[Congressional Record Volume 140, Number 108 (Monday, August 8, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: August 8, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
  DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND 
                  RELATED AGENCIES APPROPRIATIONS ACT

  The Senate continued with the consideration of the bill.
  Mr. HELMS addressed the Chair.
  The PRESIDING OFFICER. The Senator from North Carolina is recognized.


    Amendment No. 2466 to the Committee Amendment on Page 63, line 5

      (Purpose: To express the sense of the Senate regarding the 
      congressional timetable for considering health care reform)

  Mr. HELMS. Madam President, my understanding is that under a previous 
unanimous-consent all amendments to committee amendments must be 
submitted by noon today. Is that correct?
  The PRESIDING OFFICER. The Senator is correct.
  Mr. HELMS. I have such an amendment, and I call it up and I ask that 
it be stated.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows.

       The Senator from North Carolina [Mr. Helms] proposes an 
     amendment numbered 2466 to the committee amendment on page 
     63.

  Mr. HELMS. Madam President, I ask unanimous consent that reading of 
the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       At the appropriate place, add the following:

     SEC.  . RESPONSIBLE HEALTH CARE REFORM.

       (a) Findings.--The Senate finds that--
       (1) health care reform proposals to be considered in August 
     1994 in the Senate and the House of Representatives will 
     significantly affect the health care received by each and 
     every American;
       (2) such health care reform proposals impose many new and 
     increased taxes which will be borne by all working Americans;
       (3) all health care reform proposals that require employers 
     to purchase and pay for health insurance for their employees 
     will result in hundreds of thousands of Americans losing 
     their jobs;
       (4) most Americans oppose having the Federal Government 
     force everyone to buy a standard package of health insurance 
     coverage that is the same for everyone, regardless of age, 
     gender, or religion;
       (5) an overwhelming majority of Americans believe that 
     Congress should change only those parts of the health care 
     system that do not work and avoid getting the Federal 
     Government more involved in health care than it already is;
       (6) an overwhelming majority of Americans have stated their 
     belief that health care reforms being considered by Congress 
     will lead to health care rationing;
       (7) by a wide margin, the American people prefer that 
     rather than rush to enact a health reform bill in 1994, 
     Congress should take time to debate this issue and do it 
     right, even if that means putting off passing a bill until 
     next year;
       (8) despite the wishes of the American people, the 
     congressional leadership has imposed arbitrary deadlines on 
     the consideration of health care reform by both Houses of 
     Congress;
       (9) in our democracy, the American people should have 
     maximum input into the manner in which health care is 
     reformed; and
       (10) the mid-term congressional elections will provide the 
     American people with a means to express their voices on the 
     shape that health care reform should take.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that major health care reform is too important to enact in a 
     rushed fashion, and Congress should take whatever time is 
     necessary to do it right by deferring action until next year 
     to give Congress and the American people ample time to 
     obtain, read, and consider and alternatives and make wise 
     choices.

  Mr. HELMS. I hope that those watching on C-SPAN will take note of the 
telephone number here: 1-202-224-3121, because you may want to write 
that number down if you are listening out across America, because I am 
going to tell you a little bit about health care and the confusion that 
exists in this city about the welter of plans coming at us from all 
sides.
  Before I get to health care reform, let me take brief note of the 
attack upon a distinguished North Carolinian, a splendid friend of 
mine, and able Federal judge, Dave Sentelle. I regret that Senator 
Metzenbaum felt inclined to attack Judge Sentelle. Senator Metzenbaum 
undoubtedly has many qualifications, but he is not qualified to attack 
Judge Sentelle. And I will go no further, except to acknowledge that 
Senator Metzenbaum did attack Judge Sentelle and that I regret it. 
Senator Metzenbaum had no cause, reason, or justification for what he 
said.
  Now, then, as to the amendment.
  Mr. GRAHAM. Madam President, will the Senator from North Carolina 
yield for a question?
  The PRESIDING OFFICER. The Senator from North Carolina has the floor.
  Mr. HELMS. Well, I really do not want to yield, but since it is the 
distinguished Senator from Florida, I will.
  Mr. GRAHAM. I say to my friend and colleague, I do not wish to 
interrupt, but we have until noon to offer amendments on the pending 
appropriations bill. I wonder if the Senator would indicate how long 
his remarks are likely to last.
  Mr. HELMS. I will say to the Senator that if I yield to him, which I 
am perfectly willing to do, I will go far past the hour of noon, which 
is the bewitching hour. If he wishes, I will yield the floor to him so 
that he can call up his amendment after laying aside mine temporarily, 
so it will qualify under the unanimous-consent. I yield to the Senator 
for that purpose.
  The PRESIDING OFFICER. The Chair would advise the Senator from North 
Carolina that there is a unanimous-consent agreement that the Senator 
from Iowa is to be recognized at 11:45 and the Senator from 
Pennsylvania at 11:50. That is in order for them to offer amendments to 
the pending legislation.
  Mr. HARKIN. Madam President, has the hour of 11:45 arrived?
  The PRESIDING OFFICER. There is approximately 20 seconds remaining.
  Mr. GRAHAM. Madam President, did the Senator from North Carolina 
yield to me for purposes of offering an amendment?
  Mr. HELMS. Of course. Madam President, I have already said that I do, 
and I do so with great pleasure, but I do not quite understand what the 
Chair said about 11:45.
  The PRESIDING OFFICER. There is a unanimous-consent order that at 
11:45 the Senator from Iowa will be recognized to offer amendments to 
the pending legislation, and at 11:50 the Senator from Pennsylvania 
will be recognized to offer amendments to the pending legislation.
  Mr. SPECTER. Madam President, parliamentary inquiry. Will the Senator 
from North Carolina have an opportunity then--he has already offered 
his amendment, so he is secure under the ruling--will have an 
opportunity to have whatever discussion he wishes following the 
conclusion of the remarks referred to?
  Mr. HELMS. Certainly.
  The PRESIDING OFFICER. The Senator's amendment is pending and there 
will be time for discussion after the hour of noon.
  Mr. HELMS. If the Senator will----
  Mr. HARKIN. Regular order, Madam President.
  Mr. HELMS. Propound a unanimous consent, I certainly will not object.
  The PRESIDING OFFICER. The hour of 11:45 having arrived, the Senator 
from Iowa is recognized to offer his amendments.


