[Congressional Record Volume 142, Number 109 (Tuesday, July 23, 1996)]
[Senate]
[Pages S8493-S8501]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PERSONAL RESPONSIBILITY, WORK OPPORTUNITY, AND MEDICAID RESTRUCTURING
ACT OF 1996
The PRESIDING OFFICER (Mr. DeWine). The clerk will report the bill.
The assistant legislative clerk read as follows:
A bill (S. 1956) to provide for reconciliation pursuant to
section 202(a) of the concurrent resolution on the budget for
fiscal year 1997.
The Senate resumed consideration of the bill.
Pending:
Faircloth amendment No. 4905, to prohibit recruitment
activities in SSI outreach programs, demonstration projects,
and other administrative activities.
Harkin amendment No. 4916, to strike section 1253, relating
to child nutrition requirements.
D'Amato amendment No. 4927, to require welfare recipients
to participate in gainful community service.
Exon (for Simon) amendment No. 4928, to increase the number
of adults and to extend the period of time in which
educational training activities may be counted as work.
Feinstein/Boxer amendment No. 4929, to provide that the ban
on supplemental security income benefits apply to those
aliens entering the country on or after the enactment of this
bill.
Chafee amendment No. 4931, to maintain current eligibility
standards for Medicaid and provide additional State
flexibility.
Roth amendment No. 4932 (to amendment No. 4931), to
maintain the eligibility for Medicaid for any individual who
is receiving Medicaid based on their receipt of AFDC, foster
care or adoption assistance, and to provide transitional
Medicaid for families moving from welfare to work.
Chafee amendment No. 4933 (to amendment No. 4931), to
maintain current eligibility standards for Medicaid and
provide additional State flexibility.
Conrad amendment No. 4934, to eliminate the State food
assistance block grant.
Santorum (for Gramm) amendment No. 4935, to deny welfare
benefits to individuals convicted of illegal drug possession,
use or distribution.
Graham amendment No. 4936, to modify the formula for
determining a State family assistance grant to include the
number of children in poverty residing in a State.
Helms amendment No. 4930, to strengthen food stamp work
requirements.
Graham (for Simon) amendment No. 4938, to preserve
eligibility of immigrants for programs of student assistance
under the Public Health Service Act.
Shelby amendment No. 4939, to provide a refundable credit
for adoption expenses and to exclude from gross income
employee and military adoption assistance benefits and
withdrawals from IRA's for certain adoption expenses.
Ford amendment No. 4940, to allow States the option to
provide non-cash assistance to children after the 5-year time
limit, as provided in conference report number 104-430 to
H.R. 4, (Family Self-Sufficiency Act).
Ashcroft amendment No. 4941, to set a time limit of 24
consecutive months for TANF assistance and allows States to
sanction recipients if minors do not attend school.
Ashcroft amendment No. 4942 (to amendment No. 4941), to
provide that a family may not receive TANF assistance for
more than 24 consecutive months at a time unless an adult in
the family is working or a State exempts an adult in the
family from working for reasons of hardship.
Ashcroft amendment No. 4943 (to amendment No. 4941), to
provide that a State may sanction a family's TANF assistance
if the family includes an adult who fails to ensure that
their minor dependent children attend school.
Ashcroft amendment No. 4944 (to amendment No. 4941), to
provide that a State may sanction a family's TANF assistance
if the family includes an adult who does not have, or is not
working toward attaining a secondary school diploma or its
recognized equivalent.
Dorgan amendment No. 4948, to strike provisions relating to
the Indian child care set aside.
Ford (for Murray) amendment No. 4950, to strike section
1206, relating to the summer food service program for
children.
Graham amendment No. 4952, to strike additional penalties
for consecutive failure to satisfy minimum participation
rates.
Exon (for Kennedy) amendment No. 4955, to permit assistance
to be provided to needy or disabled legal immigrant children
when sponsors cannot provide reimbursement.
Exon (for Kennedy) amendment No. 4956, to allow a 2-year
implementation period under the Medicaid program for
implementation of the attribution of sponsor's income and the
5-year ban.
Mr. EXON. Mr. President, I hope that the Chair at this time will
advise the Senate of the procedures agreed to. As I understand the
procedures, we will have a series of 24 or more rollcall
[[Page S8494]]
votes. The first rollcall will be 15 minutes and then 10 minutes on all
thereafter, is that correct?
The PRESIDING OFFICER. The Senator has stated that correctly.
The able Senator from South Carolina is recognized for 1 minute.
Motion to Waive the Budget Act--Amendment No. 4905
Mr. FAIRCLOTH. Mr. President, this amendment's purpose is to send a
simple, clear message, which is that the taxpayers' money should not be
spent to increase the number of people on welfare.
Six years ago, Congress instructed the Social Security Administration
to increase participation in the SSI Program. Since then, the cost has
soared and the number of enrollees has more than tripled. Now it is
time to send a message that this effort should stop. Nothing is more
indicative of an out-of-control welfare system than this practice of
using taxpayers' dollars to increase the number of people on welfare.
I urge my colleagues to vote to waive the point of order and pass
this amendment.
I yield the floor.
Mr. EXON addressed the Chair.
The PRESIDING OFFICER. The Senator from Nebraska.
Mr. EXON. Mr. President, we oppose the amendment offered by the
Senator from North Carolina. What this amendment simply does is to say
that people who are on SSI, or who might qualify under SSI, under the
law, do not have the right to be informed about their options.
Certainly, we do not encourage soliciting people to join the SSI
Program. But the Faircloth amendment goes further than that, in our
opinion. Therefore, we think the basic right of information, the
people's right to know, a legitimate service to answer proper inquiries
should be kept in place. We think that the amendment offered by the
Senator from South Carolina goes far beyond what his supposed intent
is.
Therefore, we have raised a point of order and we hope the point of
order will be sustained.
The PRESIDING OFFICER. The question is on agreeing to the motion to
waive.
The yeas and nays have been ordered. The clerk will call the roll.
The assistant legislative clerk called the roll.
Mr. NICKLES. I announce that the Senator from Kansas [Mrs. Kassebaum]
is absent due to a death in the family.
Mr. FORD. I announce that the Senator from Hawaii [Mr. Inouye] is
necessarily absent.
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The yeas and nays resulted--yeas 41, nays 57, as follows:
[Rollcall Vote No. 212 Leg.]
YEAS--41
Abraham
Ashcroft
Brown
Burns
Byrd
Coats
Cochran
Coverdell
Craig
D'Amato
DeWine
Domenici
Faircloth
Frahm
Frist
Gorton
Gramm
Grams
Grassley
Gregg
Helms
Hutchison
Inhofe
Kempthorne
Kyl
Lott
Mack
McCain
McConnell
Murkowski
Nickles
Pressler
Roth
Santorum
Shelby
Simpson
Smith
Thomas
Thompson
Thurmond
Warner
NAYS--57
Akaka
Baucus
Bennett
Biden
Bingaman
Bond
Boxer
Bradley
Breaux
Bryan
Bumpers
Campbell
Chafee
Cohen
Conrad
Daschle
Dodd
Dorgan
Exon
Feingold
Feinstein
Ford
Glenn
Graham
Harkin
Hatch
Hatfield
Heflin
Hollings
Jeffords
Johnston
Kennedy
Kerrey
Kerry
Kohl
Lautenberg
Leahy
Levin
Lieberman
Lugar
Mikulski
Moseley-Braun
Moynihan
Murray
Nunn
Pell
Pryor
Reid
Robb
Rockefeller
Sarbanes
Simon
Snowe
Specter
Stevens
Wellstone
Wyden
NOT VOTING--2
Inouye
Kassebaum
The PRESIDING OFFICER. On this vote the yeas are 41, the nays are 57.
