105th CONGRESS Voting Record Analysis 
for the House of Representatives and the Senate

PREPARED BY THE

NATIONAL ORGANIZATION FOR WOMEN

October, 1998

105th CONGRESS: 
ROLLING BACK WOMEN'S RIGHTS

Vote Analysis Reveals Anti-equity Bias

The National Organization for Women's analysis of key women's votes of the 105th Congress documents how an anti-equity majority has undermined many key federal government programs which help advance equality for women. In addition, the 105th proved to be every bit as opposed to women's reproductive rights as the 104th Congress was, voting on over 50 measures -- most of which limited those rights.

NOW rated the members of Congress on a broad range of issues covering equality, economic security, women's safety, education, lesbian rights, women's health and reproductive rights. Members' votes on 20 important bills and amendments are reported; these measures range from the abortion procedures ban and international family planning funding to food stamps, product liability, bankruptcy reform and child care. Additionally, members' positions on legislation of special interest to women are noted; these include additional time for ratification of the Equal Right Amendment (ERA) and ratification of the international Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the Violence Against Women Act of 1998 (VAWA II). Sponsorship of the bills is recorded in lieu of an actual vote when measures did not receive any action by this Congress.

The NOW analysis depicts a core group of members who consistently opposed funding or establishment of programs benefiting women and who repeatedly voted for measures to limit educational access, to perpetuate discriminatory policies in employment and education, and to restrict access to abortion and family planning services, while blocking legislation that would address pay discrimination, increase the minimum wage, expand family leave, protect consumers, improve health care and combat violence against women.

Clearly illustrating the House's extremist character were multiple attacks on contraception (such as attempting to prevent Food and Drug Administration (FDA) approval of RU-486); promotion of anti-lesbian/gay legislation perpetuating government discrimination; approving the use of public funds for private and religious schools (bypassing Title IX prohibitions on sex discrimination); attempting to undermine Fair Labor Standards 40-hour week/overtime protections which would affect many lower income female employees; limiting consumers' ability to sue for injuries by defective products, among many regressive actions.
 

U. S. House of Representatives, 105th Congress

VOTE DESCRIPTIONS

Women's Equality

1. EQUAL RIGHTS AMENDMENT - H.J. Res. 66, A joint resolution proposing an amendment to the Constitution of the United States relative to equal rights for women and men, sponsored by Rep. Carolyn Maloney (D-NY), and 129 co-sponsors. A measure to allow additional time for three more states to ratify the Equal Rights Amendment, thus meeting the constitutional amending requirement of three-fourths of the states ratifying. In 1972, a limitation of seven years was placed on the amount of time permitted for ratification of the ERA (three more years were later added) -- a restriction that has been applied to only two proposed amendments and one which was clearly designed to prevent ratification. The ERA is still very much needed as there is no explicit guarantee of equal protection under the law for women in the U.S. Constitution. Discrimination against women persists in pensions, insurance, tax laws, health care, military service, education, and employment. Despite pervasive inequality, H.J. Res. 66 never received a hearing in the 105th Congress. Co-sponsorship is counted as a "+" and noted as a "Y" as in an affirmative vote. (Y = +)

2. PAY EQUITY - Fair Pay Act, H.R. 1302, sponsored by Del Eleanor Holmes Norton (D-DC) with 65 co-sponsors and the Paycheck Fairness Act, H.R.2023, sponsored by Rep. Rosa De Lauro (D-CT), and 91 co-sponsors . Two bills would have greatly advanced the cause of pay equity for women, but were never given a hearing in the 105th. H.R. 1302 would amend the Fair Labor Standards Act of 1938 to prohibit discrimination in wages paid to employees within a workplace in equivalent/comparable jobs solely on the basis of a worker's sex, race or national original. It would require employers to preserve records on wage setting practices and file reports with the Equal Employment Opportunity Commission, among other requirements. H.R. 2023 -- the weaker of the two bills -- amends the Equal Pay Act of 1963 (affecting only federal government employees) and the Civil Rights Act of 1964 to provide more effective remedies for women who are not paid equal wages for equal work. When the Equal Pay Act was passed women were earning 57 cents for every men's dollar earned; in 1996 women were earning 74 cents (African American women earn 64 cents and Hispanic women - 57 cents, currently) to every man's earned dollar -- an increase of about a half cent a year. At that agonizingly slow rate, it will take another 50 years for parity to be achieved! Co-sponsorship is counted as a "+". (Y = +)
 