                           Amendment No. 2467

       (Purpose: To make technical corrections)

  Mr. HARKIN. Madam President, I have one technical amendment I send to 
the desk and ask for its immediate consideration. The amendment 
conforms the bill to correctly match the committee report and 
accompanying table. It also updates the education portions of the bill 
to reference Senate-passed legislation instead of Senate-reported 
legislation. That has been cleared on both sides.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows.

       The Senator from Iowa [Mr. Harkin] proposes an amendment 
     numbered 2467.

  Mr. HARKIN. Madam President, I ask unanimous consent that reading of 
the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       On page 3, line 1, strike ``$5,049,267,000'' and insert in 
     lieu thereof: $5,234,055,000.
       On page 53, strike line 8 and all before the second comma 
     on line 9 and insert in lieu thereof: ``passed the Senate on 
     August 2, 1994''.
       On page 54, line 2, strike ``reported'' and all that 
     follows before the second comma on line 3, and insert in lieu 
     thereof: ``passed the Senate on August 2, 1994''.
       On page 54, line 13, strike ``reported'', and all that 
     follows before the semicolon on line 14, and insert in lieu 
     thereof: ``passed the Senate on August 2, 1994''.
       On page 54, line 18, strike ``$1,164,849,000'' and insert 
     in lieu thereof: ``$1,264,849,000''.
       On page 55, line 1, after the comma, insert the following: 
     $13,000,000 shall be for part A of title VIII,''.
       On page 55, strike line 11, and all that follows before 
     second comma on line 12, and insert in lieu thereof: ``passed 
     the Senate on August 2, 1994''.
       On page 59, line 20, after the ``,'' insert the 
     following:'' to be administered by the Secretary of 
     Education,''.
       On page 63, line 6, strike ``as'', and all that follows 
     before the semicolon on line 7, and insert the following: 
     ``as passed the Senate on August 2, 1994''.
       On page 63, line 8, strike all after the comma, and on line 
     9 strike all before the semicolon, and insert in lieu 
     thereof: ``as passed the Senate on August 2, 1994''.
       On page 63, line 13, after the semicolon, insert the 
     following: ``$43,000,000 shall be for the Fund for the 
     Improvement of Education, including''.
       On page 63, line 13, strike ``shall be''.
       On page 63, line 14, strike the semicolon, and insert in 
     lieu thereof: ``,'' and strike ``shall be for part K'' and 
     insert in lieu thereof: ``for Elementary School Counseling 
     Demonstrations,''.
       On page 63, line 15, strike the first ``of''.
       On page 63, strike line 17 and all before the semicolon on 
     line 18, and insert in lieu thereof: ``as passed the Senate 
     on August 2, 1994''.
       On page 64, line 1, strike ``as'' and all that follows 
     before the semicolon on line 2 and insert in lieu thereof: 
     ``as passed the Senate on August 2, 1994''.
       On page 64, line 5, strike the second ``as'' and all that 
     follows before the period on line 7, and insert in lieu 
     thereof: ``as passed the Senate on August 2, 1994''.

  The PRESIDING OFFICER. The question is on agreeing to the amendment.
  So the amendment (No. 2467) was agreed to.
  Mr. HARKIN. Madam President, I move to reconsider the vote.
  Mr. SPECTER. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 2468

        (Purpose: To make the bill consistent with CBO scoring)

  Mr. HARKIN. Madam President, I send an amendment to the desk and ask 
for its immediate consideration. It adds a provision to the bill which 
would make the bill consist with the the CBO scoring. I urge adoption 
of the amendment. It has been cleared on both side.
  The PRESIDING OFFICER. The clerk bill report.
  The assistant legislative clerk read as follows.

       The Senator from Iowa [Mr. Harkin] proposes an amendment 
     No. 2468.

  Mr. HARKIN. Madam President, I ask unanimous consent that reading of 
the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       On page 55, line 20, strike ``$3,045,425,000'' and insert 
     in lieu thereof: ``$2,753,300,000''.
       On page 55, line 22, before the period, insert the 
     following: ``, of which $292,125,000 for section 686 shall 
     become available for obligation on September 30, 1995, and 
     shall remain available through September 30, 1996''.

  The PRESIDING OFFICER. Is there further debate? If not, the question 
is on agreeing to the amendment.
  So the amendment (No. 2468) was agreed to.
  Mr. HARKIN. Madam President, I move to reconsider the vote.
  Mr. SPECTER. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


  Amendments No. 2469, 2470, 2471, 2472, 2473, 2474, 2475, 2476, and 
                             2477, en bloc.

