[Congressional Record Volume 142, Number 57 (Tuesday, April 30, 1996)]
[Senate]
[Pages S4396-S4399]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      IMMIGRATION CONTROL AND FINANCIAL RESPONSIBILITY ACT OF 1996

  The Senate continued with the consideration of the bill.
  Mr. SIMON. Mr. President, I ask unanimous consent that the present 
amendment be set aside so that I may offer an amendment.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.


                Amendment No. 3809 to Amendment No. 3743

          (Purpose: To adjust the definition of public charge)

  Mr. SIMON. Mr. President, I send an amendment to the desk.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Illinois [Mr. Simon] proposes an amendment 
     numbered 3809 to amendment No. 3743.

  Mr. SIMON. Mr. President, I ask unanimous consent that reading of the 
amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       In Section 202(a), at page 190, strike line 16 and all that 
     follows through line 25 and insert the following:
       ``(v) Any State general cash assistance program.
       ``(vi) Financial assistance as defined in section 214(b) of 
     the Housing and Community Development Act of 1980.''.

  Mr. SIMON. Mr. President, my amendment conforms the Senate amendment 
to a similar provision in the House amendment in terms of being 
eligible for deportation if you are here illegally and you use Federal 
programs of assistance.
  Under the Senate bill, an immigrant receiving public assistance for 
12 months within his first year in the United States may be deported as 
a public charge. That would include, for example, higher education 
assistance. The Presiding Officer, the Senator from Indiana, is on the 
Labor and Human Resources Committee. If a legal resident came in and 
got job training, under this amendment, unless we conform it to the 
House amendment, that would make you subject to deportation. If one of 
your children got into Head Start, that would do it.
  My amendment would make this bill precisely like the House bill and 
limit the assistance to the basis for deportation to AFDC, SSI, and, 
frankly, SSI is the program that is being abused. As to the other 
welfare programs, legal immigrants to our country use these programs 
less than native-born Americans. But my amendment would limit the AFDC, 
SSI, food stamps, Medicaid, housing, and State cash assistance.
  I think it makes sense. I cannot imagine any reason for opposition. 
But I see my friend from Wyoming is not on the floor right now. I am 
not sure what his disposition may be on this amendment. But I would be 
happy to answer any questions that my colleagues have.
  Mr. President, if no one else seeks the floor, I ask to set aside my 
amendment so that I may offer a second amendment.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.


                Amendment No. 3810 to Amendment No. 3743

   (Purpose: To exempt from deeming requirements immigrants who are 
               disabled after entering the United States)

  Mr. SIMON. Mr. President, I send an amendment to the desk.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Illinois [Mr. Simon] proposes an amendment 
     numbered 3810 to amendment No. 3743.

  Mr. SIMON. Mr. President, I ask unanimous consent that reading of the 
amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       In section 204, at page 201, after line 4, insert the 
     following subparagraph (4):
       (4) Aliens disabled after entry.--The requirements of 
     subsection (a) shall not apply with respect to any alien who 
     has been lawfully admitted to the United States for permanent 
     residence, and who since the date of such lawful admission, 
     has become blind or disabled, as those terms are defined in 
     the Social Security Act, 42 U.S.C. 1382j(f).

  Mr. SIMON. Mr. President, I see my colleague from California, who has 
greater concern in these areas than any other, for obvious reasons, 
because of the huge impact on California.
  The PRESIDING OFFICER. If the Chair could interrupt the Senator for a 
moment, the allocated time under the previous unanimous-consent 
agreement has expired on the Democrat side of the aisle. Time could be 
yielded from the Republican side of the aisle for the Senator from 
Illinois to continue.
  Mr. SIMON. Mr. President, I confess some lack of understanding of 
precisely where we are in terms of the parliamentary situation.
  The PRESIDING OFFICER. The Senate is operating under a unanimous-
consent agreement which provided time equally between the two sides to 
expire at 2:45. The time allocated to the Democrat side of the aisle 
has been utilized.
  Mr. LOTT addressed the Chair.
  The PRESIDING OFFICER. The Senator from Mississippi.
  Mr. LOTT. I will be happy on behalf of our side to yield 2 minutes to 
the Senator from Illinois if that will be helpful.
  Mr. SIMON. I thank the Senator from Mississippi.
  The PRESIDING OFFICER. The Senator from Illinois is recognized for 2 
minutes.
  Mr. SIMON. My second amendment simply says--and I will just read it:

       The requirements of subsection (a)--

  That is deportation.--

       Shall not apply with respect to any alien who has been 
     lawfully admitted to the United States for permanent 
     residence and who since the date of such lawful admission has 
     become blind or disabled, as those terms are defined in the 
     Social Security Act.


