Summary:
All articles in Senate section
AMENDMENTS SUBMITTED
(Senate - September 08, 1995)
Text of this article available as:
[Pages S12968-S13133]
[[Page S 12968]]
AMENDMENTS SUBMITTED
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THE WORK OPPORTUNITY ACT OF 1995
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BINGAMAN AMENDMENTS NOS. 2483-2485
Mr. BINGAMAN proposed three amendments to amendment No. 2280 proposed
by Mr. Dole to the bill (H.R. 4) to restore the American family, reduce
illegitimacy, control welfare spending, and reduce welfare dependence;
as follows:
Amendment No. 2483
Beginning with page 11, line 8, strike all through page 14,
line 16, and insert the following:
``SEC. 402. ELIGIBLE STATES; STATE PLANS.
``(a) In General.--As used in this part, the term `eligible
State' means, with respect to a fiscal year, a State that has
submitted to the Secretary a single comprehensive State
Family Assistance Program Strategic Plan (hereafter referred
to in this section as the `State Plan') outlining a 5-year
strategy for the statewide program.
``(b) Family Assistance Program Strategic Plan Parts.--Each
State plan shall contain 2 parts:
``(1) 5-year plan.--The first part of the State plan shall
describe a 5-year strategic plan for the statewide program
designed to meet the State goals and reach the State
benchmarks for each of the essential program activities of
the family assistance program.
``(2) Annual certification.--The second part of the State
plan shall contain a certification by the chief executive
officer of the State that, during the fiscal year, the State
family assistance program will include each of the essential
program activities specified in subsection (h)(6).
``(c) Contents of the State Plan.--The State plan shall
include:
``(1) State goals.--A description of the goals of the 5-
year plan, including outcome related goals of and benchmarks
for each of the essential program activities of the family
assistance program.
``(2) Current year plan.--A description of how the goals
and benchmarks described in paragraph (1) will be achieved,
or how progress toward the goals and benchmarks will be
achieved, during the fiscal year in which the plan has been
submitted.
``(3) Performance indicators.--A description of performance
indicators to be used in measuring or assessing the relevant
output service levels and outcomes of each of the essential
program activities and other relevant program activities.
``(4) External factors.--An identification of those key
factors external to the program and beyond the control of the
State that could significantly affect the attainment of the
goals and benchmarks.
``(5) Evaluation mechanisms.--A description of a mechanism
for conducting program evaluation, to be used to compare
actual results with the goals and benchmarks and designate
the results on a scale ranging from highly successful to
failing to reach the goals and benchmarks of the program.
``(6) Minimum participation rates.--A description of how
the minimum participation rates specified in section 404 will
be satisfied.
``(7) Estimate of expenditures.--An estimate of the total
amount of State or local expenditures under the program for
the fiscal year in which the plan is submitted.
``(d) Determinations.--The Secretary shall determine
whether a plan submitted pursuant to subsection (a) contains
the material required by subsection (b).
``(e) State Work Opportunity Planning Boards.--
``(1) In general.--A Governor of a State that receives a
grant under section 403 may establish a State Work
Opportunity Planning Board (referred to in this section as
``the Board'') in accordance with this section.
``(2) Membership.--Membership of the Board shall include--
``(A) persons with leadership experience in private
business, industry, and voluntary organizations;
``(B) representatives of State departments or agencies
responsible for implementing and overseeing programs funded
under this title;
``(C) elected officials representing various jurisdictions
included in the State plan;
``(D) representatives of private and non-profit
organizations participating in implementation of the State
plan;
``(E) the general public; and
``(F) any other individuals and representatives of
community-based organizations that the Governor may
designate.
``(3) Chairperson.--The Board shall select a chairperson
from among the members of the Board.
``(4) Functions.--The functions of the Board shall
include--
``(A) advising the Governor and State legislature on the
development of the statewide family assistance program, the
State plan described in subsections (a) and (b), and the
State goals and State benchmarks;
``(B) assisting in the development of specific performance
indicators to measure progress toward meeting the State goals
and reaching the State benchmarks and providing guidance on
how such progress may be improved;
``(C) serving as a link between business, industry, labor,
non-profit and community-based organizations, and the
statewide system;
``(D) assisting in preparing annual reports required under
this part;
``(E) receiving and commenting on the State plan developed
under subsection (a); and
``(F) assisting in the monitoring and continuous
improvement of the performance of the State family assistance
program, including evaluation of the effectiveness of
activities and program funded under this title.
On page 14, line 17, strike ``(b)'' and insert ``(f)''.
On page 15, line 12, strike ``(c)'' and insert ``(g)''.
On page 15, line 20, strike ``(d)'' and insert ``(h)''.
On page 16, between lines 22 and 23, insert the following:
``(6) Essential program activities.--The term `essential
program activities' includes the following activities:
``(A) Assistance provided to needy families with not less
than 1 minor child (or any expectant family).
``(B) Work preparation and work experience activities for
parents or caretakers in needy families with not less than 1
minor child, including assistance in finding employment,
child care assistance, and other support services that the
State considers appropriate to enable such families to become
self-sufficient and leave the program.
``(C) The requirement for parents or caretakers receiving
assistance under the program to engage in work activities in
accordance with section 404 and to enter into a personal
responsibility contract in accordance with section 405(a).
``(D) The child protection program operated by the State in
accordance with part B.
``(E) The foster care and adoption assistance program
operated by the State in accordance with part E.
``(F) The child support enforcement program operated by the
State in accordance with part D.
``(G) A teenage pregnancy prevention program, including
efforts to reduce and prevent out-of-wedlock pregnancies.
``(H) Participation in the income and eligibility
verification system required by section 1137.
``(I) The establishment and operation of a privacy system
that restricts the use and disclosure of information about
individuals and families receiving assistance under the
program.
``(J) A certification identifying the State agencies or
entities administering the program.
``(K) The establishment and operation of a reporting system
for reports required under this part.
____
Amendment No. 2484
At the end of section 201 of the amendment, add the
following new subsection:
(d) Funding of Certain Programs for Drug Addicts and
Alcoholics.--
(1) In general.--Out of any money in the Treasury not
otherwise appropriated, there are hereby appropriated--
(A) for carrying out section 1971 of the Public Health
Service Act (as amended by paragraph (2) of this subsection),
$95,000,000 for each of the fiscal years 1997 through 2000;
and
(B) for carrying out the medication development project to
improve drug abuse and drug treatment research (administered
through the National Institute on Drug Abuse), $5,000,000 for
each of the fiscal years 1997 through 2000.
(2) Capacity expansion program regarding drug abuse
treatment.--Section 1971 of the Public Health Service Act (42
U.S.C. 300y) is amended--
(A) in subsection (a)(1), by adding at the end the
following sentence: ``This paragraph is subject to subsection
(j).'';
(B) by redesignating subsection (j) as subjection (k);
(C) in subsection (j) (as so redesignated), by inserting
before the period the following: ``and for each of the fiscal
years 1995 through 2000;'' and
(D) by inserting after subsection (i) the following
subsection:
``(j) Formula Grants for Certain Fiscal Years.--
``(1) In general.--For each of the fiscal years 1997
through 2000, the Director shall, for the purpose described
in subsection (a)(1), make a grant to each State that submits
to the Director an application in accordance with paragraph
(2). Such a grant for a State shall consist of the allotment
determined for the State under paragraph (3). For each of the
fiscal years 1997 through 2000, grants under this paragraph
shall be the exclusive grants under this section.