  Mr. HARKIN. Madam President, on behalf of Members, I send to the desk 
several amendments that are acceptable, and I ask unanimous consent 
that they be considered en bloc.
  The first amendment, which I am offering on behalf of Mr. Kohl, 
allows a demonstration project on employment in Milwaukee to proceed.
  On behalf of Senator Bryan, I offer an amendment which allows the HHS 
Office of Inspector General to share in the net proceeds of the assets 
that are seized and forfeited during investigations in which that 
office participates.
  For Senator Grassley and myself, I offer an amendment that ensures 
that the Office of the Inspector General at the Department of Health 
and Human Services be reimbursed for any costs it incurs for providing 
security for the Secretary of HHS.
  I have a four-part amendment which identifies amounts within the fund 
for the Improvement of Education, as follows: Senator Kennedy's 
amendment to provide $125,000 for the National Student and Parent Mock 
Election; and for Senators Domenici, Pell, Mikulski, Dodd, and Dorgan, 
$1,000,000 for the Partnership in Character Education pilot project. 
For Senators Chafee and Pell, $500,000 for model scholar athlete games. 
For Senator Jeffords, $900,000 for 21st Century Community Learning 
Centers.
  For Senator Simon, an amendment providing $8,000,000 for civics 
education of legalized aliens.
  For Senators Coverdell and Nunn, two amendments providing emergency 
funding caused by flooding.
  For Senators Hatfield and Packwood, an amendment requesting waivers 
under the AFDC Program.
  For Senator Specter, an amendment that the authority of section 105 
is subject to the Labor Department's regular reprogramming process.
  Mr. President, these amendments provide offsets, as necessary, to 
avoid increasing either budget authority on outlays.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Iowa [Mr. Harkin] proposes amendments 
     numbered 2469 through 2477.

  Mr. SPECTER. Might we have enumeration of the amendments so the 
Record will be complete here.
  If I may recite them, a managers' amendment by Senator Harkin, an 
amendment on my behalf, an amendment on behalf of Mr. Kohl, an 
amendment on behalf of Senator Harkin and Senator Bryan, an amendment 
on behalf of Senator Grassley and Senator Harkin, an amendment on State 
legalization impact assistance grants, an amendment on emergency 
supplemental appropriations, another amendment on emergency 
supplemental appropriations, Department of Education impact aid, an 
amendment on my behalf, two amendments by Senator Harkin.


                           amendment no. 2469

      (Purpose: To provide for the New Hope demonstration project)

  Mr. Harkin offered for Mr. Kohl amendment No. 2469.
  The amendment is as follows:

       On page 43, between lines 8 and 9, insert the following:
       The Secretary shall provide payments under titles IV-A and 
     XIX of the Social Security Act to carry out a demonstration 
     project for a qualified program in accordance with this 
     section which shall take effect on January 1, 1995. For each 
     calendar quarter in which there is a qualified program as 
     defined below, the Secretary shall pay to the State for the 
     purpose of transmittal to the operator of the qualified 
     program, for no more than 20 calendar quarters, an amount 
     equal to the aggregate amount that would otherwise have been 
     payable to the State with respect to the participants in the 
     program for such a calendar quarter, in the absence of the 
     program, for cash assistance and child care under part A of 
     title IV of the Social Security Act, for medical assistance 
     under title XIX of such Act, and for administrative expenses 
     related to such assistance. The term ``qualified program'' 
     means a program operated by the New Hope Project, Inc., which 
     assists low-income residents of Milwaukee, Wisconsin, move 
     from welfare to work, in accordance with an application to be 
     prepared by the operator to the qualified program, 
     transmitted by the State to the Secretary, and defined by and 
     approved by the Secretary. The application shall provide for 
     evaluation of the demonstration project; funds provided 
     herein may not be used for said evaluation.
                                  ____



                           amendment no. 2470

     (Purpose: To allow the Office of the Inspector General of the 
 Department of Health and Human Services to receive a share of the net 
proceeds of assets seized and forfeited during investigations in which 
                       that office participates)

  Mr. HARKIN offered for himself and Mr. Bryan amendment No. 2470.
  The amendment is as follows:

       On page 48, line 2, before the period insert the following: 
     ``, together with any funds, to remain available until 
     expended, that represent the equitable share from the 
     forfeiture of property in investigations in which the Office 
     of Inspector General participated and which are transferred 
     to the Office of the Inspector General by the Department of 
     Justice or the Department of Treasury''.

