overseas (even if military personnel and dependents utilize their own funds) becomes the subject of conference committee discussions. The House voted down such a repeal and whether the measure remains in the final report is questionable.

International Family Planning/Global Gag Rule—Mark-up of the House Foreign Operations FY'03 was completed this past week with no resolution of the following problems: the FY'03 United Nations Fund for Population Assistance (UNFPA) contribution was slashed from $34 to $25 million; no correction was made of a current-law provision that allowed George W. Bush to cancel this year's $34 million appropriation to the United Nations Population Fund; and, the result is that future funding for UNFPA cannot go forward. The Senate version maintains the $34 million funding level and stipulates that UNFPA funding cannot be rescinded unless there is clear evidence of wrongdoing. The House measure also cuts the U.S. Agency for International Development (USAID) allocation for family planning by $20 million and upholds the global "gag" rule. The Senate version provides for a $4.5 million increase to total $450 million.

Health Insurance for Fetuses—Reportedly, the final language of the administration's policy in assisting states to provide health insurance coverage for fetuses under the State Child Health Insurance Program will be released Monday, Sept. 16.

Equity in Prescription Insurance Contraceptive Coverage (EPICC)—Unfortunately, no progress has been made in getting EPICC (S. 104) to a floor vote on the Senate side—as some Senators had promised they would try to do this year.

VIOLENCE AGAINST WOMEN

Victory! Rape Kit/DNA Analysis Funding Bill Passes

Finally, there is one bit of good news. An issue that NOW worked on with Rep. Jerrold Nadler (D-N.Y.) concerning what appears to be a huge backlog of rape evidence kits which need to be examined with DNA analysis. By unanimous consent on Thursday, the Senate adopted a bill, sponsored by Rep. Joe Biden (D-Del.), S. 2513—the DNA Sexual Assault Justice Act, that contains a number of important provisions, including a mandate of the U.S. Justice Department to conduct a nationwide review of all police departments to determine how many unexamined rape kits there are and what would be the cost of subjecting these to DNA analysis ($500,000 authorized). Also, $75 million is authorized for each of the next five years to process the analyses and a total of $150 over five years was approved to train nurses in the Sexual Assault Nurses Examiners program on how to collect and present the evidence. Law enforcement officials would also be trained, supported by $50 million over five years. Further, $9.7 million would be authorized to update a national DNA database that would coordinate with state data systems so there DNA information could be processed on a national scale. Finally, the five year statute of limitations is lifted on cases where an individual suspected of sexual offenses based on DNA evidence has been charged.

NOW has advised Nadler's office of this development and staff has indicated that they will attempt to have the House appropriations subcommittee adopt the Senate measure (bypassing hearings, mark-up, etc.) and include it in the Commerce/State/Justice FY'03 appropriations bill.

GENERAL

Taxpayer-Supported Religious Charity Initiative Slows

It is looking dimmer and dimmer for the Bush-administration backed bill, the Charity, Aid, Recovery and Empowerment Act (S. 1924 - CARE Act, sponsored by Sen. Joe Lieberman, (D-Conn.) that would expand private (mainly, religious organizations would benefit) entities' abilities to provide charitable services with federal funds. With so little time left before recess and so many other issues on the agenda, the legislation may not get to a floor vote in the Senate. A number of changes have been made in the bill to assure enforcement of civil rights and employment laws, but some Democrats say that there is still a bias in the language that would favor religious over secular organizations in competing for grant funding. Republicans want to try to limit the number of amendments offered. In the meantime, Bush has proceeded quietly to adopt through executive action various policy and regulatory actions that would accomplish many of the objectives of the CARE Act. And the White House will hold a series of conferences around the country to instruct 5,000 religious organizations on how to apply for federal grants, beginning with a session in Atlanta on October 10.

House May Take Up Church Politicking Bill

The Houses of Worship Political Speech Act (H.R. 2357, sponsored by Rep. Walt Jones, R-N.C.) represents an even more serious threat in that, if adopted, would change the Internal Revenue Code to allow churches and other religious organizations to engage in fund-raising for political candidates and to formally endorse such candidates. House leadership has said that it wants to schedule a vote on H.R. 2357 before the end of the session. NOW opposes such legislation as it would be a clear violation of separation of church and state principles and poses even more of a threat to women's rights as churches that oppose equal rights and reproductive rights would become even more politically powerful.

PLEASE NOTE:

Agenda for 108th Congress—NOW's Vice President for membership, Terry O'Neill is spearheading with Wider Opportunities for Women executive director, Joan Kuriansky, preparation of a legislative agenda for the next Congress. A document will be prepared on behalf of the eight million member National Council of Women's Organizations and sent to the Hill in early 2003. If you have any suggestions for this comprehensive listing of our priorities, please send the information to Jan Erickson, Government Relations Director, at govtrel@now.org or call her at (202) 628-8669, ext. 122.

The Source Newsletter—Sign Up for the Women's Policy, Inc. weekly newsletter on bills in Congress that are of interest to women by sending an email to webmaster@womenspolicy.org or going to their web site. This is a bipartisan compilation of bills and resolutions that are pending that is a good resource for researchers, women's rights activists and the media. NOW's own Legislative Update will continue to give a feminist perspective on legislation, urging our members to take action in support or opposing key bills with our interactive Capwiz service that sends your message directly to members of Congress. So make sure that you are signed up to receive our Action Alerts as well the Legislative Update by sending the message to "subscribe now-action-list" (without the quote marks) to majordomo@now.org.