[Congressional Record Volume 141, Number 139 (Friday, September 8, 1995)]
[Senate]
[Pages S12937-S12958]
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.
The PRESIDING OFFICER. The Senator from Pennsylvania.
Amendment No. 2588 to Amendment No. 2280
(Purpose: To require States to provide voucher assistance for children
born to families receiving assistance)
Mr. SANTORUM. Mr. President, I send to the desk an amendment on
behalf of the Senator from Rhode Island, Senator Chafee.
The PRESIDING OFFICER. The clerk will report.
The assistant legislative clerk read as follows:
The Senator from Pennsylvania [Mr. Santorum], for Mr.
Chafee, proposes an amendment numbered 2588 to amendment No.
2280.
Mr. SANTORUM. Mr. President, I ask unanimous consent that the reading
of the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
On page 50, beginning with line 12, strike all through line
17, and insert the following:
(2) Vouchers for children born to families receiving
assistance--States must provide vouchers in lieu of cash
assistance which may be used only to pay for particular goods
and services specified by the State as suitable for the care
of the child.
Mr. SANTORUM. Mr. President, I ask unanimous consent that that
amendment be set aside for later consideration.
The PRESIDING OFFICER. Without objection, it is so ordered.
Amendment No. 2589 to Amendment No. 2280
(Purpose: To provide for child support enforcement agreements between
the States and Indian tribes or tribal organizations)
Mr. SANTORUM. Mr. President, I send to the desk an amendment on
behalf of the Senator from Arizona, Senator McCain, and ask for its
immediate consideration.
The PRESIDING OFFICER. The clerk will report.
The assistant legislative clerk read as follows:
The Senator from Pennsylvania [Mr. Santorum], for Mr.
McCain, proposes an amendment No. 2589 to amendment No. 2280.
Mr. SANTORUM. Mr. President, I ask unanimous consent that the reading
of the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
[[Page S 12938]]
The amendment is as follows:
On page 583, between lines 6 and 7, insert the following:
``(4) Families under certain agreements.--In the case of a
family receiving assistance from an Indian tribe, distribute
the amount so collected pursuant to an agreement entered into
pursuant to a State plan under section 454(32).
On page 712, between lines 9 and 10, insert the following:
SEC. 972. CHILD SUPPORT ENFORCEMENT FOR INDIAN TRIBES.
(a) Child Support Enforcement Agreements.--Section 454 (42
U.S.C. 654), as amended by sections 901(b), 904(a), 912(b),
913(a), 933, 943(a), and 970(a)(2) is amended--
(1) by striking ``and'' at the end of paragraph (30);
(2) by striking the period at the end of paragraph (31) and
inserting ``; and''; and
(3) by adding after paragraph (31) the following new
paragraph:
``(32) provide that a State that receives funding pursuant
to section 429 and that has within its borders Indian country
(as defined in section 1151 of title 18, United States Code)
shall, through the State administering agency, make
reasonable efforts to enter into cooperative agreements with
an Indian tribe or tribal organization (as defined in
paragraphs (1) and (2) of section 428(c)), if the Indian
tribe or tribal organization demonstrates that such tribe or
organization has an established tribal court system or a
Court of Indian Offenses with the authority to establish
paternity, establish and enforce support orders, and to enter
support orders in accordance with child support guidelines
established by such tribe or
organization, under which the State and tribe or
organization shall provide for the cooperative delivery of
child support enforcement services in Indian country and
for the forwarding of all funding collected pursuant to
the functions performed by the tribe or organization to
the State agency, or conversely, by the State agency to
the tribe or organization, which shall distribute such
funding in accordance with such agreement.''.
(b) Direct Federal Funding to Indian Tribes and Tribal
Organizations.--Section 455 (42 U.S.C. 655) is amended by
adding at the end the following new subsection:
``(b) The Secretary may, in appropriate cases, make direct
payments under this part to an Indian tribe or tribal
organization which has an approved child support enforcement
plan under this title. In determining whether such payments
are appropriate, the Secretary shall, at a minimum, consider
whether services are being provided to eligible Indian
recipients by the State agency through an agreement entered
into pursuant to section 454(32). The Secretary shall provide
for an appropriate adjustment to the State allotment under
this section to take into account any payments made under
this subsection to Indian tribes or tribal organizations
located within such State.
(c) Cooperative Enforcement Agreements.--Paragraph (7) of
section 454 (42 U.S.C. 654) is amended by inserting ``and
Indian tribes or tribal organizations (as defined in section
450(b) of title 25, United States Code)'' after ``law
enforcement officials''.
Mr. SANTORUM. Mr. President, I ask unanimous consent that that
amendment be set aside for later consideration.
The PRESIDING OFFICER. Without objection, it is so ordered.
The PRESIDING OFFICER. The Senator from New York.
Amendment No. 2590 to Amendment No. 2280
(Purpose: To provide that case record data submitted by the States be
disaggregated, to provide funding for certain research, demonstration,
and evaluation projects, and for other purposes)
Mr. MOYNIHAN. Mr. President, I send to the desk an amendment for
myself, Ms. Snowe, Mr. Rockefeller, and Mr. Byrd.
The PRESIDING OFFICER. The clerk will report the amendment.
The assistant legislative clerk read as follows:
The Senator from New York [Mr. Moynihan], for himself, Ms.
Snowe, Mr. Rockefeller, and Mr. Byrd, proposes an amendment
No. 2590 to amendment No. 2280.
Mr. MOYNIHAN. Mr. President, I ask unanimous consent that the reading
of the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
On page 26, between lines 21 and 22, insert the following:
``(f) Additional Amount for Studies and demonstrations.--
``(1) In general.--There are authorized to be appropriated
and there are appropriated for each fiscal year described in
subsection (a)(1) an additional amount equal to 0.20 percent
of the amount appropriated under subparagraph (A) of
subsection (a)(4) for the purpose of paying--
``(A) the Federal share of any State-initiated study
approved under section 410(g);
``(B) an amount determined by the Secretary to be necessary
to operate and evaluate demonstration projects, relating to
part A of title IV of this Act, that are in effect or
approved under section 1115 as of October 1, 1995, and are
continued after such date;
``(C) the cost of conducting the research described in
section 410(a); and
``(D) the cost of developing and evaluating innovative
approaches for reducing welfare dependency and increasing the
well-being of minor children under section 410(b).
``(2) Allocation.--Of the amount appropriated under
paragraph (1) for a fiscal year--
``(A) 50 percent shall be allocated for the purposes
described in subparagraphs (A) and (B) of paragraph (1), and
``(B) 50 percent shall be allocated for the purposes
described in subparagraphs (C) and (D) of paragraph (1).
On page 26, line 22, strike ``(f)'' and insert ``(g)''.
On page 53, beginning on line 7, strike all through page
55, line 7, and insert the following:
``(a) In General.--The Secretary, in consultation with
State and local government officials and other interested
persons, shall develop a quality assurance system of data
collection and reporting that promotes accountability and
ensures the improvement and integrity of programs funded
under this part.
``(b) State Submissions.--
``(1) In general.--Not later than the 15th day of the first
month of each calendar quarter, each State to which a grant
is made under section 403 shall submit to the Secretary the
data described in paragraphs (2) and (3) with respect to
families described in paragraph (4).
``(2) Disaggregated data described.--The data described in
this paragraph with respect to families described in
paragraph (4) is a sample of monthly disaggregated case
record data containing the following:
``(A) The age of the adults and children (including
pregnant women) in each family.
``(B) The marital and familial status of each member of the
family (including whether the family is a 2-parent family and
whether a child is living with an adult relative other than a
parent).
``(C) The gender, educational level, work experience, and
race of the head of each family.
``(D) The health status of each member of the family
(including whether any member of the family is seriously ill,
disabled, or incapacitated and is being cared for by another
member of the family).
``(E) The type and amount of any benefit or assistance
received by the family, including--
``(i) the amount of and reason for any reduction in
assistance, and
``(ii) if assistance is terminated, whether termination is
due to employment, sanction, or time limit.
``(F) Any benefit or assistance received by a member of the
family with respect to housing, food stamps, job training, or
the Head Start program.
``(G) The number of months since the family filed the most
recent application for assistance under the program and if
assistance was denied, the reason for the denial.
``(H) The number of times a family has applied for and
received assistance under the State program and the number of
months assistance has been received each time assistance has
been provided to the family.
``(I) The employment status of the adults in the family
(including the number of hours worked and the amount earned).
``(J) The date on which an adult in the family began to
engage in work, the number of hours the adult engaged in
work, the work activity in which the adult participated, and
the amount of child care assistance provided to the adult (if
any).
``(K) The number of individuals in each family receiving
assistance and the number of individuals in each family not
receiving assistance, and the relationship of each individual
to the youngest child in the family.
``(L) The citizenship status of each member of the family.
``(M) The housing arrangement of each member of the family.
``(N) The amount of unearned income, child support, assets,
and other financial factors considered in determining
eligibility for assistance under the State program.
``(O) The location in the State of each family receiving
assistance.
``(P) Any other data that the Secretary determines is
necessary to ensure efficient and effective program
administration.
``(3) Aggregated monthly data.--The data described in this
paragraph is the following aggregated monthly data with
respect to the families described in paragraph (4):
``(A) The number of families.
``(B) The number of adults in each family.
``(C) The number of children in each family.
``(D) The number of families for which assistance has been
terminated because of employment, sanctions, or time limits.
``(4) Families described.--The families described in this
paragraph are--
``(A) families receiving assistance under a State program
funded under this part for each month in the calendar quarter
preceding the calendar quarter in which the data is
submitted,
``(B) families applying for such assistance during such
preceding calendar quarter, and
``(C) families that became ineligible to receive such
assistance during such preceding calendar quarter.
``(5) Appropriate subsets of data collected.--The Secretary
shall determine appropriate subsets of the data described in
[[Page S 12939]]
paragraphs (2) and (3) that a State is required to submit under
paragraph (1) with respect to families described in
subparagraphs (B) and (C) of paragraph (4).
``(6) Sampling and other methods.--The Secretary shall
provide the States with such case sampling plans and data
collection procedures as the Secretary deems necessary to
produce statistically valid estimates of each State's program
performance. The Secretary is authorized to develop and
implement procedures for verifying the quality of data
submitted by the States.
On page 58, between lines 5 and 6, insert the following:
``(j) Report to Congress.--Not later than 6 months after
the end of fiscal year 1997, and each fiscal year thereafter,
the Secretary shall transmit to the Congress a report
describing--
``(1) whether the States are meeting--
``(A) the participation rates described in section 404(a);
and
``(B) the objectives of--
``(i) increasing employment and earnings of needy families,
and child support collections; and
``(ii) decreasing out-of-wedlock pregnancies and child
poverty;
``(3) the demographic and financial characteristics of
families applying for assistance, families receiving
assistance, and families that become ineligible to receive
assistance;
``(4) the characteristics of each State program funded
under this part; and
``(5) the trends in employment and earnings of needy
families with minor children.
On page 58, beginning on line 8, strike all through page
58, line 21, and insert the following:
``(a) Research.--The Secretary shall conduct research on
the benefits, effects, and costs of operating different State
programs funded under this part, including time limits
relating to eligibility for assistance. The research shall
include studies on the effects of different programs and the
operation of such programs on welfare dependency,
illegitimacy, teen pregnancy, employment rates, child well-
being, and any other area the Secretary deems appropriate.
``(b) Development and Evaluation of Innovative Approaches
To Reducing Welfare Dependency and Increasing Child Well-
Being.--
``(1) In general.--The Secretary may assist States in
developing, and shall evaluate, innovative approaches for
reducing welfare dependency and increasing the well-being of
minor children with respect to recipients of assistance under
programs funded under this part. The Secretary may provide
funds for training and technical assistance to carry out the
approaches developed pursuant to this paragraph.
``(2) Evaluations.--In performing the evaluations under
paragraph (1), the Secretary shall, to the maximum extent
feasible, use random assignment as an evaluation methodology.
On page 58, line 22, strike ``(d)'' and insert ``(c)''.
On page 59, line 4, strike ``(e)'' and insert ``(d)''.
On page 59, line 22, strike ``(f)'' and insert ``(e)''.
On page 60, between lines 13 and 14, insert the following:
``(g) State-Initiated Studies.--A State shall be eligible
to receive funding to evaluate the State's family assistance
program funded under this part if--
``(1) the State submits a proposal to the Secretary for
such evaluation,
``(2) the Secretary determines that the design and approach
of the evaluation is rigorous and is likely to yield
information that is credible and will be useful to other
States, and
``(3) unless otherwise waived by the Secretary, the State
provides a non-Federal share of at least 10 percent of the
cost of such study.
Mr. MOYNIHAN. Mr. President, I ask unanimous consent that the
amendment be laid aside.
The PRESIDING OFFICER. Without objection, it is so ordered.
Amendment Nos. 2591 through 2593, En Bloc, to Amendment No. 2280
Mr. MOYNIHAN. Mr. President, I now send to the desk three amendments
by Senator Boxer and ask unanimous consent that they be considered 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 York [Mr. Moynihan], for Mrs. Boxer,
proposes amendments numbered 2591 through 2593, en bloc, to
amendment No. 2280.
Mr. MOYNIHAN. Mr. President, I ask unanimous consent that the reading
of the amendments be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendments are as follows:
amendment no. 2591
(Purpose: To provide for a child care maintenance of effort)
On page 17, line 2, strike ``and (5)'' and insert ``(5),
and (6)''.
On page 24, between lines 18 and 19, and insert the
following:
``(6) Child care maintenance of effort.--
``(A) In general.--The amount of the grant otherwise
determined under paragraph (1) for fiscal year 1997, 1998,
1999, and 2000 shall be reduced by the amount by which State
expenditures under the State program funded under this part
for child care for the preceding fiscal year is less than
historic State child care expenditures.
``(B) Historic state child care expenditures.--For purposes
of this paragraph, the term `historic State child care
expenditures' means amounts expended for fiscal year 1994 for
child care under--
``(i) section 402(g)(1)(A)(i) of this Act (relating to
AFDC-JOBs child care) (as in effect during such year);
``(ii) section 402(g)(1)(A)(ii) of this Act (relating to
transitional child care) (as so in effect); and
``(iii) section 402(i) of this Act (relating to at-risk
child care) (as so in effect).
``(C) Determining state expenditures.--For purposes of this
paragraph, State expenditures shall not include any
expenditures from amounts made available by the Federal
Government.
``(D) Bonus for states with high work participation
rates.--The Secretary shall distribute (in a manner to be
determined by the Secretary) amounts by which State grants
are reduced under this section to States that exceed the
minimum participation rates specified under section 404(a).
If no State qualifies for such distribution, the Secretary
may retain such amounts for distribution in succeeding years.
amendment no. 2592
(Purpose: To provide that State authority to restrict benefits to
noncitizens does not apply to foster care or adoption assistance
programs)
On page 292, line 5, strike ``and''.
On page 292, line 11, strike the end period and insert ``,
and''.
On page 292, between lines 11 and 12, insert:
(F) payments for foster care and adoption assistance under
part E of title IV of the Social Security Act.
amendment no. 2593
(Purpose: Expressing the sense of the Senate on restrictions on
providing medical information by recipients of Federal aid)
At the appropriate place, insert the following new section:
SEC. . SENSE OF SENATE REGARDING GAG RULE.
It is the sense of the Senate that, notwithstanding any
other provision of law, receipt of Federal funding by
providers of health care or social services shall not permit
the Federal Government, States, counties, or any other
political subdivisions to restrict the content of any medical
information provided by those providers in furtherance of the
provision of health care or social services to their patients
or clients.
Mr. MOYNIHAN. Mr. President, I ask unanimous consent that the
amendments be laid aside.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. MOYNIHAN. 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. SANTORUM. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Amendments Nos. 2594 through 2609, en bloc, to Amendment No. 2280
Mr. SANTORUM. Mr. President, I send 16 amendments, en bloc, on behalf
of Senator Faircloth and ask for their immediate consideration.
The PRESIDING OFFICER. The clerk will report.
The assistant legislative clerk read as follows:
The Senator from Pennsylvania [Mr. Santorum], for Mr.
Faircloth, proposes amendments numbered 2594 through 2609, en
bloc.
Mr. SANTORUM. Mr. President, I ask unanimous consent that reading of
the amendments be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendments are as follows:
Amendment no. 2594
(Purpose: To prohibit direct cash benefits for out of wedlock births to
minors except under certain condition)
On page 49, strike line 13 through line 19 and insert the
following.
``(b) No Assistance for Out-of-Wedlock Births To Minors
Unless Certain Conditions are Met.--Notwithstanding
subsection (d), a State to which a grant is made under
section 403 may not use any part of the grant to provide cash
benefits for a child born out-of-wedlock to an individual who
has not attained 18 years of age, or for the individual,
until the individual attains such age or unless the following
conditions are met:
``(A) The individual is in, or has graduated from, a
secondary school or a program offering the equivalent of
vocational or technical training, or has obtained a
certificate of high school equivalency.
``(B) Any cash benefits for the child or the individual are
provided only to--
[[Page S 12940]]
``(i) an adult with whom the individual or child reside,
and whom the State recognizes as acting in loco parentis with
respect to the individual; or
``(ii) the maternity home, foster home, or other adult-
supervised supportive living arrangement in which the
individual lives.
``(C) Any vouchers provided in lieu of cash benefits for
the individual or the child may be used only to pay for--
``(i) particular goods and services specified by the State
as suitable for the care of the child (such as diapers,
clothing, or cribs): or
``(ii) the costs associated with a maternity home, foster
home, or other adult supervised supportive living arrangement
in which the individual and child live.
``(D) Exception for Rape or Incest.--Subparagraph (A) shall
not apply with respect to a child who is born as a result of
rape or incest.''
AMENDMENT NO. 2595
(Purpose: To require the Secretary of Housing and Urban Development to
submit a report regarding disqualification of illegal aliens from
housing assistance programs)
At the appropriate place, insert the following:
SEC. ____. REPORT ON DISQUALIFICATION OF ILLEGAL ALIENS FROM
HOUSING ASSISTANCE PROGRAMS.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Housing and Urban
Development shall submit to the Committees on the Judiciary
of the House of Representatives and the Senate, the Committee
on Banking and Financial Services of the House of
Representatives, and the Committee on Banking, Housing, and
Urban Affairs of the Senate, a report describing the manner
in which the Secretary is enforcing section 214 of the
Housing and Community Development Act of 1980.
(b) Contents.--The report submitted under subsection (a)
shall include statistics with respect to the number of aliens
denied financial assistance under such section.
Amend the table of contents accordingly.
amendment no. 2596
(Purpose: To express the sense of the Congress regarding a work
requirement for public housing residents)
At the appropriate place, insert the following:
SEC. . SENSE OF THE CONGRESS REGARDING A WORK REQUIREMENT
FOR PUBLIC HOUSING RESIDENTS.
It is the sense of the Congress that able-bodied residents
of public housing (as such term is defined in section 3(b) of
the United States Housing Act of 1937) should be required to
perform work service to improve and maintain the facilities
in which they live.
Amend the table of contents accordingly.
amendment no. 2597
(Purpose: To require ongoing State evaluations of activities carried
out through statewide workforce development systems)
At the end of section 731, insert the following:
(f) Evaluations.--
(1) Covered activities.--The activities referred to in this
subsection are activities carried out under this subtitle or
subtitle C.
(2) In general.--Each State that carries out activities
described in paragraph (1) shall conduct ongoing evaluations
of such activities.
(3) Methods.--The State shall conduct such evaluations
through controlled experiments using experimental and control
groups chosen by random assignment. In conducting the
evaluations, the State shall, at a minimum, determine whether
activities described in paragraph (1) effectively raise the
hourly wage rates of participants in such activities.
(4) Ongoing nature of evaluations.--At any given time
during the 2-year period of the program, the State shall
conduct at least 1 such evaluation of the activities
described in paragraph (1).
amendment no. 2598
(Purpose: To provide for transferability of funds)
At the end of section 712, insert the following:
(d) Transferability To Operate Work Programs.--
(1) Transfers to other work and training activities.--The
Governor of a State that receives an allotment under this
section may use 25 percent of the funds made available
through the allotment--
(A) to enable the State to meet the minimum participation
rates described in section 404(a) of the Social Security Act
(as amended by section 101), including the provision of such
child care services as the Governor may determine to be
necessary to meet the rates; or
(B) for the implementation of work and training programs
for recipients of Federal means tested assistance (as defined
by the Federal Partnership), including the provision of the
child care services described in subparagraph (A).
