E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 104 CONGRESS, FIRST SESSION

Vol. 141 WASHINGTON, FRIDAY, SEPTEMBER 15, 1995 No. 144 House of Representatives The House was not in session today. Its next meeting will be held on Monday, September 18, 1995, at 10:30 a.m. Senate FRIDAY, SEPTEMBER 15, 1995

(Legislative day of Tuesday, September 5, 1995)

The Senate met at 9:15 a.m., on the work You have given us to do. In the FAMILY SELF-SUFFICIENCY ACT expiration of the recess, and was called name of our Lord. Amen. The PRESIDING OFFICER. Under to order by the President pro tempore f the previous order, the Senate will now [Mr. THURMOND]. resume consideration of H.R. 4, which RECOGNITION OF THE ACTING the clerk will report. PRAYER MAJORITY LEADER The assistant legislative clerk read The Chaplain, Dr. Lloyd John as follows: Ogilvie, offered the following prayer: The PRESIDENT pro tempore. The A bill (H.R. 4) to restore the American acting majority leader is recognized. Let us pray: family, reduce illegitimacy, control welfare spending, and reduce welfare dependence. Almighty God, whose mercies are SCHEDULE new every morning, we praise You for Mr. SANTORUM. Thank you, Mr. The Senate resumed consideration of Your faithfulness. You are the same President. For the information of all the bill. yesterday, today, and forever. Thank Senators, the Senate will immediately Pending: You for the strength, security, and se- Dole modified amendment No. 2280, of a resume the consideration of the welfare perfecting nature. renity You provide in the midst of the reform bill. As a reminder to all Sen- Subsequently, the amendment was further strain and stress of heavy responsibil- ators, following 10 minutes of debate modified. ities and long hours. Refresh us phys- this morning there will be a rollcall Daschle amendment No. 2672 (to amend- ically and renew our minds. Give us vote on or in relationship to the Binga- ment No. 2280), to provide for the establish- light when our vision is dim, courage man amendment, to be followed by a ment of a contingency fund for State welfare when we need to be bold, decisiveness series of rollcall votes with 10 minutes programs. when we are tempted to equivocate, Faircloth amendment No. 2608 (to amend- of debate between each vote. ment No. 2280), to provide for an abstinence and fresh hope when others are discour- f education program. aged. Help us to listen to You so that Simon amendment No. 2509 (to amendment our decisions are guided by how we per- RESERVATION OF LEADER TIME No. 2280), to eliminate retroactive deeming ceive You would have us decide. Also requirements for those legal immigrants al- make us more attentive listeners to The PRESIDING OFFICER (Mr. ready in the United States. each other so that we may be receptive INHOFE). Under the previous order, the Simon amendment No. 2681 (to amendment to the deeper truth You give when leadership time is reserved. No. 2280), to provide grants for the establish- ment of community works progress pro- there is honest, open debate. Give us f grams. unity in diversity and the oneness of a Simon amendment No. 2468 (to amendment shared patriotism. Keep us from the APPOINTMENT BY THE PRESIDENT No. 2280), to provide grants for the establish- grimness of taking ourselves too seri- PRO TEMPORE ment of community works progress pro- ously and not taking You seriously grams. enough. You hold us together when The PRESIDING OFFICER. The Graham amendment No. 2568 (to amend- ideas, policies, and points of view Chair, on behalf of the President pro ment No. 2280), to set national work partici- would divide us. Help us to reach out to tempore, pursuant to Public Law 99– pation rate goals and to provide that the Secretary shall adjust the goals for individ- one another to affirm our oneness of 498, appoints Dr. Robert N. Kelly, of ual States based on the amount of Federal our faith in You and our high calling to Kansas, to the Advisory Committee on funding the State receives for minor children lead this Nation. So we commit this Student Financial Assistance for a 3- in families in the State that have incomes day to emulate Your faithfulness in the year term effective October 1, 1995. below the poverty line.

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

S 13627 S 13628 CONGRESSIONAL RECORD — SENATE September 15, 1995 AMENDMENT NO. 2483 he has had a chance to review the minutes of debate equally divided on The PRESIDING OFFICER. Under modification and if he sees a problem Bingaman amendment No. 2484, to be the previous order, there will now be 10 with it? If not, I ask unanimous con- followed by a vote on or in relation to minutes of debate equally divided on sent, again, I be allowed to modify the the amendment. the Bingaman amendment numbered amendment. The Senator from New Mexico. 2483, to be followed by a vote on or in The PRESIDING OFFICER. Is there Mr. BINGAMAN. Mr. President, this relation to the amendment. objection to the request? amendment, amendment No. 2484, I Mr. SANTORUM. We have no objec- f gather, is at the desk. I will not ask it tion to the request. In fact, as the Sen- be read. Let me explain briefly what AMENDMENT NO. 2483, AS MODIFIED ator has modified his amendment, we the amendment does. Mr. BINGAMAN. Mr. President, I ask would be willing to accept the amend- unanimous consent to send a modifica- ment without a rollcall vote. The amendment simply provides that tion of the amendment to the desk. The PRESIDING OFFICER. Without we will make our bill, this bill that The PRESIDING OFFICER. Is there objection, the amendment is so modi- Senator DOLE has proposed here, con- objection? fied. sistent with the House legislation on Mr. SANTORUM. Reserving the right The amendment (No. 2483), as modi- welfare reform in that we would pro- to object, we are still in the process of fied, is as follows: vide $100 million for each of fiscal reviewing the modification. If the Sen- On page 12, between lines 22 and 23, insert years 1997 through the year 2000 to ator can start the debate on the the following: States to help them provide treatment amendment, after we review the modi- ‘‘(2) FAMILY ASSISTANCE PROGRAM STRATE- for drug addiction and alcoholism. fication, we hope we will have no objec- GIC PLAN.— Let me review the situation we have ‘‘(A) IN GENERAL.—A single comprehensive tion to it. State Family Assistance Program Strategic as I understand it and then invite any Mr. BINGAMAN. I will be glad to do Plan (hereafter referred to in this section as correction if the manager of the bill or that, Mr. President. the ‘State Plan’) describing a 3-year strate- anybody else would like to correct my This amendment is a very simple, gic plan for the statewide program designed impression. straightforward amendment. I really to meet the State goals and reach the State This morning I put together a very do not understand how anyone can ob- benchmarks for program activities of the simple chart which demonstrates my ject to it. It simply puts in law a re- family assistance program. ‘‘(B) CONTENTS OF THE STATE PLAN.—The skill at calligraphy, but also, I think, quirement that the States receiving State plan shall include: makes the point I am trying to get at these block grants under the family as- ‘‘(i) STATE GOALS.—A description of the here. These, as I understand it, are pro- sistance block grant program that is goals of the 3-year plan, including outcome posed losses in Federal funds for drug being established in this legislation— related goals of and benchmarks for program and alcohol treatment, prevention and that they develop a plan, a plan for activities of the family assistance program. education, assuming this legislation is ‘‘(ii) CURRENT YEAR PLAN.—A description of how they are to spend that money. The passed and assuming we go forward plan is very general in the require- how the goals and benchmarks described in clause (i) will be achieved, or how progress with other budget cuts that are con- ments for what would be in the plan, toward the goals and benchmarks will be templated. but we basically say the same planning achieved, during the fiscal year in which the Let me specify how I get the figures. requirement that Senator DOLE had plan has been submitted. As I understand it, the legislation we proposed for the work force training (iii) PERFORMANCE INDICATORS.—A descrip- have here proposes to eliminate any block grants, that same kind of plan- tion of performance indicators to be used in measuring or assessing the relevant output funds for beneficiaries under SSI who ning should occur in the case of the are there by virtue of having a drug or family assistance programs. Once a service levels and outcomes of relevant pro- gram activities. alcohol abuse problem. So they are no State has its program in place, this ‘‘(iv) EXTERNAL FACTORS.—Information on longer eligible to receive SSI benefits. amendment, in my view, would help those key factors external to the program That is estimated to save the tax- both Federal and State taxpayers and and beyond the control of the State that payers $300 million. officials evaluate the success of the could significantly affect the attainment of Payments to RMA’s are also elimi- State programs through State-estab- the goals and benchmarks. nated. These are the organizations, as I lished goals and benchmarks. ‘‘(v) EVALUATION MECHANISMS.—Informa- understand it, that provide services I do not really understand any credi- tion on a mechanism for conducting program evaluation, to be used to compare actual re- and do monitoring of the problems that ble argument against it. The proposal sults with the goals and benchmarks and alcoholics and drug abusers have here is very consistent with the provi- designate the results on a scale ranging from throughout the country. That is $100 sions specified in the Government Per- highly successful to failing to reach the million. formance and Results Act of 1993, goals and benchmarks of the program. which I know Senator ROTH had a great ‘‘(vi) MINIMUM PARTICIPATION RATES.—In- We are eliminating Medicaid eligi- involvement in, to establish perform- formation on how the minimum participa- bility for alcoholics and drug abusers. ance-based program management in tion rates specified in section 404 will be sat- That is another $100 million. isfied. Then there are a series of cuts which the Federal Government. This contin- ‘‘(vii) ESTIMATE OF EXPENDITURES.—An es- ues to leave the decisionmaking, the timate of the total amount of State or local I am informed have been voted by the substantive decisionmaking, to the expenditures under the program for the fis- Appropriations Committee, the Labor, States. But under the bill as it pres- cal year in which the plan is submitted. HHS, Education Appropriations Com- ently sits before us, there is virtually Mr. BINGAMAN. Mr. President, I ap- mittee, on Wednesday. I assume those no planning required or encouraged or preciate that willingness to accept the will be agreed to here when they come ensured. States need not do any long- modified amendment. If that concludes to the full Senate. Those amount to range or strategic planning, nor do debate on this issue, I suggest we go to $108 million cut in substance abuse they need to establish any goals or a vote. block grant funding, $100 million in benchmarks. There is no accountabil- Mr. SANTORUM. I yield the remain- drug treatment demonstration pro- ity to State or Federal taxpayers as to der of my time. grams, $29 million in drug abuse pre- those goals actually being achieved. Mr. BINGAMAN. I yield the remain- vention demonstrations, and $166 mil- We are talking, in this legislation, der of my time as well. lion in drug-free school money which about block grants that add up to The PRESIDING OFFICER. All time will be eliminated. The alcohol and something over $16.8 billion in Federal is yielded back. If there be no further other health programs that Health and money each year. In my view, it is not debate, the question is on agreeing to Human Services runs we are cutting by unreasonable for us, as stewards of the amendment. $242 million. that Federal money, to at least ask for The amendment (No. 2483), as modi- So the total reduction in Federal a written document that explains how fied, was agreed to. support to States and to beneficiaries it is to be spent. AMENDMENT NO. 2484 in this area of drug and alcohol treat- So that is the essence of the amend- The PRESIDING OFFICER. Under ment prevention and education is $1.345 ment. I ask the manager of the bill if the previous order, there will now be 10 billion this next year. September 15, 1995 CONGRESSIONAL RECORD — SENATE S 13629 Mr. President, I have concerns about was 27.8 percent in the group that re- The amendment, as modified, is as that kind of drastic cut. The amend- ceived treatment, while in the 1-year follows: ment I have offered will try to help re- post-treatment period, the rate was 9.8 At the appropriate place, insert the follow- solve some of that by at least adding in percent. That is an enormous reduc- ing new title: $100 million. The $100 million is a very, tion. TITLE —COMMUNITY WORKS PROGRESS very small part of what is being lost. I I know that the majority leader is ACT think that is obvious to everybody. At concerned about how it impacts on his SEC. 00. SHORT TITLE. least it is a good-faith effort. As I un- State. The report I am referring to This title may be cited as the ‘‘Community derstand the agreement that has been says that Kansas has reported a reduc- Works Progress Act’’. worked out between the leadership on tion in legal problems on the addiction SEC. 01. FUNDING FOR COMMUNITY WORKS the Republican side and the leadership severity index comparison data be- PROGRESS PROGRAMS. on the Democratic side, the intent is to tween admission and discharge for 2,700 (a) AUTHORIZATION FOR TEMPORARY ASSIST- ANCE FOR NEEDY FAMILIES.—There is author- add in $25 million a year to offset the of its clients who received treatment ized $240,000,000 for a demonstration Commu- $1.345 billion which is being lost. To my services in fiscal year 1993. Between ad- nity Works Progress Administration up to mind, that is not a credible effort by mission and discharge, there was a 35 $240,000,000 of the amounts authorized under the Senate and it is not adequate to percent decrease in the severity of this section may be used for the purpose of what we are doing. So all I am saying legal problems for clients in treatment. paying grants beginning with fiscal years is, let us at least do what the House of Mr. President, if we are serious about after fiscal year 1997 to States for the oper- Representatives did, let us at least pro- dealing with the crime problem, we ation of community works progress pro- vide $100 million additional funds for need to maintain some level of funding grams. Such amounts shall be paid to States in accordance with the requirements of this substance abuse block grants in this here. My amendment simply provides title and shall not be subject to any require- next fiscal year and each year during $100 million in funding to offset the $1.3 ments of part A of title IV of the Social Se- the time this legislation is in law. billion which is contemplated in this curity Act. The issue here is not just whether legislation and in the appropriations (b) LIMITATIONS ON COSTS.— you like people who are beneficiaries of bill that I referred to. (1) ADMINISTRATIVE EXPENSES.—Not more this. The issue is how this impacts on I know that people are concerned than 10 percent of the amount of each grant the criminal problems we face in the about not spending too much money. awarded to a State may be used for adminis- country. I have a press release here Mr. President, this is a good invest- trative expenses. ment. If we do not spend the money (2) COMPENSATION AND SUPPORTIVE SERV- from the Department of Justice. This ICES.—Not less than 70 percent of the amount is August 9. here, we will be spending it down the of each grant awarded to a State may be The PRESIDING OFFICER. The time road in building more prison cells. used to provide compensation and supportive of the Senator has expired. That is the tradeoff, and I believe very services to project participants. Mr. BINGAMAN. Mr. President, I ask strongly that we ought to at least sup- (3) WAIVER OF COST LIMITATIONS.—The limi- unanimous consent to speak for an ad- port the House level of expenditure for tations under paragraphs (1) and (2) may be ditional 3 minutes. this drug and alcohol treatment pre- waived for good cause, as determined appro- The PRESIDING OFFICER. Is there vention and education. priate by the Secretary. objection? The PRESIDING OFFICER. The Sen- (c) AMOUNTS REMAINING AVAILABLE FOR STATE FAMILY ASSISTANCE GRANTS.—Any Mr. SANTORUM. I yield the Senator ator’s time has expired. amounts appropriated for making grants 3 minutes. Mr. SANTORUM. Mr. President, we under this title for a fiscal year under sec- The PRESIDING OFFICER. Without are still working on this amendment, I tion 403(a)(4)(A)(i) of the Social Security Act objection, it is so ordered. think, between the two leaders. And if (42 U.S.C. 603(a)(2)(A)(4)(A)(i)) that are not Mr. BINGAMAN. Mr. President, this we could set this amendment aside paid as grants to States in accordance with press release from the Department of temporarily and allow—I believe the this title in such fiscal year shall be avail- Justice, dated August 9, is entitled, Senator from Illinois is somewhere on able for making State family assistance ‘‘The Nation’s Prison Population Grew the floor and may be willing to bring grants for such fiscal year in accordance with subsection (a)(1) of such section. Almost 9 Percent Last Year.’’ When up his amendment at this point, and we SEC. ll01A. ESTABLISHMENT. you read over on page 3 of this it says: will see if we can work this out. More than a quarter of State and Fed- In the case of any fiscal year after fiscal Mr. BINGAMAN. Mr. President, I year 1997, the Secretary of Labor (hereafter eral inmates were imprisoned for drug have no objection. I believe the Sen- referred to in this title as the ‘‘Secretary’’) offenses, that is 234,600 prisoners in ator from Maine, Senator COHEN, want- shall award grants to 4 States for the estab- 1993. Prisoners serving a drug sentence ed to speak for a few moments. lishment of community works progress pro- increased from 8 percent of the State Mr. SANTORUM. There is time re- grams. and Federal prison population in 1980 maining on our side. We could allocate SEC. ll02. DEFINITIONS. to 26 percent in 1993. In Federal pris- 2 minutes. For purposes of this title: ons—this is a startling statistic; people Mr. BINGAMAN. I have no objection (1) COMMUNITY WORKS PROGRESS PROGRAM.— really should focus on this—inmates to putting the amendment aside under The terms ‘‘community works progress pro- sentenced for drug law violations were those circumstances. gram’’ and ‘‘program’’ mean a program des- ignated by a State under which the State the single largest group. Sixty percent The PRESIDING OFFICER. Without will select governmental and nonprofit enti- in 1993 of the prisoners in our Federal objection, it is so ordered. ties to conduct community works progress prisons were there for drug law viola- Under the previous order, there will projects which serve a significant public pur- tions. That was up from 25 percent in now be 10 minutes of debate equally di- pose in fields such as health, social service, 1980. vided on the Simon amendment No. environmental protection, education, urban When you look into how we deal with 2468, to be followed by a vote on or in and rural development and redevelopment, the problem of more and more people relation to the amendment. welfare, recreation, public facilities, public going into prisons for drug offenses, Mr. SANTORUM. Mr. President, I see safety, and child care. the Senator from Illinois is here. I (2) COMMUNITY WORKS PROGRESS PROJECT.— the solution is in this area. The solu- The terms ‘‘community works progress tion is in treatment, prevention, and would allow him to proceed with his project’’ and ‘‘project’’ mean an activity con- education. amendment. ducted by a governmental or nonprofit en- There is a publication which recently Mr. SIMON addressed the Chair. tity that results in a specific, identifiable came out by the National Association The PRESIDING OFFICER. The Sen- service or product that, but for this title, of State Alcohol and Drug Abuse Direc- ator from Illinois. would not otherwise be done with existing tors which makes a very compelling AMENDMENT NO. 2468, AS MODIFIED funds and that supplements but does not sup- case, that where we put these people in Mr. SIMON. Mr. President, I ask plant existing services. treatment, the incidence of criminal (3) NONPROFIT ENTITY.—The term ‘‘non- unanimous consent to modify the profit entity’’ means an organization— activity reduces very substantially. In amendment 2468. (A) described in section 501(c) of the Inter- my home State of New Mexico, they The PRESIDING OFFICER. Is there nal Revenue Code of 1986; and have estimated that the rate of DWI objection? (B) exempt from taxation under section arrests in the year before treatment Without objection, it is so ordered. 501(a) of such Code. S 13630 CONGRESSIONAL RECORD — SENATE September 15, 1995

