[Congressional Record Volume 145, Number 67 (Tuesday, May 11, 1999)]
[Senate]
[Pages S4999-S5002]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  THE WORK INCENTIVES IMPROVEMENT ACT

  Mr. ROTH. Mr. President, in January, I joined Senators Moynihan, 
Jeffords, and Kennedy to introduce S. 331, the Work Incentives 
Improvement Act of 1999. This legislation has a simple objective--to 
help people with disabilities go to work if they want to go to work, 
without fear of losing their health insurance lifeline.
  S. 331 creates two new Medicaid options for States to make it 
possible for people with disabilities who choose to work to do so 
without jeopardizing health insurance access. The bill also extends 
Medicare part A coverage for a 10-year trial period for individuals on 
SSDI who return to work.
  In addition to these health coverage innovations, the bill provides a 
user-friendly, public-private approach to job placement. Because of a 
new, innovative payment system, vocational rehabilitation agencies will 
be rewarded for helping people remain on the job.
  Mr. President, this combination of health care and job assistance 
will help disabled Americans succeed in the workplace.
  Tremendous progress has been made on many fronts in the 8 years 
following the passage of the Americans With Disabilities Act. However, 
there are still serious obstacles standing in the way of employment for 
individuals with disabilities.
  Unofrtunately, federal programs for individuals with disabilities too 
often discourage work. The most important barrier to employment 
identified by disabled individuals is the fear of losing health 
insurance.
  The unemployment rate among working-age adults with severe 
disabilities is nearly 75 percent. Many of these individuals would 
prefer to be working and paying taxes. Unfortunately, Mr. President, 
the simple fact is that people with disabilities are

