[Congressional Record Volume 141, Number 139 (Friday, September 8, 1995)]
[Senate]
[Pages S12876-S12878]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      FAMILY SELF-SUFFICIENCY ACT

  The Senate continued with the consideration of the bill.
  Mr. DOLE. Mr. President, I am going to modify my amendment. But if I 
could briefly put in a quorum and indicate that on this side of the 
aisle the bill will be managed by a number of members on the Finance 
Committee--Senator Grassley, Senator Hatch, Senator Santorum, Senator 
Nickles, Senator Chafee, and the leader--throughout the remainder of 
the time on this particular bill. We have a lot of managers.
  Could I suggest the absence of a quorum, unless somebody wanted to--
--
  Mr. MOYNIHAN addressed the Chair.
  The PRESIDING OFFICER. The Senator from New York.
  Mr. MOYNIHAN. A number of Senators simply wish to lay down their 
amendments. This is understood. And there will be no debate, but simply 
if you would recognize them as they rise, we would appreciate it, sir.
  Mr. SIMON addressed the Chair.
  The PRESIDING OFFICER. The Senator from Illinois.


                Amendment No. 2468 To Amendment No. 2280

 (Purpose: To provide grants for the establishment of community works 
                           progress programs)

  Mr. SIMON. This is for the purpose of laying down my amendment. It is 
No. 2468. I would like to call it up.
  I think there is another amendment pending that I have to ask 
unanimous consent to ask that it be set aside. I do so request.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. SIMON. I call up my amendment No. 2468.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Illinois [Mr. Simon] proposes an amendment 
     numbered 2468 to amendment No. 2280.

  Mr. SIMON. Mr. President, I ask that further reading of the amendment 
be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (The text of the amendment is printed in today's Record under 
``Amendments Submitted.'')
  Mr. SIMON. I ask unanimous consent that the amendment be set aside.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. LEVIN addressed the Chair.
  The PRESIDING OFFICER. The Senator from Michigan.


                Amendment No. 2486 To Amendment No. 2280

  (Purpose: To require recipients of assistance under a State program 
     funded under part A of title IV of the Social Security Act to 
participate in State mandated community service activities if they are 
       not engaged in work after 6 months of receiving benefits)

  Mr. LEVIN. Mr. President, pursuant to the unanimous consent 
agreement, I send an amendment to the desk so that it will be qualified 
pursuant to that agreement.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report.
  The legislative clerk read as follows:

       The Senator from Michigan [Mr. Levin] proposes an amendment 
     numbered 2486 to amendment No. 2280.

  Mr. LEVIN. Mr. President, I ask that further reading of the amendment 
be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:
       On page 12, between lines 22 and 23, insert the following:

[[Page S 12877]]

       ``(G) Community service.--Not later than 3 years after the 
     date of the enactment of the Work Opportunity Act of 1995, 
     should (and not later than 7 years after such date, shall) 
     offer to, and require participation by, a parent or caretaker 
     receiving assistance under the program who, after receiving 
     such assistant for 6 months--
       ``(i) is not exempt for work requirements; and
       ``(ii) is not engaged in work as determined under section 
     404(c),

     in community service employment, with minimum hours per week 
     and tasks to be determined by the State.
       On page 35, between lines 2 and 3, insert the following:
       ``(6) Certain community service excluded.--An individual 
     performing community service pursuant to the requirement 
     under section 402(a)(1)(1)G) shall be excluded from the 
     determination of a State's participation rate.

  Mr. LEVIN. Mr. President, I ask unanimous consent that the amendment 
be laid aside.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. BREAUX addressed the Chair.
  The PRESIDING OFFICER. The Senator from Louisiana.
  Mr. BREAUX. Thank you, Mr. President.


                         Privilege of the Floor

  Mr. BREAUX. Mr. President, I ask unanimous consent that Lisa Aikman, 
a congressional fellow in my office, be granted floor privileges 
through the end of our consideration of the Work Opportunity Act of 
1995.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. BREAUX. Mr. President, I ask that the pending amendment be set 
aside so I may ask unanimous consent to offer four amendments en bloc.
  The PRESIDING OFFICER. Without objection, it is so ordered.


   Amendments Nos. 2487 through 2490, En Bloc, to Amendment No. 2280

  Mr. BREAUX. I send my amendments to the desk.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Louisiana [Mr. Breaux] proposes amendments 
     numbered 2487 through 2490, en bloc, to amendment No. 2280.