  Mr. BRYAN. Madam President, earlier this year, I came to the Senate 
floor to call my colleagues' attention to the effect the 1994 Social 
Security Fraud and Abuse Guidelines were having on my State of Nevada. 
These guidelines directed that no investigations into possible Social 
Security fraud and abuse would be conducted in my State of Nevada. 
Needless to say, I was not pleased.
  This Social Security policy came to my attention when a constituent 
contacted my Las Vegas Office concerning the illegal use of her 2\1/2\-
year-old son's Social Security number. When this constituent applied 
for public assistance benefits, the routine Social Security number 
check showed an immigrant was using her son's Social Security number. 
My constituent was informed of this misuse by the Las Vegas Social 
Security office. When she asked if an investigation would be made into 
this fraudulent misuse, she was informed by the office that no 
investigation would be made because of this Social Security 
Administration fraud and abuse policy.
  You can imagine my constituent's anger at this situation. She applies 
for public assistance benefits, she discovers someone illegally using 
her young son's Social Security number, and then she is told nothing 
will be done.
  After learning of my constituent's concern, I reviewed the January 
1994 Social Security Administration Fraud Referral Guidelines. I, too, 
was surprised and angered at what I found. Nevada, along with 15 other 
States, Puerto Rico and the U.S. Virgin Islands were all listed as 
``geographic areas with limited investigations.''
  This means no fraud investigations are initiated in these States and 
territories by the Office of Investigations, unless Social Security 
management requests an exception from the office, and the Office of 
Investigations and Social Security management ``mutually agree that 
aggravating factors necessitate that such an exception be made.''
  As I read further, I was more surprised to find that Nevada, along 
with Alaska, Hawaii, and Idaho, were also listed as States where no 
investigations would be initiated at all unless there were ``mutually 
aggravating circumstances.''
  This Social Security Administration policy has created ``safe 
harbors'' for anyone who wants to use illegal Social Security numbers 
throughout 16 states and 2 territories. A particularly safe harbor 
exists for abusers in Nevada, Alaska, Idaho, and Hawaii.
  All any enterprising person needs to do is to check the Social 
Security Fraud and Abuse Guidelines to determine where it is most safe 
to engage in the illegal use of Social Security cards. Since 10 of the 
16 safe harbor States are in the western half of the Nation, this means 
the Western United States is especially inviting to people who want to 
fraudulently use Social Security numbers.
  I wanted an explanation of why Nevada has chosen to be one of the 
safest harbors in the Nation for Social Security number abusers. So I 
went to the source, and met with Social Security Administration 
Commissioner Shirley Chater, and Inspector General June Gibbons Brown, 
of the Department of Health and Human Services.
  It came as no surprise when the Social Security Commissioner and the 
inspector general stated the Office of Inspector General had lost 200 
employees and had to close 14 investigation offices due to funding 
cutbacks in past years. One of those employees and one of those 
investigation offices had been in Nevada.
  I do understand that limited staff and funding can require difficult 
decisions about how to prioritize remaining resources. But I find it 
unacceptable when safe harbors are created in 16 States, so anyone with 
the initiative to review the Social Security Fraud Abuse Guidelines can 
determine where the fraudulent use of Social Security numbers will 
essentially be ignored.
  I do not believe Nevada must have an office of investigation or an 
investigator stationed within the State to combat Social Security fraud 
and abuse. But I do believe if an instance of possible fraud and abuse 
is found, an investigator from Social Security should at the very least 
be notified, be able to look into the case, and travel to Nevada if 
necessary.
  In my Nevada constituent's case, although Social Security did not 
investigate the situation, the case was turned over to the Immigration 
and Naturalization Service. The INS subsequently discovered the worker 
who was illegally using my constituent's son's Social Security card, 
was employed in a business where nearly all employees were using 
illegal Social Security cards. This is a perfect example of how what 
might be considered a small case of fraud and abuse can rapidly become 
a major and apparently organized instance of fraud and abuse.

  While the Office of Inspector General agreed to revise the fraud and 
abuse guideline to more accurately reflect the availability of 
investigation efforts for Social Security cases, more must be done.
  So today with Senator Harkin, I offer an amendment to help address 
this problem.
  Our amendment would allow the Office of Inspector General for the 
Department of Health and Human Services to receive a share of the net 
proceeds of assets seized and forfeited during investigations in which 
the Office of Inspector General participates. These proceeds will be 
used by the Office of Inspector General to supplement its efforts to 
fight fraud and abuse.
  Current law governing the Asset Forfeiture Funds of the Departments 
of Treasury and Justice permit certain law enforcement agencies to 
receive a portion of the net proceeds of the assets that are seized and 
forfeited during investigations in which those law enforcement agencies 
participate. This ability to receive a portion of the net proceeds is 
called ``equitable sharing.''
  The Office of Inspector General of the Department of Health and Human 
Services cannot receive any portion of the net proceeds, as it does not 
have the authority to participate in ``equitable sharing.''
  It should be noted if these equitable share payments are not paid to 
the HHS Office of Inspector General, they would not revert to the 
general revenues of the Treasury. The payments would simply be 
distributed to the other law enforcement agencies involved in the 
investigation.
  It is estimated this amendment will result in approximately $200,000 
in additional funding for the HHS Office of Inspector General to use to 
fight fraud and abuse in fiscal year 1995.
  If we truly want to fight fraud and abuse in our Government programs, 
we must provide adequate funding to ensure our investigative efforts 
can meet the task. This is a step in these right direction.
  I thank Senator Harkin for his cooperation and support in bringing 
this amendment to the floor, and accepting it as part of this bill.


                           amendment no. 2471

  (Purpose: To transfer certain funds to the Office of the Inspector 
 General for security protection for the Secretary of Health and Human 
Services and to require the Comptroller General of the United States to 
   conduct a review on the need of security protections for certain 
                           Federal officials)

  Mr. HARKIN offered for Mr. Grassley, for himself and Mr. Harkin, 
amendment No. 2471.
  The amendment is as follows:

       On page 52, between lines 17 and 18, insert the following 
     new section:
       Sec. 210. (a) Of the funds appropriated or otherwise made 
     available for the Department of Health and Human Services 
     General Departmental Management for fiscal year 1995, the 
     Secretary of Health and Human Services shall transfer to the 
     Office of the Inspector General such sums as may be necessary 
     for any expenses with respect the provision of security 
     protection for the Secretary of Health and Human Services.
       (b) The Comptroller General of the United States shall 
     conduct a review on the need of personal security protection 
     for all cabinet and subcabinet officials in the Federal 
     government, and shall not later than April 1, 1995, prepare 
     and submit a report to the Senate and House Committees on 
     Appropriations of the findings of the Comptroller.
                                  ____



                           amendment no. 2472

 (Purpose: To provide funding for programs authorized by the Improving 
                         America's Schools Act)

  Mr. HARKIN offered amendment No. 2472.
  The amendment is as follows:

       On page 63, line 15, before the word; ``title'' insert the 
     following: ``$125,000 for National Student and Parent Mock 
     Elections, $1,000,000 for the Partnerships in Character 
     Education Pilot Project, $500,000 for Promoting Scholar-
     Athlete Competitions, and $900,000 for 21st Century Community 
     Learning Centers, as authorized by''.
                                  ____



                           amendment NO. 2473

   (Purpose: To rescind appropriations for State Legalization Impact-
 Assistance Grants (SLIAG) which remain available as of June 29, 1995, 
 and to make appropriations to pay for the costs of certain activities 
              relating to naturalization and citizenship)

  Mr. HARKIN offered for Mr. Simon amendment No. 2473.
  The amendment is as follows:

       On page 44, after line 20, insert the following:


              state legalization impact-assistance grants

                         (Including Rescission)

       Funds not expended by the States by July 1, 1995, under 
     section 204(b)(4) of the Immigration and Nationality Act are 
     hereby rescinded.
       For allotments of funds to the States made by the Secretary 
     of Health and Human Services for the purpose of making 
     payments to public and private nonprofit organizations for--
       (1) public information and outreach activities regarding 
     naturalization and citizenship; and
       (2) English language and civics instruction provided to any 
     adult eligible legalized alien who has not met the 
     requirements of section 312 of the Immigration and 
     Nationality Act for purposes of becoming naturalized as a 
     citizen of the United States, $8,000,000: Provided, That the 
     Secretary of Health and Human Services shall allocate such 
     amount among the States not later than August 15, 1995: 
     Provided further: That each State's share of these funds 
     shall be equal to that State's percentage share of the total 
     costs of administering and providing educational services to 
     eligible legalized aliens in all States through fiscal year 
     1994, as determined by the Secretary: Provided further, That 
     the definition of ``eligible legalized alien'' contained in 
     Section 204(j)(4) of the Immigration Reform and Control Act 
     of 1986 is amended by inserting before the period at the end 
     ``, except that the five-year limitation shall not apply for 
     the purposes of providing public information and outreach 
     activities regarding naturalization and citizenship; and 
     English language and civics instruction to any adult eligible 
     legalized alien who has not met the requirements of section 
     312 of the Immigration and Nationality Act for purposes of 
     becoming naturalized as a citizen of the United States: 
     Provided further, That each State may designate the 
     appropriate agency or agencies to administer funds under this 
     heading: Provided further, That Section 204(b)(4) of the 
     Immigration Reform and Control Act of 1986 is amended by 
     striking the fourth sentence and inserting the following: 
     ``Funds made available to a State pursuant to the preceding 
     sentence of this paragraph shall be utilized by the State to 
     reimburse all allowable costs within 90 days after a State 
     has received a reallocation of funds from the Secretary, but 
     in no event later than July 31, 1995.''
                                  ____

       On page 7, line 20, strike ``$232,000,000'' and insert 
     ``$226,000,000'' in lieu thereof.
                                  ____



                           amendment no. 2474

(Purpose: To make funds available for recovery from the tropical storm 
                                Alberto)

  Mr. HARKIN offered for Mr. Coverdell, for himself, and Mr. Nunn, 
amendment No. 2474.
  The amendment is as follows:

       At the end of the bill, insert the following new title:

            TITLE VI--EMERGENCY SUPPLEMENTAL APPROPRIATIONS


                department of health and human services

       For an additional amount for the Public Health and Social 
     Services Emergency Fund to be used to assist States and local 
     communities in recovering from the flooding caused by 
     tropical storm Alberto and other disasters, $35,000,000 to 
     remain available until expended: Provided, That the entire 
     amount is designated by the Congress as an emergency 
     requirement pursuant to section 251(b)(2)(D)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended: Provided further, That the entire amount shall be 
     available only to the extent an official budget request, for 
     a specific dollar amount, that includes designation of the 
     entire amount of the request as an emergency requirement, as 
     defined in the Balanced Budget and Emergency Deficit Control 
     Act of 1985 as amended, is transmitted by the President to 
     the Congress.
                                  ____



                           amendment no. 2475

(Purpose: To make funds available for recovery from the tropical storm 
                      Alberto and other disasters)

  Mr. HARKIN offered for Mr. Coverdell for himself and Mr. Nunn, 
amendment No. 2475.
  The amendment is as follows:

       At the end of the bill, insert the following new title:

            TITLE VI--EMERGENCY SUPPLEMENTAL APPROPRIATIONS


                        department of education

                               impact aid

       For carrying out disaster assistance activities related to 
     the flooding caused by tropical storm Alberto and other 
     disasters, authorized under section 7(a) of Public Law 81-
     874, $10,000,000, to remain available until expended, of 
     which $10,000,000 shall be available from funds provided 
     under the heading ``DEPARTMENT OF EDUCATION'' under the 
     heading ``IMPACT AID'' in the Emergency Supplemental 
     Appropriations Act of 1994 (Public Law 103-211): Provided, 
     That such funds shall be available only to the extent an 
     official budget request for a specific dollar amount, that 
     includes designation of the entire amount of the request as 
     an emergency requirement as defined in the Balanced Budget 
     and Emergency Deficit Control Act of 1985, as amended, is 
     transmitted by the President to the Congress: Provided, That 
     the entire amount is designated by the Congress as an 
     emergency requirement pursuant to section 251(b)(2)(d)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985, as amended.