Reproductive Rights

3.ABORTION BAN- The "Partial Birth" Abortion Ban, H.R. 1122. This legislation is a stealth action by abortion rights opponents to stop all abortions and would be the law of the land currently, if it were not for a mere three votes in the Senate that sustained President Clinton's veto. "Partial-birth" abortion is a political - not a medical term -- that is designed to mislead the public about the actual nature of medically necessary abortion procedures. Earlier versions of the ban would have been applied only to a specific procedure that is used in advanced pregnancy and performed when there is a serious threat to the life/health of the woman or when there is severe fetal deformity. However, the vague wording used in an amended H.R. 1122 means that before- and after-viability abortions are prohibited, with no exception for the life/health of the woman. Court challenges to state versions of the federal ban have found that this type of ban covers the safest and most common abortion procedures used throughout pregnancy. And 19 of 20 state bans have been enjoined or severely limited by the courts.) Fines and prison sentences are specified for physicians who violate its provisions -- and, because the language appears to apply to nearly all procedures at any point during a pregnancy, most physicians will not risk the possible consequences. The vote recorded here was to override President Clinton's veto. A two-thirds majority of those present and voting was required. Passed 296-132: R 219-8; D 77-123, July 23, 1998. (N = +)

4.TEEN ACCESS TO ABORTION- Child Custody Protection Act, H.R. 3682. This bill makes it a federal crime for anyone to transport or accompany a minor across state lines for an abortion, unless the young woman has already satisfied the requirements of her home state's parental notification and involvement laws. H.R. 3682 not only denies young women help from adults they trust, but also endangers their health and violates rights guaranteed by the Constitution. According to its provisions, adults who help these young women during crisis pregnancies are guilty of a federal crime and, if convicted, will be fined or jailed for up to a year! This applies to anyone, whether it is a close member of the family like a grandparent or an aunt, or even a member of the clergy. Later, the Senate failed to bring the bill to a floor vote and the legislation died. Passed 276-150: R 209-14; D 67-135, July 15, 1998. (N = +)

5. CONTRACEPTIVE COVERAGE FOR FEDERAL EMPLOYEES - Lowey Amendment to FY 99 Treasury/Postal Appropriations Bill. One of the few successes of the 105th Congress was the adoption of Rep. Nita Lowey's (D-NY) amendment which requires the Federal Employee Health Benefit (FEHB) plans covering prescription drugs to treat five FDA-approved prescription contraceptives the same as all other covered drugs. This amendment helps achieve parity between the benefits offered to male participants in FEHB plans and their female counterparts. The Senate accepted by unanimous consent an identical amendment offered by Sens. Harry Reid (D-NV) and Olympia Snowe (R-ME), but also adopted by voice vote an amendment offered by Sen. Mike DeWine (R-OH) to prevent FEHB plans from covering abortion services. Ultimately, the contraception coverage provision remained in the final appropriations bill despite repeated efforts by contraception opponents to have it deleted. Passed 224-198: R 48-177; 175-21, July 16, 1998. (Y = +)

6.FDA APPROVAL OF MIFEPRISTONE (RU-486) - Coburn Amendment to FY 99 Agriculture Appropriations Bill. Anti-choice extremist Rep. Tom Coburn (R-OK) was successful in promoting an amendment that would withhold funds from the Food and Drug Administration (FDA) to review and approve drugs that induce medical abortions (such as mifepristone). Mifepristone, (or RU-486) has been used in Europe for ten years and has been shown to be safe and effective in U.S. clinical trials. The drug also has significant potential for treating other diseases such as breast cancer, brain tumors and glaucoma. Its release in the U.S. by the FDA is pending a review of the manufacturing and distribution process. The Coburn amendment placed Congress in the inappropriate position of approving or disapproving a particular drug on a political, not scientific basis. Fortunately, during final negotiations between the House and Senate this provision was dropped. Passed 223-202: R 188-37; D 35-164, June 24, 1998. (N = +)

7.TEEN'S CONFIDENTIAL ACCESS TO CONTRACEPTIVES - Istook Amendment to FY 99 Labor/HHS Appropriations Bill. An amendment offered by Rep. Ernest Istook (R-OK) requires teens seeking prescription contraception at Title X clinics to have parental consent or to have clinics notify parents five business days in advance of providing services to teens (effectively, a parental consent requirement). This amendment is a clear violation of a young woman's right to confidentiality when seeking contraceptive services. Limiting access to reproductive health services will subject young women to more risk as well as increase the rate of unintended pregnancy and sexually-transmitted diseases. The teen pregnancy rate has dropped by 14% -- the lowest rate in over a generation and a development attributed to new methods of contraception as well as to better access to contraceptive services. NOTE: The amendment was not included in the final Omnibus Appropriations bill for FY 99. Passed 224-200: R 190-30; D 34 -166, October 8, 1998. (N = +)