Three-fifths of the Senators duly chosen and sworn not having voted in
the affirmative, the motion is not agreed to and the amendment falls.
The Senator from Iowa.
Mr. WELLSTONE. Mr. President, will the Senator yield for 5 seconds?
Mr. DOMENICI addressed the Chair.
The PRESIDING OFFICER. The Senator from New Mexico.
Mr. DOMENICI. Will the Senator yield for just 30 seconds?
Mr. HARKIN. Yes.
Mr. DOMENICI. How much time did we use on the first amendment?
The PRESIDING OFFICER. One minute over.
Mr. DOMENICI. According to the unanimous-consent agreement, we are on
10 minutes now for the amendments, and let me just name the next four,
so Senators involved will know kind of where they are. Senator Harkin
is next on child nutrition, Senator D'Amato on work requirements,
Senator Simon on education work exemptions, and then Senator Feinstein
on immigration.
I thank you for yielding. I thank the Chair.
Mr. WELLSTONE. Mr. President, will the Senator yield for a 10-second
unanimous-consent request?
The PRESIDING OFFICER. The Senator from Minnesota.
Mr. WELLSTONE. I ask unanimous consent that Laureen Lazarovici, a
fellow in my office, have the privilege of the floor during
consideration of this vote.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. WELLSTONE. I thank the Chair.
The PRESIDING OFFICER. The Senator from Iowa is recognized for 1
minute.
Amendment No. 4916
Mr. HARKIN. Mr. President, this amendment would simply continue a
small program that provides assistance to help start and expand school
breakfast and summer food programs for low-income kids. This is
directly related to education. When these kids come in to school, they
can have breakfast in the morning; they can receive meals in the summer
when school is out--but only if there is a school breakfast or summer
food program locally. That is why the start-up and expansion grants are
so important.
Also, I want to say that this amendment does not prevent the
nutrition portion of this bill from meeting the 6-year budget
instruction. The Ag Committee's portion of the bill reduces spending by
$570 million more than its instruction. This program will spend only
$39 million for grants over 6 years, but it is a vitally important
program.
This amendment is supported by the American School Food Service
Association, the Food Research and Action Center, and the Children's
Defense Fund. I ask you not to cut a program that gets kids into school
and gets them learning. It is directly related to education, and we do
not have to cut other programs to continue this one because the Ag
Committee has more than enough money to pay for it.
The PRESIDING OFFICER. The Senator's time has expired.
The Senator from Indiana.
Mr. LUGAR. I rise in opposition to this amendment. It has been almost
universally opposed, first of all. The issue the Senator from Iowa
wishes to strike appears in President Clinton's most recent welfare
reform proposal. Likewise, the reform which we try to bring about in
this bill was in the minority leader's reconciliation bill. The reason
is that four out of every five low-income children attend school with a
breakfast program. The program has expanded very rapidly. It is not
clear that expansion funds would have a marginal effect. The amendment
that we are considering reduces savings by $112 million. This means, if
Senator Harkin's amendment is adopted, we will have to find the savings
probably in some other nutrition programs. I find that unacceptable.
Mr. President, I move to table the amendment and ask for the yeas and
nays.
The PRESIDING OFFICER (Mr. Coats). Is there a sufficient second?
There is a sufficient second on the motion to table.
The yeas and nays were ordered.
The PRESIDING OFFICER. The question is on agreeing to the motion. The
yeas and nays have been ordered. The clerk will call the roll.
The bill clerk called the roll.
Mr. NICKLES. I announce that the Senator from Kansas [Mrs. Kassebaum]
is absent due to a death in the family.
The result was announced--yeas 56, nays 43, as follows:
[[Page S8495]]
[Rollcall Vote No. 213 Leg.]
YEAS--56
Abraham
Ashcroft
Bennett
Biden
Bond
Breaux
Brown
Burns
Byrd
Campbell
Chafee
Coats
Cochran
Cohen
Coverdell
Craig
D'Amato
DeWine
Domenici
Faircloth
Frahm
Frist
Gorton
Gramm
Grams
Grassley
Gregg
Hatch
Hatfield
Helms
Hutchison
Inhofe
Jeffords
Kempthorne
Kyl
Lott
Lugar
Mack
McCain
McConnell
Murkowski
Nickles
Nunn
Pressler
Roth
Santorum
Shelby
Simpson
Smith
Snowe
Specter
Stevens
Thomas
Thompson
Thurmond
Warner
NAYS--43
Akaka
Baucus
Bingaman
Boxer
Bradley
Bryan
Bumpers
Conrad
Daschle
Dodd
Dorgan
Exon
Feingold
Feinstein
Ford
Glenn
Graham
Harkin
Heflin
Hollings
Inouye
Johnston
Kennedy
Kerrey
Kerry
Kohl
Lautenberg
Leahy
Levin
Lieberman
Mikulski
Moseley-Braun
Moynihan
Murray
Pell
Pryor
Reid
Robb
Rockefeller
Sarbanes
Simon
Wellstone
Wyden
NOT VOTING--1
Kassebaum
The motion to lay on the table the amendment (No. 4916) was agreed
to.
Mr. DOMENICI. Mr. President, I move to reconsider the vote by which
the motion was agreed to.
Mr. FORD. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Amendment No. 4927
The PRESIDING OFFICER. Under the previous order, the Senator from New
York, Senator D'Amato, is recognized for 1 minute.
Mr. D'AMATO. Mr. President, this amendment will really strengthen the
work requirements in this bill. It says very clearly if we want to
change welfare as we know it, this is the way to do it, because it will
require that those able-bodied recipients be required to report for a
job. If there is no job in the private sector available, if they are
not into job training, then community service. There are parks to be
cleaned and roads to be repaired and there is work in hospitals.
It was no less than Franklin Delano Roosevelt who said it best. He
said if people stay on welfare for prolonged periods of time, it
administers a narcotic to their spirit. This dependence on welfare
undermines their humanity, makes them wards of the State.
That is Franklin Delano Roosevelt. He cared about people, working
people. He wanted to see to it that people had help when they truly
needed it, but he understood welfare could become entrapping and a
narcotic. Community service is something that will give pride to people
who need assistance.
Mr. EXON addressed the Chair.
The PRESIDING OFFICER. The Senator from Nebraska.
Mr. EXON. Mr. President, we have no one on this side who has sought
time to speak against the amendment. Therefore, I yield our time to the
Senator from Michigan.
The PRESIDING OFFICER. The Senator from Michigan.
