[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]

 
                          AMENDMENTS SUBMITTED

                                 ______


                     LABOR--HHS APPROPRIATIONS ACT

                                 ______


                 McCAIN (AND BAUCUS) AMENDMENT NO. 2465

  Mr. SPECTER (for Mr. McCain for himself and Mr. Baucus) proposed an 
amendment to the bill H.R. 4606 making appropriations for the 
Departments of Labor, Health and Human Services, and Education, and 
related agencies, for the fiscal year ending September 30, 1995, and 
for other purposes; as follows:

       The Senate finds, that Federal payments in lieu of taxes to 
     counties compensate local jurisdictions for services provided 
     in areas owned by the federal government and for tax revenues 
     foregone due to such federal ownership.
       PILT payments are critical to counties to provide vital 
     basic services such as emergency search and rescue; law 
     enforcement; fire and emergency medical services; solid waste 
     management, road maintenance, and health and other human 
     services.
       PILT payments have not been increase since 1976, and the 
     consumer price index has risen 127 percent since 1976.
       On April 13, 1994, the Senate approved legislation to 
     increase PILT payments by $115 million over 5 years, and 
     index the payments to keep pace with inflation.
       Enactment of this legislation is critical to counties in 49 
     states throughout the nation.
       It is the sense of the Senate that the House should approve 
     the Senate passed legislation to increase PILT payments, and 
     that this legislation should be enacted by the adjournment of 
     the 103d Congress. Further, it is the sense of the Senate 
     that, pursuant to enactment, the President should include 
     full funding for the PILT program in the fiscal year 1996 
     Budget.
                                 ______

      HELMS AMENDMENT NO. 2466
  Mr. HELMS proposed an amendment to the bill, H.R. 4606, supra; 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 House 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 all alternatives and make wise 
     choices.
                                 ______


                    HARKIN AMENDMENTS NOS. 2467-2468

  Mr. HARKIN proposed two amendments to the bill, H.R. 4606, supra; as 
follows:

                           Amendment No. 2467

       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 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''.
                                  ____


                           Amendment No. 2468

       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''.
                                 ______


                        KOHL AMENDMENT NO. 2469

  Mr. HARKIN (for Mr. Kohl) proposed an amendment to the bill, H.R. 
4606, supra; 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 
     defind 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.
                                 ______


                        BRYAN AMENDMENT NO. 2470

  Mr. HARKIN (for Mr. Bryan) proposed an amendments to the bill H.R. 
4606, supra; 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 investigation 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''.
                                 ______


                GRASSLEY (AND HARKIN) AMENDMENT NO. 2471

  Mr. HARKIN (for Mr. Grassley, for himself and Mr. Harkin) proposed an 
amendment to the bill, H.R. 4606, supra; 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 to the provision of security 
     protection for the Secretary of Health and Human Services.
       (b) The Comptroller of the 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.
                                 ______


                       HARKIN AMENDMENT NO. 2472

  Mr. HARKIN proposed an amendment to the bill, H.R. 4606, supra; 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''.
                                 ______


                        SIMON AMENDMENT NO. 2473

  Mr. HARKIN (for Mr. Simon) proposed an amendment to the bill, H.R. 
4606, supra; 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.
                                 ______


             COVERDELL (AND NUNN) AMENDMENTS NOS. 2474-2476

  Mr. HARKIN (for Mr. Coverdell, for himself and Mr. Nunn) proposed two 
amendments to the bill, H.R. 4606, supra; as follows:

                           Amendment No. 2474

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

            TITLE VI--EMERGENCY SUPPLEMENTARY 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

       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.
                                 ______


               HATFIELD (AND PACKWOOD) AMENDMENT NO. 2476

  Mr. HARKIN (for Mr. Hatfield, for himself and Mr. Packwood) proposed 
an amendment to the bill, H.R. 4606, supra; 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, (hereafter 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.
                                 ______


                       SPECTER AMENDMENT NO. 2477

  Mr. HARKIN (for Mr. Specter) proposed an amendment to the bill, H.R. 
4606, supra; 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''.
                                 ______


               GRAHAM (AND HUTCHISON) AMENDMENT NO. 2478

  Mr. HARKIN (for Mr. Graham, for himself and Mrs. Hutchison) proposed 
an amendment to the bill, H.R. 4606, supra; as follows:

       At the end of title V, insert the following:
       Sec.   . 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 amount appropriated 
     for such programs, projects or activities by $100,000,000.

                          ____________________