[Congressional Record Volume 141, Number 139 (Friday, September 8, 1995)]
[Senate]
[Pages S12873-S12876]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      FAMILY SELF-SUFFICIENCY ACT

  The PRESIDING OFFICER (Mr. Kyl). Under the previous order, the Senate 
will now resume consideration of H.R. 4, which the clerk will report.
  The assistant legislative clerk read as follows:

       A bill (H.R. 4) to restore the American family, reduce 
     illegitimacy, control welfare spending, and reduce welfare 
     dependence.

  The Senate resumed consideration of the bill.

       Pending:
       Dole modified amendment No. 2280, of a perfecting nature.
       Brown amendment No. 2465 (to amendment No. 2280), to 
     provide that funds are expended in accordance with State laws 
     and procedures relating to the expenditure of State revenues.
       Moynihan amendment No. 2466 (to amendment No. 2280), in the 
     nature of a substitute.
       Feinstein modified amendment No. 2469 (to amendment No. 
     2280), to provide additional funding to States to accommodate 
     any growth in the number of people in poverty.
       Feinstein amendment No. 2470 (to amendment No. 2280), to 
     impose a child support obligation on paternal grandparents in 
     cases in which both parents are minors.
       Moseley-Braun amendment No. 2471 (to amendment No. 2280), 
     to require States to establish a voucher program for 
     providing assistance to minor children in families that are 
     eligible for but do not receive assistance.
       Moseley-Braun amendment No. 2472 (to amendment No. 2280), 
     to prohibit a State from imposing a time limit for assistance 
     if the State has failed to provide work activity-related 
     services to an adult individual in a family receiving 
     assistance under the State program.
       Moseley-Braun amendment No. 2473 (to amendment No. 2280), 
     to modify the job opportunities to certain low-income 
     individuals program.
       Moseley-Braun amendment No. 2474 (to amendment No. 2280), 
     to prohibit a State from reserving grant funds for use in 
     subsequent fiscal years if the State has reduced the amount 
     of assistance provided to families under the State program in 
     the preceding fiscal year.
       Santorum amendment No. 2477 (to amendment No. 2280), to 
     eliminate certain welfare benefits with respect to fugitive 
     felons and probation and parole violators, and to facilitate 
     sharing of information with law enforcement officers.
       Feinstein amendment No. 2478 (to amendment No. 2280), to 
     provide equal treatment for naturalized and native-born 
     citizens.
       Feinstein amendment No. 2479 (to amendment No. 2280), to 
     provide for State and county demonstration programs.
       Feingold amendment No. 2480 (to amendment No. 2280), to 
     study the impact of amendments to the child and adult care 
     food program on program participation and family day care 
     licensing.
       Feingold amendment No. 2481 (to amendment No. 2280), to 
     provide for a demonstration project for the elimination of 
     take-one-take-all requirement. 

[[Page S 12874]]

       Boxer amendment No. 2482 (to amendment No. 2280), to 
     provide that noncustodial parents who are delinquent in 
     paying child support are ineligible for means-tested Federal 
     benefits.


                           Amendment No. 2477

  The PRESIDING OFFICER. Under previous order, the Senator from 
Pennsylvania [Mr. Santorum] is recognized for up to 5 minutes for 
debate in relation to his amendment.
  Mr. SANTORUM. I thank the Chair.
  I will not take the 5 minutes. I wanted to inform Members who were 
not here last night when we debated this amendment, I believe this is 
an amendment that should get overwhelming support of this body. The 
amendment addresses a problem that I think has come to light through 
newspaper articles and other studies that have been done by criminal 
experts where we found that because of the privacy provisions in the 
current welfare statutes, police are not able to get addresses of 
people who are fleeing the criminal justice system, fugitive felons who 
have warrants out for their arrest or are, in fact, convicted felons 
who have escaped.
  You have warrants out for their arrest, convicted felons that police 
are trying to track down. They go to the welfare agency and say, ``Are 
they receiving welfare? Is there a current address you might have?'' 
And the welfare agency, under law, is not allowed to tell them whether 
this person is receiving food stamps or AFDC or whatever the case may 
be.
  You might say, how big of a problem is this? Well, in Cleveland they 
had a sting operation a year or so ago and 33 percent of the people who 
they caught in this sting operation had welfare cards, either receiving 
food stamps, AFDC, or SSI.
  In Philadelphia--I went there earlier this year and talked to the 
fugitive task force there--they have 50,000 outstanding fugitive 
warrants, felony warrants in the city of Philadelphia. And of the 
people that they have brought in under this task force, the police 
there claim that 75 percent of the people who they have brought in 
collect welfare. And there is no way for them to go to the welfare 
agency with this warrant and be able to find out where these people 
live because one thing the police of Philadelphia told me is that when 
these folks sign up for welfare, they give the right address because 
they want those checks to be mailed to the right place.
  So we have good information and in many cases we have photographs, 
and as you know, in pursuing felons you do not necessarily have a 
recent photograph. They may have changed appearance. So there are all 
sorts of good reasons this amendment is supported by the chief of 
police, the FOP--all law enforcement agencies have come out in favor of 
this amendment.
  I am hopeful that the Senate today will adopt this and move forward 
to help police be able to better find fugitives. Remember, these are 
dangerous felons who are hiding out, not taking jobs, by collecting 
Government benefits and therefore not signing up for employment where 
they might otherwise be caught. So we think this is sort of a logical 
exemption to the privacy provisions of the Welfare Act. And I hope that 
the Senate will support the amendment this morning.
  I yield the floor.
  Mr. BINGAMAN addressed the Chair.
  The PRESIDING OFFICER. The Senator from New Mexico.