8.INTERNATIONAL FAMILY PLANNING - Funds Appropriated for Population Planning, H.R. 581. One of a several bills passed by the House restricting funds appropriated for family planning and population assistance to foreign organizations that may "perform or actively promote abortions." This bill included an expanded "Mexico City policy" which stipulates that no U.S. funds be given to any foreign non-governmental organization (NGO) that also, with its own non-U.S. funds, provides abortion-related information or services or advocates the legalization of abortion. In another bill (FY 1999 foreign aid spending bill), a "global gag rule," advanced by Rep. Chris Smith (R-NJ) would prevent NGO's from making public statements, distributing material or sponsoring conferences discussing abortion law and policy -- a constraint on free speech that be unconstitutional in the U.S.! (During final negotiations the close of the 105th Congress, family planning opponents agreed to drop the global gag rule -- but at a serious cost. Family planning funds will be again metered -- that is, made available only in small monthly amounts -- a constraint which is designed to hamper program operations, and the U.S contribution for the United Nations Fund for Population Activities (UNFPA) was deleted because the organization intends to continue population assistance activities in China (where there have been reports of coerced abortion.) Additionally, another global gag rule was added to the State Department Appropriations bill, but President Clinton vetoed the measure in mid-October because of the rule.) Passed 231-194: R 194-30; D 37-163, February 12, 1997. (N = +)

9. CONTRACEPTIVE USE - Smith Amendment to FY 99 Treasury/Postal Appropriations Bill. This effort by abortion rights extremist Rep. Chris Smith (R-NJ) was to define in law various contraceptives as abortifacients, thus prohibiting their use under the ban on abortion services in Federal Employees Health Benefit (FEHB) plans. Smith asserted that the common methods of birth control such as the IUD and oral contraceptives actually cause abortions and that the Lowey Amendment to require FEHB plans to cover prescription contraception would therefore permit abortions. Though the amendment failed, the Smith initiative is part of a larger effort to undermine acceptability of contraceptives and to eventually restrict -- or perhaps even ban -- their use. Failed 198-222: R 170-51;D 172-26, July 15, 1998. (N = +)

Women's Safety

10. VIOLENCE AGAINST WOMEN -Violence Against Women Act of 1998, H.R. 3514, Sponsored by Reps. John Conyers (D-MI), Connie Morella (R-MD), and Chuck Schumer (D-NY) and 150 co-sponsors. This bill, referred to as VAWA II, is a comprehensive package of provisions which addresses problems of domestic violence, rape and sexual assault through community-based programs providing referral, shelter, counseling, public education, victim services and law enforcement assistance. Many programs enacted in the 1994 Violence Against Women Act would be re-authorized, including the National Domestic Violence Hotline which receives up to 10,000 calls for help each month, grants to encourage police arrest policies for perpetrators and the STOP grant program that assists in the development of a coordinated community response among police, courts and social service providers in many town and cities. New programs focusing on reducing violence in the workplace and assisting previously under-served groups, like lesbian, rural and older women, are featured H.R. 3514. About a third of the bill (representing close to a billion dollars worth of funding over five years) was passed by the House as part of the Sexual Predators Bill - which was never considered in the Senate. Co-sponsorship of H.R. 3514 is counted as a "+". (Y = +)

11.HATE CRIMES - Hate Crimes Prevention Act of 1998, H.R. 3081, Sponsored by Rep. John Conyers (D-MI) and 169 co-sponsors. Current federal law (18 U.S. C. , Sec. 245) provides for the prosecution of hate crimes on the basis of race, ethnicity, religion or national origin. H.R. 3081 would amend the statutes to permit federal prosecution for violent bias crimes based on sex, sexual orientation and disability and would expand the circumstances in which federal hate crimes prosecution could be brought. The addition will cover some of the most heinous crimes of domestic violence, sexual assault and other types of violent acts against women. These would include serial rapes and battering, murders with other defining characteristics such as mutilation, and other violent acts that bear the typical features of a hate crime. One important reason for expanding federal hate crimes statutes is the frequently reported problem of local law enforcement officials not taking such crimes seriously. Also, many states do not include criminal prohibitions against hate crimes for reasons of sex bias. The Senate and House Judiciary Committees held a joint hearing on the hate crimes bill, but both failed to take any subsequent action and the measure died with Congress' adjournment. Co-sponsorship is recorded as a "+". (Y = +)

Economic Security

12.AFFIRMATIVE ACTION IN FEDERAL CONTRACTS - Roukema Amendment to H.R. 2400, Inter-modal Surface Transportation Efficiency Act of 1998 (ISTEA). Rep. Marge Roukema (R-NJ) offered a measure that would have repealed affirmative action programs in awarding federal transportation contracts. This would have resulted in the deletion of successful programs which help small businesses owned by women and people of color to compete on a more equal footing in this multi-billion industry dominated by huge corporations. The DBE program in recent years has resulted in several billion dollars worth of contracts for women and minority-owned businesses. Rejected 194-225: R 191-29; D 3-195, April 1, 1998. (N = +).