``(2) Requirements.--The Director may make a grant under
paragraph (1) only if, by the date specified by the Director,
the State submits to the Director an application for the
grant that is in such form, is made in such manner, and
contain such agreements, assurances, and information as the
Director determines to be necessary to carry out this
subsection, and if the application contains an agreement by
the State in accordance with the following:
``(A) The State will expend the grant in accordance with
the priority described in subsection (b)(1).
``(B) The State will comply with the conditions described
in each of subsections (c), (d), (g), and (h).
``(3) Allotment.--
``(A) For purposes of paragraph (1), the allotment under
this paragraph for a fiscal
[[Page S 12969]]
year shall, except as provided in subparagraph (B), be the product of--
``(i) the amount appropriated in section 601(d)(1)(A) of
the Work Opportunity Act of 1995 for the fiscal year,
together with any additional amounts appropriated to carry
out this section for the fiscal year; and
``(ii) the percentage determined for the State under he
formula established in section 1933(a).
``(B) Subsections (b) through (d) of section 1933 apply to
an allotment under subparagraph (A) to the same extent and in
the same manner as such subsections apply to an allotment
under subsection (a) of section 1933.''.
____
Amendment No. 2485
On page 374, line 2, insert ``and not reserved under
paragraph (3)'' after ``734(b)(2)''.
On page 374, between lines 21 and 22, insert the following:
(3) Reservation for indian vocational education grants.--
From amounts made available under section 734(b)(2) for a
fiscal year, the Secretary shall reserve $4,000,000 for such
year to award grants, to tribally controlled postsecondary
vocational institutions to enable such institutions to carry
out activities described in subsection (d), on the basis of a
formula that--
(A) takes into consideration--
(i) the costs of basic operational support at such
institutions; and
(ii) the availability to such institutions of Federal funds
not provided under this paragraph for such costs; and
(B) is consistent with the purpose of section 382 of the
Carl D. Perkins Vocational and Applied Technology Education
Act (20 U.S.C. 2397).
______
LEVIN AMENDMENT NO. 2486
Mr. LEVIN proposed an amendment to amendment No. 2280 proposed by Mr.
Dole to the bill H.R. 4, supra; as follows:
On page 12, between lines 22 and 23, insert the following:
``(G) Community service.--Not later than 3 years after the
date of the enactment of the Work Opportunity Act of 1995,
should (and not later than 7 years after such date, shall)
offer to, and require participation by, a parent or caretaker
receiving assistance under the program who, after receiving
such assistance for 6 months--
``(i) is not exempt from work requirements; and
``(ii) is not engaged in work as determined under section
404(c),
in community service employment, with minimum hours per week
and tasks to be determined by the State.
On page 35, between lines 2 and 3, insert the following:
``(6) Certain community service excluded.--An individual
performing community service pursuant to the requirement
under section 402(a)(1)(G) shall be excluded from the
determination of a State's participation rate.
______
BREAUX AMENDMENTS NOS. 2487-2488
Mr. BREAUX proposed two amendments to amendment No. 2280 proposed by
Mr. Dole to the bill H.R. 4, supra; as follows:
Amendment No. 2487
On page 23, beginning on line 7, strike all through page
24, line 18, and insert the following:
``(5) Welfare partnership.--
``(A) In general.--the amount of the grant otherwise
determined under paragraph (1) for fiscal year 1997, 1998,
1999, or 2000 shall be reduced by the amount by which State
expenditures under the State program funded under this part
for the preceding fiscal year is less than 100 percent of
historic State expenditures.
``(B) Historic state expenditures.--For purposes of this
paragraph--
``(i) In general.--The term `historic State expenditures'
means expenditures by a State under parts A and F of title IV
for fiscal year 1994, as in effect during such fiscal year.
``(ii) Hold harmless.--In no event shall the historic State
expenditures applicable to any fiscal year exceed the amount
which bears the same ratio to the amount determined under
clause (i) as--
``(I) the grant amount otherwise determined under paragraph
(1) of the preceding fiscal year (without regard to section
407), bears to
``(II) the total amount of Federal payments to the State
under section 403 for fiscal year 1994 (as in effect during
such fiscal year).
``(C) Determination of state expenditures for preceding
fiscal year.--
``(i) In general.--For purposes of this paragraph, the
expenditures of a State under the State program funded under
this part for a preceding fiscal year shall be equal to the
sum of the State's expenditures under the program in the
preceding fiscal year for--
``(I) cash assistance;
``(II) child care assistance;
``(III) education, job training, and work; and
``(IV) administrative costs.
``(ii) Transfers from other state and local programs.--In
determining State expenditures under clause (i), such
expenditures shall not include funding supplanted by
transfers from other State and local programs.
``(D) Exclusion of federal amounts.--For purposes of this
paragraph, State expenditures shall not include any
expenditures from amounts made available by the Federal
Government.
____
Amendment No. 2488
On page 23, beginning on line 7, strike all through page
24, line 18, and insert the following:
``(5) Welfare partnership.--
``(A) In general.--The amount of the grant otherwise
determined under paragraph (1) for fiscal year 1997, 1998,
1999, or 2000 shall be reduced by the amount by which State
expenditures under the State program funded under this part
for the preceding fiscal year is less than 90 percent of
historic State expenditures.
``(B) Historic state expenditures.--For purposes of this
paragraph--
``(i) In general.--The term `historic State expenditures'
means expenditures by a State under parts A and F of title IV
for fiscal year 1994, as in effect during such fiscal year.
``(ii) Hold harmless.--In no event shall the historic State
expenditures applicable to any fiscal year exceed the amount
which bears the same ratio to the amount determined under
clause (i) as--
``(I) the grant amount otherwise determined under paragraph
(1) for the preceding fiscal year (without regard to section
407), bears to
``(II) the total amount of Federal payments to the State
under section 403 for fiscal year 1994 (as in effect during
such fiscal year).
``(C) Determination of state expenditures for preceding
fiscal year.--
``(i) In general.--For purposes of this paragraph, the
expenditures of a State under the State program funded under
this part for a preceding fiscal year shall be equal to the
sum of the State's expenditures under the program in the
preceding fiscal year for--
``(I) cash assistance;
``(II) child care assistance;
``(III) education, job training, and work; and
``(IV) administrative costs.
``(ii) Transfers from other state and local programs.--In
determining State expenditures under clause (i), such
expenditures shall not include funding supplanted by
transfers from other State and local programs.
``(D) Exclusion of federal amounts.--For purposes of this
paragraph, State expenditures shall not include any
expenditures from amounts made available by the Federal
Government.
