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Volume XIV, Number 45 / June 14, 1999
CONTACT MEMBERS OF THE HOUSE AND SENATE
Now that the Equity in Prescription Insurance and Contraceptive Coverage Act (EPICC — S. 1200/H.R. 2120) has been introduced, senators and representatives should be urged to co-sponsor the legislation.
Important Dates
June 16
Medical records privacy in Senate Committee
D.C. Appropriations Markup In House Subcommittee
July 3-11
Congressional Fourth of July recess
Legislative Highlights of the Week
Moving Toward Implementation of the Responsible Choices Agenda
Goal: Increase services that prevent unintended pregnancy — by offering every teenager honest, responsible sexuality education and pregnancy prevention programs.
EPICC Introduced In Congress
On June 10, in front of a throng of cameras, and flanked by Planned Parenthood officials and members of the Planned Parenthood Board of Advocates, Sens. Olympia Snowe (R-ME) and Harry Reid (D-NV), and Reps. Jim Greenwood (R-PA) and Nita Lowey (D-NY) announced the introduction of the Equity in Prescription Insurance and Contraceptive Coverage Act (EPICC, S. 1200/H.R. 2120). During her remarks, Sen. Snowe talked of the unfairness of the inequality in prescription drug coverage that is partially responsible for women of reproductive age paying about 68 percent more out-of-pocket for health care costs.
Snowe spoke of last year’s success in providing contraceptive equity for individuals covered through the Federal Employees’ Health Benefits Program and said it was time to take the program national, "Because," she said, "the way I see it, if the principles of our EPICC legislation are good enough for Congress, they should be good enough for the American people. You shouldn’t have to work on Capitol Hill to get a benefit all women deserve." She lauded Maine and the six other states that have approved contraceptive coverage legislation, but said, "your mailing address shouldn’t dictate your right to this benefit. That is why we must pass legislation on the federal level and we must do it now."
Sen. Reid noted that he opposes abortion, but said that contraceptive equity is something that both sides of the abortion debate can and should get behind, not only because it lessens the need for abortions, but also because preventing unintended pregnancies saves the taxpayer’s money. He said he found it troubling that insurers would cover tubal ligations, vasectomies and abortions, but refuse to cover something as simple and effective as contraceptives.
He also complimented the Nevada legislature for passing a contraceptive equity bill, and the governor for signing it with great fanfare.
Rep. Lowey told the crowd that the federal bill will pass this year because all those assembled on the Capitol lawn for the press conference were going to go home and make sure that everyone understands what the bill is about and provide the groundswell to convince the Congress to pass the bill.
She said that contraceptive coverage is basic health care for women and women should have the right to select among all FDA-approved contraceptive methods to assure that they have access to the most appropriate method for their individual needs.
Rep. Greenwood said that he was tired of being on the defense, fighting to protect women’s reproductive rights. This bill, he said, is about being on the offense, "about giving the American people what they want." He said he might appear to be the least likely person to be expected to be standing at that press conference promoting the bill because he is both a man and a Republican, but he is a father of daughters and sees a guarantee of this coverage as essential for their well-being.
Now that the bill has been introduced in both houses, it is important to thank senators and representatives who have signed on to the bill and to urge them to sign on if they have not yet done so.
Also speaking at the press conference were actress Kathleen Turner, National Public Advocacy Chair for Planned Parenthood, actress Sally Kellerman of the Planned Parenthood Board of Advocates, and model Beverly Peele, the newest member of the Board of Advocates.
The original co-sponsors of the bill are: (Members elected in 1998 are noted with an asterisk)
SENATE
| SNOWE Akaka (D-HI) Bayh (D-IN)* Boxer (D-CA) Bryan (D-NV) Chafee (R-RI) Cleland (D-GA) Daschle (D-SD) Dodd (D-CT) Durbin (D-IL) Feinstein (D-CA) Harkin (D-IA) Inouye (D-HI) Jeffords (R-VT) Johnson (D-SD) Kennedy (D-MA) |
REID Kerrey (D-NE) Lautenberg (D-NJ) Lieberman (D-CT) Lincoln (D-AR)* Mikulski (D-MD) Moynihan (D-NY) Murray (D-WA) Robb (D-VA) Schumer (D-NY)* Smith (R-OR) Specter (R-PA) Torricelli (D-NJ) Wellstone (D-MN) Warner (R-VA) |
HOUSE
| GREENWOOD Bilbray (R-CA) Boehlert (R-NY) Boucher (D-VA) Brown (D-OH) Clay (D-MO) Cook (R-UT) DeGette (D-CO) DeLauro (D-CT) Horn (R-CA) Johnson (R-CT) Kelly (R-NY) Leach (R-IA) |
LOWEY Markey (D-MA) Miller (D-CA) Morella (R-MD) Ose (R-CA)* Pallone (D-NJ) Pelosi (D-CA) Pryce (R-OH) Roukema (R-NJ) Shays (R-CT) Towns (D-NY) Woolsey (D-CA) Waxman (D-CA) |
On June 9th, an attempt by Reps. Loretta Sanchez (D-CA) and Carrie Meek (D-FL) to lift the ban on privately funded abortions for military personnel and dependents stationed overseas in overseas military medical facilities failed. The vote on the amendment to the Department of Defense Authorization bill (H.R. 1401) was 225-203. While the 22-vote loss was disappointing, it is a vast improvement over the 232-190 result when the same vote was taken during the last session of Congress.