13.COMP TIME - Working Families Flexibility Act, H.R. 1. This bill would amend key provisions of the Fair Labor Standards Act of 1938. Notwithstanding the deceptive title, the legislation would undermine the 40-hour work week and would give employers considerable control over whether and when to provide compensatory time instead of paid overtime to employees. The measure, if passed, would have resulted in lost wages and benefits to low-wage workers -- many of whom are women. A fairer and more appropriate solution to the need for flexibility in working hours would have been an expanded Family And Medical Leave Act (FMLA), covering smaller companies and offering more options for employees to meet family needs without losing pay or benefits. But this Congress refused to take up such legislation. Passed 222-210: R 209-18; D 13-191, March 19, 1997 (N = +)

14. BANKRUPTCY - The Bankruptcy Reform Act, H.R.. 3150. This bill amends title 11 of the United States Code regarding bankruptcy by limiting avenues of relief available to persons in debt. Among many regressive features, this bill effectively elevates credit card debt to a level similar to child support when a debtor files for bankruptcy protection. Women owed past due child support and alimony would have to compete with huge credit card companies to collect from a former partner's limited income. H.R. 3150 also seriously disadvantages debtors in efforts to re-organize their finances and increases the power of large banking institutions - which exerted considerable pressure on Congress to pass this special interest legislation. Older persons, farmers and small businesses would be adversely affected as well. NOTE: The legislation ultimately failed when the President threatened a veto and House-Senate negotiators could not reach a compromise. Passed 306-118: R 222-0; D 84-117, June 10, 1998. (N = +).

Education

15. FUNDING PRIVATE AND RELIGIOUS SCHOOLS - Helping Empower Low Income Parents (HELP) Scholarship Act, H.R. 2746. Under HELP, private and religious schools could receive federal support and discriminate on the basis of sex, race, national origin, ethnicity, disability and age. The bill would have diverted federal monies intended to develop innovation public school programs, into a voucher program. One of its more alarming provisions would permit these schools to bypass federal anti-discrimination laws under Title IX, of the Education Amendments of 1972 that prohibit sex-bias. This means that public funds could be used to support single sex schools or classes. No doubt aware that there would be a huge outcry, Republican leadership tried to quickly push H.R. 2746 through the House, completely bypassing the committee hearing process, directly to a floor vote. Failed 191-228: R 185 - 35; D 4 -192, Nov. 4, 1997. (N = +)

16. AFFIRMATIVE ACTION IN HIGHER EDUCATION - Riggs Amendment to H.R. 6, the Higher Education Act. Rep. Frank Riggs (R-CA) sponsored an amendment (identical to H.R. 3330, the so-called "Anti-Discrimination in College Admissions Act of 1998" ) which prohibits colleges and universities in their admissions programs from using affirmative action policies for women and people of color to redress gender, racial, and ethnic discrimination. Affirmative action programs help overcome institutional barriers to higher education which have traditionally confronted women and members of minority groups. Women are still under-represented in many degree fields; only 46 percent of all women faculty were tenured in 1995, compared with 70 percent of male faculty. African Americans, Hispanics and Native Americans constitute about a third of the total college age population, but are only 18% of college students. In California and Texas where affirmative action is no longer allowed, college applications from students of color dropped precipitously. Rejected 171-249: R 166-55; D 5-193, May 6, 1998. (N = +).

17. UNEQUAL OPPORTUNITY IN EDUCATION- Education Savings Act for Public and Private Schools, H.R. 2646. This legislation allows persons to use tax-free money from education individual retirement accounts (IRAs) for elementary and secondary school expenses. The bill also increases the maximum amount one can contribute to such accounts each year. H.R. 2646 diverts limited federal resources away from public schools and disproportionately benefits the highest-income taxpayers. Preservation of a strong public education system with local controls is one of the most effective tools available in promoting equality of opportunity for women and girls. Passed: 230-198: R 215-8; D 15-189, October 23, 1997. (N = +).

Lesbian Rights

18. DISCRIMINATION IN FEDERAL EMPLOYMENT - Hefley Amendment to FY 99 Commerce, Justice, State Appropriations Bill. Rep. Joel Hefley's (R-CO) amendment was aimed to overturn President Clinton's May 28, 1998 Executive Order (EO) banning workplace discrimination based on sexual orientation. The order would have standardized federal government policy by adding sexual orientation to the list of protected categories where discrimination is currently prohibited. Rep. Hefley claimed that the Executive Order granted "special privileges" to gays and lesbians, clearly a distortion of the intent that is to assure equal treatment. Failed 176-252: R161-63; D 15-188, August 5, 1998. (N = +)
 

19. EQUAL HEALTH CARE BENEFITS - Riggs Amendment to FY 99 Veterans Administration and Housing Appropriations Bill. Passage of Rep. Frank Riggs' (R-CA) amendment that prohibits federal funds from being distributed to any locality that requires private companies and organizations contracting with the local government to provide health care benefits to unmarried domestic partners of employees. This amendment is an unwarranted imposition of federal control on the autonomy of cities in determining personnel and contracting policies and would perpetuate discrimination. Passed 214-212: R 189-33; D 25-178, July 29, 1998. (N = +)