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often presented with a catch-22 between working and losing their 
Medicaid or Medicare. This is a choice that no one should have to make.
  But even modest earnings can result in a loss of eligibility for 
Medicaid or Medicare, and disabled individuals cannot surrender their 
insurance access without jeopardizing their health.
  Today, more than 7.5 million disabled Americans receive cash benefits 
from SSI and SSDI. Disability benefit spending for these two programs 
totals $73 billion a year. If only 1 percent--or 75,000--of these SSI 
and SSDI beneficiaries were to become employed, federal savings in 
disability benefits would total $3.5 billion over the worklife of the 
beneficiaries.
  Mr. President, income tax day, April 15, is still fresh in our minds. 
It is not very often, especially at this time of year, that we hear 
from millions of Americans eager to become taxpayers. I say we should 
welcome Americans with disabilities into the ranks of taxpaying 
citizens.
  In my own State of Delaware, experts on disability policy have made 
their support for S. 331 clear. Larry Henderson, Chair of Delaware's 
Developmental Disabilities Planning Council, testified in support of S. 
331 at a Finance Committee hearing. He supports S. 331 ``because it 
does not penalize persons with disabilities for working in that it 
allows for continued access to health care.''
  For this reason, more than 100 national groups have endorsed the 
bill, representing veterans, people with disabilities, health care 
providers, and insurers.
  Mr. President, on March 4, the Finance Committee marked up and passed 
S. 331 by a vote of 16 to 2. S. 331 was the first health care bill 
passed out of our committee this year, and I appreciate the spirit of 
bipartisan cooperation that made our vote possible.
  The strong support for S. 331 shown by our committee is also 
reflected in the full Senate. Mr. President, a total of 75 Senators now 
sponsor S. 331. Let me say that again--75 Senators have signed on to S. 
331. That would be a remarkable total for any bill, let alone a health 
care proposal.
  I think S. 331 has been so popular on both sides of the aisle because 
it is all about helping disabled Americans work if that is what they 
want to do. It is about helping people reach their potential. It is not 
about big government--it is about getting government out of the way of 
individual commitment and creativity.
  Through my work on S. 331, it has become vividly clear to me that we 
are all just one tragedy away from confronting disability in our own 
families.
  Unfortunately, we cannot prevent all disabilities. But we can prevent 
making disabled individuals choose between health care and employment.
  It is time now to act. Mr. President, together with Senators 
Moynihan, Jeffords, and Kennedy, I have asked that S. 331 be scheduled 
for a vote before Memorial Day. I ask all my colleagues to join with us 
on behalf of millions of disabled Americans.
  With a Senate vote in support of S. 331, we can move another step 
closer to unleashing the creativity and enthusiasm of millions of 
Americans with disabilities ready and eager to work. I look forward to 
seeing S. 331 enacted into law this year.
  Mr. MOYNIHAN. Mr. President, I join today with Senators Roth, 
Kennedy, and Jeffords in announcing that we have a total of 75 
cosponsors supporting the Work Incentives Improvement Act of 1999. This 
bill would address some of the barriers and disincentives that 
individuals enrolled in Federal disability programs face in returning 
to work. We rise today to make the case that this measure deserves 
consideration in the Senate as soon as possible. We are committed to 
passing this bill promptly and without amendment.
  The great enthusiasm and broad support for this legislation has 
created its impressive momentum. Senators Jeffords, Kennedy, Roth, and 
I introduced the Work Incentives Improvement Act of 1999 (S. 331) on 
January 28 of this year. On February 4, the Finance Committee held a 
hearing on the bill. Our former chairman and majority leader among 
others testified in emphatic support. On that day, we already had a 
bipartisan list of 42 Senators. The committee reported the bill without 
amendment on March 4 by a vote of 16 to 2. At that time, the total 
cosponsor list reached 60, including 18 Republicans and 42 Democrats.
  The President included the Senate legislation in his fiscal year 2000 
budget, and expressed his support for this bipartisan initiative in his 
State of the Union Address.
  The overwhelming support for this legislation is not surprising given 
its simple and universal goal: to provide Americans with disabilities 
the opportunity to work and contribute to the fullest of their ability. 
Its supporters include persons with disabilities and their families, 
veterans, health care providers, and health and disability insurers.
  I join Senators Kennedy, Roth, and Jeffords in urging its earliest 
possible consideration and passage by the Senate.
  The PRESIDING OFFICER. The Senator from Massachusetts.
  Mr. KENNEDY. Mr. President, I join with my friends and colleagues, 
the Senator from Delaware, Mr. Roth; and the Senator from Vermont, Mr. 
Jeffords; and my colleague from New York, Mr. Moynihan, in urging the 
Senate to move ahead with this excellent piece of legislation which has 
been described by the Senator from Delaware and which I will summarize 
at the conclusion of my remarks.
  Once in a while the Members of this body get together and try to 
exercise a judgment which is going to have an important and dramatic 
impact on improving the quality of life of the people of this country. 
This is such an undertaking. The reason it is so powerful is because it 
reflects the best judgment of the disability community in its 
entirety--not only those who are affected by some particular kind of 
challenge--it has the input of parents; it has the input of the medical 
profession, both the doctors, nurses and the caretakers; it has the 
input of those who have worked in this field for many, many years.
  It is the result of the extraordinary work over a period of some 18 
months, tireless work of the members of the community--not Democrat or 
Republican, not just the four of us here today, but so many others on 
our committees and off our committees who are so strongly committed 
toward providing this kind of opportunity for those who have a 
disability to participate in the economy in our country.
  This body took monumental steps a number of years ago when we passed 
the Americans With Disabilities Act. However, we were reminded after 
the passage of that act that we were no longer going to permit 
discrimination against those with disabilities in our country, those 
who had the ability to be able to perform in the areas of employment. 
That was a major, major step forward. What we found out very quickly is 
that there was another barrier for those who had disabilities. That was 
the fact that if individuals who had disabilities could work, wanted to 
work, were able to gain entry into the employment in the country, they 
were going to lose because of the cutoff in terms of cash payments or 
lose, in terms of their medical health and assistance, the kind of help 
and assistance in terms of health care and in terms of their income 
that would put them at enormous risk.
  What was worked out in this amendment and in this legislation 
understands that. That effectively says to those who have a disability 
or a challenge that they can go on out and be a part of the American 
dream, a part of the American economy, and that we are working in a 
process that will continue to make the health insurance available and 
affordable when a disabled person goes to work or develops a 
significant disability while working, and it will gradually phase out 
the loss of cash payments as the incomes rise, instead of the unfair 
sudden cutoff which so many workers with disabilities face today. It 
will give people with the disabilities greater access to the services 
they need to become successfully employed.
  I think many in this body and across the country think that 
``disabled'' applies to individuals who are born with some disability. 
In fact, this occurs in only about 15 percent of those who are 
disabled.
  This is a challenge that is out there every single day, for every 
member of this body, for every citizen in this

[[Page S5001]]

country. We are an accident away from having the kind of physical 
or mental challenge where we could even be affected or impacted by this 
legislation. Just look at the number of people in the workforce every 
single year who experience hazards and difficulties. Accidents happen.