SEC. ll03. APPLICATIONS BY STATES. (b) MEMBERSHIP.— (1) the project has no available placements; (a) IN GENERAL.—Each State desiring to (1) IN GENERAL.—Each Board shall be com- or conduct, or to continue to conduct, a com- posed of 13 members who shall reside in the (2) the individual is a single custodial par- munity works progress program under this geographic area identified by the State ent caring for a child age 5 or under and has title shall submit an annual application to under section ll03(b)(2). Subject to para- a demonstrated inability to obtain needed the Secretary at such time and in such man- graph (2), the members of the Board shall be child care, for 1 or more of the following rea- ner as the Secretary shall require. Such ap- appointed by the Governor of the State in sons: plication shall include— consultation with local elected officials in (A) Unavailability of appropriate child (1) identification of the State agency or the geographic area. care within a reasonable distance of the indi- agencies that will administer the program (2) REPRESENTATIVES OF BUSINESS AND vidual’s home or work site. and be the grant recipient of funds for the LABOR ORGANIZATIONS.—The Board— (B) Unavailability or unsuitability of in- State, and (A) shall have at least one member who is formal child care by a relative or under (2) a detailed description of the geographic an officer of a recognized labor organization; other arrangements. area in which the project is to be carried out, and (C) Unavailability of appropriate and af- including such demographic and economic (B) shall have at least one member who is fordable formal child care arrangements. data as are necessary to enable the Sec- a representative of the business community. SEC. ll07. HOURS AND COMPENSATION. retary to consider the factors required by (c) DUTIES OF THE BOARD.—The Board (a) DETERMINATION OF COMPENSATION.— subsection (b). shall— (1) IN GENERAL.—Except as provided in (b) CONSIDERATION OF APPLICATIONS.— (1) recommend appropriate projects to the paragraph (2), project participants in a com- (1) IN GENERAL.—In reviewing all applica- Governor; munity works progress project shall be paid tions received from States desiring to con- (2) select a manager to coordinate and su- the applicable Federal or State minimum duct or continue to conduct a community pervise all approved projects; and wage, whichever is greater. works progress program under this title, the (3) periodically report to the Governor on (2) EXCEPTIONS.—If a participant in a com- Secretary shall consider— the project activities in a manner to be de- munity works progress project is— (A) the unemployment rate for the area in termined by the Governor. (A) eligible for benefits under a State pro- which each project will be conducted, (d) VETO OF A PROJECT.—One member of gram funded under part A of title IV of the (B) the proportion of the population receiv- the Board who is described in subparagraph Social Security Act and such benefits exceed ing public assistance in each area in which a (A) of subsection (b)(2) and one member of the amount described in paragraph (1), such project will be conducted, the Board who is described in subparagraph participant shall be paid an amount that ex- (C) the per capita income for each area in (B) of such subsection shall have the author- ceeds by 10 percent of the amount of such which a project will be conducted, ity to veto any proposed project. The Gov- benefits; or (D) the degree of involvement and commit- ernor shall determine which Board members (B) eligible for benefits under an unem- ment demonstrated by public officials in shall have the veto authority described ployment compensation law of a State or the each area in which projects will be con- under this subsection. United States such benefits exceed the ducted, (e) TERMS AND COMPENSATION OF MEM- amount described in paragraph (1), such par- (E) the likelihood that projects will be suc- BERS.—The Governor shall establish the ticipant shall be paid an amount that ex- cessful, terms for Board members and specify proce- ceeds by 10 percent the amount of such bene- (F) the contribution that projects are like- dures for the filling vacancies and the re- fits. ly to make toward improving the quality of moval of such members. Any compensation (b) WORK REQUIREMENTS RELATED TO PAR- life of residents of the area in which projects or reimbursement for expenses paid to Board TICIPATION.— will be conducted, members shall be paid by the State, as deter- (1) IN GENERAL.— (G) geographic distribution, mined by the Governor. (A) MAXIMUM HOURS.—In order to assure (H) the extent to which projects will en- SEC. ll05. PARTICIPATION IN PROJECTS. that each individual participating in a courage team approaches to work on real, (a) IN GENERAL.—To be eligible to partici- project will have time to seek alternative identifiable needs, pate in projects under this title, an individ- employment or to participate in an alter- (I) the extent to which private and commu- ual shall be— native employability enhancement activity, nity agencies will be involved in projects, (1) receiving, eligible to receive, or have no individual may work as a participant in a and exhausted unemployment compensation project under this title for more than 32 (J) such other criteria as the Secretary under an unemployment compensation law hours per week. deems appropriate. of a State or of the United States, (B) REQUIRED JOB SEARCH ACTIVITY.—Indi- (2) INDIAN TRIBES AND URBANIZED AREAS.— (2) receiving, eligible to receive, or at risk viduals participating in a project who are (A) IN GENERAL.—The Secretary shall en- of becoming eligible to receive, assistance not receiving assistance under a State pro- sure that— under a State program funded under part A gram funded under part A of title IV of the (i) one grant under this title shall be of title IV of the Social Security Act, Social Security Act or unemployment com- awarded to a State that will conduct a com- (3) a noncustodial parent of a child who is pensation under an unemployment com- munity works progress project that will receiving assistance under a State program pensation law of a State or of the United serve one or more Indian tribes; and funded under part A of title IV of the Social States shall be required to participate in job (ii) one grant under this title shall be Security Act, search activities on a weekly basis. awarded to a State that will implement a (4) a noncustodial parent who is not em- (c) COMPENSATION FOR PARTICIPANTS.— community works progress project in a city ployed, or (1) PAYMENTS OF ASSISTANCE UNDER A STATE that is within an Urbanized Area (as defined (5) an individual who— PROGRAM FUNDED UNDER PART A OF TITLE IV by the Bureau of the Census). (A) is not receiving unemployment com- AND UNEMPLOYMENT COMPENSATION.—Any (B) INDIAN TRIBE.—For purposes of this pensation under an unemployment com- State agency responsible for making a pay- paragraph, the term ‘‘Indian tribe’’ means pensation law of a State or of the United ment of benefits to a participant in a project any Indian tribe, band, nation, or other orga- States; under a State program funded under part A nized group or community, including any (B) if under the age of 20 years, has grad- of title IV of the Social Security Act or Alaska Native village or regional or village uated from high school or is continuing stud- under an unemployment compensation law corporation as defined in or established pur- ies toward a high school equivalency degree; of a State or of the United States may trans- suant to the Alaska Native Claims Settle- (C) has resided in the geographic area in fer such payment to the governmental or ment Act (43 U.S.C.A. 1601 et seq.), which is which the project is located for a period of at nonprofit entity conducting such project and recognized as eligible for the special pro- least 60 consecutive days prior to the award- such payment shall be made by such entity grams and services provided by the United ing of the project grant by the Secretary; to such participant in conjunction with any States to Indians because of their status as and payment of compensation made under sub- Indians. (D) is a citizen of the United States. section (a). (c) MODIFICATION TO APPLICATIONS.—If (b) WORK ACTIVITY UNDER BLOCK GRANTS (2) TREATMENT OF COMPENSATION OR BENE- changes in labor market conditions, costs, or FOR TEMPORARY ASSISTANCE FOR NEEDY FAM- FITS UNDER OTHER PROGRAMS.— other factors require substantial deviation ILIES.—For purposes of section 404(c)(3) of (A) HIGHER EDUCATION ACT OF 1965.—In de- from the terms of an application approved by the Social Security act, as added by section termining any grant, loan, or other form of the Secretary, the State shall submit a 101(b) of this Act, the term ‘work activity’ assistance for an individual under any pro- modification of such application to the Sec- includes participation in a community works gram under the Higher Education Act of 1965, retary. progress program. the Secretary of Education shall not take SEC. ll04. PROJECT SELECTION BOARD. SEC. ll06. MANDATORY PARTICIPATION. into consideration the compensation and (a) ESTABLISHMENT.—Each State that re- Able-bodied individuals who reside in a benefits received by such individual under ceives a grant under this title shall establish project area and who have received assist- this section for participation in a project. a Project Selection Board (hereafter referred ance under a State program funded under (B) RELATIONSHIP TO OTHER FEDERAL BENE- to as the ‘‘Board’’) in the geographic area or part A of title IV of the Social Security Act FITS.—Notwithstanding any other provision areas identified by the State under section for more than 5 weeks shall be required to of law, any compensation or benefits re- ll03(b)(2). participate in a project unless— ceived by an individual under this section for September 15, 1995 CONGRESSIONAL RECORD — SENATE S 13631 participation in a community works progress ments of such participants in projects con- amendment which would authorize, but project shall be excluded from any deter- ducted under such program. not have a set-aside, four demonstra- mination of income for the purposes of deter- (2) DEADLINE FOR GRIEVANCES.—Except for tion WPA-type projects where people mining eligibility for benefits under a State a grievance that alleges fraud or criminal ac- would be on welfare only 5 weeks. After program funded under part A of title IV, tivity, a grievance under this paragraph title XVI, and title XIX of the Social Secu- shall be filed not later than 6 months after 5 weeks, like the WPA, the local people rity Act, or any other Federal or federally the date of the alleged occurrence of the would pick the projects. They would assisted program which is based on need. event that is the subject of the grievance. have to work 4 days a week at the min- (3) SUPPORTIVE SERVICES.—Each partici- (d) TESTING AND EDUCATION REQUIRE- imum wage. The fifth day they would pant in a project conducted under this title MENTS.— have to be out trying to find a job in shall be eligible to receive, out of grant (1) TESTING.—Each participant in a project the private sector. funds awarded to the State agency admin- shall be tested for basic reading and writing Why this is important is there is a istering such project, assistance to meet nec- competence prior to employment under such tendency that is not going to change project. essary costs of transportation, child care, vi- for the demand for unskilled labor to (2) EDUCATION REQUIREMENT.— sion testing, eyeglasses, uniforms and other go down, and an awful lot of people on work materials. (A) FAILURE TO SATISFACTORILY COMPLETE welfare are these people who are un- SEC. ll08. ADDITIONAL PROGRAM REQUIRE- TEST.—Participants who fail to complete sat- MENTS. isfactorily the basic competency test re- skilled. We are going to pay people ul- quired in paragraph (1) shall be furnished (a) NONDUPLICATION AND NONDISPLACE- timately either for being productive or counseling and instruction. Those partici- MENT.— nonproductive. I think it makes much pants who lack a marketable skill must at- (1) NONDUPLICATION.— more sense to pay them for being pro- tend a technical school or community col- (A) IN GENERAL.—Amounts from a grant ductive. provided under this title shall be used only lege to acquire such a skill. And this is an amendment, I might for a project that does not duplicate, and is (B) LIMITED ENGLISH.—Participants with add, that was passed last year. And I in addition to, an activity otherwise avail- limited English speaking ability may be fur- nished such instruction as the governmental say to the Presiding Officer that the able in the State or unit of general local gov- chief sponsor was Senator Boren. I was ernment in which the project is carried out. or nonprofit entity conducting the project deems appropriate. a cosponsor, as was Senator REID, and (B) NONPROFIT ENTITY.—Amounts from a (e) COMPLETION OF PROJECTS.— grant provided to a State under this title I think a few others on the other side (1) IN GENERAL.—A governmental or non- shall not be provided to a nonprofit entity to also. profit entity conducting a project or projects conduct activities that are the same or sub- The idea is, let us have a demonstra- under this title shall complete such project stantially equivalent to activities provided tion. Let us see what we can do if we or projects within the 2-year period begin- by a State or local government agency in try this. What is going to happen—and ning on a date determined appropriate by which such entity resides, unless the require- this would be a voluntary thing—to the such entity, the State agency administering ments of paragraph (2) are met. the project, and the Secretary. numbers if everyone after 5 weeks is re- (2) NONDISPLACEMENT.— (2) MODIFICATION.—The period referred to quired to work but is paid at minimum (A) IN GENERAL.—A governmental or non- in paragraph (1) may be modified in the dis- wage. profit entity shall not displace any employee cretion of the Secretary upon application by I would hope this would be accepted. or position, including partial displacement the State in which a project is being con- It was accepted by voice vote a year such as reduction in hours, wages, or em- ducted. ployment benefits, as a result of the use by ago. But if it is not accepted, I would ll such entity of a participant in a project SEC. 09. EVALUATIONS AND REPORTS. require a vote on it. funded by a grant under this title. (a) BY THE STATE.—Each State conducting Let me just add one other point while a community works progress program or pro- (B) LIMITATION ON SERVICES.— we are talking, Mr. President. We have grams under this title shall conduct ongoing (i) DUPLICATION OF SERVICES.—A partici- heard a lot about teenage pregnancy. I pant in a project funded by a grant under evaluations of the effectiveness of such pro- took some counties in Illinois, and you gram (including the effectiveness of such this title shall not perform any services or see a direct correlation between teen- duties or engage in activities that would oth- program in meeting the goals and objectives described in the application approved by the age pregnancy and the number of peo- erwise be performed by any employee as part ple working. of the assigned duties of such employee. Secretary) and, for each year in which such program is conducted, shall submit an an- The counties in California with a (ii) SUPPLANTATION OF HIRING.—A partici- pant in a project funded by a grant under nual report to the Secretary concerning the population over 250,000 get the same this title shall not perform any services or results of such evaluations at such time, and statistics. The same pattern is here. duties or engage in activities that will sup- in such manner, as the Secretary shall re- If we really want to do something plant the hiring of other workers. quire. The report shall incorporate informa- about teenage pregnancy, if we can put tion from annual reports submitted to the (iii) DUTIES FORMERLY PERFORMED BY AN- people to work—and I think it is not State by governmental and nonprofit enti- OTHER EMPLOYEE.—A participant in a project simply that they are occupied; I think funded by a grant under this title shall not ties conducting projects under the program. The report shall include an analysis of the it is that they have the spark of hope. perform services or duties that have been Teenage pregnancy frequently comes performed by or were assigned to any pres- effect of such projects on the economic con- dition of the area, including their effect on with hopelessness. Anyway, I think it ently employed worker, employee who re- is a worthwhile experiment. I would cently resigned or was discharged, employee welfare dependency, the local crime rate, who is subject to a reduction in force, em- general business activity (including business hope we could move in this direction, ployee who is on leave (terminal, temporary, revenues and tax receipts), and business and and I am pleased to have some support- vacation, emergency, or sick), or employee community leaders’ evaluation of the ers on that side of the aisle as well as who is on strike or who is being locked out. projects’ success. Up to 2 percent of the this side of the aisle. amount granted to a State may be used to (b) FAILURE TO MEET REQUIREMENTS.—The I hope that we can accept this. I conduct the evaluations required under this Secretary may suspend or terminate pay- subsection. would be happy to answer any ques- ments under this title for a project if the (b) BY THE SECRETARY.—The Secretary tions. Otherwise, I would yield the Secretary determines that the governmental shall submit an annual report to the Con- floor at this point. or nonprofit entity conducting such project gress concerning the effectiveness of the Mr. SANTORUM. Mr. President, my has materially failed to comply with this community works progress programs con- understanding is the chairman of the title, the application submitted under this ducted under this title. Such report shall title, or any other terms and conditions of a Labor Committee, Senator KASSEBAUM, analyze the reports received by the Sec- grant under this title agreed to by the State is still opposed to this amendment even retary under subsection (a). agency administering the project and the in the modified form. It sets up a dem- SEC. ll10. EVALUATION. Secretary. onstration project with $240 million in Not later than October 1, 2000, the Sec- (c) GRIEVANCE PROCEDURE.— retary shall submit to the Congress a com- four States. I know the Senator from (1) IN GENERAL.—Each State conducting a prehensive evaluation of the effectiveness of Kansas believes that there is adequate community works progress program or pro- community works progress programs in re- money under AmeriCorps and other grams under this title shall establish and ducing welfare dependency, crime, and teen- programs existing for these kinds of maintain a procedure for the filing and adju- age pregnancy in the geographic areas in dication of grievances from participants in projects to occur. which such programs are conducted. any project conducted under such program, I do not believe the Senator will be labor organizations, and other interested in- Mr. SIMON. Mr. President, this is an able to make it here to debate that. dividuals concerning such program, includ- amendment offered by Senator BROWN, But my understanding is that we ob- ing grievances regarding proposed place- Senator REID, and myself. This is an ject to the amendment. S 13632 CONGRESSIONAL RECORD — SENATE September 15, 1995 Mr. SIMON. Mr. President, again, I AMENDMENT 2503, AS MODIFIED grant food stamps, Health and Human would hope that this would be accept- Mr. WELLSTONE. Mr. President, I Services develops data on child hunger able. I understand that it will require a send an amendment as modified to the for each State that gets food stamps as vote now. desk. a block grant. I ask for the yeas and nays. The PRESIDING OFFICER. Is there What we want to look at is whether The PRESIDING OFFICER. Is there a objection to the modification? Without or not, after moving to block grants, sufficient second? objection, the amendment is modified. the malnutrition and hunger among There is a sufficient second. The amendment (No. 2503), as modi- children goes up. HHS reports back the The yeas and nays were ordered. fied, is as follows: data to Congress and also sends a re- Mr. SANTORUM. Mr. President, I On page 229, between lines 13 and 14, insert port out to the States and gives States yield the remainder of my time. the following; a chance to respond. But if Health and Mr. SIMON. Mr. President, how much ‘‘(4) SUNSET OF ELECTION UPON INCREASE IN Human Services finds out, based upon time do I have remaining? NUMBER OF HUNGRY CHILDREN.— ‘‘(A) FINDINGS.—The Congress finds that— this survey—and it is two 3-year incre- The PRESIDING OFFICER. The Sen- ‘‘(i) on March 29, 1995 the Senate adopted a ments, as a matter of fact—States have ator has 53 seconds remaining. resolution stating that Congress should not gone to block granting and what has Mr. SIMON. Mr. President, let me enact or adopt any legislation that will in- happened is you have seen an increase just add one other point. We talked a crease the number of children who are hun- in hunger among children, then in fact lot on the floor in the Senate about the gry; it is no longer a block grant and it goes crime problem. My instinct is, if we ‘‘(ii) it is not the intent of this bill to cause more children to be hungry; back to the Federal Food Stamp Pro- guarantee jobs to people and require ‘‘(iii) the Food Stamp Program serves to gram with the national standards. work—not just guarantee but require prevent child hunger; and Mr. President, I think this is a kind work—we will see a change in the ‘‘(iv) a State’s election to participate in of proof-in-the pudding amendment. If crime rate. the optional state food assistance block in fact there are no problems, then You show me an area of high unem- grant program should not serve to increase there are no problems, and I certainly ployment—black, Hispanic, white, the number of hungry children in that State. would assume that is exactly what whatever the area—and I will show you ‘‘(B) SUNSET.—If the Secretary of Health and Human Services makes two successive Senators hope for. an area of high crime. I think this findings that the hunger rate among children My view is that we could very well be makes sense. I hope it could be accept- in a State is significantly higher in a State making a terrible mistake. My view is ed by the body. that has elected to participate in a program that we are coming very close, or we Mr. President, I yield the remainder established under subsection (a) than it have I think moved away from a fun- of my time. would have been had there been no such elec- damental idea that there is a minimal The PRESIDING OFFICER. Is all tion, 180 days after the second such finding role for the Federal Government in time yielded back? such election shall be permanently and irre- making sure that every child in Amer- versibly revoked and the provisions of para- Mr. SANTORUM. Mr. President, we ica, no matter how poor, no matter would like to stack a couple of votes, graphs (1) and (2) shall not be applicable to that State. from what family, no matter in what and I see the Senator from Minnesota ‘‘(C) PROCEDURE FOR FINDING BY SEC- region of the United States of America, is here to debate his two amendments. RETARY.—In making the finding described in has some minimal level of assistance. We have one amendment I believe of subparagraph (B), the Secretary shall adhere This is an amendment that I think pro- the Senator from Minnesota we can to the following procedure: vides some check on that. agree to related to agriculture. The ‘‘(i) Every three years, the Secretary shall I thank my colleagues on the other second one will require a vote. And develop data and report to Congress with re- side for accepting this amendment, and spect to each State that has elected to par- then we still have outstanding the ticipate in a program established under sub- I urge its approval. Bingaman amendment which may re- section (a) whether the child hunger rate in The PRESIDING OFFICER. Does the quire a vote. such State is significantly higher than it Senator yield back his time? How long will the Senator from Min- would have been had the State not made Mr. WELLSTONE. I would be pleased nesota need on his first amendment on such election. to. agriculture? ‘‘(ii) The Secretary shall provide the report Mr. SANTORUM. I yield back the re- Mr. WELLSTONE. Mr. President, I required under clause (i) to all States that mainder of my time. would say to the Senator from Penn- have elected to participate in a program es- The PRESIDING OFFICER. All time tablished under subsection (a), and the Sec- is yielded back. The question is on sylvania that I can do this in less than retary shall provide each State for which the 5 minutes. Secretary determined that the child hunger agreeing to amendment 2503, as modi- Mr. SANTORUM. And on the second rate is significantly higher than it would fied. amendment there will be 10 minutes have been had the State not made such elec- The amendment (No. 2503), as modi- equally divided? Ten minutes equally tion with an opportunity to respond to such fied, was agreed to. divided on the second amendment? determination. Mr. WELLSTONE. Mr. President, I Mr. WELLSTONE. Mr. President, ‘‘(iii) If the response by a State under move to reconsider the vote. that is fine. clause (ii) does not result in the Secretary Mr. SANTORUM. I move to lay that reversing the determination that the child motion on the table. Mr. SANTORUM. Why not have the hunger rate in that State is significantly first vote at around 10 o’clock. higher than it would have been had the State The motion to lay on the table was I would ask unanimous consent that not made such election, then the Secretary agreed to. the Simon amendment vote be post- shall publish a finding as described in sub- AMENDMENT NO. 2505 poned until 10 o’clock. paragraph (B).’’ Mr. SANTORUM. Mr. President, I The PRESIDING OFFICER. Without Mr. WELLSTONE. Mr. President, think we now move to the next objection, it is so ordered. there is some history to this amend- Wellstone amendment and the Senator Mr. WELLSTONE. Mr. President, I ment, and I am very pleased it has been should proceed. wonder whether I could just—I am accepted. The PRESIDING OFFICER. Under a ready to go—suggest the absence of a The history is this. Early on in this previous order, there will now be 10 quorum for 30 seconds. session, I came to the floor with a minutes of debate equally divided on I suggest the absence of a quorum. sense of the Senate that we would go the Wellstone amendment No. 2505 to The PRESIDING OFFICER. The on record saying we would take no ac- be followed by a vote on or in relation clerk will call the roll. tion which could increase hunger or to the amendment. The assistant legislative clerk pro- malnutrition among children in Amer- Mr. WELLSTONE. Mr. President, I ceeded to call the roll. ica. That amendment was defeated sev- call up amendment 2505. Mr. WELLSTONE. Mr. President, I eral times but then finally passed. Mr. President, I think the best way ask unanimous consent that the order I believe the Senate is now on record for me to proceed on this—and I must for the quorum call be rescinded. on that question. say to my colleagues, I am actually The PRESIDING OFFICER. Without What this amendment says is that puzzled; this is the amendment that I objection, it is so ordered. every 3 years, if we are going to block thought would be accepted without any September 15, 1995 CONGRESSIONAL RECORD — SENATE S 13633 question—is to let me go through the and at the same time come within the said we are going to have this welfare findings. reconciliation targets that are set. And reform, it is not going to be punitive. Findings. The potential loss of Medicaid we believe that if one of the options We changed this for the better. States coverage represents a large disincentive for that is available to us, as has been dis- will be required to carry Medicaid for 1 welfare recipients to accept jobs that offer cussed openly, is the idea of a block year. I have a sense of the Senate that no health insurance. grant. A block grant would in fact give makes it clear that in the Medicaid de- Mr. President, we all know that one flexibility to the States to design their bate that comes up we make a commit- of the problems when a mother wants own program. And we would not be ment that we will do what we said we to move from welfare to workfare is able in that situation to guarantee a would do. that quite often without any kind of transitional benefit. And now I hear my colleague from transitional support from Medicaid she So, what we want to do is maintain Pennsylvania say, we may very well is worse off than she was before and the flexibility for us to deal with this turn around and not do that. My just as importantly her children are issue in a way that the Senate can amendment asks the Senate to go on worse off. Please remember, of the 15 come together to try to provide these record that we will do what we have million AFDC population, 9 million are services, health care services for the said we are going to do in this piece of children. poor in our society. And one of the op- legislation. And now I have colleagues Whereas thousands of the Nation’s employ- tions on the table that we do not obvi- that equivocate on this question and ers continue to find the cost of health care ously want to foreclose is the option of say, you know what? This might be a out of reach; whereas the percentage of doing a block grant to States to have sham. We say we are going to have working people who receive health insurance them provide services. In fact, what we transitional coverage to make sure from their employer has dipped to its lowest point since the 1980’s; and whereas children have seen in States that have gotten that women and children are not hurt, are the largest proportion of the increase in waivers, which would, in a sense, be but that is just for now. When it comes the number of uninsured in recent years, it similar to a block grant, States like to the Medicaid debate, we may very is the sense of the Senate ... Tennessee where we have seen a dra- well take away that funding. I am really puzzled by the opposition. matic increase in the number of people I do not think the Senators can have I would say this to Senators, that any covered—the Senator from Tennessee, it both ways. Are we not going to live Medicaid reform enacted by the Senate who I do not know if he is around or on up to our word as is now stated in this this year should require that States the floor, but Senator FRIST was one of provision of this piece of legislation? I continue to provide Medicaid for 12 the principal architects of the Tenn hope my colleagues will overwhelm- months to families that lose eligibility care plan that provided this flexibility, ingly support this amendment because for welfare benefits because of more this flexibility from the Federal level, this is all about the Senate’s integrity. earnings or hours of employment. but allowed Tennessee to redesign their Are we for what we say we are for? Will Mr. President, we have said in this Medicaid Program to cover more peo- we live up to our commitment? health care reform bill that we will ple. In fact, more people are covered Mr. President, I reserve the remain- have an extension of Medicaid for a under Medicaid now in Tennessee and der of my time. year. This sense-of-the-Senate amend- at less cost. The PRESIDING OFFICER. Who ment just says the Senate will do what So we have seen State experiments yields time? it says it is going to do. that have worked in reducing health Mr. SANTORUM. Mr. President, I I do not understand how there could care costs and covering more people on suggest the absence of a quorum. be any opposition to this amendment. Medicaid. And we do not want to fore- The PRESIDING OFFICER. The We have said that real welfare reform close that option for States to be able clerk will call the roll. means there has to be this transition to do that in the future. And that is The assistant legislative clerk pro- and there are all these proposed cuts in the reason we oppose the amendment. ceeded to call the roll. Medicaid. And so what this amendment Mr. WELLSTONE. Will the Senator Mr. SANTORUM. Mr. President, I just says is look, when we take up Med- yield for a question? ask unanimous consent that further icaid separately, we go on record that The PRESIDING OFFICER. Will the proceedings under the quorum call be the Senate will make sure that with Senator yield? dispensed with. that Medicaid funding there will be 1 Mr. SANTORUM. Yes. The PRESIDING OFFICER. Without year of transitional support. Mr. WELLSTONE. Is the Senator objection, it is so ordered. I say to all of my colleagues, Demo- saying there is a possibility that we Mr. SANTORUM. I will yield back crats and Republicans alike, we cannot would rescind what we have stated is a the remainder of our time. have it both ways. We cannot say that major provision of this welfare reform Mr. WELLSTONE. Mr. President, we are in favor of and we know we bill, namely, the requirement that how much time do I have left? must provide some transitional cov- States extend the Medicaid coverage The PRESIDING OFFICER. The Sen- erage so that women and children are for a year? Is that what the Senator is ator has 58 seconds left. not in worse shape because of reform, saying, that we may very well rescind Mr. WELLSTONE. For every Senator and make a commitment to do that what we have now passed? that is going to vote on this, I am puz- and now vote against the sense-of-the- Mr. SANTORUM. I think the Senator zled. This amendment says: Senate amendment that says we will from Minnesota knows very well there It is the sense of the Senate that any Med- do what we said we were going to do. are discussions with respect to Medic- icaid reform enacted by the Senate this year Mr. President, how much time do I aid and those discussions should not be should require that States continue to pro- have? foreclosed by action taken by the Sen- vide Medicaid for 12 months to families who The PRESIDING OFFICER. The Sen- ate. lose eligibility for welfare benefits because of more earnings or hours of employment. ator has 21⁄2 minutes. Mr. WELLSTONE. Well, Mr. Presi- Mr. WELLSTONE. I will reserve the dent, then what my colleague from That is exactly what we said we are remainder of my time to maybe get a Pennsylvania has said is that this going to do for reform in this bill. Oth- sense—I am puzzled why this amend- amendment—— erwise, there will not be any funding ment has not been accepted. The PRESIDING OFFICER. Does the and then this will be truly punitive. Mr. SANTORUM addressed the Chair. Senator yield further? So we should go on record voting for The PRESIDING OFFICER. The Sen- Mr. SANTORUM. I do not yield fur- what we said we were going to do. I ator from Pennsylvania. ther. hope every Senator will vote for this Mr. SANTORUM. Mr. President, the The PRESIDING OFFICER. Does the amendment. opposition on this side lies in the fact Senator reserve the remainder of his I yield back the remainder of my that right now we are in negotiations time? time. trying to deal with the problem of Med- Mr. SANTORUM. Yes. Mr. President, I ask for the yeas and icaid and trying to come up with solu- Mr. WELLSTONE. Mr. President, nays. tions that will provide services, health this is amazing. I want people in the The PRESIDING OFFICER. Is there a care services to the poor in our country country to understand this. We have sufficient second? S 13634 CONGRESSIONAL RECORD — SENATE September 15, 1995 There appears to be a sufficient sec- The PRESIDING OFFICER. The Reid Rockefeller Simon ond. clerk will call the roll. Robb Sarbanes Wellstone The yeas and nays were ordered. The assistant legislative clerk pro- NAYS—58 AMENDMENT NO. 2484 ceeded to call the roll. Abraham Faircloth McConnell Mr. SANTORUM. Mr. President, it is Mr. SANTORUM. Mr. President, I Ashcroft Feingold Moynihan my understanding that we have not ask unanimous consent that further Baucus Frist Murkowski Bennett Gorton Nickles been able to reach an agreement on the proceedings under the quorum call be Bond Gramm Packwood Bingaman amendment, which would dispensed with. Breaux Grams Pressler then require a rollcall vote. I do not The PRESIDING OFFICER. Without Brown Grassley Roth Burns Gregg Santorum see anybody else on our side looking objection, it is so ordered. Byrd Hatfield Shelby for time. All I would suggest is, the Mr. SANTORUM. Mr. President, we Campbell Helms Simpson Chafee Hutchison Bingaman amendment deals with a have no objection to the modification Smith subject we have dealt with in the Coats Inhofe of the amendment. Cochran Kassebaum Snowe Daschle-Dole compromise. The The PRESIDING OFFICER. Without Coverdell Kempthorne Specter Daschle-Dole compromise provided $100 objection, the amendment is modified. Craig Kohl Stevens million for drug treatment over the The amendment, as modified, is as D’Amato Kyl Thomas next 2 years. It was a compromise be- Daschle Lott Thompson follows: DeWine Lugar Thurmond tween what Senator COHEN and Senator On page 127, between lines 2 and 3, insert Dole Mack Warner BINGAMAN had sought, which was $100 the following new subsection: Domenici McCain million per year. We came up with $100 (d) SUPPLEMENTAL FUNDING FOR ALCOHOL NOT VOTING—1 million over the next 2 years. It was in- AND SUBSTANCE ABUSE TREATMENT PRO- Hatch tended to be a compromise. GRAMS.— As compromises are, we compromise, (1) IN GENERAL.—Out of any money in the So the amendment (No. 2484) was re- and hopefully when you compromise Treasury not otherwise appropriated, there jected. you do not go forward and offer the are hereby appropriated to supplement State Mr. DOLE. Mr. President, I ask unan- amendment that we compromised on. and Tribal programs funded under section imous consent the next two votes be 10- 1933 of the Public Health Service Act, But, unfortunately, that has occurred minute votes. $100,000,000 for each of the fiscal years 1997 The PRESIDING OFFICER. Without in this case. It is going to cost $300 mil- through 2000. objection, the next two votes will be 10- lion more for this drug treatment. And (2) ADDITIONAL FUNDS.—Amounts appro- I hope that, given the fact that this bill priated under paragraph (1) shall be in addi- minute votes. is far under the reconciliation target tion to any funds otherwise appropriated for VOTE ON AMENDMENT 2468, AS MODIFIED that we need to meet to balance the allotments under section 1933 of the Public The PRESIDING OFFICER. The budget, this is another $300 million Health Service Act and shall be allocated question is on agreeing to the Simon that we will have to take out of Medic- pursuant to such section 1933. amendment, No. 2468, as modified. aid or Medicare or somewhere else in (3) USE OF FUNDS.—A State or Tribal gov- The yeas and nays have been ordered. ernment receiving an allotment under this the Finance Committee. And I think subsection shall consider as priorities, for The clerk will call the roll. the Finance Committee has a hard purposes of expending funds allotted under The legislative clerk called the roll. enough burden as it is without adding this subsection, activities relating to the The PRESIDING OFFICER. Are there more money for drug treatment for treatment of the abuse of alcohol and other any other Senators in the Chamber de- people, for people who are taken care of drugs. siring to vote? with $50 million a year for the first 2 Mr. BINGAMAN. Mr. President, I ask The result was announced—yeas 37, years. for the yeas and nays on the modified nays 63, as follows: Obviously, this is something that we amendment. [Rollcall Vote No. 430 Leg.] can come back and visit in the future. The PRESIDING OFFICER. Is there a YEAS—37 But we are well over. And I hope that sufficient second? Akaka Feinstein Moseley-Braun Senators will recognize that we have There appears to be a sufficient sec- Boxer Harkin Murray got some tough decisions to make in ond. Bradley Heflin Nunn Breaux Hollings the future. This is going to make it The yeas and nays were ordered. Pell Brown Inouye Pryor much tougher. The PRESIDING OFFICER. Is all Bryan Johnston I yield back the remainder of my Reid time yielded back? Bumpers Kennedy Robb time. Byrd Kerry Rockefeller Mr. SANTORUM. I yield back the re- Conrad Kohl I ask unanimous consent that votes Sarbanes mainder of the our time. Daschle Lautenberg occur in the order in which they were Simon The PRESIDING OFFICER. the ques- Dodd Levin debated, starting at 10 a.m. Wellstone tion is on agreeing to the Bingaman Dorgan Lieberman The PRESIDING OFFICER. Is there Feingold Mikulski amendment No. 2484, as modified. objection? NAYS—63 Without objection, it is so ordered. The clerk will call the roll. The assistant legislative clerk called Abraham Ford Lugar AMENDMENT NO. 2484, AS MODIFIED the roll. Ashcroft Frist Mack Mr. BINGAMAN. Mr. President, Baucus Glenn McCain could I ask a question of the manager? Mr. LOTT. I announce that the Sen- Bennett Gorton McConnell The PRESIDING OFFICER. The Sen- ator from Utah [Mr. HATCH] is nec- Biden Graham Moynihan essarily absent. Bingaman Gramm Murkowski ator from New Mexico. Bond Grams Nickles Mr. BINGAMAN. Mr. President, we The PRESIDING OFFICER (Mr. Burns Grassley Packwood have made some modification in the DEWINE). Are there any other Senators Campbell Gregg Pressler amendment to accommodate concerns in the Chamber desiring to vote? Chafee Hatch Roth The result was announced—yeas 41, Coats Hatfield Santorum that were raised on the other side. Is it Cochran Helms Shelby permissible for me to send the modi- nays 58, as follows: Cohen Hutchison Simpson fication of the amendment and have [Rollcall Vote No. 429 Leg.] Coverdell Inhofe Smith Craig Jeffords Snowe that voted on? YEAS—41 D’Amato Kassebaum Specter Mr. SANTORUM. Reserving the right Akaka Feinstein Kerry DeWine Kempthorne Stevens to object—— Biden Ford Lautenberg Dole Kerrey Thomas The PRESIDING OFFICER. The Sen- Bingaman Glenn Leahy Domenici Kyl Thompson ator is seeking unanimous consent to Boxer Graham Levin Exon Leahy Thurmond Bradley Harkin Faircloth Lott Warner modify his amendment? Lieberman Bryan Heflin Mikulski Mr. BINGAMAN. Yes. I do seek unan- Bumpers Hollings So the amendment (No. 2468), as Moseley-Braun modified, was rejected. imous consent to modify the amend- Cohen Inouye Murray Conrad Jeffords Nunn VOTE ON AMENDMENT NO. 2505 ment. Dodd Johnston Pell Mr. SANTORUM. Mr. President, I Dorgan Kennedy The PRESIDING OFFICER. The Pryor suggest the absence of a quorum. Exon Kerrey question now occurs on the Wellstone September 15, 1995 CONGRESSIONAL RECORD — SENATE S 13635 amendment, No. 2505. On this question, bill did not choose to block grant food Current nutrition programs need to be the yeas and nays have been ordered, stamps at all. strengthened in order to assure access to a and the clerk will call the roll. The argument for this amendment is nutritious diet for every person. Bread for The legislative clerk called the roll. simple. If it is not broke, do not fix it. the World supports proposals by the Depart- The PRESIDING OFFICER. Are there ment of Agriculture to make improvements Welfare is broke, financially and philo- in the Food Stamp Program. But deep fund- any other Senators in the Chamber sophically, but by ‘‘welfare,’’ what we ing cuts and the option to block grant would who desire to vote? have always meant are the federally inevitably spawn more hunger in this coun- The result was announced—yeas 49, driven programs that pay benefits to try, particularly for children. nays 51, as follows: able-bodied adults who are not work- The Food Stamps Program is this nation’s [Rollcall Vote No. 431 Leg.] ing. leading defense against hunger in this coun- YEAS—49 Most of us and most Americans want try and ensures those in need access to an adequate diet. The program targets some of Akaka Feinstein Mikulski to see the welfare programs redesigned the most vulnerable members of society, in- Baucus Ford Moseley-Braun to emphasize moving recipients to Biden Glenn Moynihan cluding children and elderly persons. Over Bingaman Graham Murray work rather than paying them to stay eighty percent of benefits go to households Boxer Harkin Nunn home. And many of us believe that with children and sixteen percent of food Bradley Heflin Pell such work-based welfare programs can stamp households contain at least one elder- Breaux Hollings Pryor best be managed at the State and local ly person. Bryan Inouye Reid Tufts University released a study in July Bumpers Johnston level where officials understand the Robb of this year showing that the federal Food Byrd Kennedy Rockefeller local economy and the specific needs of Cohen Kerrey Stamp Program greatly impacts diets of Sarbanes those in the community who are with- Conrad Kerry poor children in this country. The study Daschle Kohl Simon out jobs. found that food stamp participation reduces Dodd Lautenberg Snowe But Federal nutrition programs that dietary deficiencies among poor children by Dorgan Leahy Specter 30–50% for certain nutrients, and over 70% Wellstone serve the elderly, the disabled and chil- Exon Levin for others. Over half of all food stamp recipi- Feingold Lieberman dren are not broken. In all the meet- ings that I have held throughout Wis- ents are children. NAYS—51 We strongly believe that federal standards consin on welfare reform, no one has on eligibility and benefit levels are impor- Abraham Frist Mack complained to me about Federal pro- Ashcroft Gorton McCain tant to the food stamps program to ensure it Bennett Gramm McConnell grams that have provided a hot meal to is available on an equitable basis for all who Bond Grams Murkowski elderly retirees or a school lunch to need it. However, at the very minimum, we Brown Grassley Nickles children. No one has suggested that we must as a nation ensure that our children do Burns Gregg Packwood not go hungry. Campbell Hatch Pressler ought to make these populations work Chafee Hatfield Roth for their food stamps. Sincerely, Coats Helms Santorum So we should not lump food stamps DAVID BECKMANN, Cochran Hutchison Shelby President. Coverdell Inhofe Simpson to the elderly, disabled and the chil- Craig Jeffords Smith dren in with the welfare programs that FOOD RESEARCH D’Amato Kassebaum Stevens so many Americans want ended. In & ACTION CENTER, DeWine Kempthorne Thomas ending welfare as we know it, we Washington, DC, September 11, 1995. Dole Kyl Thompson DEAR SENATOR: We write to urge your sup- Domenici Lott Thurmond should not end successful nutrition Faircloth Lugar Warner programs that keep our children, the port for the Kohl amendment to S. 1120 disabled, and the elderly from going (amendment #2550) which could exempt the So the amendment (No. 2505) was re- elderly, disabled persons, and children from jected. hungry. This amendment would still the proposed optional food stamp block Mr. DOLE. Mr. President, I move to leave States with the ability to take as grant. FRAC supports this amendment as reconsider the vote. a block grant food stamps and money necessary to protect the ability of the Food Mr. SANTORUM. I move to lay that that go to adults that can and should Stamp Program to serve the most vulnerable motion on the table. work. However, children, the elderly, in our society. The motion to lay on the table was and the disabled would retain the as- FRAC strongly opposes the optional food agreed to. surance that nutritional assistance and stamp block grant as it would eliminate the The PRESIDING OFFICER. The ma- assurance of assistance for all eligible per- Federal nutrition standards will be sons in need when they need assistance. The jority leader. there when they are needed. And, Food Stamp Program has been successful in AMENDMENT NO. 2550 again, I want to remind my colleagues alleviating hunger precisely because of its Mr. DOLE. I ask we temporarily set that the House did not block grant food ability to respond automatically, especially aside the Kennedy amendment No. 2564 stamps at all. in times of recession or natural disaster. and move to the Kohl amendment No. This amendment has been endorsed It is because of the vital role the Food 2550. by the Children’s Defense Fund, the Stamp Program plays in feeding the most The PRESIDING OFFICER. Without Food Research & Action Center, and vulnerable among us, particularly children, the elderly and the disabled, that FRAC objection, it is so ordered. Bread for the World. I ask unanimous Under the previous order, there will strongly supports the amendment to exclude consent that letters I have in support these populations from a block grant. We now be 10 minutes of debate equally di- from these antihunger groups be print- thank you for your consideration. vided on the Kohl amendment No. 2550, ed in the RECORD. The Food Research and Action Center. followed by a vote on or in relation to There being no objection, the letters the amendment. were ordered to be printed in the CHILDREN’S DEFENSE FUND, Washington, DC, September 12, 1995. Mr. KOHL. I thank the Chair. RECORD, as follows: Mr. President, I ask unanimous con- Hon. HERB KOHL, BREAD FOR THE WORLD (A CHRIS- sent at this time that Senator LEAHY U.S. Senate, Washington, DC. TIAN CITIZENS’ MOVEMENT IN THE be added as an original cosponsor to DEAR SENATOR KOHL: I am writing in sup- USA), port of your amendment, #2550, to the wel- this amendment No. 2550. Silver Spring, MD, September 11, 1995. fare reform bill currently being debated on The PRESIDING OFFICER. Without DEAR SENATOR KOHL: Bread for the World, the Senate floor. The amendment would ex- objection, it is so ordered. a nation-wide Christian citizen’s movement empt children and people who are elderly or Mr. KOHL. Mr. President, we should against hunger, opposes the optional food disabled from the proposed optional food not need to debate this amendment for stamps block grant found in the Work Oppor- stamp block grant. very long. It is straightforward. This tunity Act of 1995, S. 1120. We hope there will While we oppose the proposed optional food amendment would exempt the food be attempts to remove the Food Stamps Pro- stamp block grant, if the block grant is stamp benefits that go to children, the gram from the welfare reform legislation and passed this amendment would be a signifi- urge you to support an amendment that elderly and disabled from the optional cant step in the right direction towards pro- would do so. However, in the absence of such tecting vulnerable children from hunger. State block grant program set up in an amendment, we would support your Thank you for your leadership on this the bill. amendment to exempt children, the elderly issue. I want to emphasize to my colleagues and disabled from the optional food stamps Sincerely yours, that the House in its welfare reform block grant. MARIAN WRIGHT EDELMAN. S 13636 CONGRESSIONAL RECORD — SENATE September 15, 1995 Mr. KOHL. So, Mr. President, I urge to cut somewhere else in Medicare to I send the modification to the desk. the Senate to support this change to reach the budget request because I un- Mr. HARKIN. Reserving the right to guarantee that children, the elderly, derstand we are going to be scored on object. I might ask the leader, this is a and the disabled do not go hungry. I this next week. And we are going to modification of what? urge my colleagues to support the have to take our lumps, because we Mr. DOLE. Of an amendment Senator Kohl-Leahy amendment. have made some accommodations. GRAMM will offer and have a rollcall I thank the President. So I hope we can defeat this amend- vote on. It is a modification suggested Mr. SANTORUM addressed the Chair. ment. by Senator KASSEBAUM, chairman of The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Who the Labor Committee. ator from Pennsylvania. yields time? Mr. HARKIN. May I review that Mr. SANTORUM. Aside from the ad- Does the Senator yield back his first? I reserve the right to object. ministrative nightmare that would be time? Mr. GRAMM. We are going to vote on created for the States to give them a Mr. KOHL. I yielded back my time. it and debate it. block grant for some people and an en- VOTE ON AMENDMENT NO. 2550 Mr. HARKIN. I would like to look at titlement for others and the adminis- The PRESIDING OFFICER. All time it. trative problem, this costs $1.4 billion is yielded back. All time has expired. Mr. DOLE. We have been letting ev- over the next 7 years. The question is on agreeing to erybody modify their amendments on As we have said many times, we are amendment No. 2550. that side, I might say. well under our reconciliation targets. Mr. KOHL. I ask for the yeas and Mr. HARKIN. I object. This is money that is going to have to nays. The PRESIDING OFFICER. Objec- come out of other programs. We simply The PRESIDING OFFICER. Is there a tion is heard. cannot afford this amendment. I urge sufficient second? Mr. DOLE. Mr. President, I suggest rejection of the Kohl amendment. There is a sufficient second. The yeas and nays were ordered. the absence of a quorum. f The PRESIDING OFFICER. The The PRESIDING OFFICER. The bill clerk proceeded to call the roll. LEAVE OF ABSENCE clerk will call the roll. The bill clerk called the roll. Mr. DOLE. Mr. President, I ask unan- Mr. STEVENS. Mr. President, I ask The PRESIDING OFFICER. Are there imous consent that the order for the unanimous consent that I be excused any other Senators in the Chamber de- quorum call be rescinded. from attending the Senate for the re- siring to vote? The PRESIDING OFFICER. Without mainder of this day. The result was announced—yeas 47, objection, it is so ordered. The PRESIDING OFFICER. Without nays 53, as follows: AMENDMENT NO. 2617, AS MODIFIED objection, it is so ordered. [Rollcall Vote No. 432 Leg.] Mr. DOLE. Mr. President, I renew the f YEAS—47 request with reference to Gramm amendment No. 2617. I ask unanimous FAMILY SELF-SUFFICIENCY ACT Akaka Feingold Leahy Baucus Feinstein Levin consent that the amendment be so The Senate continued with the con- Biden Ford Lieberman modified. sideration of the bill. Bingaman Glenn Mikulski Boxer Graham The PRESIDING OFFICER. Is there Mr. SANTORUM. I yield back the re- Moseley-Braun Bradley Harkin Murray objection? mainder of my time. Breaux Heflin Nunn Without objection, it is so ordered. The PRESIDING OFFICER. Who Bryan Hollings Pell Bumpers Inouye The amendment (No. 2617), as modi- yields time? Pryor Byrd Jeffords Reid fied, is as follows. Mr. KOHL. Mr. President, I would Cohen Johnston Robb At the appropriate place, insert the follow- like to emphasize to my colleagues Conrad Kennedy ing: that the House, which passed a very Daschle Kerrey Rockefeller Dodd Kerry Sarbanes SEC. . RESTRICTIONS ON TAXPAYER FINANCED small welfare reform bill, which in Dorgan Kohl Simon LEGAL CHALLENGES. many respects is really good, took a Exon Lautenberg Wellstone (a) IN GENERAL.—No legal aid organization or other entity that provides legal services look at food stamps. They decided that NAYS—53 the country could not afford, from a and which receives Federal funds may chal- Abraham humanitarian and social point of view, Gorton Moynihan lenge (or act as an attorney on behalf of any Ashcroft Gramm Murkowski party who seeks to challenge) in any legal to block grant food stamps at all. Bennett Grams Nickles Bond Grassley proceeding— Now we have decided we should block Packwood (1) the legal validity— grant food stamps. I agree that for the Brown Gregg Pressler Burns Hatch (A) under the United States Constitution— population that we are attempting to Roth Campbell Hatfield Santorum (i) of this Act or any regulations promul- move from welfare into work we should Chafee Helms Shelby gated under this Act; and Coats Hutchison block grant food stamps and be very Simpson (ii) of any law or regulation enacted as pro- Cochran Inhofe Smith mulgated by a State pursuant to this Act; different how we parcel out food Coverdell Kassebaum Snowe (B) under this Act or any regulation adopt- stamps. But when we talk about chil- Craig Kempthorne dren, the disabled, and the elderly, to D’Amato Kyl Specter ed under this Act of any State law or regula- Stevens tion; and block grant food stamps, it seems to DeWine Lott Dole Lugar Thomas (C) under any State Constitution of any me, is not what welfare reform is all Domenici Mack Thompson law or regulation enacted or promulgated by about and not what we are trying to Faircloth McCain Thurmond a State pursuant to this Act; and accomplish here. And that is why I am Frist McConnell Warner (2) the conflict— arguing that this population should be So, the amendment (No. 2550) was re- (A) of this Act or any regulations promul- exempt from having their food stamps jected. gated under this Act with any other law or regulation of the United States; and block granted and ultimately rationed AMENDMENT NO. 2564, AS MODIFIED out to them when that is not the inten- (B) of any law or regulation, enacted or The PRESIDING OFFICER. Under promulgated by a State pursuant to this Act tion of what this welfare reform bill is the previous order, there will now be 10 with any law or regulation of the United to accomplish. minutes of debate equally divided on States. The PRESIDING OFFICER. Who the Kennedy amendment No. 2564, as (b) LEGAL PROCEEDING DEFINED.—For pur- yields time? modified, to be followed by a vote on or poses of this section, the term ‘‘legal pro- Mr. DOLE. Mr. President, I have no in relation to the amendment. ceeding’’ includes— quarrel with the Senator from Wiscon- Mr. DOLE. Mr. President, as I under- (1) a proceeding— sin, but it is about $1.4 billion. We tried stand it, I think we can accept the (A) in a court of the United States; to accommodate some of the concerns (B) in a court of a State; and amendment by the Senator from Mas- (C) in an administrative hearing in a Fed- on child care. And we have lost some sachusetts. eral or State agency; and savings on this side. And every time we I ask unanimous consent that the (2) any activities related to the commence- accommodate one of these amend- amendment by Senator GRAMM be ment of a proceeding described in subpara- ments, it means we are going to have modified. graph (A). September 15, 1995 CONGRESSIONAL RECORD — SENATE S 13637 AMENDMENT NO. 2564, AS MODIFIED care and counseling at a rape crisis Rather than list individually the ad- Mr. KENNEDY. Mr. President, I send center. If the center is even partially ditional programs which should be ex- a modification to the desk of my funded with Government money, under empted from the bill, my amendment amendment No. 2564. this bill, the center must first deter- leaves the decision to the Attorney The PRESIDING OFFICER. The Sen- mine if the traumatized young victim General in consultation with the head ator has that right. The amendment is is a citizen or noncitizen. They must of the agency or department admin- so modified. find out whether she is here legally or istering the assistance program. In The amendment (No. 2564), as modi- illegally. If she is illegal, they can’t that way, before a program is exempted fied, is as follows: help her. from the bill, the law enforcement per- On page 292, line 5, strike ‘‘and’’. In addition, if she is a legal immi- spective of the Attorney General, to- On page 292, line 11, strike the period and grant, they must determine if she has a insert a semicolon. gether with the benefits perspective of On page 292, between lines 11 and 12, insert sponsor, find out what the sponsor’s in- the agency providing the assistance, the following new subparagraphs: come is, and determine whether deem- will determine the decision. ‘‘(F) the Head Start program (42 U.S.C. ing the sponsor’s income makes her eli- I believe my amendment represents a 9801); and gible or ineligible for Government- responsible compromise on this issue, (G) programs specified by the Attorney funded help. and I urge its adoption. General, in the Attorney General’s sole and unreviewable discretion after consultation This same lengthy and complicated Mr. SIMPSON. As I understand it, with appropriate Federal agencies and de- process would be repeated countless this amendment is intended to cover partments, which (i) delivers services at the times all across the country. Priests those few programs involving little community level, including through public must check the immigration status of cost in which an individual income de- or private nonprofit agencies; (ii) do not con- the homeless and hungry at church termination is not required. dition the provision of assistance, the soup kitchens. Social workers must Mr. KENNEDY. That is correct. My amount of assistance provided, or the cost of check the status of battered women amendment is intended to cover pro- assistance provided on the individual recipi- seeking protection. Teachers must grams which are in the interest of the ent’s income or resources; and (iii) are nec- essary for the protection of life, safety, or check the status of children enrolling community and are needed for the fun- public health.’’ in Head Start programs. Rabbis must damental health or safety of the immi- Mr. DOLE. Mr. President, we are pre- check the status of the elderly for as- grant or the community. In giving the pared to accept the Kennedy amend- sistance to the homebound. authority to make the determination ment No. 2564, as modified. For example, in 1993, Catholic char- to the Attorney General, it is my ex- The PRESIDING OFFICER. Do the ities provided services to needy people pectation that decisions regarding Senators wish to debate the amend- across America—citizens and nonciti- which programs to designate under this ment? zens alike—including food pantries, authority will be made with immigra- Mr. KENNEDY. Mr. President, I want soup kitchens, homeless shelters, fam- tion law enforcement interests in mind to thank the Senator from Wyoming ily counseling programs, and other val- as well. for his able assistance in working out uable community assistance. More The kinds of program which I would this compromise. than 60 percent of the funding for these envision being designated under this Mr. President, we all agree that ille- services came from Federal, State, and amendment are soup kitchens, battered gal aliens should not be eligible for local governments. This assistance is women’s shelters, rape crisis centers, Federal programs. The only exception provided on the basis of need. As a re- and other similar programs. It will not is when the assistance is in the nature sult, under the Dole bill, Catholic cover entitlement programs. of emergency services. Both the Dole Charities would be required to check The PRESIDING OFFICER. The bill and the Democratic bill underscore immigration status before they help question is on agreeing to the Kennedy this policy. anyone. amendment No. 2564, as modified. But the situation is very different We all agree that Head Start pro- The amendment (No. 2564), as modi- with respect to legal immigrants. They grams give children an effective early fied, was agreed to. are lawfully in this country, and they start toward a more successful and ful- Mr. KENNEDY. Mr. President, I make substantial contributions to our filling future. But under the Dole bill, move to reconsider the vote. communities and to our Nation. They Head Start teachers would have to Mr. MOYNIHAN. I move to lay that work, they create jobs, they pay taxes, check children’s green cards before motion on the table. they promote family values, and they they enter the program. The motion to lay on the table was contribute to the sciences, the arts and The Department of Health and agreed to. culture. Human Services offers a partial list of Mr. DOLE. The next amendment is In fact, legal immigrants contribute noncash programs under its jurisdic- by Senator SIMON and Senator GRAHAM $25 to $35 billion more in taxes each tion which would be affected by the of Florida. year than they take out in services, in- harsh features of the Dole bill. Signifi- AMENDMENT NO. 2509 cluding the educational costs of their cant portions of these programs are ad- The PRESIDING OFFICER. Under children. ministered by community-based orga- the previous order, there will now be 10 We all want to get tough on illegal nizations, churches, and other non- minutes of debate, equally divided, on immigration. But the Dole proposal profit groups, who would be required by the Simon-Graham amendment No. does so in a way that turns countless the bill to check the immigration sta- 2509, to be followed on a vote on or in churches, synagogues, and community tus of their clients. The list includes: relation to the amendment. groups into immigration police. If they Programs serving abused and ne- Mr. SIMON. Mr. President, if I may receive Government funds to operate glected children and preventing family have the attention of the floor man- soup kitchens, food pantries, battered and domestic violence. Programs pro- ager on this, Senator GRAHAM of Flor- women’s shelters, rape crisis centers, viding critical public health services to ida has become a chief sponsor of this and many other community services, women and children, including mater- amendment and is trying to work out they must now check a needy client’s nal and child health. an amendment. I do not know whether immigration status before they can Early childhood development pro- he is successful in that or not. provide assistance. grams. Youth development and vio- I yield to the Senator from Florida. This means that priests, ministers, lence prevention programs. Mr. GRAHAM. Mr. President, as my rabbis, social workers, teachers, family The Dole bill exempts school lunches, colleague has just explained, the basic crisis counselors, and community WIC, emergency Medicaid and certain thrust of this amendment is to main- health workers must become immigra- other noncash programs. But if we are tain the status quo and the rules of the tion police and check for green cards to avoid forcing the Nation’s clergy game under which those people who are before they can offer help or carry out and teachers and social workers to be- currently in the country as legal immi- their humanitarian work. come immigration police by demanding grants, playing by the rules as they Imagine a shattered young girl, bru- green cards of their clients, we need to were at the time they entered the tally raped and requiring immediate do more. country, particularly as it relates to S 13638 CONGRESSIONAL RECORD — SENATE September 15, 1995 that group of legal immigrants who are ther we do something or we do not. It the affidavit of support is for 3 years or attending educational institutions and is very simple. 5 years is much beside the point. The depend upon their access to things like The Dole welfare reform bill would understanding was the immigrant guaranteed loans to be able to finance for 5 years require the deeming of a would not become a burden on the pub- their education. There has been some sponsor’s income and resources in the lic of the United States, especially not discussion of possibly limiting the case of a sponsored immigrant seeking in his first 5 years in the United scope of this amendment to be more public assistance. Immigration law is States. specifically focused on that one issue. riddled with compassionate loopholes What would the American taxpayers As of this point, there does not appear and people are fed up. say if they knew we were admitting to be interest in that limitation. But I We must place sensible controls on persons as immigrants who they knew will state to my colleagues that that is these continuing conditions or Ameri- would then be covered under this an extremely important part of what cans will be in terminable compassion amendment, would be able to receive this legislation would do. fatigue. public assistance so soon after their ar- It really means the ability for thou- This 5-year deeming period is consist- rival, even within 3 years? sands of students across the country to ent with the 5-year deeming period for My colleague from Florida is hon- be able to continue their education and SSI, which we did last year. It is ex- estly concerned about college students continue their pursuit of the American actly the same as that 5 years. It is ex- in his State who are recent immigrants dream—coming to America, getting an actly the 5-year deeming period for who may want to receive public-funded education, becoming a fully self-sup- AFDC and food stamps proposed by the college assistance. It is good and in our porting citizen. President of the United States in his national interest that the newcomers I yield to my colleague. own welfare reform bill, the President’s seek to improve themselves through Mr. SIMON. Mr. President, I ask for proposal. The sponsor’s assets and in- additional education and training, but the attention of my colleagues here. come are deemed to be those of the im- the agreement of admission, the prom- Every change we have made in immi- migrants when you come to the United ise made was that the immigrants and gration in the past has been prospec- States. his or her sponsor would take care of tive, not retroactive. That is the way it The only immigrants affected by this the cost of that education and not the should be. To say that if, for example, 5-year deeming period are those who American taxpayers. A sponsor is a sponsor is a sponsor. If Senator DEWINE was the chief sponsor have already entered within the last 5 the Senator says that we must main- for an immigrant named Senator FORD, years and who apply for or are already and he agrees to be responsible for 3 receiving public assistance of some tain the status quo and not change the rules of the game, there is a good way years, that is the way it should be. form or amount. Please hear that. Re- to do it: reject this amendment because When we change that to 5 years, we member, please—and you cannot miss the rule of the game is the newcomer should do it prospectively, not retro- this point—the people who are admit- must be self-supported, not likely at actively. That is No. 1. ted as immigrants to the United any time to become a public charge. The second point is that we should States, to this very generous land, are Those are the words of the immigra- not go back to Senator DEWINE and here only after their sponsors con- vinced the visa officer that the immi- tion law. say, sorry, you agreed to 3 years, now The PRESIDING OFFICER. The Sen- grant would not require public assist- we are going to make it 5. ator from Florida has 1 minute and 25 ance at any time—not just for 5 years This is the point the Senator from seconds. All time is expired on the or the first 3 years or any year, but at Florida has made which is very impor- other side. tant. There are thousands of students any time, and that they would not be- Mr. GRAHAM. This amendment who are legal immigrants in this coun- come a public charge. keeps the status quo, particularly as it try, who are going to become citizens, Under the Graham-Simon amend- relates to students who are using Fed- and without this amendment, they can- ment, sponsored immigrants who have eral programs, such as the guaranteed not get any benefits in this country, entered within the past 5 years could student loan to continue their edu- and they are going to have to leave continue to receive assistance under cation. school. Without this amendment, they programs which they already benefit The Senator from Wyoming talks lose all education assistance. I do not and could apply for and receive assist- about holding sponsors responsible. If think that makes sense for this coun- ance under many other programs im- we had been able to hold sponsors re- try. So I am pleased to cosponsor this mediately, and several others in less sponsible, we would not have to have amendment with Senator GRAHAM. I than 3 years. the change in the law that is contained think it is important, and I hope it will Most other Americans would cer- in the underlying amendment. The fact be adopted. tainly question that fairness, when is that we have a policy which has been Mr. GRAHAM. How much time re- their own children cannot get in those to set a period of time within which we mains, Mr. President? programs because they happen to be would deem the sponsors’ income. We The PRESIDING OFFICER. The Sen- native born. are now about to change that in a pro- ator has 1 minute 35 seconds. Keep in mind, now, these persons spective manner. Mr. GRAHAM. Mr. President, I would were admitted only—only—because Our previous policies relative to like to reserve that to close. they were able to convince, to make a changing immigration law as it relates The PRESIDING OFFICER. Who promise to the visa officer that they to legal immigrants have always been yields time? would not become a public charge, and to do it for the future, not to change Mr. DOLE. Mr. President, we have a the law says ‘‘at any time.’’ the rules of the game for those people matter involving the Senator from Wy- This amendment would therefore who are here in America today. oming, Senator SIMPSON. He will be have the purpose of relieving the immi- I believe this goes to two fundamen- here momentarily. We are also trying grants and his or her sponsor from that tal principles. One is we play by the to determine the cost of this amend- promised obligation to give the re- rules of the game as those rules were ment. I understand it is about half a quired assistance, and the good old set when the game begins. If you billion dollars. American taxpayers would then take change the rules, you do it for the next Mr. SIMPSON. Mr. President, might over to the tune of $623 million over 5 game. I inquire as to the time for the Senator years. Second, we want to encourage these from Wyoming? I want to emphasize that clearly people to get an education so that they The PRESIDING OFFICER. The Sen- again. Before an immigrant can be ad- can become, to the maximum possible ator from Wyoming has 4 minutes and mitted, it must be established that he extent, participants in the American 29 seconds. or she is not likely to become a public dream, participants in building their Mr. SIMPSON. Mr. President, again, charge, that the real contract the im- families, communities, and this Na- as in last night’s activity, a difficult migrant and the sponsor have with the tion. and emotional issue, couched in the American people, the real promise of I urge the adoption of this amend- terms of immigration and welfare—ei- America, is keeping promises. Whether ment. September 15, 1995 CONGRESSIONAL RECORD — SENATE S 13639 The PRESIDING OFFICER. All time There are also some very serious say no one will have to work; you will has expired. The question is on agree- sanctions against States that do not not be penalized as a State if you do ing to the Simon-Gramm amendment meet those objectives. A State is sub- not get people to work. It makes work No. 2509. The yeas and nays have been ject, for instance, to losing 5 percent of completely voluntary on the part of ordered. its Federal grant if in any year it fails the States. Anyone who has come up The clerk will call the roll. to meet the standard that has been set. here and said they are for welfare re- The assistant legislative clerk called What is the problem? The problem is cipients to work, if you vote for this the roll. that we are distributing to States wild- amendment, you are not for welfare re- Mr. LOTT. I announce that the Sen- ly different amounts of Federal re- cipients to have to go to work. ator from Alaska [Mr. STEVENS] is nec- sources in which to meet those consist- I reserve the remainder of my time. essarily absent. ent objectives. We are telling, for in- Mr. GRAHAM. Mr. President, I must The PRESIDING OFFICER. Are there stance, the State of Mississippi that it say that I range between being some- any other Senators in the Chamber de- will have to use 88 percent of its Fed- what offended by that description or siring to vote? eral money in order to meet the man- concerned about our colleague’s ability The result was announced—yeas 35, dates of this bill. Other States will be to read the English language because nays 64, as follows: able to meet the mandates for less than that is not what this does. [Rollcall Vote No. 433 Leg.] 35 percent of the Federal money that The amendment retains the partici- YEAS—35 will be made available. pation levels as stated in the bill. Then Akaka Graham Mikulski That seems inherently unfair, to it directs the Secretary of HHS to Bingaman Hatfield Moseley-Braun have 50 States, each of which has a make such adjustments in the rate. Boxer Inouye Moynihan much different position at the starting That is, a State, instead of being asked Breaux Johnston Murray Bumpers Kennedy Nunn line in terms of the kind of support to meet a 50-percent standard, may be Chafee Kerrey Pell they are going to meet but then say asked to meet a 55-percent standard, if Conrad Kerry Pryor that each one has to get to the finish it is one that is receiving a substantial Daschle Lautenberg Sarbanes Dodd Leahy line at exactly the same point and, if amount of funds above the national av- Simon Dorgan Levin erage, as happens to be the case with Specter they fail to do so, be subject to signifi- Feinstein Lieberman Wellstone cant financial personality. the State of our colleague who just Glenn Mack What this amendment says is that spoke, or it might be something less NAYS—64 the Secretary of HHS should look at than 50 percent if you are getting sub- Abraham Faircloth Lugar the national standards and make ad- stantially less than the national aver- Ashcroft Feingold McCain justments based on the amount of Fed- age in terms of Federal resources. Baucus Ford McConnell eral support that each State will re- It just seems to me patently unfair Bennett Frist Murkowski Biden Gorton Nickles ceive and the number of minor children to start 50 States in such different po- Bond Gramm Packwood in poverty in that State, so that if we sitions in terms of their Federal re- Bradley Grams Pressler are going to have the starting line dif- sources per poor child and then say but Brown Grassley Reid Bryan Gregg ferent from State to State we at least at the end of the day they all have to Robb Burns Harkin get to the same end position. We retain Rockefeller ought to have the finish line adjusted Byrd Hatch to those States’ realistic capabilities. the mandatory provision. We retain all Campbell Heflin Roth Coats Helms Santorum If we do not do this, I can tell you of the requirements to work. Cochran Hollings Shelby without question there are going to be I am proud to come from a State Cohen Hutchison Simpson substantial numbers of States that will which has one of the demonstration Smith Coverdell Inhofe be almost subject to automatic pen- projects which has already gotten in Craig Jeffords Snowe D’Amato Kassebaum Thomas alty. There will be virtually no chance the first few months of operation al- DeWine Kempthorne Thompson that they can reach the same finish most 10 percent of its welfare bene- Dole Kohl Thurmond line, the same standard, for instance, ficiaries in jobs, and it is moving to- Domenici Kyl Warner Exon Lott of job placement, with the heavy com- ward the goal of having 50 percent of mitments that that means in terms of its welfare beneficiaries to work. NOT VOTING—1 training, support services, and child I support that as an important prin- Stevens care, as the more advantaged States. ciple, but I also recognize there are re- So the amendment (No. 2509) was re- It is a simple, straightforward sources required to reach those objec- jected. amendment of fairness. tives, and if you have made a decision Mr. DOLE. Mr. President, I move to I urge its adoption. that we are going to allocate resources reconsider the vote by which the The PRESIDING OFFICER. Who in a differential manner, then I think amendment was rejected. yields time? fairness says we have to look at what Mr. MOYNIHAN. I move to lay that Mr. SANTORUM addressed the Chair. will constitute success in a differential motion on the table. The PRESIDING OFFICER. The Sen- manner. Failure to do so is just going The motion to lay on the table was ator from Pennsylvania. to mean that those who start poor are agreed to. Mr. SANTORUM. Mr. President, I going to not only end poor but they are AMENDMENT NO. 2568 hope Members listen to this because going to be beaten around the head and The PRESIDING OFFICER. Under this is a gutting amendment. I heard a neck with penalties and sanctions be- the previous order, there will now be 10 lot of comments on the other side of cause they have failed to achieve unre- minutes of debate equally divided on the aisle, even from the President, alistic objectives given the resources the Graham amendment No. 2568 to be about how the Republican bill was that were provided. followed by a vote on or in relation to weak on work. What the amendment of The PRESIDING OFFICER. The Sen- the amendment. the Senator from Florida does is elimi- ator’s time has expired. Mr. GRAHAM. Mr. President, I ask nate all the work requirements. What Mr. SANTORUM. Mr. President, I unanimous consent that Senator he does is say that it makes all the will read from the Senator’s amend- PRYOR be added as a cosponsor of this participation rates of people getting ment. amendment. into work voluntary. It eliminates any A State to which a grant is made under The PRESIDING OFFICER. Without of the work requirement. section 403 shall make every effort to objection, it is so ordered. This is the 1988 act back with you achieve the national work participation rate Mr. GRAHAM. Mr. President, the again, which, of course, required work goals. structure of this bill establishes objec- but did not sanction anybody if they This is not a mandate—shall make tives that States are to meet, particu- did not work. every effort to achieve the goal. It does larly in the area of placement of people What has happened? Four percent of not mandate that they have to partici- in work, 25 percent in 1996 rising to 50 the welfare recipients work in this pate. They do not get sanctioned if in percent in the year 2000. Those are country today. This is the nuclear fact they do not meet these participa- laudable objectives. bomb on this bill which would basically tion rate goals. S 13640 CONGRESSIONAL RECORD — SENATE September 15, 1995 It is the 1988 act all over again which Mr. LOTT. I announce that the Sen- The PRESIDING OFFICER. Without says we want you to do it, but if you do ator from Alaska [Mr. STEVENS] is nec- objection, it is so ordered. not do this you do not get any sanc- essarily absent. AMENDMENT NO. 2617 tion. This is the nonwork amendment. The PRESIDING OFFICER (Mr. The PRESIDING OFFICER. Under And I urge its defeat. I yield back the FAIRCLOTH). Are there any other Sen- the previous order, there will now be 10 remainder of my time. ators in the Chamber who desire to minutes for debate equally divided on The PRESIDING OFFICER. All time vote? the Gramm amendment No. 2617, to be has expired. The result was announced—yeas 23, followed by a vote on or in relation to Mr. SANTORUM addressed the Chair. nays 76, as follows: the amendment. Mr. GRAHAM addressed the Chair. [Rollcall Vote No. 434 Leg.] Mr. GRAMM addressed the Chair. Mr. SANTORUM. Mr. President, I YEAS—23 The PRESIDING OFFICER. The Sen- can reclaim my time? ator from Texas. Akaka Ford Lautenberg Mr. GRAMM. Mr. President, the Mr. GRAHAM addressed the Chair. Bingaman Graham Mikulski amendment before us is a very, very Mr. SANTORUM. I yield my remain- Bradley Heflin Nunn Breaux Inouye simple amendment. Let me just relate ing time to the Senator from Colorado. Pell Bryan Johnston Pryor some facts about the amendment. Mr. GRAHAM. Mr. President, could I Bumpers Kennedy Sarbanes On January 1, 1995, Indiana started a ask one question of either the Senator Daschle Kerrey Simon Feinstein Kerry welfare reform pilot program in which from Pennsylvania or the Senator from welfare recipients were required to NAYS—76 Colorado. work or lose their benefits. The Legal Would they please read the last page Abraham Feingold McCain Services Corporation of Indiana filed a of the amendment. Ashcroft Frist McConnell Baucus Glenn Moseley-Braun lawsuit to block the implementation of Mr. SANTORUM. Mr. President, if I Bennett Gorton Moynihan that law. can can respond to the Senator from Biden Gramm Murkowski On October 1, 1991, Michigan, the Florida, what it says is that the Sec- Bond Grams Murray first State in the Nation ever to com- Boxer Grassley retary shall consult with the States Nickles prehensively reform welfare, began its Brown Gregg Packwood and establish a goal. It does not say Burns Harkin Pressler program to deny general assistance to Byrd Hatch what that goal is. It could be 2 percent. Reid nonworking, able-bodied, single adults It could be 5 percent. It does not say Campbell Hatfield Chafee Helms Robb without children. The Legal Services anything about any kind of goal of 35 Coats Hollings Rockefeller Corporation of Michigan filed a lawsuit or 50 percent, which is what this bill Cochran Hutchison Roth to try to block the implementation of does. You make it all arbitrary. Cohen Inhofe Santorum Shelby that law. Conrad Jeffords In 1992, the New Jersey Family De- Mr. GRAHAM. I guess the Senator Coverdell Kassebaum Simpson will not understand it then. Craig Kempthorne Smith velopment Act, which among other Mr. SANTORUM. It eliminates the D’Amato Kohl Snowe things, denied additional AFDC pay- participation rates that are in the bill DeWine Kyl Specter ments to mothers for children con- Dodd Leahy Thomas ceived while on welfare. Five federally today. And I yield the remainder of my Dole Levin Thompson time to the Senator from Colorado. Domenici Lieberman Thurmond funded New Jersey Legal Services Mr. BROWN. Mr. President, I know Dorgan Lott Warner grantees filed lawsuits to block the im- Exon Lugar Wellstone plementation of that law. the distinguished Senator from Florida Faircloth Mack has very good intentions, and he is In 1994, Pennsylvania law ended wel- known as a very thoughtful Member. I NOT VOTING—1 fare benefits for nonworking, able-bod- merely would add this for Members’ Stevens ied recipients. The Legal Services Cor- consideration. So the amendment (No. 2568) was re- poration in Pennsylvania filed a law- In the 1988 act, we billed that as a re- jected. suit to block the implementation of quirement to either work or train or go Mr. SANTORUM. Mr. President, I that law. Not one single State in the Union has to school, and what happened is with- move to reconsider the vote by which tried to reform welfare, has tried to out penalties we ended up with only 4 the amendment was rejected. implement a mandatory work require- percent of the entire population in wel- Mr. MOYNIHAN. I move to lay that ment, has tried to set up a limit on the fare in this Nation in work programs. motion on the table. amount of time you can be on welfare, In other words, when given an option The motion to lay on the table was or has tried to deny additional benefits and without penalties, work did not agreed to. to people on welfare who have addi- happen. UNANIMOUS CONSENT AGREEMENT - tional children without being chal- The surest way to end the potential Mr. SANTORUM. Mr. President, I lenged at the taxpayers’ expense. of getting people back in the main- ask unanimous consent, notwithstand- Not one such State action has failed stream by getting real work experience ing the consent of September 14, that a to be challenged by Legal Services Cor- is to eliminate the penalties for not vote occur on the Dole modification poration in the courts. These lawsuits complying with the work requirement. following the debate, and following the have been long and protracted. They If you leave this without a strong pen- disposition of the two leaders’ amend- have been funded by Federal taxpayer alty for not working, you will elimi- ments, one of which will be a Dole mo- funds. nate our ability to get people back into tion to strike the Bradley amendment, So this amendment says, very sim- the mainstream. the underlying Dole amendment No. ply, this: No Federal taxpayer funds I am convinced this may be the most 2280, as amended, be deemed agreed to. shall be used to block the implementa- important amendment that we have Mr. BRADLEY. Reserving my right tion of this welfare reform bill, any considered. I hope the body will vote to object, is there a time for debate on State welfare reform bill, or any regu- resoundingly to retain those strong the motion to strike the Bradley lation emanating from those laws. penalties because, believe me, without amendment? Now, let me make it clear. Legal them our experience indicates it will Mr. SANTORUM. There is no time Services Corporation can fund a law- not happen. limit at this point. We will be willing suit where a recipient argues that the I yield back the remainder of the to enter into a time agreement, but rules or the law are not being fairly time. there is no time limit. implemented with regard to their The PRESIDING OFFICER. All time The PRESIDING OFFICER. Without claim. But taxpayer funding from the has expired. objection, it is so ordered. Federal Government cannot be used to The question occurs on agreeing to Mr. SANTORUM. Mr. President, I try to overturn the law or overturn the the Graham amendment. The yeas and ask unanimous consent that the regulation. nays have been ordered. The clerk will Gramm amendment No. 2617 be moved It is a very simple amendment. I urge call the roll. ahead of the Gramm amendment 2615, my colleagues to vote for it. I reserve The legislative clerk called the roll. as modified. the remainder of my time. September 15, 1995 CONGRESSIONAL RECORD — SENATE S 13641 Mr. KENNEDY. Mr. President, I that my friend from Texas has a prob- be a nation that believes in equal jus- yields myself 21⁄2 minutes. First of all, lem with the entire entity of Legal tice under the law and not make legal this is not just about Federal funds. Services. He would like to wipe it all services available to people who are The Senator’s amendment includes all out, period, under any circumstances, too poor to afford them. How do you funds. It says if any advocacy group for for any reason. This is not the place to make our legal system work, and how disability or for children, as well as at do this. do you make the rule of law equitable Legal Services, receives a nickel from I respectfully urge my colleagues to and have a real system of justice? Legal Services, they cannot challenge vote against it, or if it is a tabling mo- I very strongly oppose the amend- any provision under this act, which is tion, vote to table it. Let us fight this ment of the Senator from Texas. targeted on the most vulnerable indi- out on the whole of the future of Legal The PRESIDING OFFICER. The Sen- viduals. Services, not on a welfare bill. ator from Texas has 2 minutes remain- Now, we have provisions in here deal- Mr. KENNEDY. I yield a minute to ing. ing with adoption. We have provisions the Senator from Iowa. Mr. GRAMM. Mr. President, first of in here on child support. We have pro- Mr. HARKIN. Mr. President, this all, current law allows any Legal Serv- visions in here on day care, and we does not just go to Legal Services rep- ices Corporation grantee in America to have requirements on the States to resenting poor people. This goes to pro- file a lawsuit on behalf of any client, make sure that those provisions are tection and advocacy groups represent- using taxpayers’ funds, regardless of going to be effective. ing disabled citizens of the United whether or not the individual is being Under the Gramm amendment, if a States. Many times, Legal Services en- treated fairly under the Federal law or mother in any of our States found that tities in our States provide funds to the State law or Federal regulations or the State law was insufficient for the protection and advocacy groups which State regulations emanating from the purposes of this law, she would be pre- we have set up under the law. These law. But what my amendment says is cluded from going ahead and challeng- are legal entities set up to represent that taxpayer funding cannot be used ing that rule or regulation or State law and to help people with disabilities to to try to block the implementation of that otherwise should be meeting the get through administrative procedures laws that the American people are for requirements of this law. I mean, that and legal proceedings. in overwhelming numbers. absolutely makes no sense. Here we are If you read the amendment of the It is time that we stop taxpayer putting in provisions on child care, Senator from Texas, it says that no funds from being used to circumvent provisions on disability, provisions af- legal aid organization, or other en- the will of the people who pay those fecting older Americans, making tity—other entity—so protection and taxes. States go ahead and develop their own advocacy groups for the disabled would Second, the lamenting that we are laws to implement those, and we are be cut out. If you look at the last para- not funding advocacy groups—if they saying, even here, if they are not graph, defined is ‘‘legal proceeding.’’ In want to advocate, God bless them, but strong enough, we are denying any of a court of the United States, court of let them advocate with their own the advocacy groups that they receive the State, in an administrative hear- money, not the taxpayers’ money. a nickel of Legal Services money or ing, in a Federal or State act. You Finally, State law and Federal law private money, if they receive a nickel might as well tell every disabled per- cannot be challenged with Federal tax- of Legal Services money from protect- son in this country that they have no payer money, but that does not keep ing those vulnerable people. right to go into a court or no right to the ACLU from challenging it. It does The Senator from Texas usually go into an administrative hearing to not keep private groups from doing it. talks about the ‘‘strings’’ that are challenge the validity of a State regu- My amendment is very, very simple. going on as a requirement of various lation. It stops what is going on all over Federal programs. He is putting strings For the life of me, I cannot under- America. Federal tax dollars, through on the private sector. In my State, in stand why the Senator from Texas the Legal Services Corporation, are Boston, MA, about 35 percent of the would want to pick on the most vulner- being used to try to block every effort funds for Legal Services in Boston are able in our society. Forget just about to force able-bodied welfare recipients Legal Services funds. But the others Legal Services. Focus on the disabled. to go to work. Every effort to try to re- come from the private sector. He is This is going to cut every disabled per- form welfare has been challenged using saying you cannot even use a nickel of son in this country of low-income taxpayer money. I want to bring that the private sector funds, from private means. Obviously, if you have the to an end. If people oppose welfare re- companies, from private individuals, to money, if you have the money, you can form, let them run for public office or protect the most vulnerable in our so- hire any lawyer you want. If you are put up their own money to challenge it ciety. Child support, adoption, disabil- disabled and poor, you will not be able in the court. But do not take the ity—his amendment would deny that. to challenge the validity or legality of money of the people who do the work, We will have a chance to debate this any regulation in any State regardless pay the taxes, and pull the wagon in issue next week on the Appropriations of how onerous it may be. For that rea- America to try to stop the implemen- Committee on Commerce. Why do it son, it ought to be defeated. tation of law, which they strongly sup- Mr. WELLSTONE addressed the now? port. I reserve the remainder of my time. Chair. I urge my colleagues to vote for this The PRESIDING OFFICER. Who The PRESIDING OFFICER. The amendment. yields time? Chair recognizes the Senator from Min- Mr. HEFLIN. Mr. President, I move Mr. GRAMM. Mr. President, I am nesota. going to be the concluding speaker on Mr. WELLSTONE. Mr. President, I to table the amendment and I ask for the yeas and nays. the amendment. I ask Senator KEN- have spoken before in the debate—— The PRESIDING OFFICER. Is there a NEDY to go ahead and use his time. Mr. KENNEDY. Mr. President, how I reserve the remainder of my time. much time remains? sufficient second? There is a sufficient Mr. KENNEDY. I will yield a The PRESIDING OFFICER. There second. minute—how much time do I have. are 30 seconds. The yeas and nays were ordered. The PRESIDING OFFICER. Two Mr. KENNEDY. I yield 15 seconds to The PRESIDING OFFICER. The minutes 30 seconds. the Senator from Minnesota. question is on agreeing to the motion Mr. KENNEDY. I yield 20 seconds to Mr. WELLSTONE. I actually will to table. Senator BIDEN. defer to the Senator from Maryland. The yeas and nays have been ordered. Mr. BIDEN. I will be very brief. This We defeated a similar amendment last The clerk will call the roll. is the wrong place to consider this. As session. The legislative clerk called the roll. the Senator from Massachusetts point- I yield to the Senator from Mary- Mr. LOTT. I announce that the Sen- ed out, the committee is going to be land. ator from Oklahoma [Mr. NICKLES] and taking up this question about the Mr. SARBANES. Mr. President, I do the Senator from Alaska [Mr. STEVENS] whole scope of Legal Services. I know not understand how you can profess to are necessarily absent. S 13642 CONGRESSIONAL RECORD — SENATE September 15, 1995 The PRESIDING OFFICER. Are there (b) REDUCTIONS IN THE DEPARTMENT OF to the States and eliminating Federal any other Senators in the Chamber de- HEALTH AND HUMAN SERVICES.—Notwith- programs—about all of these Govern- siring to vote? standing any other provision of this Act, the ment employees who were running the The result was announced—yeas 51, Secretary of Health and Human Services old programs remaining Government shall take such actions as may be necessary, nays 47, as follows: including reductions in force actions, con- employees and undercutting what the [Rollcall Vote No. 435 Leg.] sistent with sections 3502 and 3595 of title 5, States are doing. YEAS—51 United States Code, to reduce the full-time In any other city in America, this would be an amendment in which any- Akaka Feinstein Lieberman equivalent positions within the Department Baucus Ford Mikulski of Health and Human Services— body who opposed it would be laughed Biden Glenn Moseley-Braun (1) by 245 full-time equivalent positions re- out of the room. Unfortunately, this is Bingaman Gorton Moynihan lated to the program converted into a block Washington, DC. We are talking about Boxer Graham Murray grant under the amendment made by section Government positions. Bradley Harkin Nunn 101(b); and And what I am saying is simply this: Breaux Heflin Packwood (2) by 60 full-time equivalent managerial Bryan Inouye Pell positions in the Department. If you eliminate a Government pro- Bumpers Jeffords Pryor gram, you have to eliminate at least 75 Chafee Johnston Reid The PRESIDING OFFICER. Who percent of the positions. I think it Cohen Kennedy Robb yields time? ought to be 100 percent. You also have Conrad Kerrey Rockefeller Mr. GRAMM addressed the Chair. Daschle Kerry Sarbanes to lower the overhead for that portion The PRESIDING OFFICER. The Sen- Dodd Kohl Simon of the program by 75 percent. Dorgan Lautenberg Snowe ator from Texas is recognized. It is an eminently reasonable amend- Exon Leahy Specter Does the Senator from Texas wish to ment. It may make too much sense to Feingold Levin Wellstone modify his amendment? be given consideration in the U.S. Sen- Mr. GRAMM. I believe, Mr. Presi- NAYS—47 ate. We shall see. But I wanted to offer dent, the amendment has already been Abraham Faircloth Lugar it. Ashcroft Frist Mack modified. Bennett Gramm I reserve the remainder of my time. McCain The PRESIDING OFFICER. The Mr. GLENN. Mr. President, I yield Bond Grams McConnell Chair recognizes the Senator from Brown Grassley myself such time as I may require. Murkowski Texas. Burns Gregg Pressler The PRESIDING OFFICER (Mr. Byrd Hatch Roth Mr. GRAMM. Mr. President, this is a Grams). The Senator from Ohio is rec- Campbell Hatfield Santorum very important principle. The number Coats Helms ognized. Shelby of positions that are affected by the Cochran Hollings Mr. GLENN. Mr. President, that all Simpson Coverdell Hutchison amendment are relatively small, but Smith sounds very good. In transferring this Craig Inhofe let me explain why the principle is im- Thomas back to the States there will be a block D’Amato Kassebaum portant. DeWine Kempthorne Thompson grant except for one thing. For people Dole Kyl Thurmond We are in the process, in this welfare in Washington, DC, we have loaded Domenici Lott Warner reform bill, of doing something that we down the department with all sorts of have not done in 40 years. Rather than NOT VOTING—2 requirements for monitoring and eval- power and decisionmaking authority Nickles Stevens uation and advice to prevent some of residing Washington, we are sending it the abuse of the States, among other So the motion to lay on the table the back to the States, counties, cities and things. With just a casual look at what amendment (No. 2617), as modified, was to the people. current responsibilities are, the respon- agreed to. We are, in fact, in this bill, eliminat- sibilities of the Federal Government Mr. MOYNIHAN. Mr. President, I ing a Federal program known as AFDC still remain. move to reconsider the vote. [aid to families with dependent chil- Under the Dole bill, it indicates that Mr. FORD. I move to lay that motion dren]. We will be debating, later, the the Dole bill expands the jobs in Wash- on the table. elimination of Federal job training ington, not contracts. Less than 1 per- The motion to lay on the table was programs where the money for those cent of the total staff administering agreed to. programs will be given back to the welfare is employed at the Federal AMENDMENT NO. 2615, AS MODIFIED States. We will allow each State to level—State, Federal, and local. Ad- The PRESIDING OFFICER. Under conduct job training in such a way that ministrative costs account for less the previous order, there will now be 10 the State believes will be most success- than 1,000 of the total 4(a) and 4(f) ex- minutes of debate, equally divided, on ful within its borders. penditures. the Gramm amendment No. 2615, as Here is the question. Given that we We have assumed new responsibil- modified, to be followed by a vote on or are eliminating Federal programs, ities under the Dole bill to provide in relation to the amendment. what about the people who are em- technical assistance to hundreds of The amendment (No. 2615), as modi- ployed by the Federal Government to tribes to design and implement new fied, is as follows: run those programs? What happens to cash assistance programs; also, to On page 792, strike lines 1 through 22 and the jobs in AFDC when we eliminate gather, compile, evaluate, and dissemi- insert the following: AFDC? What happens to the jobs in nate data on a larger scale and with SEC. 1202. REDUCTIONS IN FEDERAL BUREAUC- these training programs when we greater case specific variables. RACY. eliminate the training programs? We are assuming new program analy- (a) IN GENERAL.—The Secretary of Health What I am proposing is a very modest sis, and dissemination of information and Human Services shall reduce the Federal amendment. I am sure it will be responsibilities. This is particularly workforce within the Department of Health strongly opposed by people who believe true in the child support enforcement and Human Services by an amount equal to that immortality in a temporal sense area. the sum of— is defined as a Government program or (1) 75 percent of the full-time equivalent We have put all sorts of monitoring positions at each such Department that re- a Government position. But what I am requirements on here that, if anything, late to any direct spending program, or any saying is this: If you eliminate a pro- a case could be made for needing more program funded through discretionary spend- gram, you cannot keep more than 25 people to do it. ing, that has been converted into a block percent of the people who work di- Let me break this down more. Tech- grant program under this Act and the rectly on that program even though nical assistance to States: We have a amendments made by this Act; and they have nothing to do. Second, you whole series of new requirements under (2) an amount equal to 75 percent of that have to take the overhead of the de- the Dole bill which most of us do not portion of the total full-time equivalent de- partment that the program is part of disagree with at all. partmental management positions at each Under tribal issues, supporting tribal such Department that bears the same rela- and you have to reduce that overhead tionship to the amount appropriated for the proportionately because that program efforts in designing assistance pro- programs referred to in paragraph (1) as such no longer exists. grams; reviewing and approving tem- amount relates to the total amount appro- I think we have a legitimate right to porary assistance plans; we are collect- priated for use by each such Department. be concerned—when giving power back ing and evaluating some data collected September 15, 1995 CONGRESSIONAL RECORD — SENATE S 13643 from the States, including all sorts of people who are truly needy, is a bu- The PRESIDING OFFICER. Is there a things that we were not required to do reaucratic tax. As a Governor, I can sufficient second? There appears to be before. Under data collection and eval- testify that the more the bureaucracy a sufficient second. uation where there are five require- proliferates in Washington the greater The yeas and nays were ordered. ments now in existing law, under the the percentage of the resource at the The PRESIDING OFFICER. The Dole bill we now have 16 different—in State level that has to be used to re- question is on agreeing to the motion other words 11 brandnew—data collec- spond to the bureaucracy in Washing- to table the amendment No. 2615. The tion and evaluation requirements on ton rather than to meet the needs of yeas and nays have been ordered. The this. the truly needy. clerk will call the roll. In other words, on HHS we are giving I believe, to the extent that we can The bill clerk called the roll. them all these things to do and saying reduce the bureaucratic tax on the Mr. LOTT. I announce that the Sen- but it is an unfunded mandate. We are poor which is represented by Washing- ator from Oklahoma [Mr. NICKLES] and not going to give you the money to do ton bureaucrats who are no longer the Senator from Alaska [Mr. STEVENS] this. We are going to cut the position needed because we cut the program, are necessarily absent. to do the things we are telling you to that we ought to do that, and for that The PRESIDING OFFICER. Are there do which does not make any sense at reason I believe Senator GRAMM’s any other Senators in the Chamber all to do this. amendment is in order and ought to be who desire to vote? The result was announced—yeas 49, I could go on with this if we had an supported by Members of this body. nays 49, as follows: hour or so. I would like to go into each The PRESIDING OFFICER. Who one of these in detail. Policy and plan- yields time? [Rollcall Vote No. 436 Leg.] ning accounts, the same thing; ac- Mr. GLENN. Mr. President, how YEAS—49 countability, all of these things. We do much time remains? Akaka Feingold Levin The PRESIDING OFFICER. The Sen- Biden Feinstein Lieberman not want to cut back on accountability ator has 35 seconds. Bingaman Ford Mikulski now. We have to review State and trib- Mr. GLENN. Read the Dole bill. It Boxer Glenn Moseley-Braun Bradley Graham al audits, review and rank State per- puts more requirements on the Federal Moynihan formance, establish penalties, and ad- Breaux Harkin Murray Government. I went through some of it Bryan Hollings minister appeals process. Nunn here, a whole host of them, and at the Bumpers Inouye Pell Byrd Jeffords We are going to have to develop and Pryor same time we are saying we give an un- Campbell Johnston program outcome measures at the Reid funded mandate to HHS we say you Chafee Kassebaum Robb same time we are cutting the people have to do more, you have to do more Cohen Kennedy Rockefeller that are required to do all these things. analysis, do all of these additional Conrad Kerrey And for each of these I have a para- Daschle Kerry Sarbanes things that are listed right here. This Simon graph reference in the bill itself. Dodd Kohl is not fictitious stuff. We say you have Dorgan Lautenberg Wellstone How much time do I have remaining? to do a lot more in the way of analyz- Exon Leahy The PRESIDING OFFICER. The Sen- ing, and so on. Yet, we are going to cut NAYS—49 ator from Ohio has 2 minutes. the people who do it. How on Earth are Mr. GLENN. I yield at this point 30 Abraham Gorton McConnell we going to prevent abuse in these pro- Ashcroft Gramm Murkowski seconds to the Senator from New York. grams if we do that kind of Govern- Baucus Grams Packwood Mr. MOYNIHAN. Mr. President, the ment operation? It does not make any Bennett Grassley Pressler Senator from Ohio has pointed out Bond Gregg Roth sense at all. It will not work this way. Brown Hatch Santorum clearly something I find painful. In the We are setting up a recipe for disaster, Burns Hatfield very long time that I have been in this Shelby if we do it that way. Coats Heflin Simpson Cochran Helms city I have never seen legislation im- Smith Thank you, Mr. President. Coverdell Hutchison posing more regulatory requirements Snowe Mr. GRAMM. Mr. President, let me Craig Inhofe Specter on State governments by the Federal remind my colleagues that we are D’Amato Kempthorne Government than this bill. eliminating this Federal program, that DeWine Kyl Thomas And I would simply respond, if I may. Dole Lott Thompson the money is going back to the States, Domenici Lugar Thurmond In a little bit of a caricature a couple and they are going to run the program. Faircloth Mack Warner of days ago when one of the these new Yet, the Senator from Ohio says that a Frist McCain regulatory provisions came along, I case can be made supporting the need NOT VOTING—2 stood on this side of the aisle and said, for more employees in Washington, Nickles Stevens ‘‘Mr. President, as one who dearly even once we have eliminated the pro- So the motion to table the amend- loves Federal regulations imposed on gram. There is nothing so immortal as ment (No. 2615), as modified, was re- States in minute, indecipherable de- a Government program. tail, I accept this amendment with We celebrate here our giving back of jected. The PRESIDING OFFICER. The great gusto.’’ funds to the States to run the program, question now is on agreeing to the I could not say it better. It is going and yet we are arguing that we have to to be a great generation for regulators, amendment. preserve the Federal jobs in a program Mr. GLENN. I ask for the yeas and but not very great for poor people and that no longer exists. No wonder the nays. certainly not great for poor children. American people are outraged that The PRESIDING OFFICER. Is there a Mr. GLENN. Mr. President, I reserve Government grows like a cancer. sufficient second? the remainder of my time. My amendment is a very modest There appears to be a sufficient sec- Mr. GRAMM. How much time is left? amendment. It says you have elimi- ond. The PRESIDING OFFICER. The Sen- nated the program. Eliminate 75 per- The yeas and nays were ordered. ator from Ohio has 35 seconds remain- cent of its jobs. It seems to me that we The PRESIDING OFFICER. The ing. ought to eliminate 100 percent of them, question is on agreeing to the amend- Mr. GRAMM. Mr. President, I yield 1 but instead, I say keep 25 percent of ment. The yeas and nays have been or- minute to the distinguished Senator the people in an agency that no longer dered. The clerk will call the roll. from Missouri. carries out a function, a function that Mr. DOLE. I suggest the absence of a The PRESIDING OFFICER. Just a is now run by the State. quorum. reminder that the amendment that is I see this as a very modest amend- The PRESIDING OFFICER. The offered by the Senator from Texas has ment. We ought to be eliminating clerk will call the roll to ascertain the been modified. every one of these positions, and I urge presence of a quorum. The Senator from Missouri. my colleagues to vote for this amend- The assistant legislative clerk pro- Mr. ASHCROFT. Thank you Mr. ment. ceeded to call the roll. President. Mr. GLENN. Mr. President, I move to Mr. DOLE. Mr. President, I ask unan- I rise in support of the amendment. table the amendment and ask for the imous consent that the order for the One of the taxes on poor Americans, yeas and nays. quorum call be rescinded. S 13644 CONGRESSIONAL RECORD — SENATE September 15, 1995 The PRESIDING OFFICER. Without vidual—practically any person—bene- This is, again, not a new Federal en- objection, it is so ordered. fits. It can deny benefits if you do not titlement. It is simply common sense. Mr. DOLE. I ask unanimous consent work. A State can deny benefits if you Mr. President, I am ready, if the ma- that the pending matter be set aside. have additional children. It can deny jority leader would like to make the The PRESIDING OFFICER. Is there benefits if you do not comply with the motion to strike at this time, to have objection? requirements of your individual agree- the vote on the motion to strike. Without objection, it is so ordered. ment. The State can deny benefits, Mr. DOLE. I make a motion to strike MOTION TO STRIKE AMENDMENT NO. 2496 under this proposal, practically for the amendment numbered 2496. Mr. DOLE. Mr. President, I intend to anything. But what the State cannot The Bradley amendment amends the make a motion to strike the previously do under this amendment is deny you plan that States must submit to re- agreed to amendment No. 2496, which benefits for no reason at all if you are ceive Federal funds under the new was offered by the Senator from New a poor family who is eligible under the block grant. Jersey, Senator BRADLEY. State’s own rules. Specifically, the amendment does The PRESIDING OFFICER. Under To those who object to this amend- three things: the previous order, the Senator is au- ment, I just simply would like to ask, It requires the State to define who is thorized to make that motion. what is it that you want States to be eligible and who is ineligible for cash Mr. DOLE. First, I want to apologize able to do that they would not be able assistance. This creates the invitation to my friend from New Jersey. I was so to do under this amendment? I, frank- for welfare litigation against the anxious to be accommodating, because ly, cannot imagine. I cannot imagine States over who is eligible for assist- I always have been, but I took the why States should not be required sim- ance. amendment before I realized that it ply to say what their rules are for eli- It creates an individual entitlement had some points that were not what I gibility, what the benefits are, and who by requiring States to provide benefits thought they were. I do not suggest gets cut off, and then simply follow the to all individuals that the States deem that he said anything, but I did not rules. eligible. This amendment shifts the en- read it carefully enough. The only right that is created here is titlement from the Federal Govern- What the Bradley amendment would not a right to money, it is a right to ment to the State government. The do is amend the plans that States must know what the rules are. How do you cycle of dependency that is created by submit to receive Federal block grants. determine who gets any benefits, un- the entitlement must be broken. Finally, the Bradley amendment cre- It does three things. It requires the less the State has written rules that ates an unfunded mandate on the State to define who is eligible and who clearly state who is eligible? How do States by possibly requiring States to is not eligible for cash assistance, and we decide that someone who fits the provide unmatched funds to individ- this creates the invitation for welfare category of eligibility should not be uals. litigation against the States over who given benefits if there are no rules? So I simply say that this is a very Mr. President, the point of this exer- is eligible for assistance. It creates an straightforward amendment. It is an cise is to provide States with the need- individual entitlement by requiring attempt to add clarity to what will be ed flexibility to address welfare reform, States to provide benefits to all indi- a confused policy in States. I think it not to create another unfunded man- viduals that the States deem eligible. illustrates, once again, the problem of date on the States. This amendment shifts the time a block grant with no rules to imple- The PRESIDING OFFICER. The mo- limit from the Federal Government to ment the block grant. This came tion has been made. Is there further de- the State government. The cycle of de- through in very vivid terms yesterday bate? pendency created by the entitlement when we had an amendment—a well-in- Mr. DOLE. Mr. President, I ask for must be broken. We do not want to tentioned amendment—that said in the yeas and nays. shift that from the Federal to the order to reduce illegitimacy, which is The PRESIDING OFFICER. Is there a State government. what all of us would like to do, a State sufficient second? There is a sufficient Finally, the amendment creates an that reduced illegitimacy would get a second. The yeas and nays have been unfunded mandate by possibly requir- bonus, but the amendment read that ordered. ing States to provide unmatched funds the State would have to reduce illegit- The question is on the motion to to individuals. We do not want to cre- imacy without increasing abortions. strike the previously agreed-to Bradley ate additional unfunded mandates. So those are both pretty good inten- amendment. The point of this exercise, all the de- tions. But what that means, as I read Mr. DASCHLE. Mr. President, I ask bate we have had, is to provide States that amendment, is that every woman unanimous consent that the Dole with the needed flexibility to address in a State has to be asked if she has amendment be set aside in order to ac- welfare reform and not to create a pos- had an abortion. commodate one final amendment. It sible unfunded mandate on the States Otherwise, how do you determine would be my understanding I will offer or, as I said, second, another entitle- how many abortions were performed in this amendment and then we would ment. We do not know what the cost of the State? The result of the amend- have two votes, perhaps three votes this amendment could possibly be. For ment is a direct involvement of the stacked, at least two votes, following the reasons stated, I should not have State government in the lives of every debate on the Daschle amendment. accepted the amendment. woman in the State asking the ques- The PRESIDING OFFICER. Without I now move to strike the amendment, tion, have you or have you not had an objection, it is so ordered. and after the debate I will ask for the abortion? AMENDMENT NO. 2682 TO NO. 2280 yeas and nays. Unless that is asked to every woman, (Purpose: To permit States to provide Mr. BRADLEY. Mr. President, I do how do you determine whether abor- noncash assistance to children ineligible say to the distinguished majority lead- tions have gone up or gone down? If for aid because of the 5-year time limita- er that I was a little surprised when he you do not know whether abortions tion) said he would accept the amendment. I have gone up or gone down, how do you Mr. DASCHLE. Mr. President, I will thought it was perfectly appropriate, determine the offset against the ille- be very brief. because I would not characterize the gitimacy rate? We have had a good debate about a amendment exactly as he has charac- Mr. President, that amendment is an- number of issues relating to welfare. terized the amendment. other illustration of the problem with The one that I do not think we have It does not create a Federal entitle- a block grant that has no requirement talked enough about, and I will be brief ment. It, first, does not add any addi- of any rule. as we talk about it this afternoon, is tional spending. It does not touch the This amendment would simply say what happens to children under cir- block grant. CBO has told us that it that the State has to establish rules of cumstances that are not of their con- would not result in a penny of addi- eligibility and has to apply those rules trol. I believe we have to ensure, re- tional Federal outlays. of eligibility for every person who fits gardless of what else we do, that chil- Second, it does not entitle anyone to into that category. It is as simple as dren do not pay for the mistakes or cir- anything. A State can deny any indi- that. cumstances of their parents. Of the 14 September 15, 1995 CONGRESSIONAL RECORD — SENATE S 13645 million people on AFDC, 9 million are The amendment is as follows: Senator from Rhode Island [Mr. children. They did not ask to be born On page 40, between lines 16 and 17, insert CHAFEE], the Senator from Oklahoma into these circumstances. They cannot the following new paragraph: [Mr. NICKLES], the Senator from Alas- get their parents out of these cir- ‘‘(4) NON-CASH ASSISTANCE FOR CHILDREN.— ka [Mr. STEVENS], and the Senator cumstances. Most importantly, these 9 Nothing in paragraph (1) shall be construed from Wyoming [Mr. THOMAS] are nec- million children are part of our future. as prohibiting a State from using funds pro- essarily absent. We talk a lot about State flexibility, vided under section 403 to provide aid, in the I further announce that, if present form of in-kind assistance, vouchers usable but the pending bill does not allow for particular goods or services as specified and voting, the Senator from Wyoming States to provide any assistance to by the State, or vendor payments to individ- [Mr. THOMAS] would vote ‘‘yea.’’ children after 5 years. uals providing such goods or services, to the Mr. FORD. I announce that the Sen- What my amendment does is simply minor children of a needy family.’’. ator from California [Mrs. BOXER] is say we will not prohibit the States Mr. DOLE. Mr. President, I say very necessarily absent. from providing care for children if they briefly, maybe I misunderstood. We The PRESIDING OFFICER. Are there so desire. If ever there was an argu- thought this was part of the agree- any other Senators in the Chamber de- ment for State flexibility, this is it. We ment. We increased the hardship ex- siring to vote? are simply giving States the option to emption from 15 to 20 percent because The result was announced—yeas 50, assist poor children, clothe children, or this was a request earlier of the Sen- nays 44, as follows: help children to stay off the streets. We ator from South Dakota. We could not [Rollcall Vote No. 437 Leg.] are not telling States they have to do agree on that. YEAS—50 it; we are simply saying we will not We thought we agreed to raise the Abraham Frist Mack prevent them from doing it. hardship exemption which would take Ashcroft Gorton McCain Bennett Gramm McConnell You have heard a lot about making care of some of these cases. I hope the people get out of the cart and pull it. Brown Grams Murkowski amendment would not be adopted. Burns Grassley Packwood That is right. We should make people We thought we had an agreement, Campbell Gregg Pressler Coats Hatch get out of the cart and pull it when and we want to stick with that agree- Roth they can take responsibility. Able-bod- Cochran Hatfield Santorum ment. Maybe the Senator from South Cohen Heflin Shelby ied adults should work. But children, Coverdell Helms Dakota had a different interpretation, Simpson infants, and toddlers cannot be ex- Craig Hutchison Smith but I am still willing to leave the hard- D’Amato Inhofe pected to pull the cart. ship exemption at 20 percent, but if we Snowe This really just gives States the op- DeWine Kassebaum have an agreement—if not, maybe it Dole Kempthorne Specter portunity to recognize that fact. The Thompson ought to go back to 15 percent. Domenici Kyl amendment is very simple. It provides Exon Lott Thurmond In any event, I hope we defeat this Faircloth Lugar Warner States with flexibility. It allows States amendment and also strike the amend- to use block grant funds to provide ment of the Senator from New Jersey, NAYS—44 vouchers for goods and services for Senator BRADLEY. Akaka Ford Lieberman Baucus Glenn children and their needs once the time The PRESIDING OFFICER. Is there Mikulski limit hits, to ensure that children are Biden Graham Moseley-Braun further debate? Bingaman Harkin Moynihan protected. I do not understand why Mr. DOLE. I yield back our time. Bradley Hollings Murray Washington should make such a criti- I ask for the yeas and nays. Breaux Inouye Nunn cal decision about what is best for a The PRESIDING OFFICER. Is there a Bryan Jeffords Pell Bumpers Johnston Pryor State when it comes to children. sufficient second? There is a sufficient Byrd Kennedy Reid We have talked about flexibility. We Conrad Kerrey second. Robb have talked about the need to protect Daschle Kerry The yeas and nays have been ordered. Rockefeller kids. It would seem to me that simply Dodd Kohl The PRESIDING OFFICER. Does the Dorgan Lautenberg Sarbanes saying we will not prohibit the States Senator from South Dakota wish to Feingold Leahy Simon from issuing vouchers if they choose to offer his second amendment before the Feinstein Levin Wellstone do so and see it as in their best inter- rollcall begins? NOT VOTING—6 ests is reasonable. I think we ought to Mr. DASCHLE. Mr. President, that Bond Chafee Stevens allow them to do that. concludes my list of amendments. I Boxer Nickles Thomas Once the time limit hits, hopefully have no others to offer. So the motion to strike the amend- families will be off welfare, but we do MOTION TO STRIKE AMENDMENT NO. 2496 ment (No. 2496) was agreed to. not know. Maybe yes, maybe no. Chil- Mr. DOLE. I ask unanimous consent dren, however, did not cause this situa- VOTE ON AMENDMENT NO. 2682 that we return to the motion to strike tion. Children cannot rectify it. The PRESIDING OFFICER. The the Bradley amendment. This amendment is pretty harmless, question is on agreeing to the amend- The PRESIDING OFFICER. The mo- but the ramifications for children ment of the Senator from South Da- tion has been made to return to the could be great if we do not have this kota, No. 2682. On this question, the motion to strike the Bradley amend- State option. Nine million kids—it is yeas and nays have been ordered, and ment. Without objection, it is so or- simply a matter of giving the States the clerk will call the roll. dered. the flexibility. The legislative clerk called the roll. I yield the floor. The question is on agreeing to the Mr. LOTT. I announce that the Sen- The PRESIDING OFFICER. Did the motion to strike the amendment num- ator from Missouri [Mr. BOND], the Senator seek to call up the amend- bered 2496. Senator from Rhode Island [Mr. ment? Mr. DOLE. I ask that these be strict- CHAFEE], the Senator from Oklahoma Mr. DASCHLE. I have an amendment ly 10-minute votes. We have Members [Mr. NICKLES], the Senator from Wyo- at the desk that I call up. on each side that want to leave. ming [Mr. SIMPSON], the Senator from The PRESIDING OFFICER. The The PRESIDING OFFICER. A re- Alaska [Mr. STEVENS], and the Senator clerk will report. minder to the Senators that these will from Wyoming [Mr. THOMAS], are nec- The assistant legislative clerk read be strictly held at 10 minutes for each essarily absent. as follows: vote. I further announce that, if present The Senator from South Dakota [Mr. The question now is on agreeing to and voting, the Senator from Wyoming DASCHLE] for Mr. KENNEDY, for himself and the motion to strike the Bradley [Mr. THOMAS], would vote ‘‘nay.’’ Mr. DASCHLE proposes an amendment num- amendment. The yeas and nays have Mr. FORD. I announce that the Sen- bered 2682 to amendment No. 2280. been ordered. ator from California [Mrs. BOXER], and Mr. DASCHLE. Mr. President, I ask The clerk will call the roll. the Senator from Iowa [Mr. HARKIN] unanimous consent reading of the The assistant legislative clerk called are necessarily absent. amendment be dispensed with. the roll. The PRESIDING OFFICER. Are there The PRESIDING OFFICER. Without Mr. LOTT. I announce that the Sen- any other Senators in the Chamber objection, it is so ordered. ator from Missouri [Mr. BOND], the who desire to vote? S 13646 CONGRESSIONAL RECORD — SENATE September 15, 1995 The result was announced—yeas 44, quish its primary responsibility for Mr. DOLE. Mr. President, it is my nays 48, as follows: dealing with the needs of impoverished understanding, now that we have com- [Rollcall Vote No. 438 Leg.] families and impose a much greater re- pleted action on all the amendments, YEAS—44 sponsibility in that respect on State with the exception of the Gramm Akaka Feinstein Lieberman governments than they previously have amendment No. 2615—there was a mo- Baucus Ford Mikulski borne, we have in several key ways tion to table that amendment. It was Biden Glenn Moseley-Braun failed to provide the states with ade- 49–49. It was not tabled. I think we Bingaman Graham Moynihan quate resources to meet their newly ex- have agreed that that vote can occur Bradley Heflin Murray Breaux Hollings Nunn panded responsibilities. Tuesday. Bryan Inouye Pell Nonetheless, I support the bill’s ob- AMENDMENT NO. 2683 Bumpers Johnston Pryor jective of moving Americans from wel- Byrd Kennedy (Purpose: To make modifications to Reid Conrad Kerrey fare to work, and do not want to weak- amendment No. 2280) Robb Daschle Kerry en the bill’s ability to produce that Rockefeller Mr. DOLE. I am now prepared, if the Dodd Kohl outcome. Sarbanes Democratic leader is prepared, the two Dorgan Lautenberg I regret that the amendment of the Simon of us, to send up the modification. Exon Leahy Senator from Florida has been Feingold Levin Wellstone The PRESIDING OFFICER. The mischaracterized as weakening the clerk will report. NAYS—48 bill’s ability to move welfare recipients Abraham Frist Lugar off the rolls and into work, because The legislative clerk read as follows: Ashcroft Gorton Mack that is not its intention, nor would The Senator from Kansas [Mr. DOLE] pro- Bennett Gramm McCain poses an amendment No. 2683. Brown Grams McConnell that be its effect. The Senator’s Burns Grassley Murkowski amendment leaves intact the very Mr. DOLE. Mr. President, I ask unan- Campbell Gregg Packwood same work participation standards imous consent that reading of the Coats Hatch Pressler Cochran Hatfield Roth contained in the underlying Dole bill. amendment be dispensed with. Cohen Helms Santorum It leaves intact the penalties the bill The PRESIDING OFFICER. Without Coverdell Hutchison Shelby provides for States that fail to meet objection, it is so ordered. Craig Inhofe Smith D’Amato Jeffords Snowe the standards that apply to them. The amendment (No. 2683) is as fol- DeWine Kassebaum Specter The amendment simply seeks to lows: Dole Kempthorne Thompson treat States more fairly in applying On page 17, strike lines 13 through 22 and Domenici Kyl Thurmond work participation standards than does insert the following: Faircloth Lott Warner the underlying bill, in recognition of ‘‘(A) IN GENERAL.—For purposes of para- NOT VOTING—8 the fact that the formulas for funding graph (1)(A), a State family assistance grant for any State for a fiscal year is an amount Bond Harkin Stevens distribution contained in the bill result equal to the sum of— Boxer Nickles Thomas in considerable variation among the Chafee Simpson ‘‘(i) the total amount of the Federal pay- States in the amounts of Federal block ments to the State under section 403 (other So, the amendment (No. 2682) was re- grant funding per poor minor child the than Federal payments to the State de- jected. States receive. To achieve that end, scribed in section subparagraphs (A), (B) and Mr. DOLE. I move to reconsider the the amendment provides for the Fed- (C) of section 419(a)(2)) for fiscal year 1994 (as vote. eral Government to ‘‘adjust the na- such section 403 was in effect during such fis- Mr. FORD. I move to lay that motion tional participation rate [standards]’’ cal year), plus on the table. as they will apply to each State each ‘‘(ii) the total amount of the Federal pay- The motion to lay on the table was ments to the State under subparagraphs (A), year so that they ‘‘reflect the level of (B) and (C) of section 419(a)(2), agreed to. federal funds [each] state is receiving Mr. FRIST addressed the Chair. as such payments were reported by the State * * * and the average number of minor on February 14, 1995, reduced by the amount, The PRESIDING OFFICER. The Sen- children in families having incomes ator from Tennessee. if any, determined under subparagraph (B), below the poverty line that are esti- and for fiscal year 2000, reduced by the per- AMENDMENT NO. 2526 mated for the state for the fiscal year.’’ cent specified under section 418(a)(3), and in- Mr. FRIST. Mr. President, I ask This does not give the Federal Gov- creased by an amount, if any, determined unanimous consent I be added as a co- ernment carte blanche to waive the under paragraph (2)(D). sponsor to Senator SHELBY’s amend- work participation requirement con- On page 77, line 21, strike the end ment No. 2526 relating to an adoption tained in the bill. This does not evis- quotation marks and the second period. tax credit which was approved yester- cerate that requirement. The require- One page 77, between lines 21 and 22, insert day. ment remains. The penalty to be im- the following new section: The PRESIDING OFFICER. Without posed on a State for failing to meet it ‘‘SEC. 419. AMOUNTS FOR CHILD CARE. objection, it is so ordered. still remains. The amendment only in- ‘‘(a) CHILD CARE ALLOCATION— ‘‘(1) IN GENERAL.—From the amount appro- AMENDMENT NO. 2568 jects the ability for some human judg- priated under section 403(a)(4)(A) for a fiscal Mr. KERRY. Mr. President, I strong- ment to be applied in securing fairness year, the Secretary shall set aside an ly support the objective of moving just among the States in applying the work amount equal to the total amount of the as many adult recipients or potential participation requirement when the Federal payments for fiscal year 1994 to recipients of welfare into work and Secretary determines that the funding States under section— self-sufficiency as we possibly can. a State is receiving is not adequate to ‘‘(A) 402(g)(3)(A) of this Act (as such sec- I have some large questions about reasonably permit it to meet the na- tion was in effect before October 1, 1995) for some of the specific provisions and tional work participation standards set amounts expended for child care pursuant to methodologies employed in the bill be- by the bill. No matter which party con- paragraph (1) of such section; fore us, and have supported amend- ‘‘(B) 403(l)(1)(A) of this Act (as so in effect) trols the administration at any point, for amounts expended for child care pursuant ments designed to increase their effec- political reality will not permit any to section 402(g)(1)(A) of this Act, in the case tiveness and fairness. I am concerned administration to disregard the strong- of a State with respect to which section 1108 that because most of those amend- ly evident intent of the Congress that of this Act applies; and ments have failed, in several important all States be subject to work participa- ‘‘(C) 403(n) of this Act (as so in effect) for respects the bill will have a punitive tion requirements assuming this bill child care services pursuant to section 402(i) effect and will leave many jobless becomes law. of this Act. adults without work; without adequate I support a strong work requirement. ‘‘(2) DISTRIBUTION.—From amounts set- help in preparing to compete for, se- I support providing States with suffi- aside for a fiscal year under paragraph (1), cure, and keep employment; and there- cient resources to enable them to meet the Secretary shall pay to a State an amount equal to the total amounts of Fed- fore with incomes inadequate to sup- that requirement. And I support this eral payments for fiscal year 1994 to the port themselves and their children. I amendment to let good judgment be re- State under section— also am concerned that as we act to flected in imposition of the work re- ‘‘(A) 402(g)(3)(A) of this Act (as such sec- have the Federal Government relin- quirement on the States. tion was in effect before October 1, 1995)for September 15, 1995 CONGRESSIONAL RECORD — SENATE S 13647 amounts expended for child care pursuant to more than an average of 20 hours per week ‘‘(I) The Secretary of Health and Human paragraph (1) of such section; during a month and may count such parent Services shall estimate the amount to be ‘‘(B) 403(l)(1)(A) of this Act (as so in effect) as being engaged in work for a month for paid to the State for each quarter under the for amounts expended for child care pursuant purposes, of section 404(c)(1) if such parent provisions of subparagraph (A), such esti- to section 402(g)(1)(A) of this Act, in the case participates in work for an average of 20 mate to be based on a report filed by the of a State with respect to which section 1108 hours per week during such month. State containing its estimate of the total of this Act applies; and ‘‘(2) RULE OF CONSTRUCTION.—Nothing in sum to be expended in such quarter and such ‘‘(C) 403(n) of this Act (as so in effect) for this section shall be construed to provide an other information as the Secretary may find child care services pursuant to section 402(i) entitlement to child care services to any necessary. of this Act. child. ‘‘(II) The Secretary of Health and Human ‘‘(3) USE OF FUNDS.—Amounts received by a On Page 17, line 22, insert before the period Services shall then certify to the Secretary State under paragraph (2) shall only be used the following: ‘‘, and increased by an amount of the Treasury the amount so estimated by to provide child care assistance under this (if any) determined under subparagraph (D).’’ the Secretary of Health and Human Services. part. On Page 18, between lines 21 and 22, insert ‘‘(ii) METHOD OF PAYMENT.—The Secretary ‘‘(4) For purposes of paragraphs (1) and (2), the following: of the Treasury shall thereupon, through the ‘‘(D) AMOUNT ATTRIBUTABLE TO STATE PLAN Federal payments for fiscal year 1994 means Fiscal Service of the Department of the AMENDMENTS.— such payments as reported by the State on Treasury and prior to audit or settlement by ‘‘(1) IN GENERAL.—For purposes of subpara- February 14, 1995. the General Accounting Office, pay to the graph (A), the amount determined under this ‘‘(b) ADDITIONAL APPROPRIATION.— State, at the time or times fixed by the Sec- subparagraph is an amount equal to the Fed- ‘‘(1) IN GENERAL.—There are authorized to retary of Health and Human Services, the eral payment under section 403(a)(5) to the be appropriated and there are appropriated, amount so certified. $3,000,000,000 to be distributed to the States State for emergency assistance in fiscal year ‘‘(iii) METHOD OF RECONCILIATION.—If at the 1995 under any State plan amendment made during the 5-fiscal year period beginning in end of each fiscal year, the Secretary of under section 402 during fiscal year 1994 (as fiscal year 1996 for the provision of child care Health and Human Services finds that a such sections were in effect before the date assistance. State which received amounts from the Fund ISTRIBUTION.— of the enactment of the Work Opportunity ‘‘(2) D in such fiscal year did not meet the mainte- ‘‘(A) IN GENERAL.—The Secretary shall use Act of 1995) subject to the limitation in nance of effort requirement under paragraph amounts made available under paragraph (1) clause (ii). (5)(B) for such fiscal year, the Secretary to make grants to States. The total amount ‘‘(ii) LIMITATION.—Amounts made available shall reduce the State family assistance of grants awarded to a State under this para- under clause (i) to all States shall not exceed grant of such State for the succeeding fiscal graph shall be based on the formula used for $800 million. If amounts available under this year by such amounts. determining the amount of Federal pay- subparagraph are less than the total amount ‘‘(4) USE OF GRANT.— ments to the State for fiscal year 1994 under of emergency assistance payments referred ‘‘(A) IN GENERAL.—An eligible State may section 403(n) (as such section was in effect to in clause (i), the amount payable to a use the grant— before October 1, 1995) for child care services State shall be equal to an amount which ‘‘(i) in any manner that is reasonably cal- pursuant to section 402(i) as such amount re- bears the same relationship to the total culated to accomplish the purpose of this lates to the total amount of such Federal amount available under this clause as the part; or payments to all States for such fiscal year. State emergency assistance payment bears ‘‘(ii) in any manner that such State used ‘‘(B) FISCAL YEAR 2000.—With respect to the to the total amount of such payments. amounts received under part A or F of this last quarter of fiscal year 2000, if the Sec- On page 25, line 18, insert ‘‘In the case of title, as such parts were in effect before Oc- retary determines that any allotment to a amounts paid to the State that are set aside tober 1, 1995. State under this subsection will not be used in accordance with section 419(9), the State ‘‘(B) REFUND OF UNUSED PORTION.—Any by such State for carrying out the purpose may reserve such amounts for any fiscal amount of a grant under this subsection not for which the allotment is available, the Sec- year only for the purpose of providing with- used during the fiscal year shall be returned retary shall make such allotment available out fiscal year limitation child care assist- to the Fund. for carrying out such purpose to 1 or more ance under this part.’’ after the end period. ‘‘(5) ELIGIBLE STATE.— other States which apply for such funds to Beginning on page 315, strike line 6 and all ‘‘(A) IN GENERAL.—For purposes of this sub- the extent the Secretary determines that that follows through page 576, line 12 (re- section, a State is an eligible State with re- such other States will be able to use such ad- number subsequent titles and section num- spect to a fiscal year, if ditional allotments for carrying out such bers accordingly). ‘‘(i)(I) the average rate of total unemploy- purposes. Such available allotments shall be On page 29, between lines 17 and 18, insert ment in such State (seasonally adjusted) for reallocated to a State pursuant to section the following: ‘‘(d) CONTINGENCY FUND.— the period consisting of the most recent 3 402(i) (as such section was in effect before Oc- ‘‘(1) ESTABLISHMENT.—There is hereby es- months for which data for all States are pub- tober 1, 1995) by substituting ‘the number of tablished in the Treasury of the United lished equals or exceeds 6.5 percent, and children residing in all States applying for States a fund which shall be known as the ‘‘(II) the average rate of total unemploy- such funds’ for ‘the number of children resid- ‘Contingency Fund for State Welfare Pro- ment in such State (seasonally adjusted) for ing in the United States in the second pre- grams’ (hereafter in this section referred to the 3-month period equals or exceeds 110 per- ceding fiscal year’. Any amount made avail- as the ‘Fund’). cent of such average rate for either (or both) able to a State from an appropriation for a ‘‘(2) DEPOSITS INTO FUND.—Out of any of the corresponding 3-month periods ending fiscal year in accordance with the preceding money in the Treasury of the United States in the 2 preceding calendar years; and sentence shall, for purposes of this part, be not otherwise appropriated, there are hereby ‘‘(ii) has met the maintenance of effort re- regarded as part of such State’s payment (as appropriated for fiscal years 1996, 1997, 1998, quirement under subparagraph (B) for the determined under this subsection) for such 1999, and 2000, such sums as are necessary for State program funded under this part for the year. payment to the Fund in a total amount not fiscal year. ‘‘(3) AMOUNT OF FUNDS.—The Secretary to exceed $1,000,000,000. shall pay to each eligible State in a fiscal ‘‘(B) MAINTENANCE OF EFFORT.—The main- ‘‘(3) COMPUTATION OF GRANT.— tenance of effort requirement for any State year an amount equal to the Federal medical ‘‘(A) IN GENERAL.—Subject to subparagraph under this subparagraph for any fiscal year assistance percentage for such State for such (B), the Secretary of the Treasury shall pay is the expenditure of an amount at least fiscal year (as defined in section 1905(b)) of so to each eligible State in a fiscal year an equal to 100 percent of the level of historic much of the expenditures by the State for amount equal to the Federal medical assist- State expenditures for such State (as deter- child care in such year as exceed the State ance percentage for such State for such fis- mined under subsection (a)(5)). set-aside for such State under subsection (a) cal year (as defined in section 1905(b)) of so ‘‘(6) ANNUAL REPORTS.—The Secretary of for such year and the amount of State ex- much of the expenditures by the State in the Treasury shall annually report to the penditures in fiscal year 1994 that equal the such year under the State program funded Congress on the status of the Fund. non-Federal share for the programs described under this part as exceed the historic ex- On page 40, line 13, strike ‘‘15’’ and insert in subparagraphs (A), (B) and (C) of sub- penditures for such State. ‘‘20’’. section (a)(1). ‘‘(B) LIMITATION.—The total amount paid At the appropriate place, insert the follow- ‘‘(4) BUDGET SCORING.—Notwithstanding to a State under subparagraph (A) for any ing: section 257(b)(2) of the Balanced Budget and fiscal year shall not exceed an amount equal Emergency Deficit Control Act of 1985, the to 20 percent of the annual amount deter- SEC. . ABSTINENCE EDUCATION. baseline shall assume that no grant shall be mined for such State under the State pro- (a) INCREASE IN FUNDING.—Section 501(a) of made under this subsection after fiscal year gram funded under this part (without regard the Social Security Act (42 U.S.C. 701(a)) is 2000. to this subsection) for such fiscal year. amended in the matter preceding paragraph ‘‘(c) ADMINISTRATIVE PROVISIONS.— ‘‘(C) METHOD OF COMPUTATION, PAYMENT, (1) by striking ‘‘fiscal year 1990 and each fis- ‘‘(1) STATE OPTION.—For purposes of sec- AND RECONCILIATION.— cal year thereafter’’ and inserting ‘‘fiscal tion 402(a)(1)(B), a State may, at its option, ‘‘(i) METHOD OF COMPUTATION.—The method years 1990 through 1995 and $761,000,000 for not require a single parent with a child of computing and paying such amounts shall fiscal year 1996 and each fiscal year there- under the age of 6 to participate in work for be as follows: after’’. S 13648 CONGRESSIONAL RECORD — SENATE September 15, 1995