Mr. LEVIN. Mr. President, I thank my friend from Nebraska. We need
this amendment because the bill provides that even able-bodied people
could not work for up to 2 years, and there is no reason that if a
private sector job is not available and if someone is not in job
training or in school that an able-bodied person should not be offered
and should not be required to accept a community service position.
So this is a very needed amendment. It is the same amendment which I
offered along with Senator Dole last September, and I hope it gets not
only a strong vote in the Senate, but I hope that this time it is
retained in conference and is not dropped in conference the way it was
last time.
The PRESIDING OFFICER. The question is on agreeing to amendment No.
4927 by the Senator from New York and the Senator from Michigan. The
yeas and nays have been ordered. The clerk will call the roll.
The assistant legislative clerk called the roll.
Mr. NICKLES. I announce that the Senator from Kansas [Mrs. Kassebaum]
is absent due to a death in the family.
The result was announced--yeas 99, nays 0, as follows:
[Rollcall Vote No. 214 Leg.]
YEAS--99
Abraham
Akaka
Ashcroft
Baucus
Bennett
Biden
Bingaman
Bond
Boxer
Bradley
Breaux
Brown
Bryan
Bumpers
Burns
Byrd
Campbell
Chafee
Coats
Cochran
Cohen
Conrad
Coverdell
Craig
D'Amato
Daschle
DeWine
Dodd
Domenici
Dorgan
Exon
Faircloth
Feingold
Feinstein
Ford
Frahm
Frist
Glenn
Gorton
Graham
Gramm
Grams
Grassley
Gregg
Harkin
Hatch
Hatfield
Heflin
Helms
Hollings
Hutchison
Inhofe
Inouye
Jeffords
Johnston
Kempthorne
Kennedy
Kerrey
Kerry
Kohl
Kyl
Lautenberg
Leahy
Levin
Lieberman
Lott
Lugar
Mack
McCain
McConnell
Mikulski
Moseley-Braun
Moynihan
Murkowski
Murray
Nickles
Nunn
Pell
Pressler
Pryor
Reid
Robb
Rockefeller
Roth
Santorum
Sarbanes
Shelby
Simon
Simpson
Smith
Snowe
Specter
Stevens
Thomas
Thompson
Thurmond
Warner
Wellstone
Wyden
NOT VOTING--1
Kassebaum
The amendment (No. 4927) was agreed to.
Mr. LEVIN. Mr. President, I move to reconsider the vote.
Mr. DOMENICI. I move to table the motion.
The motion to lay on the table was agreed to.
Amendment No. 4928, as Modified
The PRESIDING OFFICER. Under the previous order, the Senator from
Illinois is recognized for 1 minute.
Mr. SIMON. Mr. President, I ask unanimous consent to modify my
amendment. It is a purely technical modification.
Mr. DOMENICI. We have no objection.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 4928), as modified, is as follows:
Beginning on page 233, strike line 15, and all that follows
through line 13 on page 235, and insert the following:
``Limitation on education activities counted as work.--For
purposes of determining monthly participation rates under
paragraphs (1)(B)(i) and (2)(B)(i) of subsection (b), not
more than 30 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 educational training.
``(5) Single parent with child under age 6 deemed to be
meeting work participation requirements if parent is engaged
in work for 20 hours per week.--For purposes of determining
monthly participation rates under subsection (b)(1)(B)(i), a
recipient in a 1-parent family who is the parent of a child
who has not attained 6 years of age is deemed to be engaged
in work for a month if the recipient is engaged in work for
an average of at least 20 hours per week during the month.
``(6) Teen head of household who maintains satisfactory
school attendance deemed to be meeting work participation
requirements.--For purposes of determining monthly
participation rates under subsection (b)(1)(B)(i), a
recipient who is a single head of household and has not
attained 20 years of age is deemed to be engaged in work for
a month in a fiscal year if the recipient--
``(A) maintains satisfactory attendance at secondary school
or the equivalent during the month; or
``(B) participates in education directly related to
employment for at least the minimum average number of hours
per week specified in the table set forth in paragraph (1).
``(d) Work Activities Defined.--As used in this section,
the term `work activities' means--
``(1) unsubsidized employment;
``(2) subsidized private sector employment;
``(3) subsidized public sector employment;
``(4) work experience (including work associated with the
refurbishing of publicly assisted housing) if sufficient
private sector employment is not available;
``(5) on-the-job training;
``(6) job search and job readiness assistance;
``(7) community service programs;
``(8) educational training (not to exceed 24 months with
respect to any individual);''.
Mr. SIMON. Mr. President, I believe this may be adopted by voice
vote. It is cosponsored by Senators Murray, Specter, Jeffords, and Bob
Kerrey. The bill without this amendment says States can get credit
above the age of 50 only for vocational education. The reality is for
many people learning how to read and write, getting that high school
equivalency is at least equally important. This permits that
possibility.
I know of no objection to the amendment. I hope it can be adopted by
voice vote.
[[Page S8496]]
The PRESIDING OFFICER. Is there further debate?
Mr. EXON. There is no objection on this side.
Mr. DOMENICI. Mr. President, we agree to accept the amendment.
The PRESIDING OFFICER. The question is on agreeing to the amendment.
The amendment (No. 4928), as modified, was agreed to.
Mr. SIMON. I move to reconsider the vote.
Mr. EXON. I move to table the motion.
The motion to lay on the table was agreed to.
Motion to Waive the Budget Act--Amendment No. 4929
Mr. DOMENICI. Mr. President, the next amendment is the Feinstein
amendment. The Senator from Pennsylvania, Senator Santorum, will be
responding on our side. It is an important amendment.
The PRESIDING OFFICER. The Senator from California is recognized to
speak.
Mrs. FEINSTEIN. Mr. President, this bill as drafted would remove from
SSI, from AFDC, and from Medicaid, everyone legally in this country
that happens to be a newcomer. It is retroactive in that respect.
The amendment that Senator Boxer and I put forward would make this
prospective. Every newcomer coming into the country after September 1
would not be able to count on any welfare benefits until they became a
citizen, which generally takes about 5 years.
This is a huge item. In my State alone, it would affect more than 1
million people. Thousands of them are refugees. They have no sponsors.
They are aged, they are blind, they are disabled, they are children.
This would immediately throw them off of whatever assistance they have,
with no other recourse. Los Angeles County alone estimates the cost is
$500 million.
The PRESIDING OFFICER. The 1 minute has expired.
Mrs. FEINSTEIN. I thank the Chair.
Mr. SANTORUM addressed the Chair.
The PRESIDING OFFICER. The Senator from Pennsylvania [Mr. Santorum]
is recognized.
Mr. SANTORUM. Mr. President, first off, this amendment would cost
about a quarter of the savings in the bill. It is about a $15 billion
additional cost added to this bill. But on substantive ground, this is
similar to the vote we took last week on the Graham amendment. What
this underlying bill did, what the Democratic substitute did, what the
bill that passed here in the Senate last time did was say that sponsors
have to live up to their contractual obligations. They signed a
document saying they would provide for people that come to this
country. People come to this country and sign a document saying they
would not become wards of the State. What is happening is that millions
of people are coming to this country, bringing moms and dads over. They
are coming into this country and going down to the SSI office and
qualifying for SSI benefits and you and the taxpayers of this country
are picking up and being the retirement home for the rest of the world.