  Amendments Nos. 2483, 2484, and 2485, En Bloc, to Amendment No. 2280

  Mr. BINGAMAN. Mr. President, to meet the requirements of the 
agreement that has been worked out by the managers of the bill and the 
majority and minority leaders, I send three amendments to the desk and 
ask that it be in order for me to submit them for consideration at this 
time en bloc.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report the amendments.
  The assistant legislative clerk read as follows:

       The Senator from New Mexico [Mr. Bingaman] proposes en bloc 
     amendments numbered 2483 through 2485, en bloc, to amendment 
     No. 2280.

  Mr. BINGAMAN. Mr. President, I ask that further reading of the 
amendments be dispensed with.
  And as I understand the agreement at this time, it is appropriate to 
ask consent that the amendments be set aside for consideration later.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendments are as follows:


                           Amendment No. 2483
 (Purpose: To require the development of a strategic plan for a State 
                       family assistance program)

       Beginning with page 11, line 8, strike all through page 14, 
     line 16, and insert the following:

     ``SEC. 402. ELIGIBLE STATES; STATE PLANS.

       ``(a) In General.--As used in this part, the term `eligible 
     State' means, with respect to a fiscal year, a State that has 
     submitted to the Secretary a single comprehensive State 
     Family Assistance Program Strategic Plan (hereafter referred 
     to in this section as the `State Plan') outlining a 5-year 
     strategy for the statewide program.
       ``(b) Family Assistance Program Strategic Plan Parts.--Each 
     State plan shall contain 2 parts:
       ``(1) 5-year plan.--The first part of the State plan shall 
     describe a 5-year strategic plan for the statewide program 
     designed to meet the State goals and reach the State 
     benchmarks for each of the essential program activities of 
     the family assistance program.
       ``(2) Annual certification.--The second part of the State 
     plan shall contain a certification by the chief executive 
     officer of the State that, during the fiscal year, the State 
     family assistance program will include each of the essential 
     program activities specified in subsection (h)(6).
       ``(c) Contents of the State Plan.--The State plan shall 
     include:
       ``(1) State goals.--A description of the goals of the 5-
     year plan, including outcome related goals of and benchmarks 
     for each of the essential program activities of the family 
     assistance program.
       ``(2) Current year plan.--A description of how the goals 
     and benchmarks described in paragraph (1) will be achieved, 
     or how progress toward the goals and benchmarks will be 
     achieved, during the fiscal year in which the plan has been 
     submitted.
       ``(3) Performance indicators.--A description of performance 
     indicators to be used in measuring or assessing the relevant 
     output service levels and outcomes of each of the essential 
     program activities and other relevant program activities.
       ``(4) External factors.--An identification of those key 
     factors external to the program and beyond the control of the 
     State that could significantly affect the attainment of the 
     goals and benchmarks.
       ``(5) Evaluation mechanisms.--A description of a mechanism 
     for conducting program evaluation, to be used to compare 
     actual results with the goals and benchmarks and designate 
     the results on a scale ranging from highly successful to 
     failing to reach the goals and benchmarks of the program.
       ``(6) Minimum participation rates.--A description of how 
     the minimum participation rates specified in section 404 will 
     be satisfied.
       ``(7) Estimate of expenditures.--An estimate of the total 
     amount of state or local expenditures under the program for 
     the fiscal year in which the plan is submitted.
       ``(d) Determinations.--The Secretary shall determine 
     whether a plan submitted pursuant to subsection (a) contains 
     the material required by subsection (b).
       ``(e) State Work Opportunity Planning Boards.--
       ``(1) In general.--A Governor of a State that receives a 
     grant under section 403 may establish a State Work 
     Opportunity Planning Board (referred to in this section as 
     `the Board') in accordance with this section.
       ``(2) Membership.--Membership of the Board shall include--
       ``(A) persons with leadership experience in private 
     business, industry, and voluntary organizations;
       ``(B) representatives of State departments or agencies 
     responsible for implementing and overseeing programs funded 
     under this title;
       ``(C) elected officials representing various jurisdictions 
     included in the State plan;
       ``(D) representatives of private and non-profit 
     organizations participating in implementation of the State 
     plan;
       ``(E) the general public; and
       ``(F) any other individuals and representatives of 
     community-based organizations that the Governor may 
     designate.
       ``(3) Chairperson.--The Board shall select a chairperson 
     from among the members of the Board.
       ``(4) Functions.--The functions of the Board shall 
     include--
       ``(A) advising the Governor and State legislature on the 
     development of the statewide family assistance program, the 
     State plan described in subsections (a) and (b), and the 
     State goals and State benchmarks;
       ``(B) assisting in the development of specific performance 
     indicators to measure progress toward meeting the State goals 
     and reaching the State benchmarks and providing guidance on 
     how such progress may be improved;
       ``(C) serving as a link between business, industry, labor, 
     non-profit and community-based organizations, and the 
     statewide system;
       ``(D) assisting in preparing annual reports required under 
     this part;
       ``(E) receiving and commenting on the State plan developed 
     under subsection (a); and