Women's Health

20. PATIENT'S RIGHTS - Patient Protection Act, H.R. 4250. This legislation is purported to provide patient protections under Health Maintenance Organizations (HMOs). Its backers claim that it would expand access and cut costs of health care through medical savings accounts as well as allow for third party appeals so patients could challenge decisions made by health plan administrators. A chief drawback is that it would not have allowed for individuals to sue health plans under state law for personal injury or wrongful death. Critics say that the "patient protections" claimed by its supporters are illusory and do not go far enough in clamping down on abuses. The bill was particularly criticized as it did not promote HMO accountability, nor allow patients to see outside specialists, nor require that health plans have an adequate number and variety of health care providers, nor require insurance companies to pay for emergency services -- as a competing bill, H.R. 3605, the Patients' Bill of Rights Act, would do. For women, H.R. 3605 would allow direct access to ob-gyn services, promote access to clinic trials, provide wide allowance for doctors to prescribe prescription drugs. The Patients' Bill of Rights Act would significantly improve managed care for women and their families, by establishing enforceable federal standards to assure a minimum level of quality and consumer protection. The 105th Congress refused to put H.R. 3605 to a vote, however. H.R. 4250 passed 216-120: R 213-3; D 12-197, July 24, 1998. (N = +)

United States Senate, 105th Congress

VOTE DESCRIPTIONS

 
 

Women's Equality

1. EQUAL RIGHTS AMENDMENT - S. J. Res. 24, A joint resolution proposing an amendment to the Constitution of the United States relative to equal rights for women and men, sponsored by Sen. Ted Kennedy (D-MA) and 17 sponsors. A measure allowing additional time for three more states to ratify the Equal Rights Amendment, thus meeting the constitutional amending requirement of three-fourths of the states ratifying. In 1972, a limitation of seven years was placed on the amount of time permitted for ratification of the ERA (three more years were later added) -- a restriction that has been applied to only two proposed amendments and one which was clearly designed to prevent ratification. The ERA is still very much needed as there is no explicit guarantee of equal protection under the law for women in the U.S. Constitution. Discrimination against women persists in pensions, insurance, tax laws, health care, military service, education and employment. Despite pervasive and long-standing inequalities, S.J. Res. 24 never received a hearing in the 105th Congress. Sponsorship is counted as a vote for purposes of this analysis as a "+" and as an "Y." (Y = +)

2. CEDAW - Ratification of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). In 1979, the United Nations adopted the CEDAW, as an outgrowth of the First World Conference of Women in Mexico City in 1975. The Convention is a comprehensive statement addressing women's rights within political, cultural, economic, social and family life and expresses a signatory's intention to uphold those rights. As of April 1998, 161 countries had ratified the Convention. The United States is one of the very few developed nations to have not ratified CEDAW, an action that must be taken by the Senate. Hearings were held five years ago when 68 senators signed a letter to President Clinton asking him to take necessary steps to ratify. In 1994, the Senate Foreign Relations Committee reported out favorably the Convention, but the Senate leadership failed to bring it to a floor vote before adjournment. The elections of 1994 brought an anti-woman majority to Congress and the CEDAW remains locked up in the same committee, now chaired by Sen. Jesse Helms (R-NC), an arch opponent of women's rights. Further, series of formal caveats or limitations called Reservations, Declarations and Understandings (RDUs) have been attached to CEDAW by this administration which tend to undermine the Convention's strong statement against discrimination. Positions recorded in this analysis reflect the results of a specially conducted assessment of Senate members on their position concerning ratification, finding 54 favored and 46 unknown/leaning or opposed. (Y = +)

3. PAY EQUITY - Fair Pay Act, S. 232, Sen. Tom Harkin (D-IA) and eight co-sponsors, and the Paycheck Fairness Act, S. 71, sponsored by Sen.Tom Daschle (D-SD), and 25 co-sponsors. These to bills would greatly advance the cause of pay equity for women but were never given a hearing in the 105th Congress. S. 232 would amend the Fair Labor Standards Act of 1938 to prohibit discrimination in wages paid to employees within a workplace in equivalent/ comparable jobs solely on the basis of a worker's sex, race or national original. It would require employers to preserve records on wage setting practices and file reports with the Equal Employment Opportunity Commission, among other requirements. S. 71 amends the Equal Pay Act of 1963 (affecting only federal government employees) and the Civil Rights Act of 1964 to provide more effective remedies for women who are not paid equal wages for equal work -- the weaker of the two bills. When the Equal Pay Act was passed women were earning 57 cents for every men's dollar earned; in 1996 women were earning 74 cents to every man's earned dollar -- an increase of about a half cent a year. At that agonizingly slow rate, it will take another 50 years for parity to be achieved! Co-sponsorship is counted as a "Y". (Y = +)