  Mr. BREAUX. Mr. President, I ask that the reading of the amendments 
be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                           Amendment No. 2487
 (Propose: To maintain the welfare partnership between the States and 
                        the Federal Government)

       On page 23, beginning on line 7, strike all through page 
     24, line 18, and insert the following:
       ``(5) Welfare partnership.--
       ``(A) In general.--The amount of the grant otherwise 
     determined under paragraph (1) for fiscal year 1997, 1998, 
     1999, or 2000 shall be reduced by the amount by which State 
     expenditures under the State program funded under this part 
     for the preceding fiscal year is less than 100 percent of 
     historic State expenditures.
       ``(B) Historic state expenditures.--For purposes of this 
     paragraph--
       ``(i) In general.--The term `historic State expenditures' 
     means expenditures by a State under parts A and F of title IV 
     for fiscal year 1994, as in effect during such fiscal year.
       ``(ii) Hold harmless.--In no event shall the historic State 
     expenditures applicable to any fiscal year exceed the amount 
     which bears the same ratio to the amount determined under 
     clause (i) as--
       ``(I) the grant amount otherwise determined under paragraph 
     (1) for the preceding fiscal year (without regard to section 
     407), bears to
       ``(II) the total amount of Federal payments to the State 
     under section 403 for fiscal year 1994 (as in effect during 
     such fiscal year).
       ``(C) Determination of state expenditures for preceding 
     fiscal year.--
       ``(i) In general.--For purposes of this paragraph, the 
     expenditures of a State under the State program funded under 
     this part for a preceding fiscal year shall be equal to the 
     sum of the State's expenditures under the program in the 
     preceding fiscal year for--
       ``(I) cash assistance;
       ``(II) child care assistance;
       ``(III) education, job training, and work; and
       ``(IV) administrative costs.
       ``(ii) Transfers from other state and local programs.--In 
     determining State expenditures under clause (i), such 
     expenditures shall not include funding supplanted by 
     transfers from other State and local programs.
       ``(D) Exclusion of federal amounts.--For purposes of this 
     paragraph, State expenditures shall not include any 
     expenditures from amounts made available by the Federal 
     Government.
                           amendment no. 2488

 (Purpose: To maintain the welfare partnership between the States and 
                        the Federal Government)

       On page 23, beginning on line 7, strike all through page 
     24, line 18, and insert the following:
       ``(5) Welfare partnership.--
       ``(A) In general.--The amount of the grant otherwise 
     determined under paragraph (I) for fiscal year 1997, 1998, 
     1999, or 2000 shall be reduced by the amount by which State 
     expenditures under the State program funded under this part 
     for the preceding fiscal year is less than 90 percent of 
     historic State expenditures.
       ``(B) Historic state expenditures.--For purposes of this 
     paragraph--
       ``(i) In general.--The term `historic State expenditures' 
     means expenditures by a State under parts A and F of title IV 
     for fiscal year 1994, as in effect during such fiscal year.
       ``(ii) Hold harmless.--In no event shall the historic State 
     expenditures applicable to any fiscal year exceed the amount 
     which bears the same ratio to the amount determined under 
     clause (i) as--
       ``(I) the amount otherwise determined under paragraph (1) 
     for the preceding fiscal year (without regard to section 
     407), bears to
       ``(II) the total amount of Federal payments to the State 
     under section 403 for fiscal year 1994 (as in effect during 
     such fiscal year).
       ``(C) Determination of state expenditures for preceding 
     fiscal year.--
       ``(i) In general.--For purpose of this paragraph, the 
     expenditures of a State under the State program funded under 
     this part for a preceding fiscal year shall be equal to the 
     sum of the State's expenditures under the program in the 
     preceding fiscal year for--
       ``(I) cash assistance;
       ``(II) child care assistance;
       ``(III) education, job training, and work; and
       ``(IV) administrative costs.
       ``(ii) Transfers from other state and local programs.--In 
     determining State expenditures under clause (i), such 
     expenditures shall not include funding supplanted by 
     transfers from other State and local programs.
       ``(D) Exclusion of federal amounts.--For purposes of this 
     paragraph, State expenditures shall not include any 
     expenditures from amounts made available by the Federal 
     Government.