(b) ABSTINENCE EDUCATION.—Section dependency and increasing the well-being of ‘‘(M) The housing arrangement of each 501(a)(1) of such Act (42 U.S.C. 701(a)(1) is minor children under section 410(b). member of the family. amended— ‘‘(2) ALLOCATION.—Of the amount appro- ‘‘(N) The amount of unearned income, child (1) in subparagraph (c), by striking ‘‘and’’ priated under paragraph (1) for a fiscal support, assets, and other financial factors at the end; year— considered in determining eligibility for as- (2) in subparagraph (D), by adding ‘‘and’’ at ‘‘(A) 50 percent shall be allocated for the sistance under the State program. the end; and purposes described in subparagraphs (A) and ‘‘(O) The location in the State of each fam- (3) by adding at the end the following new (B) of paragraph (1), and ily receiving assistance. subparagraph: ‘‘(B) 50 percent shall be allocated for the ‘‘(P) Any other data that the Secretary de- ‘‘(E) to provide abstinence education, and purposes described in subparagraphs (C) and termines is necessary to ensure efficient and at the option of the State, where appro- (D) of paragraph (1). effective program administration. On page 29, line 16, strike ‘‘(f)’’ and insert priate, mentoring, counseling, and adult su- ‘‘(3) AGGREGATED MONTHLY DATA.—The data pervision to promote abstinence from sexual ‘‘(g)’’. described in this paragraph is the following On page 57, beginning on line 22, strike all activity, with a focus on those groups which aggregated monthly data with respect to the through page 60, line 2, and insert the follow- are most likely to bear children out-of-wed- families described in paragraph (4): ing: lock.’’. ‘‘(A) The number of families. (c) ABSTINENCE EDUCATION DEFINED.—Sec- ‘‘(a) IN GENERAL.—The Secretary, in con- ‘‘(B) The number of adults in each family. tion 501(b) of such Act (42 U.S.C. 701(b)) is sultation with State and local government ‘‘(C) The number of children in each fam- amended by adding at the end the following officials and other interested persons, shall ily. new paragraph: develop a quality assurance system of data ‘‘(D) The number of families for which as- ‘‘(5) ABSTINENCE EDUCATION.—For purposes collection and reporting that promotes ac- sistance has been terminated because of em- of this subsection, the term ‘abstinence edu- countability and ensures the improvement ployment, sanctions, or time limits. cation’ shall mean an educational or motiva- and integrity of programs funded under this ‘‘(4) FAMILIES DESCRIBED.—The families de- tional program which— part. ‘‘(A) has as its exclusive purpose, teaching ‘‘(b) STATE SUBMISSIONS.— scribed in this paragraph are— the social, psychological, and health gains to ‘‘(1) IN GENERAL.—Not later than the 15th ‘‘(A) families receiving assistance under a be realized by abstaining from sexual activ- day of the first month of each calendar quar- State program funded under this part for ity; ter, each State to which a grant is made each month in the calendar quarter preced- ‘‘(B) teaches abstinence from sexual activ- under section 403(f) shall submit to the Sec- ing the calendar quarter in which the data is ity outside marriage as the expected stand- retary the data described in paragraphs (2) submitted; ard for all school age children; and (3) with respect to families described in ‘‘(B) families applying for such assistance ‘‘(C) teaches that abstinence from sexual paragraph (4). during such preceding calendar quarter; and activity is the only certain way to avoid out- ‘‘(2) DISAGGREGATED DATA DESCRIBED.—The ‘‘(C) families that became ineligible to re- of-wedlock pregnancy, sexually transmitted data described in this paragraph with respect ceive such assistance during such preceding diseases, and other associated health prob- to families described in paragraph (4) is a calendar quarter. lems; sample of monthly disaggregated case record ‘‘(5) APPROPRIATE SUBSETS OF DATA COL- ‘‘(D) teaches that a mutually faithful data containing the following: LECTED.—The Secretary shall determine ap- monogamous relationship in context of mar- ‘‘(A) The age of the adults and children (in- propriate subsets of the data describe in riage is the expected standard of human sex- cluding pregnant women) in each family. paragraphs (2) and (3) that a State is re- ual activity; ‘‘(B) The marital and familial status of quired to submit under paragraph (1) with re- ‘‘(E) teaches that sexual activity outside of each member of the family (including wheth- spect to families described in subparagraphs the context of marriage is likely to have er the family is a 2-parent family and wheth- (B) and (C) of paragraph (4). harmful psychological and physical effects; er a child is living with an adult relative ‘‘(6) SAMPLING AND OTHER METHODS.—The ‘‘(F) teaches that bearing children out-of- other than a parent). Secretary shall provide the States with such wedlock is likely to have harmful con- ‘‘(C) The gender, educational level, work case sampling plans and data collection pro- sequences for the child, the child’s parents, experience, and race of the head of each fam- cedures as the Secretary deems necessary to and society; ily. produce statistically valid estimates of each ‘‘(G) teaches young people how to reject ‘‘(D) The health status of each member of State’s program performance. The Secretary sexual advances and how alcohol and drug the family (including whether any member is authorized to develop and implement pro- use increases vulnerability to sexual ad- of the family is seriously ill, disabled, or in- cedures for verifying the quality of data sub- vances; and capacitated and is being cared for by another mitted by the States. ‘‘(H) teaches the importance of attaining member of the family). On page 62, after line 24, insert the follow- self-sufficiency before engaging in sexual ac- ‘‘(E) The type and amount of any benefit or ing: tivity.’’. assistance received by the family, includ- ‘‘(j) REPORT TO CONGRESS.—Not later than (d) SET-ASIDE.— ing— 6 months after the end of fiscal year 1997, and (1) IN GENERAL.—Section 502(c) of such Act ‘‘(i) the amount of and reason for any re- each fiscal year thereafter, the Secretary (42 U.S.C. 702(c)) is amended in the matter duction in assistance, and shall transmit to the Congress a report de- preceding paragraph (1) by striking ‘‘From’’ ‘‘(ii) if assistance is terminated, whether scribing— and inserting ‘‘Except as provided in sub- termination is due to employment, sanction, ‘‘(1) whether the States are meeting— or time limit. section (e), from’’. ‘‘(A) the participation rates described in (2) SET-ASIDE.—Section 502 of such Act (42 ‘‘(F) Any benefit or assistance received by section 404(a); and U.S.C. 702) is amended by adding at the end a member of the family with respect to hous- ‘‘(B) the objectives of— the following new subsection: ing, food stamps, job training, or the Head ‘‘(i) increasing employment and earnings ‘‘(e) Of the amounts appropriated under Start program. of needy families, and child support collec- section 501(a) for any fiscal year, the Sec- ‘‘(G) The number of months since the fam- tions; and retary shall set aside $75,000,000 for absti- ily filed the most recent application for as- ‘‘(ii) decreasing out-of-wedlock pregnancies nence education in accordance with section sistance under the program and if assistance and child poverty; 501(a)(1)(E). was denied, the reason for the denial. On page 29, between lines 15 and 16, insert ‘‘(H) The number of times a family has ap- ‘‘(3) the demographic and financial charac- the following: plied for and received assistance under the teristics of families applying for assistance, ‘‘(f) ADDITIONAL AMOUNT FOR STUDIES AND State program and the number of months as- families receiving assistance, and families DEMONSTRATIONS.— sistance has been received each time assist- that become ineligible to receive assistance; ‘‘(1) IN GENERAL.—There are authorized to ance has been provided to the family. ‘‘(4) the characteristics of each State pro- be appropriated and there are appropriated ‘‘(I) The employment status of the adults gram funded under this part; and for each fiscal year described in subsection in the family (including the number of hours ‘‘(5) the trends in employment and earn- (a)(1) an additional $20,000,000 for the purpose worked and the amount earned). ings of needy families with minor children. of paying— ‘‘(J) The date on which an adult in the On page 63, beginning on line 3, strike all ‘‘(A) the Federal share of any State-initi- family began to engage in work, the number through line 16, and insert the following: ated study approved under section 410(g); of hours the adult engaged in work, the work ‘‘(a) RESEARCH.—The Secretary shall con- ‘‘(B) an amount determined by the Sec- activity in which the adult participated, and duct research on the benefits, effects, and retary to be necessary to operate and evalu- the amount of child care assistance provided costs of operating different State programs ate demonstration projects, relating to part to the adult (if any). funded under this part, including time limits A of title IV of this Act, that are in effect or ‘‘(K) The number of individuals in each relating to eligibility for assistance. The re- approved under section 1115 as of October 1, family receiving assistance and the number search shall include studies on the effects of 1995, and are continued after such date; of individuals in each family not receiving different programs and the operation of such ‘‘(C) the cost of conducting the research assistance, and the relationship of each indi- programs on welfare dependency, illegit- described in section 410(a); and vidual to the youngest child in the family. imacy, teen pregnancy, employment rates, ‘‘(D) the cost of developing and evaluating ‘‘(L) The citizenship status of each member child well-being, and any other area the Sec- innovative approaches for reducing welfare of the family. retary deems appropriate. September 15, 1995 CONGRESSIONAL RECORD — SENATE S 13649 ‘‘(b) DEVELOPMENT AND EVALUATION OF IN- On page 127, between lines 2 and 3, insert on spending on title IV–A and IV–F NOVATIVE APPROACHES TO REDUCING WEL- the following new subsection: programs. FARE DEPENDENCY AND INCREASING CHILD (e) SUPPLEMENTAL FUNDING FOR ALCOHOL Limited additional funds are avail- WELL-BEING.— AND SUBSTANCE ABUSE TREATMENT PRO- able for those States whose base years ‘‘(1) IN GENERAL.—The Secretary may as- GRAMS.— sist States in developing, and shall evaluate, (1) IN GENERAL.—Out of any money in the do not fully reflect subsequent adjust- innovative approaches for reducing welfare Treasury not otherwise appropriated, there ments related to emergency assistance. dependency and increasing the well-being of are hereby appropriated to supplement State I understand that affects 12 States. I minor children with respect to recipients of and Tribal programs funded under section am not certain of the total cost of that assistance under programs funded under this 1933 of the Public Health Service Act (42 provision, but I think around $900 mil- part. The Secretary may provide funds for U.S.C. 300x–33), $50,000,000 for each of the fis- lion. training and technical assistance to carry cal years 1997 and 1998. The hardship exemption has been in- (2) ADDITIONAL FUNDS.—Amounts appro- out the approaches developed pursuant to creased from 15 percent to 20 percent. this paragraph. priated under paragraph (1) shall be in addi- ‘‘(2) EVALUATIONS.—In performing the eval- tion to any funds otherwise appropriated for There is $75 million per year for ab- uations under paragraph (1), the Secretary allotments under section 1933 of the Public stinence education. shall, to the maximum extent feasible, use Health Service Act (42 U.S.C. 300x–33) and Program evaluation authorizes $20 random assignment as an evaluation meth- shall be allocated pursuant to such section million per year for evaluation. odology. 1933. Food stamps. We worked out a provi- On page 63, line 17, strike ‘‘(d)’’ and insert (3) USE OF FUNDS.—A State or Tribal gov- sion which will save about $1.6 billion. ‘‘(c)’’. ernment receiving an allotment under this In the food stamp program, the stand- On page 63, line 24, strike ‘‘(e)’’ and insert subsection shall consider as priorities, for ‘‘(d)’’. purposes of expending funds allotted under ard deduction for all food stamp recipi- On page 64, line 21, strike ‘‘(f)’’ and insert this subsection, activities relating to the ents will be reduced from the original ‘‘(e)’’. treatment of the abuse of alcohol and other S. 1120. It stages from its current level On page 66, line 3, strike ‘‘(g)’’ and insert drugs. of $134 in increments of $2 per year ‘‘(f)’’. On page 131, line 23, insert ‘‘, including down to $124 in fiscal year 2000. This On page 66, between lines 19 and 20, insert such individual’s treatment (if any) provided modification will reduce the standard the following: pursuant to such title as in effect on the day deduction to $132 in fiscal year 1996, as ‘‘(g) STATE-INITIATED STUDIES.—A State before the date of such enactment,’’ after shall be eligible to receive funding to evalu- ‘‘individual’’. in the original S. 1120, and then imme- ate the State’s family assistance program On page 158, between lines 11 and 12, insert diately down to $124 in 1997, where it funded under this part if— the following: remains through fiscal year 2002. CBO ‘‘(1) the State submits a proposal to the SUBTITLE F—RETIREMENT AGE ELIGIBILITY gives this change a preliminary savings Secretary for such evaluation, SEC. 251. ELIGIBILITY FOR SUPPLEMENTAL SE- estimate of $1.1 billion in additional ‘‘(2) the Secretary determines that the de- savings. sign and approach of the evaluation is rigor- CURITY INCOME BENEFITS BASED ON SOCIAL SECURITY RETIREMENT SSI. The SSI provision is the one, $50 ous and is likely to yield information that is AGE. credible and will be useful to other States, million per year for 2 years for treat- (a) IN GENERAL.—Section 1614 (a)(1)(A) (42 ment, funded under the substance and U.S.C. 1382c(a)(1)(A)) is amended by striking ‘‘(3) unless otherwise waived by the Sec- ‘‘is 65 years of age or older,’’ and inserting abuse block grant, a matter of interest retary, the State provides a non-Federal ‘‘has attained retirement age.’’. to Senator COHEN and Senator BINGA- share of at least 10 percent of the cost of (b) RETIREMENT AGE DEFINED.—Section MAN. such study. 1614 (42 U.S.C. 1382c) is amended by adding at I also ask unanimous consent to have On page 163, line 16, add ‘‘and’’ after the the end the following new subsection: semicolon. printed in the RECORD at this point a On page 163, strike lines 17 through 24, and ‘‘Retirement Age letter from the National Governors’ insert in lieu thereof the following: ‘‘(g) For purposes of this title, the term Association. As the Democratic leader ‘‘(iii) for fiscal years 1997 through 2002, ‘‘retirement age’’ has the meaning given knows, we received letters asking for $124, $211, $174, $248 and $109, respectively.’’ such term by section 216(l)(1).’’. more child care funding and contin- On page 164, line 2, strike ‘‘2000’’ and insert (c) CONFORMING AMENDMENTS.—Sections gency grant funding and a number of in lieu thereof ‘‘2002’’. 1601, 1612(b)(4), 1615(a)(1), and 1620(b)(2) (42 On page 126, between lines 9 and 10, insert U.S.C. 1381, 1382a(b)(4), 1382d(a)(1), and other things. the following: 1382i(b)(2)) are amended by striking ‘‘age 65’’ There being no objection, the letter (c) TREATMENT SERVICES FOR INDIVIDUALS each place it appears and inserting ‘‘retire- was ordered to be printed in the WITH A SUBSTANCE ABUSE CONDITION.— ment age’’. RECORD, as follows: (1) IN GENERAL.—Title XVI (42 U.S.C. 1381 (d) EFFECTIVE DATE.—The amendments NATIONAL GOVERNORS ASSOCIATION, et seq.) is amended by adding at the end the made by this section shall apply to appli- Washington, DC, September 13, 1995. following new section: cants for benefits for months beginning after Hon. ROBERT DOLE, ‘‘TREATMENT SERVICES FOR INDIVIDUALS WITH September 30, 1995. U.S. Senate Majority Leader, U.S. Senate, A SUBSTANCE ABUSE CONDITION Mr. DOLE. Mr. President, I know Washington, DC. ‘‘SEC. 1636. (a) In the case of any individual there are some of our colleagues that DEAR SENATOR DOLE: As you consider legis- eligible for benefits under this title by rea- want to make statements this after- lation to block grant key welfare and child son of disability who is identified as having noon on that. I would go over that just care programs, we urge you to keep in mind the lessons states have learned over the last a substance abuse condition, the Commis- very quickly. sioner of Social Security shall make provi- decade of experimentation in welfare reform. sion for referral of such individual to the ap- I think we agree on the child care, As Governors we know what it takes to re- propriate State agency administering the the first provision, with a set-aside in form the welfare system because we are al- State plan for substance abuse treatment 1994 of $1 billion. Then we provide an ready doing it in our states—through state services approved under subpart II of part B additional $3 billion over 5 years for waiver initiatives and through implementa- of title XIX of the Public Health Service Act child care to be distributed among the tion of the Family Support Act. Our experi- (42 U.S.C. 300x–21 et seq.) States based on the funds for the title ence tells us that three elements are crucial: ‘‘(b) No individual described in subsection IV–A at-risk child care program. welfare must be temporary and linked to work; both parents must support their chil- (a) shall be an eligible individual or eligible Job training. I will get that agree- spouse for purposes of this title if such indi- dren; and child care must be available to en- vidual refuses without good cause to accept ment, which I think has been cleared able low income families with children to the referred services described under sub- by the Democratic leader, which will work. section (a). be handled under a separate freestand- Governors do believe that greater flexibil- (2) CONFORMING AMENDMENT.—Section ing agreement. ity could aid significantly our efforts to re- 1614(a)(4) (42 U.S.C. 1382c(a)(4)) is amended by Mr. DASCHLE. Yes. form the welfare system. We appreciate and inserting after the second sentence the fol- Mr. DOLE. The contingency grant support the changes that have been made re- lowing new sentence: ‘‘For purposes of the fund. This is in addition to the loan cently to your bill to ensure that states have preceding sentence, any individual identified fund. We keep the loan fund at $1.7 bil- the ability to design their own welfare sys- by the Commissioner as having a substance tems. These changes include a state option abuse condition shall seek and complete ap- lion. The contingency fund is $1 billion to count vocational educational training to- propriate treatment as needed.’’. over 7 years. Funds must be matched ward welfare-to-work participation rates and On page 126, line 10, strike ‘‘c’’ and insert at Medicaid matching rates, and States the ability to exempt families with very ‘‘(d)’’. must have maintained their 1994 level young children from work requirements. S 13650 CONGRESSIONAL RECORD — SENATE September 15, 1995 As the Senate considers welfare reform tingency grant fund that gives states that The committee-reported amendment be legislation, we believe you should address experience sharp increases in unemployment withdrawn, the managers be allowed to several remaining key issues: access to federal matching grants. Contin- offer a substitute amendment; further, Child Care. Child care represents the larg- gency funds would have to be matched at the est part of the up-front investment needed Medicaid match rates and states would only that the debate time be limited to a for successful welfare reform. We appreciate have access to these grants if they have total of 9 hours equally divided be- the flexibility that Title I of S. 1120 provides maintained their own level of state spending. tween the two managers, with the only for states to design child care services for Restrictions on Aid. In the past federal re- amendments in order to the bill be the families who are participating in welfare-to- strictions on eligibility have served to con- following first-degree amendments, work activities or who have left welfare for tain federal costs given the open-ended enti- with no second-degree amendments in work, and the working poor. Further we are tlement nature of federal cash assistance order, and that each amendment be funding. Governors believe that such restric- pleased that the mandate to provide child limited to 45 minutes in the usual care to mothers with children under age six tions have no place, however, in a block contained in the Senate Finance Committee grant system where federal costs are fixed, form. bill has been removed. regardless of the eligibility and benefit The amendments are: An amendment We are concerned that unless adequate choices made by each state. Accordingly we to strike the repeal of trade adjust- child care funding continues to be provided oppose any provisions that prohibit states ment assistance; a Specter amendment at the federal level, the work requirements from aiding such groups as legal aliens, teen regarding Job Corps; a Breaux amend- in the bill could represent a significant un- parents, or additional children born to wel- ment regarding dislocated workers; a funded mandate on the states. While Gov- fare recipients. These decisions are most ap- Jeffords-Pell amendment regarding ernors differ on the exact level of child care propriately made at the state level. funding needed to implement the work re- Direct Funding to Tribes and Localities. adult education; a Dodd amendment re- quirements, we all agree that states will Under current law, federal welfare funds flow garding national set-asides for migrant need substantially more funding than is cur- through state governments which, in turn, workers, dislocated workers, and oth- rently in your bill. add state matching funds and send the com- ers; five relevant Kassebaum amend- We believe that if the following changes bined state and federal funds to localities, ments; and five relevant Kennedy were adopted, the federal-state partnership including countries and tribal reservations. amendments. could be preserved for meeting increased S. 1120 would change this system by allowing This agreement was worked out with needs due to welfare work requirements and tribal governments to apply for direct fed- my colleague from Kansas, Senator increased child care needs could be mini- eral assistance, bypassing any state role. In mized: addition, we understand a floor amendment KASSEBAUM, and the Senator from Mas- Give states access to a limited amount of will be offered that would similarly allow sachusetts, Senator KENNEDY. additional federal matching fund for child counties to bypass the state government. We The PRESIDING OFFICER. Without care. These funds would be available to believe any direct funding to tribes or local- objection, it is so ordered. states at the Medicaid match or 70 percent, ities would be a serious mistake. First, by Mr. DOLE. I ask unanimous consent whichever is higher. Only states that were eliminating the state role, it is likely to lead that the summary of the leadership maintaining their state levels of spending to the end of future state funding to those amendment, the Dole-Daschle amend- could qualify for these funds to ensure that tribes and localities receiving direct federal ment, be printed in the RECORD. I stat- federal funds do not supplant state spending. funds. Second, in the case of tribal families, ed just briefly what the summary en- Funds would be allocated to states in the it would be very difficult to sort out who is same way that At-Risk Child Care funds are responsible for serving families in areas out- tails. currently distributed. side of reservations where tribal and And there will be a record vote on To ensure protection for child care fund- nontribal families live interspersed. Third, this amendment; is that right? ing, fund the Child Care Development Block direct funding to localities will prevent Mr. DASCHLE. Yes. Grant (CCDBG) as an entitlement to states states from undertaking statewide reforms. There being no objection, the sum- and eliminate prescriptive earmarks that State Penalties. As Governors we expect to mary was ordered to be printed in the limit state flexibility in administering pro- be held accountable for the use of any federal RECORD, as follows: grams. Quality set-asides and mandated re- block grant funds, and are fully committed LEADERSHIP AMENDMENT source and referral programs detract from to repaying any funds that the federal gov- states’ ability to provide needed child care ernment determines to have been misspent. 1. CHILD CARE services. Currently the CCDBG is a discre- We are concerned, however, about the puni- a. Set aside 1994 Title IV–A child care fed- tionary program. The CCDBG is a critical tive nature of the penalties in S. 1120. It goes eral amount (approximately $1 billion) annu- source of funds for child care assistance to beyond requiring states to repay any ally to be used for child care as currently poor families, particularly for the working misspent funds by creating a three-tier pen- provided in bill (as modified by Kassebaum). poor, and states will need the assurance that alty which 1) requires repayment of misspent Allocate based on state’s 1994 spending on these funds will be available at the level at funds; 2) imposes a five percent reduction in Title IV–A child care. which the program is authorized. a state’s block grant allotment; and 3) re- b. Provide additional $3.0 billion over 5 Give states the option of limiting required quires states to pay the five percent penalty years for child care. To be distributed among hours of work to 20 hours per week for fami- out of state general revenues rather than the states based on the funds for the Title lies with children under age six. This would through any reduction in program spending. IV–A at-risk child care program. To be eligi- allow states to minimize the amount of child These provisions should be modified. ble, state must have maintained 1994 Title care assistance needed by families with Performance Bonuses. Whether or not final IV–A spending on child care. Must match young children and would allow states to set welfare reform legislation includes state under the medicaid matching formula. work expectations for low income mothers penalties, we believe that it should include c. At state option, single parents with chil- with young children that are consistent with bonuses for states with exceptional perform- dren age 5 and under may not be required to what our society experts of other mothers ance. We support the proposal to give states work more than 20 hours per week. with young children. The bill approved by performance bonuses for each recipient they 2. JOB TRAINING the Finance Committee did not require more place in work. States that have been success- Free standing bill under agreed upon time than 20 hours of work per week; S. 1120, how- ful in putting welfare recipients to work agreement. ever, mandates 35 hours per week by the year should be rewarded and allowed to use such 3. CONTINGENCY GRANT FUND 2000. This is a major factor behind estimates bonuses for additional investments in child that by the year 2000 states will have to care for the working poor and welfare-to- (This is in addition to loan fund not in lieu spend several billion dollars annually, above work programs. of.) and beyond current spending, to meet the Thank you for your consideration of our Over 7 years, provides $1 billion in grant costs of providing child care for welfare re- views. fund to be available to states under the fol- cipients. Sincerely, lowing conditions. a. Funds must be matched at medicaid Contingency Grant Fund. Economic GOVERNOR TOMMY G. matching rates. downturns can derail welfare reform by sap- THOMPSON, b. States must have maintained their 1994 ping state revenues just when need for as- State of Wisconsin. level of spending on Title IV–A and IV–F pro- sistance is rising. The greater flexibility of GOVERNOR BOB MILLER, grams. block grant will allow states in normal eco- State of Nevada. nomic times to control their own welfare Limited additional funds available for Mr. DOLE. Before I yield—if I could those states whose base year does not fully costs through eligibility, benefit and work get this—I ask as part of the unani- program decisions. We believe, however, that reflect subsequent adjustments related to if a deep economic recession occurs, the need mous consent that when the Senate emergency assistance. for economic assistance may well overwhelm proceeds to consideration of S. 143, Cal- 4. HARDSHIP EXEMPTION the fiscal capacity of some states to respond endar No. 153, that it be considered Increase current hardship exemption in the to that need. We urge you to include a con- under the following time limitation: bill from 15 percent to 20 percent. September 15, 1995 CONGRESSIONAL RECORD — SENATE S 13651 5. ABSTINENCE EDUCATION In addition, of course, we have had a port, and I appreciate the cooperation Increase funding for Title V Block Grant good debate about what ought to be the of Senators on both sides of the aisle by $75 million per year to be earmarked for level of maintenance that will be re- who brought us to this point this after- abstinence education. quired of States over the next 5 years, noon. 6. PROGRAM EVALUATION what will be required of them, not just I yield the floor. Authorize $20 million per year for evalua- what will the Federal Government do, Several Senators addressed the tion. but what will the States do. Chair. 7. FOOD STAMPS We offered an amendment for which The PRESIDING OFFICER. The Sen- In the Food Stamp Program, the standard there was a very close vote in recogni- ator from Utah. deduction, a deduction from income given to tion of the need to require States to do Mr. HATCH. Mr. President, I want to all food stamp recipients, was reduced, in the a certain level of responsibility. We compliment the two leaders for their original S. 1120, in stages from its current have agreed that an 80-percent real leadership in helping to bring about level of $134 in increments of $2 per year maintenance of effort is something this agreement. I hope everybody will down to a level of $124 in FY2000. This modi- that is prudent and something for support the leadership amendment. Not fication would reduce the standard deduction everybody is pleased. That is what to $132 in FY1996 (as in the original S. 1120) which there ought to be strong biparti- and then immediately down to $124 in FY1997 san support. compromises are all about. But I have where it would remain through FY2002. CBO We also, as we have just indicated to tell you, a lot of people felt when we gives this change a preliminary savings esti- with this unanimous-consent agree- started this debate that it would drag mate of $1.1 billion in additional savings. ment relating to job training, taken out for weeks; that there would be no 8. SSI out those segments of the original Dole effective resolution; that we could not 1. All recipients identified with substance bill that would have authorized job bring both sides together, because abuse problem must be referred for treat- training outside of the welfare context. there are too wide viewpoints: One side ment. Our view is that it is important for wants more and more for welfare and 2. $50 million per year for 2 years (97–98) for us to find ways to ensure that people wants it for the best of reasons. The treatment. Funded under Substance Abuse who are not on welfare have good job other side believes balanced budgets Block Grant. training, people who have lost jobs who are the prime effort that we should be 3. For the next year, current recipients en- rolled with RMAs will continue with RMA. otherwise would be productive citizens taking at this time, because if we do 4. Conform age for eligibility to social se- may need to be skilled in new jobs. not, the moneys we have will not be curity retirement age. This whole section of the bill is de- worth anything anyway. signed to provide opportunities for that If we go to $10 trillion in the national Mr. DOLE. I yield the floor. to happen. But it is not a welfare pro- debt, who cares what is going to hap- Mr. DASCHLE addressed the Chair. gram, so we do not want to give it that pen. What happened here because of the The PRESIDING OFFICER. The dis- welfare connotation. two leaders is we have been able to tinguished minority leader. That is really, in essence, what this work together and bring together a Mr. DASCHLE. Let me thank the agreement does. It allows us to sepa- package that is going to make a whale majority leader for his cooperation in rate out job training and provide for of a difference for the whole society. It bringing us to this point. Obviously, the necessary legislation, as soon as we is a savings package, a compassionate this was a matter of a great deal of dis- dispose of this bill and the appropria- package. In other words, it is a pack- cussion over the last several days, and tions bills, to return to job training age that points toward a balanced I think it represents our best effort at and allow us to do that. budget in a reasonable period of time attempting to reconcile a number of is- Fourth, and just as importantly, we by the year 2002. sues for which there is interest on both recognize that States on many occa- In particular, I want to talk a second sides. sions will find that the current allot- or two about our majority leader. This Obviously, child care was the most ment is not going to work. I am very has been one of the more difficult prob- significant. As the distinguished leader concerned about whether the provi- lems that I have seen on the floor. indicated, this bill provides for $3 bil- sions in this bill will allow that to be There are so many varying beliefs, so lion over 5 years for childcare services addressed adequately. We provide $1 many varying difficulties in managing to be provided by the States. That is in billion over 5 years. I recognize we are this bill. It has taken great patience, addition to the $5 billion over the next working under constraints in re- great tolerance, sometimes pretty 5 years that was originally con- sources, but I am concerned that we tough talk, and an awful lot of leader- templated in the original Dole bill as may have to revisit this issue at some ship to bring this bill to this point well as the Democratic bill that we point in the future. But $1 billion is where next week we are going to pass voted upon earlier. better than none at all. States have in- it, one way or the other, and we are So it represents, in my view, the dicated they need it. This provides it. going to pass it with this leadership most significant commitment the Sen- So we also, in a bipartisan way, I amendment. ate has made thus far to the realiza- think, recognize that there will be There are a lot of very, very impor- tion that there is a very important in- emergencies, and this fund will allow tant parts of this bill. You cannot real- vestment required in child care if, in- us to deal with them in a meaningful ly say any one part was the linchpin or deed, we want the recipients of welfare way. the only key part that really made this ultimately to find work and to obtain It also provides a change in the time bill possible. We have had everything the job skills necessary to work. limits that are provided under the ex- ranging from abstinence education to In my view, as many of us have indi- emption. The original Dole bill allowed food stamps to program evaluation to cated, this is the linchpin to making Governors a 15-percent exemption. This SSI. Job training has been set apart, welfare work better. Good child care raises it to 20 percent. We provide $75 mainly because we know it is a very means better participation, means million per year in abstinence edu- hot issue and a very difficult one to re- greater success at what it is we are cation and then, finally, at least $50 solve with 150 different job training trying to do. So this is really the key million over the next 4 years each year programs in the Federal Government. of this amendment as well. Not only is for substance abuse treatment. That What is being done here is trying to it the key of the bill, but it was critical was the Cohen amendment. consolidate them to make them work to finding some resolution to the issue. Mr. President, this is a good com- better, more efficiently and give the And as a result of a good deal of discus- promise, a good amendment. I hope States a little more leeway to be able sion and negotiation on both sides, we that it enjoys broad support next Tues- to solve some of these problems. have now come to this point. day when we have the opportunity to On child care, let me tell you some- I am very pleased that we can say vote on it. I propose we have a little bit thing, without the effective work of with some satisfaction that we are pro- of time to revisit the issue, maybe 10, the majority leader, that would not viding States with resources that will 15 minutes on a side prior to the point have been brought about. He had it be critical to their success in making we vote on final passage and on this within his power and was pushed at one welfare work. amendment. It is worthy of our sup- time to stop it, to cut out additional S 13652 CONGRESSIONAL RECORD — SENATE September 15, 1995 funds for child care above the $5 billion right on track in all three areas. Much subsection (b), not more than 25 percent of originally in the bill. But he worked of it was due to the efforts of Senator adults in all families and in 2-parent families with both sides, cajoled both sides, HATCH working with Senators on the determined to be engaged in work in the tried to resolve the problems and, ulti- other side and working with a number State for a month may meet the work activ- ity requirement through participation in vo- mately, we have done what really is on this side of the aisle and working cational educational training. right here. with the majority leader. I, in turn, We provided an additional $3 billion went to the Democratic leader, and we AMENDMENT NO. 2585, AS MODIFIED for child care. First of all, we set aside were able to come together after a lit- On page 16, beginning on line 13, strike all the 1994 title IV–A child care Federal tle misunderstanding late in the after- through line 17, and insert the following: amount, which is approximately $1 bil- noon about whether it was $2 or $3 bil- ‘‘(4) INDIAN; INDIAN TRIBE, AND TRIBAL ORGA- lion, so that it will be used for child lion. NIZATION.— care as it should be. That was some- In any event, we have now accom- ‘‘(A) IN GENERAL.—Except as provided in thing that had to be solved. That was subparagraph (B), the term ‘Indian’, ‘Indian plished that, and I think we will have tribe’, and ‘tribal organization’ have the an amendment that I pushed very hard. a little debate on Tuesday before the meaning given such terms by section 4 of the The distinguished Senator from Kan- vote. I hope that the two leaders will Indian Self-Determination and Education sas displayed a significant—both Sen- have 5 minutes each so we can make a Assistance Act (25 U.S.C. 450b). ators from Kansas, but I am talking closing statement on the bill. ‘‘(B) IN ALASKA.—For purposes of making about, in this case, the distinguished I would expect broad bipartisan sup- tribal family assistance grants under section chairman of the Labor and Human Re- port. We have had 95 hours, I think, on 414 on behalf of Indians in Alaska, the term sources Committee. Without her, we this bill, and 38 votes, tough votes. ‘Indian tribe’ shall mean only the following would not be anywhere near having a Alaska Native regional nonprofit corpora- There were a lot of votes today. In fact, tions: child care bill that is the integral part there were 10 today. I think we have ‘‘(i) Arctic Slope Native Association. of this bill. She has done a terrific job, had a good debate. Everybody has had ‘‘(ii) Kawerak, Inc. along with Senator SNOWE from Maine, an opportunity to express their views. I ‘‘(iii) Maniilaq Association. and others, that I would like to men- believe when a final vote is taken, ‘‘(iv) Association of Village Council Presi- tion, but for want of time will not. there will be a strong bipartisan sup- dents. I have to compliment the distin- ‘‘(v) Tanana Chiefs Conference. port for changing welfare as we know ‘‘(vi) Cook Inlet Tribal Council. guished Senator from Connecticut, it, giving power back to the States. I ‘‘(vii) Bristol Bay Native Association. Senator DODD, and Senator KENNEDY think that is a big step in the right di- ‘‘(viii) Aleutian and Pribilof Island Asso- from Massachusetts. These Senators rection. ciation. wanted more money. They wanted to There are a number of amendments ‘‘(ix) Chugachmuit. do more in this area, but they also had that have been cleared, and I will offer ‘‘(x) Tlingit Haida Central Council. to recognize that there is a limit, that ‘‘(xi) Kodiak Area Native Association. those at this time. ‘‘(xii) Copper River Native Association. there are not the moneys there and I ask unanimous consent to tempo- On page 75, between lines 6 and 7, insert that it is really wrong, basically and rarily set aside amendment No. 2683 so the following: fundamentally wrong, to promise to that I may offer these amendments. ‘‘(i) SPECIAL RULE FOR INDIAN TRIBES IN the American people, especially those The PRESIDING OFFICER. Without ALASKA.— single heads of household who depend objection, it is so ordered. ‘‘(1) IN GENERAL.—Notwithstanding any on child care, that there is going to be other provision of this section, and except as AMENDMENTS NOS. 2552; 2567; 2499; 2580, AS MODI- provided in paragraph (2), an Indian tribe in another $10 billion of child care there, FIED; 2585, AS MODIFIED; 2544; 2486, AS MODI- the State Alaska that receives a tribal fam- when we are only talking about an au- FIED; AND 2684 ily assistance grant under this section shall thorization and there is no way to get Mr. DOLE. Mr. President, I ask unan- use such grant to operate a program in ac- that kind of money. It would have sent imous consent to consider and adopt cordance with the requirements applicable out a signal and sent out a message the following amendments, en bloc, to the program of the State of Alaska funded and would have demoralized a lot of that any amendment be considered as under this part. people. modified where noted with the modi- ‘‘(2) WAIVER.—An Indian tribe described in What happened is we brought it all paragraph (1) may apply to the appropriate fications I send to the desk, and that State authority to receive a waiver of the re- together under the leadership of Sen- any statements accompanying these quirement of paragraph (1). ator DOLE. I have to say to my good amendments be inserted at the appro- friend from South Dakota as well, the priate place in the RECORD as if read. AMENDMENT NO. 2486, AS MODIFIED distinguished minority leader, what a Those are as follows: On page 12, between lines 22 and 23, insert tremendous job these two leaders have A Bryan amendment No. 2552; a Gra- the following: done. As usual, the majority leader has ham of Florida amendment No. 2567; a (G) COMMUNITY SERVICE.—Not later than 2 consistently taken these tough, hard Bond amendment No. 2499; a Grams of years after the date of the enactment of this issues day after day, week after week, Minnesota amendment No. 2580, as Act, consistent with the exception provided sometimes having more trouble on our in section 404(d), require participation by, modified; a Stevens amendment No. and offer to, unless the State opts out of this side, but always having plenty of chal- 2585, previously agreed to, now as provision by notifying the Secretary, a par- lenge on the other side and getting it modified; a McCain amendment No. ent or caretaker receiving assistance under done. 2544; a Levin-Dole amendment No. 2486, the program, after receiving such assistance In this case, I just cannot com- previously agreed to, as modified; and for 6 months— pliment these two leaders enough. I an Abraham-Jeffords amendment. I ‘‘(i) is not exempt from work requirements; would feel badly leaving here today send them all to the desk. and without at least expressing my fond- ‘‘(ii) is not engaged in work as determined The PRESIDING OFFICER. Without under section 404(c), ness and my regard for them and their objection, the amendments are agreed in community service employment, with leadership. to, en bloc. I yield the floor. minimum hours per week and tasks to be de- The amendments (Nos. 2552; 2567; termined by the State. Mr. DOLE addressed the Chair. 2499; 2580, as modified; 2585, as modi- The PRESIDING OFFICER. The dis- fied; 2544; 2486, as modified; and 2684) On page 51, strike the matter inserted be- tinguished majority leader. were agreed to. tween lines 11 and 12 by the modification Mr. DOLE. Mr. President, let me also The modified amendments and submitted on September 8, 1995, and insert commend and congratulate the Senator amendment No. 2684 read as follows: the following: from Utah, Senator HATCH, because we ‘‘(e) GRANT INCREASED TO REWARD STATES AMENDMENT NO. 2580, AS MODIFIED were in some very tense discussions THAT REDUCE OUT-OF-WEDLOCK BIRTHS.— yesterday. And we have tense discus- On page 36, between lines 13 and 14, insert ‘‘(1) IN GENERAL.—The amount of the grant the following: payable to a State under section 403(a)(1)(A) sions around here from time to time. It ‘‘(4) LIMITATION ON VOCATIONAL EDUCATION for fiscal years 1998, 1999, and 2000 shall be in- was over how do we do the right thing ACTIVITIES COUNTED AS WORK.—For purposes creased by— and still save enough money and of determining monthly participation rates ‘‘(A) an amount equal the product of $25 change the system. I think we ended up under paragraphs (1)(B)(i)(I) and 2(B)(i) of multiplied by the number of children in the September 15, 1995 CONGRESSIONAL RECORD — SENATE S 13653 State in families with incomes below UNANIMOUS-CONSENT AGREEMENT use later in the day, that there be a pe- the poverty line, according to the most Mr. DOLE. Mr. President, I ask unan- riod for the transaction of routine recently available Census data, if— imous consent that when the Senate morning business not to extend beyond ‘‘(i) the illegitimacy ratio of the State for reconvenes at 2:15 p.m. on Tuesday— 10 a.m., with Senators permitted to the most recent fiscal year for which such and we will be here Monday, but this is speak therein for up to 5 minutes each. information is available is at least 1 percent- after the policy lunch Tuesday—the The PRESIDING OFFICER. Without age point lower than the illegitimacy ratio Senate proceed to 30 minutes of debate of the State for fiscal year 1995 (or, if such objection, it is so ordered. information is not available, the first avail- to be equally divided in the usual form, f able year after 1995 for which such data is to be followed immediately by a vote available); and on the Gramm amendment No. 2615, to ORDER TO PROCEED TO H.R. 1976 ‘‘(ii) the rate of induced pregnancy termi- be followed by a vote on the Dole modi- Mr. DOLE. Mr. President, I ask unan- nations for the same most recent fiscal year fication, to be followed by adoption of imous consent that at the hour of 10 in the State is not higher than the rate of in- the Dole amendment No. 2280, third duced pregnancy terminations in the State o’clock the Senate proceed to calendar reading and final passage of H.R. 4, as No. 186, H.R. 1976, the Agriculture ap- for fiscal year 1995 (or, the same first avail- amended, with 2 minutes for debate be- able year); or propriations bill, and that no votes ‘‘(B) an amount equal the product of $50 tween the second and third votes, to be occur on Monday prior to the hour of multiplied by the number of children in the equally divided in the usual form. 5:15 p.m. The PRESIDING OFFICER. Without State in families with incomes below the The PRESIDING OFFICER. Without poverty line, according to the most recently objection, it is so ordered. objection, it is so ordered. available Census data, if— Mr. DOLE. For the information of all ‘‘(i) the illegitimacy ratio of the State for Senators, at 2:15 p.m., there will be 30 Mr. DOLE. For the information of all the most recent fiscal year for which infor- minutes for debate, under the control Senators, we are going to begin the Ag- mation is available is at least 2 percentage of the leaders or their designees, for riculture appropriations bill at 10. So points lower than the illegitimacy ratio of wrap-up statements with respect to the we hope Members will offer amend- the State for fiscal year 1995 (or, if such in- ments on Monday, and we can complete formation is not available, the first available welfare bill, and then the Senate will proceed to three back-to-back votes on action by the lunch recess on Tuesday. year after 1995 for which such data is avail- Also, by previous consent, three roll- able); and the Gramm amendment No. 2615, the ‘‘(ii) the rate of induced pregnancy termi- Dole modification, and final passage of call votes will occur on Tuesday, at ap- nations in the State for the same most re- H.R. 4. proximately 2:45, with respect to the cent fiscal year is not higher than the rate of Mr. DASCHLE. If the majority leader welfare reform bill. induced pregnancy terminations in the State will yield, just for the information of f for fiscal year 1995 (or, the same first avail- Senators, is it still the majority lead- able fiscal year). MORNING BUSINESS ‘‘(2) DETERMINATION OF THE SECRETARY.— er’s intention to bring up the Agri- The Secretary shall not increase the grant culture appropriations bill on Monday? Mr. DOLE. Mr. President, I ask unan- amount under paragraph (1) if the Secretary Mr. DOLE. If there is no objection, imous consent that there be a period determines that the relevant difference be- we would like to proceed to that. In for the transaction of routine morning tween the illegitimacy ratio of a State for an fact, I think I have it here. At the hour business not to extend beyond the hour applicable fiscal year and the illegitimacy of 10 a.m. we will proceed to calendar of 3:30 p.m., and Members be permitted ratio of such State for fiscal year 1995 or, No. 186, H.R. 1976, the Agriculture ap- to speak for 5 minutes each. where appropriate, the first available year propriations bill. after 1995 for which such data is available, is The PRESIDING OFFICER. Without the result of a change in State methods of Mr. DASCHLE. The unanimous-con- objection, it is so ordered. sent agreement does include a ref- reporting data used to calculate the illegit- f imacy ratio or if the Secretary determines erence to when votes will take place? that the relevant non-increase in the rate of Mr. DOLE. Not prior to the hour of THE BAD DEBT BOXSCORE induced pregnancy terminations for an appli- 5:15. cable fiscal year as compared to fiscal year Again, candidly, I know some of our Mr. HELMS. Mr. President, it does 1995 or the appropriate fiscal year is the re- Senators have official business on Mon- not take a rocket scientist to be aware sult of a change in State methods of report- day. So we are trying to accommodate that the U.S. Constitution forbids any ing data used to calculate the rate of induced their wishes. We are also trying to fin- President to spend even a dime of Fed- pregnancy terminations. eral tax money that has not first been ‘‘(3) ILLEGITIMACY RATIO.—For purposes of ish that bill by Tuesday. I have talked to Senator COCHRAN, the committee authorized and appropriated by Con- this subsection, the term ‘illegitimacy ratio’ gress—both the House of Representa- means, with respect to a State and a fiscal chairman. He believes it can be done. year— There is one particular amendment tives and the U.S. Senate. ‘‘(A) the number of out-of-wedlock births that will take 2 hours of debate on So when a politician or an editor or that occurred in the State during the most Tuesday morning, concerning chickens, a commentator pops off that ‘‘Reagan recent fiscal year for which such information chilled chickens. It is a matter involv- ran up the Federal debt’’ or that ‘‘Bush is available; divided by ran it up,’’ bear in mind that the ‘‘(B) the number of births that occurred in ing three different States. Kansas is not one of them. It will be interesting. Founding Fathers, two centuries before the State during the most recent fiscal year the Reagan and Bush Presidencies, for which such information is available. I hope we can complete action on ‘‘(4) POVERTY LINE.—For purposes of this that following final action on the wel- made it very clear that it is the con- subsection, the term ‘poverty line’ has the fare bill. We had hoped to go to the stitutional duty of Congress—a duty meaning given such term in section State, Justice, Commerce Department Congress cannot escape—to control 403(a)(3)(D)(iii). appropriations bill today. I do not be- Federal spending. ‘‘(5) AVAILABILITY OF AMOUNTS.—There are lieve we can do that now. I assume we Thus, it is the fiscal irresponsibility authorized to be appropriated and there are will take that up following the Agri- of Congress that has created the in- appropriated such sums as may be necessary credible Federal debt which stood at for fiscal years 1998, 1999, and 2000 for the culture bill. purpose of increasing the amount of the f $4,968,803,366,390.98 as of the close of grant payable to a State under section business Thursday, September 14. This 403(a)(1) in accordance with this subsection. ORDERS FOR MONDAY, outrageous debt—which will be passed Mr. DOLE. Mr. President, I move to SEPTEMBER 18, 1995 on to our children and grandchildren— reconsider the vote. Mr. DOLE. I ask unanimous consent averages out to $18,861.66 for every Mr. DASCHLE. I move to lay that that when the Senate completes its man, woman and child in America. motion on the table. business today, it stand in recess until f The motion to lay on the table was the hour of 9:45 a.m. Monday, Septem- agreed to. ber 18, 1995; that following the prayer, COMMENDING OSEOLA MCCARTY Mr. DOLE. There were 39 votes and the Journal of the proceedings be Mr. LOTT. Mr. President, I rise today there will be three more, so that is 42 deemed approved to date, the time for to commend a Mississippi woman who votes before we complete action. the two leaders be reserved for their is a role model for all Americans, Ms. S 13654 CONGRESSIONAL RECORD — SENATE September 15, 1995 Oseola McCarty. Ms. McCarty, of Hat- the fundamental causes of World War age—a bad peace that will inevitably tiesburg, has spent her life as a laun- II. lead to another bad war. dress. Due to her compassionate na- The point obviously is that a good, More specifically, I am worried that ture, she quit school in the sixth grade sensible peace settlement that elimi- Assistant Secretary Holbrooke has to take care of her ill aunt who was un- nates the root causes of conflict—or at misjudged the character of the Serbian able to take care of herself. At that least ameliorates the worst injustices— strongman Milosevic and has unneces- time she began to wash and iron can prevent future war. sarily and unwisely involved, or even clothes for people in the Hattiesburg Conversely, a peace settlement un- considered involving, Russian troops in community and began to put money in duly influenced by important, but sec- the most delicate aspect of the pro- the bank, dollar by dollar. But she was ondary considerations such as per- posed agreement. not thinking of herself. She only took ceived world opinion, a passionate Finally, I fear that the administra- one vacation as a young woman to Ni- yearning for an end to hostilities, or tion has seriously overestimated the agara Falls and, despite the heat of deference to sensibilities of allies or willingness of this Congress to support summer in Mississippi, she just re- even enemies, all at the expense of the emerging settlement with massive cently purchased a window air-condi- hard realities, will only temporarily development aid and the commitment tioning unit for the home she has lived halt the fighting and postpone the at- of American troops to the former in for most of her life. She only made tainment of a lasting peace. Yugoslavia as peacekeepers. the purchase at the insistence of her Mr. President, it is profoundly unfor- The joint statement issued on Sep- friends at the bank. tunate that for more than 4 years, two tember 8, in Geneva, despite vigorous She is no longer able to iron clothes administrations abdicated this coun- denials by Assistant Secretary due to her arthritis, but she has given try’s leadership in solving Europe’s Holbrooke, manifestly abandons the the University of Southern Mississippi bloodiest crisis since 1945. ideal of a multiethnic, multireligious, $150,000 in order to set up a scholarship The dismal series of broken promises, democratic Bosnia. for needy black students in her name aborted cease-fires, and ongoing atroc- Instead, the so-called Republika so someone will have the education she ities in the former Yugoslavia attests Srpska, of Karadzic and Mladic—two had to give up. She made the state- to the stark fact that unless the United indicted war criminals—is accorded ment, ‘‘I just want it to go to someone States takes the lead, no foreign and status equal to the legitimate Govern- who will appreciate it and learn. I’m security problem will be solved in Eu- ment of the Republic of Bosnia and old and I’m not going to live always.’’ rope. I do not say this to brag; this is Herzegovina, whose territory must be She gave 60 percent of her savings to a simple fact echoed by many Euro- divided between the Pale Serbs and the the university near her home. The peans. Moslem-Croat federation. This, Mr. business community in Hattiesburg is So I applaud President Clinton for President, is a huge concession. overwhelmed with her generosity and having broken the Balkan logjam this And what is gotten in return? The has come together to match her dona- summer through an energetic combina- Bosnian Serbs agree to only 49 percent tion. Ms. Oseola McCarty has been rec- tion of military action and diplomacy. of the territory of Bosnia and ognized by local and national media Let us recall, however, that in this Herzegovina. This acceptance has been alike, and I am proud to have this op- effort we have paid a grievous price. I trumpeted as a major concession on portunity to share this remarkable take this opportunity to pay tribute to their part, usually described as sac- story of generosity with everyone here the memory of three immensely tal- rificing one-third of the territory they today. ented and patriotic Americans—Joseph currently occupy. Not only should we commend Ms. Kruzel, Robert Frasure, and Nelson In actuality, however, it has been McCarty, but also her community. At Drew—who last month gave their lives weeks since the Bosnian Serbs have this time of budget cuts and welfare re- on the Mount Igman Road near Sara- controlled 70 percent of Bosnia and form, we should use the people of Hat- jevo in the pursuit of peace. Herzegovina despite the persistence of tiesburg as a model for our future. Yes, And now, thanks to the efforts of the media in erroneously describing it it is going to be tough to bring our Na- these men, and to the labors of Assist- as such. tion to fiscal order, but if we all pool ant Secretary of State Richard At the time of the Geneva signing our efforts we can do great things for Holbrooke and his new team, we are on they controlled perhaps 62 percent; this those who need help. Ms. McCarty lived the brink of another Bosnian cease- week they lost another 6 or 7 percent. a frugal existence so that she could fire. This one is being praised: In short, Mr. President, the military give to others. What a wonderful exam- For having secured a promised with- fortunes of the Bosnian Serbs have ple for us all. drawal of Bosnian Serb heavy weapons been on the wane. The NATO bombing f around Sarajevo and for opening land campaign has contributed marginally and air routes into the city—in return to their difficulties by disrupting their THE PEACE INITIATIVE IN BOSNIA for a halt in the NATO bombing cam- communications, but the Bosnian AND HERZEGOVINA paign. Serbs’ problems run much deeper. Mr. BIDEN. Mr. President, I rise For thereby having prevented a split The Serbs’ capture of the supposedly today both to congratulate the Clinton in the Atlantic Alliance that report- safe U.N. areas of Srebrenica and Zepa administration for having taken the edly was developing because of the in July was actually a desperate gam- lead in the search for peace in the bombing campaign. ble by General Mladic and his Serbian former Yugoslavia and, at the same For having put a stop to a poten- patron Milosevic to halt their military time, to offer words of caution, even tially dangerous confrontation with reverses. The Bosnian Serb Army is warning. Russia. outmanned and is plagued by rapidly Mr. President, Benjamin Franklin For allowing a framework for a peace sinking morale. In the west and north once wrote. ‘‘There never was a good settlement to be fleshed out. it has lost is allies with the ouster of war or a bad peace.’’ These sentiments And yet, Mr. President, despite the the Krajina Serbs by the Croatian are indeed seductive, for no one who apparent merits of this agreement and Army. has seen the carnage of war could wish of the peace framework, I am worried. The Bosnian Serb Army retains a for anything more fervently than an I am worried precisely because I fear strong base in Eastern Bosnia and, of end to the bloodletting. that too much attention has been given course, the capability to indulge in its Yet, for all his wisdom, Franklin was to secondary considerations at the ex- favorite maneuver, lobbing artillery ultimately wrong. There are good wars. pense of primary ones. and mortar shells at defenseless civil- The American Revolution that gave I am worried because fundamental ians, as shown by the latest massacre birth to our country was but one exam- principles appear to have been sac- in the Sarajevo market. ple. And there are bad peace settle- rificed for short-term gain. So it is highly probable that within ments. Most historians agree that the In other words, I am worried that we the near future the situation on the Versailles Treaty that ended World may be seeing the beginnings of what ground would have dictated a willing- War I was fatally flawed and was one of Benjamin Franklin could not envis- ness of the Bosnian Serbs to sue for September 15, 1995 CONGRESSIONAL RECORD — SENATE S 13655 peace—without our offering the formal And we certainly do not want to of- am confident, will not approve it this recognition which they have craved for fend the Russians. These are the people time. so long. who this week accused NATO of geno- f Now we face the prospect of a recog- cide for its bombing campaign specifi- nized, ethnically cleansed Bosnian Serb cally targeted to avoid civilian areas, FOREIGN RELATIONS COMMITTEE entity in a shotgun marriage with the even when it meant sparing legitimate STAFF REPORT ON TURKEY part of Bosnia and Herzegovina that is military targets. Mr. PELL. Mr. President, during the struggling to maintain the ideals of Other than desecrating the memory August recess two members of the For- multiethnic tolerance and compromise. of millions of people who really did die eign Relations Committee minority Can one blame the citizens of Sarajevo, as a result of genocide, the Russians staff traveled to Turkey at my direc- Moslems, Croats, Serbs, Jews, and with their apoplectic rhetoric and big tion to assess a range of issues related other nationalities, for feeling be- lie techniques make even the most to United States-Turkish bilateral re- trayed? well-disposed American wonder if much lations. Turkey, one of the largest re- What is the lesson that other poten- has changed since the bad, old days of cipients of United States military as- tial ethnic cleansers will learn from Soviet rule in the Kremlin. sistance, is an important United States this carve-up? So what do we do? If one is to believe ally in a dangerous and unstable re- Assistant Secretary Holbrooke was press reports, we contemplate a deal gion. It is therefore, incumbent upon quoted in the New York Times as wor- that puts Russian forces around Sara- us to take a close look at what is oc- rying about the implementation of the jevo to enforce the withdrawal of the curring in Turkey—the threats to its details of this strange and contradic- Bosnian Serbs’ heavy weapons. security, its political struggles, and its tory government structure. And well This would be a master stroke! We human rights situation. In particular, I he should worry. But it is the violence would now put the fate of the long-suf- asked my staff to focus on Turkey’s done to fundamental principles of de- fering citizens of the Bosnian capital in Kurdish problem, which has broad im- cency and democracy that is the real the hands of people for whom Bosnian plications for regional stability, as tragedy, not how the mugging is ac- Serb war crimes are allegedly part of a well as Turkey’s relations with the complished. people’s struggle for existence. West. In conceiving both the peace frame- Suppose, just suppose, that the un- Among the staff’s findings is that the work and the latest cease-fire, Assist- thinkable happens and the Bosnian Kurdistan Workers’ Party [PKK] poses Serbs cheat on the deal and the Rus- ant Secretary Holbrooke has relied on a grave threat not only to Turkey, but sians back them up. Now instead of Milosevic to deliver. According to the to regional stability as well. At the having the option of resuming the same New York Times article, Mr. same time, the Government of Turkey bombing of the Bosnian Serbs, we Holbrooke praised the Serbian is unable—or unwilling—to distinguish would have to worry about hitting Rus- strongman as a peacemaker. the genuine threat posed by the PKK sian soldiers. Mr. Holbrooke is, of course, entitled from the legitimate rights and aspira- Mr. President, this reported part of tions of the Kurdish people. Turkey is to his opinion, which is no doubt well- the deal is so incredible that at first I responding with a heavy-handed, indis- informed. However, I also have dealt could only believe that it was some criminate military campaign against personally with Mr. Milosevic, and I sort of a trial balloon. This morning the Kurds, even as it shuts off opportu- much prefer the portrayal of him given the White House told my staff that it nities for nonviolent, Kurdish political by our former Ambassador to Yugo- may have been a deliberate piece of expression. Consequently, Turkey may slavia, Warren Zimmerman: A habitual disinformation by the Russians. I hope be fomenting, rather than preventing liar who condoned and organized un- so, because the idea is a nonstarter. speakable atrocities. What is the role of Congress in this Kurdish separatism. I believe this report makes an impor- Mr. President, these are not just peace process? In order to cement the tant contribution to the Congress’ con- harmless differences of opinion. Rath- bargain the Congress apparently will sideration of the United States ap- er, they impact directly on the chances be asked to pony up half-a-billion dol- proach toward Turkey. I ask unani- for the cease-fire and the peace settle- lars as a downpayment on an even larg- mous consent that the ‘‘Summary of ment succeeding. er aid package to follow. Because I consider Milosevic to be a And, as the final stroke, we will be Key Findings’’ be placed into the liar and a war criminal, I am not at all asked to send American soldiers to RECORD at this point, and would com- surprised that he has continued to sup- Bosnia and Herzegovina as apartheid mend the full report, which is a avail- port the Bosnian Serbs with weapons, cops to enforce the destruction of the able at the Foreign Relations Commit- training, and vital infrastructural as- unitary, multiethnic State. tee office, to my colleagues’ attention. sistance—even during the NATO bomb- Well this Senator is frankly revolted SUMMARY OF KEY FINDINGS ing campaign of the last 2 weeks—all at the whole thing. Will we be asked to Turkey, which places a high priority on the while assuring us that he has aban- bankroll the fiefdom of the war crimi- good relations with the West in general and doned Karadzic and the Bosnian Serbs the United States in particular, is an impor- nals Mladic and Karadzic who orches- tant U.S. ally in a dangerous and unstable in Pale. trated vile ethnic cleansing, mass I would ask, what is the next step? neighborhood: Three of its immediate neigh- rapes, and mass murder all across bors—Iran, Iraq, and Syria—are on the U.S. Are we to reward Milosevic’s brazen Bosnia? list of state sponsors of terrorism; it is en- duplicity with further sanctions of re- Moreover, now that our pilots have gaged in an economic and political competi- lief for Serbia? bombed the Bosnian Serbs—as they tion with Russia for influence in and access Assistant Secretary Holbrooke was rightfully have done—does anyone seri- to the resources of Central Asia and the quoted as saying that we did not sell ously think that Americans would be Caucasus; there is ongoing conflict to Tur- out the Bosnian Moslems. ‘‘They want- treated by the Bosnian Serbs as just key’s north—in Georgia and between Arme- nia and Azerbaijan. Turkey is not, however, ed this agreement,’’ he assured the New any old neutral peacekeepers? York Times. ‘‘They knew this was a a disinterested in neutral party, it is openly Mr. President, I realize that Mr. sympathetic to Azerbaijan’s position, and al- good deal.’’ Holbrooke and his team have worked though it has opened an air corridor to Ar- Well, I hope so, but pardon my skep- long and hard and in good faith. I also menia, Turkey maintains a road and rail ticism. Other than having to abandon understand that we are describing blockade; it continues to spar with Greece their ideal of a unitary, multiethnic work in progress. over Cyprus and other issues, in particular, a State, the Moslem-led Bosnian Govern- But let these concerns that I have dispute over maritime boundaries in the ment has had to put up with criticism raised today be viewed unambiguously wake of Greece’s ratification of the Law of this past week for having had the nerve as a shot across the bow of the admin- the Sea treaty threatens to bring Turkey to launch an offensive with their and Greece into outright conflict. istration’s Bosnian peace flotilla: Do The Kirdistan Workers’ Party (PKK) poses Bosnian Croat allies to try to liberate not come to Congress with a bad peace a grave threat not only to Turkey, but to re- parts of western Bosnia that were eth- to end a bad war. gional stability as well. The PKK—which nically cleansed of Moslems and Croats It has not worked in the past. It can- employs deadly terrorist tactics against in- in 1992. not work in the future. And Congress, I nocent noncombatants in Turkey and S 13656 CONGRESSIONAL RECORD — SENATE September 15, 1995 against innocent civilians elsewhere in the lefist groups during the 1970s and early Columbia and other activities chargeable in Middle East and Europe—bears direct re- 1980s—could backfire and inadvertently pro- whole or in part against the revenues of said sponsibility for much of the tensions in vide a foothold for Islamic extremists. District for the fiscal year ending September southeast Turkey and for prompting the re- f 30, 1996, and for other purposes; from the cent Turkish invasions of Iraq. Committee on Appropriations; placed on the Operation Provide Comfort, the allied hu- EXECUTIVE AND OTHER calendar. manitarian and security operation in North- COMMUNICATIONS By Mr. ASHCROFT (for himself, Mr. ern Iraq, is a critical element of U.S. and ABRAHAM, Mr. BOND, Mr. COCHRAN, Western strategies with regard to Iraq, and The following communications were Mr. DEWINE, Mr. HATCH, Mr. INHOFE, may be the only thing preventing tens of laid before the Senate, together with Mr. KYL, Mr. MCCAIN, Mr. SIMPSON, thousands of Kurds from pouring into south- accompanying papers, reports, and doc- Mr. THURMOND, and Mr. GRAMM): eastern Turkey. Although some Turkish offi- uments, which were referred as indi- S. 1245. A bill to amend the Juvenile Jus- cials recognize these facts and military offi- cated: tice and Delinquency Prevention Act of 1974 cials at Incirlik have provided splendid co- to identify violent and hard-core juvenile of- operation to their British, French and Amer- 1441. A communication from the Adminis- fenders and treat them as adults, and for ican counterparts, other Turkish military trator of the Panama Canal Commission, other purposes; to the Committee on the Ju- and political officials (including par- transmitting, pursuant to law, the report diciary. liamentarians) argue that Provide Comfort under the Freedom of Information Act for By Mr. WARNER: offers the PKK protection and cover in calendar year 1994; to the Committee on the S. 1246. A bill to amend titles 5 and 37, Northern Iraq. This rather schizophrenic Judiciary. United States Code, to provide for the con- view of Provide Comfort makes Turkey ap- 1442. A communication from the Associate tinuance of pay and the authority to make pear a relucant participant in the allied ef- Attorney General, transmitting, pursuant to certain expenditures and obligations during fort, which Turkey has exploited to its ad- law, the report under the Freedom of Infor- lapses in appropriations; to the Committee vantage in dealings with its allies. mation Act for calendar year 1994; to the on Governmental Affairs. In keeping with traditions established dur- Committee on the Judiciary. By Mr. GRASSLEY (for himself, Mr. ing the days of Mustafa Kemal Attaturk, 1443. A communication from the Associate KYL, and Mr. NICKLES): Turkey has an almost paranoid fear of losing Attorney General for Legislative Affairs, S. 1247. A bill to amend the Internal Reve- its Turkish identity. The government of Tur- transmitting, pursuant to law, the report on nue Code of 1986 to allow a deduction for con- key accordingly is unable—or unwilling—to the activities and operations of The Public tributions to a medical savings account by distinguish the genuine threat posed by the Integrity Section for calendar years 1992 and any individual who is covered under a cata- PKK from the legitimate rights and aspira- 1993; to the Committee on the Judiciary. strophic coverage health plan; to the Com- tions of the Kurdish people. As a result, Tur- 1444. A communication from the Inspector mittee on Finance. key refuses to engage in a political dialogue General of the Railroad Retirement Board, By Mr. WELLSTONE (for himself, Mr. with nonviolent Kurdish representatives, and transmitting, pursuant to law, the report of PRESSLER, Mr. HARKIN, Mr. KERREY, is executing a heavy-handed, indiscriminate the budget request for fiscal year 1997; to the Mr. CONRAD, and Mr. DORGAN): military campaign to eradicate what it Committee on Labor and Human Resources. S. 1248. A bill to amend the Internal Reve- views as a monolithic threat to the unity of 1445. A communication from the Secretary nue Code of 1986 to allow the alcohol fuels the country. of Health and Human Services, transmitting, credit to be allocated to patrons of a cooper- The city of Diyarbakir, which symbolizes pursuant to law, the report of the Council on ative in certain cases; to the Committee on the ethnic difficulties that persist within Alzheimer’s Disease for fiscal year 1994; to Finance. Turkey, has become a haven for rural Kurds the Committee on Labor and Human Re- By Mr. FRIST: forced to evacuate neighboring towns and sources. S. 1249. A bill to amend the Internal Reve- villages destroyed by the Turkish military. 1446. A communication from the Secretary nue Code of 1986 to establish medical savings By some estimates, the city’s population has of Health and Human Services, transmitting account, and for other purposes; to the Com- grown from roughly 300,000 to more than pursuant to law, the report entitled, ‘‘Alco- mittee on Finance. 1,500,000 during the past five years. Although hol and Other Drug Abuse Prevention: The Turkish officials, local residents, and some National Structured Evaluation’’; to the f independent observers suggest that tensions Committee on Labor and Human Resources. have subsided during the past two years, it is 1447. A communication from the Director SUBMISSION OF CONCURRENT AND evident that any existing calm is tenuous of Health Care Delivery and Quality Issues, SENATE RESOLUTIONS and the result of Turkey’s overwhelming— the General Accounting Office, transmitting, The following concurrent resolutions and at times oppressive—security presence, the report entitled, ‘‘VA Health Care: Need and Senate resolutions were read, and which has exacted a high cost in terms of for Brevard Hospital Not Justified’’; to the human rights violations. Committee on Veterans’ Affairs. referred (or acted upon), as indicated: Turkey’s government refuses even to ac- 1448. A communication from the Director By Mr. DOLE: knowledge that there is a ‘‘Kurdish prob- of the Office of Personnel Management, S. Res. 172. A resolution providing for sev- lem,’’ and thereby is ignoring the real issue. transmitting, pursuant to law, the report on erance pay; considered and agreed to. By equating all Kurdish aspirations with the veterans’ employment in the Federal Gov- f terrorist designs of the PKK, Turkey effec- ernment for fiscal years 1993 and 1994; to the tively has eliminated outlets for nonviolent Committee on Veterans’ Affairs. STATEMENTS ON INTRODUCED Kurdish political or cultural expression. As a f BILLS AND JOINT RESOLUTIONS consequence, Turkey unintentionally may be By Mr. ASHCROFT (for himself, contributing to the PKK’s appeal. REPORTS OF COMMITTEES Turkey desperately wants to join the Euro- Mr. ABRAHAM, Mr. BOND, Mr. pean Union’s Customs Union, and is making The following reports of committees COCHRAN, Mr. DEWINE, Mr. some effort to meet the European Par- were submitted: HATCH, Mr. INHOFE, Mr. KYL, liament’s minimum demands regarding de- By Mr. JEFFORDS, from the Committee Mr. MCCAIN, Mr. SIMPSON, Mr. mocratization and human rights in order to on Appropriations, without amendment: THURMOND, and Mr. GRAMM): achieve membership. It may even make some S. 1244. An original bill making appropria- modifications to Article 8 of the Anti-Terror S. 1245. A bill to amend the Juvenile tions for the government of the District of Justice and Delinquency Prevention law (which prohibits the advocacy of sepa- Columbia and other activities chargeable in ratism). Turkey will not, however, take any whole or in part against the revenues of said Act of 1974 to identify violent and hard- action which it perceive as comprising the District for the fiscal year ending September core juvenile offenders and treat them Turkish identity, so there are limits to the 30, 1996, and for other purposes (Rept. No. as adults, and for other purposes; to amount of genuine change it will make to 104–144). the Committee on the Judiciary. gain membership in the Customs Union. It is equally unclear that the West would have f THE VIOLENT AND HARD-CORE JUVENILE much impact on Turkish behavior by with- OFFENDER REFORM ACT OF 1995 holding benefits such as Customs Union INTRODUCTION OF BILLS AND Mr. ASHCROFT. Mr. President, along membership. JOINT RESOLUTIONS with Senators ABRAHAM, BOND, COCH- Despite claims that it regards fundamen- The following bills and joint resolu- RAN, DEWINE, HATCH, INHOFE, KYL, talism as a threat to its secular heritage, the tions were introduced, read the first MCCAIN, SIMPSON, and THURMOND, I am government of Turkey appears to be encour- pleased to introduce the Violent and aging and even sponsoring Islamic activities and second time by unanimous con- in an attempt to bind the country together sent, and referred as indicated: Hard-Core Juvenile Offender Reform and defuse separaist sentiment. Such a strat- By Mr. JEFFORDS: Act of 1995. The crime epidemic sweep- egy—which parallels efforts of governments S. 1244. An original bill making appropria- ing across our country—growing with in the Near East seeking to counter radical tions for the government of the District of each passing year—can be attributed, September 15, 1995 CONGRESSIONAL RECORD — SENATE S 13657 in significant part, to the steady in- tree across a road. When the driver by juveniles. The bill identifies this crease in serious and violent crimes tried to run their blockade, one of the group of juvenile offenders. committed by juveniles. thugs shot him dead. The gunman, a 16 Traditionally, the juvenile court Between 1988 and 1992, juvenile ar- year old, was sentenced as a juvenile, judge decides whether to transfer a ju- rests for violent crimes increased by 47 and, unless the prosecutor’s wins an venile to adult criminal court. In mak- percent, while adult violent crime ar- appeal, he will go free at 21. The judge ing this decision, the juvenile judge has rests increased by 19 percent. Specifi- was quoted as saying, ‘‘I’m not con- broad discretion. Thus, the judge is cally, juvenile murders increased 26 cerned about whether or not this able to abuse his discretion. The bill percent, forcible rapes increased 41 per- makes anybody safer.’’ would replace the subjectivity of the cent, robberies increased 39 percent, Law and order in our neighborhood juvenile court judge with the objectiv- and aggravated assaults increased 27 communities have yielded to crime and ity of the seriousness of the crime com- percent. These statistics are alarming. disorder. For its part, the current juve- mitted and the age of the offender. The But in order for Congress to provide a nile justice system reprimands the bill would encourage States to pros- real solution, it must first understand crime victim for being at the wrong ecute juveniles, age 14 and older, who the nature of the problem. Until that place at the wrong time, and then commit: First, murder; second at- occurs, legislative initiatives coming turns around and hugs the young tempted murder; third, forcible rape, out of both Houses of Congress will criminal, whispering ever so softly into fourth, serious drug offenses—as de- continue to miss the mark. his ear, ‘‘Don’t worry, the State will fined by Federal law, or fifth, serious Just last year, Congress passed the protect you.’’ The critical question fac- offenses while armed with a dangerous Omnibus Violent Crime Control and ing us Americans, as asked by the late or deadly weapon, namely, robbery, as- Law Enforcement Act, a bill intended FBI Director J. Edgar Hoover, is: ‘‘Are sault and battery. Such a system is not to control crime. Although the bill we to stand idly by while fierce young a radical idea. In fact, more than 25 contained some provisions directed at States legislatively exclude certain se- youth violence, they were amendments hoodlums—too often and too long rious offenses from the juvenile court’s to the Federal criminal code. The re- harbored under the glossy misnomer of jurisdiction. Those States include ality is that a very small number of ju- juvenile delinquents—roam our streets veniles are tried in Federal proceed- and desecrate our communities?’’ We Delaware, Illinois, Indiana, and Mary- ings. In 1990, there were 197 such pro- cannot afford to stand idly by, not land. Moreover, the automatic referral ceedings; in 1991, 166; in 1992, 109; in when the homicide rate committed by of certain serious cases to the criminal 1993, 64; and in 1994, 92. Therein lies the teens ages 14–17 has more than doubled, justice system will free up limited re- major weakness in the 1994 crime bill. increasing 165 percent from 1985 to 1993; sources in the juvenile court system. Any amendments strengthening the not when juvenile arrests for weapons The criminal justice system, not the federal criminal code regarding juve- law violations increased 117 percent be- juvenile justice system, can emphasize niles are limited to those offenders, a tween 1983 and 1992; not when one out that adult criminal acts have real con- minute number, who happen to find of every 13 juveniles reported being a sequences. The purpose of the criminal themselves in federal juvenile proceed- victim of a violent crime in 1992; and justice system is to punish, that is, to ings. If the goal is to reduce juvenile not when the number of juvenile vio- hold defendants accountable. Studies crime, then fundamental changes must lent crime arrests is expected to double show repeatedly that punishment re- occur at the state level. This is because by the year 2010. We must challenge duces both frequency and seriousness States and local governments handle this culture of violence and restore the of offenses by young criminals and is the vast majority of juvenile offenders. culture of personal responsibility. most effective when it is consistently The problem of juvenile violence is Having examined the juvenile justice imposed for every offense, according to occurring everywhere in the United system, having analyzed the efficacy of University of Southern California psy- States. different philosophical approaches, chologist Sarnoff Mednick. Therefore, In Rockland, MA, four teenagers beat having had conversations with rep- since research studies have confirmed a man to death with a baseball bat and resentatives from school districts, law that criminal punishment of young of- bottle while he was waiting for his enforcement, and citizens’ organiza- fenders will reduce further criminal ac- girlfriend. The assault followed the tions, I have devised a comprehensive tivity, then serious offenders should death of two men who were shot by a approach that will control violent juve- face adult prosecution. teenager for a leather jacket. nile crime by encouraging States to In addition, the bill contains what I In Jacksonville, FL, when the victim enact sweeping reforms. This legisla- like to refer to as the ‘‘three-strikes- could find only $5 in his pocket to ap- tion provides Federal funds to States and-you’re-out’’ provision for chronic pease the two 16 year olds robbing him and local governments to assist them offenders. It provides that juveniles, in 1994, he asked: ‘‘You’re not going to in reforming their juvenile justice sys- who have two prior felony adjudica- shoot me over $5, are you?’’ They did, tems. The bill identifies violent and tions, will be subject to transfer to and he died. hard-core criminals, imposes stiffer adult criminal court on their third, In St. Louis, MO, two female college penalties, and deters crimes. subsequent charge for a felony offense. students were out on a weekend night First, serious, violent, and chronic A 1988 study on the court careers of ju- when they were abducted by two sus- juvenile offenders would be held ac- venile offenders found that juveniles pects, ages 16 and 19. The lone survivor referred to juvenile court for a second was raped, shot in the face three times, countable. time before age 15 are likely to con- and abandoned. The other, Melissa The juvenile justice system’s pri- tinue their law-violating behavior. The Aptman, who pleaded with the teen- mary goal is to rehabilitate the juve- study further found that juveniles who agers not to hurt them, was shot and nile offender. Such a system can handle committed a violent offense were the killed. Both suspects had previous runaways or school truants, but is ill- most likely to return to court charged criminal records. In fact, the 16 year equipped to deal with chronic, serious with a subsequent violent offense. The old was on probation at the time of the offenders. Even the National Council of legislative proposal draws from these abduction. Juvenile and Family Court Judges, a In Washington, DC, 11 blocks from membership organization for juvenile findings. The bill seeks to intervene the Capitol, a 14 year old stopped a justice professionals, is hard-pressed to early in the lives of the hardened ca- young man during rush hour who he admit: Rehabilitation has been re- reer criminal and places them in the thought had stolen his jacket a few markably successful for most juvenile criminal justice system. days before. He whipped out a pistol offenders. It has not been successful for Second, States would create and and blazed away. One bullet killed a fa- the small number of chronic and seri- maintain juvenile criminal records. ther of two. The teenager got the maxi- ous offenders. For them, strict ac- The U.S. Supreme Court, in the 1967 mum sentence: 2 years in the District countability appears necessary. Stud- landmark decision, In re Gault, said: of Columbia detention center. ies have found that a small percentage ‘‘The summary procedures of juvenile In Detroit, MI, six teenagers decided of juveniles are responsible for the vast courts are sometimes defended by a to carjack a motorist by dragging a majority of serious offenses committed statement that it is the law’s policy to hide youthful errors from the full gaze S 13658 CONGRESSIONAL RECORD — SENATE September 15, 1995 of the public and bury them in the years of age they can begin their sec- when police officers arrest juveniles graveyard of the forgotten past. This ond career as adult criminals with an they have no idea with whom they are claim of secrecy, however, is more unblemished criminal record. The time handling because the records are kept rhetoric than reality.’’ In other words, has come to discard the anachronistic confidential. This veil of secrecy un- in rhetoric we are protecting juveniles idea that crimes, no matter how hei- dermines law enforcement efforts. Law from the stigma of a record but in re- nous, by juveniles must be kept con- enforcement agencies need to know the ality we are coddling criminals. We fidential. Under the bill introduced prior records of individuals who are must divorce the rhetoric from reality today, the Brad Howards in this nation subsequently arrested. Under the bill, by lifting the veil of secrecy. The bill would be held accountable for their if a juvenile is arrested, the police will encourages States to create and main- criminal acts. The Brad Howards would be able to access other state criminal tain records on juveniles, age 14 and be held accountable in their juvenile history records. With more informa- older, for offenses that if committed by years because they would be tried as tion, law enforcement officials will be an adult would be classified as a felony. adults for selling illicit drugs. The able to make more intelligent deci- And, juveniles under age 14 adjudicated Brad Howards would be held account- sions, like whether to detain or release delinquent of any of the enumerated able in their adult years because their a juvenile arrested for a serious crime. crimes I mentioned earlier will have previous juvenile court records would Additionally, the interstate sharing their conviction recorded and made be made available to State and Federal of accurate and up-to-date records available to necessary parties. The bill courts at adult sentencing. No longer would assist police departments in would also encourage States to trans- will the Brad Howards of this country criminal investigations. For example, mit juvenile criminal records to the be able to act like neophytes to the Federal Bureau of Investigation for in- criminal justice system. Our message suppose a young offender is found clusion in the criminal identification will be clear, cogent, and convincing: guilty of burglary in Oklahoma. The database. That way, when young crimi- Serious acts have serious con- court sentences him to 7 months in a nals and gangs move from State to sequences. detention center. Following his release, State, their records will follow them. Fourth, school officials would have he travels to Texas where he robs an el- The juvenile records would be made access to juvenile criminal records. derly lady who upon being accosted re- available to law enforcement agencies, This past spring, I received a letter fuses to give away her purse. Angered school officials, and judges. from a seventh grader who wrote by her refusal the young offender stabs Third, juvenile criminal records ‘‘Sometimes I wonder what people her to death. He opens her purse, takes would be made available to adult think crime really is. It’s much worse the wallet, and flees the crime scene. courts for purposes of adult sentencing. than that. My definition is bringing Assume further there are no eye- According to the 1991 Survey of In- drugs and guns to school so that other witnesses to the murder. The police, mates in State Correctional Facilities, classmates wake up with the question: however, are able to lift fingerprints nearly 40 percent of prison inmates had Will I be safe today?’’ from the purse. If the bill were enacted, a prior record as a juvenile. That is ap- Following receipt of this letter, I met the Texas police would be able to iden- proximately four in 10 prison inmates. with school officials to discuss school tify the assailant because the juvenile The significance of this statistical in- violence. A school teacher recalled an would have been fingerprinted and pho- formation is illustrated in Armstrong actual incident in which a student tographed immediately following his Williams’ book ‘‘Beyond Blame’’ in came to school with an electronic conviction for burglary in Oklahoma. which he writes about the real-life ex- ankle bracelet and no one had any perience of a 29-year-old former drug Sixth, school officials would be able knowledge of what that a student had to treat all students equally. dealer named ‘‘Brad Howard.’’ Mr. Wil- done and, more important, no way of liams gives a vivid description of how finding out. Consider the case of Morgan versus society suffers the consequences when Students and teachers spend the Chris L.: In May 1992, Chris L. was di- the criminal justice system fails to greater part of their day at school. agnosed as suffering from attention hold criminals accountable: Students and teachers have a right to a deficit hyperactivity disorder. As a re- Brad, staring at a sentence of thirty to safe, educational environment. Yet stu- sult, he was being treated with pre- sixty years in prison for violating Federal dents are challenged to learn in an en- scription medication. Throughout the drug trafficking laws, used his drug money vironment in which chronically violent 1992–93 academic year, his behavioral and the help of his parents to hire a good students roam the halls terrorizing problems continued. On May 11, 1993, lawyer. He was able to beat the charge. The Chris allegedly kicked a water pipe in judge, Brad explains, looked favorably on his them during class exchange periods and story to such an extent that even Brad is after school. Teachers are challenged the school lavatory until it burst—a surprised that he got off. Obviously, the to carry out their duties and respon- crime against public property. The judge thought that Brad was just another sibilities in a seriously disruptive work Knox County School District filed a pe- young man who inadvertently ended up on environment. Under my bill, school of- tition in juvenile court. Chris’ father the wrong end of the system—probably for ficials would have access to juvenile filed for a due process hearing under lack of real opportunity. In a sense, you criminal records to assist them in the Individuals with Disabilities Edu- can’t blame the judge. Brad did not have a looking out for the best interests of all cation Act [IDEA] to review the filing criminal record as an adult, since his youth- of the petition in juvenile court. The ful encounters with the law were hidden students. If schools know the identity from the legal system under rules that pre- of a violent juvenile, they can respond hearing officer concluded that ‘‘[t]he vent juvenile criminal history from being re- to misbehaviors by imposing stricter filing of a petition in Juvenile Court opened once the person turns eighteen. . . . sanctions, assigning particular teach- shall be considered as the initiation of After the trial was over, Brad returned to ers, or having the student’s locker near a change in placement and/or a dis- the streets. a teacher’s doorway entrance so that ciplinary action commensurate with This is a typical problem with many the teacher can monitor his conduct expulsion or suspension for more than State statutes that seal juvenile crimi- during the changing of class periods. In 10 days. * * * [B]efore a school files a nal records. Our laws view juveniles short, this bill would allow schools to petition against a child in Juvenile through the prism of kids gone astray. take measures to prevent violence. Court, it must follow the same proce- When in fact those juveniles who com- Fifth, the sharing of juvenile records dures as for expulsion or suspension for mit serious and violent crimes are would assist law enforcement Agencies. more than 10 days.’’ A Federal district criminals who happen to be young. The bill would assist law enforce- court judge upheld the hearing officer’s Young criminals know what Brad How- ment agencies in criminal investiga- conclusion of law. IDEA is a grant ard knew in his former life as a street tions and apprehension. It encourages funding statute that contains special hustler—that they can commit crimes States to share juvenile record infor- due process procedures for children repeatedly as juveniles because their mation within their subdivisions and with disabilities. The problem is that juvenile records are kept hidden under with other States. While visiting with the special due process procedures for the veil of secrecy. These young crimi- several law enforcement officers I disabled students take several months, nals know that when they reach 18 heard the same recurring problem— and sometimes a year, to complete. September 15, 1995 CONGRESSIONAL RECORD — SENATE S 13659 The practical effect of the judge’s rul- form Act of 1995 will effectively address will continue to be compensated during ing is that schools, as a matter of law, the problem of juvenile violence. a funding lapse. cannot unilaterally refer disabled chil- Mr. President, my intent in offering dren to juvenile court unless parents By Mr. WARNER: this legislation is to provide some consent to the filing of the juvenile S. 1246. A bill to amend titles 5 and measure of financial reassurance for court petition. The bill makes it clear 37, United States Code, to provide for the hundreds of thousands of Federal that those disabled students who com- the continuance of pay and the author- employees and their families that mit criminal acts on school property ity to make certain expenditures and would be affected by a Government are not protected under IDEA’s special obligations during lapses in appropria- shutdown. It is my hope that Congress due process procedures. tions; to the Committee on Govern- and the administration will work to- Seventh, the Office of Juvenile Jus- mental Affairs. gether to resolve our respective dif- tice and Delinquency Prevention would THE FURLOUGH PROTECTION ACT OF 1995 ferences without holding Federal em- provide assistance to States to imple- ∑ Mr. WARNER. Mr. President, I offer ployees hostage to the politics of the ment serious habitual offender com- legislation to safeguard Federal and budget process. In the best of all prehensive action programs. military pay in the event of a Govern- worlds, Congress and the President will The bill would allow State and local ment shutdown due to an appropria- agree to a continuing resolution to pro- governments to use Federal funding to tions funding lapse. This bill is titled vide limited funding for continued Gov- implement serious habitual offender ‘‘The Furlough Protection Act of 1995.’’ ernment operations, however, if an comprehensive action programs Mr. President, during the past sev- agreement cannot be reached and a [SHOCAP]. SHOCAP is a multiagency eral weeks, hundreds of civilian and funding lapse occurs, my legislation program that is intended to improve uniformed personnel of the Federal will protect our Nation’s dedicated ci- the effectiveness of jurisdictions in vilian and uniformed personnel and handling serious habitual juvenile of- Government have contacted my office their families from undue financial fenders. The program enlists police, to express their dismay over prospects hardship. schools, prosecutors, probation offi- of a budgetary train wreck and possible cers, juvenile courts, family and youth employee furloughs. Mr. President, I ask unanimous con- services, detention and corrections of- While I am a strong supporter of the sent that the text of the bill be printed ficials to collaborate more effectively balanced budget resolution and the rec- in the RECORD. and utilize their collective resources to onciliation process, I am deeply con- There being no objection, the bill was identify serious, violent habitual juve- cerned that the Federal employees ordered to be printed in the RECORD, as nile offenders. SHOCAP targets the top could potentially be held hostage to follows: 2 to 3 percent of the most serious ha- the politics of the budget process as S. 1246 Congress and the administration work bitual offenders and puts them under Be it enacted by the Senate and House of Rep- intense supervision. out their respective differences in the resentatives of the United States of America in The Office of Juvenile Justice and appropriations process. Congress assembled, Delinquency Prevention, a division of The most recent furlough of Federal SECTION 1. SHORT TITLE. the U.S. Department of Justice, con- employees occurred over the Columbus This Act may be cited as the ‘‘Furlough ducted five test pilots of SHOCAP. Holiday weekend of 1990. President Protection Act of 1995’’. Oxnard, CA was of the selected sites. Bush vetoed a continuing resolution to SEC. 2. CONTINUANCE OF CIVILIAN PAY DURING SHOCAP was implemented in 1983. provide stopgap funding for Govern- PERIODS OF LAPSED APPROPRIA- Four years later, Oxnard’s violent ment operations. This action was the TIONS. crime dropped 38 percent. By 1989, rape result of the President’s dissatisfaction (a) CONTINUANCE OF PAY.—Subchapter III of decreased 30 percent; robbery decreased with congressional progress on the fis- chapter 55 of title 5, United States Code, is amended by redesignating section 5527 as 41 percent; and murder decreased 60 cal year 1991 budget. After the furlough, several Members section 5528 and inserting after section 5526 percent. The statistics demonstrate the following: that SHOCAP can effectively control of Congress asked the General Ac- counting Office [GAO] to examine the ‘‘§ 5527. Continuance of pay during periods of juvenile crime. lapsed appropriations SHOCAP is also instrumental in ap- taxpayer costs of the 1990 Columbus prehending young criminals. Take, for Day weekend shutdown. The GAO’s ‘‘(a) For purposes of this section— findings were published in a 1991 report ‘‘(1) the term ‘period of lapsed appropria- example, the murder of the British tions’, when used with respect to an em- tourist in Monticello, FL. If you recall, titled, ‘‘Government Shutdown: Perma- ployee, means any period during which ap- four teenagers age 13–16 were charged nent Funding Lapse Legislation Need- propriations are not available due to the ab- with murder in the 1993 slaying of a ed.’’ The GAO found that of the 22 exec- sence of the timely enactment of any Act or British tourist at a highway rest stop utive branch agencies surveyed, 7 re- joint resolution appropriating funds for the and attempted murder of his compan- ported significant shutdown costs to- employing agency of the employee; ion. The killing occurred while the ju- taling about $3.4 million. ‘‘(2) the term ‘employee’ means an individ- veniles were riding around in a stolen The GAO report states that the costs ual employed (or holding office) in or under and disruptions of a Government shut- an agency; car. Because 3 of the 4 teenagers were ‘‘(3) the term ‘agency’ means— serious habitual offenders, they were down would have been much more se- ‘‘(A) an Executive agency; arrested within a matter of days. What vere if the furlough had occurred dur- ‘‘(B) the judicial branch; is more, the 13-year-old reportedly had ing a normal workweek. Twenty of the ‘‘(C) the Library of Congress; more than 50 offenses on his record. twenty-two agencies estimated that an ‘‘(D) the Government Printing Office; SHOCAP works, and through word of average of 506,500 Federal employees ‘‘(E) the legislative branch (excluding any mouth in the law enforcement commu- would be furloughed daily during a agency otherwise referred to in this para- nity: 16 States have at least one experi- funding lapse. The GAO report goes on graph); and to state that the total cost of such a 3- ‘‘(F) the government of the District of Co- enced site implementing the SHOCAP lumbia; process; 150 sites have been reported as day workweek shutdown would range ‘‘(4) the term ‘pay’ means— implementing SHOCAP based on the from $244.6 to $607.3 million. Mr. Presi- ‘‘(A) basic pay; technical assistance provided by expe- dent, in this time of tight budgetary ‘‘(B) premium pay; rienced SHOCAP sites; 5 States (Flor- constraints, such irresponsible actions ‘‘(C) agency contributions for retirement ida, Virginia, Oklahoma, California, & do not make for good public policy. and life and health insurance; and Illinois); and 3 States are reportedly Our Nation’s dedicated civilian and ‘‘(D) any other element of aggregate com- considering SHOCAP legislation. uniformed personnel should not be pe- pensation, including allowances, differen- The bill would make support for nalized for the inability of Congress tials, bonuses, awards, and other similar cash payments; and SHOCAP available in all jurisdictions. and the administration to agree on ‘‘(5) the term ‘furlough’ means the placing CONCLUSION spending priorities. Consequently, I am of an employee in a temporary status with- Mr. President, if enacted, the Violent offering legislation to ensure that uni- out duties and pay because of lack of work or and Hard-Core Juvenile Offender Re- formed and civilian Federal employees funds or other nondisciplinary reasons. S 13660 CONGRESSIONAL RECORD — SENATE September 15, 1995 ‘‘(b) For any period of lapsed appropria- (b) TECHNICAL AND CONFORMING AMEND- will make more cost-conscious deci- tions, there are appropriated, out of any MENT.—The table of sections at the begin- sions for routine health care expenses. moneys in the Treasury not otherwise appro- ning of chapter 19 of title 37, United States Those who hold medical savings ac- priated, such sums as may be necessary for Code, is amended by inserting after the item counts would be able to chose their the pay of any employee who— relating to section 1014 the following: own physicians for routine medical ex- ‘‘(1) performs service as an employee dur- ‘‘1015. Continuance of pay during periods of penses under the deductible limit. ing the period of lapsed appropriations; or lapsed appropriations.’’.∑ ‘‘(2) is prevented from serving during such Since the money they spend for health period by reason of having been furloughed By Mr. GRASSLEY (for himself, care up to the deductible would be due to a lapse in appropriations. Mr. KYL, and Mr. NICKLES): their own, no one else could tell them ‘‘(c)(1) Notwithstanding section 1341 of S. 1247. A bill to amend the Internal what physician they could see, or what title 31, any employee who is furloughed due services they could pay for. It should to a lapse in appropriations shall be paid for Revenue Code of 1986 to allow a deduc- the period during which such employee is so tion for contributions to a medical sav- also be clearer, in an MSA context, furloughed. ings account by any individual who is that the money spent for the cata- ‘‘(2) For purposes of paragraph (1), the pay covered under a catastrophic coverage strophic health plan is the individual payable to an employee for any period during health plan; to the Committee on Fi- consumer’s money. Organizations pro- which such employee is furloughed shall be nance. viding health care through the cata- the pay that would have been payable to THE FAMILY MEDICAL SAVINGS AND strophic coverage policy necessarily such employee for such period had such em- INVESTMENT ACT will have to orient themselves toward ployee not been furloughed. ‘‘(d) For purposes of carrying out section ∑ Mr. GRASSLEY. Mr. President, last satisfying the individuals purchasing 5528 with respect to this section, any ref- year we had a long, controversial, de- those policies. erence in section 5528(b) to an agency outside bate about health care reform. When Third, wider use of medical savings the executive branch shall be construed the dust had settled, a number of accounts would make health care cov- based on the definition of ‘agency’ under sub- things were clear. The American people erage more dependable. Individuals section (a). want health care cost containment. ‘‘(e) Expenditures made for any fiscal year with MSA’s would no longer have to pursuant to this section shall be charged to They want to choose their own physi- worry about losing insurance when the applicable appropriation, fund, or au- cian. They want portable health insur- changing jobs or when experiencing thorization whenever the regular appropria- ance. They don’t want to worry about temporary unemployment. Their tion bill becomes law. losing their health insurance if they MSA’s would follow them to their new ‘‘(f) This section shall take effect on Octo- lose or change their jobs. Finally, they jobs, or would continue to protect ber 1, 1995, and shall terminate on September want more equitable treatment under them when they become unemployed. 30, 1996.’’. the tax code. Mr. President, today I am (b) TECHNICAL AND CONFORMING AMEND- Fourth, it follows that medical sav- MENTS.—(1) The heading for subchapter III of introducing a medical savings account [MSA] bill which can help achieve each ings accounts should increase health chapter 55 of title 5, United States Code, is care coverage. Fully half of the ap- amended by striking ‘‘AND ASSIGNMENT’’ of these goals. and inserting ‘‘ASSIGNMENT, AND CON- The basic MSA concept is simple and proximately 40 million Americans who TINUANCE’’. straightforward, and similar to individ- are uninsured at any given time are (2) The table of sections at the beginning of ual retirement accounts: Reduce pre- uninsured for 4 months or less. Only 15 chapter 55 of title 5, United States Code, is mium costs by selecting a cata- percent are uninsured for more than 2 amended by striking the item relating to strophic, high-deductible policy. Use years. For most, these uninsured peri- section 5527 and inserting the following: the premium cost savings to establish ods occur between jobs. Widespread use ‘‘5527. Continuance of pay during periods of special medical savings accounts. Pay of medical savings accounts would re- lapsed appropriations. duce the number of uninsured, since in- ‘‘5528. Regulations.’’. medical costs below the deductible dividuals would be able to pay health (3) The table of sections at the beginning of amount from the medical savings ac- chapter 55 of title 5, United States Code, is count. And provide favorable tax treat- expenses during periods of unemploy- further amended by striking ‘‘AND ASSIGN- ment of these accounts. ment from those accounts. MENT’’ in the item relating to subchapter Wider use of medical savings ac- Fifth, wider use of medical savings III and inserting ‘‘ASSIGNMENT, AND CON- counts would reduce health care costs. accounts would promote personal sav- TINUANCE’’. It would do so by reducing administra- ings. Since pre-tax moneys are depos- SEC. 3. CONTINUANCE OF MILITARY PAY DURING tive costs. Those with MSA’s would PERIODS OF LAPSED APPROPRIA- ited in medical savings accounts, there TIONS. pay most of their low dollar, under is a strong tax incentive to use them. (a) CONTINUANCE OF PAY.—Chapter 19 of $3,000, health care claims from these Finally, it would make the tax treat- title 37, United States Code, is amended by accounts. The administrative cost of ment of health insurance more equi- adding at the end the following: such claims would be negligible. table. Currently, the tax system allows ‘‘§ 1015. Continuance of pay during periods of It would do so also by making con- employers who pay for health insur- lapsed appropriations sumers more selective in the use of op- ance for their employees to deduct it ‘‘(a) For the purposes of this section— tional health care services. ‘‘(1) the term ‘pay’, with respect to a mem- Most importantly, it would cause from the income on which they pay ber of a uniformed service, means the pay them to be more selective in choosing Federal taxes. It permits the employ- and allowances of such member; and competing providers. This competition ees who receive such an employer-pro- ‘‘(2) the term ‘period of lapsed appropria- among providers for the business of vided benefit to exclude its value from tions’, when used with respect to any mem- their taxable income. The better paid ber, means any period during which appro- those who hold MSA’s should reduce the prices they charge for their serv- the employee and the richer the benefit priations are not available due to the ab- provided by the employer, the bigger sence of the timely enactment of any Act or ices. joint resolution appropriating funds for the It is true, as critics of medical sav- the tax benefits to employer and em- uniformed service of that member. ings accounts have charged, that a rel- ployee. In contrast, smaller employers ‘‘(b) For any period of lapsed appropria- atively small percentage of people who do not offer health insurance and tions, there are appropriated, out of any spend a majority of the health care dol- their employees, the self-employed, moneys in the Treasury not otherwise appro- lars. By implication, since MSA’s and the unemployed receive no tax ben- priated, such sums as may be necessary for efit. This is manifestly unfair. the pay of any member serving as a member would pay only for relatively low dol- of a uniformed service during the period of lar claims, they will not have a major This bill, if enacted, would help to lapsed appropriations. impact on health care costs. However, correct that situation. Any individual ‘‘(c) Expenditures made for any fiscal year it is the case that substantial sums are capable of contributing to a medical pursuant to this section shall be charged to spent for relatively low dollar claims savings account would receive favor- the applicable appropriation, fund, or au- under $3,000. Thus, wider use of MSA’s able tax treatment. Amounts contrib- thorization whenever the regular appropria- uted by individuals to an MSA could tion bill becomes law. does offer the potential of lower health ‘‘(d) This section shall take effect on Octo- care costs. deduct those contributions from in- ber 1, 1995, and shall terminate on September Second, MSA’s put the patient back come for Federal tax purposes. Or, if 30, 1996.’’. into the health care equation. Patients their employer contributes to an MSA September 15, 1995 CONGRESSIONAL RECORD — SENATE S 13661 on their behalf, the employee can ex- Roll Over of Funds: The money in the ac- In most cases, the doctor receives payment clude the contributed amount from in- count is the family’s money, and they have immediately. The patient’s insurance com- come for Federal tax purposes. complete control over it. The account is pany would not have to incur the cost of ad- The medical savings account bill I portable, and accessible for any medical ex- judicating a small, say, $30 claim. pense. The funds in the MSA roll over from am introducing today is a revision of year to year for future medical expenses or SIGNIFICANT CHANGES TO THE ARCHER-JACOBS H.R. 1818, the Family Medical Savings for retirement needs. BILL AS INTRODUCED BY SENATOR GRASSLEY and Investment Act of 1995, introduced Long-Term Care: The Grassley bill allows The Grassley MSA bill incorporates six sig- by Congressman ARCHER on June 13 of individuals and families to pay for long-term nificant improvements to the Archer bill. this year. care premiums from the account. Over the FEHBP Employees Are Eligible: The This bill would permit individuals to longer term significant portions of the popu- Grassley bill allows federal employees in the maintain a medical savings account. lation will use funds from the MSAs to pur- Federal Employee Health Benefit Plan (i.e. chase private insurance for long-term care Hill staff, Senators, and Representatives) to They could do so if they are covered at coverage. This coverage will in turn decrease the same time by a catastrophic health have an MSA. Legislation is needed to make the demand on the Federal government for this possible. plan. Contributions to the medical sav- such services, as will the savings that build Withdrawal at 591⁄2 years old: Retirement ings account would be excludable from up in MSA over time which can be used for withdrawal at 591⁄2 years old is provided for gross income if made by an employer health care and other retirement costs. in the Grassley bill, and the provision for on behalf of an employee. They would Cost: The House companion bill, Archer- withdrawal is similar to the current rules for be tax deductible if made by the indi- Jacobs, has been scored by the Joint Com- IRAs. This provision was not in the original mittee on Taxation as costing $1.8 billion Archer-Jabobs bill because of the uncer- vidual. The total amount that could be over seven years. excluded or deducted from income tainty of how MSAs would be structured for Support for the 10% Penalty on Non-Medi- Medicare. would be the lesser of the deductible cal Withdrawals: In addition to taxing these One Family MSA Per Family: $300 million amount under the catastrophic policy, funds as income, the Archer bill imposes a 10 will be knocked off the official score of the or $2,500 for an individual and $5,000 for percent penalty for non-medical withdraw- bill by restricting one family to only one a family. als. The Business Coalition strongly supports $5,000 MSA. The Archer bill as written could An individual could withdraw from the 10 percent penalty since we believe it have allowed one family a $10,000 MSA. this medical savings account to pay for will encourage savings and discourage frivo- Hundreds of Millions of Dollars in Savings lous consumption. One of the key indirect ef- from Changes in the treatment of Flexible qualified medical expenses. Such with- fects of MSAs will be to increase our nation’s drawals would be excludable from gross Spending Accounts (FSAs): Several hundred abysmally low savings rate, which in turn million dollars will be saved by not allowing income for tax purposes. will help lower interest rates. the FSA to rollover into an MSA during the Mr. President, the medical savings MSAs Have a Strong Appeal to Low-In- first year of this MSA legislation. account bill I am introducing today, if come Wage Earners: Companies that have Total Cost Savings for Grassley Bill: With enacted, would achieve a number of the MSAs have found MSAs are most popular the restriction of one MSA per family, and most important health care reform among lower income employees. Under con- with the change in the treatment of FSAs in ventional insurance plans, low-income em- goals the American people desire. the Grassley bill, the cost of the bill will be ployees would have to meet their $250 or $500 $500 million cheaper than the Archer-Jacobs Mr. President, I ask unanimous con- deductible with after-tax dollars before they sent that additional material be print- bill. The Grassley bill score will be about $1.8 could access their insurance. A single moth- billion over 7 years. ed in the RECORD. er earning $14,000 or $15,000 a year may find New Minimum Deductibles for High De- There being no objection, the mate- it difficult to meet the deductible when rent, ductible Policies: The minimum high-deduct- rial was ordered to be printed in the transportation, taxes, grocery bills and other ible policy in the Grassley bill is $1,500 for RECORD, as follows: needs for her children are pressing. An MSA individuals, and $3,000 for families, as op- allows these low income earners first dollar THE GRASSLEY FAMILY MEDICAL SAVINGS AND posed to $1,800 for individuals and $3,600 for coverage, permitting them to get medical INVESTMENT ACT families in the Archer-Jacobs bill. care when they or their children need it. No spending from the MSA for high-de- How The Grassley Bill Works: It would MSAs Enhance Portability: Should an em- ductible health care premiums: Unless an allow MSAs equal tax treatment with other ployee change jobs or be laid off or fired, the employee is laid off, MSAs will not be used types of employer-provided health insurance, money in his MSA goes with him. This fea- to pay for health care premiums for working and it would allow individuals and the self- ture of MSAs allows the individual to con- employees. The MSA was never designed to employed the ability to contribute to a Med- tinue to pay for his health care premium operate as a fund for the high-deductible pre- ical Savings Account (with certain restric- until he finds another job or is accepted into mium, only as a source of funds for medical tions) and receive a 100% deduction for their his new employer’s health care plan. Indeed, costs below the deductible level of the high- contribution. The Grassley bill will end the according to the above cited article in the deductible policy. current tax-code discrimination against Journal of American Health Policy, ‘‘forty- Note: The bill Senator Grassley will intro- MSAs by ending the taxation on MSA depos- one percent of persons losing private health duce in the Senate will include these its. Interest build-up in MSAs, however, insurance have an uninsured spell that ends changes. The above changes to the Archer- would be taxed as ordinary income. within one to three months, and 71 percent Jacobs bill will likely be made to the Ar- How MSAs Work: MSAs are flexible, and have a spell that ends within four months.’’ cher-Jacobs bill in mark-up since Senator could work like this: an employer would cre- MSAs are a perfect tool to help bridge this Grassley’s office worked closely with the ate the option for employees to choose an gap. House Ways and Means Committee staff and MSA by purchasing a high-deductible policy. MSAs Allow Total Freedom of Choice of the Joint Committee on Taxation in making The employer would then deposit funds in Doctor: MSAs allow patients to shop around, these changes.∑ the MSA. The amount of the deposit in the choose their own doctors, and tailor their MSA under Grassley is limited to the lesser health care expenditures to suit their own By Mr. WELLSTONE (for him- amount of either the deductible amount of needs. the insurance policy, or to $2,500 for an indi- MSAs Encourage Savings for Retirement self, Mr. PRESSLER, Mr. HARKIN, vidual, or $5,000 for a family. Below is a Care Costs: According to the U.S. Census Bu- Mr. KERREY, Mr. CONRAD, and chart which explains the changes the Grass- reau, the number of Americans most likely Mr. DORGAN): ley bill makes in current law. to need long term care (85 years and older) S. 1248. A bill to amend the Internal will double in the next 25 years, and the Revenue Code of 1986 to allow the alco- Insured premium MSA contribution High-deductible number of Americans over 90 will triple. Al- hol fuels credit to be allocated to pa- lowing individuals in their late thirties and Employees with Allows deposits of up to Retains current law: trons of a cooperative in certain cases; Employer-Pro- $5,000 for families and premium costs are early forties to have an MSA in which they to the Committee on Finance. vided Insurance. $2,500 for individuals and 100% excluded could build up two or three decades of sav- excludes deposits from from taxes. ings, would give these individuals the funds ALCOHOL FUELS CREDIT LEGISLATION taxes. Self-Employed ...... Allows deposits of up to Retains current law: to pay for drug therapies, nursing home care, ∑ Mr. WELLSTONE. Mr. President, on $5,000 for families and 30% deduction for and in-home care. behalf of myself and Senators PRES- $2,500 for individuals. self-employed for MSAs Will Stimulate Administrative Sav- 100% tax deductible for premium costs. SLER, HARKIN, KERREY, CONRAD, and qualified medical ex- ings: When paying for routine health care DORGAN, I am introducing a bill to cor- penses. costs, the MSA patient has no forms to fill rect a discrepancy in the Tax Code Individuals ...... Allows deposits of up to Retains current law: out or claim forms to file. The patient would $5,000 for families and allows deduction for which acts to discriminate against a $2,500 for individuals. medical expendi- simply write a check to the provider from 100% tax deductible for tures if they exceed his MSA, or the doctor would bill the em- type of enterprise that Federal policy qualified medical ex- 7.5% of gross in- ployer or insurance company, depending on should actually be encouraging: small, penses. come. how the MSA patient’s plan is administered. cooperatively owned ethanol plants. S 13662 CONGRESSIONAL RECORD — SENATE September 15, 1995 The bill would allow these plants to used in the growing, harvesting, and adding at the end the following new para- utilize the existing small ethanol pro- distilling of the corn that is the feed graph: ducers credit by passing the credit stock for most American ethanol ‘‘(6) ALLOCATION OF SMALL ETHANOL PRO- through to their owner/members. plants—plants which convert that corn DUCER CREDIT TO PATRONS OF COOPERATIVE.— ‘‘(A) IN GENERAL.—In the case of a coopera- I am confident that it was never the to a premium liquid fuel. USDA’s study tive organization described in section 1381(a), intention of Congress to preclude co- found that each gallon of domestically any portion of the credit determined under operatives from making full use of this produced ethanol displaces 7 gallons of subsection (a)(3) for the taxable year may, at credit. Rather, the current obstacle imported oil. That is a remarkably the election of the organization made on a facing co-ops is a result of legislative positive statistic. timely filed return (including extensions) for oversight at the time the original One criticism of Federal support for such year, be apportioned pro rata among pa- small producers credit was passed. ethanol is that the industry has in its trons on the basis of the quantity or value of Farmer-owned cooperatives simply recent history been dominated by a business done with or for such patrons for the taxable year. Such an election, once were not a prominent part of the etha- single large corporation. The small made, shall be irrevocable for such taxable nol industry landscape in 1990, whereas producer credit and the extension of year. today they certainly are. that credit to cooperatively owned ‘‘(B) TREATMENT OF ORGANIZATIONS AND PA- Indeed, I am extremely pleased that plants acts directly to address that TRONS.—The amount of the credit appor- Minnesota leads the Nation in small, concern. In Minnesota, cooperatively tioned to patrons pursuant to subparagraph cooperatively owned ethanol plants. owned plants are the leading ethanol (A)— We have two already in operation, and producers. That trend can and should ‘‘(i) shall not be included in the amount de- four more under construction in our termined under subsection (a) for the taxable be further encouraged. year of the organization, and State. Still another Minnesota cooper- The existing small ethanol producer ‘‘(ii) shall be included in the amount deter- ative ethanol plant has been so suc- credit allows ethanol plants which mined under subsection (a) for the taxable cessful that it has expanded in our produce fewer than 30 million gallons year of each patron in which the patronage State beyond what the small producers annually to collect a 10-cent-per-gallon dividend for the taxable year referred to in credit considers a small plant, and its tax credit for the first 15 million gal- subparagraph (A) is includible in gross in- owner/members have even constructed lons of their production. Unfortu- come. an additional cooperative plant in Ne- nately, the Internal Revenue Service ‘‘(C) SPECIAL RULE FOR DECREASING CREDIT has judged that the way the provision FOR TAXABLE YEAR.—If the amount of the braska. credit of a cooperative organization deter- These plants produce a clean fuel of the Tax Code is currently written, mined under subsection (a)(3) for a taxable which is essential to the achievement cooperatives cannot pass the credit year is less than the amount of such credit of Clean Air Act objectives in Amer- through to their patrons. Thus, a co-op shown on the cooperative organization’s re- ican cities. They create jobs in rural which distributes all income to patrons turn for such year, an amount equal to the communities. By utilizing agricultural in the form of dividends cannot utilize excess of such reduction over the amount not commodity crops, they bolster the the nonrefundable credit because it apportioned to the patrons under subpara- price of those crops and thus reduce lacks taxable income to which the graph (A) for the taxable year shall be treat- the cost of Federal farm programs. And credit can be applied. Farmer-owners, ed as an increase in tax imposed by this chapter on the organization. Any such in- because they are owned by farmers, who are taxed on their share of the co- crease shall not be treated as tax imposed by small ethanol-producing cooperatives operative’s income, are denied the this chapter for purposes of determining the allow farmers to do what is becoming credit. The bill would correct this un- amount of any credit under this subpart or more and more necessary: Move up the intentional negative outcome by ex- subpart A, B, E, or G of this part.’’ food chain and capture the value-added plicitly authorizing the passthrough of (b) TECHNICAL AMENDMENT.—Section 1388 of dollars in processed agricultural prod- the credit to patrons of a cooperative. such Code (relating to definitions and special ucts. Those few cooperatively owned ethanol rules for cooperative organizations) is amended by adding at the end the following Not only farmers benefit from this plants which retain income at the co- retention of value-added processing new subsection: operative level, usually due to the busi- ‘‘(k) CROSS REFERENCE.— dollars; entire rural communities do. ness’ relationship to another coopera- ‘‘For provisions relating to the apportion- Farmer-owned cooperatives help make tive business, could continue to collect ment of the alcohol fuels credit between co- sure that precious renewable resources the credit at the cooperative level. operative organizations and their patrons, contribute to the local rural economy Mr. President, it is no time to stand see section 40(d)(6).’’ and are not merely removed for a low still regarding Federal policy which af- (c) EFFECTIVE DATE.—The amendments price and processed in other locations. fects the economic health of our rural made by this section shall apply to taxable Mr. President, Congress has recog- communities. This bill links positive years beginning after December 31, 1994.∑ nized the importance of promoting the effects for the rural economy to sound development of domestically produced, energy and environmental policy. It is By Mr. FRIST: renewable clean fuels. In addition to endorsed by the National Council for S. 1249. A bill to amend the Internal the economic and environmental bene- Farm Cooperatives, the American Revenue Code of 1986 to establish medi- fits I have mentioned, we in Congress Farm Bureau Federation, the National cal savings accounts, and for other pur- also consciously have decided for en- Corn Growers Association, the Na- poses; to the Committee on Finance. ergy-security reasons to promote do- tional Farmers Union, and the Amer- MEDICAL SAVINGS ACCOUNTS LEGISLATION mestic renewables. The relatively ican Corn Growers. It has been intro- ∑ Mr. FRIST. Mr. President, I intro- young ethanol industry has received duced with bipartisan cosponsorship in duce legislation aimed at controlling needed assistance. That assistance is the House of Representatives, and I skyrocketing health care costs in especially justified in view of the dec- hope we can pass it here in the Senate. America today. Specifically, this legis- ades of assistance and preference that I ask unanimous consent that the lation creates medical savings ac- the Federal Government has provided text of the bill be printed in the counts [MSA’s] which are designed to for the nonrenewable fossil fuels indus- RECORD. give individuals another choice in the try, much of whose product today is There being no objection, the bill was health care market. MSA’s also serve imported. ordered to be printed in the RECORD, as to change provider and consumer be- The assistance we have provided to follows: havior by decreasing the role of third the ethanol industry is paying off. It is S. 1248 party payors, while increasing individ- allowing the industry to grow, and it is Be it enacted by the Senate and House of Rep- ual awareness of health care costs. making the industry better. It has resentatives of the United States of America in Today, there is little, if any, incen- helped the ethanol industry become Congress assembled, tive for patients to be cost-conscious more economically efficient and more SECTION 1. ALLOCATION OF ALCOHOL FUELS consumers of health care. Imagine if CREDIT TO PATRONS OF A COOPER- energy efficient. A study released by ATIVE. you were required to pay only 20 cents the Department of Agriculture this (a) IN GENERAL.—Subsection (d) of section of every dollar you spend on food, summer concludes that ethanol yields 40 of the Internal Revenue Code of 1986 (re- clothing, consumer goods, and trans- nearly 25 percent more energy than is lating to alcohol used as fuel) is amended by portation. Essentially, imagine that an September 15, 1995 CONGRESSIONAL RECORD — SENATE S 13663 80 percent off sign was posted above Washington—will change provider be- have proposed that medical savings ac- every product you buy. If this were the havior as well. Throughout much of my counts be linked only to high-deduct- case, you’d probably eat more, buy practice as a heart and lung transplant ible, catastrophic health policies. I, more, and own more, probably much surgeon, I would perform a transplant, however, believe that my proposal will more than you need. This may sound submit the bill, and it was paid—no increase the choices available to indi- too good to be true—but it’s exactly questions asked. However, one day an vidual consumers. This will not only what is happening in our health care individual—who was actually paying increase choices available to individ- system today. for his transplant from his own pock- uals, but will reduce the potential On average, every time a patient in et—came into my office with a list of problem of adverse selection and will America receives a dollar’s worth of five or six transplant centers, morbid- promote a level playing field in the medical services, 79 cents is paid for by ity data, infection rates, and prices. He health care system. someone else—usually the Government asked me why I charged what I Mr. President, in closing, we in or an insurance company. The result is charged, why my success was different America are fortunate to have the ab- that we grossly overconsume medical than others on his list, and how our solute highest quality health care in services. Everyone wants the best— program at Vanderbilt differed from its the world. When the leaders of the whether it is a deluxe hospital room, competitors. That one individual world become seriously ill, they do not the latest in nuclear medical imaging, caused me to totally reassess how our go to Great Britain or Canada to seek or an MRI scan for a headache—and the multiorgan transplant center operated. treatment, they come to the United result is that health care costs are For the next 2 weeks, each of the trans- States. And while there are those who going through the roof. plant teams at our facility worked to- would like to stifle our technological Medical savings accounts are a solu- gether to determine where we could advances and allow bureaucrats to tell tion. MSA’s would give individuals improve the quality of care and become us how much and what kind of health more choice in the health care market. more efficient and ultimately lower care we can receive, the American peo- MSA’s would stem rising health care our prices in a competitive market. ple have loudly and clearly rejected costs without decreasing the availabil- Because someone else usually pays this notion. ity and quality of patient care by em- the bills, many patients forget that No one can predict what will happen powering individuals to purchase medi- they are consumers. They don’t ask in medicine in the first 50 years of the cal services directly. These personal providers to be accountable. If one in- 21st century. Fifty years ago, when my accounts would encourage patients to dividual empowered because he was re- father was a young doctor in Tennessee make prudent, cost-conscious decisions sponsible for his own health care dol- making house calls, he could not have about their health care needs, and lars could transform my entire trans- envisioned what medical practice would force hospitals and physicians to plant center by asking questions, imag- today would be like. The technological compete for patients on the basis of the ine what could happen if we empowered advances are simply mind-boggling. cost and quality of care. hundreds of thousands of individuals Mr. President, the challenge for us is What are Medical savings accounts? across the county similarly. to maintain the highest quality health Medical savings accounts are tax-free, Finally, let me describe how my leg- care in the world and to continue to personal accounts which can be used by islation differs from previously intro- make it available to all Americans. an individual to pay medical bills. duced MSA bills. Previous bills have But this can only be done if we first Take, for example, the employee of a defined only a catastrophic plan by the change the basic framework through company: today an employer might dollar amount of the deductible. These which medical services are consumed, pay three or four thousand dollars for a bills, by their very nature, would ex- and build on a market-based system. I medical insurance policy with a $500 clude other types of plan designs which believe my legislation which creates deductible. The employee has no incen- focus on significant cost sharing. If our the use of medical savings accounts tive to be cost-conscious. In contrast, goal is to allow individuals greater will be a major step in that direction. with my legislation, if medical savings control of their health care dollars, it I would welcome any suggestions my accounts were available, the employer makes sense to allow individuals a colleagues or others may have for im- would deposit an amount up to $2,500 choice of MSA plan options to best proving this legislation and hope we do tax free in the savings account, which meet their unique needs. The real value not forgo the opportunity to establish would belong to the employee. The em- of our U.S. health care market lies in MSA’s this year. ployee would buy an inexpensive, cata- its responsiveness and opportunity for Mr. President, I ask unanimous con- strophic-type policy which would cover innovation. My legislation is designed sent that the text of the bill be printed all medical expenses above $2,500 per to encourage this innovation. My legis- in the RECORD. year. For medical expenses up to the lation defines a catastrophic health There being no objection, the bill was $2,500 annual out-of-pocket cost, the plan as any health plan which has an ordered to be printed in the RECORD, as employee would use money from the annual ‘‘out-of-pocket expense require- follows: savings account. Any savings account ment’’ which is not less than $2,500. S. 1249 money not spent on health care ex- With this definition, in addition to tra- Be it enacted by the Senate and House of Rep- penses that year would grow in the em- ditional indemnity insurers, a broad resentatives of the United States of America in ployee’s account and would accumulate range of coordinated care plans will Congress assembled, year to year. The money could be used also be able to offer an MSA plan. In SECTION 1. DEDUCTION FOR CONTRIBUTIONS TO to pay for health care expenses, insur- turn, competitive market forces will MEDICAL SAVINGS ACCOUNTS. ance premiums during periods of unem- spur innovation to meet the needs of (a) IN GENERAL.—Part VII of subchapter B ployment, and long-term care expenses. the market, and individuals will bene- of chapter 1 (relating to additional itemized Furthermore, as owner of the ac- fit from a variety of MSA plan options deductions for individuals) is amended by re- designating section 220 as section 221 and by count, the individual has a strong in- to choose from. For example, one indi- inserting after section 219 the following new centive to become a cost-conscious vidual may choose a high deductible section: consumer of medical care. He will de- plan for which MSA dollars would fund ‘‘SEC. 220. CONTRIBUTIONS TO MEDICAL SAVINGS mand quality care at competitive 100 percent of the first $2,500 of care. ACCOUNTS. prices. The system will respond with However, another individual may ‘‘(a) DEDUCTION ALLOWED.—In the case of better outcome measures and lower choose a different plan requiring 50 per- an eligible individual, there shall be allowed unit prices for health care. We will po- cent cost sharing for the first $5,000 of as a deduction the amounts paid in cash dur- tentially save billions of dollars in care. Both plans will encourage cost- ing the taxable year by the individual to a health care costs because individual conscious behavior. medical savings account for the benefit of— Mr. President, I ask that the intro- ‘‘(1) the eligible individual, or patients will modify their health care ‘‘(2) any spouse or dependent (as defined in habits to consume health care services duction of my medical savings account section 152) of the eligible individual who is prudently. proposal today be viewed as a fresh enrolled in the same health plan as the eligi- Medical savings accounts—and this is start. As I have explained, some of my ble individual but only if the spouse or de- usually overlooked by policy makers in colleagues in the Senate and House pendent is also an eligible individual. S 13664 CONGRESSIONAL RECORD — SENATE September 15, 1995