(2) Transfers from other work and training activities.--The
Governor of a State that receives funds under part A of title
IV of the Social Security Act, or Federal financial
assistance to carry out the programs described in paragraph
(1)(B), may use 25 percent of the funds or financial
assistance to carry out the activities described in this
subtitle.
amendment no. 2599
(Purpose: To provide for transferability of funds allotted for
workforce preparation activities for at-risk youth)
In section 759(b), add at the end the following:
(3) Transfers to other work and training activities.--The
Governor of a State that receives an allotment under this
section may use 25 percent of the funds made available
through the allotment--
(A) to enable the State to meet the minimum participation
rates described in section 404(a) of the Social Security Act
(as amended by section 101), including the provision of such
child care services as the Governor may determine to be
necessary to meet the rates; or
(B) for the implementation of work and training programs
for recipients of Federal means tested assistance (as defined
by the Federal Partnership), including the provision of the
child care services described in subparagraph (A).
(4) Transfers from other work and training activities.--The
Governor of a State that receives funds under part A of title
IV of the Social Security Act, or Federal financial
assistance to carry out the programs described in paragraph
(3)(B), may use 25 percent of the funds or financial
assistance to carry out the activities described in this
subtitle.
amendment no. 2600
(Purpose: To allow a State agency to make cash payments to certain
individuals in lieu of food stamp allotments)
On page 200, between 11 and 12, insert the following:
SEC. 321. CASH AID IN LIEU OF ALLOTMENT.
Section 7 of the Food Stamp Act of 1977 (7 U.S.C. 2016) (as
amended by section 320) is further amended by adding at the
end the following:
``(k) Cash aid in lieu of coupons.--
``(1) Eligible individuals.--For purposes of this
subsection, an individual shall be eligible if the individual
is--
``(A) receiving benefits under this Act;
``(B) receiving benefits under a State program funded under
part A of title IV of the Social Security Act (42 U.S.C. 601
et seq.); and
``(C) participating in subsidized employment, on-the-job
training, or a community service program under section 404 of
the Social Security Act.
``(2) State option.--In the case of an eligible individual
described in paragraph (1), a State agency may--
``(A) convert the food stamp benefits of the household of
which the individual is a member to cash, and provide the
cash in a single integrated payment with cash aid under part
A of title IV of the Social Security Act (42 U.S.C. 601 et
seq.); and
``(B) sanction the individual, or a household that contains
the individual, or reduce the benefits of the individual or
household under the same rules and procedures as the State
uses under part A of title IV of the Act (42 U.S.C. 601 et
seq.).
amendment no. 2601
(Purpose: To integrate the temporary assistance to needy families with
food stamp work rules)
On page 190, strike lines 9 through 17 and insert the
following:
``(i) Comparable Treatment Under Separate Programs.--
``(1) In general.--If a disqualification, penalty, or
sanction is imposed on a household or part of a household for
a failure of an individual to perform an action required
under a Federal, State, or local law relating to a welfare or
public assistance program, the State agency may impose the
same disqualification, penalty, or sanction on the household
or part of the household under the food stamp program using
the rules and procedures that apply to the welfare or public
assistance program.
amendment no. 2602
(Purpose: To limit vocational education activities counted as work)
On page 36, between lines 13 and 14, insert the following:
``(4) Limitation on vocational education activities counted
as work.--For purposes of determining monthly participation
rates under paragraphs (1)(B)(i)(I) and (2)(B)(i) of
subsection (b), not more than 20 percent of adults in all
families and in 2-parent families determined to be engaged in
work in the State for a month may meet the work activity
requirement through participation in vocational educational
training.
amendment no. 2603
(Purpose: To deny assistance for out-of-wedlock births to minors)
On page 49, strike lines 13 through 19, and insert the
following:
``(b) No Assistance For Out-of-wedlock Births To Minors.--
``(1) General rule.--A State to which a grant is made under
section 403 may not use any part of the grant to provide cash
benefits for a child born out-of-wedlock to an individual who
has not attained 18 years of age, or for the individual,
until the individual attains such age.
``(2) Exception for rape or incest.--Paragraph (1) shall
not apply with respect to a child who is born as a result of
rape (other than statutory rape) or incest.
``(3) Exception for vouchers.--Paragraph (1) shall not
apply to vouchers which are provided in lieu of cash benefits
and which may be used only to pay for particular goods and
[[Page S 12941]]
services specified by the State as suitable for the care of the child
involved.
``(4) State may elect not to have provision apply.--
``(A) In general.--Paragraph (1) shall not apply to a State
during any period during which there is in effect a State law
which provides that individuals described in paragraph (1)
are eligible for cash benefits from funds made available
under section 403.
``(B) Time for election.--Subparagraph (A) shall only apply
if such State law is in effect on or before the first day of
the first calendar quarter beginning after the close of the
first regular session of the State legislature that begins
after the date of the enactment of the Work Opportunity Act
of 1995.
``(C) Transition rule.--Paragraph (1) shall not apply in a
State before the first day of the first calendar quarter
described in subparagraph (B) unless there is in effect
before such day a State law prohibiting cash benefits to
individuals described in paragraph (1).
amendment no. 2604
(Purpose: To provide for no additional cash assistance for children
born to families receiving assistance)
On page 49, beginning with line 20, strike all through page
50, line 5, and insert the following:
``(c) No Additional Cash Assistance For Children Born To
Families Receiving Assistance.--
``(1) General rule.--A State to which a grant is made under
section 403 may not use any part of the grant to provide cash
benefits for a minor child who is born to--
``(A) a recipient of benefits under the program operated
under this part; or
``(B) a person who received such benefits at any time
during the 10-month period ending with the birth of the
child.
``(2) Exception for rape or incest.--Paragraph (1) shall
not apply with respect to a child who is born as a result of
rape (other than statutory rape) or incest.
``(3) Exception for vouchers.--Paragraph (1) shall not
apply to vouchers which are provided in lieu of cash benefits
and which may be used only to pay for particular goods and
services specified by the State as suitable for the care of
the child involved.
``(4) State may elect not to have provision apply.--
``(A) In general.--Paragraph (1) shall not apply to a State
during any period during which there is in effect a State law
which provides that individuals described in paragraph (1)
are eligible for cash benefits from funds made available
under section 403.
``(B) Time for election.--Subparagraph (A) shall only apply
if such State law is in effect on or before the first day of
the first calendar quarter beginning after the close of the
first regular session of the State legislature that begins
after the date of the enactment of the Work Opportunity Act
of 1995.
``(C) Transition rule.--Paragraph (1) shall not apply in a
State before the first day of the first calendar quarter
described in subparagraph (B) unless there is in effect
before such day a State law prohibiting cash benefits to
individuals described in paragraph (1).
amendment no. 2605
(Purpose: To deny assistance for out-of-wedlock births to minors)
On page 49, strike lines 13 through 19, and insert the
following:
``(b) No Assistance for Out-of-wedlock Births to Minors.--
``(1) General rule.--A State to which a grant is made under
section 403 may not use any part of the grant to provide cash
benefits for a child born out-of-wedlock to an individual who
has not attained 18 years of age, or for the individual,
until the individual attains such age.
``(2) Exception for rape or incest.--Paragraph (1) shall
not apply with respect to a child who is born as a result of
rape (other then statutory rape) or incest.
``(3) State option.--Nothing in paragraph (1) shall be
construed to prohibit a State from using funds provided by
section 403 from providing aid in the form of vouchers that
may be used only to pay for particular goods and services
specified by the State as suitable for the care of the child
such as diapers, clothing, and school supplies.
amendment no. 2606
(Purpose: To provide for provisions relating to paternity establishment
and fraud)
On page 42, between lines 21 and 22, insert the following:
``(f) Provisions Relating to Paternity Establishment.--
``(1) Paternity not established.--If a State provides cash
benefits to families from grant funds received by the State
under section 403, the State shall provide that if a family
applying for such benefits includes a child who has not
attained age 18 and who was born on or after January 1, 1996,
with respect to whom paternity has not been established, such
benefits shall not be available for--
``(A) such child (until the child attains age 18); and
``(B) the parent or caretaker relative of such child if the
parent or caretaker relative of such child is not the parent
or caretaker relative of another child for whom benefits are
available.
``(2) Exceptions.--Notwithstanding paragraph (1)--
``(A) the State may use grant funds received by the State
under section 403 to provide cash benefits to a minor child
who is up to 6 months of age for whom paternity has not been
established if the parent or caretaker relative of the child
provides the name, address, and such other identifying
information as the State may require of an individual who may
be the father of the child; and
``(B) the State may exempt up to 25 percent of all families
in the population described in paragraph (1) applying for
cash benefits from grant funds received by the State under
section 403 which include a child who was born on or after
January 1, 1996, and with respect to whom paternity has not
been established, from the reduction imposed under paragraph
(1).
amendment no. 2607
(Purpose: To require State goals and a State plan for reducing
illegitimacy)
On page 11, beginning on line 5, strike ``, and establish''
and all that follows through line 7, and insert a period.
On page 11, between lines 7 and 8, insert the following:
``SEC. 401A. GOALS AND PLAN OR REDUCING ILLEGITIMACY.
``(a) In General.--Not later than 1 year after the date of
the enactment of this Act, each State to which a grant is
made under section 403 shall--
``(1) establish formal numeric goals for the State's
illegitimacy ratio for fiscal years 1997 through 2007; and
``(2) submit a plan to the Secretary that--
``(A) outlines how the State intends to reduce the State's
illegitimacy ratio; and
``(B) evaluates the potential impact of the State's plan
for reducing the State's illegitimacy ratio on the State's
abortion rate.
``(b) Illegitimacy Ratio and Abortion Rate.--
``(1) Illegitimacy ratio.--For purposes of this section,
the term `illegitimacy ratio' means, with respect to a State
and a fiscal year--
``(A) the number of out-of-wedlock births that occurred in
the State during the most recent fiscal year for which such
information is available; divided by
``(B) the number of births that occurred in the State
during the most recent fiscal year for which such information
is available.
``(2) Abortion rate.--For purposes of this section, the
term `abortion rate' means, with respect to a State and a
fiscal year, the number of abortions performed in the State
per 1,000 women who are residents of the State and are
between the ages of 15 and 44 during the most recent fiscal
year for which such information is available.
amendment no. 2608
(Purpose: To provide for an abstinence education program)
On page 425, between lines 15 and 16, insert the following:
``(d) Abstinence Education Program.--
``(1) Funds earmarked.--Of the amounts appropriated under
subsection (a), $200,000,000 shall be allocated to the States
pursuant to the allocation formula and rules under title V of
the Social Security Act (42 U.S.C. 701 et seq.) to be used
exclusively for abstinence education, and at the option of
the State, where appropriate, mentoring, counseling, and
adult supervision to promote abstinence from sexual activity,
with a focus on those groups which are most likely to bear
children out-of-wedlock.
``(2) Abstinence education.--For purposes of this
subsection, the term `abstinence education' shall mean an
educational or motivational program which--
``(A) has as its exclusive purpose, teaching the social,
psychological, and health gains to be realized by abstaining
from sexual activity;
``(B) teaches abstinence from sexual activity outside
marriage as the expected standard for all school age
children;
``(C) teaches that abstinence from sexual activity is the
only certain way to avoid out-of-wedlock pregnancy, sexually
transmitted diseases, and other associated health problems;
``(D) teaches that a mutually faithful monogamous
relationship in context of marriage is the expected standard
of human sexual activity;
``(E) teaches that sexual activity outside of the context
of marriage is likely to have harmful psychological and
physical effects;
``(F) teaches that bearing children out-of-wedlock is
likely to have harmful consequences for the child, the
child's parents, and society;
``(G) teaches young people how to reject sexual advances
and how alcohol and drug use increases vulnerability to
sexual advances; and
``(H) teaches the importance of attaining self-sufficiency
before engaging in sexual activity.
amendment no. 2609
(Purpose: To prohibit teenage parents from living in the home of an
adult relative or guardian who has a history of receiving assistance)
On page 50, line 13, insert ``except as provided in
paragraph (3),'' after ``(A)''.
On page 51, between lines 11 and 12, insert the following:
``(3) Requirement that adult relative or guardian not have
a history of assistance.--A State shall not use any part of
the grant paid under section 403 to provide assistance to an
individual described in paragraph (2) if such individual
resides with a parent, guardian, or other adult relative
who--
(A) has had a child out-of-wedlock; and
(B) during the preceding 2-year period, received assistance
as an adult under a State
[[Page S 12942]]
program funded under this part or under the program for aid to families
with dependent children.
Mr. SANTORUM. I ask unanimous consent that the amendments just
offered be temporarily set aside.
The PRESIDING OFFICER. Without objection, it is so ordered.
Amendments Nos. 2610 and 2611, en bloc, to Amendment No. 2280
Mr. MOYNIHAN. Mr. President, I send two amendments to the desk and
ask for their immediate consideration.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:
The Senator from New York [Mr. Moynihan] proposes
amendments numbered 2610 and 2611.
Mr. MOYNIHAN. Mr. President, I ask unanimous consent that reading of
the amendments be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendments are as follows:
amendment no. 2610
(Purpose: To amend title 13, United States Code, to require that any
data relating to the incidence of poverty produced or published by the
Secretary of Commerce for subnational areas is corrected for
differences in the cost of living in those areas)
On page 122, between lines 11 and 12, insert the following:
SEC. 110A. POVERTY DATA CORRECTION.
(a) In General.--Chapter 5 of title 13, United States Code,
is amended by adding after subchapter V the following:
``Subchapter VI--Poverty Data
``SEC. 197. CORRECTION OF SUBNATIONAL DATA RELATING TO
POVERTY.
``(a) Any data relating to the incidence of poverty
produced or published by or for the Secretary for subnational
areas shall be corrected for differences in the cost of
living, and data produced for State and sub-State areas shall
be corrected for differences in the cost of living for at
least all States of the United States.
``(b) Data under this section shall be published in 1997
and at least every second year thereafter.
``SEC. 198. DEVELOPMENT OF STATE COST-OF-LIVING INDEX AND
STATE POVERTY THRESHOLDS.
``(a) To correct any data relating to the incidence of
poverty for differences in the cost of living, the Secretary
shall--
``(1) develop or cause to be developed a State cost-of-
living index which ranks and assigns an index value to each
State using data on wage, housing, and other costs relevant
to the cost of living; and
``(2) multiply the Federal Government's statistical poverty
thresholds by the index value for each State's cost of living
to produce State poverty thresholds for each State.
``(b) The State cost-of-living index and resulting State
poverty thresholds shall be published prior to September 30,
1996, for calendar year 1995 and shall be updated annually
for each subsequent calendar year.''.
(b) Conforming Amendment.--The table of subchapters of
chapter 5 of the title 13, United States Code, is amended by
adding at the end the following:
``Subchapter VI--Poverty Data
``Sec. 197. Correction of subnational data relating to poverty.
``Sec. 198. Development of State cost-of-living index and State poverty
thresholds.''.
amendment no. 2611
(Purpose: To correct imbalances in certain States in the Federal tax to
Federal benefit ratio by reallocating the distribution of Federal
spending, and for other purposes)
At the appropriate place, insert:
TITLE --STATE MINIMUM RETURN OF FEDERAL TAX BURDEN
SEC. 01. SHORT TITLE.
This title may be cited as the ``State Minimum Return Act
of 1995''.
SEC. 02. STATEMENT OF POLICY.
It is the purpose of this title to provide, within existing
budgetary limits, authority to reallocate the distribution of
certain Federal spending to various States in order to ensure
by the end of fiscal year 2000 that each State receive in
each fiscal year a percentage of total allocable Federal
expenditures equal to a minimum of 90 percent of the
percentage of total Federal tax burden attributable to such
State for such fiscal year.
SEC. 03. DEFINITIONS.
As used in this title--
(1) The term ``Director'' means the Director of the Office
of Management and Budget.
(2) The term ``Federal agency'' means any agency defined in
section 551(1) of title 5, United States Code.
(3) The term ``State'' means each of the several States and
the District of Columbia.
(4) The term ``historic share'' means the average
percentage share of Federal expenditures received by any
State during the most recent three fiscal years.
(5) The term ``Federal expenditures'' means all outlays by
the Federal Government as defined in section 3(1) of the
Congressional Budget and Impoundment Control Act of 1974 (2
U.S.C. 622(1)) which the Bureau of the Census can allocate to
the several States.
(6) The term ``Federal tax revenues'' means all revenues
collected pursuant to the Internal Revenue Code of 1986.
(7) The term ``need-based program'' means any program which
results in direct payment to individuals and which involves
an income test to help determine the eligibility of an
individual for assistance under such program.
SEC. 04. DESIGNATION OF ELIGIBLE STATES.
(a) Any State shall be eligible for a positive reallocation
of allocable Federal expenditures described in section __ 05
and received by such State under section 07(a), if such
State, for any fiscal year, has an allocable Federal
expenditure to Federal tax ratio which is less than 90
percent.
(b) Any State shall be eligible for a positive reallocation
of Federal expenditures described in section __ 05 and
received by such State under paragraph (1) of section
07(a), if such State, for any fiscal year, has an allocable
Federal expenditure to Federal tax ratio which is less than
100 percent but greater than or equal to 90 percent.
(c) During each fiscal year, the Director, after
consultation with the Secretary of the Treasury and the
Director of the Census Bureau, shall determine the
eligibility of any State under this section using the most
recent fiscal year data and estimated data available
concerning Federal tax revenues and allocable Federal
expenditures attributable to such State. The Secretary of the
Treasury shall determine the attribution of Federal tax
revenues to each State after consultation with the
Comptroller General of the United States and other interested
public and private persons.
(d) For purposes of determining the eligibility of any
State under subsection (c), any water or power program in
which the Federal Government, through Government
corporations, provides water or power to any State at less
than market price shall be taken into account in computing
such State's allocable Federal expenditure to Federal tax
ratio by characterizing as an imputed Federal expenditure the
difference between the market price as determined by the
Secretary of the Treasury in consultation with the Director
and the Secretary of Energy and the Secretary of the Interior
and the program's actual price of providing such water or
power to such State.
SEC. 05. DESIGNATION OF REALLOCABLE FEDERAL EXPENDITURES.
All allocable Federal expenditures in any fiscal year shall
be subject to reallocation to ensure the objective described
in section __ 02 with respect to eligible States designated
under section __ 04, except for such expenditures with
respect to the following:
(1) Water and power programs which are described in section
__ 04(d).
(2) Compensation and allowances of officers and employees
of the Federal Government.
(3) Maintenance of Federal Government buildings and
installations.
(4) Offsetting receipts.
(5) Programs for which the Federal Government assumes the
total cost and in which a direct payment is made to a
recipient other than a governmental unit. Such programs
include, but are not limited to:
(A) Social Security, including disability, retirement,
survivors insurance, unemployment compensation, and Medicare,
including hospital and supplementary medical insurance;
(B) Supplemental Security Income;
(C) Food Stamps;
(D) Black Lung Disability;
(E) National Guaranteed Student Loan interest subsidies;
(F) Pell grants;
(G) lower income housing assistance;
(H) social insurance payments for railroad workers;
(I) railroad retirement;
(J) excess earned income tax credits;
(K) veterans assistance, including pensions, service
connected disability, nonservice connected disability,
educational assistance, dependency payments, and pensions for
spouses and surviving dependents;
(L) Federal workers' compensation;
(M) Federal retirement and disability;
(N) Federal employee life and health insurance; and
(O) farm income support programs.
SEC. 06. REALLOCATION AUTHORITY.
(a) Notwithstanding any other provision of law, during any
fiscal year the head of each Federal agency shall, after
consultation with the Director, make such reallocations of
allocable expenditures described in section 05 to eligible
States designated under section 04 as are necessary to
ensure the objective described in section 02.
(b) Notwithstanding any other provisions of law and to the
extent necessary in the administration of this title, the
head of each Federal agency shall waive any administrative
provision with respect to allocation, allotments,
reservations, priorities, or planning and application
requirements (other than audit requirements) for the
expenditures reallocated under this title.
(c) The head of each Federal agency having responsibilities
under this title is authorized and directed to cooperate with
the Director in the administration of the provisions of this
title.