[[Page S4397]]


  This amendment, I would add, is supported by State and local 
governments.
  I think there is consensus that while you may want to deport people 
who are taking advantage of welfare generally, someone who has become 
totally disabled is in a very different kind of situation.
  This exempts them from deeming, not deportation.
  Again, our colleague from Wyoming is not here, so I would ask 
unanimous consent that it also be set aside while we proceed to vote on 
the other amendments.
  The PRESIDING OFFICER. Is there objection? Without objection, it is 
so ordered. The amendment is set aside. The Senator from Massachusetts.

  Mr. KENNEDY. Mr. President, are we under a time limitation now prior 
to 2:45 or can we use our own time?
  The PRESIDING OFFICER. There are 2\1/2\ minutes remaining under the 
previous time agreement controlled by the majority.
  Mr. DODD addressed the Chair.
  The PRESIDING OFFICER. The Senator from Connecticut.


                           Amendment No. 3760

  Mr. DODD. Mr. President, I wonder if I might speak in opposition to 
the Graham amendment for 1 minute while we are waiting.
  The PRESIDING OFFICER. Is there objection? The Senator is recognized 
to speak for 1 minute.
  Mr. DODD. Mr. President, I thank my colleagues.
  I just did not realize the language of this amendment was coming up. 
I say to my colleagues here--and I suspect this may carry fairly 
overwhelmingly--I hope people understand this applies to illegal 
aliens, not legal aliens. So you illegally arrive anywhere in the 
United States from Cuba. You are given a status we do not give anywhere 
else in the world. You arrive from the People's Republic of China. You 
do not get this status. You arrive from North Korea. You do not get 
this status. You arrive from Vietnam, still a Communist country. You do 
not get this status.
  So here we are taking one fact situation, no matter how meritorious 
people may argue, and applying a totally different standard here for 
one group of people and not to others. If you come to this country from 
the People's Republic of China, you have lived under an oppressive 
government, and we are making a case here that if you come out of Cuba, 
even as an illegal, that you get automatic status here. Why do we not 
apply that to billions of other people who live under oppressive 
regimes?
  I would say as well, in 30 additional seconds, if I may, Mr. 
President.
  The PRESIDING OFFICER. Is there objection? Without objection, it is 
so ordered.
  Mr. DODD. Mr. President, I would say to my colleagues, the people of 
Florida, too, I might point out, have their economic pressures as well. 
Frankly, having people just show up and all of a sudden given legal 
status automatically by arriving, I think is creating incredible 
pressures there. And if we are going to do it there, then I would 
suggest we go to another place.
  I urge that this amendment be rejected, come back with an amendment 
that covers people who come from all Communist governments, not just 
this one. If we are truly committed to that, then people all over this 
globe who live under that kind of system ought to be given the same 
status.