That is not what this program should be about. What we do is take care
of refugees. If they come, they have a 5-year period where they qualify
for all of the benefits. That is more than fair. Sponsors should pay
what they say they are going to pay.
Mr. DOMENICI. Mr. President, I ask for 5 seconds.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
Mr. DOMENICI. This is a waiver of the Budget Act. You are waiving 15
billion dollars' worth of savings. I do not believe you ought to waive
the Budget Act for $15 billion.
The PRESIDING OFFICER. The question is on agreeing to the motion to
waive the Budget Act.
The yeas and nays have been ordered.
The clerk will call the roll.
The bill clerk called the roll.
Mr. NICKLES. I announce that the Senator from Kansas [Mrs. Kassebaum]
is absent due to a death in the family.
Mr. FORD. I announce that the Senator from Hawaii [Mr. Inouye] is
necessarily absent.
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The yeas and nays resulted--yeas 46, nays 52, as follows:
[Rollcall Vote No. 215 Leg.]
YEAS--46
Akaka
Biden
Bingaman
Boxer
Bradley
Breaux
Bryan
Bumpers
Chafee
Cohen
Conrad
Daschle
Dodd
Dorgan
Feingold
Feinstein
Ford
Glenn
Graham
Harkin
Heflin
Hollings
Johnston
Kennedy
Kerrey
Kerry
Kohl
Lautenberg
Leahy
Levin
Lieberman
Mack
Mikulski
Moseley-Braun
Moynihan
Murray
Pell
Pryor
Reid
Rockefeller
Sarbanes
Simon
Snowe
Specter
Wellstone
Wyden
NAYS--52
Abraham
Ashcroft
Baucus
Bennett
Bond
Brown
Burns
Byrd
Campbell
Coats
Cochran
Coverdell
Craig
D'Amato
DeWine
Domenici
Exon
Faircloth
Frahm
Frist
Gorton
Gramm
Grams
Grassley
Gregg
Hatch
Hatfield
Helms
Hutchison
Inhofe
Jeffords
Kempthorne
Kyl
Lott
Lugar
McCain
McConnell
Murkowski
Nickles
Nunn
Pressler
Robb
Roth
Santorum
Shelby
Simpson
Smith
Stevens
Thomas
Thompson
Thurmond
Warner
NOT VOTING--2
Inouye
Kassebaum
The PRESIDING OFFICER. On this vote, the yeas are 46, and the nays
are 52. Three-fifths of the Senators duly chosen and sworn, not having
voted in the affirmative, the motion is rejected and the amendment
falls.
Amendment No. 4933 to Amendment No. 4931
The PRESIDING OFFICER. Under the previous order, the Senator from
Rhode Island is recognized for 1 minute.
Mr. CHAFEE. Mr. President, this legislation is welfare reform. We
dropped out the changes in Medicaid, and we are told that this is not a
Medicaid bill. Yet, this bill permits the States not only to drop
eligibility levels for cash assistance--AFDC--but also for Medicaid.
The States can throw a woman and small children off cash assistance and
at the same time take away their Medicaid, their only chance for any
medical services.
My amendment says, go ahead, if you wish, reduce eligibility levels
for welfare, but Medicaid eligibility levels should remain as they are
today.
Furthermore, what constitutes income in calculating Medicaid
eligibility remains as it is now. In other words, if my amendment is
not adopted, States will be able to count school lunches and even
disaster relief toward what makes a person eligible for Medicaid.
I yield the remainder of my time to the Senator from Louisiana.
Mr. BREAUX. Mr. President, I just say to our colleagues that if you
want to continue mothers and children further to be eligible for
Medicaid, you have to support this amendment. By opposing this
amendment, you are saying to mothers and children in the future that
you are going to be taken off, or could be taken off, Medicaid and
health benefits without any further insurance. I think that is wrong.
The PRESIDING OFFICER. The time of the Senator from Rhode Island has
expired.
Mr. CHAFEE. Mr. President, have the yeas and nays been ordered?
The PRESIDING OFFICER. The yeas and nays have not been ordered.
Mr. CHAFEE. Mr. President, I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There is a sufficient second.
The yeas and nays were ordered.
The PRESIDING OFFICER. The Senator from Delaware has 1 minute.
Mr. ROTH. Mr. President, I point out that what we have before us is
the Chafee perfecting amendment. This perfecting amendment only makes a
technical change in the basic Chafee amendment. I have no objection to
that technical amendment. In fact, I would have been willing to accept
the perfecting amendment on a voice vote. But, since he has gotten the
yeas and nays, I urge everybody to vote aye on the technical change.
The PRESIDING OFFICER. Is there further debate on the amendment? If
not, the question is on agreeing to the amendment of the Senator from
Rhode Island. On this question, the yeas and nays have been ordered,
and the clerk will call the roll.
The legislative clerk called the roll.
Mr. NICKLES. I announce that the Senator from Kansas [Mrs. Kassebaum]
is absent due to a death in the family.
[[Page S8497]]
The PRESIDING OFFICER (Mr. Campbell). Are there any other Senators in
the Chamber who desire to vote?
The result was announced--yeas 97, nays 2, as follows:
[Rollcall Vote No. 216 Leg.]
YEAS--97
Abraham
Akaka
Baucus
Bennett
Biden
Bingaman
Bond
Boxer
Bradley
Breaux
Bryan
Bumpers
Burns
Byrd
Campbell
Chafee
Coats
Cochran
Cohen
Conrad
Coverdell
Craig
D'Amato
Daschle
DeWine
Dodd
Domenici
Dorgan
Exon
Faircloth
Feingold
Feinstein
Ford
Frahm
Frist
Glenn
Gorton
Graham
Gramm
Grams
Grassley
Gregg
Harkin
Hatch
Hatfield
Heflin
Helms
Hollings
Hutchison
Inhofe
Inouye
Jeffords
Johnston
Kempthorne
Kennedy
Kerrey
Kerry
Kohl
Kyl
Lautenberg
Leahy
Levin
Lieberman
Lott
Lugar
Mack
McCain
McConnell
Mikulski
Moseley-Braun
Moynihan
Murkowski
Murray
Nickles
Nunn
Pell
Pressler
Pryor
Reid
Robb
Rockefeller
Roth
Santorum
Sarbanes
Shelby
Simon
Simpson
Smith
Snowe
Specter
Stevens
Thomas
Thompson
Thurmond
Warner
Wellstone
Wyden
NAYS--2
Ashcroft
Brown
NOT VOTING--1
Kassebaum
The amendment (No. 4933) was agreed to.
Amendment No. 4932 To Amendment No. 4931
The PRESIDING OFFICER. The question now occurs on the Roth amendment
No. 4932, with 2 minutes being equally divided. The Senator from
Delaware [Mr. Roth] is recognized.