Fourteen members spoke in favor of the Sanchez/Meek amendment and should be given special thanks for their support. In addition to Reps. Sanchez and Meeks, they are Reps. Robert Andrews (D-NJ), Tammy Baldwin (D-WI), Danny Davis (D-IL), Nancy Johnson (R-CT), Nita Lowey (D-NY), Carolyn Maloney (D-NY), Connie Morella (R-MD), Jerry Nadler (D-NY), Brad Sherman (D-CA), Ellen Tauscher (D-CA), Maxine Waters (D-CA) and Lynn Woolsey (D-C).
The Senate approved its version of the Department of Defense Authorization bill after voting 51-49 against an identical amendment, offered by Sens. Patty Murray (D-WA) and Olympia Snowe (R-ME).
CCPA Is Approved In Subcommittee
On June 8th, the Judiciary Constitution Subcommittee marked up H.R. 1218, the so-called "Child Custody Protection Act." The bill would make it a federal crime to transport a minor across state lines for the purpose of obtaining an abortion without abiding by the parental involvement requirements of the minor’s state of residence.
The five amendments offered by the Democrats were defeated on a party-line vote. The bill then was approved by voice vote.
The full Judiciary Committee is expected to meet by the end of June, and possibly as early as next week to consider this bill. At that time, Democrats again will offer amendments in an attempt to loosen the restrictive and harmful provisions of this bill..
House Bans FDA Action On Mifepristone
On June 8th, the House, by the narrow margin of 217-214, approved an amendment to the Agriculture Appropriations bill offered by Rep. Tom Coburn (R-OK). The amendment prohibits the federal Food and Drug Administration from conducting research, testing or approving mifepristone (formerly known as RU 486) or any other drug for the chemical inducement of abortion. Although a loss, the vote was much narrower this year than it was in 1998, when the Coburn amendment was approved by a vote of 223-202. Few members who were in Congress during the last session changed their votes. Of those, only John Cooksey (R-LA) voted against Coburn in the 105th Congress and supported it this week. Reps. Bud Cramer (D-AL), James Gibbons (R-GA), and Jerry Kleczka (D-WI) supported Coburn in 1998 and voted against the amendment on June 8th.
Many first-term members voted against Coburn, including Republican Reps. Judy Biggert (IL), Johnny Isakson (GA), Steven Kuykendall (CA), Doug Ose (CA), John Sweeney (NY) and Pat Toomey (PA). Heather Wilson (R-NM), who did not join the 105th Congress until after the vote was taken, also voted against the measure. Only four newly elected Democrats voted to support the Coburn amendment: Reps. Joseph Crowley (NY), Ken Lucas (KY), David Phelps (IL) and Ronnie Shows (MS).
Reps. Diana DeGette (D-CO), Rosa DeLauro (D-CT), Sheila Jackson-Lee (D-TX), Nancy Johnson (R-CT), Marcy Kaptur (D-OH), Nita Lowey (D-NY), Carolyn Maloney (D-NY), Jim McDermott (D-WA), Jim Moran (D-VA), Connie Morella (R-MD), Jerry Nadler (D-NY), Eleanor Holmes Norton (D-DC), Nancy Pelosi (D-CA), Anthony Weiner (D-NY) and Lynn Woolsey (D-CA) spoke against the amendment during the June 8th debate. This is an impressive show of support. All who voted against the measure should be thanked. Those that took the lead by speaking against it should be given special notice.
Final House Seat Filled
On May 29th, David Vitter (R-LA) was elected to fill the seat vacated when Rep. Bob Livingston (R-LA) retired after reports of his extra-marital affairs surfaced.