  This is not just dealing with something in the past, this is 
something about America today and America in the future. We have the 
expanding economy, the growing economy which is offering such hope and 
opportunity for millions of Americans with the exception of those who 
have some kind of disability. With this legislation, we are 
guaranteeing now for the first time, one, that they will not be 
discriminated against in terms of employment; second, that they will be 
able to get the training, be able to gain the employment, and be able 
to have useful, productive, and contributing lives and be part of the 
whole process and system. That is the kind of opportunity this 
legislation means for so many of our citizens.
  I thank all who have been a part of this, including the leadership of 
Senator Jeffords, who has been strongly committed to this legislation, 
and our Human Resource Committee, that has worked so hard in the 
development of the legislation, so many of the other members of our 
committee, Republican and Democrat alike, and to the members of the 
Finance Committee, the chairman, who I have mentioned--Senator Roth, 
who has been enormously committed to it--and our colleague and friend, 
Senator Moynihan. This has passed virtually unanimously in our Human 
Resources Committee, it has that degree of support; and 16 to 2 in the 
Finance Committee.
  We ought to be about the business of calling this legislation up, 
considering it and passing it. Every day that goes by we are denying 
these opportunities to individuals; every day, every week, every month 
that goes by. We have been through the legislative process. I daresay 
the four of us are prepared to agree, as we have uniquely so in other 
situations, on sort of a ``no amendment'' strategy. We feel, since we 
have tried to gain input from so many of those who have been involved 
in this process, this legislation could pass in a relatively short 
time, in the time of a couple of hours, and still it would reflect the 
best judgment of so many of those in so many different parts of the 
country.
  We are strongly committed. With the overwhelming support we have, 73 
Members reflecting every possible viewpoint in the Senate, and the 
overwhelming need, this is legislation that needs to pass, should pass, 
must pass. I hope we can do it in the next few days. It should not take 
much time. The disability community deserves it.
  Mr. President, to reiterate, I strongly support the Work Incentives 
Improvement Act, and I urge Senator Lott to bring the bill to the floor 
and allow the Senate to complete action on this important bipartisan 
legislation before the Memorial Day recess. Last month, under the 
impressive leadership of Senator Roth and Senator Moynihan, the act 
passed in the Senate Finance Committee by a 16-2 vote. Today, 75 
Members of the Senate stand behind this bill, which removes the 
barriers that present so many of our citizens with disabilities from 
living independent and productive lives.
  As former Majority Senator Bob Dole stated in his eloquent testimony 
to the Finance Committee, ``this is about people going to work--it is 
about dignity and opportunity and all the things we talk about, when we 
talk about being an American.''
  We know that a large proportion of the 54 million disabled men and 
women in this country want to work and are able to work. But they are 
denied the opportunity to do so. Removing barriers to work will help 
disabled Americans to achieve self-sufficiency. It will also contribute 
to preserving the Social Security Disability Trust Fund.
  For too long, Americans with disabilities have faced unfair penalties 
if the take jobs and go to work. They are in danger of losing their 
medical coverage, which could mean the difference between life and 
death. They are in danger of losing their cash benefits, even if they 
earn only modest amounts from work. Too often, they face the harsh 
choice between buying a decent meal and buying their medication.
  The Work Incentive Improvement Act will remove these unfair barriers 
facing people with disabilities who want to work.
  It will continue to make health insurance available and affordable 
when a disabled person goes to work, or develops a significant 
disability while working.
  It will gradually phase out the loss of cash benefits as income 
rises--instead of the unfair sudden cut-off that so many workers with 
disabilities face today.
  It will give people with disabilities greater access to the services 
they need to become successfully employed.
  Many leaders in communities throughout the country have worked long 
and hard and well to help us reach this milestone. They are consumers, 
family members, citizens, and advocates. They see everyday that the 
current job programs for people with disabilities are failing them and 
forcing them into poverty.
  They have spent many months helping to develop effective ways to 
right that wrong. And to all of them I say, thank you for helping us to 
prepare this needed legislation. it truly represents legislation of the 
people, by the people and for the people.
  When we think of citizens with disabilities, we tend to think of men 
and women and children who are disabled from birth. But fewer than 15 
percent of all people with disabilities are born with their 
disabilities. A bicycle accident or a serious fall or a serious illness 
can disable the healthiest and most physically capable person.
  This legislation is important because it offers a lifeline to large 
numbers of our fellow citizens. A disability need not end the American 
dream. That was the promise of the Americans With Disabilities Act a 
decade ago, and this legislation dramatically strengthens our 
commitment to that promise.
  We know that disabled citizens are not unable. Our goal in this 
legislation is to reform and improve the existing disability programs, 
so that they do more to encourage and support every disabled person's 
dream to work and live independently, and be a productive and 
contributing member of their community. That goal should be the 
birthright of all Americans--and when we say all, we mean all.
  The road to economic prosperity and the right to a decent wage must 
be more accessible to all Americans. That is our goal in this 
legislation. For too long, our fellow disabled citizens have been left 
out and left behind. This bill is the right thing to do, and it is the 
cost effective thing to do. And now is the time to do it.
  I especially commend Senators Jeffords, Senator Roth, and Senator 
Moynihan for their bipartisan leadership on this legislation. Now is 
the time to enact this long overdue legislation and free up the 
enterprise, creativity, and dreams of millions of fellow Americans.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Vermont.
  Mr. JEFFORDS. Mr. President, I thank the Senator from Massachusetts 
for his very kind words. I want to express my deep appreciation for his 
efforts throughout his time here in the Senate to assist those people 
with difficulties and disabilities.
  Mr. President, let me pose a question. What would most people do if 
they had health insurance coverage if they stayed home but not if they 
worked? Believe it or not, this is exactly the dilemma that many 
individuals with disabilities face today. They must choose between 
working or having health care. This is an absurd choice. Current 
federal law forces individuals with disabilities to make this choice. 
The Work Incentives Improvement Act, S. 331, bipartisan legislation, 
with 75 cosponsors, addresses this fundamental flaw.
  Reaching this day has taken 2 years of hard work. Over 100 national 
organizations endorse our legislation and many helped us craft a 
consensus-based bill.
  Chairman Roth and Senator Moynihan of the Finance Committee joined 
Senator Kennedy and I as original cosponsors along with 35 of our 
colleagues. The cooperation and support we received, helped us move 
this important legislation from introduction on January 28, to a full 
Finance Committee hearing on February 4th, a Finance Committee markup 
on March 4,