  Mr. COVERDELL. Madam President, I would like to thank the 
distinguished Senator from Iowa [Mr. Harkin] and our colleague from 
Pennsylvania, Senator Specter for working with Senator Nunn and me on 
two important disaster assistance amendments to the Labor, Health, and 
Human Services appropriations bill. Many of my colleagues have heard 
from me and the senior Senator on the initial devastation that occurred 
during the flooding in the southern portion of our State. They have 
responded by providing necessary funding for local government, 
agricultural, housing, and business assistance to those Georgians most 
drastically affected by the floods.
  Today, the managers of this bill have offered two amendments on 
behalf of Senator Nunn and myself that address the emergency health, 
safety and education needs of the recovering disaster areas.
  The first amendment will provide $35 million to assist Georgia in 
addressing the acute threat to public health associated with the flood 
related sanitation problems and the widespread breakdown in water and 
sewer systems. These resources will also ensure the availability of 
emergency mental health and social services.
  The second amendment will earmark $10 million of existing impact aid 
resources for school districts that will not be able to cover the cost 
of the damage incurred by the flood in time for the 1995 school year. 
In addition, these resources will compensate school districts that will 
lose critical property taxes due to property damage resulting from 
tropical storm Alberto.
  These two amendments address important public safety needs, and I 
thank Senator Harkin and Senator Specter for their efforts on Georgia's 
behalf.


                           amendment no 2476

(Purpose: To direct the Secretary of Health and Human Services to take 
 action on a request made for certain waivers under the AFDC Program, 
                        and for other purposes)

  Mr. HARKIN offered for Mr. Hatfield, for himself and Mr. Packwood, 
amendment No. 2476.
  The amendment is as follows:

       At the appropriate place insert the following new section:

     SEC.   . DIRECTION TO THE SECRETARY OF HEALTH AND HUMAN 
                   SERVICES REGARDING ACTION ON A REQUEST FOR 
                   CERTAIN WAIVERS UNDER THE AFDC PROGRAM.

       In the event the Secretary of Health and Human Services 
     (hereafter referred to in this section as the ``Secretary'') 
     fails to approve the application for waivers to conduct a 
     demonstration project, known as JOBS Plus, under section 1115 
     of the Social Security Act submitted by the Oregon Department 
     of Human Resources on October 28, 1993, (here-after referred 
     to in this section as the ``application'') by the date of the 
     enactment of this Act, notwithstanding the Secretary's 
     authority to approve the application under such section, the 
     application shall be deemed approved.

  Mr. HATFIELD. Madam President, today, Senator Packwood and I are 
offering an amendment that would grant the State of Oregon a waiver 
needed to conduct an innovative welfare demonstration project. The 
administration has had nearly 10 months to review Oregon's proposal and 
the State has not received an answer to their request. We simply have 
exhausted our options.
  During the 1993 Oregon legislative session, Oregon's welfare 
demonstration program, JOBS Plus, was developed through the hard work 
of the original proponents of the Full Employment Program, client 
advocates, private employers, legislators and their staff, the 
Governor's staff and state staff. As proof of their support, the 
legislature approved $2.7 million startup funds to be used to provide 
the extra benefits for the participants until they secured unsubsidized 
employment and the program could begin saving money through caseload 
reduction.
  If Oregon is not allowed to implement the program by September 1, 
1994, however, there is a risk that it will never get a chance to 
provide itself. The funding approved in the 1993 session cannot be 
carried forward to the 1995-97 biennium. If Oregon is allowed to begin 
the demonstration by September 1, the State can use the $2.7 million 
for startup funding, setting up an operating project for the 1995 
Oregon Legislature to review, and testing some of the President's 
welfare reform concepts as Congress is considering the Work and 
Responsibility Act.
  President Clinton recently wrote to Senator Packwood and me 
indicating his support for innovative welfare demonstration projects in 
the States and advising us that Oregon's request was in the final 
stages of agreement. The President also indicated that the State's 
request closely matches the goals outlined in his welfare proposal.
  Madam President, I typically hesitate to offer these types of 
amendments, however, I believe that the administration has had more 
than an ample amount of time to review this request. I might also add 
that the Department of Agriculture has approved their part of the 
waiver request.
  Madam President, Oregon can wait no longer for an answer.


                           Amendment No. 2477

  Mr. HARKIN offered for Mr. Specter amendment No. 2477.
  The amendment is as follows:

       On page 24, line 25, before the period insert the 
     following: ``: Provided, That such funds shall not be treated 
     as a reprogramming and shall not be available for obligation 
     or expenditure except in compliance with the Committee 
     reprogramming procedures''.

  The PRESIDING OFFICER. Is there further debate on the amendments? If 
not, the question is on agreeing to the amendments.
  So the amendments (No. 2469, 2470, 2471, 2472, 2473, 2474, 2475, 
2476, and 2477) were agreed to.
  Mr. HARKIN. Madam President, I move to reconsider the vote.
  Mr. SPECTER. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 2478

(Purpose: To provide $100,000,000 to carry out the Emergency Immigrant 
           Education Act of 1984 or its successor authority)

  Mr. GRAHAM addressed the Chair.
  The PRESIDING OFFICER. The Senator from Florida.
  Mr. GRAHAM. I offer an amendment on behalf of myself and Senators 
Hutchison----
  Mr. HARKIN. Madam President, I had not yielded the floor yet. And 
under the unanimous-consent agreement, I was to be recognized for 5 
minutes to offer my amendments.
  The PRESIDING OFFICER. The Senator from Iowa is correct.
  The Senator from Florida will withhold.
  Mr. HARKIN. Madam President, I yield the floor.
  Mr. GRAHAM addressed the Chair.
  The PRESIDING OFFICER. The Senator from Florida.
  Mr. GRAHAM. I send an amendment to the desk.
  The PRESIDING OFFICER. Will the Senator from Pennsylvania defer for 
that purpose? Under the previous order, the Senator has the floor.
  Mr. SPECTER. Madam President, I yield to my colleague from Florida.
  The PRESIDING OFFICER. The clerk will report the amendment.
  The assistant legislative clerk read as follows.