SEC. 07. REALLOCATION MECHANISMS.
(a) Notwithstanding any other provision of law, for
purposes of this title, during any fiscal year reallocations
of expenditures required by section 06 shall be
accomplished in the following manner:
[[Page S 12943]]
(1)(A) With respect to procurement contracts, and
subcontracts in excess of $25,000, the head of each Federal
agency shall--
(i) identify qualified firms in eligible States designated
under section 04 and disseminate any information to such
firms necessary to increase participation by such firms in
the bidding for such contracts and subcontracts,
(ii) in order to ensure the objective described in section
02, increase the national share of such contracts and
subcontracts for each eligible State designated under section
04(a) by up to 10 percent each fiscal year, and
(iii) thirty days after the end of each fiscal year, report
to the Director regarding progress made during such fiscal
year to increase the share of such contracts and subcontracts
for
such eligible States, including the percentage increase
achieved under clause (ii) and if the goal described in
clause (ii) is not attained, the reasons therefor.
Within ninety days after the end of each fiscal year, the
Director shall review, evaluate, and report to the Congress
as to the progress made during such fiscal year to increase
the share of procurement contracts and subcontracts the
preponderance of the value of which has been performed in
such eligible States.
(B) With respect to each fiscal year, if any Federal agency
does not attain the goal described in subparagraph (A)(ii),
then, during the subsequent fiscal year, such agency shall
report to the Director prior to the awarding of any contract
or subcontract described in subparagraph (A) to any firm in
an ineligible State the reasons such contract or subcontract
was not awarded to any firm in an eligible State.
(C) In the case of any competitive procurement contract or
subcontract, the head of the contracting Federal agency shall
award such contract or subcontract to the lowest bid from a
qualified firm that will perform the preponderance of the
value of the work in an eligible State designated under
section ____04 if the bid for such contract or subcontract is
lower or equivalent to any bid from any qualified firm that
will perform the preponderance of the value of the work in an
ineligible State.
(D) In the case of any noncompetitive procurement contract
or subcontract, the head of each Federal agency shall
identify and award such contract or subcontract to a
qualified firm that will perform the preponderance of the
value of the work in an eligible State designated under
section ____04 and that complete such contract or subcontract
at a lower or equivalent price as any qualified firm that
will perform the preponderance of the value of the work in an
ineligible State.
(E) For purposes of this paragraph, in the case of any
procurement contract or subcontract, any firm shall be
qualified if--
(i) such firm has met the elements of responsibility
provided for in section 8(b)(7) of the Small Business Act (15
U.S.C. 637(b)(7)) as determined by the head of the
contracting Federal agency to be necessary to complete the
contract or subcontract in a timely and satisfactory manner,
and
(ii) with respect to any prequalification requirement, such
firm has been notified in writing of all standards which a
prospective contractor must satisfy in order to become
qualified, and upon request, is provided a prompt opportunity
to demonstrate the ability of such firm to meet such
specified standards.
(F) In order to reallocate expenditures with respect to
subcontracts as required by subparagraph (A), each Federal
agency shall collect necessary data to identify such
subcontracts beginning in fiscal year 1991.
(a) With respect to all other expenditures described in
section ____05, including all grants administered by the
Department of Transportation, the Department of the Interior,
the Department of Agriculture, the Environmental Protection
Agency, and the United States Army Corps of Engineers, any
eligible State designated under section ____04(a) shall
receive 110 percent of such State's historic share with
respect to such expenditures.
(b) No reallocation shall be made under this section with
respect to allocable expenditures for any program to any
State in any fiscal year which results in a reduction of 10
percent or more of the amount of such expenditures to such
State.
(c) No reallocation shall be made under the provisions of
this title which will result in any allocable Federal
expenditure to Federal tax ratio of any State being reduced
below 90 percent.
SEC. ____08. AMENDMENTS.
No provision of law shall explicitly or implicitly amend
the provisions of this title unless such provision
specifically refers to this title.
SEC. ____09. STUDY.
(a) The Secretary of the Treasury or a delegate of the
Secretary shall conduct a study on the impact of Federal
spending, tax policy, and fiscal policy on State economies
and the economic growth rate of States and regions of the
United States. In particular, the Secretary or his delegate
shall examine the extent to which the economies of States
which have allocable Federal expenditure to Federal tax
ratios below 100 are harmed by such a fiscal relationship
with the Federal Government.
(b) The report of the study required by subsection (a)
shall be submitted to Congress not later than December 31,
1996.
SEC. ____10. EFFECTIVE DATE.
The provisions of this title shall take effect for fiscal
years beginning after the date of the enactment of this
title.
Mr. MOYNIHAN. I ask unanimous consent that the amendments be
temporarily laid aside.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. MOYNIHAN. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. MOYNIHAN. 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. MOYNIHAN. Mr. President, as the Senate today winds to a close, we
will have perhaps a few more amendments by the 5 o'clock deadline. My
colleague and friend from Pennsylvania observes that there were about
120 when we last counted, which does not auger well for the conclusion
of our business by Wednesday evening. But it does speak to the
extraordinary transformation in the debate over welfare policy in the
United States.
I spoke earlier this week of the moment of February 8, 1971, when
Time and Newsweek and U.S. News and World Report had as their cover
stories the subject of welfare and the seeming intractable problem--
that at a time when the illegitimacy ratio in our country was one-third
what it is today. The number of children born outside of marriage was
one-third of what it is today. In 1992, it was 1.2 million. The ratio
would be about 30 percent. It is about 33 percent today. That is the
basic social condition that leads to this baffling problem.
We are not alone, and it is important to know that. Just by
happenstance, Mr. President, this week's issue of The Economist, a
British ``newspaper,'' as they call it, has as its cover story, ``The
Disappearing Family.'' They have a chart on page 26 called ``Fewer Gold
Rings: Births to Unmarried Mothers as a Percentage of the Total.'' I
find myself cited as the source. Indeed our office did do this work.
Characteristically, the administration did nothing.
Characteristically, the Department of Health and Human Services does
nothing. Characteristically, they are absent from this debate. At
times, there has been no one in the Vice President's office, as there
is on any major issue affecting legislation. They are vanishing,
defeated by the commitment to end welfare as they know it, and
horrified at the prospect of what that will mean as they see it happen.
The Economist has its ``lead article,'' as they say, on the subject,
and then they have a long story. It begins:
To European ears, America's family values debate can sound
shrill, even surreal. It is taken as a sign that the citizens
of the new world remain considerably less sophisticated and
more moralistic than those of the old. But Europe would do
well to listen. In many American neighborhoods, the family
has collapsed. Among households with children and poor inner
cities, fewer than one in ten have a father in residence. If
there are lessons from this awful experience, they are worth
learning.
They go on to say that many of the same phenomenon are appearing in
Britain. They differentiate between different parts of Europe that are
adjacent but are very different in their approaches. Sweden is a
country of individuals, and has a very high rate of birth outside of
marriage, but they are not births outside of households. All their
family structure, their social policy, is built around the individual.
Germany, which is just across the Baltic, is a nation built around
families. And all of their social policy is designed in that direction,
and the consequences are easy to see. Our policies are hard to find.
Years ago, we observed that there is no way a nation can avoid a
family policy.
It can only avoid acknowledging what the family policy is--or being
aware. Whatever you do, one way or another, will have consequences.
I rise in the remaining few moments of today's session to thank my
colleagues on the Democratic side, the minority side, for their support
in the bill I offered this morning, the Family Support Act of 1995.
[[Page S 12944]]
Mr. President, 41 Democrats voted for it; five did not. They have
their reasons. They are understood and respected. Fifty-six altogether,
51 Members of the other side voted ``no.'' Several mentioned to me that
one Senator on that side volunteered that it was the worst vote he ever
cast, but that is understandable.
The point I tried to make is that this legislation, the Family
Support Act of 1988, passed the Senate 93-3 in its first form and then
the conference report 96-1.
We had consensus and we lost it. I have to think we began to lose it
when President Clinton, campaigning for the Presidency, said he would
end welfare as we know it, asked for a 2-year time limit, and no
further details.
Legislation finally came forward in the 103d Congress, but very late,
with no expectation that it would be dealt with. I was chairman of the
Finance Committee and was happy to do it but nobody wanted it. It was
left for this. A curious--how to say--silence from organizations. You
would have expected to hear something from the U.S. Conference of
Mayors, which I have worked with for 35 years in one form or another,
helping them get revenue sharing going directly to municipalities, and
things like that. Silent on our bill. The welfare reform advocates,
children's advocates, silent on our bill. Democratic Governors, silent.
Well, the fact is, there has been an extraordinary change in
expectations of what Congress will do and a passivity which perhaps
accounts for events, a complacency, the assumption that a Democratic
administration confirmed in these matters.
Well, we see the results. I will put on the Record that the absence
of any support for the legislation which we put forward in the Finance
Committee last spring--the vote was 12-8, eight Democrats--has to be
taken as an unprecedented surrender and unprecedented abandonment of
principle.
I say to the U.S. Conference of Mayors, they have abandoned every
principle they have stood for in 35 years I have worked with them. The
Governors are split on partisanship.
The advocacy groups--what advocacy groups? Maybe their anxiety is
that, if they say anything, their funding will be cut off. Well, then,
we know where their priorities are.
Mr. President, I can only regret that silence, even as I express my
appreciation for the Senators who did support us today. The time will
come when they will be proud of that vote. I yield the floor.
Amendment No. 2476 to Amendment No. 2280
(Purpose: Sense of the Senate regarding Enterprise Zone legislation)
Mr. SANTORUM. Mr. President, I ask amendment 2476 offered by the
Senator from Michigan be called up and ask for its immediate
consideration.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:
The Senator from Pennsylvania [Mr. Santorum] for Mr.
ABRAHAM (for himself an Mr. Lieberman) proposes an amendment
numbered 2476 to amendment No. 2280.
Mr. SANTORUM. I ask unanimous consent that reading of the amendment
be dispensed.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
At the appropriate place in the bill, add the following new
section:
``SEC. . SENSE OF THE SENATE REGARDING ENTERPRISE ZONES.
(a) Findings.--The Senate finds that--
(1) Many of the Nation's urban centers are places with high
levels of poverty, high rates of welfare dependency, high
crime rates, poor schools, and joblessness;
(2) Federal tax incentives and regulatory reforms can
encourage economic growth, job creation and small business
formation in many urban centers;
(3) Encouraging private sector investment in America's
economically distressed urban and rural areas is essential to
breaking the cycle of poverty and the related ills of crime,
drug abuse, illiteracy, welfare dependency, and unemployment;
(4) The empowerment zones enacted in 1993 should be
enhanced by providing incentives to increase enterpreneurial
growth, capital formation, job creation, educational
opportunities and home ownership in the designated
communities and zones;
(b) Sense of the Senate.--Therefore, it is the Sense of the
Senate that the Congress should adopt enterprise zone
legislation in the 104th Congress, and that such enterprise
zone legislation provide the following incentives and
provisions:
(1) Federal tax incentives that expand access to capital,
increase the formation and expansion of small businesses, and
promote commercial revitalization;
(2) Regulatory reforms that allow localities to petition
Federal agencies, subject to the relevant agencies' approval,
for waivers or modifications of regulations to improve job
creation, small business formation and expansion, community
development, or economic revitalization objectives of the
enterprise zones;
(3) Home ownership incentives and grants to encourage
resident management of public housing and home ownership of
public housing;
(4) School reform pilot projects in certain designated
enterprise zones to provide low-income parents with new and
expanded educational options for their children's elementary
and secondary schooling.
Mr. SANTORUM. I ask unanimous consent that that amendment be laid
aside.
The PRESIDING OFFICER. Without objection, it is so ordered.
Amendments Nos. 2612 through 2617, En Bloc to Amendment No. 2280
Mr. SANTORUM. Mr. President, I send to the desk six amendments
offered on behalf of the Senator from Texas [Mr. Gramm] and ask for
their immediate consideration.
The PRESIDING OFFICER. The clerk will report.
The assistant legislative clerk read as follows:
The Senator from Pennsylvania [Mr. Santorum] for Mr. Gramm
proposes amendments numbered 2612 through 2617, en bloc, to
amendment No. 2280.
Mr. SANTORUM. Mr. President, I ask unanimous consent the reading be
dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendments are as follows:
amendment no. 2612
(Purpose: To limit the State option for work participation requirement
exemptions to the first 12 months to which the requirement applies)
On page 34, line 20, strike ``For any fiscal year'' and
insert ``Solely for the first 12--month period to which the
requirements to engage in work under this section is in
effect''.
amendment no. 2613
(Purpose: To require that certain individuals who are not required to
work are included, in the participation rate calculation)
On page 34, beginning on line 24, strike ``and may
exclude'' and all that follows through page 35, line 2, and
insert a period.
amendment no. 2614
(Purpose: To provide for increased penalties for failure to work
requirements)
On page 53, strike lines 1 through 8, and insert the
following:
``(A) In general.--If the Secretary determines that a State
has failed to satisfy the minimum participation rates
specified in section 404(a) for a fiscal year, the Secretary
shall reduce the amount of the grant that would (in the
absence of this section) be payable to the State under
section 403 for the immediately succeeding fiscal year by--
``(i) in the first year in which the State fails to satisfy
such rates, 5 percent; and
``(ii) in subsequent years in which the State fails to
satisfy such rates, the percent reduction determined under
this subparagraph (if any) in the proceeding year, increased
5 percent.
amendment no. 2615
(Purpose: To reduce the Federal welfare bureaucracy)
On page 792, strike lines 1 through 22 and insert the
following:
SEC. 1202. REDUCTIONS IN FEDERAL BUREAUCRACY.
(a) In General.--The Secretary of Health and Human Services
and the Secretary of Labor shall reduce the Federal workforce
within the Department of Health and Human Services and the
Department of Labor, respectively, by an amount equal to the
sum of--
(1) 75 percent of the full-time equivalent positions at
each such Department that relate to any direct spending
program, or any program funded through discretionary
spending, that has been converted into a block grant program
under this Act and the amendments made by this Act; and
(2) an amount equal to 75 percent of that portion of the
total full-time equivalent departmental management positions
at each such Department that bears the same relationship to
the amount appropriated for the programs referred to in
paragraph (1) as such amount relates to the total amount
appropriated for use by each such Department.
(b) Reductions in the Department of Health and Human
Services.--Notwithstanding any other provision of this Act,
the Secretary of Health and Human Services shall take such
actions as may be necessary, including reductions in force
actions, consistent with sections 3502 and 3595 of title 5,
United States Code, to reduce the full-time equivalent
positions within the Department of Health and Human
Services--
(1) by 245 full-time equivalent positions related to the
program converted into a block
[[Page S 12945]]
grant under the amendment made by section 101(b); and
(2) by 60 full-time equivalent managerial positions in the
Department.
(c) Reductions in the Department of Labor.--Notwithstanding
any other provision of this Act, the Secretary of Labor shall
take such actions as may be necessary, including reductions
in force actions, consistent with sections 3502 and 3595 of
title 5, United States Code, to reduce the full-time
equivalent positions within the Department of Labor--
(1) by 675 full-time equivalent positions related to the
programs converted into a block grant under titles VII and
VIII; and
(2) by 156 full-time equivalent managerial positions in the
Department.
amendment no. 2616
(Purpose: To require paternity establishment as a condition of benefit
receipt)
On page 42, between lines 21 and 22, insert the following:
``(f) Provisions Relating to Paternity Establishment.--
``(1) Paternity not established.--If a State provides cash
benefits to families from grant funds received by the State
under section 403, the State shall provide that if a family
applying for such benefits includes a child who has not
attained age 18 and who was born on or after January 1, 1996,
with respect to whom paternity has not been established, such
benefits shall not be available for--
``(A) such child (until the child attains age 18); and
``(B) the parent or caretaker relative of such child if the
parent or caretaker relative of such child is not the parent
or caretaker relative of another child for whom benefits are
available.
``(2) Exceptions.--Notwithstanding paragraph (1)--
``(A) the State may use grant funds received by the State
under section 403 to provide cash benefits to a minor child
who is up to 6 months of age for whom paternity has not been
established if the parent or caretaker relative of the child
provides the name, address, and such other identifying
information as the State may require of an individual who may
be the father of the child; and
``(B) the State may exempt up to 25 percent of all families
in the population described in paragraph (1) applying for
cash benefits from grant funds received by the State under
section 403 which include a child who was born on or after
January 1, 1996, and with respect to whom paternity has not
been established, from the reduction imposed under paragraph
(1).
amendment no. 2617
(Purpose: To prohibit the use of Federal funds for legal challenges to
welfare reform)
At the appropriate place, insert the following:
SEC. RESTRICTIONS ON TAXPAYER FINANCED LEGAL CHALLENGES.
(a) In General.--No legal aid organization or other entity
that provides legal services and which receives Federal funds
or IOLTA funds may challenge (or act as an attorney on behalf
of any party who seeks to challenge) in any legal
proceeding--
(1) the legal validity--
(A) under the United States Constitution--
(i) of this Act or any regulations promulgated under this
Act; and
(ii) of any law or regulation enacted or promulgated by a
State pursuant to this Act;
(B) under this Act or any regulation adopted under this Act
of any State law or regulation; and
(C) under any State Constitution of any law or regulation
enacted or promulgated by a State pursuant to this Act; and
(2) the conflict--
(A) of this Act or any regulations promulgated under this
Act with any other law or regulation of the United States;
and
(B) of any law or regulation enacted or promulgated by a
State pursuant to this Act with any law or regulation of the
United States.
(f) IOLTA Funds Defined.--For purposes of this section, the
term ``IOLTA funds'' means interest on lawyers trust account
funds that--
(1) are generated when attorneys are required by State
court or State bar rules to deposit otherwise noninterest-
bearing client funds into an interest-bearing account while
awaiting the outcome of a legal proceeding; and
(2) are pooled and distributed by a subdivision of a State
bar association or the State court system to organizations
selected by the State courts administration.
(c) Legal Proceeding Defined.--For purposes of this
section, the term ``legal proceeding'' includes--
(1) a proceeding--
(A) in a court of the United States;
(B) in a court of a State; and
(C) in an administrative hearing in a Federal or State
agency; and
(2) any activities related to the commencement of a
proceeding described in subparagraph (A).
Mr. SANTORUM. I ask unanimous consent that the amendments be laid
aside.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. MOYNIHAN. Mr. President, a parliamentary inquiry. The clock seems
to be approaching 5 o'clock and I have what is approximately 8 minutes'
worth of sending amendments to the desk. I ask unanimous consent that
we extend our time to 5:05.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. MOYNIHAN. Mr. President, I rise to acknowledge what would be, not
the first time, an error. I said recently just a moment ago that the
Department of Health and Human Services has been silent on the subject
of this atrocious legislation.
I am wrong, sir. I have just been handed an amendment which asks us
to see that no position, no full-time position in the Department of
Health and Human Services be eliminated.
So we will look after--I am beginning to believe what I hear about
the bureaucracy.
Amendments Nos. 2618 through 2672 to Amendment No. 2280
Mr. MOYNIHAN. I send to the desk this amendment with a group of other
amendments and ask for their immediate consideration. I am told no one
else would introduce the amendment and it falls to me to do so. I do so
with a certain reluctance.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:
The Senator from New York [Mr. Moynihan], proposes
amendments numbered 2618 through 2672 to amendment No. 2280.
Mr. MOYNIHAN. Mr. President, I ask unanimous consent reading of the
amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendments are as follows:
amendment no. 2618
(Purpose: Eliminate requirement that HHS reduce full-time equivalent
positions by specific percentages and retain requirements to evaluate
the number of FTB positions required to carry out the activities under
the bill and to take action to reduce the appropriate number of
positions)
On page , strike title XII and insert the following new
title:
``TITLE XII--REDUCTIONS IN FEDERAL GOVERNMENT POSITIONS
``SEC. 1201. REDUCTIONS.
``(a) Definitions.--As used in this section:
``(1) Appropriate effective date.--The term `appropriate
effective date', used with respect to a Department referred
to in this section, means the date on which all provisions of
this Act that the Department is required to carry out, and
amendments and repeals made by this Act to provisions of
Federal law that the Department is required to carry out, are
effective.
``(2) Covered activity.--The term `covered activity', used
with respect to a Department referred to in this section,
means an activity that the Department is required to carry
out under--
``(A) a provision of this Act; or
``(B) a provision of Federal law that is amended or
repealed by this Act.