Mr. ROTH. Mr. President, the purpose of my amendment is to ensure
continued Medicaid coverage to all individuals currently receiving
Medicaid benefits because of their eligibility through the current AFDC
benefits. This will ensure that no child or adult currently receiving
Medicaid benefits would lose coverage because of welfare reform.
My amendment also provides for 1 year of transitional Medicaid
benefits. This guarantees that families leaving welfare will continue
to receive Medicaid coverage for a full year to help in the critical
transition from welfare to work. The problem with the Chafee-Breaux
amendment is that it would force the States to maintain current
eligibility standards indefinitely into the future. That means that
someone, 5 or 10 years from now, may not qualify under a State's new
welfare program but nevertheless would claim eligibility under the old
program. This creates serious issues of equity.
The Governors are deeply concerned about the Chafee-Breaux approach,
as it would be burdensome to administer.
I urge the adoption of the Roth amendment.
The PRESIDING OFFICER. The Senator from Nebraska is recognized.
Mr. EXON. Mr. President, we should oppose the Roth amendment because
it negates the Chafee-Breaux amendment that was just agreed to. I yield
the remainder of the time to Senator Chafee.
Mr. CHAFEE. Mr. President, if you voted yes on the Chafee amendment
we just agreed to, then you should vote no on the Roth amendment. The
Roth amendment allows States to drastically reduce Medicaid coverage
for all groups of women and children. If the Roth amendment prevails
and we strike the protections that we just adopted in my amendment, the
Roth amendment grandfathers only those AFDC-eligible individuals who
are enrolled in Medicaid at the time of enactment. There are no
protections for those who meet the same standards after the enactment.
Second, it strikes the provisions in my amendment that reinstate the
standard for calculating income. Thus, a pregnant woman or 6-year-old
child with a family income below the current poverty standards will not
qualify for Medicaid coverage if the State adopts a more restrictive
income test, such as school lunches or food stamps.
Finally, I would say the United States has the highest percentage of
children in poverty of any industrial nation in the world. I certainly
hope we will not make it worse by denying these children their Medicaid
coverage.
The PRESIDING OFFICER. All time has expired. The yeas and nays have
not been ordered.
Mr. CHAFEE. Mr. President, I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There is a sufficient second.
The yeas and nays were ordered.
The PRESIDING OFFICER. The question is on agreeing to the amendment.
The yeas and nays have been ordered.
The clerk will call the roll.
The legislative clerk called the roll.
Mr. NICKLES. I announce that the Senator from Kansas [Mrs. Kassebaum]
is absent due to a death in the family.
The PRESIDING OFFICER. Are there any other Senators in the Chamber
who desire to vote?
The result was announced--yeas 31, nays 68, as follows:
[Rollcall Vote No. 217 Leg.]
YEAS--31
Ashcroft
Bennett
Brown
Burns
Coverdell
Craig
Domenici
Faircloth
Frahm
Gorton
Gramm
Grams
Grassley
Gregg
Hatch
Helms
Hutchison
Inhofe
Kempthorne
Lott
Mack
McConnell
Murkowski
Nickles
Roth
Santorum
Shelby
Smith
Stevens
Thomas
Thurmond
NAYS--68
Abraham
Akaka
Baucus
Biden
Bingaman
Bond
Boxer
Bradley
Breaux
Bryan
Bumpers
Byrd
Campbell
Chafee
Coats
Cochran
Cohen
Conrad
D'Amato
Daschle
DeWine
Dodd
Dorgan
Exon
Feingold
Feinstein
Ford
Frist
Glenn
Graham
Harkin
Hatfield
Heflin
Hollings
Inouye
Jeffords
Johnston
Kennedy
Kerrey
Kerry
Kohl
Kyl
Lautenberg
Leahy
Levin
Lieberman
Lugar
McCain
Mikulski
Moseley-Braun
Moynihan
Murray
Nunn
Pell
Pressler
Pryor
Reid
Robb
Rockefeller
Sarbanes
Simon
Simpson
Snowe
Specter
Thompson
Warner
Wellstone
Wyden
NOT VOTING--1
Kassebaum
The amendment (No. 4932) was rejected.
Mr. CHAFEE. Mr. President, I move to reconsider the vote by which the
amendment was rejected.
Mr. BREAUX. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Vote on Amendment No. 4931, As Amended
The PRESIDING OFFICER. The question now is on agreeing to Chafee
amendment No. 4931, as amended.
The amendment (No. 4931), as amended, was agreed to.
Mr. EXON. Mr. President, I move to reconsider the vote by which the
amendment was agreed to.
Mr. DOMENICI. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Amendment No. 4934
The PRESIDING OFFICER. Under the previous order, there will now be 2
minutes equally divided on the Conrad amendment No. 4934.
The PRESIDING OFFICER. The Senator from Nebraska.
Mr. EXON. I yield to the Senator from North Dakota.
The PRESIDING OFFICER. The Senator from North Dakota [Mr. Conrad] is
recognized.
Mr. LEAHY. Mr. President, point of order. The Senate is not in order.
This is an important amendment. Senator Conrad should be heard.
The PRESIDING OFFICER. There will be order.
The Senator from North Dakota.
Mr. LEAHY. Mr. President, I make a point of order again, the Senate
is still not in order.
The PRESIDING OFFICER. Senators having conversations will take their
conversations to the Cloakroom.
The Senator from North Dakota.
Mr. CONRAD. I thank the Chair. Mr. President, this is a bipartisan
amendment about feeding hungry people. This has always been a
bipartisan priority in this Chamber. The father of the Food Assistance
Program is Senator Dole, the former Republican leader, and former
Senator George McGovern.
Our amendment, a bipartisan amendment, preserves the most important
[[Page S8498]]
feature of our Food Assistance Program. It maintains the automatic
adjustment in funding to respond to economic downturns or natural
disasters. A pure block grant would leave States with a fixed amount of
money no matter what happens.
If we look at the example of Florida, we see very clearly what can
happen. They had a flat demand for food assistance. Then we had a
national recession, and demand for food assistance increased
dramatically. Then there was a natural disaster, Hurricane Andrew, and
the demand for food assistance exploded. Under the pure block grant,
that State would have had no ability to respond to the demand for food
assistance.
No block grant could have responded to this increase in need. The
block grant would destroy the Food Stamp Program.
Mr. President, America is better than that. This Senate is better
than that. I hope my colleagues will support the amendment.
Mr. SANTORUM addressed the Chair.
The PRESIDING OFFICER. The Senator from Pennsylvania [Mr. Santorum],
is recognized for 1 minute.
Mr. SANTORUM. Mr. President, we oppose this amendment for a couple of
reasons. First, the Conrad amendment requires a $1 billion cut in food
stamps. This is a $1 billion reduction in food stamps to pay for this
provision.
Second, we set very high standards for States to qualify to get into
these block grants. They have to have a low error rate of 6 percent.
There are only seven States that can qualify with that error rate.
Third, they have to have electronic benefits. Only four States
qualify.
The Senator from North Dakota would lead Members to believe all these
Governors and State legislatures do not know what they are getting into
by opting for a block grant, that they do not see economic recessions
and disasters. In fact, they understand the risks they are taking when
they offer a block grant.