       The Senator from Florida [Mr. Graham] for himself, Mrs. 
     Hutchison, and Mrs. Feinstein, proposes an amendment numbered 
     2478.

  Mr. GRAHAM. Madam President, I ask unanimous consent that reading of 
the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       At the end of title V, insert the following:
       Sec. 17. There is appropriated out of any money in the 
     Treasury not otherwise appropriated for fiscal year 1995 for 
     expenses necessary to carry out the Emergency Immigrant 
     Education Act of 1984 (or its successor authority) 
     $100,000,000, and each amount appropriated or otherwise made 
     available for each program, project or activity relating to 
     the salaries, expenses and program management funded under 
     titles I through III of this Act (other than by this section) 
     that is not required to be appropriated or otherwise made 
     available by a provision of law is reduced by the uniform 
     percentage necessary to reduce the total amounts appropriated 
     for such programs, projects or activities by $100,000,000.

  Mr. GRAHAM. Madam President, as I understand the parliamentary 
situation, amendments are available until noon. Then what will be the 
disposition of this matter thereafter?
  The PRESIDING OFFICER. The amendments will be disposed of in turn.
  Mr. GRAHAM. Thank you.
  Mr. HELMS addressed the Chair.
  The PRESIDING OFFICER. Who seeks recognition?
  The Senator from North Carolina.
  Mr. HELMS. Madam President, what is the pending business?
  The PRESIDING OFFICER. The pending business is the Senator's second-
degree amendment to the committee amendment.
  Mr. HELMS. Madam President, I ask for the yeas and nays on this 
amendment.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The yeas and nays were ordered.
  Mr. HELMS. I thank the Chair.
  Madam President, a week or so ago the news media and the pundits in 
this city assured the American people that the Clinton health bill was 
dead--done in by millions of outraged Americans who rejected its 
mandates, high taxes, and superbureaucracy.
  But once again, we are reminded that you cannot believe everything 
you hear. The distinguished majority leader of the Senate came forth a 
few days ago with what purports to be his own health care plan which, 
while not totally identical to President Clinton's proposal, misses 
being so by just a hair.
  The Senate is about to debate the Clinton-Mitchell health care bill, 
which will foist upon the backs of the American people new 
entitlements, new taxes, and more bureaucrats.
  The Senate leadership, moreover, has declared its intent to ram 
through the Senate this Clinton-Mitchell health care plan in just 2 
weeks. Nobody knows for sure what is in the bill, at least not yet. But 
if the Clinton-Mitchell bill is anything like the original 1,300-page 
Clinton plan, as everybody said it is going to be, a great deal of time 
will be needed to figure out just exactly what is in it. Haste does 
make waste, particularly in the U.S. Senate.
  Senators need, they deserve, and they must demand, time to read, 
study, and analyze this latest proposal. Health care reform is an issue 
like no other issue. It will affect all Americans from every walk of 
life.
  I think it was 8 or 9 days ago when the distinguished majority 
leader, Mr. Mitchell, was asked during a television interview why the 
rush to pass a bill with such enormous consequences. He responded 
somewhat piously, that he wanted to leave a legacy. Well bully for him, 
but what about the price he is demanding that the American people will 
have to pay for his legacy?
  Instinctively, or otherwise, I think the American people know what is 
at stake. As the distinguished Republican leader, Mr. Dole, asserted, 
``A bad bill would be worse than no bill at all.'' The American people 
want us to do what is right. They do not care about saving the Clinton 
administration or giving the majority leader a legacy. The American 
people want to know that health reform is not going to mean a 
Government-run health care system. They want to know that the Senate is 
not going to take away the right to choose their own doctor. And 
finally, the American people want to know that such a bill will not 
bankrupt the country.
  Note the result of a Wall Street Journal poll which showed that only 
34 percent of the people are saying Congress should pass the health 
bill this year. However, 58 percent of the American people believe 
Congress should continue to debate the issue and act next year. Fifty-
eight percent is a sizable figure, and it reflects what I am hearing in 
just about every piece of mail I receive, and every telephone call from 
North Carolina and all across the country.
  Another poll released by the Harvard School of Public Health and 
Times Mirror newspaper, revealed that 58 percent of Americans are 
afraid that health care reform will mean less freedom to choose their 
own doctor.
  These statistics illustrate precisely what I have been hearing, as I 
said, from North Carolina and people throughout the country. They are 
telling us that Congress must not rush to pass a bill that no one 
wants, with, of course, the possible exception of the social engineers 
down at the White House and elsewhere in the administration. They are 
saying ``Pass a bill; pass a bill.'' And the majority leader is 
parroting that rhetoric. But the American people are emphatically 
saying no, no, do not do that.
  Plain and simple, the Clinton-Mitchell bill is a Government takeover 
of health care. Call it Government investment. Call it guaranteed 
health care. Call it what it truly is, a steady march toward socialized 
medicine which has been a disaster in every country where it has been 
tried.
  To think leaders of our country are proposing socialized medicine 
euphemized under some other name is baffling to me. North Carolinians 
have their own opinion of this audacious Government grab for power. 
Every week I receive hundreds of letters on health care reform, and of 
these at least 85 percent oppose the Clinton plan for one reason or 
another. In addition, every week I receive thousands of postal cards 
from people across America who oppose any plan that includes abortion 
on demand as a basic benefit.
  As I move along in my remarks, I want to call attention to the U.S. 
Capitol's switchboard number. If you want to call your Senator's 
office, no matter where you live in America, call (202) 224-3121 and 
tell your Senator, how you feel about health care reform, whether you 