``(b) Reports.--
``(1) Contents.--Not later than December 31, 1995, each
Secretary referred to in paragraph (2) shall prepare and
submit to the relevant committees described in paragraph (3)
a report containing--
``(A) the determinations described in subsection (c);
``(B) appropriate documentation in support of such
determinations; and
``(C) a description of the methodology used in making such
determinations.
``(2) Secretary.--The Secretaries referred to in this
paragraph are--
``(A) the Secretary of Agriculture;
``(B) the Secretary of Education;
``(C) the Secretary of Labor;
``(D) the Secretary of Housing and Urban Development; and
``(E) the Secretary of Health and Human Services.
``(3) Relevant committees.--The relevant Committees
described in this paragraph are the following:
``(A) With respect to each Secretary described in paragraph
(2), the Committee on Government Reform and Oversight of the
House of Representatives and the Committee on Governmental
Affairs of the Senate.
``(B) With respect to the Secretary of Agriculture, the
Committee on Agriculture and the Committee on Economic and
Educational Opportunities of the House of Representatives and
the Committee on Agriculture, Nutrition, and Forestry of the
Senate.
``(C) With respect to the Secretary of Education, the
Committee on Economic and Educational Opportunities of the
House of Representatives and the Committee on Labor and Human
Resources of the Senate.
``(D) With respect to the Secretary of Labor, the Committee
on Economic and Educational Opportunities of the House of
Representatives and the Committee on Labor and Human
Resources of the Senate.
``(E) With respect to the Secretary of Housing and Urban
Development, the Committee on Banking and Financial Services
of the House of Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate.
``(F) With respect to the Secretary of Health and Human
Services, the Committee
[[Page S 12946]]
on Economic and Educational Opportunities of the House of
Representatives, the Committee on Labor and Human Resources
of the Senate, the Committee on Ways and Means of the House
of Representatives, and the Committee on Finance of the
Senate.
``(4) Report on changes.--Not later than December 31, 1996,
and each December 31 thereafter, each Secretary referred to
in paragraph (2) shall prepare and submit to the
relevant Committees described in paragraph (3), a report
concerning any changes with respect to the determinations
made under subsection (c) for the year in which the report
is being submitted.
``(c) Determinations.--Not later than December 31, 1995,
each Secretary referred to in subsection (b)(2) shall
determine--
``(1) the number of full-time equivalent positions required
by the Department (or the Federal Partnership established
under section 771) headed by such Secretary to carry out the
covered activities of the Department (or Federal
Partnership), as of the day before the date of enactment of
this Act;
``(2) the number of such positions required by the
Department (or Federal Partnership) to carry out the
activities, as of the appropriate effective date for the
Department (or Federal Partnership); and
``(3) the difference obtained by subtracting the number
referred to in paragraph (2) from the number referred to in
paragraph (1).
``(d) Actions.--Not later than 30 days after the
appropriate effective date for the Department involved, each
Secretary referred to in subsection (b)(2) shall take such
actions as may be necessary, including reduction in force
actions, consistent with sections 3502 and 3595 of title 5,
United States Code, to reduce the number of positions of
personnel of the Department by at least the difference
referred to in subsection (c)(3).
``(e) Consistency.--
``(1) Education.--The Secretary of Education shall carry
out this section in a manner that enables the Secretary to
meet the requirements of this section and section 776(i)(2).
``(2) Labor.--The Secretary of Labor shall carry out this
section in a manner that enables the Secretary to meet the
requirements of this section and section 776(i)(2).
``(f) Calculation.--In determining, under subsection (c),
the number of full-time equivalent positions required by a
Department to carry out a covered activity, a Secretary
referred to in subsection (b)(2), shall include the number of
such positions occupied by personnel carrying out program
functions or other functions (including budgetary,
legislative, administrative, planning, evaluation, and legal
functions) related to the activity.
``(g) General Accounting Office Report.--Not later than
July 1, 1996, the Comptroller General of the United States
shall prepare and submit to the committees described in
subsection (b)(3), a report concerning the determinations
made by each Secretary under subsection (c). Such report
shall contain an analysis of the determinations made by each
Secretary under subsection (c) and a determination as to
whether further reductions in full-time equivalent positions
are appropriate.''.
amendment no. 2619
(Purpose: To terminate sponsor responsibilities upon the date of
naturalization of the immigrant)
On page 289, line 5, strike the period and insert ``, but
in no event shall such period extend beyond the date (if any)
on which the alien becomes a citizen of the United States
under chapter 2 of title III of the Immigration and
Nationality Act.''
amendment no. 2620
(Purpose: To grant the Attorney General flexibility in certain public
assistance determinations for immigrants)
On page 292, strike line 5 through line 11 and insert the
following:
Nutrition Act of 1966;
(E) public health assistance for immunizations with respect
to immunizable diseases and for testing and treatment for
communicable diseases if the Secretary of Health and Human
Services determines that such testing and treatment is
necessary; and
(F) benefits or services which serve a compelling
humanitarian or compelling public interest as specified by
the Attorney General in consultation with appropriate Federal
agencies and departments.
amendment no. 2621
(Purpose: To ensure that programs are implemented consistent with the
First Amendment to the U.S. Constitution)
On pages 77 through 83, strike sec. 102 and sec. 103.
amendment no. 2622
(The text of the amendment (No. 2622) is printed in today's Record
under ``Amendments Submitted.'')
AMENDMENT NO. 2623
(Purpose: To permit State to apply for waivers with respect to the 15
percent cap on hardship exemptions from the 5-year time limitation)
On page 40, between lines 16 and 17, insert the following
new subparagraph:
``(C) Waiver of limitation.--The Secretary, upon a
demonstration by a State that an extraordinary number of
families require an exemption from the application of
paragraph (1) due to disability, domestic violence,
homelessness, or the need to be in the home to care for a
disabled child, may permit the State to provide exemptions in
excess of the 15 percent limitation described in subparagraph
(B) for a specified period of time.''.
AMENDMENT NO. 2624
(Purpose: To permit States to provide non-cash assistance to children
ineligible for aid because of the 5-year time limitation)
On page 40, between lines 16 and 17, insert the following
new paragraph:
``(4) Non-cash assistance for children.--Nothing in
paragraph (1) shall be construed as prohibiting a State from
using funds provided under section 403 to provide aid, in the
form of in-kind assistance, vouchers usable for particular
goods or services as specified by the State, or vendor
payments to individuals providing such goods or services, to
the minor children of a needy family.''.
amendment no. 2625
(Purpose: To require States to have in effect laws regarding duration
of child support)
On page 641, between lines 11 and 12, insert the following:
SEC. 426. DURATION OF SUPPORT.
Section 466(a) (42 U.S.C. 666(a)), as amended by this Act,
is amended--
(1) by inserting after paragraph (16) the following new
paragraph:
``(17) Procedures under which the State--
``(A) requires a continuing support obligation by the
noncustodial parent until at least the later of the date on
which a child for whom a support obligation is owed reaches
the age of 18, or graduates from or is no longer enrolled in
secondary school or its equivalent, unless a child marries,
joins the United States armed forces, or is otherwise
emancipated under State law;
``(B)(i) provides that courts or administrative agencies
with child support jurisdiction have the discretionary power,
until the date on which the child involved reaches the age of
22, pursuant to criteria established by the State, to order
child support, payable directly or indirectly (support may be
paid directly to a post-secondary or vocational school or
college) to a child, at least up to the age of 22 for a child
enrolled full-time in an accredited postsecondary or
vocational school or college and who is a student in good
standing; and
``(ii) may, without application of the rebuttable
presumption in section 467(b)(2), award support under this
subsection in amounts that, in whole or in part, reflect the
actual costs of post secondary education; and
``(C) provides for child support to continue beyond the
child's age of majority provided the child is disabled,
unable to be self-supportive, and the disability arose during
the child's minority.''; and
(2) by adding at the end the following new sentence:
``Nothing in paragraph (17) shall preclude a State from
imposing more extensive child support obligations or
obligations of longer duration.''.
amendment no. 2626
(Purpose: To eliminate a repeal relating to the Trade Act of 1974)
Section 781(b) is amended to read as follows:
(b) Subsequent Repeals.--The following provisions are
repealed:
(1) The Adult Education Act (20 U.S.C. 1201 et seq.).
(2) The Carl D. Perkins Vocational and Applied Technology
Education Act (20 U.S.C. 2301 et seq.).
(3) The School-to-Work Opportunities Act of 1994 (20 U.S.C.
6101 et seq.).
(4) The Wagner-Peyser Act (29 U.S.C. 49 et seq.).
(5) The Job Training Partnership Act (29 U.S.C. 1501 et
seq.).
(6) Title V of the Older Americans Act of 1965 (42 U.S.C.
3056 et seq.).
(7) Title VII of the Stewart B. McKinney Homeless
Assistance Act (42 U.S.C. 11421 et seq.), other than subtitle
C of such title.
amendment no. 2627
(Purpose: To improve provisions relating to the Trade Act of 1974)
In title VIII, add at the end the following:
Subtitle D--Amendment to Trade Act of 1974
SEC. 841. TRAINING AND OTHER EMPLOYMENT SERVICES FOR TRADE-
IMPACTED WORKERS.
Section 239(e) of the Trade Act of 1974 (19 U.S.C. 2311(e))
is amended to read as follows:
``(e) Any agreement entered into under this section shall
provide that the services made available to adversely
affected workers under sections 235 and 236 shall be provided
through the statewide workforce development system
established by the State under subtitle B of the Workforce
Development Act of 1995 to provide such services to other
dislocated workers.''.
amendment no. 2628
(The text of the amendment (No. 2628) is printed in today's Record
under ``Amendments Submitted.'')
amendment no. 2629 Calendar No.--
(Purpose: To improve provisions relating to the unemployment trust
fund)
Beginning on page 419, strike line 17 and all that follows
through page 424, line 4, and insert the following:
SEC. 733. UNEMPLOYMENT TRUST FUND.
(A) In General.--Section 901(c) of the Social Security Act
(42 U.S.C. 1101(c)) is amended--
(1) in paragraph (1)--
[[Page S 12947]]
(A) in subparagraph (A)(iii), by striking ``carrying into
effect section 4103'' and inserting ``carrying out the
activities described in sections 4103, 4103A, 4104, and
4104A''; and
(B) in subparagraph (B), in the matter preceding clause
(i), by striking ``Department of Labor'' and inserting
``Department of Labor or the Workforce Development
Partnership, as appropriate,''; and
(2) in the first sentence of paragraph (4), by striking
``the Department of Labor'' and inserting ``the Workforce
Development Partnership''.
(b) Effective Date.--The amendments made by this section
shall take effect July 1, 1998.
amendment no. 2630
(Purpose: To clarify that the responsibilities of the National Board
are advisory)
Section 772(a)(4)(A) is amended to read as follows:
(A) In general.--Notwithstanding any other provision of
this Act or any amendment made by this Act, any provision of
this Act or any amendment made by this Act that would
otherwise grant the National Board the authority to carry out
a function (as defined in section 776) shall be construed to
give the National Board the authority only to provide advice
to the Secretary of Labor and the Secretary of Education with
respect to the function, and not the authority to carry out
the function. The provision shall be deemed to grant the
Secretary of Labor and the Secretary of Education, acting
jointly, the authority to carry out the function.
amendment no. 2631
(The text of the amendment (No. 2631) is printed in today's Record
under ``Amendments Submitted.''
amendment no. 2632
(Purpose: To exclude employment and training programs under the Food
Stamp Act of 1977 from the list of activities that may be provided as
workforce employment activities)
On page 359, strike lines 11 through 16 and insert the
following:
viduals to participate in the statewide system; and
(N) followup services for participants who are placed in
unsubsidized employment.
amendment no. 2633
(Purpose: To provide for the State distribution of funds for secondary
school vocational education, postsecondary and adult vocational
education, and adult education)
In section 721(b), strike paragraph (4) and insert the
following:
(4) State determinations.--From the amount available to a
State educational agency under paragraph (2)(B) for a fiscal
year, such agency shall distribute such amount for workforce
education activities in such State as follows:
(A) 75 percent of such amount shall be distributed for
secondary school vocational education in accordance with
section 722, or for postsecondary and adult vocational
education in accordance with section 723, or for both; and
(B) 25 percent of such amount shall be distributed for
adult education in accordance with section 724.
amendment no. 2634
(Purpose: To establish a job placement performance bonus that provides
an incentive for States to successfully place individuals in
unsubsidized jobs, and for other purposes)
On page 17, line 8, insert ``and for each of fiscal years
1998, 1999, and 2000, the amount of the State's job placement
performance bonus determined under subsection (f)(1) for
fiscal year'' after ``year''.
On page 17, line 22, insert ``and the applicable amount
specified under subsection (f)(2)(B) for such fiscal year''
after ``(B)''.
On page 29, between lines 15 and 16, insert:
``(f) Job Placement Performance Bonus.--
``(1) In general.--The job placement performance bonus
determined with respect to a State and a fiscal year is an
amount equal to the amount of the State's allocation of the
job placement performance fund determined in accordance with
the formula developed under paragraph (2).
``(2) Allocation formula; bonus fund.--
``(i) In general.--Not later than September 30, 1996, the
Secretary of Health and Human Services shall develop and
publish in the Federal Register a formula for allocating
amounts in the job placement performance bonus fund to States
based on the number of families that received assistance
under a State program funded under this part in the preceding
fiscal year that became ineligible for assistance under the
State program, or the number of families with a reduction in
the amount of such assistance, as a result of unsubsidized
employment during such year.
``(ii) Factors to consider.--In developing the allocation
formula under clause (i), the Secretary shall--
``(I) provide a greater financial bonus for individuals in
families described in clause (i) who remain employed for
greater periods of time or are at greater risk of long-term
welfare dependency;
``(II) take into account the unemployment conditions of
each State or geographic area; and
``(III) take into account the number of families in each
State that received assistance under a State program funded
under this part in the preceding fiscal year that became
ineligible for assistance under the State program, or the
number of families with a reduction in the amount of such
assistance, as a result of unsubsidized employment during
such year, including fiscal years prior to 1997.
``(B) Job placement performance bonus fund.--
``(i) In general.--For purposes of establishing a job
placement performance bonus fund and making disbursements
from such fund in accordance with subparagraph (A), with
respect to a fiscal year there are authorized to be
appropriated and there are appropriated an amount equal to
the sum of--
``(I)(aa) for fiscal year 1998, $70,000,000;
``(bb) for fiscal year 1999, $140,000,000;
``(cc) for fiscal year 2000, $210,000,000; and
``(II) the amount of the reduction in grants made under
this section for the preceding fiscal year resulting from the
application of section 407 for the fiscal year involved.
On page 29, line 16, strike ``(f)'' and insert ``(g)''.
On page 66 line 7, insert ``and a preliminary assessment of
the job placement performance bonus established under section
403(f)'' before the period.
On page 108, between lines 20 and 21, insert the following
new subsection:
(i) Repeal of Market Promotion Program.--Section 203 of the
Agricultural Trade Act of 1978 (7 U.S.C. 5623) is repealed.
amendment no. 2635
(Purpose: To require that 25 percent of the funds for workforce
employment activities be expended to carry out such activities for
dislocated workers)
In section 716(a), add at the end the following:
(11) Workforce employment activities for dislocated
workers.--Each State shall use 25 percent of the funds made
available to the State for a program year under section
713(a)(1), less any portion of such funds made available
under section 901(c)(1)(A) of the Social Security Act (42
U.S.C. 1101(c)(1)(A), to provide workforce employment
activities for dislocated workers.
amendment no. 2636
(Purpose: To establish a definition of a local workforce development
board)
On page 324, strike lines 1 through 3 and insert the
following:
(17) Local workforce development board.--The term ``local
workforce development board'' means a board established under
section 715.
amendment no. 2637
(Purpose: To provide a conforming amendment with respect to local
workforce development boards)
On page 380, strike lines 17 through 22 and insert the
following:
(ii) such additional factors as the Governor (in
consultation with local workforce development boards)
determines to be necessary.
amendment no. 2638
(Purpose: To require the establishment of local workforce development
boards)
Beginning on page 400, strike line 10 and all that follows
through page 404, line 1 and insert the following:
the local workforce development board in the substate area.
SEC. 728. LOCAL AGREEMENTS AND WORKFORCE DEVELOPMENT BOARDS.
(a) Local Agreements.--
(1) In general.--After a Governor submits the State plan
described in section 714 to the Federal Partnership, the
Governor shall negotiate and enter into a local agreement
regarding the workforce employment activities, school-to-work
activities, and economic development activities (within a
State that is eligible to carry out such activities, as
described in subsection (c)) to be carried out in each
substate area in the State with local workforce development
boards.
(2) Business and industry involvement.--The business and
industry representatives on the local workforce development
board shall have a lead role in the design, management, and
evaluation of the activities to the carried out in the
substate area under the local agreement.
(3) Contents.--
(A) State goals and state benchmarks.--Such an agreement
shall include a description of the manner in which funds
allocated to a substate area under this subtitle will be
spent to meet the State goals and reach the State benchmarks
in a manner that reflects local labor market conditions.
(B) Collaboration.--The agreement shall also include
information that demonstrates the manner in which--
(i) the Governor; and
(ii) the local workforce development board;
collaborated in reaching the agreement.
(4) Failure to reach agreement.--If, after a reasonable
effort, the Governor is unable to enter into an agreement
with the local workforce development board, the Governor
shall notify the partnership or board, as appropriate, and
provide the partnership or board, as appropriate, with the
opportunity to comment, not later than 30 days after the date
of the notification, on the manner in which funds allocated
to such substate area will be spent to meet the State goals
and reach the State benchmarks.
(5) Exception.--A State that indicates in the State plan
described in section 714 that the State will be treated as a
substate area for purposes of the application of this
subtitle shall not be subject to this subsection.
[[Page S 12948]]
(b) Local Workforce Development Boards.--
(1) In general.--Each State shall facilitate
amendment no. 2639
(Purpose: To clarify the role of the summer jobs program)
In section 759, strike subsections (b) through (e) and
insert the following:
(b) State Use of Funds.--
(1) Core job corps activities.--The State shall use a
portion of the funds made available to the State through an
allotment received under subsection (c) to establish and
operate Job Corps centers as described in chapter 2, if a
center located in the State received assistance under part B
of title IV of the Job Training Partnership Act for fiscal
year 1996 and was not closed in accordance with section 755.
(2) Core work-based learning opportunities.--
(A) In general.--The State shall use 25 percent of the
funds made available to the State through an allotment
received under subsection (c) to make grants to eligible
entities in substate areas, in accordance with the procedures
described in subsection (e), to assist the substate areas in
organizing summer jobs programs that provide work-based
learning opportunities in the private and public sectors that
are directly linked to year-round school-to-work activities
in the substate areas.
(B) Limitation.--No funds provided under this subtitle
shall be used to displace employed workers.
(3) Permissible activities.--The State may use a portion of
the funds described in paragraph (1) to--
(A) make grants to eligible entities in substate areas, in
accordance with the procedures described in subsection (e),
to assist each such entity in carrying out alternative
programs to assist out-of-school at-risk youth in
participating in school-to-work activities in the substate
area; and
(B) carry out other workforce development activities
specifically for at-risk youth.
(c) Allotments.--
(1) In general.--The Secretary of Labor and the Secretary
of Education, acting jointly on the advice of the Federal
Partnership, shall allot to each State an amount equal to the
total of--
(A) the amount made available to the State under paragraph
(2); and
(B) the amounts made available to the State under
subparagraphs (C), (D), and (E) of paragraph (3).
(2) Allotments based on fiscal year 1996 appropriations.--
Using a portion of the funds appropriated under subsection
(g) for a fiscal year, the Secretary of Labor and the
Secretary of Education, acting jointly on the advice of the
Federal Partnership, shall make available to each State the
amount that Job Corps centers in the State expended for
fiscal year 1996 under part B of title IV of the Job Training
Partnership Act to carry out activities related to the direct
operation of the centers, as determined under section
755(a)(2).
(3) Allotments based on populations.--
(A) Definitions.--As used in this paragraph:
(i) Individual in poverty.--The term ``individual in
poverty'' means an individual who--
(I) is not less than age 18;
(II) is not more than age 64; and
(III) is a member of a family (of 1 or more members) with
an income at or below the poverty line.