Reproductive Rights

4.ABORTION BAN - The "Partial Birth" Abortion Ban, H.R. 1122. This legislation is a stealth action by abortion rights opponents to stop all abortions and would be the law of the land currently, if it were not for a mere three votes in the Senate that sustained President Clinton's veto. "Partial-birth" abortion is a political - not a medical -- term that is designed to mislead the public about the actual nature of medically necessary abortion procedures. Earlier versions of the ban would have been applied only to a specific procedure that is used in advanced pregnancy and performed when there is a serious threat to the life/health of the woman or when there is severe fetal deformity. However, the vague wording used in an amended H.R. 1122 means that before- and after-viability abortions are prohibited, with no exception for the life/health of the woman. Court challenges to state versions of the federal ban have found that this type of ban covers the safest and most common abortion procedures used throughout pregnancy. (And 19 of 20 state bans have been enjoined or severely limited by the courts.) Stiff fines and imprisonment are specified for physicians who violate its provisions -- and, because the language appears to apply to nearly all procedures at any point during a pregnancy, most doctors will not risk possible consequences. The vote recorded here was to override President Clinton's veto. A two-thirds majority of those present and voting is required. Failed 64-36, R 51-4; D 32-13, September 18, 1998 (N = +).

5. MILITARY WOMEN AND ABORTION - Murray Amendment to S. 2057, Defense Department Appropriations Bill. Sens. Patty Murray (D-WA) and Olympia Snowe (R-ME) offered an amendment which repeals the restriction on the use of Department of Defense facilities for abortions. The measure was identical to the one offered by Reps. Lowey and Harman in the House which was also defeated. Failed 44-49, June 25, 1998. (Y = +).

6. INTERNATIONAL FAMILY PLANNING - H.J. Res. 36, Approving the Presidential Finding Regarding International Family Planning. This resolution expressed the sense of Congress that constraints placed on the release of U.S. funds to international family planning and population assistance programs should be removed. The anti-family planning majority in the House had previously limited the distribution to family planning programs in developing countries to 8% of the total each month and delayed release by nine months-- a move clearly designed to strangle program operations. They had also slashed overall funding by 35% and re-imposed the Mexico City policy. The vote came after a Presidential finding that the metering of funds was seriously hampering these programs. A Rockefeller Foundation report, released prior to the vote, found that the $190 million cut in family planning assistance was estimated to result in four million additional unplanned pregnancies, two million unplanned births, 134, 000 infant deaths, 8,000 deaths among women in pregnancy and childbirth, and 1.6 million abortions. With 800 million adolescents coming of age in the year 2000, such actions to limit family planning and population assistance will contribute to increased misery, hunger, early death, environmental degradation and political instability in numerous developing nations, the report concluded. Passed: 53-46, February 25, 1998. (Y = +)

Women's Safety

7. VIOLENCE AGAINST WOMEN - The Violence Against Women Act of 1998, S. 2110, Sens. Joe Joe Biden (D-DE) and Arlen Specter (R-PA), with 25 co-sponsors, and the Battered Women's Employment Security Act of 1998, S. 2558, sponsored by Sens. Patty Murray (D-WA) and Paul Wellstone (D-MN). A comprehensive package of provisions which addresses problems of domestic violence, rape and sexual assault through community-based programs providing referral, shelter, counseling, public education, victim services and law enforcement assistance. Many programs enacted in the 1994 Violence Against Women Act would be re-authorized, including the National Domestic Violence Hotline that receives up to 10,000 calls for help each month, grants to encourage police arrest policies for perpetrators, the STOP grant program that assists in the development of a coordinated community response among police, courts and social service providers and others. New programs focusing on combating violence in the workplace are featured H.R. 3514. About a third of the bill, representing close to a billion dollars worth of funding over five years, was passed by the House as part of the Sexual Predators Bill - which ultimately did not pass the Senate. Co-sponsorship of S. 2110 and S. 2558 is counted as a "+". (Y = +)

8.HATE CRIMES - Hate Crimes Prevention Act of 1998, S. 1529, sponsored by Sen. Ted Kennedy (D-MA) and 33 co-sponsors. Current federal law (18 U.S. C. , Sec. 245) provides for the prosecution of hate crimes on the basis of race, ethnicity, religion or national origin. S. 1529 would amend the statutes to permit federal prosecution for violent bias crimes based on sex, sexual orientation and disability and would expand the circumstances in which federal hate crimes prosecution could be brought. The addition will cover some of the most heinous crimes of domestic violence, sexual assault and other types of violent acts against women. These would include serial rapes and battering, murders with other defining characteristics such as mutilation, and other violent acts that bear the typical features of a hate crime. One important reason for expanding federal hate crimes statutes is the frequently reported problem of local law enforcement officials not taking such crimes seriously. Also, many states do not include criminal prohibitions against hate crimes for reasons of sex bias. The Senate and House Judiciary Committees held a joint hearing on the hate crimes bill, but both failed to take any subsequent action and the measure died with Congress' adjournment. Co-sponsorship is recorded as a "+" . (Y = +)