  The PRESIDING OFFICER. The time of the Senator has expired.
  Under the previous order, the vote occurs on amendment No. 3760, 
offered by the Senator from Florida [Mr. Graham]. The vote occurs on 
the conditional repeal of the Cuban Adjustment Act, on a democratically 
elected government in Cuba being in power. The yeas and nays have been 
ordered.
  Mr. GRAHAM. Mr. President, under the unanimous consent, was there not 
an opportunity for a minute to present the amendment prior to the vote?
  The PRESIDING OFFICER. It was the understanding of the Chair that 
that time was subsumed within the additional 30 minutes allocated for 
debate. Without a unanimous-consent request and agreement----
  Mr. GRAHAM. I would ask unanimous consent for 1 minute on the 
amendment prior to the vote.
  Mr. SIMPSON. Mr. President, I think it would be appropriate to each 
take 1 minute, and I would like to do that.
  The PRESIDING OFFICER. Is there objection? Without objection, the 
time will be equally divided, 1 minute each, between the majority and 
minority.
  Mr. GRAHAM. Mr. President, I urge my colleagues to listen to this 
because there have been some myths and misstatements with regard to the 
Cuban Democracy Act. The Cuban Democracy Act, which has been the law of 
this land since November 2, 1966, explicitly states that it only 
applies to aliens who have been inspected and admitted or paroled into 
the United States. You do not get the benefit of the Cuban Adjustment 
Act unless you are here under one of those legal status conditions, 
have been here for a year, request the Attorney General to exercise her 
discretionary authority, and she elects to do so.
  That is what the current law is. That is the law which I believe 
should continue in effect until there is a certification that a 
democratic government is now in control of Cuba. The law was passed for 
both humanitarian and pragmatic reasons, to provide a means of 
expeditious adjustment of status of the thousands of persons who are 
coming from a Communist regime, not halfway around the world but 90 
miles off of our shore. The simple reason that was relevant in 1966 is 
applicable in 1996, and therefore the law should be retained until 
democracy returns to Cuba.
  The PRESIDING OFFICER. The time of the Senator has expired.
  The Senator from Wyoming.
  Mr. SIMPSON. Mr. President, it was never referred to as the Cuban 
Democracy Act. There is no such provision. It was passed to allow the 
adjustment of hundreds of thousands of Cubans fleeing Castro's 
communism. They were welcomed with open arms. We have done that. They 
were given parole. They needed a means to adjust.
  You can come here legally and violate your tourist visa, stay for a 
year, and you get a green card. You can come here on a boat illegally 
and after 1 year get a green card. We do not do that with anyone else 
in the world, and we are trying to discourage irregular patterns of 
immigration by Cubans. We expect them to apply at our interest section 
in Havana.
  We do not need it. It is a remnant of the past. We have provided for 
the Cubans. Please hear this. We have provided in this measure for the 
Cubans coming under the United States-Cuba Immigration Agreement that 
was entered into between President Clinton and the Cuban Government. We 
should repeal it. It discriminates in favor of Cubans to the detriment 
of all other nationalities.
  The PRESIDING OFFICER. Under the previous order, the question is on 
agreeing to the amendment, No. 3760, offered by Senator Graham of 
Florida. The yeas and nays have been ordered.
  The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. LOTT. I announce that the Senator from Tennessee [Mr. Thompson] 
is necessarily absent.
  The PRESIDING OFFICER (Mr. Frist). Are there any other Senators in 
the Chamber who desire to vote?
  The result was announced, yeas 62, nays 37, as follows:

                      [Rollcall Vote No. 91 Leg.]

                                YEAS--62

     Abraham
     Baucus
     Bennett
     Biden
     Bond
     Bradley
     Breaux
     Bryan
     Burns
     Cohen
     Conrad
     Coverdell
     Craig
     D'Amato
     DeWine
     Dole
     Domenici
     Dorgan
     Faircloth
     Ford
     Frist
     Glenn
     Gorton
     Graham
     Gramm
     Gregg
     Hatch
     Heflin
     Helms
     Hollings
     Hutchison
     Inhofe
     Kempthorne
     Kerrey
     Kerry
     Kohl
     Kyl
     Lautenberg
     Leahy
     Lieberman
     Lott
     Lugar
     Mack
     McCain
     McConnell
     Mikulski
     Murkowski
     Nickles
     Nunn
     Pressler
     Pryor
     Reid
     Robb
     Rockefeller
     Santorum
     Sarbanes
     Smith
     Snowe
     Specter
     Stevens
     Thomas
     Warner

                                NAYS--37

     Akaka
     Ashcroft
     Bingaman
     Boxer
     Brown
     Bumpers
     Byrd
     Campbell
     Chafee
     Coats
     Cochran
     Daschle
     Dodd
     Exon
     Feingold
     Feinstein
     Grams
     Grassley
     Harkin
     Hatfield
     Inouye
     Jeffords
     Johnston
     Kassebaum
     Kennedy
     Levin
     Moseley-Braun
     Moynihan
     Murray
     Pell
     Roth
     Shelby
     Simon
     Simpson
     Thurmond
     Wellstone
     Wyden
  


[[Page S4398]]

                             NOT VOTING--1

       
     Thompson
       
  So the amendment (No. 3760) was agreed to.
  Mr. SIMPSON. Mr. President, I move to reconsider the vote.
  Mr. KENNEDY. Mr. President, I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. SIMPSON addressed the Chair.
  The PRESIDING OFFICER. The Senator from Wyoming is recognized.
  Mr. SIMPSON. Mr. President, I believe under the previous order we now 
go to the next amendment with a 1 minute explanation on each side. Is 
that correct?
  The PRESIDING OFFICER. That is correct.
  Mr. GRAHAM addressed the Chair.
  The PRESIDING OFFICER. The Senator from Florida.