______
BREAUX (AND OTHERS) AMENDMENT NO. 2489
Mr. BREAUX (for himself, Mr. Daschle, Mr. Kennedy, and Mr. Pell)
proposed an amendment to amendment No. 2280 proposed by Mr. Dole to the
bill H.R. 4, supra, as follows:
In section 703(39), strike ``(8)'' and all that follows and
insert ``(9) of section 716(a).''.
In section 714(c)(2)(B), strike clause (vii) and insert the
following:
``(vii) the steps the State will take over the 3 years
covered by the plan to comply with the requirements specified
in section 716(a)(3) relating to the provision of education
and training services;''.
In section 716(a)(1)(A), strike ``and (4)'' and insert
``(4), and (5)''.
In section 716(a)(1), strike subparagraph (B) and insert
the following:
``(B) may be used to carry out the activities described in
paragraphs (6), (7), (8), and (9).''.
In section 716(a), strike paragraph (9).
In section 716(a)(8), strike ``(8)'' and insert ``(9)''.
In section 716(a)(7), strike ``(7)'' and insert ``(8)''.
In section 716(a)(6), strike ``(6)'' and insert ``(7)''.
In section 716(a)(5), strike ``(5)'' and insert ``(6)''.
In section 716(a)(4), strike ``(4)'' and insert ``(5)''.
In section 716(a)(3), strike ``(3)'' and insert ``(4)''.
In section 716(a), insert after paragraph (2) the
following:
``(3) Education and training services.--
``(A) In general.--The State shall use a portion of the
funds described in paragraph (1) to provide education and
training services in accordance with this paragraph to
adults, each of whom--
``(i) is unable to obtain employment through core services
described in paragraph (2)(B);
``(ii) needs the education and training services in order
to obtain employment, as determined through--
``(I) an initial assessment under paragraph (2)(B)(ii); or
``(II) a comprehensive and specialized assessment; and
``(iii) is unable to obtain other grant assistance, such as
a Pell Grant provided under title IV of the Higher Education
Act of 1965 (20 U.S.C. 1070 et seq.), for such services.
``(B) Types of services.--Such education and training
services may include the following:
``(i) Occupational skills training, including training for
nontraditional employment.
``(ii) On-the-job training.
``(iii) Services that combine workplace training with
related instruction.
[[Page S 12970]]
``(iv) Skill upgrading and retraining.
``(v) Entrepreneurial training.
``(vi) Preemployment training to enhance basic workplace
competencies, provided to individuals who are determined
under guidelines developed by the Federal Partnership to be
low-income.
``(vii) Customized training conducted with a commitment by
an employer or group of employers to employ an individual on
successful completion of the training.
``(C) Use of vouchers for dislocated workers.--
``(i) In general.--Except as provided in clauses (ii) and
(iii), education and training services described in
subparagraph (B) shall be provided to dislocated workers
through a system of vouchers that is administered through
one-stop delivery described in paragraph (2).
``(ii) Exceptions.--Education and training services
described in subparagraph (B) may be provided to dislocated
workers in a substate area through a contract for services in
lieu of a voucher if--
``(I) the local partnership described in section 728(a), or
local workforce development board described in section
728(b), for the substate area determines there are an
insufficient number of eligible entities in the substate area
to effectively provide the education and training services
through a voucher system;
``(II) the local partnership or local workforce development
board determines that the eligible entities in the substate
area are unable to effectively provide the education and
training services to special participant populations; or
``(III) the local partnership or local workforce
development board decides that the education and training
services shall be provided through a direct contract with a
community-based organization serving special participant
populations.
``(iii) Prohibition on provision of on-the-job training
through vouchers.--On-the-job training provided under this
paragraph shall not be provided through a voucher system.
``(D) Eligibility of education and training service
providers.--
``(i) Eligibility requirements.--An entity shall be
eligible to provide the education and training services
through a program carried out under this paragraph and
receive funds from the portion described in subparagraph (A)
through the receipt of vouchers if--
``(I)(aa) the entity is eligible to carry out the program
under title IV of the Higher Education Act of 1965; or
``(bb) the entity is eligible to carry out the program
under an alternative eligibility procedure established by the
Governor of the State that includes criteria for minimum
acceptable levels of performance; and
``(II) the entity submits accurate performance-based
information required pursuant to clause (ii),
``(ii) Performance-based information.--The State shall
identify performance-based information that is to be
submitted by an entity for the entity to be eligible to
provide the services, and receive the funds, described in
clause (i). Such information include information relating
to--
``(I) the percentage of students completing the programs,
if any, through which the entity provides education and
training services described in subparagraph (B), as of the
date of the submission;
``(II) the rates of licensure of graduates of the programs;
``(III) the percentage of graduates of the programs meeting
skill standards and certification requirements endorsed by
the National Skill Standards Board established under the
Goals 2000: Educate America Act;
``(IV) the rates of placement and retention in employment,
and earnings, of the graduates of the programs;
``(V) the percentage of students in such a program who
obtained employment in an occupation related to the program;
and
``(VI) the warranties or guarantees provided by such entity
relating to the skill levels or employment to be attained by
recipients of the education and training services provided by
the entity under this paragraph.
``(iii) Administration.--The Governor shall designate a
State agency to collect, verify, and disseminate the
performance-based information submitted pursuant to clause
(ii).
``(iv) On-the-job training exception.--Entities shall not
be subject to the requirements of clauses (i) through (iii)
with respect to on-the-job training activities.''.
In section 716(a)(7) (as so redesignated), strike
subparagraphs (A), (B), and (C).
In subparagraph (D) of section 716(a)(7) (as so
redesignated), strike ``(D)'' and insert ``(A)''.
In section 716(a)(7) (as so redesignated), strike
subparagraph (E).
In subparagraph (F) of section 716(a)(7) (as so
redesignated), strike ``(F)'' and insert ``(B)''.
In section 716(a)(7) (as so redesignated), strike
subparagraph (G).
In subparagraph (H) of section 716(a)(7) (as so
redesignated), strike ``(H)'' and insert ``(C)''.
In subparagraph (I) of section 716(a)(7) (as so
redesignated), strike ``(I)'' and insert ``(D)''.
In section 716(a)(7) (as so redesignated), strike
subparagraph (J).
In subparagraph (K) of section 716(a)(7) (as so
redesignated), strike ``(K)'' and insert ``(E)''.
In subparagraph (L) of section 716(a)(7) (as so
redesignated), strike ``(L)'' and insert ``(F)''.
In subparagraph (M) of section 716(a)(7) (as so
redesignated), strike ``(M)'' and insert ``(G)''.
In subparagraph (N) of section 716(a)(7) (as so
redesignated), strike ``(N)'' and insert ``(H)''.
In subparagraph (O) of section 716(a)(7) (as so
redesignated), strike ``(O)'' and insert ``(I)''.
In section 716(g)(1)(A), strike ``(a)(6)'' and insert
``(a)(7)''.
In section 716(g)(1)(B), strike ``(a)(6)'' and insert
``(a)(7)''.
In section 716(g)(2)(A), strike ``(a)(6)'' and insert
``(a)(7)''.
In section 716(g)(2)(B)(i), strike ``(a)(6)'' and insert
``(a)(7)''.