(ii) Poverty line.--The term ``poverty line'' means the
poverty line (as defined by the Office of Management and
Budget, and revised annually in accordance with section
673(2) of the Community Services Block Grant Act (42 U.S.C.
9902(2)) applicable to a family of the size involved, using
the most recent available data provided by the Bureau of the
Census, prior to the program year for which the allotment is
made, and applying the definition of poverty used by the
Bureau of
the Census in compiling the 1990 decennial census.
(B) Total allotments.--The Secretary of Labor and the
Secretary of Education, acting jointly on the advice of the
Federal Partnership, shall use the remainder of the funds
that are appropriated under subsection (g) for a fiscal year,
and that are not made available under paragraph (2), to make
amounts available under this paragraph.
(C) Unemployed individuals.--From funds equal to 33\1/3\
percent of such remainder, the Secretary of Labor and the
Secretary of Education, acting jointly on the advice of the
Federal Partnership, shall make available to each State an
amount that bears the same relationship to such funds as the
average number of unemployed individuals (as determined by
the Secretary of Labor for the most recent 24-month period
for which data are available, prior to the program year for
which the allotment is made) in the State bears to the
average number of unemployed individuals (as so determined)
in the United States.
(D) Individuals in poverty.--From funds equal to 33\1/3\
percent of such remainder, the Secretary of Labor and the
Secretary of Education, acting jointly on the advice of the
Federal Partnership, shall make available to each State an
amount that bears the same relationship to such funds as the
total number of individuals in poverty in the State bears to
the total number of individuals in poverty in the United
States.
(E) At-risk youth.--From funds equal to 33\1/3\ percent of
such remainder, the Secretary of Labor and the Secretary of
Education, acting jointly on the advice of the Federal
Partnership, shall make available to each State an amount
that bears the same relationship to such funds as the total
number of at-risk youth in the State bears to the total
number of at-risk youth in the United States.
(d) State Plan.--
(1) Information.--To be eligible to receive an allotment
under subsection (c), a State shall include, in the State
plan to be submitted under section 714, information
describing the allocation within the State of the funds made
available through the allotment, and how the programs and
activities described in subsection (b) will be carried out to
meet the State goals and reach the State benchmarks.
(2) Limitation.--A State may not be required to include the
information described in paragraph (1) in the State plan to
be submitted under section 714 to be eligible to receive an
allotment under section 712.
(e) Application.--To be eligible to receive a grant under
paragraph (2) or (3)(A) of subsection (b) from a State to
carry out programs in a substate area, an entity shall
prepare and submit an application to the Governor of the
State at such time, in such manner, and containing such
information as the Governor may require. The Governor may
establish criteria for reviewing such applications. Any such
criteria shall, at a minimum, include the extent to which the
local partnership described in section 728(a) (or, where
established, the local work force development board described
in section 728(b)) for the substate area approves of such
application.
amendment no. 2640
(Purpose: To expand the provisions relating to the limitation of the
use of funds under title VII)
At the end of section 716(f), insert the following:
(4) Displacement.--No funds provided under this title shall
be used in a manner that would result in--
(A) the displacement of any currently employed worker
(including partial displacement such as a reduction in wages,
hours of nonovertime work, or employment benefits) or the
impairment of an existing contract for services or collective
bargaining agreement; or
(B) the employment or assignment of a participant to fill a
position when--
(i) any other person is on layoff from the same or a
substantially equivalent position; or
(ii) the employer has terminated the employment of any
other employee or otherwise reduced its workforce in order to
fill the vacancy so created with a participant subsidized
under this title.
(5) Health and safety.--Health and safety standards
established under Federal and State law otherwise applicable
to working conditions of employees shall be equally
applicable to working conditions of participants engaged in
work activities pursuant to this title. Appropriate workers'
compensation and tort claims protections shall be provided to
participants on the same basis as such protections are
provided to other individuals in the State in similar
employment (as determined under regulations issued by the
Secretary of Labor).
(6) Employment conditions.--Participants employed or
assigned to work in positions subsidized under this title
shall be provided benefits and working conditions at the same
level and to the same extent as other employees working a
similar length of time and doing the same type of work.
(7) Dispute resolution procedure.--The State shall
establish and maintain (pursuant to regulations issued by the
Secretary of Labor) a dispute resolution procedure for
resolving complaints alleging violations of any of the
prohibitions or requirements described in this subsection.
Such procedure shall include an opportunity for a hearing and
shall be completed not later than the 90th day after the date
of the submission of a complaint, by which day the
complainant shall be provided a written decision by the
State. A decision of the State under such procedure, or a
failure of a State to issue a decision within the 90-day
period, may be appealed to the Secretary of Labor, who shall
investigate the allegations contained in the complaint and
make a determination not later than 60 days after the date of
the appeal as to whether a violation of a prohibition or
requirement of this subsection has occurred.
(8) Remedies.--
(A) In general.--Except as provided in subparagraphs (B)
and (C), remedies that may be imposed under this paragraph
for violations
of the prohibitions and requirements described in this
subsection shall be limited to--
(i) suspension or termination of payments under this title;
(ii) prohibition of placement of any participant, for an
appropriate period of time, with an employer that has
violated this subsection; and
(iii) appropriate equitable relief (other than back pay).
(B) Exceptions.--
(i) Repayment.--If the Secretary of Labor determines that a
violation of paragraph (2) or (3) has occurred, the Secretary
of Labor
[[Page S 12949]]
shall require the State or substate recipient of funds that has
violated paragraph (2) or (3), respectively, to repay to the
United States an amount equal to the amount expended in
violation of paragraph (2) or (3), respectively.
(ii) Additional remedies.--In addition to the remedies
available under subparagraph (A), remedies available under
this paragraph for violations of paragraph (4) may include--
(I) reinstatement of the displaced employee to the position
held by such employee prior to displacement;
(II) payment of lost wages and benefits of the employee;
and
(III) reestablishment of other relevant terms, conditions,
and privileges of employment of the employee.
(C) Other laws or contracts.--Nothing in this paragraph
shall be construed to prohibit a complainant from pursuing a
remedy authorized under another Federal, State, or local law
or a contract or collective bargaining agreement for a
violation of the prohibitions or requirements described in
this subsection.
amendment no. 2641
(Purpose: To improve the State apportionment of funds by activity)
On page 337, strike lines 4 through 20 and insert the
following:
(a) Activities.--From the sum of the funds made available
to a State through an allotment received under section 712
and the funds made available under section 901(c)(1)(A) of
the Social Security Act (42 U.S.C. 1101(c)(1)(A)) to carry
out this title for a program year--
(1) a portion equal to 40 percent of such sum (which
portion shall include the amount allotted to the State from
funds made available under section
901(c)(1)(A) of the Social Security Act) shall be made
available for workforce employment activities or
activities described in section 716(a)(10);
(2) a portion equal to 25 percent of such sum shall be made
available for workforce education activities; and
(3) a portion (referred to in this title as the ``flex
account'') equal to 35 percent of such sum shall be made
available for flexible workforce activities.
amendment no. 2642
(Purpose: To clarify the role of the summer jobs program)
In section 759, strike subsections (b) through (e) and
insert the following:
(b) State Use of Funds.--
(1) Core job corps activities.--The State shall use a
portion of the funds made available to the State through an
allotment received under subsection (c) to establish and
operate Job Corps centers as described in chapter 2, if a
center located in the State received assistance under part B
of title IV of the Job Training Partnership Act for fiscal
year 1996 and was not closed in accordance with section 755.
(2) Core work-based learning opportunities.--
(A) In general.--The State shall use a portion of the funds
made available to the State through an allotment received
under subsection (c) to make grants to eligible entities in
substate areas, in accordance with the procedures described
in subsection (e), to assist the substate areas in organizing
summer jobs programs that provide work-based learning
opportunities in the private and public sectors that are
directly linked to year-round school-to-work activities in
the substate areas.
(B) Limitation.--No funds provided under this subtitle
shall be used to displace employed workers.
(3) Permissible activities.--The State may use a portion of
the funds described in paragraph (1) to--
(A) make grants to eligible entities in substate areas, in
accordance with the procedures described in subsection (e),
to assist each such entity in carrying out alternative
programs to
assist out-of-school at-risk youth in participating in
school-to-work activities in the substate area; and
(B) carry out other workforce development activities
specifically for at-risk youth.
(c) Allotments.--
(1) In general.--The Secretary of Labor and the Secretary
of Education, acting jointly on the advice of the Federal
Partnership, shall allot to each State an amount equal to the
total of--
(A) the amount made available to the State under paragraph
(2); and
(B) the amounts made available to the State under
subparagraphs (C), (D), and (E) of paragraph (3).
(2) Allotments based on fiscal year 1996 appropriations.--
Using a portion of the funds appropriated under subsection
(g) for a fiscal year, the Secretary of Labor and the
Secretary of Education, acting jointly on the advice of the
Federal Partnership, shall make available to each State the
amount that Job Corps centers in the State expended for
fiscal year 1996 under part B of title IV of the Job Training
Partnership Act to carry out activities related to the direct
operation of the centers, as determined under section
755(a)(2).
(3) Allotments based on populations.--
(A) Definitions.--As used in this paragraph:
(i) Individual in poverty.--The term ``individual in
poverty'' means an individual who--
(I) is not less than age 18;
(II) is not more than age 64; and
(III) is a member of a family (of 1 or more members) with
an income at or below the poverty line.
(ii) Poverty line.--The term ``poverty line'' means the
poverty line (as defined by the Office of Management and
Budget, and revised annually in accordance with section
673(2) of the Community Services Block Grant Act (42 U.S.C.
9902(2)) applicable to a family of the size involved, using
the most recent available data provided by the Bureau of the
Census, prior to the program year for which the allotment is
made, and applying the definition of poverty used by the
Bureau of the Census in compiling the 1990 decennial census.
(B) Total allotments.--The Secretary of Labor and the
Secretary of Education, acting jointly on the advice of the
Federal Partnership, shall use the remainder of the funds
that are appropriated under subsection (g) for a fiscal year,
and that are not made available under paragraph (2), to make
amounts available under this paragraph.
(C) Unemployed individuals.--From funds equal to 33\1/3\
percent of such remainder, the Secretary of Labor and the
Secretary of Education, acting jointly on the advice of the
Federal Partnership, shall make available to each State an
amount that bears the same relationship to such funds as the
average number of unemployed individuals (as determined by
the Secretary of Labor for the most recent 24-month period
for which data are available, prior to the program year for
which the allotment is made) in the State bears to the
average number of unemployed individuals (as so determined)
in the United States.
(D) Individuals in poverty.--From funds equal to 33\1/3\
percent of such remainder, the Secretary of Labor and the
Secretary of Education, acting jointly on the advice of the
Federal Partnership, shall make available to each State an
amount that bears the same relationship to such funds as the
total number of individuals in poverty in the State bears to
the total number of individuals in poverty in the United
States.
(E) At-risk youth.--From funds equal to 33\1/3\ percent of
such remainder, the Secretary of Labor and the Secretary of
Education, acting jointly on the advice of the Federal
Partnership, shall make available to each State an amount
that bears the same relationship to such funds as the total
number of at-risk youth in the State bears to the total
number of at-risk youth in the United States.
(d) State Plan.--
(1) Information.--To be eligible to receive an allotment
under subsection (c), a State shall include, in the State
plan to be submitted under section 714, information
describing the allocation within the State of the funds made
available through the allotment, and how the programs and
activities described in subsection (b) will be carried out to
meet the State goals and reach the State benchmarks.
(2) Limitation.--A State may not be required to include the
information described in paragraph (1) in the State plan to
be submitted under section 714 to be eligible to receive an
allotment under section 712.
(e) Application.--To be eligible to receive a grant under
paragraph (2) or (3)(A) of subsection (b) from a State to
carry out programs in a substate area, an entity shall
prepare and submit an application to the Governor of the
State at such time, in such manner, and containing such
information as the Governor may require. The Governor may
establish criteria for reviewing such applications. Any such
criteria shall, at a minimum, include the extent to which the
local partnership described in section 728(a) (or, where
established, the local workforce development board described
in section 728(b)) for the substate area approves of such
application.
AMENDMENT NO. 2643
(Purpose: To increase the authorization of appropriations for workforce
development activities)
On page 424, line 8, strike ``$6,127,000,000'' and insert
``$8,100,000,000''.
AMENDMENT NO. 2644
(Purpose: To limit the percentage of the flex account funds that may be
used for economic development activities)
Beginning on page 366, strike line 24 and all that follows
through page 367 line 24, and insert the following:
(e) Economic Development Activities.--
(1) In general.--In the case of a State that meets the
requirements of section 728(c), the State may, subject to
paragraph (2), use not more than 10 percent of the funds made
available to the State under this subtitle through the flex
account to supplement other funds provided by the State or
private sector--
(A) to provide customized assessments of the skills of
workers and an analysis of the skill needs of employers;
(B) to assist consortia of small- and medium-size employers
in upgrading the skills of their workforces;
(C) to provide productivity and quality improvement
training programs for the workforces of small- and medium-
size employers;
(D) to provide recognition and use of voluntary industry-
developed skills standards by employers, schools, and
training institutions;
(E) to carry out training activities in companies that are
developing modernization plans in conjunction with State
industrial extension service offices; and
[[Page S 12950]]
(F) to provide on-site, industry-specific training programs
supportive of industrial and economic development:
through the statewide system.
(2) Conditions.--In order for a State to be eligible to use
funds described in paragraph (1) to award a grant to provide
services described in paragraph (1)--
(A) the State shall make available (directly or through
donations from the affected employers or businesses) non-
Federal contributions in an amount equal to not less than $1
for every $1 of Federal funds provided under the grant;
(B) the services are designed to result in an increase in
the wages of the incumbent workers served; and
(C) the providers of the services are--
(i) eligible to provide services under the Higher Education
Act of 1965 (20 U.S.C. 1001 et seq.); or
(ii) determined to be eligible, under procedures
established by the Governor, to receive payment through
vouchers as described in subsection (a)(9)(B)(i)(III).
AMENDMENT NO. 2645
(Purpose: To make a conforming amendment regarding limiting the
percentage of the flex account funds that may be used for economic
development activities)
On page 407, line 16, strike ``the funds'' and insert ``not
more than 10 percent of funds''.
amendment no. 2646
(The text of the amendment (No. 2646) is printed in today's Record
under ``Amendments Submitted.'')
amendment no. 2647
(Purpose: To ensure that students have broad exposure to a wide range
of knowledge on occupations and choices for skill training)
At the end of section 716, add the following new
subsection:
(h) All Aspects of an Industry.--
(1) Definition.--As used in this subsection, the term ``all
aspects of an industry'', used with respect to a participant,
means all aspects of the industry or industry sector the
participant is preparing to enter, including planning,
management, finances, technical and production skills,
underlying principles of technology, labor and community
issues, health and safety issues, and environmental issues,
related to such industry or industry sector.
(2) Workforce education activities and school-to-work
activities.--Each State that receives an allotment under
section 712 shall ensure that the workforce education
activities and school-to-work activities carried out with
funds made available through the allotment provide strong
experience in and understanding of all aspects of an industry
relating to the career major of each participant in either
type of activities.
(3) State plan requirement.--To be eligible to receive an
allotment under section 712, the State shall specify, in the
portion of the State plan described in section 714(c)(3)
(relating to workforce education activities), how the
activities will provide participants with the experience and
understanding described in paragraph (2).
(4) State benchmarks.--In developing and identifying State
benchmarks that measure student mastery of academic knowledge
and work readiness skills under section 731(c)(2)(A), the
State shall develop and identify State benchmarks that
measure the understanding of all aspects of an industry by
student participants.
AMENDMENT NO. 2648
(Purpose: To clarify the advisory nature of the responsibilities of the
National Board)
On page 323, line 8, strike ``under the direction of the
National Board'' and insert ``under the joint direction of
the Secretary of Labor and the Secretary of Education''.
On page 469, lines 4 and 5, strike ``The Federal
Partnership shall be directed by'' and insert ``There shall
be in the Federal Partnership''.
On page 470, lines 20 and 21, strike ``oversee all
activities'' and insert ``provide advice to the Secretary of
Labor and the Secretary of Education regarding all
activities''.
On page 476, line 19, strike ``to the National Board''.
On page 496, line 4, strike ``to the National Board'' and
insert ``to the President''.
On page 496, lines 7 through 9, strike ``the President, the
Committee on Economic and Educational Opportunities of the
House of Representatives,'' and insert ``the Committee on
Economic and Educational Opportunities of the House of
Representatives''.
Beginning on page 497, strike line 25 and all that follows
through page 500, line 4, and insert the following:
(3) Review.--
(A) In general.--Not later than 45 days after the date of
submission of the proposed workplan under paragraph (1), the
President shall--
(i) review and approve the workplan: or
(ii) reject the workplan, prepare an alternative workplan
that contains the analysis, information, and determinations
described in paragraph (2), and submit the alternative
workplan to the Committee on Economic and Educational
Opportunities of the House of Representatives and the
Committee on Labor and Human Resources of the Senate.
(B) Functions transferred.--If the President approves the
proposed workplan, or prepares the alternative workplan, the
functions descried in paragraph (2)(C), as determined in such
proposed or alternative workplan, shall be transferred under
subsection (b).
(C) Special rule.--If the President takes no action on the
proposed workplan submitted under paragraph (1) within the
45-day period described in subparagraph (A), such workplan
shall be deemed to be approved and shall take effect on the
day after the end of such period. The functions described in
paragraph (2)(C), as determined in the proposed workplan,
shall be transferred under subsection (b).
(4) Report.--Not later than July 1, 1998, the Secretary of
Education and the Secretary of Labor shall submit to the
appropriate committees of Congress information on the
transfers required by this section.
On page 501, line 5, strike ``National Board'' and insert
``Secretary of Labor and Secretary of Education, acting
jointly''.
On page 501, lines 8 and 9, strike ``National Board'' and
insert ``Secretaries''.
On page 501, lines 11 and 12, strike ``National Board'' and
insert ``Secretary of Labor and Secretary of Education''.
On page 501, line 13, strike ``National Board'' and insert
``Secretaries''.
On page 501, line 15, strike ``National Board'' and insert
``Secretary of Labor and Secretary of Education, acting
jointly''.
On page 505, line 9, strike ``National Board'' and insert
``Secretary of Labor and Secretary of Education, acting
jointly''.
On page 511, lines 4 and 5, strike ``Director, or National
Board'' and insert ``or Director,''.
On page 558, lines 15 through 18 and insert the following:
administered by the Secretary of Education (referred to in
this section as the ``Secretary''). The Secretary may include
in
On page 558, line 20, strike ``National Board'' and insert
``Secretary''.
On page 559, lines 1 and 2, strike ``National Board'' and
insert ``Secretary''.
On page 559, lines 9 and 10, strike ``National Board'' and
insert ``Secretary''.
On page 559, line 11, strike ``National Board'' and insert
``Secretary''.
On page 559, line 12, strike ``National Board's'' and
insert ``Secretary's''.
On page 559, line 15, strike ``National Board'' and insert
``Secretary''.
On page 564, line 19 and 20, strike ``National Board'' and
insert ``Secretary''.
On page 566, line 18, strike ``National Board'' and insert
``Secretary''.
On page 567, line 22, strike ``National Board,''.
On page 568, line 3 and 4, strike ``the National Board,''.
On page 569, line 3, strike ``National Board'' and insert
``Secretary of Education (referred to in this section as the
`Secretary')''.
On page 569, line 9, strike ``National Board'' and insert
``Secretary''.
On page 572, line 24, strike ``National Board'' and insert
``Secretary''.
On page 573, line 22, strike ``National Board'' and insert
``Secretary''.
On page 575, line 5, strike ``National Board'' and insert
``Secretary''.
On page 575, line 10, strike ``National Board'' and insert
``Secretary''.
On page 575, line 15, strike ``National Board'' and insert
``Secretary''.
amendment no. 2649
(Purpose: To provide both women and men with access to training in
occupations or fields of work in which women or men comprise less than
25 percent of the individuals employed in such occupations or fields of
work, with respect to workforce development activities)
At the end of section 716, add the following new
subsection:
(h) Nontraditional occupations.--
(1) Definition.--The term ``nontraditional occupation'',
used with respect to women or men, refers to an occupation or
field of work in which women or men, respectively, comprise
less than 25 percent of the individuals employed in such
occupation or field of work.
