Items with significant changes and action needed
On Wednesday, June 28th, the House Commerce, Justice, State and Judiciary Appropriations Subcommittee removed $100 million of money allocated for Violence Against Women Act programs. Violence Against Women Act programs were authorized to receive $176.7 million from this subcommittee in FY1996; the subcommittee allocated only $75 million. Programs covered by this committee include training for law enforcement and judiciary officials on violence issues, programs for victims of child abuse, judicial training on child abuse, and programs to address stalking and campus sexual assault. The full appropriations committee failed to restore any VAWA funding when they met on July 19 even though Rep. Nita Lowey (D-NY) offered an amendment to do so. Yet when this appropriations bill came to the House floor, Republicans agreed on a voice vote to restore $50 million to VAWA programs. Final tally: VAWA received $125 million of the over $175 million authorized for FY 1996 in this bill.
On July 11, the Labor/HHS/Education Appropriations subcommittee marked up a bill which allocated only $400,000 of the $61.9 million authorized for VAWA programs. [Note: actual authorization totals for all violence against women programs in this bill totalled $96.9 million. The difference is due to separate funding pools for battered women's shelters. Funding comes from two different sources: the Family Violence and Prevention Services Act, which authorized $35 million, and VAWA with an additional $15 million authorized. In the final analysis, $32.645 million was allocated for the Family Violence authorization; $0 was allocated for the VAWA authorized $15 million]. When the full Appropriations committee began their mark up of the bill on July 20, Republicans agreed to restore $40 million to VAWA programs under threat of an amendment by Rep. Nita Lowey. No change was made in this bill to VAWA programs when the bill came to the House floor. Final tally: $40.4 million allocated of the $61.9 million authorized for VAWA [if you add the Family Violence funding source to the total, $73.045 million of the $96.9 million combined authorizations for FY 1996].
ACTION NEEDED:
We made an impact on the House side; we now need to restore VAWA programs to full funding when they reach the Senate. The following Senators are on the respective Appropriations subcommittees which will handle these bills first. If your Senator is on one of these subcommittees, contact them immediately and urge them to fully fund all VAWA programs in their bills. The Senate will be on a fast track to pass appropriations bills when they return from their August recess; we don't have much time to spare.
Senate Commerce, State, Judiciary Subcommittee members:
Republicans: Phil Gramm,, Chair; Ted Stevens, ; Mark Hatfield, OR; Pete Domenici, NM; Mitch McConnell, KY; Conrad Burns, MT
Democrats: Ernest Hollings, SC, Ranking Member; Daniel Inouye, HI; Dale Bumpers, AR; Frank Lautenberg, NJ; Robert Kerrey, NE
Senate Labor, HHS, Education Subcommittee members:
Republicans: Arlen Specter, PA, Chair; Mark Hatfield, OR; Thad Cochran, MS; Connie Mack, FL; Chris Bond, MO; Jim Jeffords, VT; Judd Gregg, NH
Democrats: Tom Harkin, IA, Ranking Member; Robert Byrd, WV; Ernest Hollings, SC; Daniel Inouye, HI; Dale Bumpers, AR; Harry Reid, NV; Herbert Kohl, WI
On July 31, in an unprecedented move, the Senate Ethics committee deadlocked along party lines and thus denied public hearings in the Packwood case. On August 2, Senator Barbara Boxer (D-CA) then followed through on her promise to bring a resolution to the Senate floor for a vote calling for public hearings. On an almost party-line vote, the resolution was defeated 48-52 (Daniel Patrick Moynihan was the only democratic to vote against it; Republicans Olympia Snowe, William Cohen and Arlen Specter voted in favor -- the final vote is attached at the back of this Update). NOW held a zap action outside the Senate offices on Thursday, the same day two new allegations against Senator Packwood surfaced -- one by a minor at the time of the allegation -- and the Ethics Committee delayed its final recommendation on the case until September so as to "investigate" these new charges. In light of the new allegations, Senator Boxer has stated she may call for another vote on public hearings when the Senate returns to Washington in September.
ACTION NEEDED : The decision against public hearings as well as the vote on the Senate floor is outrageous and unjust. The Senate pursues witchhunts via hearings on Waco and Whitewater, yet public hearings on substantiated charges against one of their own is kept behind closed doors. During the August recess, we need to pour on the pressure. Targets: Ethics Committee republicans: Mitch McConnell, R-KY, Chair; Robert Smith, R-NH; Larry Craig, R-ID; senators who voted against Boxer's resolution; and Majority Leader Bob Dole, for leading the opposition against Boxer's resolution. Tell them you're angry about their opposition to pubic hearings, that these new allegations show this case is not settled, and to change their minds and support Barbara Boxer if she brings another vote on the issue. Also, thank those senators who did vote correctly and urge them to again support Boxer if she calls for another vote.