[[Page S 12875]]

       ``(F) assisting in the monitoring and continuous 
     improvement of the performance of the State family assistance 
     program, including evaluation
      of the effectiveness of activities and program funded under 
     this title''.
       On page 14, line 17, strike ``(b)'' and insert ``(f)''.
       On page 15, line 12, strike ``(c)'' and insert ``(g)''.
       On page 15, line 20, strike ``(d)'' and insert ``(h)''.
       On page 16, between lines 22 and 23, insert the following:
       ``(6) Essential program activities.--The term `essential 
     program activities' includes the following activities:
       ``(A) Assistance provided to needy families with not less 
     than 1 minor child (or any expectant family).
       ``(B) Work preparation and work experience activities for 
     parents or caretakers in needy families with not less than 1 
     minor child, including assistance in finding employment, 
     child care assistance, and other support services that the 
     State considers appropriate to enable such families to become 
     self-sufficient and leave the program.
       ``(C) The requirement for parents or caretakers receiving 
     assistance under the program to engage in work activities in 
     accordance with section 404 and to enter into a personal 
     responsibility contract in accordance with section 405(a).
       ``(D) The child protection program operated by the State in 
     accordance with part B.
       ``(E) The foster care and adoption assistance program 
     operated by the State in accordance with part E.
       ``(F) The child support enforcement program operated by the 
     State in accordance with part D.
       ``(G) A teenage pregnancy prevention program, including 
     efforts to reduce and prevent out-of-wedlock pregnancies.
       ``(H) Participation in the income and eligibility 
     verification system required by section 1137.
       ``(I) The establishment and operation of a privacy system 
     that restricts the use and disclosure of information about 
     individuals and families receiving assistance under the 
     program.
       ``(J) A certification identifying the State agencies or 
     entities administering the program.
       ``(K) The establishment and operation of a reporting system 
     for reports required under this part.''
                                                                    ____

