[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.
____________________