[[Page S5002]]

and filing of the committee report on March 26.
  It is time for the Senate to complete its work on S. 331. Many of our 
constituents are watching and waiting for us to make this bill a law.
  In my state, Vermont, 24,355 Social Security disability beneficiaries 
are waiting for S. 331 to become law. There are 9.5 million people 
waiting across the country. Under current law, if these people work and 
earn over $500 per month, they lose cash payments and health care 
coverage under Medicaid or Medicare.
  This is health care coverage that they simply cannot get in the 
private sector. S. 331 allows them to work and have access to health 
care coverage. It also provides them choices regarding job training and 
placement assistance.
  Do Social Security beneficiaries with disabilities really want to 
work? The answer is a resounding ``Yes.'' Over the last 10 years, 
national surveys consistently confirm that people with disabilities of 
working age want to work, but only about one-third are working.
  I have heard many compelling stories from individuals with 
disabilities. Some sit at home waiting for S. 331 to become law, so 
they can go to work. Others work part-time, careful not to exceed the 
$500 per month threshold which may trigger a cut-off of their health 
care. Each of us has received letters in support of S. 331. Let me 
share one story with you. Don is a 30 year-old man, who has mild mental 
retardation, cerebral palsy, a seizure disorder, and a visual 
impairment. Don works, but only part-time.
  At the end of his letter, Don wrote:

       The Work Incentives Improvement Act will help my friends 
     become independent too. Then they can pay taxes too. But most 
     of all they will have a life in the community. We are adults. 
     We want to work. We don't need a hand out . . . we need a 
     hand up.

  We should give Don and his friends a hand up. Doing so would be good 
for Don and good for the Nation. The hard facts make a compelling case 
for S. 331:
  As I indicated, there are 9.5 million Social Security beneficiaries. 
Of those who work, very few make more than $500 per month. In fact, of 
working individuals with disabilities on supplemental security income, 
only 17 percent make over $500 per month and only 10 percent make over 
$1,000 per month. Another 29 percent make $65 or less per month. Let's 
assume that S. 331 becomes law, and just 200 Social Security disability 
beneficiaries in each State work and forgo cash payments. That would be 
10,000 individuals across the country out of 9.5 million disability 
beneficiaries. The annual savings to the Federal treasury in cash 
payments for these 10,000 people would be $133,550,000. Clearly, the 
Work Incentives Improvement Act of 1999 is targeted, fiscally 
responsible legislation.
  It enables individuals with disabilities to enter the workforce for 
the first time, re-enter the work force, or avoid leaving it in the 
first place.
  These individuals would not need to worry about losing their health 
care if they choose to work a 40-hour week, to put in overtime, or to 
go for a career advancement. Individuals who need job training or job 
placement assistance would get it. S. 331 reflects what individuals 
with disabilities say they need. It was shaped by input across the 
philosophical spectrum. It was endorsed by the President in his State 
of the Union Address. S. 331 will give us the opportunity to bring 
responsible change to Federal policy and to eliminate a perverse 
dilemma for many Americans with disabilities--if you don't work, you 
get health care; if you do work, you don't get health care. S. 331 is a 
vital link in making the American dream an accessible dream, for 
Americans with disabilities. In closing, I would like to tell you about 
a young constituent of mine. Her name is Maria, and she faces many 
daily challenges as a result of her disability. She recently contacted 
my office to let me know that she is counting on S. 331. Maria is a 
junior majoring in Spanish at a college in Vermont. She plans to 
graduate to become a billingual teacher for children and adults from 
Central and South America.
  Maria has her whole life ahead of her. She has dreams and she has 
contributions to make. Enactment of S. 331 will make Maria's dreams 
possible. She will be able to pursue a career without fear of losing 
the health care she needs. Let's enact S. 331 now.
  The PRESIDING OFFICER. The time of the Senator has expired. The 
Senator from Virginia.

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