                           Amendment No. 2484

       At the end of section 201 of the amendment, add the 
     following new subsection:
       (d) Funding of Certain Programs for Drug Addicts and 
     Alcoholics.--
       (1) In general.--Out of any money in the Treasury not 
     otherwise appropriated, there are hereby appropriated--
       (A) for carrying out section 1971 of the Public Health 
     Service Act (as amended by paragraph (2) of this subsection), 
     $95,000,000 for each of the fiscal years 1997 through 2000; 
     and
       (B) for carrying out the medication development project to 
     improve drug abuse and drug treatment research (administered 
     through the National Institute on Drug Abuse), $5,000,000 for 
     each of the fiscal years 1997 through 2000.
       (2) Capacity expansion program regarding drug abuse 
     treatment.--Section 1971 of the Public Health Service Act (42 
     U.S.C. 300y) is amended--
       (A) in subsection (a)(1), by adding at the end the 
     following sentence: ``This paragraph is subject to subsection 
     (j).'';
       (B) by redesignating subsection (j) as subsection (k);
       (C) in subsection (j) (as so redesignated), by inserting 
     before the period the following: ``and for each of the fiscal 
     years 1995 through 2000''; and
       (D) by inserting after subsection (i) the following 
     subsection:
       ``(j) Formula Grants for Certain Fiscal Years.--
       ``(1) In general.--For each of the fiscal years 1997 
     through 2000, the Director shall, for the purpose described 
     in subsection (a)(1), make a grant to each State that submits 
     to the Director an application in accordance with paragraph 
     (2). Such a grant for a State shall consist of the allotment 
     determined for the State under paragraph (3). For each of the 
     fiscal years 1997 through 2000, grants under this paragraph 
     shall be the exclusive grants under this section.
       ``(2) Requirements.--The Director may make a grant under 
     paragraph (1) only if, by the date specified by the Director, 
     the State submits to the Director an application for the 
     grant that is in such form, is made in such manner, and 
     contain such agreements, assurances, and information as the 
     Director determines to be necessary to carry out this 
     subsection, and if the application contains an agreement by 
     the State in accordance with the following:
       ``(A) The State will expend the grant in accordance with 
     the priority described in subsection (b)(1).
       ``(B) The State will comply with the conditions described 
     in each of subsections (c), (d), (g), and (h).
       ``(3) Allotment.--
       ``(A) For purposes of paragraph (1), the allotment under 
     this paragraph for a State for a fiscal year shall, except as 
     provided in subparagraph (B), be the product of--
       ``(i) the amount appropriated in section 601(d)(1)(A) of 
     the Work Opportunity Act of 1995 for the fiscal year, 
     together with any additional amounts appropriated to carry 
     out this section for the fiscal year; and
       ``(ii) the percentage determined for the State under the 
     formula established in section 1933(a).
       ``(B) Subsections (b) through (d) of section 1933 apply to 
     an allotment under subparagraph (A) to the same extent and in 
     the same manner as such subsections apply to an allotment 
     under subsection (a) of section 1933.''.
                                                                    ____

                           Amendment No. 2485

       On page 374, line 2, insert ``and not reserved under 
     paragraph (3)'' after ``734(b)(2)''.
       On page 374, between lines 21 and 22, insert the following:
       (3) Reservation for indian vocational education grants.--
     From amounts made available under section 734(b)(2) for a 
     fiscal year, the Secretary shall reserve $4,000,000 for such 
     year to award grants, to tribally controlled postsecondary 
     vocational institutions to enable such institutions to carry 
     out activities described in subsection (d), on the basis of a 
     formula that--
       (A) takes into consideration--
       (i) the costs of basic operational support at such 
     institutions; and
       (ii) the availability to such institutions of Federal funds 
     not provided under this paragraph for such costs; and
       (B) is consistent with the purpose of section 382 of the 
     Carl D. Perkins Vocational and Applied Technology Education 
     Act (20 U.S.C. 2397).

  Mr. BINGAMAN. Mr. President, I yield the floor.
  Mr. PACKWOOD. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. BROWN. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. BROWN. Mr. President, notwithstanding the previous order, I ask 
unanimous consent to speak for 30 seconds on the amendment that we will 
be voting on.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                           Amendment No. 2465

  Mr. BROWN. Mr. President, the first vote we will have at 9:30 or 
shortly thereafter will be on my amendment. What it does is require 
that the States, when they receive the money from the block grant, 
handle it the same way they do their own funds. There are six States in 
our Nation that now have that money from a block grant come to their 
Governor alone. That Governor is then vested with not only the power to 
appropriate it, but to act as the executive and, incidentally, approve 
the person who is the auditor.
  So it is a safety measure, very much in line with our concept of 
constitutional government and the division of powers. And I hope all 
Members will feel comfortable in supporting it.
  Mr. President, I yield back my time and note the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. SANTORUM. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  Mr. PACKWOOD. I object.
  The PRESIDING OFFICER. The clerk will continue with the call of the 
roll.
  The legislative clerk continued with the call of the roll.
  Mr. PACKWOOD. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. PACKWOOD. Mr. President, I ask unanimous consent that the 
majority leader be able to offer a modification to his amendment after 
the votes.
  The PRESIDING OFFICER. Is there objection?
  Mr. MOYNIHAN. Mr. President, there is no objection on this side.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. SANTORUM addressed the Chair.
  The PRESIDING OFFICER. The Senator from Pennsylvania.
  Mr. SANTORUM. Mr. President, I ask unanimous consent that Senators 
Abraham and Baucus be added as cosponsors to my amendment.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                       Vote on Amendment No. 2465

  Mr. KYL. Under the previous order, the hour of 9:30 having arrived, 
the Senate will now vote on the Brown amendment No. 2465. The yeas and 
nays have been ordered. 