IN THE STATES
Federal Court Of Appeals Voids Arizona Abortion Consent Law
On June 9th, the U.S. Court of Appeals for the Ninth Circuit ruled that an Arizona law that requires a minor to obtain the consent of a parent or a judicial bypass is unconstitutional. The appeals court ruled that the statute did not provide an expeditious judicial bypass procedure because it set no specific deadline by which a court had to rule on a minor's bypass petition. "A lack of specific time limits at the trial court level hinders any effective opportunity for obtaining an abortion, because the trial court could delay the bypass procedure for sufficient period to render it practically unavailable". The court also ruled that the statute's medical emergency provision was unconstitutionally vague because it required the physician to evaluate whether there was enough time for the minor to go through the judicial bypass without harming her health but there was no clear indication of how long the bypass would take.
State officials say they are considering asking the U.S. Supreme Court to review the decision.
Plaintiffs in the lawsuit included PP of Southern Arizona and PP of Central and Northern Arizona. They were represented by John Iurino of Lewis and Roca, Tucson, AZ.
Legislative Update
Alabama Legislature Adjourns Without Passing Any Anti-Choice Bills
The Alabama legislature adjourned without passing any of the numerous anti-choice bills that were proposed during this session. PP Alabama CEO Larry Rodick says it is the 11th year in a row that attempts to restrict early abortion have failed. Even last year, when so-called "partial birth" abortion bans were approved, the state’s attorney general ruled that it applied only after fetal viability.
This year, bills that were defeated included a requirement for a waiting period for adult women could obtain an abortion, and increasing the age for minors to obtain consent from 18 to 19. Another attack on minors’ access that was defeated would have given the state’s attorney general standing to argue against a minor’s petition for a judicial waiver to obtain an abortion.
California Assembly Approves New Sexuality Education
Standards
On June 2nd, the California Assembly voted 55-11 for a bill that assures that students in school districts that provide sex education receive medically accurate information free from racial or gender bias. Current California law requires sex education courses to stress that abstinence is the only 100 percent effective way of preventing pregnancy and sexually transmitted infections, but sets no standards for the accuracy of the information provided to persuade school children to avoid pre-marital sexual relations. PP Affiliates of California CEO Kathy Kneer said, "We are very pleased that the Assembly voted in favor of [the bill], which assures parents that their child will receive honest, medically accurate information that supports abstinence and helps young people make responsible health decisions."
Despite overwhelming public support for responsible sex education, we continue to find some school districts in California adopting medically inaccurate and fear-based sex education curricula that endanger young people. This deadly problem must be addressed if California is serious about preventing HIV/AIDS, teen pregnancy, and sexually transmitted infections.
California Assembly Defeats Hospital Merger Bill
On June 4th, the California Assembly voted to defeat a bill that would have protected reproductive health services in locales where secular health facilities merge with Catholic providers. The bill would have required the secular hospitals to continue to provide the services they previously had offered. Under the bill, without the guarantee of continued services, the state would have withheld merger approval and construction funding.
Bush Brothers Sign Minors’ Restriction Laws
Last week, both Govs. George W. Bush (R-TX) and Jeb Bush (R-FL) signed bills that require minors to notify a parent before obtaining an abortion. When Gov. George W. Bush signed the Texas law he said, "I believe that life is valuable, even when it is unwanted, even when it is imperfect I believe our society has a responsibility to defend the vulnerable and the weak."
The Texas law requires a 48-hour wait after a parent has been notified. It also provides for a waiver of the notification if a judge determines that the minor is mature enough to make her own decision or that the procedure is in her best interest.
In Florida, Gov. Jeb Bush signed a similar parental notice bill that also provides for a judicial waiver and requires a 48-hour wait after notification before the abortion can be performed. Earlier parental notice laws have been ruled unconstitutional by the state supreme court.
Help keep the What’s Up? editor informed about what’s happening in your affiliate. Please add my name to your alert and/or legislative update list. My e:mail address is jbaldinger@ppfa.org.
Kopp Named To The FBI’s Most Wanted List
The FBI added James Charles Kopp to its Most Wanted List on June 6th. Kopp has been indicted in the October, 1998 murder of Dr. Barnett Slepian in his home in Buffalo, NY. He was added to the list at the same time as Osama Bin Laden who is suspected of numerous terrorist acts, including bombings at two U.S. embassies. Kopp joins Eric Robert Rudolph, who has been on the list for some time as a suspect in the bombing of an Alabama clinic, a nightclub that caters to a gay and lesbian clientele and Olympic Park in Atlanta. A $650,000 reward has been offered for information that would lead to Kopp’s arrest.
Month Of Prayer Begins At Teller Clinic
Anti-choice groups planned what they call the “June Project,” which is a month of protests in the guise of prayer vigils in front of the Wichita clinic where Dr. George Tiller performs abortions. The first day, with Flip Benham of Operation Rescue in attendance, about 30 people were at the clinic. Since then, Sarah Greenwood of PP of Kansas and Mid-Missouri reports that fewer than 10 have been at the clinic on any given day.
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