[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.

                          ____________________