We want to give them the option to do it, but set a very high
standard for them to get in in the first place. They have to have a
good program to get in. They have an option, if things are bad, to get
out--it is a one-time option--but an option to get out if things get
bad. There are adequate safeguards, and if there are problems, people
are able to use a one-time option to get out.
The PRESIDING OFFICER. All time has expired.
The rollcall vote has not been called for.
Mr. SANTORUM. I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There is a sufficient second.
The yeas and nays were ordered.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk called the roll.
Mr. NICKLES. I announce that the Senator from Wyoming [Mr. Thomas] is
necessarily absent. I also announce the Senator from Kansas [Mrs.
Kassebaum] is absent due to a death in the family.
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The result was announced--yeas 53, nays 45, as follows:
[Rollcall Vote No. 218 Leg.]
YEAS--53
Akaka
Baucus
Biden
Bingaman
Boxer
Bradley
Breaux
Bryan
Bumpers
Byrd
Campbell
Chafee
Conrad
Daschle
Dodd
Dorgan
Exon
Feingold
Feinstein
Ford
Glenn
Graham
Harkin
Hatfield
Heflin
Hollings
Inouye
Jeffords
Johnston
Kennedy
Kerrey
Kerry
Kohl
Lautenberg
Leahy
Levin
Lieberman
Mikulski
Moseley-Braun
Moynihan
Murray
Nunn
Pell
Pryor
Reid
Robb
Rockefeller
Sarbanes
Simon
Snowe
Specter
Wellstone
Wyden
NAYS--45
Abraham
Ashcroft
Bennett
Bond
Brown
Burns
Coats
Cochran
Cohen
Coverdell
Craig
D'Amato
DeWine
Domenici
Faircloth
Frahm
Frist
Gorton
Gramm
Grams
Grassley
Gregg
Hatch
Helms
Hutchison
Inhofe
Kempthorne
Kyl
Lott
Lugar
Mack
McCain
McConnell
Murkowski
Nickles
Pressler
Roth
Santorum
Shelby
Simpson
Smith
Stevens
Thompson
Thurmond
Warner
NOT VOTING--2
Kassebaum
Thomas
The amendment (No. 4934) was agreed to.
Mr. HEFLIN. Mr. President, I move to reconsider the vote.
Mr. LEVIN. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Motion to Waive the Budget Act--Amendment No. 4935
The PRESIDING OFFICER. Under the previous order, the question occurs
on the motion to waive the Budget Act for the consideration of
amendment No. 4935 offered by the Senator from Pennsylvania on behalf
of the Senator from Texas [Mr. Gramm].
The yeas and nays have been ordered.
Mr. GRAMM addressed the Chair.
The PRESIDING OFFICER. The Senator from Texas is recognized.
Mr. GRAMM. Mr. President, I believe my amendment is the pending
amendment. I think the regular order is for 1 minute of debate on each
side. I had hoped this amendment might be accepted by a voice vote. But
I will go ahead and take my minute now.
What my amendment does is denies means-tested benefits to people who
are convicted of possessing, using, or selling drugs.
In minor cases, they lose welfare for 5 years. In major cases, they
lose it for life. What an individual does does not affect the
eligibility of that individual's children or other family members. We
have an exemption in the bill for emergency medical services, emergency
disaster relief, and assistance necessary to protect public health from
communicable diseases.
None of these provisions applies until date of enactment. These
provisions will apply only on convictions after that date. But the
bottom line is, if we are serious about our drug laws, we ought not to
give people welfare benefits who are violating the Nation's drug laws.
I hope my colleagues will adopt this provision and do so with a
resounding vote.
Mr. EXON. Mr. President, while I appreciate the thrust of the
amendment offered by the Senator from Texas, we strongly oppose it.
I yield to the Senator from Massachusetts.
Mr. KENNEDY. Mr. President, if I can have the attention of the Senate
for a moment. This amendment says that anyone convicted of drug
possession, distribution, or use may not obtain any Federal means-
tested public benefit. It includes even misdemeanor convictions.
The Conference of Mayors and the National League of Cities are
strongly opposed to the amendment. This is what they say:
It would undermine the whole notion of providing drug
treatment as an alternative sentence to a first-time drug
offender if the individual requires Federal assistance to
obtain the treatment.
This would make drug addicts ineligible for any of the effective drug
treatment programs that are being developed by the States and the
Federal Government. It would eliminate any prenatal care for mothers
that get convicted of drug crimes. We have seen those programs
developed in community health centers all across this country; they try
to get those mothers back to work and reunited with their families.
Those programs will be off limits to the people who need them most.
Under this amendment, if you are a murderer, a rapist, or a robber,
you can get Federal funds; but if you are convicted even for possession
of marijuana, you cannot. It is overly broad and is strongly opposed by
the mayors and the National League of Cities. I hope the Senator will
not get the 60 votes.
Mr. MACK. Mr. President, I rise today in opposition to amendment No.
4935 offered by Senator Gramm. This amendment would deny Federal means-
tested benefits to individuals convicted of illegal drug possession,
use, or distribution. Personally, I agree with the idea of not giving
Government benefits to drug dealers, however, I do not think the
Federal Government should continue to tell the States how to run their
welfare programs.
There are provisions in the bill to ensure that criminals are not
milking the system. We keep saying that we want the States to decide
what is best for their States. I believe we have already
[[Page S8499]]
put enough mandates on the block grants, and the denial of benefits in
the Gramm amendment would just increase mandates. Let the States make
those decisions.
Mr. GRAMM. Mr. President, I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There is a sufficient second.
The yeas and nays were ordered.
The PRESIDING OFFICER. The question is on the motion to waive the
Budget Act.
The clerk will call the roll.
The legislative clerk called the roll.
Mr. NICKLES. I announce that the Senator from Kansas [Mrs. Kassebaum]
is absent due to a death in the family.
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The yeas and nays resulted--yeas 74, nays 25, as follows:
[Rollcall Vote No. 219 Leg.]
YEAS--74
Abraham
Ashcroft
Baucus
Biden
Bond
Boxer
Breaux
Brown
Bryan
Bumpers
Burns
Byrd
Campbell
Coats
Cochran
Cohen
Conrad
Coverdell
Craig
D'Amato
Daschle
DeWine
Dodd
Domenici
Dorgan
Exon
Faircloth
Feinstein
Ford
Frahm
Frist
Gorton
Graham
Gramm
Grams
Grassley
Gregg
Harkin
Heflin
Helms
Hutchison
Inhofe
Johnston
Kempthorne
Kerry
Kyl
Leahy
Levin
Lieberman
Lott
Lugar
McCain
McConnell
Mikulski
Murkowski
Nickles
Nunn
Pressler
Pryor
Reid
Rockefeller
Roth
Santorum
Shelby
Simpson
Smith
Snowe
Stevens
Thomas
Thompson
Thurmond
Warner
Wellstone
Wyden
NAYS--25
Akaka
Bennett
Bingaman
Bradley
Chafee
Feingold
Glenn
Hatch
Hatfield
Hollings
Inouye
Jeffords
Kennedy
Kerrey
Kohl
Lautenberg
Mack
Moseley-Braun
Moynihan
Murray
Pell
Robb
Sarbanes
Simon
Specter
NOT VOTING--1
Kassebaum
The PRESIDING OFFICER. On this vote the yeas are 74, the nays are 25.