                           amendment no. 2489
       In section 703(39), strike ``(8)'' and all that follows and 
     insert ``(9) of section 716(a).''.
       In section 714(c)(2)(B), strike clause (vii) and insert the 
     following:
       ``(vii) the steps the State will take over the 3 years 
     covered by the plan to comply with the requirements specified 
     in section 716(a)(3) relating to the provision of education 
     and training services;''.
       In section 716(a)(1)(A), strike ``and (4)'' and insert 
     ``(4), and (5)''.
       In section 716(a)(1), strike subparagraph (B) and insert 
     the following:
       ``(B) may be used to carry out the activities described in 
     paragraphs (6), (7), (8), and (9).''.
       In section 716(a), strike paragraph (9).
       In section 716(a)(8), strike ``(8)'' and insert ``(9)''.
       In section 716(a)(7), strike ``(7)'' and insert ``(8)''.
       In section 716(a)(6), strike ``(6)'' and insert ``(7)''.
       In section 716(a)(5), strike ``(5)'' and insert ``(6)''.
       In section 716(a)(4), strike ``(4)'' and insert ``(5)''.
       In section 716(a)(3), strike ``(3)'' and insert ``(4)''.
       In section 716(a), insert after paragraph (2) the 
     following:
       ``(3) Education and training services.--
       ``(A) In general.--The State shall use a portion of the 
     funds described in paragraph (1) to provide education and 
     training services in accordance with this paragraph to 
     adults, each of whom--
       ``(i) is unable to obtain employment through core services 
     described in paragraph (2)(B);
       ``(ii) needs the education and training services in order 
     to obtain employment, as determined through--

       ``(I) an initial assessment under paragraph (2)(B)(ii); or
       ``(II) a comprehensive and specialized assessment; and

       ``(iii) is unable to obtain other grant assistance, such as 
     a Pell Grant provided under title IV of the Higher Education 
     Act of 1965 (20 U.S.C. 1070 et seq.), for such services.
       ``(B) Types of services.--Such education and training 
     services may include the following:
       ``(i) Occupational skills training, including training for 
     nontraditional employment.
       ``(ii) On-the-job training.
       ``(iii) Services that combine workplace training with 
     related instruction.
       ``(iv) Skill upgrading and retraining.
       ``(v) Entrepreneurial training.
       ``(vi) Preemployment training to enhance basic workplace 
     competencies, provided to individuals who are determined 
     under guidelines developed by the Federal Partnership to be 
     low-income.
       ``(vii) Customized training conducted with a commitment by 
     an employer or group of employers to employ an individual on 
     successful completion of the training.
       ``(C) Use of vouchers for dislocated workers.--
       ``(i) In general.--Except as provided in clauses (ii) and 
     (iii), education and training services described in 
     subparagraph (B) shall be provided to dislocated workers 
     through a system of vouchers that is administered 

[[Page S 12878]]
     through one-stop delivery described in paragraph (2).
       ``(ii) Exceptions.--Education and training services 
     described in subparagraph (B) may be provided to dislocated 
     workers in a substate area through a contract for services in 
     lieu of a voucher if--

       ``(I) the local partnership described in section 728(a), or 
     local workforce development board described in section 
     728(b), for the substate area determines there are an 
     insufficient number of eligible entities in the substate area 
     to effectively provide the education and training services 
     through a voucher system;
       ``(II) the local partnership or local workforce development 
     board determines that the eligible entities in the substate 
     area are unable to effectively provide the education and 
     training services to special participant populations; or
       ``(III) the local partnership or local workforce 
     development board decides that the education and training 
     services shall be provided through a direct contract with a 
     community-based organization serving special participant 
     populations.

       ``(iii) Prohibition on provision of on-the-job training 
     through vouchers.--On-the-job training provided under this 
     paragraph shall not be provided through a voucher system.
       ``(D) Eligibility of education and training service 
     providers.--
       ``(i) Eligibility requirements.--An entity shall be 
     eligible to provide the education and training services 
     through a program carried out under this paragraph and 
     receive funds from the portion described in subparagraph (A) 
     through the receipt of vouchers if--

       ``(I)(aa) the entity is eligible to carry out the program 
     under title IV of the Higher Education Act of 1965; or
       ``(bb) the entity is eligible to carry out the program 
     under an alternative eligibility procedure established by the 
     Governor of the State that includes criteria for minimum 
     acceptable levels of performance; and
       ``(II) the entity submits accurate performance-based 
     information required pursuant to clause (ii), [except that 
     entities described in subclause (I)(aa) shall only be 
     required to provide information for programs other than 
     programs leading to a degree.]