Economic Security

9. AFFIRMATIVE ACTION - McConnell Amendment to S. 1173/H.R. 2400 . Vote to defeat Senator Mitch McConnell's (R-KY) amendment which would have supplanted the Disadvantaged Business Enterprise (DBE) program with one for "emerging businesses." The DBE program aids businesses owned by women and people of color in the transportation field. Passed 58-37, March 6, 1998. (Y = +)

10. CHILD CARE - Kerry-Bond Amendment to S. 1415, the Tobacco tax bill. Vote to defeat the amendment offered by Reps. John Kerry (D-MA) and Kit Bond (R-MO) which earmarks 50% of the federal share of the money going to the states from the tobacco tax bill specifically for child care and after-school programs. The amendment would provide a critical increase in the amount of federal funding for child care. It would also be an important first step in recognizing the desperate need for affordable, accessible, high quality child care in this country. Key vote here was a motion to table Kerry Amendment No. 2689 that was rejected, but then the Senate was unable to come to an agreement on the tobacco tax. This important expansion of child care services was to have been funded from tobacco tax revenues. The vote to oppose the motion to table the amendment was a vote in favor of expanding child care. Failed 33-66, June 11, 1998. (N = +)

11. FOOD STAMPS - Motion to recommit, S. 1150, title, FY 99 Agriculture Appropriations bill. This action was a key vote intended to continue denying food stamps to legal immigrants -- many aged or disabled. The motion was to send the bill which re-authorizes federal agriculture research programs back to a House-Senate conference committee, with instructions to drop the restoration provision. The bill includes a provision to restore food stamp benefits to 250,000 legal immigrants who lost them under the 1996 welfare law. A vote for the motion is a vote against restoring food stamps eligibility for legal immigrants. Rejected 23-77, May 12, 1998. (N = +).

12. BANKRUPTCY - The Consumer Bankruptcy Reform Act of 1998, S. 103 (H.R. 3150) The Senate adopted the more regressive House version, H.R. 3150. Passage of the bill that amends title 11 of the United States Code regarding bankruptcy. Among many regressive features, this bill effectively elevates credit card debt to a level similar to child support when a debtor files for bankruptcy protection. Women owed past due child support and alimony would +have to compete with huge credit card companies to collect from a former partner's limited income. H.R. 3150 also seriously disadvantages debtors in efforts to re-organize their finances and increases the power of large banking institutions - which exerted considerable pressure on Congress to pass this special interest legislation. Older persons, farmers and small businesses would also be adversely affected. The bill ultimately failed because of presidential veto threat and the inability of Conferees to come to an agreement. Passed 97-1, September 23, 1998 (N = +)

13. MINIMUM WAGE - Kennedy Minimum Wage Amendment to S. 1301, the Bankruptcy "Reform" bill. The amendment was identical to the Fair Minimum Wage Act of 1998 (S. 1805) and would raise the minimum wage by $1.00 over two years for the nearly 12 million Americans who work full time, year round jobs and still earn only $10,712 per year -- $2,600 below the poverty level for a family of three. Nearly 60 percent of minimum wage workers are women. Motion to table the amendment. Passed 55 to 44, September 22, 1998 (N = +)

14. COMP TIME - Family Friendly Workplace Act , S. 4. This is the Senate version of the Working Families Flexibility Act, H.R. 1, amending key provisions of the Fair Labor Standards Act of 1938. S. 4 would undermine the 40-hour work week and gives employers considerable control over whether to provide compensatory time instead of paid overtime. Employers would also be given considerable control over when to allow overtime compensation -- a provision that diminishes employee rights. The measure, if passed would have resulted in lost wages and benefits to low-wage workers -- many of whom are women. A fairer and more appropriate solution to the need for flexibility in working hours would have been an expanded Family And Medical Leave Act (FMLA), covering smaller companies and offering employees more options to meet family needs, without losing pay or benefits. But, this Congress refused to take up such legislation. Motion to invoke cloture on modified committee substitute amendment to S. 4 (3/5th of Senate vote required). Failed 51-47, June 4, 1997. (Y = +)