[[Page S 12876]]

  The clerk will call the roll.
  The assistant legislative clerk called the roll.
  Mr. LOTT: I announce that the Senator from Mississippi [Mr. Cochran] 
and the Senator from Alaska [Mr. Murkowski] are necessarily absent.
  The PRESIDING OFFICER (Mr. DeWine). Are there any other Senators in 
the Chamber desiring to vote?
  The result was announced--yeas 92, nays 6, as follows:

                      [Rollcall Vote No. 401 Leg.]

                                YEAS--92

     Abraham
     Akaka
     Baucus
     Bennett
     Bingaman
     Bond
     Boxer
     Bradley
     Breaux
     Brown
     Bryan
     Bumpers
     Burns
     Byrd
     Campbell
     Cohen
     Conrad
     Coverdell
     Craig
     D'Amato
     Daschle
     DeWine
     Dodd
     Dole
     Domenici
     Dorgan
     Exon
     Faircloth
     Feingold
     Feinstein
     Ford
     Frist
     Glenn
     Gorton
     Graham
     Gramm
     Grams
     Grassley
     Harkin
     Hatch
     Hatfield
     Heflin
     Helms
     Hollings
     Hutchison
     Inhofe
     Inouye
     Jeffords
     Johnston
     Kassebaum
     Kempthorne
     Kennedy
     Kerrey
     Kerry
     Kohl
     Kyl
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lott
     Lugar
     Mack
     McCain
     McConnell
     Mikulski
     Moseley-Braun
     Moynihan
     Murray
     Nickles
     Nunn
     Packwood
     Pell
     Pressler
     Pryor
     Reid
     Robb
     Rockefeller
     Roth
     Santorum
     Sarbanes
     Shelby
     Simon
     Simpson
     Smith
     Snowe
     Specter
     Stevens
     Thomas
     Thurmond
     Warner
     Wellstone

                                NAYS--6

     Ashcroft
     Biden
     Chafee
     Coats
     Gregg
     Thompson

                             NOT VOTING--2

     Cochran
     Murkowski
       
  So the amendment (No. 2465) was agreed to.
  Mr. MOYNIHAN. Mr. President, I move to reconsider the vote.
  Mr. GLENN. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                       Vote On Amendment No. 2477

  The PRESIDING OFFICER. The question is now on the Santorum amendment, 
No. 2477.
  The yeas and nays have been ordered.
  The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. LOTT. I announce that the Senator from Mississippi [Mr. Cochran], 
the Senator from Alaska [Mr. Murkowski], and the Senator from Texas 
[Mr. Gramm] are necessarily absent.
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
who desire to vote?
  The result was announced, yeas 91, nays 6, as follows:
                      [Rollcall Vote No. 402 Leg.]

                                YEAS--91

     Abraham
     Ashcroft
     Baucus
     Bennett
     Biden
     Bingaman
     Bond
     Boxer
     Bradley
     Breaux
     Brown
     Bryan
     Bumpers
     Burns
     Byrd
     Chafee
     Coats
     Cohen
     Conrad
     Coverdell
     Craig
     D'Amato
     Daschle
     DeWine
     Dodd
     Dole
     Domenici
     Dorgan
     Exon
     Faircloth
     Feingold
     Feinstein
     Ford
     Frist
     Glenn
     Gorton
     Graham
     Grams
     Grassley
     Gregg
     Harkin
     Hatch
     Hatfield
     Heflin
     Helms
     Hollings
     Hutchison
     Inhofe
     Jeffords
     Johnston
     Kassebaum
     Kempthorne
     Kennedy
     Kerrey
     Kerry
     Kohl
     Kyl
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lott
     Lugar
     Mack
     McCain
     McConnell
     Mikulski
     Murray
     Nickles
     Nunn
     Packwood
     Pell
     Pressler
     Pryor
     Reid
     Robb
     Rockefeller
     Roth
     Santorum
     Sarbanes
     Shelby
     Simpson
     Smith
     Snowe
     Specter
     Stevens
     Thomas
     Thompson
     Thurmond
     Warner
     Wellstone

                                NAYS--6

     Akaka
     Campbell
     Inouye
     Moseley-Braun
     Moynihan
     Simon

                             NOT VOTING--3

     Cochran
     Gramm
     Murkowski
  So the amendment (No. 2477) was agreed to.
  

                          ____________________