                           Amendment No. 3803

  Mr. GRAHAM. Mr. President, the second amendment relates to the issue 
of deeming, that is, counting the income of the sponsor to that of the 
alien. Under the current law there are three categories in which this 
is done: SSI, food stamps, and aid to families with dependent children. 
What is significant is that under the current law, each instance of 
deeming is specifically listed. Under the legislation that is before 
us, there is a vague standard which says, ``Any program which is in 
whole or in part funded with Federal funds shall be deemed.''
  There are literally hundreds, maybe thousands, of those types of 
programs. This amendment speaks to the principle, let us continue the 
policy of specifically listing all of those programs that we intend to 
be deemed. We have suggested 16 programs to be deemed. It is open for 
amendment if others wish to offer additional programs to be deemed. But 
let us not leave this matter open-ended and as obscure as it is in the 
legislation that is before us.
  Mr. SIMPSON. Mr. President, the question here is, who should pay for 
assistance to a new immigrant? Should the sponsor who brought the 
person in the United States and made the promise, the affidavit of 
support, or should the taxpayer? The bill before the Senate requires 
that all means tested--I am talking only about means-tested welfare 
programs--include the income of the sponsor, the person who promised 
their relative would never use public assistance, when determining 
whether a new arrival is eligible for assistance.
  That is as simple as it can be. The only exceptions are for soup 
kitchens, school lunch and WIC. That is it. This truth in application, 
that is it. The U.S. Government expects sponsors to keep their promises 
to care for their immigrant relatives.
  The Graham amendment would gut the provisions of this bill, would 
limit sponsored-alien deeming to only SSI, AFDC, food stamps, and 
public housing programs, that being almost unchanged from current law. 
It would exempt Medicaid, job training, legal services, a wide range of 
other multibillion-dollar noncash welfare programs from welfare 
provisions in the bill. I oppose the amendment.
  The PRESIDING OFFICER. The question is on agreeing to amendment No. 
3803. The yeas and nays have been ordered. The clerk will call the 
roll.
  The bill clerk called the roll.
  Mr. LOTT. I announce that the Senator from Tennessee [Mr. Thompson] 
is necessarily absent.
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 36, nays 63, as follows:

                      [Rollcall Vote No. 92 Leg.]

                                YEAS--36

     Akaka
     Bingaman
     Boxer
     Breaux
     Bumpers
     Byrd
     Chafee
     Conrad
     Daschle
     Dodd
     Dorgan
     Feinstein
     Ford
     Glenn
     Graham
     Heflin
     Hollings
     Inouye
     Kennedy
     Kerrey
     Kerry
     Lautenberg
     Leahy
     Lieberman
     Mikulski
     Moseley-Braun
     Moynihan
     Murray
     Pell
     Pryor
     Rockefeller
     Sarbanes
     Simon
     Specter
     Wellstone
     Wyden

                                NAYS--63

     Abraham
     Ashcroft
     Baucus
     Bennett
     Biden
     Bond
     Bradley
     Brown
     Bryan
     Burns
     Campbell
     Coats
     Cochran
     Cohen
     Coverdell
     Craig
     D'Amato
     DeWine
     Dole
     Domenici
     Exon
     Faircloth
     Feingold
     Frist
     Gorton
     Gramm
     Grams
     Grassley
     Gregg
     Harkin
     Hatch
     Hatfield
     Helms
     Hutchison
     Inhofe
     Jeffords
     Johnston
     Kassebaum
     Kempthorne
     Kohl
     Kyl
     Levin
     Lott
     Lugar
     Mack
     McCain
     McConnell
     Murkowski
     Nickles
     Nunn
     Pressler
     Reid
     Robb
     Roth
     Santorum
     Shelby
     Simpson
     Smith
     Snowe
     Stevens
     Thomas
     Thurmond
     Warner