(2) Workforce employment activities.--Each State that
receives an allotment under section 712 may, in carrying out
workforce employment activities with funds made available
through the allotment, carry out--
(A) programs encouraging women and men to consider
nontraditional occupations for women and men, respectively;
and
(B) development and training relating to provision of
effective services, including the provision of current
information (as of the date of the provision) on high-wage,
high-demand occupations, to individuals with multiple
barriers to employment.
(3) Workforce education activities.--Each State that
receives an allotment under section 712 shall ensure that the
workforce education activities carried out with funds made
available through the allotment provide exposure to high-
wage, high-skill careers.
(4) State benchmarks.--In developing and identifying State
benchmarks under section 731(c)(1), the State shall develop
and identify State benchmarks that measure the understanding
of all aspects of an industry by participants.
amendment no. 2650
(Purpose: To provide both women and men with access to training in
occupations or fields of work in which women or men comprise less than
25 percent of the individuals employed in such occupations or fields of
work, with respect to workforce preparation activities for at-risk
youth)
At the end of subtitle C, add the following:
[[Page S 12951]]
SEC. 760. NONTRADITIONAL OCCUPATIONS.
(a) Definition.--The term ``nontraditional occupation'',
used with respect to women or men, refers to an occupation or
field of work in which women or men, respectively, comprise
less than 25 percent of the individuals employed in such
occupation or field of work.
(b) Job Corps.--A State that receives funds through an
allotment made under section 759(c)(2) shall ensure that
enrollees assigned to Job Corps centers in the State receive
career awareness activities relating to nontraditional
occupations for women and men.
(c) Permissible Workforce Preparation Activities.--A State
that receives funds through an allotment made under section
759(c)(3) and uses the funds to assist entities in providing
work-based learning as a component of school-to-work
activities under section 759(b)(2)(B) shall ensure that the
work-based learning includes career exploration programs and
occupational skill training relating to nontraditional
occupations for women and men.
amendment no. 2651
(Purpose: To ensure that States reference existing academic and
occupational standards in their State plans)
On page 340, line 9, after ``State'' insert the following:
``, including how the State will develop, adopt, or use
industry-recognized skill standards, such as the skill
standards endorsed by the National Skill Standards Board, to
identify skill needs for current (as of the date of
submission of the plan) and emerging occupations''.
amendment no. 2652
(Purpose: To ensure that State plans describe activities that will
enable States to meet their benchmarks)
Beginning on page 349, strike line 6 and all that follows
through page 351, line 20, and insert the following:
dent performance measures, including measures of academic and
occupational skills at levels specified in challenging
standards, such as the student performance standards
certified by the National Education Standards and Improvement
Council (and not disapproved by the National Education Goals
Panel) and the skill standards endorsed by the National Skill
Standards Board, that are developed, adopted, or used by the
State.
(d) Procedure for Development of Part of Plan Relating to
Strategic Plan.--
(1) Description of development.--The part of the State
plan relating to the strategic plan shall include a
description of the manner in which--
(A) the Governor;
(B) the State educational agency;
(C) representatives of business and industry, including
representatives of key industry sectors, and of small- and
medium-size and large employers, in the State;
(D) representatives of labor and workers;
(E) local elected officials from throughout the State;
(F) the State agency officials responsible for vocational
education;
(G) the State agency officials responsible for
postsecondary education;
(H) the State agency officials responsible for adult
education;
(I) the State agency officials responsible for vocational
rehabilitation;
(J) such other State agency officials, including
officials responsible for economic development and
employment, as the Governor may designate;
(K) the representative of the Veterans' Employment and
Training Service assigned to the State under section 4103 of
title 38, United States Code; and
(L) other appropriate officials, including members of the
State workforce development board described in section 715,
if the State has established such a board;
collaborated in the development of such part of the plan.
(2) Failure to obtain support.--If, after a reasonable
effort, the Governor is unable to obtain the support of the
individuals and entities described in paragraph (1) for the
strategic plan the Governor shall--
(A) provide such individuals and entities with copies of
the strategic plan;
(B) allow such individuals and entities to submit to the
Governor, not later than the end of the 30-day period
beginning on the date on which the Governor provides such
individuals
and entities with copies of such plan under subparagraph
(A), comments on such plan; and
(C) include any such comments in such plan.
(e) Approval.--The Secretary of Labor and the Secretary of
Education, acting jointly on the advice of the Federal
Partnership, shall approve a State plan if--
(1) the Federal Partnership determines that the plan
contains the information described in subsection (c);
(2) the Federal Partnership determines that the State has
prepared the plan in accordance with the requirements of this
section, including the requirements relating to development
of any part of the plan;
(3) the Federal Partnership determines that the State, in
preparing the plan, has described activities that will enable
the State to meet the State benchmarks; and
(4) the State benchmarks for the State have
AMENDMENT NO. 2653
(Purpose: To clarify that the term ``labor market information'' refers
to labor market and occupational information)
In section 714(c)(2)(E), strike ``labor market
information'' and insert ``labor market and occupational
information (referred to in this Act as `labor market
information')''.
AMENDMENT NO. 2654
(Purpose: To explicitly include occupational information in the labor
market information system provided under workforce employment
activities)
Strike section 773 and insert the following:
SEC. 773. LABOR MARKET INFORMATION.
(a) Federal Responsibilities.--The Federal Partnership, in
accordance with the provisions of this section, shall oversee
the development, maintenance, and continuous improvement of a
nationwide integrated labor market information system that
shall include--
(1) statistical data from cooperative statistical survey
and projection programs and data from
administrative reporting systems, that, taken together,
shall enumerate, estimate, and project the supply and
demand for labor at the substate, State, and national
levels in a timely manner, including data on--
(A) the demographics, socioeconomic characteristics, and
current employment status of the substate, State, and
national populations (as of the date of the collection of the
data), including self-employed, part-time, and seasonal
workers;
(B) job vacancies, education and training requirements,
skills, wages, benefits, working conditions, and industrial
distribution, of occupations, as well as current and
projected employment opportunities and trends by industry and
occupation;
(C) the educational attainment, training, skills, skill
levels, and occupations of the populations;
(D) information maintained in a longitudinal manner on the
quarterly earnings, establishment and industry affiliation,
and geographic location of employment for all individuals for
whom the information is collected by the States; and
(E) the incidence, industrial and geographical location,
and number of workers displaced by permanent layoffs and
plant closings;
(2) State and substate area employment and consumer
information (which shall be current, comprehensive,
automated, accessible, easy to understand, and in a form
useful for facilitating immediate employment, entry into
education and training programs, and career exploration) on--
(A) job openings, locations, hiring requirements, and
application procedures, including profiles of industries in
the local labor market that describe the nature of work
performed, employment requirements, and patterns in wages and
benefits;
(B) jobseekers, including the education, training, and
employment experience of the jobseekers; and
(C) the cost and effectiveness of providers of workforce
employment activities, workforce education activities, and
flexible workforce activities, including the percentage of
program completion, acquisition of skills to meet industry-
recognized skill standards, continued education, job
placement, and earnings, by participants, and other
information that may be useful in facilitating informed
choices among providers by participants;
(3) technical standards for labor market information that
will--
(A) ensure compatibility of the information and the ability
to aggregate the information from substate areas to State and
national levels;
(B) support standardization and aggregation of the data
from administrative reporting systems;
(C) include--
(i) classification and coding systems for industries,
occupations, skills, programs, and courses;
(ii) nationally standardized definitions of labor market
and occupational terms, including terms related to State
benchmarks established pursuant to section 731(c);
(iii) quality control mechanisms for the collection and
analysis of labor market information; and
(iv) common schedules for collection and dissemination of
labor market information; and
(D) eliminate gaps and duplication in statistical
undertakings, with a high priority given to the systemization
of wage surveys;
(4) an analysis of data and information described in
paragraphs (1) and (2) for uses such as--
(A) national, State, and substate area economic
policymaking;
(B) planning and evaluation of workforce development
activities;
(C) the implementation of Federal policies, including the
allocation of Federal funds to States and substate areas; and
(D) research on labor market and occupational dynamics;
(5) dissemination mechanisms for data and analysis,
including mechanisms that may be standardized among the
States; and
(6) programs of technical assistance for States and
substate areas in the development, maintenance, utilization,
and continuous improvement of the data, information,
standards, analysis, and dissemination mechanisms, described
in paragraphs (1) through (5).
(b) Joint Federal-State Responsibilities.--
(1) In general.--The nationwide integrated labor market
information system shall be planned, administered, overseen,
and evaluated through a cooperative governance
[[Page S 12952]]
structure involving the Federal Government and the States receiving
financial assistance under this title.
(2) Annual plan.--The Federal Partnership shall, with the
assistance of the Bureau of Labor Statistics and other
Federal agencies, where appropriate, prepare an annual plan
that shall be the mechanism for achieving the cooperative
Federal-State governance structure for the nationwide
integrated labor market information system. The plan shall--
(A) establish goals for the development and improvement of
a nationwide integrated labor market information system based
on information needs for achieving economic growth and
productivity, accountability, fund allocation equity, and an
understanding of labor market and occupational
characteristics and dynamics;
(B) describe the elements of the system, including--
(i) standards, definitions, formats, collection
methodologies, and other necessary system elements, for use
in collecting the data and information described in
paragraphs (1) and (2) of subsection (a); and
(ii) assurances that--
(I) data will be sufficiently timely and detailed for uses
including the uses described in subsection (a)(4);
(II) administrative records will be standardized to
facilitate the aggregation of data from substate areas to
State and national levels and to support the creation of new
statistical series from program records; and
(III) paperwork and reporting requirements on employers and
individuals will be reduced;
(C) recommend needed improvements in administrative
reporting systems to be used for the nationwide integrated
labor market information system;
(D) describe the current spending on integrated labor
market information activities from all sources, assess the
adequacy of the funds spent, and identify the specific budget
needs of the Federal Government and States with respect to
implementing and improving the nationwide integrated labor
market information system;
(E) develop a budget for the nationwide integrated labor
market information system that--
(i) accounts for all funds described in subparagraph (D)
and any new funds made available pursuant to this title; and
(ii) describes the relative allotments to be made for--
(I) operating the cooperative statistical programs pursuant
to subsection (a)(1);
(II) developing and providing employment and consumer
information pursuant to subsection (a)(2);
(III) ensuring that technical standards are met pursuant to
subsection (a)(3); and
(IV) providing the analysis, dissemination mechanisms, and
technical assistance under paragraphs (4), (5), and (6) of
subsection (a), and matching data;
(F) describe the involvement of States in developing the
plan by holding formal consultations conducted in cooperation
with representatives of the Governors of each State or the
State workforce development board described in section 715,
where appropriate, pursuant to a process established by the
Federal Partnership; and
(G) provide for technical assistance to the States for the
development of statewide comprehensive labor market
information systems described in subsection (c), including
assistance with the development of easy-to-use software and
hardware, or uniform information displays.
For purposes of applying Office of Management and Budget
Circular A-11 to determine persons eligible to participate in
deliberations relating to budget issues for the development
of the plan, the representatives of the Governors of each
State and the State workforce development board described in
subparagraph (F) shall be considered to be employees of the
Department of Labor.
(c) State Responsibilities.--
(1) Designation of state agency.--In order to receive
Federal financial assistance under this title, the Governor
of a State shall--
(A) establish an interagency process for the oversight of a
statewide comprehensive labor market information system and
for the participation of the State in the cooperative
Federal-State governance structure for the nationwide
integrated labor market information system; and
(B) designate a single State agency or entity within the
State to be responsible for the management of the statewide
comprehensive labor market information system.
(2) Duties.--In order to receive Federal financial
assistance under this title, the State agency or entity
within the State designated under paragraph (1)(B) shall--
(A) consult with employers and local workforce development
boards described in section 728(b), where appropriate, about
the labor market relevance of the data to be collected and
displayed through the statewide comprehensive labor market
information system;
(B) develop, maintain, and continuously improve the
statewide comprehensive labor market information system,
which shall--
(i) include all of the elements described in paragraphs
(1), (2), (3), (4), (5), and (6) of subsection (a); and
(ii) provide the consumer information described in clauses
(v) and (vi) of section 716(a)(2)(B) in a manner that shall
be responsive to the needs of business, industry, workers,
and jobseekers;
(C) ensure the performance of contract and grant
responsibilities for data collection, analysis, and
dissemination, through the statewide comprehensive labor
market information system;
(D) conduct such other data collection, analysis, and
dissemination activities to ensure that State and substate
area labor market information is comprehensive;
(E) actively seek the participation of other State and
local agencies, with particular attention to State education,
economic development, human services, and welfare agencies,
in data collection, analysis, and dissemination activities in
order to ensure complementarity and compatibility among data;
(F) participate in the development of the national annual
plan described in subsection (b)(2); and
(G) ensure that the matches required for the job placement
accountability system by section 731(d)(2)(A) are made for
the State and for other States.
(3) Rule of construction.--Nothing in this title shall be
construed as limiting the ability of a State agency to
conduct additional data collection, analysis, and
dissemination activities with State funds or with Federal
funds from sources other than this title.
(d) Effective Date.--This section shall take effect on July
1, 1998.
amendment no. 2655
(Purpose: To provide a conforming amendment relating to labor market
and occupational information)
In section 101(a)(3)(C)(i)(II) of the Rehabilitation Act of
1973, as amended by section 809(a)(8), strike ``labor market
information'' and insert ``labor market and occupational
information''.
amendment no. 2656
(Purpose: To maintain the administration of the school-to-work programs
in the School-to-Work office)
On page 465, strike lines 4 through 12.
amendment no. 2657
(Purpose: To make the list of workforce education activities for which
funds may be used more consistent with the provisions of the amendments
made by the Carl D. Perkins Vocational and Applied Technology Education
Act Amendments of 1990, and the provisions of the School-to-Work
Opportunities Act of 1994)
On page 363, beginning with line 12, strike all through
page 364, line 13, and insert the following:
(b) Workforce Education Activities.--The State educational
agency shall use the funds made available to the State
educational agency under this title for workforce education
activities to carry out, through the statewide workforce
development system, activities that include--
(1) ensuring that all students, including students who are
members of special populations, have the opportunity to
achieve to challenging State academic standards and industry-
based skill standards;
(2) promoting the integration of academic and vocational
education;
(3) supporting career majors in broad occupational clusters
or industry sectors;
(4) effectively linking secondary education and
postsecondary education, including implementing tech-prep
programs;
(5) providing students with strong experience in, and
understanding of, all aspects of the industry such students
are preparing to enter;
(6) providing connecting activities that link each youth
participating in workforce education activities under this
subsection with an employer in an industry or occupation
relating to the career of such youth;
(7) combining school-based and work-based instruction,
including instruction in general workplace competencies;
(8) providing school-site and workplace mentoring;
(9) providing a planned program of job training and work
experience that is coordinated with school-based learning;
(10) providing career guidance and counseling for students
at the earliest possible age, including the provision of
career awareness, career exploration, exposure to high-wage,
high-skill careers, and guidance information, to students and
their parents that is, to the extent possible, in a language
and form that the students and their parents understand;
(11) expanding, improving, and modernizing quality
vocational education programs;
(12) improving access to quality vocational education
programs for at-risk youth;
(13) providing literacy and basic education services for
adults and out-of-school youth, including adults and out-of-
school youth in correctional institutions;
(14) providing programs for adults and out-of-school youth
to complete their secondary education; or
(15) providing programs of family and work-place literacy.
amendment no. 2658
(The text of the amendment (No. 2658) is printed in today's Record
under ``Amendments Submitted.'')
amendment no. 2659
(The text of the amendment (No. 2659) is printed in today's Record
under ``Amendments Submitted.'')
[[Page S 12953]]
amendment no. 2660
(Purpose: To include volunteers among those for whom the National
Center for Research in Education and Workforce Development conducts
research and development, and provides technical assistance)
On page 489, line 18, insert ``volunteers,'' after
``teachers,''.
Amendment No. 2661
(Purpose: To provide supplemental security income benefits to persons
who are disabled by reason of drug or alcohol abuse, and for other
purposes)
On page 124, beginning on line 16, strike all through page
133, line 18, and insert the following:
SEC. 201. LIMITED ELIGIBILITY OF NONCITIZENS FOR SSI
BENEFITS.
Paragraph (1) of section 1614(a) (42 U.S.C. 1382c(a)) is
amended--
(1) in subparagraph (B)(i), by striking ``either'' and all
that follows through ``, or'' and inserting ``(I) a citizen;
(II) a noncitizen who is granted asylum under section 208 of
the Immigration and Nationality Act or whose deportation has
been withheld under section 243(h) of such Act for a period
of not more than 5 years after the date of arrival into the
United States; (III) a noncitizen who is admitted to the
United States as a refugee under section 207 of such Act for
not more than such 5-year period; (IV) a noncitizen, lawfully
present in any State (or any territory or possession of the
United States), who is a veteran (as defined in section 101
of title 38, United States Code) with a discharge
characterized as an honorable discharge and not on account of
alienage or who is the spouse or unmarried dependent child of
such veteran; or (V) a noncitizen who has worked sufficient
calendar quarters of coverage to be a fully insured
individual for benefits under title II, or''; and
(2) by adding at the end the following new flush sentence:
``For purposes of subparagraph (B)(i)(IV), the determination
of whether a noncitizen is lawfully present in the United
States shall be made in accordance with regulations of the
Attorney General. A noncitizen shall not be considered to be
lawfully present in the United States for purposes of this
title merely because the noncitizen may be considered to be
permanently residing in the United
States under color of law for purposes of any particular
program.''.
SEC. 202. DENIAL OF SSI BENEFITS FOR 10 YEARS TO INDIVIDUALS
FOUND TO HAVE FRAUDULENTLY MISREPRESENTED
RESIDENCE IN ORDER TO OBTAIN BENEFITS
SIMULTANEOUSLY IN 2 OR MORE STATES.
Section 1614(a) (42 U.S.C. 1382c(a)) is amended by adding
at the end the following new paragraph:
``(5) An individual shall not be considered an eligible
individual for purposes of this title during the 10-year
period beginning on the date the individual is convicted in
Federal or State court of having made a fraudulent statement
or representation with respect to the place of residence of
the individual in order to receive assistance simultaneously
from 2 or more States under programs that are funded under
part A of title IV, title XIX, or the Food Stamp Act of 1977,
or benefits in 2 or more States under the supplemental
security income program under title XVI.''.
SEC. 203. DENIAL OF SSI BENEFITS FOR FUGITIVE FELONS AND
PROBATION AND PAROLE VIOLATORS.
(a) In General.--Section 1611(e) (42 U.S.C. 1382(e)) is
amended by adding at the end the following new paragraph:
``(6) A person shall not be an eligible individual or
eligible spouse for purposes of this title with respect to
any month if during such month the person is--
``(A) fleeing to avoid prosecution, or custody or
confinement after conviction, under the laws of the place
from which the person flees, for a crime, or an attempt to
commit a crime, which is a felony under the laws of the place
from which the person flees, or which, in the case of the
State of New Jersey, is a high misdemeanor under the laws of
such State; or
``(B) violating a condition of probation or parole imposed
under Federal or State law.''.
(b) Exchange of Information With Law Enforcement
Agencies.--Section 1631(e) (42 U.S.C. 1383(e)) is amended by
inserting after paragraph (3) the following new paragraph:
``(4) Notwithstanding any other provision of law, the
Commissioner shall furnish any Federal, State, or local law
enforcement officer, upon the request of the officer, with
the current address of any recipient of benefits under this
title, if the officer furnishes the agency with the name of
the recipient and notifies the agency that--
``(A) the recipient--
``(i) is fleeing to avoid prosecution, or custody or
confinement after conviction, under the
laws of the place from which the person flees, for a crime,
or an attempt to commit a crime, which is a felony under
the laws of the place from which the person flees, or
which, in the case of the State of New Jersey, is a high
misdemeanor under the laws of such State;
``(ii) is violating a condition of probation or parole
imposed under Federal or State law; or
``(iii) has information that is necessary for the officer
to conduct the officer's official duties; and
``(B) the location or apprehension of the recipient is
within the officer's official duties.''.
SEC. 204. EFFECTIVE DATES; APPLICATION TO CURRENT RECIPIENTS.
(a) Section 201.--
(1) In general.--Except as provided in paragraphs (2) and
(3), the amendments made by section 201 shall apply to
applicants for benefits for months beginning on or after the
date of the enactment of this Act, without regard to whether
regulations have been issued to implement such amendments.