‘‘(b) LIMITATIONS.— tion 401(c)) shall not be treated as his own ‘‘(4) TIME WHEN CONTRIBUTIONS DEEMED ‘‘(1) ONLY 1 ACCOUNT PER FAMILY.—No de- employer. MADE.—A contribution shall be deemed to be duction shall be allowed under subsection (a) ‘‘(2) CATASTROPHIC HEALTH PLAN.—For pur- made on the last day of the preceding tax- for amounts paid to any medical savings ac- poses of this section— able year if the contribution is made on ac- count for the benefit of an eligible individ- ‘‘(A) IN GENERAL.—The term ‘catastrophic count of such taxable year and is made not ual, such individual’s spouse, or any depend- health plan’ means a health plan which— later than the time prescribed by law for fil- ent (as so defined) of such individual if such ‘‘(i) has an annual out-of-pocket expense ing the return for such taxable year (not in- individual, spouse, or dependent is a bene- requirement per covered individual which is cluding extensions thereof).’’ ficiary of any other medical savings account. not less than $2,500, and (b) DEDUCTION ALLOWED AGAINST GROSS IN- ‘‘(2) DOLLAR LIMITATION.— ‘‘(ii) has an aggregate annual limit on out- COME.—Subsection (a) of section 62 (defining ‘‘(A) IN GENERAL.—The amount allowable of-pocket expenses for all covered individ- adjusted gross income) is amended by insert- as a deduction under subsection (a) with re- uals which is not less than $5,000. ing after paragraph (15) the following new spect to contributions to a medical savings ‘‘(B) MINIMUM PERIOD OF PLAN.—A health paragraph: account for the taxable year shall not exceed plan shall not be treated as a catastrophic ‘‘(16) MEDICAL SAVINGS ACCOUNTS.—The de- the lesser of— health plan unless— duction allowed by section 220.’’ ‘‘(i) $2,500 ($5,000 in the case of a medical ‘‘(i) the initial period of coverage under the (c) CLERICAL AMENDMENT.—The table of savings account established on behalf of plan is 24 months, and sections for part VII of subchapter B of chap- more than 1 individual), or ‘‘(ii) coverage under the plan may not be ter 1 is amended by striking the last item ‘‘(ii) the catastrophic health plan differen- terminated after such initial period without and inserting the following new items: tial. advance notice of at least 1 year unless the ‘‘Sec. 220. Contributions to medical savings ‘‘(B) CATASTROPHIC HEALTH PLAN DIFFEREN- individual is enrolling in another cata- accounts. TIAL.—For purposes of subparagraph (A)(ii)— strophic health plan. ‘‘Sec. 221. Cross reference.’’ ‘‘(i) IN GENERAL.—The catastrophic health Clauses (i) and (ii) shall not preclude any ter- (d) EFFECTIVE DATE.—The amendments plan differential for any taxable year is mination for cause. made by this section shall apply to taxable equal to the sum of the amounts determined ‘‘(C) HEALTH PLAN.—The term ‘health plan’ years beginning after December 31, 1995. under clause (ii) for each month during the means any plan or arrangement which pro- taxable year for which the taxpayer was an SEC. 2. EXCLUSION FROM INCOME OF EMPLOYER vides, or pays the cost of, health benefits. CONTRIBUTIONS TO MEDICAL SAV- eligible individual. Such term does not include the following, or INGS ACCOUNTS. ‘‘(ii) MONTHLY DIFFERENTIAL.—The amount any combination thereof: (a) IN GENERAL.—Section 106 (relating to determined under this clause for any month ‘‘(i) Coverage only for accidental death, contributions by employers to accident and is the excess (if any) of— dismemberment, dental, or vision. health plans) is amended by adding at the ‘‘(I) the monthly premium determined ‘‘(ii) Coverage providing wages or pay- end the following new subsection: under clause (iii) for the same class of enroll- ments in lieu of wages for any period during ‘‘(b) CONTRIBUTIONS TO MEDICAL SAVINGS ment as the catastrophic health plan in which the employee is absent from work on ACCOUNTS.— which the eligible individual is enrolled in, account of sickness or injury. ‘‘(1) TREATMENT OF CONTRIBUTIONS.— over ‘‘(iii) A medicare supplemental policy (as ‘‘(A) IN GENERAL.—Gross income of an em- ‘‘(II) the aggregate amount paid for cov- defined in section 1882(g)(1)) or additional ployee who is covered by a catastrophic erage for such month under the catastrophic health care services under a risk contract health plan of an employer shall not include health plan. under section 1876 for which an individual is any employer contribution to a medical sav- ‘‘(iii) MONTHLY PREMIUM.—Not later than charged premiums in addition to premiums ings account on behalf of the employee or December 31 of each calendar year, the Sec- under part B of title XVIII. the employee’s spouse or dependents (as de- retary shall determine and publish the ‘‘(iv) Coverage issued as a supplement to li- fined in section 152). monthly premium (for each class of enroll- ability insurance. ‘‘(B) NO CONSTRUCTIVE RECEIPT.—No ment) for coverage under the health benefits ‘‘(v) Workers’ compensation or similar in- amount shall be included in the gross income plan offered under chapter 89 of title 5, Unit- surance. of any employee solely because the employee ed States Code, with the highest enrollment, ‘‘(vi) Automobile medical-payment insur- may choose between the contributions de- adjusted for a national population under 65 ance. scribed in subparagraph (A) and employer years of age (as determined by the Sec- ‘‘(vii) A long-term care insurance policy, contributions to a health plan of the em- retary) for the following calendar year. The including a nursing home fixed indemnity ployer. premium shall be determined on the basis of policy (unless the Secretary determines that ‘‘(2) LIMITATIONS.— the annual open enrollment period with re- such a policy provides sufficiently com- ‘‘(A) ONLY 1 ACCOUNT PER FAMILY.—No ex- spect to such following calendar year. prehensive coverage of a benefit so that it clusion shall be allowed under paragraph (1) ‘‘(C) COST-OF-LIVING ADJUSTMENT.—In the should be treated as a health plan). for amounts paid to any medical savings ac- case of a taxable year beginning in a cal- ‘‘(viii) An equivalent health care program. count on behalf of an employee or the em- endar year after 1996, each dollar amount in ‘‘(ix) Any plan or arrangement not de- ployee’s spouse or dependents (as so defined) subparagraph (A)(i) shall be increased by an scribed in any preceding subparagraph which if employee, spouse, or dependent is a bene- amount equal to such dollar amount multi- provides for benefit payments, on a periodic ficiary of any other medical savings account. plied by the cost-of-living adjustment under basis, for a specified disease or illness or pe- ‘‘(B) DOLLAR LIMITATION.—The amount section 1(f)(3) for the calendar year in which riod of hospitalization without regard to the which may be excluded under paragraph (1) the taxable year begins, determined by sub- costs incurred or services rendered during for any taxable year shall not exceed the stituting ‘1995’ for ‘1992’ in subparagraph (B) the period to which the payments relate. lesser of— thereof. ‘‘(x) Such other plan or arrangement as the ‘‘(i) $2,500 ($5,000 in the case of a medical ‘‘(3) PHASE-IN OF DEDUCTION.—In the case of Secretary determines is not a health plan. savings account established on behalf of taxable years beginning after December 31, ‘‘(D) EQUIVALENT HEALTH CARE PROGRAM.— more than 1 individual), or 1995, and before January 1, 2000, only the fol- The term ‘equivalent health care program’ ‘‘(ii) the sum of the catastrophic health lowing percentages of the deduction allow- means— plan differentials for each month during the able under this section (without regard to ‘‘(i) part A or part B of the medicare pro- taxable year. this paragraph) shall be allowed: gram under title XVIII of the Social Secu- ‘‘(3) CATASTROPHIC HEALTH PLAN DIFFEREN- ‘‘If the taxable year The applicable rity Act, TIAL.—For purposes of subparagraph (B)(ii), begins in: percentage is: ‘‘(ii) the medicaid program under title XIX the catastrophic health plan differential 1996 or 1997 ...... 50 percent of the Social Security Act, with respect to any employee for any month 1998 or 1999 ...... 75 percent ‘‘(iii) the health care program for active is the amount by which the cost for the ‘‘(c) DEFINITIONS AND SPECIAL RULES.—For military personnel under title 10, United month of the catastrophic health plan in purposes of this section— States Code, which the employee is enrolled is less than— ‘‘(1) ELIGIBLE INDIVIDUAL.—The term ‘eligi- ‘‘(iv) the veterans health care program ‘‘(A) the cost of the health plan (for the ble individual’ means, with respect to any under chapter 17 of title 38, United States same class of enrollment) which— month, any individual who is not eligible Code, ‘‘(i) the employee is eligible to enroll in during such month— ‘‘(v) the Civilian Health and Medical Pro- through the employer, and ‘‘(A) to participate in an employer-sub- gram of the Uniformed Services ‘‘(ii) has the highest cost of all health sidized health plan maintained by an em- (CHAMPUS), as defined in section 1073(4) of plans in which the employee may enroll in ployer of the individual, the individual’s title 10, United States Code, and through the employer, or spouse, or any dependent (as defined in sec- ‘‘(vi) the Indian health service program ‘‘(B) if the employee is not eligible to en- tion 152) of either, or under the Indian Health Care Improvement roll in any such health plan through the em- ‘‘(B) to receive any employer contribution Act (25 U.S.C. 1601 et seq.). ployer or the employer does not offer any to a medical savings account. ‘‘(3) MEDICAL SAVINGS ACCOUNT.—The term such health plan, the monthly premium for For purposes of subparagraph (B), a self-em- ‘medical savings account’ has the meaning the month determined under section ployed individual (within the meaning of sec- given such term by section 7705. 220(b)(2)(B)(iii). September 15, 1995 CONGRESSIONAL RECORD — SENATE S 13665