                             NOT VOTING--1

       
     Thompson
       
  The amendment (No. 3803) was rejected.
  Mr. SIMPSON. Mr. President, I move to reconsider the vote.
  Mr. KENNEDY. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. SIMPSON. Mr. President, I ask unanimous consent that in 
accordance with the provisions of rule XXII the following Senators be 
considered as having yielded time under their control as follows: 
Senator Thurmond and Senator Cohen yield 60 minutes each to Senator 
Simpson; Senator Nickles and Senator Cochran yield 60 minutes each to 
Senator Dole; Senator Akaka and Senator Pell yield 60 minutes each to 
Senator Kennedy; Senator Ford and Senator Rockefeller yield 60 minutes 
each to Senator Daschle.
  The PRESIDING OFFICER. The Senators have that right.


                    Amendment No. 3871, as Modified

  Mr. SIMPSON. Mr. President, I ask unanimous consent to make a 
modification to correct a drafting error in amendment 3871. That 
amendment was offered and accepted by the Senate this morning. I ask 
unanimous consent to modify it as indicated in the copy I am sending to 
the desk. I have reviewed that with my colleague.
  The PRESIDING OFFICER. Is there objection? The Chair hears none, and 
it is so ordered.
  The amendment (No. 3871), as modified, is as follows:

       Section 204(a) is amended to read as follows:
       (a) Deeming Requirement for Federal and Federally Funded 
     Programs.--Subject to subsection (d), for purposes of 
     determining the eligibility of an alien for benefits, and the 
     amount of benefits, under any Federal program of assistance, 
     or any program of assistance funded in whole or in part by 
     the Federal Government, for which eligibility for benefits is 
     based on need, the income and resources described in 
     subsection (b) shall, notwithstanding any other provision of 
     law, except as provided in section 204(f), be deemed to be 
     the income and resources of such alien.


                           Order of Procedure

  Mr. SIMPSON. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of a resolution I now send to 
the desk on behalf of Senator D'Amato relative to the extradition of 
the murderer of Leon Klinghoffer.
  Mr. KENNEDY addressed the Chair.
  The PRESIDING OFFICER. The Senator from Massachusetts.
  Mr. KENNEDY. Mr. President, I do not want to and will not object, and 
hopefully we will move right to that. I wanted to ask, just for the 
sake of the Senate, if we could take a moment on what the schedule is.
  Mr. SIMPSON. Mr. President, I further ask unanimous consent that 
there be 10 minutes for debate to be equally divided in the usual form.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. SIMPSON. I further ask that the vote occur on adoption of the 
resolution immediately following the use or yielding back of time and 
that no amendments or motions be in order.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. SIMPSON. And before that procedure, let me just review matters. 
At the conclusion of this proceeding, Senator Kennedy will go to the 
amendments which were discussed this morning, the deeming-parity 
amendment, which are two en bloc, and the Kennedy Medicaid amendment. 
There will be two rollcall votes obviously. There will be the vote on 
the Klinghoffer matter apparently, and then we will go to further 
debate, if any, on the two Kennedy amendments. But those will be coming 
shortly, I would believe. I think that debate is pretty well concluded.
  Then we will go to the debate on the driver's license issue. This is 
not about verification. This is about driver's licenses. The language 
of the committee amendment and the amendment at the

[[Page S4399]]

desk is much different. In this amendment we have relieved the burdens 
of some national standard card; we have relieved the burdens of the 
unfunded mandate, and that debate will take place. I urge all who wish 
to engage in that to be prepared for that scenario. I yield to my 
friend and colleague.
  Mr. KENNEDY. Could I ask for the yeas and nays on amendments 3820 and 
3823.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The yeas and nays were ordered.
  Mr. KENNEDY. Mr. President, what I would like to do since, hopefully, 
those will be the two measures, is maybe just take 2 minutes now and 
explain them just briefly so that at the end we will vote on the 
D'Amato resolution and then hopefully vote on these two amendments.

  Do I need consent to be able to proceed for 3 minutes? Do I need 
consent for that now?
  Mr. SIMPSON. Mr. President, just a moment.
  Mr. KENNEDY. I withdraw my request.

                          ____________________