Three-fifths of the Senators duly chosen and sworn having voted in the
affirmative, the motion is agreed to.
Mr. DOMENICI. Mr. President, I think it would be in order to ask
unanimous consent, if Senator Gramm will agree, to vitiate the yeas and
nays and adopt the amendment by voice vote.
The PRESIDING OFFICER. Without objection, it is so ordered.
The question now occurs on agreeing to amendment No. 4935.
The amendment (No. 4935) was agreed to.
Mr. DOMENICI addressed the Chair.
The PRESIDING OFFICER. The Senator from New Mexico [Mr. Domenici].
Mr. DOMENICI. Mr. President, I ask unanimous consent that amendment
No. 4936, known as the Graham-Bumpers amendment, be temporarily set
aside and that it be the pending business when the Democrats and
Republicans return after their lunch break.
The PRESIDING OFFICER. Is there objection? The Chair hears none, and
it is so ordered.
Mr. DOMENICI. I thank the sponsor of the amendment.
I yield the floor.
Amendment No. 4930
The PRESIDING OFFICER. Under the previous order, the question occurs
on agreeing to the motion to table amendment No. 4930 offered by the
Senator from North Carolina [Mr. Helms], by the yeas and nays, to be
preceded by 2 minutes of time divided in equal manner.
Mr. HELMS. Mr. President, I hope the time will not begin running on
me until we have order.
The PRESIDING OFFICER. The Senate will be in order.
Mr. HELMS. I thank the Chair.
Mr. President, on Friday afternoon, I got wind of a little effort to
try to block Senators having to take a public stand----
Mr. LEAHY. Mr. President, the Senate is not order. Could we please
have order.
The PRESIDING OFFICER. Senators will take their conversations to the
Cloakroom.
The Senator from North Carolina.
Mr. HELMS. I believe I will wait until we have order.
This time I thank the Chair.
In order to protect myself against a little legerdemain here between
Friday afternoon and the final unanimous consent, I moved to table my
own amendment and asked for the yeas and nays. I did that because I
want Senators to take a stand on this amendment which requires able-
bodied food stamp recipients to go to work for at least 20 hours a week
if they expect to continue to receive food stamps free of charge at the
expense, of course, of taxpayers who have to work 40 hours a week or
more to support their families.
The Congressional Budget Office says that this amendment will cause a
lot of people to flake off the food stamp rolls because they do not
want to work and they will go to work otherwise. It will save the
taxpayers $2.8 billion over the next 6 years.
I repeat, this amendment requires able-bodied food stamp recipients
to go to work for at least 20 hours a week if they expect to continue
to receive food stamps free of charge.
I reserve the remainder of my time.
The PRESIDING OFFICER. The Senator from Vermont.
Mr. LEAHY. Mr. President, the description sounds good but for the
same reason that the Senate last year by a vote of 66 to 32 voted down
a similar amendment, we ought to do it again.
What it does, it denies food stamps to unemployed workers when they
are looking for work. You have a recession, you have a disaster such as
a hurricane, or somebody has just been laid off from the factory that
they worked in for 10 years, as they are looking for a new job, they
cannot get food stamps. That is a time that they need it the most. We
could actually have such a situation as we had in the earthquakes in
California. People's businesses were destroyed, their homes were
destroyed, somebody has been working for 10 or 15 years, and they would
be told: Sorry, you are not working 20 hours a week; you do not get
food stamps.
We defeated this by a 2-to-1 margin in the Senate, Republicans and
Democrats, last year. We should do it again this year. If Senator
Helms' motion is to table his own amendment, this is one time I agree
with him--we ought to do just that.
The PRESIDING OFFICER. All time has expired. The question occurs on
agreeing to the motion to table amendment 4930. The yeas and nays have
been ordered. The clerk will call the roll.
The assistant legislative clerk called the roll.
Mr. NICKLES. I announce that the Senator from Kansas [Mrs. Kassebaum]
is absent due to a death in the family
The PRESIDING OFFICER (Mr. Ashcroft). Are there any other Senators in
the Chamber who desire to vote?
The result was announced--yeas 56, nays 43, as follows:
[Rollcall Vote No. 220 Leg.]
YEAS--56
Akaka
Baucus
Bennett
Biden
Bingaman
Bond
Boxer
Bradley
Breaux
Bumpers
Byrd
Chafee
Cochran
Cohen
Conrad
Daschle
DeWine
Dodd
Domenici
Dorgan
Exon
Feingold
Feinstein
Ford
Glenn
Gorton
Harkin
Hatfield
Heflin
Hollings
Inouye
Jeffords
Johnston
Kennedy
Kerrey
Kerry
Kohl
Lautenberg
Leahy
Levin
Lieberman
Lugar
Mack
Mikulski
Moseley-Braun
Moynihan
Murray
Nunn
Pell
Pryor
Robb
Rockefeller
Sarbanes
Simon
Snowe
Wellstone
NAYS--43
Abraham
Ashcroft
Brown
Bryan
Burns
Campbell
Coats
Coverdell
Craig
D'Amato
Faircloth
Frahm
Frist
Graham
Gramm
Grams
Grassley
Gregg
Hatch
Helms
Hutchison
Inhofe
Kempthorne
Kyl
Lott
McCain
McConnell
Murkowski
Nickles
Pressler
Reid
Roth
Santorum
Shelby
Simpson
Smith
Specter
Stevens
Thomas
Thompson
Thurmond
Warner
Wyden
NOT VOTING--1
Kassebaum
The motion to lay on the table the amendment (No. 4930) was agreed
to.
Mr. EXON. Mr. President, I move to reconsider the vote by which the
motion was agreed to.
Mr. FORD. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
[[Page S8500]]
Amendment No. 4938
The PRESIDING OFFICER. The question now, under the previous order,
occurs on amendment No. 4938 offered by the Senator from Florida on
behalf of the Senator from Illinois [Mr. Simon]. Under the previous
order, there are 2 minutes to be divided equally between sides.
The Senator from Illinois [Mr. Simon], is recognized.
Mr. SIMON. Mr. President, if I may have the attention of my
colleagues.
Mr. DOMENICI. Mr. President we have agreed to accept the amendment.
Mr. SIMON. Mr. President, this amendment simply adds the Public
Health Service Act in terms of the exemption, so not only people who
plan to become lawyers and engineers, but people who become nurses and
physicians can be exempt. It is acceptable, as far as I know, by
everyone. I am willing to take a voice vote.
The PRESIDING OFFICER. Does anyone wish to speak in opposition? If
not, the question is on agreeing to amendment No. 4938 offered by the
Senator from Florida on behalf of the Senator from Illinois, [Mr.
Simon].
The amendment (No. 4938) was agreed to.
Mr. EXON. Mr. President, I move to reconsider the vote by which the
amendment was agreed to.