Education

15. SINGLE SEX SCHOOLS - Hutchison amendment to H.R. 2646, the Education Savings Act for Public and Private Schools - that would allow local education agencies to establish single-sex schools and classes, utilizing federal funds. Sen. Kay Bailey Hutchison's (R-TX) sex segregation amendment lets school districts use public funds to reinstate sex discrimination in education -- an attack on the inclusiveness that has always been the hallmark public education. Single sex education supporters claim that boys and girls can't learn well together. Sex segregation lets school officials evade their responsibility for maintaining a positive learning environment to which all students are entitled. It also teaches boys that they will be rewarded for bullying girls by not having to compete with them. Current efforts to re-institutionalize single sex schools are a backlash to a woman' s right to equal opportunity and must be strongly opposed. H.R. 2646, the Education Savings Account bill (described in the House analysis) Hutchison amendment passed 69-29, April 21 or 22, 1998. (N = +)

16. WELFARE RECIPIENTS - Wellstone Amendment to S. 1882, the Higher Education Act. Passage of Sen. Paul Wellstone's (D-MN) amendment that extends time limits on vocational education from 12 to 24 months for teen parents on welfare who are pursuing post-secondary education. The provision would allow teenagers receiving Temporary Assistance to Needy Families (TANF, welfare benefits) to continue their education as defined as a "work activity" for a longer period of time. NOTE: the Higher Education Act also contained several provisions of the campus safety requirements which were proposed in the Violence Against Women Act of 1998 - several of the very few new anti-violence measures adopted by the 105th. Passed 56-42, July 9, 1998. (Y = +).

17. EDUCATION IRA - Education Savings Act for Public and Private Schools, H.R. 2646. This legislation allows persons to use tax-free money from education individual retirement accounts (IRAs) for elementary and secondary school expenses. The bill also increases the maximum amount one can contribute to such accounts each year. H.R. 2646 (the Senate adopted the House version) diverts limited federal resources away from public schools and disproportionately benefits the highest-income taxpayers. Preservation of a strong public education system with local controls is one of the most effective tools available in promoting equality of opportunity for women and girls. Passed 56-43, April 23, 1998. (N = +).

Consumer Rights

18. PRODUCT LIABILITY - Product Liability Reform Act of 1997, S. 648. This legislation sets an arbitrary cap on the amount of lawsuit damages that could be assessed on small businesses and places a higher burden of proof on plaintiffs, thus making it very difficult to win a case. In key areas, the bill would pre-empt stiffer state laws protecting consumers and grants practical immunity to the suppliers of raw materials for medical implants. S. 648 also grants a number of exemptions and protections for various industries, including gun manufacturers, and others who may produce dangerous or defective goods. Women, especially, would be negatively impacted by the type of constraints on consumer rights proposed in this bill, because such items as medical devices (like IUDs) would be affected. S. 648 was a product of extensive negotiations between the administration, Congressional leaders and business interests; consumer groups were not given any opportunity for input. A vote was taken to limit debate and proceed to consideration of S. 648. However, it failed and the bill died. A three-fifths majority was required to continue discussion of the bill. Rejected 51-47, July 7, 1998. (N = +).

Women's Health

19. FDA OVERHAUL - Food and Drug Administration Modernization and Accountability Act of 1997, S. 830. Passage of the bill that revamps the Food and Drug Administration (FDA) review and approval process for pharmaceutical drugs and medical devices, by setting shorter periods for assessment of products and placing more responsibility on manufacturers for proving safety and efficacy. Among other constraints, the bill would prevent the FDA from questioning alternative uses of medical devices that are not covered by a product's label. Because women rely more on pharmaceutical products, they are more at risk when a medical drug or device is insufficiently evaluated. Passed 98-2, September 24, 1997. (N = +).

20. PATIENTS' RIGHTS - Patient Protection Act, S. 2330/(H.R. 4250). This legislation is purported to provide patient protections under Health Maintenance Organizations (HMOs). Its backers claim that it would expand access and cut costs of health care through medical savings accounts as well as allow for third party appeals so patients could challenge decisions made by health plan administrators. A chief drawback is that it would not have allowed for individuals to sue health plans under state law for personal injury or wrongful death. Critics say that the "patient protections" claimed by its supporters are illusory and do not go far enough in clamping down on abuses. The bill was particularly criticized as it did not promote HMO accountability, nor allow patients to see outside specialists, nor require that health plans have an adequate number and variety of health care providers, nor require insurance companies to pay for emergency services as a competing bill -- S. 1890, the Patients' Bill of Rights Act -- would do. For women, S. 1890 would allow direct access to ob-gyn services, promote access to clinical trials and provide wide latitude for doctors to prescribe prescription drugs. The Patients' Bill of Rights Act would significantly improve managed care for women and their families, by establishing enforceable federal standards to assure a minimum level of quality and consumer protection. The 105th Congress refused to put S. 1890 to a vote, however. Motion to invoke cloture to end the debate and bring the bill to a vote was not successful (three-fifths vote needed). Failed 50-47, October 9, 1998 (N = +)

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