‘‘(4) COST-OF-LIVING ADJUSTMENT.—In the ‘‘SEC. 7705. MEDICAL SAVINGS ACCOUNTS. ‘‘(1) AMOUNTS USED FOR QUALIFIED MEDICAL case of a taxable year beginning in a cal- ‘‘(a) GENERAL RULE.—The term ‘medical EXPENSES.—Any amount paid or distributed endar year after 1996, each dollar amount in savings account’ means a trust created or or- out of a medical savings account which is paragraph (2)(B)(i) shall be increased by an ganized in the United States for the exclu- used exclusively to pay qualified medical ex- amount equal to such dollar amount multi- sive benefit of the beneficiaries of the trust, penses of any account beneficiary (or spouse plied by the cost-of-living adjustment under but only if the written governing instrument or dependent (as defined in section 152)) of section 1(f)(3) for the calendar year in which creating the trust meets the following re- the account shall not be includible in gross the taxable year begins, determined by sub- quirements: income. stituting ‘1995’ for ‘1992’ in subparagraph (B) ‘‘(1) Except in the case of a rollover con- ‘‘(2) INCLUSION OF AMOUNTS NOT USED FOR thereof. tribution described in subsection (c)(5), no QUALIFIED MEDICAL EXPENSES.— ‘‘(5) DEFINITIONS.—For purposes of this sub- contribution will be accepted unless— ‘‘(A) IN GENERAL.—Any amount paid or dis- section— ‘‘(A) it is in cash, and tributed out of a medical savings account ‘‘(A) CATASTROPHIC HEALTH PLAN.—The ‘‘(B) it is made for a period during which which is not used exclusively to pay the term ‘catastrophic health plan’ has the the individual on whose behalf it is made is qualified medical expenses of the account meaning given such term by section 220(c)(2). covered under a catastrophic health plan. beneficiary (or spouse or dependent (as so de- ‘‘(B) MEDICAL SAVINGS ACCOUNT.—The term ‘‘(2) Contributions will not be accepted for fined)) shall be included in the gross income ‘medical savings account’ has the meaning any taxable year in excess of the amount al- of such beneficiary to the extent such given such term by section 7705.’’ lowable as a deduction under section 220(b)(2) amount does not exceed the excess of— ‘‘(i) the aggregate contributions to such (b) EMPLOYER PAYMENTS EXCLUDED FROM for such taxable year. account which were not includible in gross EMPLOYMENT BASE.— ‘‘(3) The trustee is a bank (as defined in income by reason of section 106(b) or which (1) SOCIAL SECURITY.— section 408(n)), insurance company (as de- (A) Subsection (a) of section 3121 is amend- fined in section 816), or another person who were deductible under section 220, over ‘‘(ii) the aggregate prior payments or dis- ed by striking ‘‘or’’ at the end of paragraph demonstrates to the satisfaction of the Sec- tributions from such account which were in- (20), by striking the period at the end of retary that the manner in which such person cludible in gross income under this para- paragraph (21) and inserting ‘‘; or’’, and by will administer the trust will be consistent graph. inserting after paragraph (21) the following with the requirements of this section. ‘‘(B) SPECIAL RULES.—For purposes of sub- new paragraph: ‘‘(4) The assets of the trust will not be paragraph (A)— ‘‘(22) any payment made to or for the bene- commingled with other property except in a ‘‘(i) all payments and distributions during fit of an employee if at the time of such pay- common trust fund or common investment any taxable year shall be treated as 1 dis- ment it is reasonable to believe that the em- fund. tribution, and ‘‘(5) No part of the trust assets will be in- ployee will be able to exclude such payment ‘‘(ii) any distribution of property shall be vested in life insurance contracts. from income under section 106(b).’’ taken into account at its fair market value ‘‘(6) The interest of an individual in the (B) Subsection (a) of section 209 of the So- on the date of the distribution. cial Security Act is amended by striking balance in the individual’s account is non- ‘‘(3) EXCESS CONTRIBUTIONS RETURNED BE- ‘‘or’’ at the end of paragraph (18), by striking forfeitable. FORE DUE DATE OF RETURN.—Paragraph (2) the period at the end of paragraph (19) and ‘‘(b) TREATMENT OF ACCOUNTS.— shall not apply to the distribution of any inserting ‘‘; or’’, and by inserting after para- ‘‘(1) ACCOUNT TREATED AS GRANTOR contribution paid during a taxable year to a graph (19) the following new paragraph: TRUST.— medical savings account to the extent that ‘‘(20) any payment made to or for the bene- ‘‘(A) IN GENERAL.—Except as provided in such contribution exceeds the amount under fit of an employee if at the time of such pay- subparagraph (B), the account beneficiary of subsection (a)(2) if— ment it is reasonable to believe that the em- a medical savings account shall be treated ‘‘(A) such distribution is received by the ployee will be able to exclude such payment for purposes of this title as the owner of such individual on or before the last day pre- from income under section 106(b) of the In- account and shall be subject to tax thereon scribed by law (including extensions of time) ternal Revenue Code of 1986.’’ in accordance with subpart E of part I of sub- for filing such individual’s return for such (2) RAILROAD RETIREMENT.—Subsection (e) chapter J of this chapter (relating to taxable year, and of section 3231 is amended by adding at the grantors and others treated as substantial ‘‘(B) such distribution is accompanied by end the following new paragraph: owners). the amount of net income attributable to ‘‘(10) MEDICAL SAVINGS ACCOUNT CONTRIBU- ‘‘(B) TREATMENT OF CAPITAL LOSSES.—With such excess contribution. TIONS.—The term ‘compensation’ shall not respect to assets held in a medical savings Any net income described in subparagraph include any payment made to or for the ben- account, any capital loss for a taxable year (B) shall be included in the gross income of efit of an employee if at the time of such from the sale or exchange of such an asset the individual for the taxable year in which payment it is reasonable to believe that the shall be allowed only to the extent of capital it is received. employee will be able to exclude such pay- gains from such assets for such taxable year. ‘‘(4) PENALTY FOR DISTRIBUTIONS NOT USED ment from income under section 106(b).’’ Any capital loss which is disallowed under FOR QUALIFIED MEDICAL EXPENSES.— (3) UNEMPLOYMENT.—Subsection (b) of sec- the preceding sentence shall be treated as a ‘‘(A) IN GENERAL.—The tax imposed by tion 3306 is amended by striking ‘‘or’’ at the capital loss from the sale or exchange of chapter 1 on the account beneficiary for any end of paragraph (15), by striking the period such an asset in the next taxable year. taxable year in which there is a payment or at the end of paragraph (16) and inserting ‘‘; ‘‘(2) ACCOUNT TERMINATES IF INDIVIDUAL EN- distribution from a medical savings account or’’, and by inserting after paragraph (16) the GAGES IN PROHIBITED TRANSACTION.— of such beneficiary which is includible in following new paragraph: ‘‘(A) IN GENERAL.—If, during any taxable gross income under paragraph (2) shall be in- ‘‘(17) any payment made to or for the bene- year of the account beneficiary, such bene- creased by 10 percent of the amount which is fit of an employee if at the time of such pay- ficiary engages in any transaction prohibited so includible. ment it is reasonable to believe that the em- by section 4975 with respect to the account, ‘‘(B) EXCEPTION FOR DISABILITY OR DEATH.— ployee will be able to exclude such payment the account shall cease to be a medical sav- Subparagraph (A) shall not apply if the pay- from income under section 106(b).’’ ings account as of the first day of such tax- ment or distribution is made after the ac- (4) WITHHOLDING.—Subsection (a) of section able year. count beneficiary becomes disabled within 3401 is amended by striking ‘‘or’’ at the end ‘‘(B) ACCOUNT TREATED AS DISTRIBUTING ALL the meaning of section 72(m)(7) or dies. of paragraph (19), by striking the period at ITS ASSETS.—In any case in which any ac- ‘‘(5) ROLLOVER CONTRIBUTION.—If any the end of paragraph (20) and inserting ‘‘; count ceases to be a medical savings account amount paid or distributed from a medical or’’, and by inserting after paragraph (20) the by reason of subparagraph (A) on the first savings account to the account beneficiary following new paragraph: day of any taxable year, subsection (c) shall (or spouse or dependent (as defined in section ‘‘(21) any payment made to or for the bene- be applied as if— 152)) is paid into a medical savings account fit of an employee if at the time of such pay- ‘‘(i) there were a distribution on such first for the benefit of such beneficiary (or spouse ment it is reasonable to believe that the em- day in an amount equal to the fair market or dependent) not later than the 60th day ployee will be able to exclude such payment value (on such first day) of all assets in the after the day on which the beneficiary (or from income under section 106(b).’’ account (on such first day), and spouse or dependent) receives the payment (c) CONFORMING AMENDMENT.—Section 106 ‘‘(ii) no portion of such distribution were or distribution— is amended by striking ‘‘Gross’’ and insert- used to pay qualified medical expenses. ‘‘(A) paragraph (2) shall not apply to such ing: ‘‘(3) EFFECT OF PLEDGING ACCOUNT AS SECU- amount, and ‘‘(a) GENERAL RULE.—Gross’’. RITY.—If, during any taxable year, the ac- ‘‘(B) such amount shall be treated as a roll- count beneficiary uses the account or any over contribution described in this para- (d) EFFECTIVE DATE.—The amendments portion thereof as security for a loan for pur- made by this section shall apply to taxable graph. poses other than to pay qualified medical ex- years beginning after December 31, 1995. ‘‘(6) COORDINATION WITH MEDICAL EXPENSE penses, the portion so used is treated as dis- DEDUCTION.—For purposes of section 213, any SEC. 3. MEDICAL SAVINGS ACCOUNTS. tributed and not used to pay qualified medi- payment or distribution out of a medical (a) IN GENERAL.—Chapter 79 is amended by cal expenses. savings account for qualified medical ex- adding at the end the following new section: ‘‘(c) TREATMENT OF DISTRIBUTIONS.— penses shall not be treated as an expense S 13666 CONGRESSIONAL RECORD — SENATE September 15, 1995