(2) Application to current recipients.--
(A) Application and notice.--Notwithstanding any other
provision of law, in the case of an individual who is
receiving supplemental security income benefits under title
XVI of the Social Security Act as of the date of the
enactment of this Act and whose eligibility for such benefits
would terminate by reason of the amendments made by section
201, such amendments shall apply with respect to the benefits
of such individual for months beginning on or after January
1, 1997, and the Commissioner of Social Security shall so
notify the individual not later than 90 days after the date
of the enactment of this Act.
(B) Reapplication.--
(i) In general.--Not later than 120 days after the date of
the enactment of this Act, each individual notified pursuant
to subparagraph (A) who desires to reapply for benefits under
title XVI of the Social Security Act, as amended by this
title, shall reapply to the Commissioner of Social Security.
(ii) Determination of eligibility.--Not later than 1 year
after the date of the enactment of this Act, the Commissioner
of Social Security shall determine the eligibility of each
individual who reapplies for benefits under clause (i)
pursuant to the procedures of such title.
(b) Other Amendments.--The amendments made by sections 202
and 203 shall take effect on the date of the enactment of
this Act.
Subtitle B--Benefits for Disabled Children
SEC. 211. DEFINITION AND ELIGIBILITY RULES.
(a) Definition of Childhood Disability.--Section 1614(a)(3)
(42 U.S.C. 1382c(a)(3)) is amended--
amendment no. 2662
(Purpose: To provide demonstration projects for using neighborhood
schools as centers for beneficial activities for children and their
parents in order to break the welfare cycle)
On page 122, between lines 11 and 12, insert:
SEC. 110. DEMONSTRATION PROJECTS FOR SCHOOL UTILIZATION.
(a) Findings.--It is the goal of the United States that
children grow to be self-sufficient citizens, that parents
equip themselves to provide the best parental care and
guidance to their children, and that welfare dependency,
crime, and the deterioration of neighborhoods be eliminated.
It will contribute to these goals to increase the level of
parents' involvement in their children's school and other
activities, to increase the amount of time parents spend with
or in close proximity to their children, to increase the
portion of the day and night when children are in a safe and
healthy environment and not exposed to unfavorable
influences, to increase the opportunities for children to
participate in safe, healthy, and enjoyable extra-curricular
and organized developmental and recreational activities, and
to make more accessible the opportunities for parents,
especially those dependent on public assistance, to increase
and enhance their parenting and living skills. All of these
contributions can be facilitated by establishing the
neighborhood public school as a focal point for such
activities and by extending the hours of the day in which its
facilities are available for such activities.
(b) Grants.--The Secretary of Education (hereafter in this
section referred to as the ``Secretary'') shall make
demonstration grants as provided in subsection (c) to States
to enable them to increase the number of hours during each
day when existing public school facilities are available for
use for the purposes set forth in subsection (d).
(c) Selection of States.--The Secretary shall make grants
to not more than 5 States for demonstration projects in
accordance with this section. Each State shall select the
number and location of schools based on the
amount of funds it deems necessary for a school properly to
achieve the goals of this program. The schools selected
must have a significant percentage of students receiving
benefits under part A of title IV of the Social Security
Act. No more than 2 percent of the grant to any State
shall be used for administrative expenses of any kind by
any entity (except that none of the activities set forth
in paragraphs (1) and (2) of subsection (d) shall be
considered an administrative activity the expenses for
which are limited by this subsection).
(d) Use of Funds.--The grants made under subsection (b), in
order that school facilities can be more fully utilized,
shall be used to provide funding for, among other things--
(1) extending the length of the school day, expanding the
scope of student programs offered before and after pre-
existing school hours, enabling volunteers and parents or
professionals paid from other sources to teach, tutor, coach,
organize, advise, or monitor students before and after pre-
existing school hours, and providing security, supplies,
utilities, and janitorial services before and after pre-
existing school hours for these programs,
(2) making the school facilities available for community
and neighborhood clubs, civic associations and organizations,
Boy and Girl
[[Page S 12954]]
Scouts and similar organizations, adult education classes, organized
sports, parental education classes, and other educational,
recreational, and social activities.
None of the funds provided under this section can be used to
supplant funds already provided to a school facility for
services, equipment, personnel, or utilities nor can funds be
used to pay costs associated with operating school facilities
during hours those facilities are already available for
student or community use.
(e) Applications.--
(1) In general.--The Governor of each State desiring to
conduct a demonstration project under this section shall
prepare and submit to the Secretary an application in such
manner and containing such information as the Secretary may
require. The Secretary shall actively encourage States to
submit such applications.
(2) Approval.--The Secretary shall consider all
applications received from States desiring to conduct
demonstration projects under this section and shall approve
such applications in a number of States to be determined by
the Secretary (not to exceed 5), taking into account the
overall funding levels available under this section.
(f) Duration.--A demonstration project under this section
shall be conducted for not more than 4 years plus an
additional time period of up to 12 months for final
evaluation and reporting. The Secretary may terminate a
project if the Secretary determines that the State conducting
the project is not in substantial compliance with the terms
of the application approved by the Secretary under this
section.
(g) Evaluation Plan.--
(1) Standards.--Not later than 3 months after the date of
the enactment of this section, the Secretary shall develop
standards for evaluating the effectiveness of each
demonstration project in contributing toward meeting the
objectives set forth in subsection (a), which shall include
the requirement that an independent expert entity selected by
the Secretary provide an evaluation of all demonstration
projects, which evaluations shall be included in the
appropriate State's annual and final reports to the Secretary
under subsection (h)(1).
(2) Submission of plan.--Each State conducting a
demonstration project under this section shall submit an
evaluation plan (meeting the standards developed by the
Secretary under paragraph (1)) to the Secretary not later
than 90 days after the State is notified of the Secretary's
approval for such project. A State shall not receive any
Federal funds for the operation of the demonstration project
until the Secretary approves such evaluation plan.
(h) Reports.--
(1) State.--A State that conducts a demonstration project
under this section shall prepare and submit to the Secretary
annual and final reports in accordance with the State's
evaluation plan under subsection (g)(2) for such
demonstration project.
(2) Secretary.--The Secretary shall prepare and submit to
the Congress annual reports concerning each demonstration
project under this Act.
(i) Authorizations.--
(1) Grants.--There are authorized to be appropriated for
grants under subsection (b) for each of fiscal years 1996,
1997, 1998, 1999, and 2000, $10,000,000.
(2) Administration.--There are authorized to be
appropriated $1,000,000 for each of fiscal years 1996, 1997,
1998, 1999, and 2000 for the administration of this section
by the Secretary, including development of standards and
evaluation of all demonstration projects by an independent
expert entity under subsection (g)(1).
amendment no. 2663
(Purpose: To provide demonstration projects for using neighborhood
schools as centers for beneficial activities for children and their
parents in order to break the welfare cycle, and for other purposes)
On page 122, between lines 11 and 12, insert:
SEC. 110. DEMONSTRATION PROJECTS FOR SCHOOL UTILIZATION.
(a) Findings.--It is the goal of the United States that
children grow to be self-sufficient citizens, that parents
equip themselves to provide the best parental care and
guidance to their children, and that welfare dependency,
crime, and the deterioration of neighborhoods be eliminated.
It will contribute to these goals to increase the level of
parents' involvement in their children's school and other
activities, to increase the amount of time parents spend with
or in close proximity to their children, to increase the
portion of the day and night when children are in a safe and
healthy environment and not exposed to unfavorable
influences, to increase the opportunities for children to
participate in safe, healthy, and enjoyable extracurricular
and organized developmental and recreational activities, and
to make more accessible the opportunities for parents,
especially those dependent on public assistance, to increase
and enhance their parenting and living skills. All of these
contributions can be facilitated by establishing the
neighborhood public school as a focal point for such
activities and by extending the hours of the day in which its
facilities are available for such activities.
(b) Grants.--The Secretary of Education (hereafter in this
section referred to as the ``Secretary'') shall make
demonstration grants as provided in subsection (c) to States
to enable them to increase the number of hours during each
day when existing public school facilities are available for
use for the purposes set forth in subsection (d).
(c) Selection of States.--The Secretary shall make grants
to not more than 5 States for demonstration projects in
accordance with this section. Each State shall select the
number and location of schools based on the amount of funds
it deems necessary for a school properly to achieve the goals
of this program. The schools selected must have a significant
percentage of students receiving benefits under part A of
title IV of the Social Security Act. No more than 2 percent
of the grant to any State shall be used for administrative
expenses of any kind by any entity (except that none of the
activities set forth in paragraphs (1) and (2) of subsection
(d) shall be considered an administrative activity the
expenses for which are limited by this subsection).
(d) Use of Funds.--The grants made under subsection (b), in
order that school facilities can be more fully utilized,
shall be used to provide funding for, among other things--
(1) extending the length of the school day, expanding the
scope of student programs offered before and after pre-
existing school hours, enabling volunteers and parents or
professionals paid from other sources to teach, tutor, coach,
organize, advise, or monitor students before and after pre-
existing school hours, and providing security, supplies,
utilities, and janitorial services before and after pre-
existing school hours for these programs,
(2) making the school facilities available for community
and neighborhood clubs, civic associations and organizations,
Boy and Girl Scouts and similar organizations, adult
education classes, organized sports, parental education
classes, and other educational, recreational, and social
activities.
None of the funds provided under this section can be used to
supplant funds already provided to a school facility for
services, equipment, personnel, or utilities nor can funds be
used to pay costs associated with operating school facilities
during hours those facilities are already available for
student or community use.
(e) Applications.--
(1) In general.--The Governor of each State desiring to
conduct a demonstration project under this section shall
prepare and submit to the Secretary an application in such
manner and containing such information as the Secretary may
require. The Secretary shall actively encourage States to
submit such applications.
(2) Approval.--The Secretary shall consider all
applications received from States desiring to conduct
demonstration projects under this section and shall approve
such applications in a number of States to be determined by
the Secretary (not to exceed 5), taking into account the
overall funding levels available under this section.
(f) Duration.--A demonstration project under this section
shall be conducted for not more than 4 years plus an
additional time period of up to 12 months for final
evaluation and reporting. The Secretary may terminate a
project if the Secretary determines that the State conducting
the project is not in substantial compliance with the terms
of the application approved by the Secretary under this
section.
(g) Evaluation Plan.--
(1) Standards.--Not later than 3 months after the date of
the enactment of this section, the Secretary shall develop
standards for evaluating the effectiveness of each
demonstration project in contributing toward meeting the
objectives set forth in subsection (a), which shall include
the requirement that an independent expert entity selected by
the Secretary provide an evaluation of all demonstration
projects, which evaluations shall be included in the
appropriate State's annual and final reports to the Secretary
under subsection (h)(1).
(2) Submission of plan.--Each State conducting a
demonstration project under this section shall submit an
evaluation plan (meeting the standards developed by the
Secretary under paragraph (1)) to the Secretary not later
than 90 days after the State is notified of the Secretary's
approval for such project. A State shall not receive any
Federal funds for the operation of the demonstration project
until the Secretary approves such evaluation plan.
(h) Reports.--
(1) State.--A State that conducts a demonstration project
under this section shall prepare and submit to the Secretary
annual and final reports in accordance with the State's
evaluation plan under subsection (g)(2) for such
demonstration project.
(2) Secretary.--The Secretary shall prepare and submit to
the Congress annual reports concerning each demonstration
project under this Act.
(i) Authorizations.--
(1) Grants.--There are authorized to be appropriated for
grants under subsection (b) for each of fiscal years 1996,
1997, 1998, 1999, and 2000, $10,000,000.
(2) Administration.--There are authorized to be
appropriated $1,000,000 for each of fiscal years 1996, 1997,
1998, 1999, and 2000 for the administration of this section
by the Secretary, including development of standards and
evaluation of all demonstration projects by an independent
expert entity under subsection (g)(1).
SEC. 111. STUDY OF SCHOOLS WITH STUDENTS FAILING TO ENTER
WORKFORCE.
(a) Study.--The Secretary of Education shall conduct a
study to--
(1) determine which high schools have the highest
proportion of students, both those
[[Page S 12955]]
who graduate and those who drop out before graduating, who never reach
the workforce, and establish the reasons for such
disproportionate failure, and
(2) measure the educational effectiveness of existing
innovative educational mechanisms, including charter schools,
extended school days, the community schools program, and
child care programs, in increasing the proportion of a
school's students who become a part of the workforce.
(b) Report.--The Secretary shall, not later than January 1,
1997, report to the Congress the results of the study
conducted under subsection (a), including recommendations
with respect to measures which prove effective in assisting
schools in preparing students for the workforce.
(c) Authorization of Appropriations.--There is authorized
to be appropriated $7,000,000 to carry out the purposes of
this section.
SEC. 112. SCHOOL CARE FOR CHILDREN OF INDIVIDUALS REQUIRED TO
WORK.
Notwithstanding any other provision of, or amendment made
by, this title, if a State requires an individual receiving
assistance under a State program funded under part A of title
IV to engage in work activities, the State shall provide
adult-supervised care to each school-age child of the
individual before and after school during the hours during
which the individual is working and in transit between home
and work. Such care shall be provided at the location where
each child attends school. Comparable activities shall be
provided during the same daily time periods for all days
during which the individual is working but school is not in
session.
SEC. 113. PARENTAL RESPONSIBILITY CONTRACTS.
(a) Assessment.--Notwithstanding any other provision of, or
amendment made by, this title, each State to which a grant is
made under section 403 of the Social Security Act shall
provide that the State agency, through a case manager, shall
make an initial assessment of the education level, parenting
skills, and history of parenting activities and involvement
of each parent who is applying for financial assistance under
the plan.
(b) Parental Responsibility Contracts.--On the basis of the
assessment made under subsection (a) with respect to each
parent applicant, the case manager, in consultation with the
parent applicant (hereafter in this subsection referred to as
the ``client''), and, if possible, the client's spouse if one
is present, shall develop a parental responsibility contract
for the client, which meets the following requirements:
(1) Sets forth the obligations of the client, including all
of the following the case manager believes are within the
ability and capacity of the client, are not incompatible with
the employment or school activities of the client, and are
not inconsistent with each other in the client's case or with
the well being of the client's children:
(A) Attend school, if necessary, and maintain certain
grades and attendance.
(B) Keep school-age children of the client in school.
(C) Immunize children of the client.
(D) Attend parenting and money management classes.
(E) Participate in parent and teacher associations and
other activities intended to involve parents in their
children's school activities and in the affairs of their
children's school.
(F) Attend school activities with their children where
attendance or participation by both children and parents is
appropriate.
(G) Undergo appropriate substance abuse treatment
counseling.
(H) Any other appropriate activity, at the option of the
State.
(2) Provides that the client shall accept any bona fide
offer of unsubsidized full-time employment, unless the client
has good cause for not doing so.
(c) Penalties for Noncompliance With Parental
Responsibility Contract.--
(1) In general.--Except as provided in paragraph (2), the
following penalties shall apply:
(A) Progressive reductions in assistance for 1st and 2nd
acts of non-compliance.--The State plan shall provide that
the amount of assistance otherwise payable under this part to
a family that includes a client who, with respect to a
parental responsibility contract signed by the client,
commits an act of noncompliance without good cause, shall be
reduced by--
(i) 33 percent for the 1st such act of noncompliance; or
(ii) 66 percent for the 2nd such act of noncompliance.
(B) Denial of assistance for 3rd and subsequent acts of
noncompliance.--The State shall provide that in the case of
the 3rd or subsequent such act of noncompliance, the family
of which the client is a member shall not thereafter be
eligible for assistance under this part.
(C) Length of penalties.--The penalty for an act of
noncompliance shall not exceed the greater of--
(i) in the case of--
(I) the 1st act of noncompliance, 1 month,
(II) the 2nd act of noncompliance, 3 months, or
(III) the 3rd or subsequent act of noncompliance, 6 months;
or
(ii) the period ending with the cessation of such act of
noncompliance.
(D) Denial of assistance to adults refusing to accept a
bona fide offer of employment.--The State plan shall provide
that if an unemployed individual who has attained 18 years of
age refuses to accept a bona fide offer of employment without
good cause, such act of noncompliance shall be considered a
3rd or subsequent act of noncompliance.
(2) State flexibility.--The State plan may provide for
different penalties than those specified in paragraph (1).
SEC. 114. AMENDMENT TO GOALS 2000: EDUCATE AMERICA ACT.
Section 102 of the Goals 2000: Educate America Act (20
U.S.C. 5812) is amended by adding at the end the following
new paragraph:
``(9) Self-sufficiency.--By the year 2000, fewer Americans
will need to rely on welfare benefits because--
``(A) schools will place greater emphasis on equipping all
students to achieve economic self-sufficiency in adulthood,
regardless of whether they pursue higher education;
``(B) schools will not compromise educational standards in
order to graduate students who have not achieved the
recognized educational competency levels applicable to high
school graduates; and
``(C) schools will focus more attention and resources on
ensuring that children from families who receive public
assistance, or are at risk of needing public assistance, make
expected scholastic progress throughout their elementary and
secondary schooling or are provided with special assistance
and directed to remedial programs and activities designed to
return them to expected levels of progress.''
amendment no. 2664
(Purpose: To require applicants for assistance who are parents to enter
into a Parental Responsibility Contract and perform satisfactorily
under its terms as a condition of receipt of that assistance)
On page 122, between lines 11 and 12, insert:
SEC. 110. PARENTAL RESPONSIBILITY CONTRACTS.
(a) Assessment.--Notwithstanding any other provision of, or
amendment made by, this title, each State to which a grant is
made under section 403 of the Social Security Act shall
provide that the State agency, through a case manager, shall
make an initial assessment of the education level, parenting
skills, and history of parenting activities and involvement
of each parent who is applying for financial assistance under
the plan.
(b) Parental Responsibility Contracts.--On the basis of the
assessment made under subsection (a) with respect to each
parent applicant, the case manager, in consultation with the
parent applicant (hereafter in this subsection referred to as
the ``client''), and, if possible, the client's spouse if one
is present, shall develop a parental responsibility contract
for the client, which meets the following requirements:
(1) Sets forth the obligations of the client, including all
of the following the case manager believes are within the
ability and capacity of the client, are not incompatible with
the employment or school activities of the client, and are
not inconsistent with each other in the client's case or with
the well being of the client's children:
(A) Attend school, if necessary, and maintain certain
grades and attendance.
(B) Keep school-age children of the client in school.
(C) Immunize children of the client.
(D) Attend parenting and money management classes.
(E) Participate in parent and teachers associations and
other activities intended to involve parents in their
children's school activities and in the affairs of their
children's school.
(F) Attend school activities with their children where
attendance or participation by both children and parents is
appropriate.
(G) Undergo appropriate substance abuse treatment
counseling.
(H) Any other appropriate activity, at the option of the
State.
(2) Provides that the client shall accept any bona fide
offer of unsubsidized full-time employment, unless the client
has good cause for not doing so.
(c) Penalties for Noncompliance With Parental
Responsibility Contract.--
(1) In general.--Except as provided in paragraph (2), the
following penalties shall apply:
(A) Progressive reductions in assistance for 1st and 2nd
acts of non-compliance.--The State plan shall provide that
the amount of assistance otherwise payable under this part to
a family that includes a client who, with respect to a
parental responsibility contract signed by the client,
commits an act of noncompliance without good cause, shall be
reduced by--
(i) 33 percent for the 1st such act of noncompliance; or
(ii) 66 percent for the 2nd such act of noncompliance.
(B) Denial of assistance for 3rd and subsequent acts of
noncompliance.--The State shall provide that in the case of
the 3rd or subsequent such act of noncompliance, the family
of which the client is a member shall not thereafter be
eligible for assistance under this part.
(C) Length of penalties.--The penalty for an act of
noncompliance shall not exceed the greater of--
[[Page S 12956]]
(i) in the case of--
(I) the 1st act of noncompliance, 1 month,
(II) the 2nd act of noncompliance, 3 months, or
(III) the 3rd or subsequent act of noncompliance, 6 months;
or
(ii) the period ending with the cessation of such act of
noncompliance.
(D) Denial of assistance to adults refusing to accept a
bona fide offer of employment.--The State plan shall provide
that if an unemployed individual who has attained 18 years of
age refuses to accept a bona fide offer of employment without
good cause, such act of noncompliance shall be considered a
3rd or subsequent act of noncompliance.