In section 7(38) of the Rehabilitation Act of 1973 (as
amended by section 804), strike ``(8)'' and all that follows
and insert ``(9) of section 716(a) of the Workforce
Development Act of 1995.''.
______
BREAUX (AND OTHERS) AMENDMENT NO. 2490
Mr. BREAUX (for himself, Mr. Pell, Mr. Kennedy, Mr. Lieberman, Mr.
Bradley, and Mr. Johnston) proposed an amendment to amendment No. 2280
proposed by Mr. Dole to the bill H.R. 4, supra, as follows:
Strikes titles VII and VIII of the amendment.
______
ROCKEFELLER (AND BAUCUS) AMENDMENT NO. 2491
Mr. ROCKEFELLER (for himself and Mr. Baucus) proposed an amendment to
amendment No. 2280 proposed by Mr. Dole to the bill H.R. 4, supra, as
follows:
On page 36, between lines 18 and 19, insert the following:
``(4) Areas of high unemployment.--
``(A) In general.--At the State's option, the State may, on
a uniform basis, exempt a family from the application of
paragraph (1) if--
``(i) such family resides in area of high unemployment
designated by the State under subparagraph (B); and
``(ii) the State makes available, and requires an
individual in the family to participate in, work activities
described in subparagraphs (B), (D), or (F) of section
404(c)(3).
``(B) Areas of high unemployment.--The State may designate
a sub-State area as an area of high unemployment if such
area--
``(i) is a major political subdivision (or is comprised of
2 or more geographically contiguous political subdivisions);
``(ii) has an average annual unemployment rate (as
determined by the Bureau of Labor Statistics) of at least 10
percent; and
``(iii) has at least 25,000 residents.
The State may waive the requirement of clause (iii) in the
case of a sub-State area that is an Indian reservation.
______
ROCKEFELLER AMENDMENT NO. 2492
Mr. ROCKEFELLER proposed an amendment to amendment No. 2280 proposed
by Mr. Dole to the bill H.R. 4, supra, as follows:
On page 35, between lines 2 and 3, insert the following:
``(6) State option for participation requirement
exemptions.--For any fiscal year, a State may opt to not
require an individual described in subclause (I) or (II) of
section 405(a)(3)(B)(ii) to engage in work activities and may
exclude such an individual from the determination of the
minimum participation rate specified for such fiscal year in
subsection (a).
On page 40, strike lines 6 through 16, and insert the
following:
``(B) Limitation.--
``(i) 15 percent.--In addition to any families provided
with exemptions by the State under clause (ii), the number of
families with respect to which an exemption made by a State
under subparagraph (A) is in effect for a fiscal year shall
not exceed 15 percent of the average monthly number of
families to which the State is providing assistance under the
program operated under this part.
``(ii) Certain families.--At the State's option, the State
may provide an exemption under subparagraph (A) to a family--
``(I) of an individual who is ill, incapacitated, or of
advanced age; and
``(II) of an individual who is providing full-time care for
a disabled dependent of the individual.
______
SNOWE (AND BRADLEY) AMENDMENT NO. 2493
Ms. SNOWE (for herself and Mr. Bradley) proposed an amendment to
amendment No. 2280 proposed by Mr. Dole to the bill H.R. 4, supra, as
follows:
Beginning on page 582, strike line 3 and all that follows
through line 2 on page 583, and insert the following:
``(ii) Distribution to the family to satisfy arrearages
that accrued before the family received assistance.--From any
remainder after the application of clause (i), in
[[Page S 12971]]
order to satisfy arrearages of support obligations that accrued before
the family received assistance from the State, the State--
``(I) may distribute to the family the amount so collected
with respect to such arrearages accruing (and assigned to the
State as a condition of receiving assistance) before the
effective date of this subsection; and
``(II) shall distribute to the family the amount so
collected with respect to such arrearages accruing after such
effective date.
``(iii) Retention by the state of a portion of assigned
arrearages to repay assistance furnished to the family.--From
any remainder after the application of clauses (i) and (ii),
the State shall retain (with appropriate distribution to the
Federal Government) amounts necessary to reimburse the State
and Federal Government for assistance furnished to the
family.
``(iv) Distribution of the remainder to the family.--The
State shall distribute to the family any remainder after the
application of clauses (i), (ii), and (iii).
On page 585, between lines 10 and 11, insert the following:
(c) Amendments to Internal Revenue Code Concerning
Collection of Child Support Arrearages Through Income Tax
Refund Offset.--
(1) Section 6402(c) of the Internal Revenue Code of 1986 is
amended by striking the third sentence.
(2) Section 6402(d)(2) of such Code is amended in the first
sentence by striking all that follows ``subsection (c)'' and
inserting a period.
On page 585, line 11, strike ``(c)'' and insert ``(d)''.
______
SNOWE AMENDMENT NO. 2494
Ms. SNOWE proposed an amendment to amendment No. 2280 proposed by Mr.
Dole to the bill H.R. 4, supra, as follows:
On page 36, strike lines 14 through 25, and insert the
following:
``(d) Penalties Against Individuals.--
``(1) In general.--Except as provided in paragraph (2), if
an adult in a family receiving assistance under the State
program funded under this part refuses to engage in work
required under subsection (c)(1) or (c)(2), a State to which
a grant is made under section 403 shall--
``(A) reduce the amount of assistance otherwise payable to
the family pro rata (or more, at the option of the State)
with respect to any period during a month in which the adult
so refuses; or
``(B) terminate such assistance,
subject to such good cause and other exceptions as the State
may establish.
``(2) Exception.--Notwithstanding paragraph (1), a State
may not reduce or terminate assistance under the State
program based on a refusal of an adult to work if such adult
is a single custodial parent caring for a child age 5 or
under and has a demonstrated inability to obtain needed child
care, for one or more of the following reasons:
``(A) Unavailability of appropriate child care within a
reasonable distance of the individual's home or work site.
``(B) Unavailability or unsuitability of informal child
care by a relative or under other arrangements.
``(C) Unavailability of appropriate and affordable formal
child care arrangements.
______
PRYOR AMENDMENT NO. 2495
Mr. PRYOR proposed an amendment to amendment No. 2280 proposed by Mr.
Dole to the bill H.R. 4, supra, as follows:
At the appropriate place in the bill, insert the following:
On page 52, lines 4 through 6, strike ``so used, plus 5
percent of such grant (determined without regard to this
section).'' and insert ``so used. If the Secretary determines
that such unlawful expenditure was made by the State in
intentional violation of the requirements of this part, then
the Secretary shall impose an additional penalty of up to 5
percent of such grant (determined without regard to this
section).''.
On page 56, between lines 9 and 10, insert the following:
``(d) Compliance Plan.--
``(1) In general.--Prior to the deduction from the grant of
aggregate penalties under subsection (a) in excess of 5
percent of a State's grant payable under section 403, a State
may develop jointly with the Secretary a plan which outlines
how the State will correct any violations for which such
penalties would be deducted and how the State will insure
continuing compliance with the requirements of this part.