paid for medical care to the extent of the similar facility shall not be treated as a (2) DEFINITIONS.—For purposes of this sub- amount of such payment or distribution home. section— which is attributable to amounts described ‘‘(iii) ACTIVITIES OF DAILY LIVING.—Each of (A) the term ‘‘carrier’’ means any entity li- in paragraph (2)(A). the following is an activity of daily living: censed or authorized under Federal or State ‘‘(7) TRANSFER OF ACCOUNT INCIDENT TO DI- ‘‘(I) Eating. law to offer a health plan, VORCE.—The transfer of an individual’s inter- ‘‘(II) Transferring. (B) the term ‘‘catastrophic health plan’’ est in a medical savings account to an indi- ‘‘(III) Toileting. means a health plan— vidual’s spouse or former spouse under a di- ‘‘(IV) Dressing. (i) which is described in section 220(c)(2) of vorce or separation instrument described in ‘‘(V) Bathing. the Internal Revenue Code of 1986, or subparagraph (A) of section 71(b)(2) shall not ‘‘(D) LICENSED HEALTH CARE PRACTI- (ii) a similar health plan which provides be considered a taxable transfer made by TIONER.—For purposes of subparagraph (C)— significant cost sharing, and such individual notwithstanding any other ‘‘(i) IN GENERAL.—The term ‘licensed (C) the term ‘‘health plan’’ has the mean- provision of this subtitle, and such interest health care practitioner’ means— ing given such term by section 220(c)(2)(C) of at the time of the transfer shall be treated as ‘‘(I) a physician or registered professional such Code. nurse, a medical savings account of such spouse, (c) TREATMENT OF EXCESS CONTRIBUTIONS.— and not of such individual. Any such account ‘‘(II) a qualified community care case man- Section 4973 (relating to tax on excess con- or annuity shall, for purposes of this sub- ager (as defined in clause (ii)), or tributions to individual retirement accounts, title, be treated as maintained for the bene- ‘‘(III) any other individual who meets such certain section 403(b) contracts, and certain requirements as may be prescribed by the fit of the spouse to whom the interest was individual retirement annuities) is amend- Secretary after consultation with the Sec- transferred. ed— retary of Health and Human Services. ‘‘(d) DEFINITIONS.—For purposes of this sec- (1) by inserting ‘‘MEDICAL SAVINGS AC- ‘‘(ii) QUALIFIED COMMUNITY CARE CASE MAN- tion— COUNTS,’’ after ‘‘ACCOUNTS,’’ in the head- AGER.—The term ‘qualified community care ‘‘(1) QUALIFIED MEDICAL EXPENSES.— ing of such section, case manager’ means an individual or entity ‘‘(A) IN GENERAL.—The term ‘qualified (2) by striking ‘‘or’’ at the end of paragraph which— medical expenses’ means any expense for— (1) of subsection (a), ‘‘(I) has experience or has been trained in ‘‘(i) medical care (as defined in section (3) by redesignating paragraph (2) of sub- providing case management services and in 213(d)), or section (a) as paragraph (3) and by inserting ‘‘(ii) qualified long-term care services. preparing individual care plans; ‘‘(II) has experience in assessing individ- after paragraph (1) the following: ‘‘(B) EXCEPTION FOR INSURANCE.— uals to determine their functional and cog- ‘‘(2) a medical savings account (within the ‘‘(i) IN GENERAL.—Such term shall not in- nitive impairment; meaning of section 7705(a)), or’’, and clude any expense for insurance. ‘‘(III) is not a relative of the individual re- (4) by adding at the end the following new ‘‘(ii) EXCEPTIONS.—Clause (i) shall not ceiving case management services; and subsection: apply to any expense for— ‘‘(IV) meets such requirements as may be ‘‘(d) EXCESS CONTRIBUTIONS TO MEDICAL ‘‘(I) coverage under a health plan during a prescribed by the Secretary after consulta- SAVINGS ACCOUNTS.—For purposes of this period of continuation coverage described in tion with the Secretary of Health and section, in the case of a medical savings ac- section 4980B(f)(2)(B), Human Services. count (within the meaning of section ‘‘(II) coverage under a medicare supple- ‘‘(E) RELATIVE.—For purposes of this para- 7705(a)), the term ‘excess contributions’ mental policy (as defined in section 1882(g)(1) graph, the term ‘relative’ means an individ- means the amount by which the amount con- of the Social Security Act), or ual bearing a relationship to another individ- tributed for the taxable year to the account ‘‘(III) payment of premiums under part A ual which is described in paragraphs (1) exceeds the amount which may be contrib- or B of title XVIII of the Social Security through (8) of section 152(a). uted to the account under section 7705(a)(2) Act, ‘‘(2) ACCOUNT BENEFICIARY.—The term ‘ac- for such taxable year. For purposes of this ‘‘(IV) coverage under a policy providing count beneficiary’ means the individual for subsection, any contribution which is dis- qualified long-term care services, or whose benefit the medical savings account is tributed out of the medical savings account ‘‘(V) coverage under a health plan during maintained. in a distribution to which section 7705(c)(3) any period during which an individual is un- ‘‘(e) CUSTODIAL ACCOUNTS.—For purposes of applies shall be treated as an amount not employed. this section, a custodial account shall be contributed.’’ ‘‘(C) QUALIFIED LONG-TERM CARE SERV- treated as a trust if— (d) TREATMENT OF PROHIBITED TRANS- ICES.—For purposes of this paragraph— ‘‘(1) the assets of such account are held by ACTIONS.—Section 4975 (relating to prohib- ‘‘(i) IN GENERAL.—The term ‘qualified long- a bank (as defined in section 408(n)), insur- ited transactions) is amended— term care services’ means necessary diag- ance company (as defined in section 816), or nostic, preventive, therapeutic, rehabilita- (1) by adding at the end of subsection (c) another person who demonstrates to the sat- the following new paragraph: tive, and maintenance (including personal isfaction of the Secretary that the manner in ‘‘(4) SPECIAL RULE FOR MEDICAL SAVINGS AC- care) services— which such person will administer the ac- COUNTS.—An individual for whose benefit a ‘‘(I) which are required by an individual count will be consistent with the require- during any period during which such individ- medical savings account (within the mean- ments of this section, and ing of section 7705(a)) is established shall be ual is a functionally impaired individual, ‘‘(2) the custodial account would, except exempt from the tax imposed by this section ‘‘(II) which have as their primary purpose for the fact that it is not a trust, constitute with respect to any transaction concerning the provision of needed assistance with 1 or a medical savings account described in sub- such account (which would otherwise be tax- more activities of daily living which a func- section (a). tionally impaired individual is certified as able under this section) if, with respect to For purposes of this title, in the case of a such transaction, the account ceases to be a being unable to perform under clause (ii)(I), custodial account treated as a trust by rea- and medical savings account by reason of the ap- son of the preceding sentence, the custodian plication of section 7705(b)(2)(A) to such ac- ‘‘(III) which are provided pursuant to a of such account shall be treated as the trust- continuing plan of care prescribed by a li- count.’’, and ee thereof. (2) by inserting ‘‘or a medical savings ac- censed health care practitioner (other than a ‘‘(f) REPORTS.—The trustee of a medical count described in section 7705(a)’’ in sub- relative of such individual). savings account shall make such reports re- section (e)(1) after ‘‘described in section ‘‘(ii) FUNCTIONALLY IMPAIRED INDIVIDUAL.— garding such account to the Secretary and to 408(a)’’. ‘‘(I) IN GENERAL.—The term ‘functionally the individual for whose benefit the account impaired individual’ means any individual is maintained with respect to contributions, (e) FAILURE TO PROVIDE REPORTS ON MEDI- who is certified by a licensed health care distributions, and such other matters as the CAL SAVINGS ACCOUNTS.—Section 6693 (relat- practitioner (other than a relative of such Secretary may require under regulations. ing to failure to provide reports on individ- individual) as being unable to perform, with- The reports required by this subsection shall ual retirement accounts or annuities) is out substantial assistance from another indi- be filed at such time and in such manner and amended— vidual (including assistance involving verbal furnished to such individuals at such time (1) by inserting ‘‘OR ON MEDICAL SAV- reminding, physical cueing, or substantial and in such manner as may be required by INGS ACCOUNTS’’ after ‘‘ANNUITIES’’ in supervision), at least 3 activities of daily liv- those regulations.’’ the heading of such section, and ing described in clause (iii). (b) PREEMPTION OF CERTAIN CONFLICTING (2) by adding at the end of subsection (a) ‘‘(II) SPECIAL RULE FOR HOME HEALTH CARE LAWS.— the following: ‘‘The person required by sec- SERVICES.—In the case of services which are (1) IN GENERAL.—Notwithstanding any tion 7705(f) to file a report regarding a medi- provided during any period during which an other provision of law, no Federal or State cal savings account at the time and in the individual is residing within the individual’s law shall prohibit a carrier from offering a manner required by such section shall pay a home (whether or not the services are pro- catastrophic health plan in conjunction with penalty of $50 for each failure unless it is vided within the home), subclause (I) shall be a medical savings account (as defined in sec- shown that such failure is due to reasonable applied by substituting ‘2’ for ‘3’. For pur- tion 7705 of the Internal Revenue Code of cause.’’ poses of this subclause, a nursing home or 1986). (f) CLERICAL AMENDMENTS.— September 15, 1995 CONGRESSIONAL RECORD — SENATE S 13667 (1) The table of sections for chapter 43 is AMENDMENT NO. 2486 AMENDMENTS SUBMITTED amended by striking the item relating to At the request of Mr. DOLE his name section 4973 and inserting the following: was added as a cosponsor of amend- ‘‘Sec. 4973. Treatment of excess contribu- ment No. 2486 proposed to H.R. 4, a bill THE WORK OPPORTUNITY ACT OF tions to individual retirement to restore the American family, reduce 1995 accounts, medical savings ac- illegitimacy, control welfare spending counts, certain 403(b) contracts, and reduce welfare dependence. and certain individual retire- DASCHLE (AND KENNEDY) AMENDMENT NO. 2526 ment annuities.’’ AMENDMENT NO. 2682 At the request of Mr. FRIST his name (2) The table of sections for subchapter B was added as a cosponsor of amend- Mr. DASCHLE (for himself and Mr. of chapter 68 is amended by inserting ‘‘or on ment No. 2526 proposed to H.R. 4, a bill KENNEDY) proposed an amendment to medical savings accounts’’ after ‘‘annuities’’ amendment No. 2280 proposed by Mr. in the item relating to section 6693. to restore the American family, reduce DOLE to the bill (H.R. 4) to restore the SEC. 4. SENSE OF THE SENATE REGARDING TAX illegitimacy, control welfare spending TREATMENT OF HEALTH INSUR- and reduce welfare dependence. American family, reduce illegitimacy, ANCE AND LONG-TERM CARE INSUR- AMENDMENT NO. 2550 control welfare spending, and reduce ANCE. welfare dependence; as follows: It is the sense of the Senate that— At the request of Mr. KOHL the name of the Senator from Vermont [Mr. On page 40, between lines 16 and 17, insert (1) there should be tax parity for all health the following new paragraph: LEAHY] was added as a cosponsor of insurance whether provided or purchased by ‘‘(4) NON-CASH ASSISTANCE FOR CHILDREN.— individuals, self-employed, or employers; and amendment No. 2550 proposed to H.R. 4, Nothing in paragraph (1) shall be construed (2) long-term care services and insurance a bill to restore the American family, as prohibiting a State from using funds pro- should be provided tax status similar to med- reduce illegitimacy, control welfare vided under section 403 to provide aid, in the ical care services and insurance.∑ spending and reduce welfare depend- form of in-kind assistance, vouchers usable f ence. for particular goods or services as specified by the State, or vendor payments to individ- AMENDMENT NO. 2568 ADDITIONAL COSPONSORS uals providing such goods or services, to the At the request of Mr. GRAHAM the minor children of a needy family.’’. S. 304 name of the Senator from Arkansas At the request of Mr. SANTORUM, the [Mr. PRYOR] was added as a cosponsor DOLE AMENDMENT NO. 2683 names of the Senator from Tennessee of amendment No. 2568 proposed to [Mr. FRIST], the Senator from Washing- H.R. 4, a bill to restore the American Mr. DOLE proposed an amendment to ton [Mrs. MURRAY], and the Senator family, reduce illegitimacy, control amendment No. 2280 proposed by him- from Alaska [Mr. STEVENS] were added welfare spending and reduce welfare de- self to the bill H.R. 4, supra; as follows: as cosponsors of S. 304, a bill to amend pendence. On page 17, strike lines 13 through 22 and insert the following: the Internal Revenue Code of 1986 to re- f peal the transportation fuels tax appli- ‘‘(A) IN GENERAL.—For purposes of para- cable to commercial aviation. SENATE RESOLUTION 172— graph (1)(A), a State family assistance grant for any State for a fiscal year is an amount S. 358 PROVIDING FOR SEVERANCE PAY equal to the sum of— At the request of Mr. HEFLIN, the Mr. DOLE submitted the following ‘‘(i) the total amount of the Federal pay- name of the Senator from South Da- resolution; which was considered and ments to the State under section 403 (other kota [Mr. PRESSLER] was added as a co- agreed to: than Federal payments to the State de- scribed in section subparagraphs (A), (B) and sponsor of S. 358, a bill to amend the S. RES. 172 Internal Revenue Code of 1986 to pro- (C) of section 419(a)(2)) for fiscal year 1994 (as Resolved, That (a) an individual who is an such section 403 was in effect during such fis- vide for an excise tax exemption for employee in the office of the Sergeant at cal year), plus certain emergency medical transpor- Arms and Doorkeeper of the Senate, who was ‘‘(ii) the total amount of the Federal pay- tation by air ambulance. an employee in that office for at least 183 ments to the State under subparagraphs (A), S. 715 days (whether or not service was continuous) (B) and (C) of section 419(a)(2), during fiscal year 1995, and whose service in At the request of Mr. D’AMATO, the as such payments were reported by the State that office is terminated on or after the date name of the Senator from Mississippi on February 14, 1995, reduced by the amount, this resolution is agreed to, but prior to Oc- if any, determined under subparagraph (B), [Mr. LOTT] was added as a cosponsor of tober 1, 1995, shall be entitled to one lump S. 715, a bill to provide for portability and for fiscal year 2000, reduced by the per- sum payment consisting of severance pay in cent specified under section 418(a)(3), and in- of health insurance, guaranteed renew- an amount equal to 2 months of the individ- creased by an amount, if any, determined ability, high risk pools, medical care ual’s basic pay at the rate in effect on Sep- under paragraph (2)(D). savings accounts, and for other pur- tember 1, 1995. On page 77, line 21, strike the end poses. (b) The Secretary of the Senate shall make quotation marks and the second period. payments under this resolution from funds One page 77, between lines 21 and 22, insert S. 960 appropriated for fiscal year 1995 from the ap- the following new section: At the request of Mr. SANTORUM, the propriation account ‘‘Salaries, Officers and ‘‘SEC. 419. AMOUNTS FOR CHILD CARE. name of the Senator from Alaska [Mr. Employees’’ for salaries of officers and em- ‘‘(a) CHILD CARE ALLOCATION— STEVENS] was added as a cosponsor of ployees in the office of the Sergeant at Arms ‘‘(1) IN GENERAL.—From the amount appro- S. 960, a bill to amend title 18, United and Doorkeeper of the Senate. priated under section 403(a)(4)(A) for a fiscal States Code, to exempt qualified cur- (c) A payment may be make under this res- year, the Secretary shall set aside an rent and former law enforcement offi- olution only upon certification to the Dis- amount equal to the total amount of the bursing Office by the Sergeant at Arms and cers from State laws prohibiting the Federal payments for fiscal year 1994 to Doorkeeper of the Senate of the individual’s States under section— carrying of concealed handguns, and eligibility for the payment. ‘‘(A) 402(g)(3)(A) of this Act (as such sec- for other purposes. (d) In the event of the death of an individ- tion was in effect before October 1, 1995) for S. 1134 ual who is entitled to payment under this amounts expended for child care pursuant to At the request of Mr. NICKLES, the resolution, any such payment that is unpaid paragraph (1) of such section; name of the Senator from Arizona [Mr. shall be paid to the widow or widower of the ‘‘(B) 403(l)(1)(A) of this Act (as so in effect) individual or, if there is no widow or widower for amounts expended for child care pursuant MCCAIN] was added as a cosponsor of S. of such decreased individual, to the heirs at to section 402(g)(1)(A) of this Act, in the case 1134, a bill to provide family tax relief. law or next of kin of such decreased individ- of a State with respect to which section 1108 S. 1137 ual. of this Act applies; and At the request of Mr. THOMAS, the (e) A payment under this resolution shall ‘‘(C) 403(n) of this Act (as so in effect) for names of the Senator from Colorado not be treated as compensation for purposes child care services pursuant to section 402(i) [Mr. CAMPBELL], and the Senator from of any provision of title 5, United States of this Act. Code, or of any other law relating to benefits ‘‘(2) DISTRIBUTION.—From amounts set- North Carolina [Mr. FAIRCLOTH] were accruing from employment by the United aside for a fiscal year under paragraph (1), added as cosponsors of S. 1137, a bill to States, and the period of entitlement to such the Secretary shall pay to a State an amend title 17, United States Code, pay shall not be treated as a period of em- amount equal to the total amounts of Fed- with respect to the licensing of music, ployment for purposes of any such provision eral payments for fiscal year 1994 to the and for other purposes. or law. State under section— S 13668 CONGRESSIONAL RECORD — SENATE September 15, 1995