Structure
*Entitlements to Child Care, AFDC cash benefits, child welfare and jobs programs are eliminated; these programs are consolidated into one block grant, which are capped at FY94 spending levels for five years. Food stamps may also be block granted to the states at their option
Growth Formula for States
*States who qualify as a "high growth" state can receive a 2.5% increase, from the amount received the previous fiscal year, in their block grant for each of the fiscal years 1997, 1998, 1999 and 2000.
Child Exclusion
(The Finance Committee bill implicitly allowed states to deny benefits while the Leadership bill explicitly grants states these options)
*Single teen mothers must live at home, attend school, and states have the option to deny benefits to teen moms.
*States have the option to deny payments for additional children born while receiving welfare benefits.
*State option to penalize recipients who do not cooperate in establishing paternity (the House bill penalizes recipients with a reduction in benefits; the Senate Finance bill penalizes the state for not reaching paternity establishment goals.)
Time Limits
*5 year lifetime (earlier at state option), must work as soon as state deems "work ready" or 2 years, whichever is earlier.
Work Participation Rates
*FY 1996-25%
*FY 2002-50%
The penalty to the states for not reaching these levels is the same as the House and Finance Committee Welfare bills, 5%.
Child Welfare Programs
*Eliminated; programs rolled into a block grant to the states.
Child Care
*No federal mandate for child care, even for work activity participants; states have complete discretion on how to spend their money for child care programs.
ACTION NEEDED : All Senators need to be urged to oppose the leadership bill; it is too fundamentally flawed to be repaired. It is also now time to call President Clinton and ask him to veto any welfare bill that will hurt poor women and children. Senators can be reached through 202-224-3121 and President Clinton can be reached at 202-456- 1111.
The Department of Defense Authorization bill came to the House floor on June 14 with the restored prohibition against any abortions being performed at military facilities, even if paid for with private funds. Rep. Rosa DeLauro offered an amendment to strike the language on June 15 which failed by a vote of 196-230. Yet the Senate Armed Services committee provided some ray of hope on June 22 as they marked up the same bill. Senator Chuck Robb offered a motion to strike the restrictive language from the bill and it passed 11-10 (with all Democrats except James Exon (D-NE) voting with us and all Republicans except William Cohen (R-ME) and Kay Bailey Hutchison (R-TX) voting against. The next step is the Senate floor; urge your Senators to keep this restrictive language out of the Senate bill.
The House Treasury/Postal Appropriations subcommittee marked up its bill on June 28 with language reinstating the restriction on federal health insurance policies from paying for abortions. Rep. Steny Hoyer (D-MD) offered a motion to strike the restriction on the House floor on July 18; the motion failed 188-235. On the Senate side, the Treasury/Postal Appropriations bill did not have the abortion restriction when it came out of committee; when the bill came to the floor in a rare Saturday session on August 5, a Committee amendment to the bill included a recommendation that the abortion restriction from the House bill be removed. A vote was taken to strike the restriction passed 52-41. But then Senator Don Nickles (R-OK) offered a modified amendment which stated that federal employees health insurance plans could not pay for abortions except in the cases of rape, incest or life of the woman, which passed 50-44. Senator Barbara Mikulski offered an amendment which further elaborated Nickles list to include "or when the abortion is determined to be medically necessary". It failed 45-49. The House Commerce/State/Justice Appropriations subcommittee marked up its bill on June 28 as well, reinstating another restriction on federal funds being used to pay for abortions for women in prisons. DC Delegate Eleanor Holmes Norton offered a motion to strike this restriction on the House floor on July 26; it was defeated 146-281. The Senate has not yet acted on the Commerce, State, Judiciary bill.
The House Labor/HHS/Education Appropriations subcommittee marked up their bill on July 11 with Title X funding at $193 million and Medicaid abortions as in current law. However, when the full Appropriations Committee started to mark up the bill on July 20, it became a free for all for the anti-abortion, anti-family planning agenda.
The first blow came from Appropriations chair, Bob Livingston (R-LA), who offered an amendment to eliminate the Title X family planning program and transfer its money to two existing block grants, Maternal and Child Health and Migrant and Community Health centers. Neither program requires that money be spent for family planning. The amendment passed 28-25. The second battle was a complete ban on federal funding of human embryo research pushed by Jay Dickey (R-AR) and Roger Wicker (R-MS); it passed 30-23. Tom DeLay (R-TX) offered an amendment which undermines ACGME requirements that require OB/GYN residency programs to provide training in abortion procedures (with religious and moral objections). The amendment continues to treat institutions who do not provide training as accredited for purposes of reimbursement for Medicare, HEAL Loan forgiveness and state licensure of physicians. The amendment passed 29-25. And Rep. Ernest Istook offered his amendment to make payment of Medicaid abortions in cases of rape and incest a state option, retroactive to 1993 when rape and incest were added to the Medicaid policy on abortions. That amendment passed 29-23.