``(2) Failure to correct.--If the Secretary determines that
a State has not corrected the violations described in
paragraph (1) in a timely manner, the Secretary shall deduct
some or all of the penalties described in paragraph (1) from
the grant.''.
On page 56, strike lines 11 through 14, and insert the
following:
``(1) In general.--The penalties described in paragraphs
(2) through (6) of subsection (a) shall apply--
``(A) with respect to periods beginning 6 months after the
Secretary issues final rules with respect to such penalties;
or
``(B) with respect to fiscal years beginning on or after
October 1, 1996;
whichever is later.''.
______
BRADLEY AMENDMENTS NOS. 2496-2498
Mr. BRADLEY proposed three amendments to amendment No. 2280 proposed
by Mr. Dole to the bill H.R. 4, supra, as follows:
Amendment No. 2496
At the end of section 402(a), insert the following:
``(9) Additional requirements.--
``(A) Eligibility.--The terms and conditions under which
families are deemed needy and eligible for assistance under
the program.
``(B) Terms and conditions.--The terms and conditions
described in subparagraph (A) shall include--
``(i) a need standard based on family income and size;
``(ii) a standard for benefits or schedule of benefits for
families based on family size and income;
``(iii) explicit rules regarding the treatment of earned
and unearned income, resources, and assets; and
``(iv) a description of any variations in the terms and
conditions described in clauses (i), (ii), and (iii) that are
applicable in--
``(I) regions or localities within the State; or
``(II) particular circumstances.
``(C) Identification of families categorically ineligible
for assistance--Identification of any categories of families,
or individuals within such families, that are deemed by the
State to be categorically ineligible for assistance under the
program, regardless of family income or other terms and
conditions developed under subparagraph (A).
``(D) Assurances regarding the provision of assistance.--
Assurances that all families deemed eligible for assistance
under the program under subparagraph (A) shall be provided
assistance under the standard for benefits or the benefit
schedule described in subparagraph (B)(ii), unless--
``(i) the family or an individual member of the family is
categorically ineligible for assistance under subparagraph
(C); or
``(ii) the family is subject to sanctions or reductions in
benefits under terms of another provision of the State plan,
this part, Federal or State law, or an agreement between an
individual recipient of assistance in such family and the
State that may contain terms and conditions applicable only
to the individual recipient.
``(E) Procedures for ensuring the availability of funds.--
The procedures under which the State shall ensure that funds
will remain available to provide assistance under the program
to all eligible families during a fiscal year if the State
exhausts the grant provided to the State for such fiscal year
under section 403.
``(F) Waiting lists.--Assurances that no family otherwise
eligible for assistance under the program shall be placed on
a waiting list for assistance or instructed to reapply at
such time that additional Federal funds may become available.
____
Amendment No. 2497
At the end of section 405, insert the following:
``(f) No Unfunded Local Mandates.--A State to which a grant
is made under section 403 may not, by mandate or policy,
shift the costs of providing aid or assistance that, prior to
October 1, 1995 (or March 31, 1996, in the case of a State
exercising the option described in section 110(b) of the
Family Self-Sufficiency Act of 1995) was provided under the
aid to families with dependent children or the JOBS programs
(as such programs were in effect on September 30, 1995) to--
``(1) counties;
``(2) localities;
``(3) school boards; or
``(4) other units of local government.
____
Amendment No. 2498
At the appropriate place at the end of Title I, add the
following:
Nothing in this Act shall in interpreted to preempt the
enforcement of existing civil rights laws.
______
BOND AMENDMENT NO. 2499
Mr. BOND proposed an amendment to amendment No. 2280 proposed by Mr.
Dole to the bill H.R. 4, supra, as follows:
At the appropriate place in the bill, insert the following:
``Notwithstanding any other provision of law, States shall
not be prohibited by the federal government from sanctioning
welfare recipients who test positive for use of controlled
substances.''
______
GLENN AMENDMENT NO. 2500
Mr. GLENN proposed an amendment to amendment No. 2280 proposed by Mr.
Dole to the bill H.R. 4, supra, as follows:
On page 322, strike lines 8 through 14 and insert the
following:
(8) Displaced homemaker.--The term ``displaced homemaker''
means an individual who--
(A) has been dependent
(i) on assistance under part A of title IV of the Social
Security Act and whose youngest child is not younger than 16;
or
(ii) on the income of another family member, but is no
longer supported by such income; and
[[Page S 12972]]
(B) is unemployed or underemployed, and is experiencing
difficulty in obtaining or upgrading employment.
On page 359, line 13, strike ``and''.
On page 359, line 16, strike the period and insert
``;and''.
On page 359, between lines 16 and 17, insert the following;
(P) Preemployment training for displaced homemakers.
On page 364, between lines 9 and 10, insert the following:
(6) providing programs for single parents, displaced
homemakers, and single pregnant women;
On page 364, line 10, strike ``(6)'' and insert ``(7)''.
On page 364, line 12, strike ``(7)'' and insert ``(8)''.
On page 412, line 4, strike ``and''.
On page 412, line 5, strike the period and insert ``;
and''.
On page 412, between lines 5 and 6, insert the following:
(G) displaced homemakers.
______
PRESSLER AMENDMENT NO. 2501
Mr. GRASSLEY (for Mr. Pressler) proposed an amendment to amendment
No. 2280 proposed by Mr. Dole to the bill H.R. 4, supra, as follows:
On page 77, line 21, strike the end quotation marks and the
end period.
On page 77, between lines 21 and 22, insert the following:
``SEC. 418. COLLECTION OF OVERPAYMENTS FROM FEDERAL TAX
REFUNDS.
``(a) In General.--Upon receiving notice from the Secretary
of Health and Human Services that a State agency
administering a plan approved under this part has notified
the Secretary that a named individual has been overpaid under
the State plan approved under this part, the Secretary of the
Treasury shall determine whether any amounts as refunds of
Federal taxes paid are payable to such individual, regardless
of whether such individual filed a tax return as a married or
unmarried individual. If the Secretary of the Treasury finds
that any such amount is payable, the Secretary shall withhold
from such refunds an amount equal to the overpayment sought
to be collected by the State and pay such amount to the State
agency.
``(b) Regulations.--The Secretary of the Treasury shall
issue regulations, after review by the Secretary of Health
and Human Services, that provide--
``(1) that a State may only submit under subsection (a)
requests for collection of overpayments with respect to
individuals--
``(A) who are no longer receiving assistance under the
State plan approved under this part;
``(B) with respect to whom the State has already taken
appropriate action under State law against the income or
resources of the individuals or families involved to collect
the past-due legally enforceable debt; and
``(C) to whom the State agency has given notice of its
intent to request withholding by the Secretary of the
Treasury from the income tax refunds of such individuals;
``(2) that the Secretary of the Treasury will give a timely
and appropriate notice to any other person filing a joint
return with the individual whose refund is subject to
withholding under subsection (a); and
``(3) the procedures that the State and the Secretary of
the Treasury will follow in carrying out this section which,
to the maximum extent feasible and consistent with the
specific provisions of this section, will be the same as
those issued pursuant to section 464(b) applicable to
collection of past-due child support.''.