‘‘(A) 402(g)(3)(A) of this Act (as such sec- not require a single parent with a child ‘‘(i) METHOD OF COMPUTATION.—The method tion was in effect before October 1, 1995) for under the age of 6 to participate in work for of computing and paying such amounts shall amounts expended for child care pursuant to more than an average of 20 hours per week be as follows: paragraph (1) of such section; during a month and may count such parent ‘‘(I) The Secretary of Health and Human ‘‘(B) 403(l)(1)(A) of this Act (as so in effect) as being engaged in work for a month for Services shall estimate the amount to be for amounts expended for child care pursuant purposes, of section 404(c)(1) if such parent paid to the State for each quarter under the to section 402(g)(1)(A) of this Act, in the case participates in work for an average of 20 provisions of subparagraph (A), such esti- of a State with respect to which section 1108 hours per week during such month. mate to be based on a report filed by the of this Act applies; and ‘‘(2) RULE OF CONSTRUCTION.—Nothing in State containing its estimate of the total ‘‘(C) 403(n) of this Act (as so in effect) for this section shall be construed to provide an sum to be expended in such quarter and such child care services pursuant to section 402(i) entitlement to child care services to any other information as the Secretary may find of this Act. child. necessary. ‘‘(3) USE OF FUNDS.—Amounts received by a On Page 17, line 22, insert before the period ‘‘(II) The Secretary of Health and Human State under paragraph (2) shall only be used the following: ‘‘, and increased by an amount Services shall then certify to the Secretary to provide child care assistance under this (if any) determined under subparagraph (D).’’ of the Treasury the amount so estimated by part. On Page 18, between lines 21 and 22, insert the Secretary of Health and Human Services. ‘‘(4) For purposes of paragraphs (1) and (2), the following: ‘‘(ii) METHOD OF PAYMENT.—The Secretary Federal payments for fiscal year 1994 means ‘‘(D) AMOUNT ATTRIBUTABLE TO STATE PLAN of the Treasury shall thereupon, through the such payments as reported by the State on AMENDMENTS.— Fiscal Service of the Department of the February 14, 1995. ‘‘(1) IN GENERAL.—For purposes of subpara- Treasury and prior to audit or settlement by ‘‘(b) ADDITIONAL APPROPRIATION.— graph (A), the amount determined under this the General Accounting Office, pay to the ‘‘(1) IN GENERAL.—There are authorized to subparagraph is an amount equal to the Fed- State, at the time or times fixed by the Sec- be appropriated and there are appropriated, eral payment under section 403(a)(5) to the retary of Health and Human Services, the $3,000,000,000 to be distributed to the States State for emergency assistance in fiscal year amount so certified. during the 5-fiscal year period beginning in 1995 under any State plan amendment made ‘‘(iii) METHOD OF RECONCILIATION.—If at the fiscal year 1996 for the provision of child care under section 402 during fiscal year 1994 (as end of each fiscal year, the Secretary of assistance. such sections were in effect before the date Health and Human Services finds that a ISTRIBUTION.— ‘‘(2) D of the enactment of the Work Opportunity State which received amounts from the Fund ‘‘(A) IN GENERAL.—The Secretary shall use Act of 1995) subject to the limitation in in such fiscal year did not meet the mainte- amounts made available under paragraph (1) clause (ii). nance of effort requirement under paragraph to make grants to States. The total amount ‘‘(ii) LIMITATION.—Amounts made available (5)(B) for such fiscal year, the Secretary of grants awarded to a State under this para- under clause (i) to all States shall not exceed shall reduce the State family assistance graph shall be based on the formula used for $800 million. If amounts available under this grant for such State for the succeeding fiscal determining the allotment of Federal pay- subparagraph are less than the total amount year by such amounts. ments to the State for fiscal year 1994 under of emergency assistance payments referred ‘‘(4) USE OF GRANT.— section 403(n) (as such section was in effect to in clause (i), the amount payable to a ‘‘(A) IN GENERAL.—An eligible State may before October 1, 1995) for child care services State shall be equal to an amount which use the grant— pursuant to section 402(i) as such amount re- bears the same relationship to the total ‘‘(i) in any manner that is reasonably cal- lates to the total amount of such Federal amount available under this clause as the culated to accomplish the purpose of this payments to all States for such fiscal year. State emergency assistance payment bears part; or ‘‘(B) FISCAL YEAR 2000.—With respect to the to the total amount of such payments. ‘‘(ii) in any manner that such State used last quarter of fiscal year 2000, if the Sec- On page 25, line 18, insert ‘‘in the case of amounts received under part A or F of this retary determines that any allotment to a amounts paid to the State that are set aside title, as such parts were in effect before Oc- State under this subsection will not be used in accordance with section 419(9), the State tober 1, 1995. by such State for carrying out the purpose may reserve such amounts for any fiscal ‘‘(B) REFUND OF UNUSED PORTION.—Any for which the allotment is available, the Sec- year only for the purpose of providing with- amount of a grant under this subsection not retary shall make such allotment available out fiscal year limitation child care assist- used during the fiscal year shall be returned for carrying out such purpose to 1 or more ance under this part.’’ after the end period. to the Fund. other States which apply for such funds to Beginning on page 315, strike line 6 and all ‘‘(5) ELIGIBLE STATE.— the extent the Secretary determines that that follows through page 576, line 12 (re- ‘‘(A) IN GENERAL.—For purposes of this sub- such other States will be able to use such ad- number subsequent titles and section num- section, a State is an eligible State with re- ditional allotments for carrying out such bers accordingly). spect to a fiscal year, if purposes. Such available allotments shall be On page 29, between lines 17 and 18, insert ‘‘(i)(I) the average rate of total unemploy- reallocated to a State pursuant to section the following: ment in such State (seasonally adjusted) for 402(i) (as such section was in effect before Oc- ‘‘(d) CONTINGENCY FUND.— the period consisting of the most recent 3 tober 1, 1995) by substituting ‘the number of ‘‘(1) ESTABLISHMENT.—There is hereby es- months for which data for all states are pub- children residing in all States applying for tablished in the Treasury of the United lished equals or exceeds 6.5 percent, and such funds’ for ‘the number of children resid- States a fund which shall be known as the ‘‘(II) the average rate of total unemploy- ing in the United States in the second pre- ‘Contingency Fund for State Welfare Pro- ment in such State (seasonally adjusted) for ceding fiscal year’. Any amount made avail- grams’ (hereafter in this section referred to the 3-month period equals or exceeds 110 per- able to a State from an appropriation for a as the ‘Fund’). cent of such average rate for either (or both) fiscal year in accordance with the preceding ‘‘(2) DEPOSITS INTO FUND.—Out of any of the corresponding 3-month periods ending sentence shall, for purposes of this part, be money in the Treasury of the United States in the 2 preceding calendar years; and regarded as part of such State’s payment (as not otherwise appropriated, there are hereby ‘‘(ii) has met the maintenance of effort re- determined under this subsection) for such appropriated for fiscal years 1996, 1997, 1998, quirement under subparagraph (B) for the year. 1999, and 2000, such sums as are necessary for State program funded under this part for the ‘‘(3) AMOUNT OF FUNDS.—The Secretary payment to the Fund in a total amount not shall pay to each eligible State in a fiscal to exceed $1,000,000,000. fiscal year. ‘‘(B) MAINTENANCE OF EFFORT.—The main- year an amount equal to the Federal medical ‘‘(3) COMPUTATION OF GRANT.— assistance percentage for such State for such ‘‘(A) IN GENERAL.—Subject to subparagraph tenance of effort requirement for any State fiscal year (as defined in section 1905(b)) of so (B), the Secretary of the Treasury shall pay under this subparagraph for any fiscal year much of the expenditures by the State for to each eligible State in a fiscal year an is the expenditure of an amount at least child care in such year as exceed the State amount equal to the Federal medical assist- equal to 100 percent of the level of historic set-aside for such State under subsection (a) ance percentage for such State for such fis- State expenditures for such State (as deter- for such year and the amount of State ex- cal year (as defined in section 1905(b)) of so mined under subsection (a)(5)). penditures in fiscal year 1994 that equal the much of the expenditures by the State in ‘‘(6) ANNUAL REPORTS.—The Secretary of non-Federal share for the programs described such year under the State program funded the Treasury shall annually report to the in subparagraphs (A), (B) and (C) of sub- under this part as exceed the historic ex- Congress on the status of the Fund. section (a)(1). penditures for such State. On page 40, line 13, strike ‘‘15’’ and insert ‘‘(4) BUDGET SCORING.—Notwithstanding ‘‘(B) LIMITATION.—The total amount paid ‘‘20’’. section 257(b)(2) of the Balanced Budget and to a State under subparagraph (A) for any At the appropriate place, insert the follow- Emergency Deficit Control Act of 1985, the fiscal year shall not exceed an amount equal ing: baseline shall assume that no grant shall be to 20 percent of the annual amount deter- SEC. . ABSTINENCE EDUCATION. made under this subsection after fiscal year mined for such State under the State pro- (a) INCREASE IN FUNDING.—Section 501(a) of 2000. gram funded under this part (without regard the Social Security Act (42 U.S.C. 701(a)) is ‘‘(c) ADMINISTRATIVE PROVISIONS.— to this subsection) for such fiscal year. amended in the matter preceding paragraph ‘‘(1) STATE OPTION.—For purposes of sec- ‘‘(C) METHOD OF COMPUTATION, PAYMENT, (1) by striking ‘‘fiscal year 1990’’ and each tion 402(a)(1)(B), a State may, at its option, AND RECONCILIATION.— fiscal year thereafter’’ and inserting ‘‘fiscal September 15, 1995 CONGRESSIONAL RECORD — SENATE S 13669 years 1990 through 1995 and $761,000,000 for ‘‘(C) the cost of conducting the research of individuals in each family not receiving fiscal year 1996 and each fiscal year there- described in section 410(a); and assistance, and the relationship of each indi- after’’. ‘‘(D) the cost of developing and evaluating vidual to the youngest child in the family. (b) ABSTINENCE EDUCATION.—Section innovative approaches for reducing welfare ‘‘(L) The citizenship status of each member 501(a)(1) of such Act (42 U.S.C. 701(a)(1) is dependency and increasing the well-being of of the family. amended— minor children under section 410(b). ‘‘(M) The housing arrangement of each (1) in subparagraph (c), by striking ‘‘and’’ ‘‘(2) ALLOCATION.—Of the amount appro- member of the family. at the end; priated under paragraph (1) for a fiscal ‘‘(N) The amount of unearned income, child (2) in subparagraph (D), by adding ‘‘and’’ at year— support, assets, and other financial factors the end; and ‘‘(A) 50 percent shall be allocated for the considered in determining eligibility for as- (3) by adding at the end the following new purposes described in subparagraphs (A) and sistance under the State program. subparagraph: (B) of paragraph (1), and ‘‘(O) The location in the State of each fam- ‘‘(E) to provide abstinence education, and ‘‘(B) 50 percent shall be allocated for the ily receiving assistance. at the option of the State, where appro- purposes described in subparagraphs (C) and ‘‘(P) Any other data that the Secretary de- priate, mentoring, counseling, and adult su- (D) of paragraph (1). termines is necessary to ensure efficient and pervision to promote abstinence from sexual On page 29, line 16, strike ‘‘(f)’’ and insert effective program administration. activity, with a focus on those groups which ‘‘(g)’’. ‘‘(3) AGGREGATED MONTHLY DATA.—The data are most likely to bear children out-of-wed- On page 57, beginning on line 22, strike all described in this paragraph is the following lock.’’. through page 60, line 2, and insert the follow- aggregated monthly data with respect to the (c) ABSTINENCE EDUCATION DEFINED.—Sec- ing: families described in paragraph (4): tion 501(b) of such Act (42 U.S.C. 701(b)) is ‘‘(a) IN GENERAL.—The Secretary, in con- ‘‘(A) The number of families. amended by adding at the end the following sultation with State and local government ‘‘(B) The number of adults in each family. new paragraph: officials and other interested persons, shall ‘‘(C) The number of children in each fam- ‘‘(5) ABSTINENCE EDUCATION.—For purposes develop a quality assurance system of data ily. of this subsection, the term ‘abstinence edu- collection and reporting that promotes ac- ‘‘(D) The number of families for which as- cation’ shall mean an educational or motiva- countability and ensures the improvement sistance has been terminated because of em- tional program which— and integrity of programs funded under this ployment, sanctions, or time limits. ‘‘(A) has as its exclusive purpose, teaching part. ‘‘(4) FAMILIES DESCRIBED.—The families de- the social, psychological, and health gains to ‘‘(b) STATE SUBMISSIONS.— scribed in this paragraph are— be realized by abstaining from sexual activ- ‘‘(1) IN GENERAL.—Not later than the 15th ‘‘(A) families receiving assistance under a ity; day of the first month of each calendar quar- State program funded under this part for ‘‘(B) teaches abstinence from sexual activ- ter, each State to which a grant is made each month in the calendar quarter preced- ity outside marriage as the expected stand- under section 403(f) shall submit to the Sec- ing the calendar quarter in which the data is ard for all school age children; retary the data described in paragraphs (2) submitted; ‘‘(C) teaches that abstinence from sexual and (3) with respect to families described in ‘‘(B) families applying for such assistance activity is the only certain way to avoid out- paragraph (4). during such preceding calendar quarter; and of-wedlock pregnancy, sexually transmitted ‘‘(2) DISAGGREGATED DATA DESCRIBED.—The ‘‘(C) families that became ineligible to re- diseases, and other associated health prob- data described in this paragraph with respect ceive such assistance during such preceding lems; to families described in paragraph (4) is a calendar quarter. ‘‘(D) teaches that a mutually faithful sample of monthly disaggregated case record ‘‘(5) APPROPRIATE SUBSETS OF DATA COL- monogamous relationship in context of mar- data containing the following: LECTED.—The Secretary shall determine ap- riage is the expected standard of human sex- ‘‘(A) The age of the adults and children (in- propriate subsets of the data describe in ual activity; cluding pregnant women) in each family. paragraphs (2) and (3) that a State is re- ‘‘(E) teaches that sexual activity outside of ‘‘(B) The marital and familial status of quired to submit under paragraph (1) with re- the context of marriage is likely to have each member of the family (including wheth- spect to families described in subparagraphs harmful psychological and physical effects; er the family is a 2-parent family and wheth- (B) and (C) of paragraph (4). ‘‘(F) teaches that bearing children out-of- er a child is living with an adult relative ‘‘(6) SAMPLING AND OTHER METHODS.—The wedlock is likely to have harmful con- other than a parent). Secretary shall provide the States with such sequences for the child, the child’s parents, ‘‘(C) The gender, educational level, work case sampling plans and data collection pro- and society; experience, and race of the head of each fam- cedures as the Secretary deems necessary to ‘‘(G) teaches young people how to reject ily. produce statistically valid estimates of each sexual advances and how alcohol and drug ‘‘(D) The health status of each member of State’s program performance. The Secretary use increases vulnerability to sexual ad- the family (including whether any member is authorized to develop and implement pro- vances; and of the family is seriously ill, disabled, or in- cedures for verifying the quality of data sub- ‘‘(H) teaches the importance of attaining capacitated and is being cared for by another mitted by the States. self-sufficiency before engaging in sexual ac- member of the family). On page 62, after line 24, insert the follow- tivity.’’. ‘‘(E) The type and amount of any benefit or ing: (d) SET-ASIDE.— assistance received by the family, includ- ‘‘(j) REPORT TO CONGRESS.—Not later than (1) IN GENERAL.—Section 502(c) of such Act ing— 6 months after the end of fiscal year 1997, and (42 U.S.C. 702(c)) is amended in the matter ‘‘(i) the amount of and reason for any re- each fiscal year thereafter, the Secretary preceding paragraph (1) by striking ‘‘From’’ duction in assistance, and shall transmit to the Congress a report de- and inserting ‘‘Except as provided in sub- ‘‘(ii) if assistance is terminated, whether scribing— section (e), from’’. termination is due to employment, sanction, ‘‘(1) whether the States are meeting— (2) SET-ASIDE.—Section 502 of such Act (42 or time limit. ‘‘(A) the participation rates described in U.S.C. 702) is amended by adding at the end ‘‘(F) Any benefit or assistance received by section 404(a); and the following new subsection: a member of the family with respect to hous- ‘‘(B) the objectives of— ‘‘(e) Of the amounts appropriated under ing, food stamps, job training, or the Head ‘‘(i) increasing employment and earnings section 501(a) for any fiscal year, the Sec- Start program. of needy families, and child support collec- retary shall set aside $75,000,000 for absti- ‘‘(G) The number of months since the fam- tions; and nence education in accordance with section ily filed the most recent application for as- ‘‘(ii) decreasing out-of-wedlock pregnancies 501(a)(1)(E). sistance under the program and if assistance and child poverty; On page 29, between lines 15 and 16, insert was denied, the reason for the denial. ‘‘(3) the demographic and financial charac- the following: ‘‘(H) The number of times a family has ap- teristics of families applying for assistance, ‘‘(f) ADDITIONAL AMOUNT FOR STUDIES AND plied for and received assistance under the families receiving assistance, and families DEMONSTRATIONS.— State program and the number of months as- that become ineligible to receive assistance; ‘‘(1) IN GENERAL.—There are authorized to sistance has been received each time assist- ‘‘(4) the characteristics of each State pro- be appropriated and there are appropriated ance has been provided to the family. gram funded under this part; and for each fiscal year described in subsection ‘‘(I) The employment status of the adults ‘‘(5) the trends in employment and earn- (a)(1) an additional $20,000,000 for the purpose in the family (including the number of hours ings of needy families with minor children. of paying— worked and the amount earned). On page 63, beginning on line 3, strike all ‘‘(A) the Federal share of any State-initi- ‘‘(J) The date on which an adult in the through line 16, and insert the following: ated study approved under section 410(g); family began to engage in work, the number ‘‘(a) RESEARCH.—The Secretary shall con- ‘‘(B) an amount determined by the Sec- of hours the adult engaged in work, the work duct research on the benefits, effects, and retary to be necessary to operate and evalu- activity in which the adult participated, and costs of operating different State programs ate demonstration projects, relating to part the amount of child care assistance provided funded under this part, including time limits A of title IV of this Act, that are in effect or to the adult (if any). relating to eligibility for assistance. The re- approved under section 1115 as of October 1, ‘‘(K) The number of individuals in each search shall include studies on the effects of 1995, and are continued after such date; family receiving assistance and the number different programs and the operation of such S 13670 CONGRESSIONAL RECORD — SENATE September 15, 1995 programs on welfare dependency, illegit- by the Commissioner as having a substance poverty line, according to the most recently imacy, teen pregnancy, employment rates, abuse condition shall seek and complete ap- available Census data, if— child well-being, and any other area the Sec- propriate treatment as needed.’’. ‘‘(i) the illegitimacy ratio of the State for retary deems appropriate. On page 126, line 10, strike ‘‘c’’ and insert the most recent fiscal year for which such ‘‘(b) DEVELOPMENT AND EVALUATION OF IN- ‘‘(d)’’. information is available is at least 1 percent- NOVATIVE APPROACHES TO REDUCING WEL- On page 127, between lines 2 and 3, insert age point lower than the illegitimacy ratio FARE DEPENDENCY AND INCREASING CHILD the following new subsection: of the State for fiscal year 1995 (or, if such WELL-BEING.— (e) SUPPLEMENTAL FUNDING FOR ALCOHOL information is not available, the first avail- ‘‘(1) IN GENERAL.—The Secretary may as- AND SUBSTANCE ABUSE TREATMENT PRO- able year after 1995 for which such data is sist States in developing, and shall evaluate, GRAMS.— available); and innovative approaches for reducing welfare (1) IN GENERAL.—Out of any money in the ‘‘(ii) the rate of induced pregnancy termi- dependency and increasing the well-being of Treasury not otherwise appropriated, there nations for the same most recent fiscal year minor children with respect to recipients of are hereby appropriated to supplement State in the State is not higher than the rate of in- assistance under programs funded under this and Tribal programs funded under section duced pregnancy terminations in the State part. The Secretary may provide funds for 1933 of the Public Health Service Act (42 for fiscal year 1995 (or, the same first avail- training and technical assistance to carry U.S.C. 300x–33), $50,000,000 for each of the fis- able year); or out the approaches developed pursuant to cal years 1997 and 1998. ‘‘(B) an amount equal the product of $50 this paragraph. (2) ADDITIONAL FUNDS.—Amounts appro- multiplied by the number of children in the ‘‘(2) EVALUATIONS.—In performing the eval- priated under paragraph (1) shall be in addi- State in families with incomes below the uations under paragraph (1), the Secretary tion to any funds otherwise appropriated for poverty line, according to the most recently shall, to the maximum extent feasible, use allotments under section 1933 of the Public available Census data, if— random assignment as an evaluation meth- Health Service Act (42 U.S.C. 300x–33) and ‘‘(i) the illegitimacy ratio of the State for odology. shall be allocated pursuant to such section the most recent fiscal year for which infor- On page 63, line 17, strike ‘‘(d)’’ and insert 1933. mation is available is at least 2 percentage ‘‘(c)’’. (3) USE OF FUNDS.—A State or Tribal gov- points lower than the illegitimacy ratio of On page 63, line 24, strike ‘‘(e)’’ and insert ernment receiving an allotment under this the State for fiscal year 1995 (or, if such in- ‘‘(d)’’. subsection shall consider as priorities, for formation is not available, the first available On page 64, line 21, strike ‘‘(f)’’ and insert purposes of expending funds allotted under year after 1995 for which such data is avail- ‘‘(e)’’. this subsection, activities relating to the able); and On page 66, line 3, strike ‘‘(g)’’ and insert treatment of the abuse of alcohol and other ‘‘(ii) the rate of induced pregnancy termi- ‘‘(f)’’. drugs. nations in the State for the same most re- On page 66, between lines 19 and 20, insert On page 131, line 23, insert ‘‘, including cent fiscal year is not higher than the rate of the following: such individual’s treatment (if any) provided induced pregnancy terminations in the State for fiscal year 1995 (or, the same first avail- ‘‘(g) STATE-INITIATED STUDIES.—A State pursuant to such title as in effect on the day shall be eligible to receive funding to evalu- before the date of such enactment,’’ after able year). ‘‘(2) DETERMINATION OF THE SECRETARY.— ate the State’s family assistance program ‘‘individual’’. The Secretary shall not increase the grant funded under this part if— On page 158, between lines 11 and 12, insert amount under paragraph (1) if the Secretary ‘‘(1) the State submits a proposal to the the following: determines that the relevant difference be- Secretary for such evaluation, SUBTITLE F—RETIREMENT AGE ELIGIBILITY tween the illegitimacy ratio of a State for an ‘‘(2) the Secretary determines that the de- SEC. 251. ELIGIBILITY FOR SUPPLEMENTAL SE- applicable fiscal year and the illegitimacy sign and approach of the evaluation is rigor- CURITY INCOME BENEFITS BASED ratio of such State for fiscal year 1995 or, ous and is likely to yield information that is ON SOCIAL SECURITY RETIREMENT where appropriate, the first available year credible and will be useful to other States, AGE. after 1995 for which such data is available, is and (a) IN GENERAL.—Section 1614 (a)(1)(A) (42 the result of a change in State methods of ‘‘(3) unless otherwise waived by the Sec- U.S.C. 1382c(a)(1)(A)) is amended by striking reporting data used to calculate the illegit- retary, the State provides a non-Federal ‘‘is 65 years of age or older,’’ and inserting imacy ratio or if the Secretary determines share of at least 10 percent of the cost of ‘‘has attained retirement age.’’. that the relevant non-increase in the rate of such study. (b) RETIREMENT AGE DEFINED.—Section induced pregnancy terminations for an appli- On page 163, line 16, add ‘‘and’’ after the 1614 (42 U.S.C. 1382c) is amended by adding at cable fiscal year as compared to fiscal year semicolon. the end the following new subsection: 1995 or, the appropriate fiscal year, is the re- On page 163, strike lines 17 through 24, and ‘‘Retirement Age insert in lieu thereof the following: sult of a change in State methods of report- ‘‘(iii) for fiscal years 1997 through 2002, ‘‘(g) For purposes of this title, the term ing data used to calculate the rate of induced $124, $211, $174, $248 and $109, respectively.’’ ‘‘retirement age’’ has the meaning given pregnancy terminations. ‘‘(3) ILLEGITIMACY RATIO.—For purposes of On page 164, line 2, strike ‘‘2000’’ and insert such term by section 216(l)(1).’’. this subsection, the term ‘illegitimacy ratio’ in lieu thereof ‘‘2002’’. (c) CONFORMING AMENDMENTS.—Sections means, with respect to a State and a fiscal On page 126, between lines 9 and 10, insert 1601, 1612(b)(4), 1615(a)(1), and 1620(b)(2) (42 year— the following: U.S.C. 1381, 1382a(b)(4), 1382d(a)(1), and ‘‘(A) the number of out-of-wedlock births (c) TREATMENT SERVICES FOR INDIVIDUALS 1382i(b)(2)) are amended by striking ‘‘age 65’’ that occurred in the State during the most WITH A SUBSTANCE ABUSE CONDITION.— each place it appears and inserting ‘‘retire- recent fiscal year for which such information (1) IN GENERAL.—Title XVI (42 U.S.C. 1381 ment age’’. (d) EFFECTIVE DATE.—The amendments is available; divided by et seq.) is amended by adding at the end the ‘‘(B) the number of births that occurred in following new section: made by this section shall apply to appli- cants for benefits for months beginning after the State during the most recent fiscal year ‘‘TREATMENT SERVICES FOR INDIVIDUALS WITH September 30, 1995. for which such information is available. A SUBSTANCE ABUSE CONDITION ‘‘(4) POVERTY LINE.—For purposes of this ‘‘SEC. 1636. (a) In the case of any individual subsection, the term ‘poverty line’ has the eligible for benefits under this title by rea- ABRAHAM (AND JEFFORDS) meaning given such term in section son of disability who is identified as having AMENDMENT NO. 2684 403(a)(3)(D)(iii). ‘‘(5) AVAILABILITY OF AMOUNTS.—There are a substance abuse condition, the Commis- Mr. DOLE (for Mr. ABRAHAM, for him- sioner of Social Security shall make provi- authorized to be appropriated and there are self and Mr. JEFFORDS) proposed an sion for referral of such individual to the ap- appropriated such sums as may be necessary propriate State agency administering the amendment to amendment No. 2280 for fiscal years 1998, 1999, and 2000 for the State plan for substance abuse treatment proposed by Mr. DOLE to the bill H.R. 4, purpose of increasing the amount of the services approved under subpart II of part B supra; as follows: grant payable to a State under section of title XIX of the Public Health Service Act On page 51, strike the matter inserted be- 403(a)(1) in accordance with this subsection. (42 U.S.C. 300x–21 et seq.) tween lines 11 and 12 by the modification f ‘‘(b) No individual described in subsection submitted on September 8, 1995, and insert (a) shall be an eligible individual or eligible the following: NOTICE OF HEARINGS spouse for purposes of this title if such indi- ‘‘(e) GRANT INCREASED TO REWARD STATES COMMITTEE ON AGRICULTURE, NUTRITION, AND vidual refuses without good cause to accept THAT REDUCE OUT-OF-WEDLOCK BIRTHS.— FORESTRY the referred services described under sub- ‘‘(1) IN GENERAL.—The amount of the grant Mr. LUGAR. Mr. President, I would section (a). payable to a State under section 403(a)(1)(A) like to announce that the Senate Com- (2) CONFORMING AMENDMENT.—Section for fiscal years 1998, 1999, and 2000 shall be in- 1614(a)(4) (42 U.S.C. 1382c(a)(4)) is amended by creased by— mittee on Agriculture, Nutrition, and inserting after the second sentence the fol- ‘‘(A) an amount equal the product of $25 Forestry will hold a full committee lowing new sentence: ‘‘For purposes of the multiplied by the number of children in the markup of the committee’s budget rec- preceding sentence, any individual identified State in families with incomes below the onciliation instructions. The markup September 15, 1995 CONGRESSIONAL RECORD — SENATE S 13671 will be held on Tuesday, September 19, TRIBUTE TO MR. LARRY MURRAY WORLD POPULATION AWARENESS 1995, at 9 a.m. in SR–332. ON HIS RETIREMENT AS EXECU- WEEK f TIVE DIRECTOR OF THE AREA ∑ Mr. CAMPBELL. Mr. President, in AGENCY ON AGING OF WESTERN August, Gov. Roy Romer of Colorado AUTHORITY FOR COMMITTEES TO MICHIGAN proclaimed October 22 to 29 ‘‘World MEET Population Awareness Week’’ for the Mr. LEVIN. Mr. President, I rise COMMITTEE ON ENERGY AND NATURAL ∑ State of Colorado. I would like to ex- RESOURCES today to pay tribute to Lawrence L. press my support for this proclama- Mr. DOLE. Mr. President, I ask unan- Murray, Jr. In so doing, I join with the tion, and for population awareness ac- imous consent that the Committee on members of his community who are tivities. Energy and Natural Resources be honoring Larry Murray on September I support noncoercive international granted permission to meet during the 21, 1995, during a reception commemo- family planning programs as much as session of the Senate on Friday, Sep- rating his 21 years of service and his re- possible, given budget constraints. tember 15, 1995, for purposes of con- tirement as executive director of the Other countries need our support to ducting a full committee hearing Area Agency on Aging of Western control population growth and raise which is scheduled to begin at 9 a.m. Michigan. standards of living. Family planning The purpose of this hearing is to review Larry is a native of Pittsburgh, PA, programs help control population S. 1144, a bill to reform and enhance and a proud graduate of Duquesne Uni- growth in overcrowded nations, reduce the management of the National Park versity. A member of the World War II infant and maternal mortality rates, Service, S. 309, a bill to reform the con- generation, to whom our Nation owes and decrease the rates of starvation cession policies of the National Park so much, Larry served in the U.S. and poverty. These developments in Service, and S. 964, a bill to amend the Army Air Corps from 1942 to 1946. turn help lower pressures on inad- Land and Water Conservation Fund equate, severely stressed health serv- Act of 1965 with respect to fees for ad- Following his discharge from the ices in many countries. mission into units of the National Park service, Larry pursued a career in busi- By promoting long-term, sustainable System. ness and sales. In the early 1960’s his economic and human growth, I believe The PRESIDING OFFICER. Without work brought Larry and his family to family planning programs serve U.S. objection, it is so ordered. Grand Rapids. A decade later Larry interests in environmental protection, SUBCOMMITTEE ON TERRORISM, TECHNOLOGY, ended the first stage of his professional resource conservation, global economic AND GOVERNMENT INFORMATION life when he retired as vice president of growth, immigration, and inter- Mr. DOLE. Mr. President, I ask unan- U.S. Gypsum, Inc. national stability. imous consent that the Subcommittee With prophetic vision focusing on the World Population Awareness Week on Terrorism, Technology, and Govern- will help promote public awareness of ment Information of the Committee on challenges of a growing senior popu- lation, Larry prepared the documenta- the causes and costs of overpopulation, the Judiciary, be authorized to hold a and effective policies to reduce popu- hearing during the session of the Sen- tion for designation which created Re- gion VIII, the Area Agency on Aging of lation growth voluntarily and ration- ate on September 15, 1995, at 10 a.m. to ally. Western Michigan and was appointed consider ‘‘The Ruby Ridge Incident.’’ Mr. President, I ask that Governor The PRESIDING OFFICER. Without the agency’s first executive director. Romer’s proclamation be printed in the objection, it is so ordered. Over the years Larry has led region RECORD. f VIII through many changes and chal- The proclamation follows: lenges, always ensuring a continuous HONORARY PROCLAMATION ADDITIONAL STATEMENTS flow of services for older persons. He Whereas, the world’s population has was responsible for making it the first reached 5.7 billion and is growing at a re- ported rate of 100 million each year; and THE 40TH ANNIVERSARY OF AL- computerized area agency on aging, and successfully obtained numerous Whereas, rapid population growth can BERT EINSTEIN COLLEGE OF overtake the capacity of human societies to MEDICINE State and Federal grants which have provide food, housing, education, employ- allowed for its expansion and success. ∑ Mr. D’AMATO. Mr. President, I rise ment and basic health services and may un- Additionally Larry spearheaded the ef- today to pay tribute to the Albert Ein- dermine economic development as well as so- forts to erect a new building for the cial, cultural and political stability; and stein College of Medicine of Yeshiva agency that includes a state-of-the-art Whereas, population growth can place University. In October of this year kitchen for its Meals on Wheels Pro- strains on the environment and our natural they will be celebrating their 40th an- resources; and niversary. The Albert Einstein College gram. Whereas, many groups will recognize Octo- of Medicine was established in 1955 and In 1986 in recognition of his outstand- ber 22–29, 1995, as World Population Week to has become one of the Nation’s leading ing leadership and many years of dedi- increase public awareness of what many view cated service, Larry was given the as a need to find a balance between popu- centers for medical research and edu- lation development and the natural environ- cation. award for the Distinguished Area Agen- ment; From an original class size of 56 stu- cy Director of the United States of Now, therefore, I, Roy Romer, Governor of dents to a student body today of over America. Colorado, proclaim October 22–29, 1995, as World Population Awareness Week in the 1,000 students this institution has pro- Also active in his church and commu- duced a long line of outstanding grad- State of Colorado.∑ nity, Larry has been a volunteer or uates. Admissions to the program has f member of many boards and organiza- always been extremely competitive and tions over the years among them: the as recently as 1994, 9,000 candidates ap- TRIBUTE TO DEA SPECIAL AGENT Ancient Order of Hibernians; the plied for 176 spots. A full-time faculty ROBERT A. AIU, 1995 NATIONAL Knights of Columbus; the St. Vincent of over 1,000 teaches, delivers health LAW ENFORCEMENT OFFICER OF DePaul Society; the Michigan Society care, and conducts studies in every THE YEAR of Gerontology, and a host of others. major medical speciality and area of ∑ Mr. AKAKA. Mr. President, it is an biomedical research. Particular areas Serving his country, church, and honor and privilege for me to rise in of excellence in research for which the community throughout his entire life, the well of the Senate today in recogni- Albert Einstein College of Medicine is Larry Murray has been an example to tion of Special Agent Robert A. Aiu of widely renown include Alzheimer’s Dis- others embodying the highest ideals of the Drug Enforcement Administration ease, neuroscience, cancer, heart dis- his faith and his country. Mr. Presi- [DEA], Honolulu, who has been named ease, diabetes, liver disease, AIDS, im- dent I ask you along with all of my col- the 1995 National Law Enforcement Of- munology and molecular genetics. leagues in the Senate to join with me ficer of the Year. This is a singular Congratulations to the Albert Ein- in honoring this outstanding citizen. honor which is awarded to but one out stein College of Medicine of Yeshiva His legacy of unselfish service is some- of the thousands of law enforcement of- University on their 40th anniversary.∑ thing all should strive to emulate.∑ ficers of Federal enforcement agencies, S 13672 CONGRESSIONAL RECORD — SENATE September 15, 1995 including the FBI, Bureau of Alcohol, In my view, it goes a long way to All Senators can take great pride in Tobacco and Firearms, and the CIA. doing what we all want to do: fun- the fact that a veteran of the Tuskegee Agent Aiu has the further distinction damentally reform the welfare system. Airmen worked here in the Senate for of being the first to be so honored in It does not go anywhere near as far in many years. His name is Carl McNeal, the DEA. some areas as we would like it to, but but everyone called him ‘‘Mac.’’ Special Agent Aiu, who has served in that is the essence of compromise. I After 17 years in the Senate and 34 the DEA since 1970, has been recognized will have more to say on that on Tues- years of Federal Service, Mac has re- and honored for his outstanding service day. tired to spend more time with his wife, in marijuana eradication, seizure, and I appreciate the good work that ev- Dorothy, his six children, and eight forfeiture of assets derived from drug eryone has put forth to get us to this grandchildren. trafficking, and for the assistance he point this afternoon. I yield the floor. Mac McNeal has been a dedicated and has provided to the U.S. Marshals Serv- f valuable member of the Senate family, ice in the apprehension of fugitives. and I know all members join with me Like many other law enforcement offi- NATIONAL POW/MIA RECOGNITION in wishing him many years of health cers, he puts his life on the line in the DAY and happiness. performance of his duties and we are Mr. DOLE. Mr. President, just down f deeply grateful to him for his continu- the hall from my office, the POW/MIA ing efforts to make our society a safer flag stands in the Capitol rotunda. NATIONAL WOMEN’S HALL OF and better place for all of us. That flag flies as a sad, but proud, re- FAME In behalf of the people of Hawaii and minder of the sacrifices which brave Mr. DOLE. Mr. President, as my col- our country, I commend Special Agent people made in the defense of our coun- leagues know, this year marks the 75th Robert A. Aiu of the Drug Enforcement try—in Vietnam, in Korea, and in anniversary of the adoption of the 19th Administration in Honolulu, 1995 Na- World War II. As I am sure my col- amendment to the Constitution, which tional Law Enforcement Officer of the leagues know, today is National POW/ granted women the right to vote. Year, and express our deep and heart- MIA Recognition Day—a day for all I am proud to say that it was a Re- felt gratitude to him for his exemplary Americans to reflect on those who publican Congress which sent that performance, and selfless and untiring faithfully served this Nation but whose amendment to the States for ratifica- dedication to duty. ultimate fate remains unknown. Amer- tion. Its adoption ended a struggle that Congratulations and mahalo, Bob. ica must never forget those who have began in 1848 at a women’s convention Well done. ∑ gone missing in the battles to defend in Seneca Falls, NY. f our freedom. Since 1969, Seneca Falls has been the SPECIAL RECOGNITION FOR SEN- I opposed President Clinton’s deci- home of the National Women’s Hall of ATOR KENNEDY AND SENATOR sion to establish diplomatic ties with Fame. And today, the Hall of Fame an- DODD Vietnam. Shortly before the took of- nounced the names of the 18 women fice, then president-elect Clinton said who will be inducted into the Hall of Mr. DASCHLE. Mr. President, let me that ‘‘there will be no normalization of Fame later this year. make a couple of additional points on relations with any nation that is at all And it is with great pride that I an- the agreement we have reached with suspected of withholding any informa- nounce that one of those inductees will regard to modifying the original Dole tion.’’ And while Vietnam may have se- be my wife, Elizabeth. bill. lectively cooperated here and there, all And I hope my colleagues will forgive A lot of people deserve recognition signs continue to point to the fact that me if I take just a few brief seconds to this afternoon for their contribution. I Vietnam is still willfully withholding congratulate Elizabeth, and to say how think on our side there are two Sen- information. proud I am of her many accomplish- ators who certainly deserve special rec- We are still watching the Vietnamese ments, and of the difference she has ognition for the contribution and lead- Government. We are still expecting made throughout her life. ership they have shown. total cooperation. And we will not I ask unanimous consent, Mr. Presi- Of course, I refer to Senators DODD close the book until we are certain dent, that a list of all 18 inductees be and KENNEDY. First on children’s issues printed in the RECORD following my re- and, second, on work. On a number of that we have the fullest possible ac- marks. the legislative provisions relating to counting of every American POW and There being no objection, the mate- work and job skills, they have done a MIA. rial was ordered to be printed in the remarkable job over the years and have Today, let us look up to the POW/ RECORD, as follows: certainly shown, again, their leader- MIA flag in the rotunda, and really re- ship, and the tremendous effort they flect. Many here have answered this NATIONAL WOMEN’S HALL OF FAME have put forth to allow us the progress country’s call to arms, but today, let ANNOUNCES WOMEN TO BE INDUCTED FOR 1995 that we have made this week on wel- us remember those who endured a SENECA FALLS, NY.—Nancy Woodhull, fare reform. But, in particular, on child heavier burden as prisoners of war. Let president of the National Women’s Hall of us recall the pain felt by the families Fame, today announced that the Hall would care itself, it would not have been pos- induct 18 distinguished women on Saturday, sible were it not for their work and and friends of those who didn’t come back, and those who remain missing in October 14, 1995. The Honors Ceremonies will their effort. I applaud them and pub- be held in historic Seneca Falls, New York, licly want to thank them for all of the action. the birthplace of women’s rights where the help and leadership that they have By honoring our POW’S and MIA’s, first Women’s Rights Convention was held in given on that issue. we honor the freedom and peace they 1848. Let me also say we will have some defended. We can take inspiration from 1995 Honorees are: time to talk about the overall agree- their example and courage from their Virginia Apgar (1909–1974), physician who actions. Our country is great because invented lifesaving newborn health assess- ment next week. I intend to vote for ment measure. this bill. I do so with mixed feelings, of these American heroes, and we can- not rest until the fullest possible ac- Ann Bancroft (1955– ), polar explorer; first frankly. I think there are many things woman to reach the North and South Poles in the bill we can cite with some satis- counting is achieved. across the ice. faction. There are many concerns that f Amelia Bloomer (1818–1894), suffragist and I have, as well. social reformer; founded and edited The Lily, I hope as people take a look at the TRIBUTE TO CARL MCNEAL the first newspaper devoted to reform and overall context of what it is we have Mr. DOLE. Mr. President, a few equality for women. attempted to do, that they appreciate weeks ago, there was a movie on tele- Mary Breckinridge (1881–1965), nurse-mid- wife and founder of the Frontier Nursing the difficulty that we have under any vision which told the dramatic and in- Service, created to provide health care in circumstances to come to agreement spiring story of the Tuskegee Airmen, rural areas. and to actually accomplish as much as who courageously fought for America’s Eileen Collins (1956– ), first woman to we have done here. freedom during World War II. pilot the space shuttle. September 15, 1995 CONGRESSIONAL RECORD — SENATE S 13673 Elizabeth Hanford Dole (1936– ), first ployees in the office of the Sergeant at Arms quirements apply to recipients 3 woman Secretary of Transportation; Sec- and Doorkeeper of the Senate. months after they begin to receive ben- retary of Labor; President of the American (c) A payment may be made under this res- efits instead of 6 months; and this ac- Red Cross. olution only upon certification to the Dis- celerates the requirement by 3 months. Anne Dallas Dudley (1876–1955), key leader bursing Office by the Sergeant at Arms and in passage of the nineteenth amendment, Doorkeeper of the Senate of the individual’s That is the maximum. So if somebody giving women the right to vote; Tennessee eligibility for the payment. is not in school or job training or in a suffrage and political leader. (d) In the event of the death of an individ- private sector job and is able-bodied, Mary Baker Eddy (1821–1910), the first ual who is entitled to payment under this under this requirement States will put American woman to found a worldwide reli- resolution, any such payment that is unpaid in place within the next 3 years a re- gion, the Church of Christ, Scientist (Chris- shall be paid to the widow or widower of the quirement that community service jobs tian Science). individual or, if there is no widow or widower be offered to, and that welfare recipi- Ella Fitzgerald (1917– ), singer. of such deceased individual, to the heirs at ents accept, community service jobs Margaret Fuller (1810–1850), author, femi- law or next of kin of such deceased individ- within no more than 3 months of the nist, Transcendentalist leader, and teacher. ual. Matilda Joslyn Gage (1826–1898), feminist, (e) A payment under this resolution shall receipt of their welfare benefit. suffrage leader and author. not be treated as compensation for purposes This modification of this amendment Lillian Moller Gilbreth (1878–1972), indus- of any provision of title 5, United States will also put this requirement into law trial engineer and motion study expert Code, or of any other law relating to benefits 1 year sooner, after 2 years rather than whose ideas improved industry and the accruing from employment by the United 3 years. That also is a strengthening home. States, and the period of entitlement to such requirement. Nannerl O. Keohane (1940– ), political sci- pay shall not be treated as a period of em- The Daschle amendment, which was entist and educator; first woman president of ployment for purposes of any such provision narrowly defeated last week, contained Duke University; first woman to head a or law. major women’s college (Wellesley) and re- an even stronger provision which was f search university. added as a modification at my request. Experience has shown we must be Maggie Kuhn (1905–1995), founder of the ORDER FOR RECESS Gray Panthers. more aggressive in requiring recipients Sandra Day O’Connor (1930– ), the fist Mr. FRIST. Mr. President, if there is to work. As I said earlier, I believe this woman Justice of the U.S. Supreme Court. no further business to come before the amendment is a firm step in the right Josephine St. Pierre Ruffin (1842–1924), Senate, I now ask unanimous consent direction. leader and organizer of Black women’s orga- the Senate stand in recess under the I make a parliamentary inquiry, just nizations; Abolitionist and anti-lynching previous order, following the remarks to make sure. The modification I re- crusader. Patricia Schroeder (1940– ), congress- of Senators LEVIN, KERREY, and KEN- ferred to in fact was not only adopted woman who has pioneered passage of legisla- NEDY. as part of the package, but also I ask tion helping women and families. The PRESIDING OFFICER. Without whether or not there was a motion to Hannah Greenebaum Solomon (1858–1942), objection, it is so ordered. reconsider which was tabled? founder of the National Council of Jewish f The PRESIDING OFFICER. With re- Women. gard to the parliamentary inquiry, the f THE LEVIN-DOLE MODIFICATION Senator will suspend for a moment. OF THE WELFARE REFORM BILL The answer is yes. PROVIDING FOR SEVERANCE PAY Mr. LEVIN. I thank the Chair and Mr. LEVIN. Mr. President, yesterday yield the floor. Mr. FRIST. Mr. President, I ask I offered an amendment on the welfare unanimous consent that the Senate The PRESIDING OFFICER. The Sen- reform bill to strengthen the work re- ator from Massachusetts. proceed to the immediate consider- quirement in that bill. I have long be- f ation of Senate Resolution 172, submit- lieved that work requirements should ted earlier today by Senator DOLE. be clear and should be strong and THE DOLE-DASCHLE AGREEMENT The PRESIDING OFFICER. Without should be applied promptly. Able-bod- objection, it is so ordered. Mr. KENNEDY. Mr. President, I sup- ied welfare recipients who are not in port the Dole-Daschle agreement. This The clerk will report. school or in job training should work— The legislative clerk read as follows: modification restores the Federal com- period. My amendment required that mitment to child care as an essential A resolution (S. Res. 172) providing for sev- able-bodied individuals either be in job erance pay. step in moving people from welfare to training, in school, or working in pri- work. It also prevents an unacceptable Mr. FRIST. Mr. President, I ask vate sector jobs within 6 months of re- tradeoff between job training for dis- unanimous consent the resolution be ceipt of benefits, or else be offered and located workers in the changing econ- considered and agreed to, the motion be required to accept community serv- omy and workfare for those on welfare to reconsider be laid upon the table, ice employment. This requirement unable to find jobs in the private sec- and that any statements relating to would be phased in over 3 years in tor. the resolution appear at the appro- order to give States an opportunity to Provisions on child care help to im- priate place in the RECORD. adjust administratively. prove one of the most troubling fea- The PRESIDING OFFICER. Without This was a strengthening provision tures of this bill. Rather than end the objection, it is so ordered. that was added relative to work and, Federal commitment to child care and The resolution was agreed to. while States are given the option to put the funds into a general pool, we The resolution reads as follows: opt out of this particular requirement have reached agreement that a specific S. RES. 172 by notification to the Secretary of allocation of funds to child care is es- Resolved, That (a) an individual who is an Health and Human Services, I hope and sential if we are serious about moving employee in the office of the Sergeant at would expect that pressure from the people from welfare to work. Arms and Doorkeeper of the Senate who was American people, who overwhelmingly As a result of this agreement, fewer an employee in that office for at least 183 support strong work requirements, will days (whether or not service was continuous) children will be left home alone and during fiscal year 1995, and whose service in convince their States to enforce this more families will be able to obtain the that office is terminated on or after the date provision and not opt out. Senator child care they need in order to take this resolution is agreed to, but prior to Oc- DOLE, the bill’s sponsor, accepted the jobs to become self-sufficient. tober 1, 1995, shall be entitled to one lump principle and the goals of my amend- I am hopeful the progress we have sum payment consisting of severance pay in ment and it was adopted by a voice made on this issue will be preserved in the amount equal to 2 months of the individ- vote. conference with the House of Rep- ual’s basic pay at the rate in effect on Sep- A few moments ago, on behalf of my- resentatives. For welfare reform to be tember 1, 1995. self and Senator DOLE, a modification worthy of the name, it must not punish (b) The Secretary of the Senate shall make payments under this resolution from funds was sent to the desk and was adopted innocent children because they happen appropriated for fiscal year 1995 from the ap- by voice vote. This modification to my to be born poor. It must provide genu- propriation account ‘‘Salaries, Officers and earlier amendment will strengthen the ine opportunities for their parents to Employees’’ for salaries of officers and em- amendment by requiring that work re- find jobs. S 13674 CONGRESSIONAL RECORD — SENATE September 15, 1995 The agreement to drop the job train- they have the capacity to take the It may preserve it for current bene- ing provisions from the welfare reform truth. I agree with that. I believe, in ficiaries; it may strengthen it through package is a major victory for Ameri- fact, if we are going to have the debate reforms that have worked in the pri- ca’s workers. We have made good about Medicare that leads to construc- vate sector. Both of those appear to be progress on separate legislation to con- tive reform, that saves the system— in the general outline. But by no meas- solidate and reform the existing Fed- and, by the way, as importantly, slows urement, unless you consider that the eral job training system. That effort and fixes the percent of growth of all future only includes the next 7 years, will continue on a separate track. And entitlements as a percentage of our does this proposal protect it for future I am optimistic that we can reach bi- budget—then we are going to have to beneficiaries. It does not do that. It partisan agreement on this needed, far- come together present facts, tell the sees this as a 7-year problem. It does reaching reform. truth, and have the courage to do so. I not see it as a problem beyond that 7 I commend Senator KASSEBAUM for do not disagree with Speaker GING- years. her leadership. RICH’s observation in that regard. The problem that we have with enti- The current agreement enables us to But, as I said, I was somewhat pro- tlements—if anybody doubts that a keep faith with America’s workers and voked when he said that Democrats are Democrat is willing to propose some- keep the promises that we have made morally bankrupt, and that all we are thing that solves this problem, former to dislocated workers. Large numbers trying to do is frighten 85-year-olds Senator Danforth and I last year, after of men and women have lost their jobs who are concerned about this program. the conclusion of the entitlement com- or have been laid off as a result of Well, Mr. President, 85-year-olds are mission recommendation, made propos- international trade agreements, base quite nervous and concerned about als that would have fixed this problem closings, corporate downsizing, envi- what politicians are going to do with long term, that would have fixed not ronmental protection, and other eco- their Medicare Program, and I think only the Medicare trust funds but nomic disruptions. They deserve the understandably so. But it is not Demo- would have fixed it so that we do not chance to pick up the pieces of their crats that are causing them to be fear- see health care entitlements as well as lives and start anew, and sensible job ful. They are fearful, I would argue, other entitlements continuing to grow training and job education programs principally because they know some- and erode our entire Federal budget. can make that possible. thing needs to be done, and they are Mr. President, that is the most impor- Senator KASSEBAUM and many others not in the main sufficiently well fund- tant problem. on the other side of the aisle have ed personally to be able to cover the worked closely with us in this effort, costs of nursing home care or, for that I think we are closer to consensus on and I commend them for their leader- matter, most of the cost of modern many more things around here than ship. health care. And they are nervous. would sometimes meet the eye given I remain deeply troubled by the po- They are fearful. They are no longer the intensity of the political rhetoric. tential consequences for the most vul- able to produce and enjoy income, and, One of the things I believe that Demo- nerable in our society—poor children— as a consequence, they are extremely crats and Republicans now share, at if this so-called welfare reform bill vulnerable to all kinds of statements. least in a general sense as to what our passes, but these modifications are cer- So, again, I do not disagree with policies ought to be, is that our poli- tainly an improvement. These major Speaker GINGRICH and other Repub- cies ought to promote economic amendments on child care and job lican leaders that were talking yester- growth. We now understand that unless training have eased some of the most day about the need to present facts, we have gains in productivity, unless objectionable features of the welfare the need to present the truth, the need we have economic growth, it is rather bill, but I continue to have serious res- to have courage, and the need to trust difficult for us to do anything. ervations about the remaining provi- the American people that they can We see it in a recession. If you are in sions. handle the truth and the facts pre- a recession, the revenues are down; you I commend the leaders on both sides sented by politicians. have to cut your budget; you do not for their leadership shown on this But, Mr. President—I want to be have money for roads; you do not have issue. clear on this—my criticism of the Re- money for schools; you do not have Mr. KERREY addressed the Chair. publican proposal is not that it does money for health care; you do not have The PRESIDING OFFICER (Mr. too much; I am critical of the Repub- money for retirement. FRIST). The Senator from Nebraska is lican proposal because it does not do The source of our revenue, whether it recognized. enough. is for retirement or health care or any f Let me emphasis that, Mr. President. I believe that the proposal, the general other program that we fund, is the THE MEDICARE PRESERVATION outline of the proposal, because it sees goods and services that are manufac- ACT OF 1995 the problem through a 7-year budget tured and produced by the American Mr. KERREY. Mr. President, I have deficit plan—and that is what it is—it people, 117 million people in our econ- come to the floor to talk, I hope for the sees this Medicare problem through the omy. If they are productive and they Presiding Officer’s sake, briefly about view of the next 7 years. There is a are selling and our economy is grow- the proposal—the general outline of need to produce a sufficient amount of ing, that is the source of our revenue. the proposal—made yesterday by the savings over the next 7 years, and in It is the source of Medicare revenue. Republican leadership called the Medi- order to meet the balanced budget tar- The distinguished occupant of the care Preservation Act of 1995. The de- gets in the budget resolution, the law chair knows, not only a gifted surgeon tails are not yet available. It is a gen- now requires that be done. There are but designated as a lead Senator I be- eral outline. instructions for the Finance Commit- lieve for the Republicans in coming up Mr. President, I must say had I given tee to produce legislation that will get with some recommendations, under- this speech 7 or 8 hours ago, I probably that done. stands that the entire source of reve- would have been a lot hotter than I am There is a recommendation that will nue for part A comes from a payroll right now. I have cooled down since I probably, all in all, in the end, be con- tax. We have a tax on payroll. We also watched the video replay of Speaker sidered in reconciliation, unfortu- have income taxes that provide cur- GINGRICH’S rather remarkable—and I nately. But when you look at the prob- rently about 69 percent I believe of the would argue and observe, distasteful— lem for the next 7 years, you do not see total revenue of part B, the physician representation of the Democratic view the full size of the problem. services. In both of those cases, we of Medicare. Indeed, the Medicare Preservation have to have income. People are out At one point he said that Democrats Act of 1995 says that it will preserve there working in the workplace. We tax are morally bankrupt. That is as if say- the system for current beneficiaries, their wages to generate the money for ing we ought to approach the American protect it for future beneficiaries, and part A, to pay hospital bills, and we people about the truth, with the facts, strengthen it through reforms that tax their income to pay about 60 per- with the courage and with trust, that have worked in the private sector. cent, or almost 70 percent—it was 75— September 15, 1995 CONGRESSIONAL RECORD — SENATE S 13675 about 70 percent of the physician pay- the Federal Government into an ATM sume that the Democrats and Repub- ments come from taxes on people’s in- machine. All we will be doing is trans- licans and Congress can get together come. ferring money. All we will be doing is and say entitlements and net interest I make this point because it is that paying doctors or paying hospitals or should not be more than 70 percent of income that people produce in the pri- writing checks to retirees. That is all our total interest. That is approxi- vate sector which is our source to pay we will be doing. There will be no mately where Senator Danforth and I the doctor bills, to pay the hospital money left for defense, no money left ended up with our proposal. bills. If we were in a recession, if we for the courts, no money left for law When you get into that, you are talk- were not enjoying a recovery right enforcement. ing about the need to phase in a change now, if rates of productivity were not Mr. President, it is an unsustainable in the eligibility age from 65 to 70, per- up, we would not have nearly as much trend. It is an unsustainable trend. And haps providing an earlier eligibility, as money as we have to pay those entitle- we have to interrupt it, as the Speaker we did to 62, requiring a larger pay- ment obligations for hospitalization said, with courage and with honesty, ment for it, and allowing people to get and for physician services. although I saw some evidence of his un- insured, not making them wait until A very important beginning observa- willingness, I think, to hold to a very they are 70 to be eligible, but for full tion, Mr. President, very important, important standard in this entire de- program benefits, if you want to solve because what is happening in the Fed- bate. this long-term problem before the baby eral budget—and, again, there is con- The Republican proposal solves a 7- boomers start to go out. sensus, I believe, amongst Republicans year problem, a budget problem for the God help us if we wait. I mean, we do and Democrats. Although we may dis- next 7 years. It is going to be very in- not have the productive capacity to agree at the margin on some programs teresting to see what the trustees say generate the payroll tax revenue nor as to whether or not they are useful or as far as how many years’ additional the income tax revenue to get that necessary, I think there is general slack we get as a consequence of these done. When the baby-boom generation agreement that some expenditures on changes. Is it going to push the default starts to retire, the people working per the part of the Federal Government, date or the bankruptcy date, or what- retiree is going to drop again. It is al- some collecting of revenue that we do ever name you want to put on it, from most a 25-percent increase in the num- of taxpayer revenue and spending that 2002 back to 2005 or 2006? I guarantee it ber of retirees in a single decade in Ne- we do increases our productive capac- will not go much beyond 2008. braska while the population in general ity. Mr. President, as I said, worst of all, grows less than 2 percent. I am 52 years of age and started in the proposal does not say to the Amer- We have got a tremendous new class business in 1973 officially. I made a lot ican people that we have to fix the cost of retirees in my—and I do not know of money as a consequence of my par- of all entitlements—and health care is how old the occupant of the chair is. ents having built the interstate high- the biggest and most rapidly growing The occupant of the chair is sort of on way system with cash. It lowered my of all of them—we have to fix the cost the other edge of the baby-boom gen- cost of doing business. It enabled me to of these entitlement programs so we eration. When we retire, the people get products that I otherwise would not have the resources to be able to do— supporting us will say, ‘‘Oh, my gosh, have been able to get. My customers God willing, if Congress gets the cour- you guys are expensive. I didn’t realize could get to me easier than others. It age—the equivalent of the GI bill, the you cost so darn much.’’ We are going increased my business. That was an in- equivalent of the interstate highway to say, ‘‘Well, we have a COLA on our vestment. That was a collective invest- system, if we are willing to truly make retirements, health care is more expen- ment made with revenue we collected those kinds of investments that sive now, even in the managed care en- at the Federal level. We made it at the produce long-term benefits to future vironment.’’ local level. generations. Today we could not afford I heard on C–SPAN today the distin- It is not the only one. Many of us be- to do it, and in the future we are going guished occupant of the chair was fid- lieve that investments in education, in to be able to afford even less. dling, I guess, not long ago with a infrastructure, in sewer, in water, in Mr. President, this proposal does not member of the press and had a pace- research, many of us believe that there go far enough. And I emphasize that. I maker that he had invented and was are other investments that we can do not want any American—I watched trying to come up with a device that make, expenditures in people for their the news today and the sound bites, was small enough to get into a baby’s work out there—we collect the money Speaker GINGRICH and leader DOLE, and heart, because that is the kind of sur- and we spend it—that some of these ex- then leader DASCHLE and leader GEP- gery he does. penditures do in fact produce increases HARDT, and Haley Barbour, on where Even in a managed environment, in productivity and growth in our econ- are the Democrats and where are the that is going to be expensive. I hope omy, thus providing us with the reve- Republicans. The general perception is you are successful in being able to dis- nue to fund entitlements. being created early in the debate that cover a way to make that smaller for The year that the current chairman Republicans have a proposal and the those babies that need pacemakers. No of the Appropriations Committee, Sen- Democrats are opposed to it. matter what you do, if you want high ator HATFIELD, arrived in the U.S. Sen- Mr. President, I am not opposed to quality care, and I believe most Ameri- ate—and he is one of the best Senators changing Medicare at all. There is an cans want high quality health care, that I have had the privilege to meet urgent need to do so. But I feel very even in a managed environment, it is and to get to know—the year that he strongly on this issue that this pro- likely to be expensive. arrived in the Senate, as you look at posal does not go as far as we ought to. Mr. President, we are going to need the Federal budget, 70 percent of the I will not resist it because it cuts too people in the work force producing budget was voted on and appropriated much; I am going to resist it because higher wages, producing higher output and 30 percent was entitlement and net the focus is too narrow of a timeframe. to have the revenue that we need to interest. This year, it is 67 percent en- Mr. President, we do not have time pay for all of that. I daresay, if we do titlements and net interest and 33 per- on our side. The earlier we make ad- not do more than what is in this Medi- cent appropriated, voted on and au- justments on this, the easier it will be care Preservation Act of 1995, we are thorized. to fix the overall costs of entitlements going to wish we had. At the end of this budget resolution, and the more likely we will give bene- I am here on the floor, Mr. President, at the end of the 7-year period, we will ficiaries a time to plan. to say here is one Democrat that does be down to 25 percent for appropriated I will give you an example. If we can not look at the proposal and say you accounts and 75 percent for entitle- reach agreement that we ought to fix have done too much. This is one Demo- ments and net interest, and when the the overall cost of entitlements, if we crat that comes to the floor to say we baby boomers start to retire some 6 are going to say that to the American have not done enough. years after this budget resolution, it people, let us say we are going to fix it I have looked at the general outline drives clear off the charts. In approxi- at 70 percent. That is still three points and see there are no changes in what mately 15 years, we will have converted more than it currently is. Let us pre- the beneficiaries have to pay, other S 13676 CONGRESSIONAL RECORD — SENATE September 15, 1995 than I suspect 7, 10, 12—there is going We know we have a problem and we there are ways for us to increase pro- to be a higher part B premium in this know the problem is much more than a ductivity; that when we reach agree- thing and a means test that drops down 7-year budget problem. We are able to ment on what ought to be done, that to $75,000 a year. look at the numbers. Let us present we have the fiscal capacity to do it. I hope this does not degenerate to a the American people with the truth. Unless we take this proposal and situation where we are attacking that Let us give them the facts as the make it larger, I fear that all we are kind of proposal and try to score Speaker said we should. Let us have going to do is spend the next 60 days points. It seems to me we have to come the courage to give them all the facts. scoring perhaps some terrific and effec- to the American people and say, ‘‘All Otherwise, Mr. President, in very short tive political points on who is doing right, you made a good faith effort to order, we will not have Pell grants at what to whom on Medicare, but we will fix this thing inside the budget resolu- all, we will not have student loans at not have done what I consider to be an tion, but for those of us who have all, we will not have chapter 1, we will urgent task, and that is fixing this en- looked at this problem for a bit longer not have Head Start—all the sorts of titlement problem once and for all. period of time and a longer period of things this year we are anguishing be- I thank the distinguished occupant of time out in the future, it behooves us cause we do not have enough money to the chair for his patience. Again, I ap- to come and say, ‘‘I want to join this provide young people with, money they preciate very much his personal work battle but not on the outside only hav- need to go to college—by the way, a in health care and his political work ing to make a criticism.’’ cost that has gone up even faster than I hope that the Republican majority health care. We have families in Ne- now in health care. I hope, in fact, that will try to enlist people like myself braska taking out second mortgages on the leadership will open the doors a bit rather than trying to score this as a their homes so they can go to college. so those of us who do care deeply about Republican victory saying the Repub- We are cutting all that while we are this thing, who are willing to present licans alone are doing it. I hope you funding larger and larger increases for facts, who are willing to tell the truth, reach out to us. I hope leader DOLE is retirement and health care. who are willing to suck up and use a either listening or staff is listening to Mr. President, we cannot continue it. little bit of our political capital and this. Speaker GINGRICH, I forgive you I am standing here as a Democrat say- courage are given an opportunity to do for your intemperate remarks yester- ing I am willing to join with Repub- so. day. I am not going to stand on the licans if you go further. Let us not re- Mr. President, I yield the floor. floor of the Senate and say I am perma- treat from this proposal. Let us take it f nently angry, will not sit down and further to solve this long-term prob- meet with Speaker GINGRICH because lem, not only so that Medicare is pre- RECESS UNTIL MONDAY, he said I and other Democrats are mor- served for the long term, but so that SEPTEMBER 18, 1995, AT 9:45 A.M. ally bankrupt. We have a problem to we preserve our capacity to invest in solve. Deal us in and bring those of us— these young people who watch this oc- The PRESIDING OFFICER. Under and there are others on this floor. I casionally who ask us what we are the previous order, the Senate stands know Senator NUNN feels this way, going to do for their future. in recess until 9:45 a.m., Monday, Sep- Senator ROBB feels this way, Senator Let us make certain at the Federal tember 18. LIEBERMAN feels this way. There are level we have the capacity when we Thereupon, the Senate, at 3:31 p.m., many others. I am by no means an all- reach agreement, and very often we do, recessed until Monday, September 18, inclusive list. that education gets a job done; that 1995, at 9:45 a.m. Friday, September 15, 1995 Daily Digest Senate that have incomes below the poverty line and the Chamber Action amount of funding provided each State for such fam- Routine Proceedings, pages S13627–S13676 ilies. Page S13652 Measures Introduced: Six bills and one resolution (6) Bond Amendment No. 2499 (to Amendment were introduced, as follows: S. 1244–1249, and S. No. 2280), to establish that States shall not be pro- Res. 172. Page S13656 hibited by the Federal Government from sanctioning Measures Reported: Reports were made as follows: welfare recipients who test positive for use of con- S. 1244, making appropriations for the govern- trolled substances. Page S13652 ment of the District of Columbia and other activities (7) Grams Modified Amendment No. 2580 (to chargeable in whole or in part against the revenues Amendment No. 2280), to limit vocational edu- of said District for the fiscal year ending September cation activities counted as work. Page S13652 30, 1996, and for other purposes. (S. Rept. No. (8) McCain Amendment No. 2544 (to Amend- 104–144) Page S13656 ment No. 2280), to permit States to enter into a Measures Passed: corrective action plan prior to the deduction of pen- alties from the block grant. Page S13652 Severance Pay: Senate agreed to S. Res. 172, pro- (9) Dole (for Abraham) Amendment No. 2684 (to viding for severance pay. Page S13673 Amendment No. 2280), to increase grants to reward Family Self-Sufficiency Act: Senate continued con- States that reduce out-of-wedlock births. Page S13652 sideration of H.R. 4, to restore the American family, Rejected: reduce illegitimacy, control welfare spending and re- (1) By 41 yeas to 58 nays (Vote No. 429), Binga- duce welfare dependence, with a committee amend- man Modified Amendment No. 2484 (to Amend- ment in the nature of a substitute, taking action on ment No. 2280), to provide funding for State pro- amendments proposed thereto, as follows: grams for the treatment of drug addiction and alco- Pages S13627±53 holism. Pages S13628±29, S13634 Adopted: (2) By 37 yeas to 63 nays (Vote No. 430), Simon (1) Bingaman Modified Amendment No. 2483 (to Modified Amendment No. 2468 (to Amendment Amendment No. 2280), to require the development No. 2280), to provide grants for the establishment of a strategic plan for a State family assistance pro- of community works progress programs. gram. Page S13628 Pages S13629±32, S13634 (2) Wellstone Modified Amendment No. 2503 (to (3) By 49 yeas to 51 nays (Vote No. 431), Amendment No. 2280), to prevent an increase in Wellstone Amendment No. 2505 (to Amendment the number of hungry children in states that elect No. 2280), to express the sense of the Senate regard- to participate in a food assistance block grant pro- ing continuing medicaid coverage for individuals gram. Page S13632 who lose eligibility for welfare benefits because of (3) Kennedy Modified Amendment No. 2564 (to more earnings or hours of employment. Amendment No. 2280), to grant the Attorney Gen- Pages S13632±35 eral flexibility in certain public assistance determina- (4) By 47 yeas to 53 nays (Vote No. 432), Kohl tions for immigrants. Pages S13636±37 Amendment No. 2550 (to Amendment No. 2280), (4) Bryan Amendment No. 2552 (to Amendment to exempt the elderly, disabled, and children from No. 2280), to provide that a recipient of welfare an optional State food assistance block grant. benefits under a means-tested program for which Pages S13635±36 Federal funds are appropriated is not unjustly en- (5) By 35 yeas to 64 nays (Vote No. 433), Simon riched as a result of defrauding another means-tested Amendment No. 2509 (to Amendment No. 2280), welfare or public assistance program. Page S13652 to eliminate retroactive deeming requirements for (5) Graham Amendment No. 2567 (to Amend- those legal immigrants already in the United States. ment No. 2280), to provide that the Secretary, in Pages S13637±39 ranking States with respect to the success of their (6) By 23 yeas to 76 nays (Vote No. 434), Gra- work programs, shall take into account the average ham Amendment No. 2568 (to Amendment No. number of minor children in families in the State 2280), to set national work participation rate goals D 1099 D 1100 CONGRESSIONAL RECORD — DAILY DIGEST September 15, 1995 and to provide that the Secretary shall adjust the programs for the fiscal year ending September 30, goals for individual States based on the amount of 1996, on Monday, September 18, 1995. Page S13653 Federal funding the State receives for minor children Workforce Development Act—Agreement: A in families in the State that have incomes below the unanimous-consent time-agreement was reached pro- poverty line. Pages S13639±40, S13646 viding for consideration of S. 143, to consolidate (7) Gramm Modified Amendment No. 2617 (to Federal employment training programs and create a Amendment No. 2280), to prohibit the use of Fed- new process and structure for funding the programs, eral funds for legal challenges to welfare reform. (By and certain amendments to be proposed thereto. 51 yeas to 47 nays (Vote No. 435), Senate tabled the Page S13650 amendment.) Pages S13636, S13640±42 Appointments: (8) By 44 yeas to 48 nays (Vote No. 437), Advisory Committee on Student Financial As- Daschle/Kennedy Amendment No. 2682, to permit sistance: The Chair, on behalf of the President pro States to provide non-cash assistance to children in- tempore, pursuant to Public Law 99–498, appointed eligible for aid because of the 5-year time limitation. Dr. Robert Kelly, of Kansas, to the Advisory Com- Pages S13644±46 mittee on Student Financial Assistance for a three- Pending: year term effective October 1, 1995. Page S13627 Dole Modified Amendment No. 2280, of a per- Communications: Page S13656 fecting nature. Pages S13627±53 Statements on Introduced Bills: Pages S13656±67 Gramm Modified Amendment No. 2615 (to Amendment No. 2280), to reduce the Federal wel- Additional Cosponsors: Page S13667 fare bureaucracy. (By 49 yeas to 49 nays (Vote No. Amendments Submitted: Pages S13667±70 436), Senate earlier failed to table the amendment.) Authority for Committees: Pages S13670±71 Pages S13642±44 Notices of Hearings: Page S13671 Dole/Daschle Amendment No. 2683 (to Amend- ment No. 2280), to make certain modifications. Additional Statements: Pages S13671±72 Pages S13646±52 Record Votes: Ten record votes were taken today. During consideration of this measure today, Senate (Total–438) also took the following action: Pages S13634±36, S13639±40, S13642±43, S13645±46 By 50 yeas to 44 nays (Vote No. 437), Senate Recess: Senate convened at 9:15 a.m., and recessed agreed to a motion to strike Bradley Amendment at 3:31 p.m., until 9:45 a.m., on Monday, Septem- No. 2496 (to Amendment No. 2280), to modify the ber 18, 1995. (For Senate’s program, see the remarks provisions regarding the State plan requirements, of the Majority Leader in today’s RECORD on page previously agreed to on Thursday, September 14, S13653.) 1995. Pages S13644±45 Stevens/Murkowski Amendment No. 2585 (to Committee Meetings Amendment No. 2280), to provide that Indian tribes in Alaska that opt to operate a program under (Committees not listed did not meet) a tribal family assistance plan operate such plan in APPROPRIATIONS—LABOR/HHS/ accordance with requirements applicable to Alaska’s EDUCATION program, as previously agreed to, was modified. Committee on Appropriations: Committee ordered favor- Page S13652 ably reported, with amendments, H.R. 2127, mak- Levin Modified Amendment No. 2486 (to ing appropriations for the Departments of Labor, Amendment No. 2280), to require recipients of as- Health and Human Services, and Education, and re- sistance under a State program funded under part A lated agencies for the fiscal year ending September to title IV of the Social Security Act to participate 30, 1996. in State mandated community service activities if NATIONAL PARK SERVICE REFORM they are not engaged in work after 6 months of re- Committee on Energy and Natural Resources: Committee ceiving benefits, as previously agreed to, was further held hearings on S. 309, S. 907, S. 964, and S. modified. Pages S13652±53 1144, bills to reform and enhance the management A unanimous-consent time-agreement was reached of the National Park Service, receiving testimony providing for further consideration of the bill and from Senator Bennett; Roger G. Kennedy, Director, amendments pending thereto, on Tuesday, Septem- National Park Service, Department of the Interior; ber 19, 1995, with votes to occur thereon. Mark A. Reimers, Deputy Chief for Programs and Page S13653 Legislation, Forest Service, Department of Agri- Agriculture Appropriations, 1996—Agreement: culture; William J. Chandler, National Parks and A unanimous-consent agreement was reached provid- Conservation Association, James D. Santini, Travel ing for the consideration of H.R. 1976, making ap- and Tourism Government Affairs Council, and propriations for Agriculture, Rural Development, Thom Hall, National Tour Association, all of Wash- Food and Drug Administration, and related agencies ington, D.C.; Joseph K. Fassler, Restaura, Inc., September 15, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 1101 Phoenix, Arizona, on behalf of Glacier Park, Inc., RUBY RIDGE and the National Park Hospitality Association; Cur- Committee on the Judiciary: Subcommittee on Terror- tis E. Cornelssen, Landauer Associates, Boston, Mas- ism, Technology, and Government Information con- sachusetts; George W. Smith, Bank of America, Las tinued hearings to examine certain Federal law en- Vegas, Nevada; David Brown, America Outdoors, forcement actions with regard to the 1992 incident Knoxville, Tennessee; Deanne Adams, Association of at Ruby Ridge, Idaho, receiving testimony from National Park Rangers, Seattle, Washington; Harry Larry T. Cooper, Supervisory Deputy, Arthur D. Mosgrove, Copper Mountain Ski Resort, Colorado, Roderick, Supervisory Inspector, David A. Hunt, on behalf of the National Ski Areas Association; and Senior Deputy, Joseph B. Thomas, Deputy, and Timothy H. Beck, Sno Engineering, Inc., Littleton, Francis Norris, Inspector, all of the United States New Hampshire. Marshals Service, Department of Justice; and Mau- Hearings were recessed subject to call. rice O. Ellsworth, former United States Attorney for the District of Idaho. Hearings continue on Tuesday, September 19. h House of Representatives Committee on Armed Services: September 18, closed busi- Chamber Action ness meeting, to consider recommendations which it will The House was not in session today. It will meet make to the Committee on the Budget with respect to next at 10:30 a.m. on Monday, September 18. spending reductions and revenue increases to meet rec- onciliation expenditures as imposed by H. Con. Res. 67, setting forth the Congressional Budget for the United Committee Meetings States Government for fiscal years 1996, 1997, 1998, No Committee meetings were held. 1999, 2000, 2001, and 2002, 3 p.m., SR–222. September 21, Full Committee, to hold hearings on f the nomination of Gen. John M. Shalikashvili, USA, for CONGRESSIONAL PROGRAM AHEAD reappointment as Chairman of the Joint Chiefs of Staff, 9:30 a.m., SR–222. Week of September 18 through 23, 1995 Committee on Banking, Housing, and Urban Affairs: Sep- tember 19, to hold hearings on proposed legislation relat- Senate Chamber ing to public housing reform, 9:30 a.m., SD–538. On Monday and Tuesday, Senate will consider H.R. Committee on the Budget: September 19, to hold joint 1976, Agriculture Appropriations, following which hearings with the House Committee on the Budget to ex- Senate will consider H.R. 2076, Commerce, Justice, amine fiscal year 1996 Government operations during State, the Judiciary Appropriations, 1996. funding hiatus, 9:30 a.m., SD–106. Also, on Tuesday, Senate will resume consider- Committee on Commerce, Science, and Transportation: Sep- tember 21, business meeting, to consider recommenda- ation of H.R. 4, Welfare Reform, with final passage tions which it will make to the Committee on the Budg- to occur thereon. et with respect to spending reductions and revenue in- During the balance of the week, Senate may con- creases to meet reconciliation expenditures as imposed by sider further appropriations, including H.R. 1868, H. Con. Res. 67, setting forth the congressional budget Foreign Operations, 1996, and Conference reports, for the United States Government for fiscal years 1996, when available; and 1997, 1998, 1999, 2000, 2001, and 2002, 9:30 a.m., Any cleared legislative and executive business. SR–253. (Senate will recess on Tuesday, September 19, 1995, Committee on Energy and Natural Resources: September from 12:30 until 2:15 p.m. for respective party con- 20, business meeting, to consider pending calendar busi- ferences.) ness, 9:30 a.m., SD–366. Committee on Environment and Public Works: September Senate Committees 19, business meeting, to consider the nomination of (Committee meetings are open unless otherwise indicated) Greta Joy Dicus, of Arkansas, to be a Member of the Nu- Committee on Agriculture, Nutrition, and Forestry: Septem- clear Regulatory Commission, and reconciliation issues, ber 19, business meeting, to consider recommendations 9:30 a.m., SD–406. which it will make to the Committee on the Budget with Committee on Foreign Relations: September 21, Sub- respect to spending reductions and revenue increases to committee on African Affairs, to hold hearings to exam- meet reconciliation expenditures as imposed by H. Con. ine the situation in Liberia, 2 p.m., SD–419. Res. 67, setting forth the congressional budget for the Committee on Governmental Affairs: September 19, busi- United States Government for fiscal years 1996, 1997, ness meeting, to consider recommendations which it will 1998, 1999, 2000, 2001, and 2002, 9 a.m., SR–328. make to the Committee on the Budget with respect to D 1102 CONGRESSIONAL RECORD — DAILY DIGEST September 15, 1995 spending reductions and revenue increases to meet rec- 3. H. Res. 181, Encouraging the Peace Process in onciliation expenditures as imposed by H. Con. Res. 67, Sri Lanka; setting forth the congressional budget for the United States Government for fiscal years 1996, 1997, 1998, 4. H. Res. 158, Congratulating the People of 1999, 2000, 2001, and 2002, 2:30 p.m., SD–342. Mongolia; Committee on the Judiciary: September 19, 20 and 21, 5. H. Con. Res. 42, Supporting Dispute Resolu- Subcommittee on Terrorism, Technology, and Govern- tion in Cyprus; ment Information, to resume hearings to examine certain 6. H.R. 1091, Shenandoah Valley National Battle- Federal law enforcement actions with regard to the 1992 fields Partnership Act of 1995; incident at Ruby Ridge, Idaho, Tuesday at 10 a.m., Wednesday at 2 p.m. and Thursday at 2 p.m., SD–G50. 7. H.R. 260, National Park System Reform Act September 20, Full Committee, to hold hearings on S. of 1995; 483, to amend Federal copyright provisions regarding 8. H.R. 402, Alaska Native Claims Settlement preemption of laws concerning duration of copyrights, 10 Amendments; a.m., SD–226. 9. H.R. 1872, Ryan White Care Act Amend- September 21, Full Committee, business meeting, to ments of 1995; consider pending calendar business, 10 a.m., SD–226. September 22, Subcommittee on Constitution, Federal- 10. H.R. 558, Texas Low-Level Radioactive Waste ism, and Property Rights, to resume hearings to examine Disposal Compact Consent Act; and the status and future of affirmative action, focusing on 11. H.R. 1296, Providing for the Administration minority contracting, 10 a.m., SD–226. of Certain Presidio Properties; and Committee on Labor and Human Resources: September 20, Consideration of H.R. 39, Fisheries Conservation business meeting, to consider recommendations which it will make to the Committee on the Budget with respect and Management Act (subject to a unanimous-con- to spending reductions and revenue increases to meet rec- sent agreement). onciliation expenditures as imposed by H. Con. Res. 67, Tuesday and the balance of the week, Consideration setting forth the Congressional Budget for the United of H.R. 1617, Careers Act (subject to a rule being States Government for fiscal years 1996, 1997, 1998, granted); 1999, 2000, 2001, and 2002, to mark up H.R. 1180, to H.R. 927, Cuban Liberty and Democratic Solidar- provide for health performance partnerships, and S. 1221, to authorize appropriations for the Legal Services Corpora- ity Act of 1995 (subject to a rule being granted); tion, and to consider pending nominations, 9:30 a.m., H.R. 2274, National Highway System Designa- SD–430. tion Act of 1995 (subject to a rule being granted); Committee on Small Business: September 19 and 20, to and hold hearings to examine tax issues impacting small busi- H.R. 1323, Pipeline Safety Act of 1995 (subject ness, 2:30 p.m., SR–428A. to a rule being granted). Committee on Veterans Affairs: September 19, to hold joint hearings with the House Committee on Veterans’ NOTE.—Conference reports may be brought up at Affairs to review the legislative recommendations of the any time. Any further program will be announced American Legion, 9:30 a.m., 334 Cannon Building. later. September 20, Full Committee, business meeting, to consider recommendations which it will make to the House Committees Committee on the Budget with respect to spending re- Committee on Agriculture, September 20, to consider ductions and revenue increases to meet reconciliation ex- Budget Reconciliation, 9:30 a.m., 1300 Longworth. penditures as imposed by H. Con. Res. 67, setting forth Committee on Appropriations, September 19, Subcommit- the Congressional Budget for the United States Govern- tee on the District of Columbia, to mark up fiscal year ment for fiscal years 1996, 1997, 1998, 1999, 2000, 1996 appropriations, 2 p.m., H–144 Capitol. 2001, and 2002, and to consider other pending business, Committee on Banking and Financial Services, September 10 a.m., SR–418. 19, to consider Budget Reconciliation recommendations, Committee on Indian Affairs: September 20, to hold over- 10 a.m., 2128 Rayburn. sight hearings on the implementation of Title III of the September 21, Subcommittee on Financial Institutions National Indian Forest Resources Management Act (P.L. and Consumer Credit, to mark up a measure relating to 101–630); and to consider the nomination of Paul M. the reform of the deposit insurance system and the merg- Homan, of the District of Columbia, to be Special Trust- er of the bank and thrift charters, 10 a.m., 2128 Ray- ee, Office of Special Trustee for American Indians, De- burn. partment of the Interior, 9:30 a.m., SR–485. Committee on Commerce, September 19, to continue mark Select Committee on Intelligence: September 20, to hold up of Department of Commerce Abolition and to begin hearings to examine intelligence roles and missions, 9:30 markup of Power Marketing Administrations for trans- a.m., SD–G50. mittal to the Committee on the Budget for inclusion in House Chamber Budget Reconciliation, 10 a.m., 2123 Rayburn. September 20, 21, and 22, to mark up a measure enti- Monday, Consideration of the following 11 Sus- tled ‘‘Transformation of the Medicaid Program’’, 10 a.m., pensions: 2123 Rayburn. 1. S. 464, Extension of District Court Demonstra- Committee on Government Reform and Oversight, September tion Projects; 19, Subcommittee on Government Management, Informa- 2. S. 532, Clarifying Rules Governing Venue; tion, and Technology, to mark up the following bills: September 15, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 1103