When the Labor/HHS/Education bill came to the House floor on August 2, divisions between moderate and conservative Republicans jeopardized passage of the entire bill due to these amendments as well as dramatic cuts in education programs and worker safety standards. Rep. Jim Greenwood (R-PA) led the fight to restore funding to the Title X family planning program. Due to a procedural agreement, Livingston had the first vote on his amendment as in the committee bill (Title X funds to existing block grants); it failed 207-221. Greenwood's amendment to restore Title X then passed 224-204. Yet this proved to be the only victory on reproductive rights related amendments. Rep. Jim Kolbe (R-AZ) tried to strike the Medicaid language; it failed 206- 215. Rep. Greg Ganske (R-IA) tried to strike the ACGME language and was defeated 189-235. No one offered an amendment to strike the human embryo restriction.
ACTION NEEDED : All of these amendments are potential threats when the Senate starts work on its appropriations bill. Contact members of the Labor/HHS/Education subcommittee (see list under VAWA section) if your senator sits on that committee. Ask him to oppose these restrictions from the House when they mark up their bill.
Canady did introduce a bill the day of the hearings (HR 1833). The bill would ban "partial birth" abortions (with a definition so vague that it could extend to other late term procedures), making it a criminal offense if a doctor performs such a procedure. The only defense (not exemption from criminal prosecution) a doctor could make in using this technique is if the life of the woman was in danger and no other procedure was available to save her life (without regard to whether the other procedure was equally safe for the woman). Furthermore, the woman, the father of the fetus, and the maternal grandparents (if the woman is under 18) all have standing under the bill to sue the doctor for civil damages -- even if they were fully complicit and gave consent to have the procedure done.
Testimony at the hearing was very emotional. The antis used diagrams and assertions that the fetus is only "three inches from birth" when this procedure is done. On the pro-choice side, a doctor testified that this bill would interfere with good medical practice because it would prevent a doctor from using his or her best judgement in treating a patient. A woman who had had the procedure done at 7 months of pregnancy gave the most heart-wrenching testimony. It was only in the 7th month that she and her husband discovered the fetus suffered from severe fetal abnormalities, a condition known as trisomy-13. The fetus had no eyes, six fingers and toes, most of the major organs had formed outside of the body and there was no chance of life outside of the womb.
The subcommittee voted 7-5, along party lines, to pass this legislation. The full Judiciary Committee marked up the bill on Tuesday, July 18 and passed it along party lines, 20-13. Republicans rejected amendments which would have exempted the doctor from criminal prosecution if he performed the abortion to save the woman's life or danger to her health. The only significant which did pass removes standing for civil damages under the bill if any of the parties consented to the procedure. The House is expected to take up this legislation after the August recess.
ACTION NEEDED : Tell your representative to oppose this bill when it comes to the floor for a vote. This bill criminalizes medical procedures performed in cases of life or health endangerment or gross fetal abnormality. The bill goes beyond Roe v. Wade, which proscribes abortions after viability unless the woman's life or health is endangered or in cases of severe fetal abnormalities -- a direct assault under this bill. Congress has no business dictating what medical procedures doctors can and cannot use. This bill would replace medical judgment with micromanaged medical malpractice, and women will suffer for it.
Representative Gary Franks (R-CT) wanted to offer an amendment to the DOD appropriations bill ending set asides in federal contracts for minority-owned businesses. Originally, the House leadership supported such an amendment. Yet when the bill went to Rules Committee, the leadership pressured Franks not to offer his amendment and it was not allowed on the floor.
Representative Charles Canady (R-FL) introduced HR 2128 on the House side, in conjunction with Senator Bob Dole (R-KS) who introduced S. 1085, both which effectively end all federal affirmative action programs. Senator Dole's bill (S.1085), which has been referred to the Senate Labor and Human Resources Committee, ends set asides for minority- and women-owned businesses in federal contracts, prevents consideration of race or gender in hiring practices, and drastically limits the use of litigation as a device to end known discrimination in the private sector.
On July 20, Senator Phil Gramm (R-TX) started on his threat to add anti-affirmative action amendments to all appropriations bills. He offered an amendment to the Transportation Appropriations bill which would have ended set asides in federal contracting. The amendment failed by a vote of 61 to 36. An alternative amendment by Senator Patty Murray (D-WA), which reaffirmed the holding of the Adarand decision, passed by a vote of 84 to 13. The Murray amendment reaffirms the use of affirmative action programs in federal contracts and states that these programs must be narrowly tailored and serve a compelling government interest.