(c) Conforming Amendments Relating to Collection of
Overpayments.--
(1) Section 6402 of the Internal Revenue Code of 1986
(relating to authority to make credits or refunds) is
amended--
(A) in subsection (a), by striking ``(c) and (d)'' and
inserting ``(c), (d), and (e)'';
(B) by redesignating subsections (e) through (i) as
subsections (f) through (j), respectively; and
(C) by inserting after subsection (d) the following:
``(e) Collection of Overpayments Under Title IV-A of the
Social Security Act.--The amount of any overpayment to be
refunded to the person making the overpayment shall be
reduced (after reductions pursuant to subsections (c) and
(d), but before a credit against future liability for an
internal revenue tax) in accordance with section 418 of the
Social Security Act (concerning recovery of overpayments to
individuals under State plans approved under part A of title
IV of such Act).''.
(2) Paragraph (10) of section 6103(l) of such Code is
amended--
(A) by striking ``(c) or (d)'' each place it appears and
inserting ``(c), (d), or (e)''; and
(B) by adding at the end of subparagraph (B) the following
new sentence: ``Any return information disclosed with respect
to section 6402(e) shall only be disclosed to officers and
employees of the State agency requesting such information.''.
(3) The matter preceding subparagraph (A) of section
6103(p)(4) of such Code is amended--
(A) by striking ``(5), (10)'' and inserting ``(5)''; and
(B) by striking ``(9), or (12)'' and inserting ``(9), (10),
or (12)''.
(4) Section 552a(a)(8)(B)(iv)(III) of title 5, United
States Code, is amended by striking ``section 464 or 1137 of
the Social Security Act'' and inserting ``section 418, 464,
or 1137 of the Social Security Act.''
______
WELLSTONE AMENDMENTS NOS. 2503-2500
Mr. WELLSTONE proposed four amendments to amendment No. 2280 proposed
by Mr. Dole to the bill H.R. 4, supra, as follows:
Amendment No. 2503
On page 229, between lines 13 and 14, insert the following:
``(4) Sunset of election upon increase in number of hungry
children.--
``(A) Findings.--The Congress finds that--
``(i) on March 29, 1995 the Senate adopted a resolution
stating that Congress should not enact or adopt any
legislation that will increase the number of children who are
hungry;
``(ii) it is not the intent of this bill to cause more
children to be hungry;
``(iii) the Food Stamp Program serves to prevent child
hunger;
``(iv) a State's election to participate in the optional
state food assistance block grant program should not serve to
increase the number of hungry children in that State; and
``(v) one indicator of hunger among children is the child
poverty rate.
``(B) Sunset.--If the Secretary of Health and Human
Services makes two successive findings that the poverty rate
among children in a State is significantly higher in a State
that has elected to participate in a program established
under subsection (a) than it would have been had there been
no such election, 180 days after the second such finding such
election shall be permanently and irreversibly revoked and
the provisions of paragraphs (1) and (2) shall not be
applicable to that State.
``(C) Procedure for finding by secretary.--In making the
finding described in subparagraph (B), the Secretary shall
adhere to the following procedure:
``(i) Every three years, the Secretary shall develop data
and report to Congress with respect to each State that has
elected to participate in a program established under
subsection (a) whether the child poverty rate in such State
is significantly higher than it would have been had the State
not made such election.
``(ii) The Secretary shall provide the report required
under clause (i) to all States that have elected to
participate in a program established under subsection (a),
and the Secretary shall provide each State for which the
Secretary determined that the child poverty rate is
significantly higher than it would have been had the State
not made such election with an opportunity to respond to such
determination.
``(iii) If the response by a State under clause (ii) does
not result in the Secretary reversing the determination that
the child poverty rate in that State is significantly higher
than it would have been had the State not made such election,
then the Secretary shall publish a finding as described in
subparagraph (B)
____
Amendment No. 2504
On page 124, between lines 12 and 13, insert the following:
``SEC. 113. SUNSET UPON OF INCREASE IN NUMBER OF HUNGRY OR
HOMELESS CHILDREN.
``(a) Findings.--The Congress finds that--
``(1) on March 29, 1995 the Senate adopted a resolution
stating that Congress should not enact or adopt any
legislation that will increase the number of children who are
hungry or homeless;
``(2) it is not the intent of this bill to cause more
children to be hungry or homeless;
``(3) the Aid to Families with Dependent Children program,
which is repealed by this title, has helped prevent hunger
and homelessness among children;
``(4) the operation of block grants for temporary
assistance for needy families under this title should not
serve to increase significantly the number of hungry or
homeless children in any State; and
``(5) one indicator of hunger and homelessness among
children is the child poverty rate.
``(b) Sunset.--If the Secretary of Health and Human
Services makes two successive findings that the poverty rate
among children in a State is significantly higher in the
State than it would have been had this title not been
implemented, then all of the provisions of this title shall
cease to be effective with regard to that State 180 days
after the second such finding, making effective any
provisions of law repealed by this title.
``(c) Procedure for Finding by Secretary.--In making the
finding described in subsection (b), the Secretary shall
adhere to the following procedure:
[[Page S 12973]]
``(1) Every three years, the Secretary shall develop data
and report to Congress with respect to each State whether the
child poverty rate in that State is significantly higher than
it would have been had this title not been implemented.
``(2) The Secretary shall provide the report required under
paragraph (1) to all States, and the Secretary shall provide
each State for which the Secretary determined that the child
poverty rate is significantly higher than it would have been
had this title not been implemented with an opportunity to
respond to such determination.
``(3) If the response by a State under paragraph (2) does
not result in the Secretary reversing the determination that
the child poverty rate in that State is significantly higher
than it would have been had this title not been implemented,
then the Secretary shall publish a finding as described in
subsection (b), and the State must implement a plan to
decrease the child poverty rate.''
____
Amendment No. 2505
On page 86, between lines 3 and 4, insert the following:
SEC. 104A. SENSE OF THE SENATE REGARDING CONTINUING MEDICAID
COVERAGE.
(a) Findings.--The Senate finds that--
(1) the potential loss of medicaid coverage represents a
large disincentive for recipients of welfare benefits to
accept jobs that offer no health insurance;
(2) thousands of the Nation's employers continue to find
the cost of health insurance out of reach;
(3) the percentage of working people who receive health
insurance from their employer has dipped to its lowest point
since the early 1980s; and
(4) children have accounted for the largest proportion of
the increase in the number of uninsured in recent years.
(b) Sense of the Senate.--It is the sense of the Senate
that any medicaid reform enacted by the Senate this year
should require that States continue to provide medicaid for
12 months to families who lose eligibility for welfare
benefits because of more earnings or hours of employment.
____
Amendment No. 2506
On page 86; between lines 3 and 4, insert the following:
SEC. 104A. EXTENSION OF TRANSITIONAL MEDICAID BENEFITS.