(2) State flexibility.--The State plan may provide for
different penalties than those specified in paragraph (1).
amendment no. 2665
(Purpose: To reduce the income tax rate for individuals to equal the
estimated cost of certain repealed programs)
Beginning on page 10, line 10, strike all through page 77,
line 21, and insert the following:
(b) Reduction in Individual Tax Rates.--Section 1 of the
Internal Revenue Code of 1986 (relating to tax imposed) is
amended by adding at the end the following new subsection:
``(i) Adjustments in Tax Tables To Reflect Repeal of
Certain Programs.--
``(1) In general.--Not later than December 15 of 1995, and
each subsequent calendar year, the Secretary shall prescribe
tables which shall apply in lieu of the tables contained in
subsections (a), (b), (c), (d), and (e) (after the
application of subsection (f)) with respect to taxable years
beginning in the succeeding calendar year.
``(2) Method of prescribing tables.--The tables under
paragraph (1) shall be prescribed by reducing the rates of
tax proportionately such that the resulting loss of revenue
for such calendar year equals the estimated total
expenditures for the fiscal year in which such calendar year
begins for part A of title IV of the Social Security Act as
proposed to be added by Senate amendment numbered 2280 (as in
effect on September 8, 1995).
Beginning on page 83, line 16, strike through page 86, line
3.
Beginning on page 87, line 6, strike through page 120, line
8.
Beginning on page 122, line 12, strike through page 124,
line 12.
amendment no. 2666
(Purpose: To make the Workforce Development System more responsive to
changing local labor markets)
In section 702(a)(8), strike ``private sector leadership in
designing'' and insert ``private sector leadership and the
diverse and changing demands of employers and workers in
designing''.
In section 702(b)(1), insert before the semicolon the
following: ``and to respond more effectively to changing
local labor markets''.
In section 703(29), insert before the period the following:
``and designed to ensure that local labor and education and
training markets are responsive to the diverse and changing
demands of employers and workers''.
In section 716(a)(2)(B)(viii), strike ``; and'' and insert
a semicolon.
In section 716(a)(2)(B)(ix), strike the period and insert
``; and''.
At the end of section 716(a)(2)(B), add the following:
(x) establishment of such system of individual skill grants
as will enable dislocated workers who are unable to find new
jobs through the core services described in clauses (i)
through (ix), and who are unable to obtain other grant
assistance (such as a Pell Grant), to learn new skills to
find new jobs.
In section 716(a)(9), strike ``provided under this
subtitle'' and insert ``provided under this subtitle for
persons age 18 or older who are unable to obtain other
assistance (such as a Pell Grant)''.
At the end of section 731(b), add the following new
paragraph:
(3) Responsiveness to market demand.--Each statewide system
supported by an allotment under section 712 shall be designed
to meet the goal of ensuring that the local labor and
education and training markets in the State are responsive to
the diverse and changing demands of employers and workers.
At the end of section 731(c), add the following:
(8) Responsiveness to market demand.--To be eligible to
receive an allotment under section 712, a State shall
develop, in accordance with paragraph (5), and identify in
the State plan of the State, proposed quantifiable benchmarks
to measure the statewide progress of the State in meeting the
goal described in subsection (b)(3).
In section 732(a)(1)(A), strike ``; or'' and insert a
semicolon.
In section 732(a)(1)(B), strike the period and insert ``;
or''.
At the end of section 732(a)(1), add the following:
(C) demonstrates to the Federal Partnership that the State
has made a substantial increase in the number of dislocated
workers placed in unsubsidized employment, the reemployment
wage rates of the workers, or the speed of reemployment of
the workers through the use of training vouchers or other
continually improving systems that respond effectively to the
diverse and changing demands of local employers and workers.
(The text of the amendment No. 2667, is printed in today's Record
under ``Amendments Submitted''.)
amendment no. 2668
(Purpose: To eliminate a repeal of title V of the Older Americans Act
of 1965)
On page 520, strike lines 17 through 19 and insert the
following:
(7) Title VII of the Stewart B. McKinney
(The text of the amendment No. 2669, is printed in today's Record
under ``Amendments Submitted''.)
amendment no. 2670
(Purpose: To allow a State to revoke an election to participate in the
optional State food assistance block grant)
On page 229, strike lines 4 through 8 and insert the
following:
``(2) Election revocable.--A State that elects to
participate in the program established under subsection (a)
may subsequently reverse its election only once thereafter.
Following such reversal, the State shall only be eligible to
participate in the food stamp program in accordance with the
other sections of this Act and shall not receive a block
grant under this section.
amendment no. 2671
(Purpose: To provide a 3 percent set aside for the funding of family
assistance grants for Indians)
On page 26, before line 1, insert the following:
``(6) Loans to indian tribes.--For purposes of this
subsection, an Indian tribe with a tribal family assistance
plan approved under section 414 shall be treated as a State,
except that--
``(A) the Secretary may extend the time limitation under
paragraph (4)(A);
``(B) the Secretary may waive the interest requirement
under subparagraph (4)(B);
``(C) paragraph (4)(C) shall be applied by substituting
`tribal family assistance grant under section 414' for `State
family assistance grant under subsection (a)(2)'; and
``(D) paragraph (5) shall be applied without regard to
subparagraph (B).
On page 26, strike lines 11 through 16, and insert the
following:
``(2) Eligible indian tribe.--For purposes of paragraph
(1), the term `eligible Indian tribe' means an Indian tribe
or Alaska Native organization that--
``(A) conducted a job opportunities and basic skills
training program in fiscal year 1995 under section 482(i) (as
in effect during such fiscal year); and
``(B) is not receiving a tribal family assistance grant
under section 414.
Beginning on page 63, line 14, strike all through page 68,
line 21, and insert the following:
``(a) In General.--
``(1) Application.--
``(A) In general.--An Indian tribe may apply at any time to
the Secretary (in such manner as the Secretary prescribes) to
receive a family assistance grant.
``(B) 3-Year tribal family assistance plan.--
``(i) In general.--As part of the application under
subparagraph (A), the Indian tribe shall submit to the
Secretary a 3-year tribal family assistance plan that--
``(I) outlines the Indian tribe's approach to providing
welfare-related services for the 3-year period, consistent
with the purposes of this section;
``(II) specifies whether the welfare-related services
provided under the plan will be provided by the Indian tribe
or through agreements, contracts, or compacts with
intertribal consortia, States, or other entities;
``(III) identifies the population and service area or areas
to be served by such plan;
``(IV) provides that a family receiving assistance under
the plan may not receive duplicative assistance from other
State or tribal programs funded under this part;
``(V) identifies the employment opportunities in or near
the service area or areas of the Indian tribe and the manner
in which the Indian tribe will cooperate and participate in
enhancing such opportunities for recipients of assistance
under the plan consistent with any applicable State
standards; and
``(VI) applies the fiscal accountability provisions of
section 5(f)(1) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450c(f)(1)), relating to
the submission of a single-agency audit report required by
chapter 75 of title 31, United States Code.
Nothing in this clause shall preclude an Indian tribe from
entering into an agreement with a State under the tribal
family assistance plan for providing services to individuals
residing outside the tribe's jurisdiction
or for providing services to non-tribal members residing
within the tribe's jurisdiction. Any such agreement shall
include an appropriate transfer of funds from the State to
the tribe.
``(ii) Approval.--The Secretary shall approve each tribal
family assistance plan submitted in accordance with clause
(i).
``(2) Participation.--If a tribe chooses to apply and the
application is approved, such tribe shall be entitled to a
direct payment in the amount determined in accordance with
the provisions of subsection (b) for each fiscal year
beginning after such approval.
``(3) No participation.--If a tribe chooses not to apply,
the amount that would otherwise be available to such tribe
for the fiscal year shall be payable to the State in which
[[Page S 12957]]
that tribe is located. Such State shall provide equitable access to
services by recipients within that tribe's jurisdiction.
``(4) No match required.--Indian tribes shall not be
required to submit a monetary match to receive a payment
under this section.
``(5) Joint programs.--An Indian tribe may also apply to
the Secretary jointly with 1 or more such tribes to
administer family assistance services as a consortium. The
Secretary shall establish such terms and conditions for such
consortium as are necessary.
``(b) Payment Amount.--
``(1) In general.--From an amount equal to 3 percent of the
amount specified under section 403(a)(4) for a fiscal year,
the Secretary shall pay directly to each Indian tribe
requesting a family assistance grant for such fiscal year an
amount pursuant to an allocation formula determined by the
Secretary based on the need for services and utilizing (if
possible) data that is common to all Indian tribes.
``(2) Authority to reserve certain amounts for
assistance.--An Indian tribe may reserve amounts paid to the
Indian tribe under this part for any fiscal year for the
purpose of providing, without fiscal year limitation,
assistance under the program operated under this part.
``(c) Voluntary Termination.--An Indian tribe may
voluntarily terminate receipt of a family assistance grant.
The Indian tribe shall give the State and the Secretary
notice of such decision 6 months prior to the date of
termination. The amount under subsection (b) with respect to
such grant for the fiscal year shall be payable to the State
in which that tribe is located. Such State shall provide
equitable access to services by recipients residing within
that tribe's jurisdiction. If a voluntary termination of a
grant occurs under this subsection, the tribe shall not be
eligible to submit an application under this section before
the 6th year following such termination.
``(d) Minimum Work Participation Requirements and Time
Limits.--The Secretary, with the participation of Indian
tribes, shall establish for each Indian tribe receiving a
grant under this section minimum work participation
requirements, appropriate time limits for receipt of welfare-
related services under such grant, and penalties against
individuals--
``(1) consistent with the purposes of this section;
``(2) consistent with the economic conditions and resources
available to each tribe; and
``(3) similar to comparable provisions in section 404(d).
``(e) Emergency Assistance.--Nothing in this section shall
preclude an Indian tribe from seeking emergency assistance
from any Federal loan program or emergency fund.
``(f) Maintenance of Effort Assistance.--Nothing in this
section shall preclude a State from providing maintenance of
effort funds to Indian tribes located in such State.
``(g) Accountability.--Nothing in this section shall be
construed to limit the ability of the Secretary to maintain
program funding accountability consistent with--
``(1) generally accepted accounting principles; and
``(2) the requirements of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450 et seq.).
``(h) Tribal Penalties.--For the purpose of ensuring the
proper use of family assistance grants, the following
provisions shall apply to an Indian tribe with an approved
tribal assistance plan:
``(1) The provisions of subsections (a)(1), (a)(6), and (b)
of section 407, in the same manner as such subsections apply
to a State.
``(2) The provisions of section 407(a)(3), except that such
subsection shall be applied by substituting `the minimum
requirements established under subsection (d) of section 414'
for `the minimum participation rates specified in section
404'.
``(i) Data Collection and Reporting.--For the purpose of
ensuring uniformity in data collection, section 409 shall
apply to an Indian tribe with an approved family assistance
plan.
``(j) Information Sharing.--Each State and the Indian
tribes located within its jurisdiction may share (in a manner
that ensures confidentiality) eligibility and other
information on residents in such State that would be helpful
for determining eligibility for other Federal and State
assistance programs.
On page 101, between lines 20 and 21, insert the following:
(j) Amendment to Title XIX.--Section 1903(u)(1)(D) (42
U.S.C. 1396b(u)(1)(D)) is amended by adding at the end the
following new clause:
``(vi) In determining the amount of erroneous excess
payments, there shall not be included any erroneous payments
made by the State to the benefit of members of Indian
families based on correctly processed information received or
information not timely received from a tribe with a tribal
family assistance plan approved under part A of title IV of
the Social Security Act.''.
On page 108, between lines 20 and 21, insert the following:
(i) Section 16(c)(3) of the Food Stamp Act (7 U.S.C.
2025(c)(3)) is amended by adding at the end the following new
subparagraph:
``(C) Any errors resulting from State payments to Indian
families based on correctly processed information received or
information not timely received from a tribe with a tribal
family assistance plan approved under part A of title IV of
the Social Security Act.''.
amendment no. 2672
(Purpose: To provide for a contingency grant fund)
Beginning on page 26, line 13, strike all through page 28,
line 19, and insert the following:
``(d) Contingency Fund.--
``(1) Establishment.--There is hereby established in the
Treasury of the United States a fund which shall be known as
the `Contingency Fund for State Welfare Programs' (hereafter
in this section referred to as the `Fund').
``(2) Deposits into fund.--Out of any money in the Treasury
of the United States not otherwise appropriated, there are
hereby appropriated for fiscal years 1996, 1997, 1998, 1999,
2000, 2001, and 2002 such sums as are necessary for payment
to the Fund in a total amount not to exceed $5,000,000,000,
of which not more than $4,000,000,000 shall be available
during the first 5 fiscal years.
``(3) Computation of grant.--
``(A) In general.--Subject to subparagraph (B), the
Secretary of the Treasury shall pay to each eligible State in
a fiscal year an amount equal to the Federal medical
assistance percentage for such State for such fiscal year (as
defined in section 1905(b)) of so much of the expenditures by
the State in such year under the State program funded under
this part as exceed the historic State expenditures for such
State.
``(B) Limitation.--The total amount paid to a State under
subparagraph (A) for any fiscal year shall not exceed an
amount equal to 20 percent of the annual amount determined
for such State under the State program funded under this part
(without regard to this subsection) for such fiscal year.
``(C) Method of computation, payment, and reconciliation.--
``(i) Method of computation.--The method of computing and
paying such amounts shall be as follows:
``(I) The Secretary of Health and Human Services shall
estimate the amount to be paid to the State for each quarter
under the provisions of subparagraph (A), such estimate to be
based on a report filed by the State containing its estimate
of the total sum to be expended in such quarter and such
other information as the Secretary may find necessary.
``(II) The Secretary of Health and Human Services shall
then certify to the Secretary of the Treasury the amount so
estimated by the Secretary of Health and Human Services.
``(ii) Method of payment.--The Secretary of the Treasury
shall thereupon, through the Fiscal Service of the Department
of the Treasury and prior to audit or settlement by the
General Accounting Office, pay to the State, at the time or
times fixed by the Secretary of Health and Human Services,
the amount so certified.
``(iii) Method of reconciliation.--If at the end of each
fiscal year, the Secretary of Health and Human Services finds
that a State which received amounts from the Fund in such
fiscal year did not meet the maintenance of effort
requirement under paragraph (5)(B) for such fiscal year, the
Secretary shall reduce the State family assistance grant for
such State for the succeeding fiscal year by such amounts.
``(4) Use of grant.--
``(A) In general.--An eligible State may use the grant--
``(i) in any manner that is reasonably calculated to
accomplish the purpose of this part; or
``(ii) in any manner that such State used amounts received
under part A or F of this title, as such parts were in effect
before October 1, 1995.
``(B) Refund of unused portion.--Any amount of a grant
under this subsection not used during the fiscal year shall
be returned to the Fund.
``(5) Eligible state.--
``(A) In general.--For purposes of this subsection, a State
is an eligible State with respect to a fiscal year, if such
State--
``(i) has an average total unemployment rate or a children
population in such State's food stamp program which exceeds
such average total rate or population for fiscal year 1994;
and
``(ii) has met the maintenance of effort requirement under
subparagraph (B) for the State program funded under this part
for the fiscal year.
``(B) Maintenance of effort.--
``(i) In general.--The maintenance of effort requirement
for any State under this subparagraph for any fiscal year is
the expenditure of an amount at least equal to 100 percent of
the level of spending in fiscal year 1994.
``(ii) Historic state expenditures.--For purposes of this
subparagraph, the term `historic State expenditures' means
payments of cash assistance to recipients of aid to families
with dependent children under the State plan under part A of
title IV for fiscal year 1994, as in effect during such
fiscal year.
``(iii) Determining state expenditures.--For purposes of
this subparagraph, State expenditures shall not include any
expenditures from amounts made available by the Federal
Government.
``(6) Annual reports.--The Secretary of the Treasury shall
annually report to the Congress on the status of the Fund.
Mr. MOYNIHAN. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
[[Page S 12958]]
Mr. SANTORUM. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Amendments Nos. 2674 and 2675 to Amendment No. 2880
Mr. SANTORUM. Mr. President, I send two amendments to the desk and
ask for their immediate consideration on behalf of the Senator from
Kentucky [Mr. McConnell].
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:
The Senator from Pennsylvania [Mr. Santorum, for Mr.
McConnell, proposes amendments numbered 2674 and 2675, to
amendment No. 2280.
Mr. SANTORUM. Mr. President, I ask unanimous consent that reading of
the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendments are as follows:
amendment no. 2674
(Purpose: To timely rapid implementation of provisions relating to the
child and adult care food program)
On page 270, after line 23, insert the following:
(3) Regulations.--
(A) Interim regulations.--Not later than February 1, 1996,
the Secretary shall issue interim regulations to implement--
(i) the amendments made by paragraphs (1), (3), and (4) of
subsection (b); and
(ii) section 17(f)(3)(C) of the National School Lunch Act
(42 U.S.C. 1766(f)(3)(C)).
(B) Final regulations.--Not later than August 1, 1996, the
Secretary shall issue final regulations to implement the
provisions of law referred to in subparagraph (A).
amendment no. 2675
(Purpose: To clarify the school data provision of the child and adult
care food program)
On page 268, strike lines 4 through 17 and insert the
following:
``(I) In general.--A State agency administering the school
lunch program under this Act or the school breakfast program
under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et
seq.) shall provide to approved family or group day care home
sponsoring organizations a list of schools serving elementary
school children in the State in which not less than \1/2\ of
the children enrolled are certified to receive free or
reduced price meals. The State agency shall collect the data
necessary to create the list annually and provide the list on
a timely basis to any approved family or group day care home
sponsoring organization that requests the list.
Mr. SANTORUM. Mr. President, I ask unanimous consent that the
amendments be laid aside.
The PRESIDING OFFICER. Without objection, it is so ordered.
Amendment No. 2676 to Amendment No. 2280
(Purpose: To strike the increase to the grant to reward States that
reduce out-of-wedlock births)
Mr. SANTORUM. Mr. President, I send an amendment to the desk on
behalf of the Senator from Oregon [Mr. Packwood] and ask for its
immediate consideration.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:
The Senator from Pennsylvania [Mr. Santorum], for Mr. Packwood,
proposes an amendment numbered 2676 to amendment No. 2880.
Mr. SANTORUM. I ask unanimous consent reading of the amendment be
dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
On page 11, strike lines 5 through 22.
On page 11, line 23, insert the following:
(B) Nondiscrimination against employees administering or
providing services.--
(i) Prohibition.--A religious organization with a contract
described in subsection (a)(1)(A) shall not discriminate in
employment on the basis of religion of an employee or
prospective employee if such employee's primary
responsibility is or would be administering or providing
services under such contract.
(ii) Qualified applicants.--If 2 or more prospective
employees are qualified for a position administering or
providing services under a contract described in subsection
(a)(1)(A), nothing in this section shall prohibit a religious
organization from employing a prospective employee who is
already participating on a regular basis in other activities
of the organization.
(C) Present employees.--This paragraph shall not apply to
employees of religious organizations with a contract
described in subsection (a)(1)(A) if such employees are
employed by such organization on the date of the enactment of
this Act.
Mr. SANTORUM. Mr. President, I ask unanimous consent that amendment
be set aside.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. MOYNIHAN. Mr. President, can we get a rough tally? I understand
we are approaching 200, as the hour of 5 o'clock nears.
The PRESIDING OFFICER. The clerk has not yet added them up, I would
say to the Senator.
Mr. MOYNIHAN. Perhaps when that does come we can have it recorded in
our record for the day. I would appreciate that, sir.
Stop the clock, Mr. President.
Amendment No. 2677 to Amendment No. 2280
(Purpose: To provide for an extension of transitional medicaid
benefits)
Mr. MOYNIHAN. Mr. President, I send an amendment to the desk for Mr.
Kennedy and ask for its immediate consideration.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:
The Senator from New York [Mr. Moynihan], for Mr. Kennedy,
proposes an amendment numbered 2677 to amendment No. 2280
Mr. MOYNIHAN. Mr. President, I ask unanimous consent that reading of
the amendment be dispensed with and the pending amendment be laid
aside.
The PRESIDING OFFICER. Without objection, it is so ordered.
(The text of the amendment is printed in today's Record under
``Amendments Submitted.'')
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