       ``(ii) Performance-based information.--The State shall 
     identify performance-based information that is to be 
     submitted by an entity for the entity to be eligible to 
     provide the services, and receive the funds, described in 
     clause (i). Such information [shall] include information 
     relating to--

       ``(I) the percentage of students completing the programs, 
     if any, through which the entity provides education and 
     training services described in subparagraph (B), as of the 
     date of the submission;
       ``(II) the rates of licensure of graduates of the programs;
       ``(III) the percentage of graduates of the programs meeting 
     skill standards and certification requirements endorsed by 
     the National Skill Standards Board established under the 
     Goals 2000: Educate America Act;
       ``(IV) the rates of placement and retention in employment, 
     and earnings, of the graduates of the programs;
       ``(V) the percentage of students in such a program who 
     obtained employment in an occupation related to the program; 
     and
       ``(VI) the warranties or guarantees provided by such entity 
     relating to the skill levels or employment to be attained by 
     recipients of the education and training services provided by 
     the entity under this paragraph.

       ``(iii) Administration.--The Governor shall designate a 
     State agency to collect, verify, and disseminate the 
     performance-based information submitted pursuant to clause 
     (ii).
       ``(iv) On-the-job training exception.--Entities shall not 
     be subject to the requirements of clauses (i) through (iii) 
     with respect to on-the-job training activities.''.
       In section 716(a)(7) (as so redesignated), strike 
     subparagraphs (A), (B), and (C).
       In subparagraph (D) of section 716(a)(7) (as so 
     redesignated), strike ``(D)'' and insert ``(A)''.
       In section 716(a)(7) (as so redesignated), strike 
     subparagraph (E).
       In subparagraph (F) of section 716(a)(7) (as so 
     redesignated), strike ``(F)'' and insert ``(B)''.
       In section 716(a)(7) (as so redesignated), strike 
     subparagraph (G).
       In subparagraph (H) of section 716(a)(7) (as so 
     redesignated), strike ``(H)'' and insert ``(C)''.
       In subparagraph (I) of section 716(a)(7) (as so 
     redesignated), strike ``(I)'' and insert ``(D)''.
       In section 716(a)(7) (as so redesignated), strike 
     subparagraph (J).
       In subparagraph (K) of section 716(a)(7) (as so 
     redesignated), strike ``(K)'' and insert ``(E)''.
       In subparagraph (L) of section 716(a)(7) (as so 
     redesignated), strike ``(L)'' and insert ``(F)''.
       In subparagraph (M) of section 716(a)(7) (as so 
     redesignated), strike ``(M)'' and insert ``(G)''.
       In subparagraph (N) of section 716(a)(7) (as so 
     redesignated), strike ``(N)'' and insert ``(H)''.
       In subparagraph (O) of section 716(a)(7) (as so 
     redesignated), strike ``(O)'' and insert ``(I)''.
       In section 716(g)(1)(A), strike ``(a)(6)'' and insert 
     ``(a)(7)''.
       In section 716(g)(1)(B), strike ``(a)(6)'' and insert 
     ``(a)(7)''.
       In section 716(g)(2)(A), strike ``(a)(6)'' and insert 
     ``(a)(7)''.
       In section 716(g)(2)(B)(i), strike ``(a)(6)'' and insert 
     ``(a)(7)''.
       In section 7(38) of the Rehabilitation Act of 1973 (as 
     amended by section 804), strike ``(8)'' and all that follows 
     and insert ``(9) of section 716(a) of the Workforce 
     Development Act of 1995.''.
                           amendment no. 2490

 (Purpose: To strike provisions relating to workforce development and 
                         workforce preparation)

       Strike titles VII and VIII of the amendment.
  Mr. BREAUX. I ask unanimous consent that the amendments be 
temporarily set aside until it is appropriate that they be considered.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. MOYNIHAN addressed the Chair.
  The PRESIDING OFFICER. The Senator from New York.
  Mr. MOYNIHAN. I believe the pending amendment is offered by this 
Senator under a time agreement of 1\1/2\ hours, equally divided.
  The PRESIDING OFFICER. Amendment No. 2466. There is a 90-minute time 
limit.
  Mr. MOYNIHAN. Thank you.
  Mr. DOLE. Mr. President, I wonder whether, rather than waste time in 
a quorum call, I could have consent to modify an amendment? If I could 
just extend that consent to follow disposition of the Moynihan 
amendment?
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. KERRY addressed the Chair.
  The PRESIDING OFFICER. The Senator from Massachusetts.
  Mr. KERRY. Would it be possible to proceed for 5 minutes or so on a 
subject outside of that?
  Mr. DOLE. It is all right with this Senator.
  Mr. MOYNIHAN. Five minutes, and then we can get to this matter then.
  The PRESIDING OFFICER. The Senator from Massachusetts.

                          ____________________