(a) Findings.--The Senate finds that--
(1) the potential loss of Medicaid coverage represents a
large disincentive for recipients of welfare benefits to
accept jobs that offer no health insurance;
(2) thousands of the Nation's employers continue to find
the cost of health insurance out of reach;
(3) the percentage of working people who receive health
insurance from their employer has dipped to its lowest point
since the early 1980s; and
(4) children have accounted for the largest proportion of
the increase in the number of uninsured in recent years.
(b) Extension of Medicaid Enrollment for Former Temporary
Employment Assistance Recipients for 1 Additional Year.--
(1) In general.--Section 1925(b)(1) (42 U.S.C. 1396r-
6(b)(1)) is amended by striking the period at the end and
inserting the following: ``, and shall provide that the State
shall offer to each such family the option of extending
coverage under this subsection for an additional 2 succeeding
6-month periods in the same manner and under the same
conditions as the option of extending coverage under this
subsection for the first succeeding 6-month period.''.
(2) Conforming amendments.--
(A) In general.--Section 1925 (42 U.S.C. 1396r-6) is
amended--
(i) in subsection (b)--
(I) in the heading, by striking ``Extension'' and inserting
``Extensions'';
(II) in the heading of paragraph (1), by striking
``Requirement'' and inserting ``In general'';
(III) in paragraph (2)(B)(ii)--
(aa) in the heading, by striking ``period'' and inserting
``periods''; and
(bb) by striking ``in the period'' and inserting ``in each
of the 6-month periods'';
(IV) in paragraph (3)(A), by striking ``the 6-month
period'' and inserting ``any 6-month period'';
(V) in paragraph (4)(A), by striking ``the extension
period'' and inserting ``any extension period''; and
(VI) in paragraph (5)(D)(i), by striking ``is a 3-month
period'' and all that follows and inserting the following:
'`is, with respect to a particular 6-month additional
extension period provided under this subsection, a 3-month
period beginning with the first or fourth month of such
extension period.''; and
(ii) by striking subsection (f).
(B) Family support act.--Section 303(f)(2) of the Family
Support Act of 1988 (42 U.S.C. 602 note) is amended--
(i) by striking ``(A)''; and
(ii) by striking subparagraphs (B) and (C).
(c) Effective Date.--The amendments made by this section
shall apply to medical assistance furnished for calendar
quarters beginning on or after October 1, 1995.
______
COHEN AMENDMENT NO. 2502
Mr. GRASSLEY (for Mr. Cohen) proposed an amendment to amendment No.
2280 proposed by Mr. Dole to the bill H.R. 4, supra, as follows:
On page 78, line 18, insert after ``subsection (a)(2)'' the
following:
``so long as the programs are implemented consistent with
the Establishment Clause of the United States Constitution''
On page 80, line 13, add ``;'' after ``governance'' and
delete lines 14-16.
______
WELLSTONE (AND FEINGOLD) AMENDMENT NO. 2507
Mr. WELLSTONE (for himself and Mr. Feingold) proposed an amendment to
amendment No. 2280 proposed by Mr. Dole to the bill H.R. 4, supra, as
follows:
Beginning on page 161, strike line 7 and all that follows
through page 163, line 1, and insert the following:
SEC. 308. ENERGY ASSISTANCE.
(a) In General.--Section 5(d)(11) of the Food Stamp Act of
1977 (7 U.S.C. 2014(d)(11)) is amended by striking ``any
payments or allowances'' and inserting the following: ``a
one-time payment or allowance for the costs of weatherization
or emergency repair or replacement of an unsafe or
inoperative furnace or other heating or cooling device.''.
(b) Conforming Amendment.--Section 5(k)(1)(A) of the Act (7
U.S.C. 2014(k)(1)(A)) is amended by striking ``plan for aid
to families with dependent children approved'' and inserting
``program funded''.
______
BROWN AMENDMENT NO. 2508
Mr. BROWN proposed an amendment to amendment No. 2280 proposed by Mr.
Dole to the bill H.R. 4, supra, as follows:
On page 25, strike line 4 and insert the following:
1, 1995;
except that not more than 15 percent of the grant may be used
for administrative purposes.
______
SIMON AMENDMENTS NOS. 2509-2510
Mr. SIMON proposed two amendments to amendment No. 2280 proposed by
Mr. Dole to the bill H.R. 4, supra, as follows:
Amendment No. 2509
On page 289, lines 2 through 5, strike ``, or for a period
of 5 years beginning on the day such individual was first
lawfully in the United States after the execution of such
affidavit or agreement, whichever period is longer''.
____
Amendment No. 2510
In title VII, strike chapters 1 and 2 of subtitle C and
insert the following:
CHAPTER 1--GENERAL PROVISIONS
SEC. 741. DEFINITIONS.
As used in this subtitle:
(1) At-risk youth.--The term ``at-risk youth'' means an
individual who--
(A) is not less than age 15 and not more than age 24;
(B) is low-income (as defined in section 723(e));
(C) is 1 or more of the following:
(i) Basic skills deficient.
(ii) A school dropout.
(iii) Homeless or a runaway.
(iv) Pregnant or parenting.
(v) Involved in the juvenile justice system.
(vi) An individual who requires additional education,
training, or intensive counseling and related assistance, in
order to secure and hold employment or participate
successfully in regular schoolwork.
(2) Enrollee.--The term ``enrollee'' means an individual
enrolled in the Job Corps.
(3) Governor.--The term ``Governor'' means the chief
executive officer of a State.
(4) Job corps.--The term ``Job Corps'' means the Job Corps
described in section 743.
(5) Job corps center.--The term ``Job Corps center'' means
a center described in section 743.
(6) Operator.--The term ``operator'' means an individual
selected under this chapter to operate a Job Corps center.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
CHAPTER 2--JOB CORPS
SEC. 742. PURPOSES.
The purposes of this chapter ar
Major Actions:
All articles in Senate section
AMENDMENTS SUBMITTED
(Senate - September 08, 1995)
Text of this article available as:
[Pages S12968-S13133]
[[Page S 12968]]
AMENDMENTS SUBMITTED
______
THE WORK OPPORTUNITY ACT OF 1995
______
BINGAMAN AMENDMENTS NOS. 2483-2485
Mr. BINGAMAN proposed three amendments to amendment No. 2280 proposed
by Mr. Dole to the bill (H.R. 4) to restore the American family, reduce
illegitimacy, control welfare spending, and reduce welfare dependence;
as follows:
Amendment No. 2483
Beginning with page 11, line 8, strike all through page 14,
line 16, and insert the following:
``SEC. 402. ELIGIBLE STATES; STATE PLANS.
``(a) In General.--As used in this part, the term `eligible
State' means, with respect to a fiscal year, a State that has
submitted to the Secretary a single comprehensive State
Family Assistance Program Strategic Plan (hereafter referred
to in this section as the `State Plan') outlining a 5-year
strategy for the statewide program.
``(b) Family Assistance Program Strategic Plan Parts.--Each
State plan shall contain 2 parts:
``(1) 5-year plan.--The first part of the State plan shall
describe a 5-year strategic plan for the statewide program
designed to meet the State goals and reach the State
benchmarks for each of the essential program activities of
the family assistance program.