Title I of H.R. 1756, Department of Commerce Disman- in Gloucester, MA; and to hold an oversight hearing on tling Act; and H.R. 2234, Debt Collection Improvement Fish Hatcheries, 10 a.m., 1334 Longworth. Act of 1995, 10 a.m., 2154 Rayburn. Committee on Rules, September 18, to consider the fol- September 20, Subcommittee on Human Resources and lowing: H.R. 927, Cuban Liberty and Democratic Soli- Intergovernmental Relations, to continue hearings on darity Act of 1995; and H.R. 1617, Consolidated and H.R. 2086, Local Empowerment and Flexibility Act of Reformed Education, Employment, and Rehabilitation 1995, (Part II) 10 a.m., 2247 Rayburn. Systems Act, 4 p.m., H–313 Capitol. September 20, Subcommittee on National Economic September 19, to consider the following: H.R. 2274, Growth, Natural Resources, and Regulatory Affairs, hear- National Highway System Designation Act of 1995; and ing on Taxpayer-funded Political Advocacy, 10 a.m., H.R. 1323, Pipeline Safety Act of 1995, 10 a.m., H–313 2154 Rayburn. Capitol. September 21, full Committee, to mark up the follow- Committee on Science, September 20, Subcommittee on ing bills: H.R. 1756, Department of Commerce Disman- Energy and Environment, hearing on Stratospheric Ozone: tling Act (Title I); H.R. 2234, Debt Collection Improve- Myths and Realities, 9:30 a.m., 2318 Rayburn. ment Act of 1995; and S. 790, Federal Reports Elimi- Committee on Standards of Official Conduct, September 18, nation and Sunset Act of 1995, 9 a.m., 2154 Rayburn. executive, to continue to take testimony regarding the Committee on International Relations, September 19, to ethics investigation of Speaker Gingrich, 5 p.m., HT–2M mark up the following: Response to the House’s Rec- Capitol. onciliation Instructions; Recommendations with respect to the Dismantlement of the Department of Commerce; Committee on Veterans’ Affairs, September 20, to mark H.R. 2070, to provide for the distribution within the up the following: report to the Committee on the Budget United States of the U.S. Information Agency film enti- of legislative recommendations for reconciliation; a meas- tled ‘‘Fragile Ring of Life;’’ and a measure to authorize ure to grant a disability compensation and DIC COLA to the Transfer of Naval Vessels to Certain Foreign Coun- eligible veterans; a measure including provisions on VA tries, 10 a.m., 2172 Rayburn. housing programs, USERRA and the Department of La- Committee on the Judiciary, September 19, 20, and 21, bor’s VETS program; and H.R. 2219, to amend title 38, to mark up H.R. 2202, Immigration in the National In- United States Code, to extend certain expiring authorities terest Act of 1995, 9:30 a.m., 2141 Rayburn. of the Department of Veterans Affairs, 10 a.m., 334 Can- Committee on National Security, September 20, to mark non. up reconciliation recommendations, 11 a.m., 2118 Ray- Committee on Ways and Means, September 18, 19, and burn. 20, to mark up Budget Reconciliation recommendations: Committee on Resources, September 19, to mark up Budg- revenue items, 5 p.m., on September 18 and 10 a.m., on et Reconciliation, 11 a.m., 1324 Longworth. September 19 and 20, 1100 Longworth. September 19, Subcommittee on National Parks, For- September 21, hearing on Saving Medicare, 10 a.m., ests and Lands, hearing on the following bills: H.R. 1100 Longworth. 1129, to amend the National Trails Systems Act to des- Joint Meetings ignate the route from Selma to Montgomery as a Na- tional Historic Trail; and H.R. 924, to prohibit the Sec- Joint hearing: September 19, Senate Committee on the retary of Agriculture from transferring any National For- Budget, to hold joint hearings with the House Commit- est System lands in the Angeles National Forest in Cali- tee on the Budget to examine fiscal year 1996 Govern- fornia out of Federal ownership for use as a solid waste ment operations during funding hiatus, 9:30 a.m., landfill, 9 a.m., 1334 Longworth. SD–106. September 20, full Committee, hearing on H.R. 2275, Joint hearing: September 19, Senate Committee on Vet- Endangered Species Conservation and Management Act of erans Affairs, to hold joint hearings with the House Com- 1995, 11 a.m., 1324 Longworth. mittee on Veterans’ Affairs to review the legislative rec- September 21, Subcommittee on Fisheries, Wildlife ommendations of the American Legion. , 9:30 a.m., 334 and Oceans, hearing on the following: H.R. 33, Stuttgart Cannon Building. National Aquaculture Research Center Act of 1995; H.R. Commission on Security and Cooperation in Europe: Septem- 1358, to require the Secretary of Commerce to convey to ber 19, to hold hearings to examine issues affecting Unit- the Commonwealth of Massachusetts the National Marine ed States-Turkish relations, including human rights and Fisheries Service Laboratory located on Emerson Avenue the Kurdish situation, 10 a.m., B352 Rayburn Building. D 1104 CONGRESSIONAL RECORD — DAILY DIGEST September 15, 1995

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:45 a.m., Monday, September 18 10:30 a.m., Monday, September 18

Senate Chamber House Chamber Program for Monday: After the transaction of any Program for Monday: Consideration of the following 11 morning business (not to extend beyond 10 a.m.), Senate Suspensions: will consider H.R. 1976, Agriculture Appropriations, 1. S. 464, Extension of District Court Demonstration 1996. Projects; 2. S. 532, Clarifying Rules Governing Venue; 3. H. Res. 181, Encouraging the Peace Process in Sri Lanka; 4. H. Res. 158, Congratulating the People of Mongo- lia; 5. H. Con. Res. 42, Supporting Dispute Resolution in Cyprus; 6. H.R. 1091, Shenandoah Valley National Battlefields Partnership Act of 1995; 7. H.R. 260, National Park System Reform Act of 1995; 8. H.R. 402, Alaska Native Claims Settlement Amend- ments; 9. H.R. 1872, Ryan White Care Act Amendments of 1995; 10. H.R. 558, Texas Low-Level Radioactive Waste Disposal Compact Consent Act; and 11. H.R. 1296, Providing for the Administration of Certain Presidio Properties; and Consideration of H.R. 39, Fisheries Conservation and Management Act (subject to unanimous-consent agree- ment).

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