are for the Clinton-Mitchell plan, or against it. But speak up, 
America, and let your Senator know how you expect him to stand on this 
issue.
  The message is clear from North Carolinians. They do not want the 
Government to take over their health care system. They do not want 
Government bureaucrats interfering in their private health care 
decisions. They do not want the Government taking over a system which 
on the whole delivers quality care to all Americans.
  (Mr. DORGAN assumed the chair.)
  Mr. HELMS. No one in America wants us to travel the bankruptcy road 
followed by so many Socialist governments in other parts of the world. 
Every time we hear the President speak about health care, he says he 
will support only legislation that guarantees health insurance for all 
that cannot be taken away. I wonder if he is aware that 40 Senators 
have developed a health reform plan that extends universal access to 
all Americans without an enormous governmental takeover of our economy.
  The fact is that we can cure the ills of our current system today 
without swallowing socialism and wrecking a health care system which--
warts and all--is still the envy of all of the rest of the world.
  North Carolinians have not been fooled by the alarmist rhetoric and 
slick gimmicks that some are using to sell their health plan. I doubt 
if many other Americans have been fooled either. That is because they 
know very well that higher taxes, higher deficits and a bigger Federal 
Government are not the way to better health care. Maybe that is why we 
are being forced to accept an arbitrary schedule for Senate action on 
the Clinton-Mitchell health plan.
  If you think that Congress ought to put the brakes on this freight 
train and wait until next year and in the meantime study all of the 
proposals for health care reform, then call your Senator at 1-202-224-
3121. Or if you favor the Clinton-Mitchell health care plan, or any 
other plan, call your Senator. He or she deserves to hear from you.
  But I will tell you this, Mr. and Mrs. America: Unless you have 
actually read the small print in these Big Brother plans, you have only 
scratched the surface of how Government will step into your private 
lives. Let me explain what I mean. I wonder if Americans know that the 
President's bill, at page 239, forbids anyone from offering a health 
benefit policy that duplicates coverage provided in the comprehensive 
benefits package. This means that all current policies now in effect 
would be unlawful. That is on page 239 of the President's bill. Only a 
few health care plans will be available to you under that set of 
circumstances.
  The House and Senate leadership plans are not quite as direct as 
that. But they make it very clear that good insurance plans are taxed 
so high that no insurance company in its right mind would even offer 
it.
  If that is the kind of thing you want, call your Senator at 1-202-
224-3121 and tell him. Or if you do not want this plan, tell your 
Senator that. You think the Senate ought to wait and carefully consider 
such an enormous subject, hundreds upon hundreds upon hundreds of 
pages. If so, then tell your Senator to vote for the Helms amendment 
which is now pending and which will be voted on day after tomorrow, on 
Wednesday of this week.
  Mr. President, just like the first Clinton bill, both the House and 
Senate leadership bills create a powerful National Health Board having 
vast powers. The National Health Board will restrict what Mr. and Mrs. 
America can spend on health care through what are called global 
budgets. Furthermore, the National Health Board will decide what our 
health benefits will be. And if that is not enough to drive you up the 
wall, the National Health Board will also regulate the form and manner 
that your health information is collected and transmitted.
  Under the first Clinton bill, the National Health Board will have the 
power to mandate a standardized health insurance form that doctors must 
fill out. If a doctor fails to use this form, he or she may be fined 
$10,000 per violation. That is on page 871 of the Clinton health bill, 
in case anybody is interested. I can see it now--doctors throughout 
this country will become so preoccupied with filling out the correct 
Federal bureaucratic form that they will spend less time with their 
patients; or else, they will risk having to pay a $10,000 fine imposed 
by the bureaucracy in Washington, DC.
  By the way, nobody has finished counting all of the new bureaucracies 
contained in the Clinton-Mitchell health care plan. The last time I 
checked, there were about 20. I'm sure this number will keep rising 
just like floodwaters out in Iowa.
  I would like to reiterate to my fellow Americans that you make a 
difference on this matter if you will pick up your telephone and call 
your Senator. You have two of them. The telephone number of the Capitol 
switchboard is 1-202-224-3121. If you think the Senate ought to slow 
down and not try to pass a health care plan this year and, instead, 
think about it, study it, and the first thing next year, take the time 
necessary to do it right, then tell your Senator so. He or she will 
have a chance to vote on that very question on Wednesday of this week.
  Congress cannot simply throw away the best health care system in the 
world. Nobody says it is perfect, but it is the best, nonetheless, that 
mankind has ever known. If we are forced to pass the Clinton-Mitchell 
plan in just a week or so, as they are talking about doing, the largest 
Government-run program in the history of America will be enacted. That 
is wrong.
  I cannot imagine an issue that is more important to each and every 
American. Health care reform will touch everyone. So let us take the 
time to do it right. Let us not race into this thing, as the majority 
leader and others propose. Let us begin next year when we have adequate 
time to review it. Bob Dole is right when he says, ``A bad bill will be 
worse than no bill at all.'' That is precisely the point.
  One more time, Mr. President. For those who think the Congress ought 
to slow down and not pass a health care bill this year and, instead, 
study it and begin early next year and do it right, you ought to call 
your Senator at 1-202-224-3121.
  I thank the Chair and I yield the floor.
  Mr. GRASSLEY addressed the Chair.
  The PRESIDING OFFICER. The Senator from Iowa is recognized.
  Mr. GRASSLEY. Mr. President, I ask for 12 minutes to address the 
Senate as in morning business.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________