In the face of these attacks, President Clinton, in a nationally televised speech on July 19, reaffirmed his commitment to affirmative action. The President noted that there have been some abuses of affirmative action programs, but his message was to "mend, not end" it. To this end, he has ordered a study of federal contract programs to ensure that they are correcting actual and existing discrimination.
Fractions in the Democratic Party have surfaced as well. The Progressive Policy Institute, (PPI), a think tank within the Democratic Leadership Council, introduced an anti-affirmative action proposal on August 2. The proposal, supported by Senator Liebermann (D-CT), would end the federal government's contract set aside program for minority- and women-owned businesses, the use of race or gender as a consideration in hiring practices, and drastically reduce the use of litigation by the Equal Employment Opportunity Commission (EEOC) to end known discrimination in the private sector. In place of the EEOC, the PPI proposal suggests that private, community run organizations investigate the hiring practices of private businesses and plan boycotts if they are found to be discriminatory. The PPI proposal does not outline where these community organizations would get the financial resources to effectively replace the EEOC.
ACTION NEEDED : House members should oppose the Canady bill and any attempts (such as the Gary Franks amendment) to weaken affirmative action programs. Senators should oppose the Dole bill and oppose amendments such as those offered by Senator Gramm. Democrats in particular should be asked to oppose the PPI "alternative".
Vote on Senator Barbara Boxer's Resolution on Public Hearings (8/2/95)
ALABAMA
Heflin (D) yea
Shelby (R) nay
ALASKA
Stevens (R) nay
Murkowski (R) nay
ARIZONA
McCain (R) nay
Kyl (R) nay
ARKANSAS
Bumpers (D) yea
Pryor (D) yea
CALIFORNIA
Feinstein (D) yea
Boxer (D) yea
COLORADO
Brown (R) nay
Campbell (R) nay
CONNECTICUT
Dodd (D) yea
Lieberman (D) yea
DELAWARE
Roth (R) nay
Biden (D) yea
FLORIDA
Graham (D) yea
Mack (R) nay
GEORGIA
Nunn (D) yea
Coverdell (R) nay
HAWAII
Inouye (D) yea
Akaka (D) yea
IDAHO
Craig (R) nay
Kempthorne (R) nay
ILLINOIS
Simon (D) yea
Moseley-Braun (D) yea
INDIANA
Lugar (R) nay
Coats (R) nay
IOWA
Grassley (R) nay
Harkin (D) yea
KANSAS
Dole (R) nay
Kassebaum (R) nay
KENTUCKY
Ford (D) yea
McConnell (R) nay
LOUISIANA
Johnston(D)yea
Breaux (D) yea
MAINE
Cohen (R) yea
Snowe (R) yea
MARYLAND
Sarbanes (D) yea
Mikulski (D) yea
MASSACHUSETTS
Kennedy (D) yea
Kerry (D) yea
MICHIGAN
Levin (D) yea
Abraham (R) nay
MINNESOTA
Wellstone (D) yea
Grams (R) nay
MISSISSIPPI
Cochran (R) nay
Lott (R) nay
MISSOURI
Bond (R) nay
Ashcroft (R) nay
MONTANA
Baucus (D) yea
Burns (R) nay
NEBRASKA
Exon (D) yea
Kerrey (D) yea
NEVADA
Reid (D) yea
Bryan (D) yea
NEW HAMPSHIRE
Smith (R) nay
Gregg (R) nay
NEW JERSEY
Bradley (D) yea
Lautenberg (D) yea
NEW MEXICO
Domenici (R) nay
Bingaman (D) yea
NEW YORK
Moynihan (D) nay
D'Amato (R) nay
NORTH CAROLINA
Helms (R) nay
Faircloth (R) nay
NORTH DAKOTA
Conrad (D) yea
Dorgan (D) yea
OHIO
Glenn (D) yea
DeWine (R) nay
OKLAHOMA
Nickles (R) nay
Inhofe (R) nay
OREGON
Hatfield (R) nay
Packwood (R) nay
PENNSYLVANIA
Specter (R) yea
Santorum (R) nay
RHODE ISLAND
Pell (D) yea
Chafee (R) nay
SOUTH CAROLINA
Thurmond (R) nay
Hollings (D) yea
SOUTH DAKOTA
Pressler (R) nay
Daschle (D) yea
TENNESSEE
Thompson (R) nay
Frist (R) nay
TEXAS
Gramm (R) nay
Hutchison (R) nay
UTAH
Hatch (R) nay
Bennett (R) nay
VERMONT
Leahy (D) yea
Jeffords (R) nay
VIRGINIA
Warner (R) nay
Robb (D) yea
WASHINGTON
Gorton (R) nay
Murray (D) yea
WEST VIRGINIA
Byrd (D) yea
Rockefeller (D) yea
WISCONSIN
Kohl (D) yea
Feingold (D) yea
WYOMING
Simpson (R) nay
Thomas (R) nay