Mr. REID. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Motion to Waive the Budget Act--Amendment No. 4939
The PRESIDING OFFICER. The question now occurs on Shelby amendment
No. 4939. There will be 2 minutes equally divided between sides.
The Senator from Alabama is recognized.
Mr. SHELBY. Mr. President, first of all, I ask unanimous consent that
Senator Abraham be added as a cosponsor.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. SHELBY. Mr. President, this is the same amendment which was
adopted by the Senate on a vote of 93 to 5 on the welfare reform bill
last year. It provides a $5,000 tax break for adoption expenses, and it
will allow thousands of children to find a home in America.
The amendment is offset with savings in the underlying bill. There is
no guarantee that the adoption legislation reported by the Finance
Committee will be considered at all this year. This may be our last
chance to pass this legislation which has overwhelming bipartisan
support.
Again, Mr. President, 93 Senators in this Chamber voted for this
exact amendment last fall under almost identical circumstances. If we
do not adopt this adoption tax credit now, we might lose our chance
this year. I ask we waive the Budget Act and adopt this amendment.
Mr. President, I ask unanimous consent that Senator D'Amato be added
as a cosponsor.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. DOMENICI. Senator Roth speaks in opposition.
The PRESIDING OFFICER. The Senator from Delaware.
Mr. ROTH. Mr. President, I, like Mr. Shelby, strongly support the use
of tax incentives to promote adoption, and that is why the Finance
Committee unanimously reported out of committee an adoption tax credit
bill.
The distinguished majority leader has assured me that he will
schedule action on the Finance Committee bill before the end of this
year. Unlike the Finance Committee-passed adoption tax credit bill, Mr.
Shelby's adoption tax credit is refundable, provides no extra credit
for special needs adoption, and is not paid for. I remind my colleagues
that we have had tremendous problems with fraud with refundable
credits. Take, for example, the earned income credit.
Furthermore, if Mr. Shelby's amendment is adopted, we will be
required to find an additional $1.5 billion over 6 years in savings
from the welfare legislation.
In addition to these issues, Mr. Shelby's amendment is not germane to
the welfare bill. I believe we need incentives to promote adoption,
however, now is not the time to consider such legislation. I urge my
colleagues to vote against Mr. Shelby's motion to waive the Budget Act.
I yield the remainder of my time.
Mr. MOYNIHAN. Mr. President, I concur with our chairman. The
Committee on Finance reported H.R. 3286, the Adoption Promotion and
Stability Act of 1996, unanimously on June 12, 1996. It is on the
calendar, and the majority leader has promised prompt action on it.
As the chairman has indicated, the Finance Committee bill provides an
additional credit for special needs children. This was a subject of
bipartisan concern during the Finance Committee's consideration of the
bill. The pending amendment fails to take special needs cases into
account, and in any event the amendment is not germane to the
reconciliation legislation before us.
I join Chairman Roth in raising a point of order that the amendment
of the Senator from Alabama is not germane.
The PRESIDING OFFICER. Under the previous order, the question now
occurs on agreeing to the motion to waive the Budget Act for
consideration of amendment No. 4939 offered by the Senator from
Alabama, [Mr. Shelby]. The yeas and nays have been ordered.
Mr. DOMENICI. Mr. President, I ask unanimous consent that I may make
an announcement. It will take me 7 seconds.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. DOMENICI. Mr. President, this is the last vote before lunch. We
will return at 2 o'clock. At 2 o'clock, the pending business will be
the Graham-Bumpers formula change amendment.
I thank the Chair and yield the floor.
The PRESIDING OFFICER. The yeas and nays were ordered on the Shelby
amendment No. 4939.
The PRESIDING OFFICER. The question is on agreeing to the motion to
waive the Budget Act on the amendment No. 4939.
The clerk will call the roll.
The assistant legislative clerk called the roll.
Mr. NICKLES. I announce that the Senator from Kansas [Mrs. Kassebaum]
is absent due to a death in the family.
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The yeas and nays resulted--yeas 78, nays 21, as follows:
[Rollcall Vote No. 221 Leg.]
YEAS--78
Abraham
Akaka
Ashcroft
Baucus
Bennett
Biden
Bingaman
Bond
Boxer
Bradley
Burns
Campbell
Coats
Cochran
Cohen
Coverdell
Craig
D'Amato
DeWine
Dodd
Dorgan
Exon
Faircloth
Ford
Frahm
Frist
Glenn
Gorton
Gramm
Grams
Grassley
Harkin
Hatch
Hatfield
Heflin
Helms
Hollings
Hutchison
Inhofe
Jeffords
Kempthorne
Kennedy
Kerrey
Kerry
Kohl
Kyl
Lautenberg
Leahy
Levin
Lieberman
Lott
Lugar
Mack
McCain
McConnell
Mikulski
Murkowski
Murray
Nunn
Pell
Pressler
Reid
Robb
Santorum
Sarbanes
Shelby
Simon
Simpson
Smith
Snowe
Specter
Stevens
Thomas
Thompson
Thurmond
Warner
Wellstone
Wyden
NAYS--21
Breaux
Brown
Bryan
Bumpers
Byrd
Chafee
Conrad
Daschle
Domenici
Feingold
Feinstein
Graham
Gregg
Inouye
Johnston
Moseley-Braun
Moynihan
Nickles
Pryor
Rockefeller
Roth
NOT VOTING--1
Kassebaum
The PRESIDING OFFICER. On this vote, the yeas are 78 and the nays are
21.
Three-fifths of the Senators duly chosen and sworn having voted in
the affirmative, the motion is agreed to.
Mr. EXON. Mr. President, I move to reconsider the vote.
Mr. DOMENICI. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Mr. DOMENICI. Mr. President, in light of that vote, I wonder if we
ought to vitiate the yeas and nays and adopt the amendment.
The PRESIDING OFFICER. The yeas and nays have not been ordered.
The question is on agreeing to Amendment No. 4939.
The amendment (No. 4939) was agreed to.
Mr. EXON. Mr. President, I move to reconsider the vote.
[[Page S8501]]
Mr. SHELBY. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
mandatory appropriation for the social security administration
Mr. DOMENICI. Mr. President, section 2211(e)(5) of this bill provides
a $300 million mandatory appropriation to the Social Security
Administration.
The bill requires SSA to review the eligibility of hundreds of
thousands of beneficiaries who may no longer be eligible for
supplemental security income [SSI] benefits.
This mandatory appropriation is important because it is intended to
give SSA the resources it needs to do this job right.
But I am concerned about the precedent of creating new entitlement
spending for Federal agencies, and I understand that the House has
dropped this provision from its bill because of this concern.
Last year, in the Social Security earnings test bill, we created a
special process to allow the Appropriations Committee to provide
additional funding for SSA to conduct continuing disability reviews--or
CDR's--without forcing cuts in other discretionary spending.
For the years 1996 through 2002, this process will accommodate an
additional $2.7 billion for CFR's, and all signs indicate that it is
working.
Although I do not plan to strike this mandatory appropriation here on
the floor, I hope that, in conference, instead of creating a new
entitlement for SSA, we can build upon the CDR funding process--and
give the Appropriations Committee an additional allowance to fund the
work SSA must do under this bill.
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