``(2) Annual certification.--The second part of the State
plan shall contain a certification by the chief executive
officer of the State that, during the fiscal year, the State
family assistance program will include each of the essential
program activities specified in subsection (h)(6).
``(c) Contents of the State Plan.--The State plan shall
include:
``(1) State goals.--A description of the goals of the 5-
year plan, including outcome related goals of and benchmarks
for each of the essential program activities of the family
assistance program.
``(2) Current year plan.--A description of how the goals
and benchmarks described in paragraph (1) will be achieved,
or how progress toward the goals and benchmarks will be
achieved, during the fiscal year in which the plan has been
submitted.
``(3) Performance indicators.--A description of performance
indicators to be used in measuring or assessing the relevant
output service levels and outcomes of each of the essential
program activities and other relevant program activities.
``(4) External factors.--An identification of those key
factors external to the program and beyond the control of the
State that could significantly affect the attainment of the
goals and benchmarks.
``(5) Evaluation mechanisms.--A description of a mechanism
for conducting program evaluation, to be used to compare
actual results with the goals and benchmarks and designate
the results on a scale ranging from highly successful to
failing to reach the goals and benchmarks of the program.
``(6) Minimum participation rates.--A description of how
the minimum participation rates specified in section 404 will
be satisfied.
``(7) Estimate of expenditures.--An estimate of the total
amount of State or local expenditures under the program for
the fiscal year in which the plan is submitted.
``(d) Determinations.--The Secretary shall determine
whether a plan submitted pursuant to subsection (a) contains
the material required by subsection (b).
``(e) State Work Opportunity Planning Boards.--
``(1) In general.--A Governor of a State that receives a
grant under section 403 may establish a State Work
Opportunity Planning Board (referred to in this section as
``the Board'') in accordance with this section.
``(2) Membership.--Membership of the Board shall include--
``(A) persons with leadership experience in private
business, industry, and voluntary organizations;
``(B) representatives of State departments or agencies
responsible for implementing and overseeing programs funded
under this title;
``(C) elected officials representing various jurisdictions
included in the State plan;
``(D) representatives of private and non-profit
organizations participating in implementation of the State
plan;
``(E) the general public; and
``(F) any other individuals and representatives of
community-based organizations that the Governor may
designate.
``(3) Chairperson.--The Board shall select a chairperson
from among the members of the Board.
``(4) Functions.--The functions of the Board shall
include--
``(A) advising the Governor and State legislature on the
development of the statewide family assistance program, the
State plan described in subsections (a) and (b), and the
State goals and State benchmarks;
``(B) assisting in the development of specific performance
indicators to measure progress toward meeting the State goals
and reaching the State benchmarks and providing guidance on
how such progress may be improved;
``(C) serving as a link between business, industry, labor,
non-profit and community-based organizations, and the
statewide system;
``(D) assisting in preparing annual reports required under
this part;
``(E) receiving and commenting on the State plan developed
under subsection (a); and
``(F) assisting in the monitoring and continuous
improvement of the performance of the State family assistance
program, including evaluation of the effectiveness of
activities and program funded under this title.
On page 14, line 17, strike ``(b)'' and insert ``(f)''.
On page 15, line 12, strike ``(c)'' and insert ``(g)''.
On page 15, line 20, strike ``(d)'' and insert ``(h)''.
On page 16, between lines 22 and 23, insert the following:
``(6) Essential program activities.--The term `essential
program activities' includes the following activities:
``(A) Assistance provided to needy families with not less
than 1 minor child (or any expectant family).
``(B) Work preparation and work experience activities for
parents or caretakers in needy families with not less than 1
minor child, including assistance in finding employment,
child care assistance, and other support services that the
State considers appropriate to enable such families to become
self-sufficient and leave the program.
``(C) The requirement for parents or caretakers receiving
assistance under the program to engage in work activities in
accordance with section 404 and to enter into a personal
responsibility contract in accordance with section 405(a).
``(D) The child protection program operated by the State in
accordance with part B.
``(E) The foster care and adoption assistance program
operated by the State in accordance with part E.
``(F) The child support enforcement program operated by the
State in accordance with part D.
``(G) A teenage pregnancy prevention program, including
efforts to reduce and prevent out-of-wedlock pregnancies.
``(H) Participation in the income and eligibility
verification system required by section 1137.
``(I) The establishment and operation of a privacy system
that restricts the use and disclosure of information about
individuals and families receiving assistance under the
program.
``(J) A certification identifying the State agencies or
entities administering the program.
``(K) The establishment and operation of a reporting system
for reports required under this part.
____
Amendment No. 2484
At the end of section 201 of the amendment, add the
following new subsection:
(d) Funding of Certain Programs for Drug Addicts and
Alcoholics.--
(1) In general.--Out of any money in the Treasury not
otherwise appropriated, there are hereby appropriated--
(A) for carrying out section 1971 of the Public Health
Service Act (as amended by paragraph (2) of this subsection),
$95,000,000 for each of the fiscal years 1997 through 2000;
and
(B) for carrying out the medication development project to
improve drug abuse and drug treatment research (administered
through the National Institute on Drug Abuse), $5,000,000 for
each of the fiscal years 1997 through 2000.
(2) Capacity expansion program regarding drug abuse
treatment.--Section 1971 of the Public Health Service Act (42
U.S.C. 300y) is amended--
(A) in subsection (a)(1), by adding at the end the
following sentence: ``This paragraph is subject to subsection
(j).'';
(B) by redesignating subsection (j) as subjection (k);
(C) in subsection (j) (as so redesignated), by inserting
before the period the following: ``and for each of the fiscal
years 1995 through 2000;'' and
(D) by inserting after subsection (i) the following
subsection:
``(j) Formula Grants for Certain Fiscal Years.--
``(1) In general.--For each of the fiscal years 1997
through 2000, the Director shall, for the purpose described
in subsection (a)(1), make a grant to each State that submits
to the Director an application in accordance with paragraph
(2). Such a grant for a State shall consist of the allotment
determined for the State under paragraph (3). For each of the
fiscal years 1997 through 2000, grants under this paragraph
shall be the exclusive grants under this section.
``(2) Requirements.--The Director may make a grant under
paragraph (1) only if, by the date specified by the Director,
the State submits to the Director an application for the
grant that is in such form, is made in such manner, and
contain such agreements, assurances, and information as the
Director determines to be necessary to carry out this
subsection, and if the application contains an agreement by
the State in accordance with the following:
``(A) The State will expend the grant in accordance with
the priority described in subsection (b)(1).
``(B) The State will comply with the conditions described
in each of subsections (c), (d), (g), and (h).
``(3) Allotment.--
``(A) For purposes of paragraph (1), the allotment under
this paragraph for a fiscal
[[Page S 12969]]
year shall, except as provided in subparagraph (B), be the product of--
``(i) the amount appropriated in section 601(d)(1)(A) of
the Work Opportunity Act of 1995 for the fiscal year,
together with any additional amounts appropriated to carry
out this section for the fiscal year; and
``(ii) the percentage determined for the State under he
formula established in section 1933(a).
``(B) Subsections (b) through (d) of section 1933 apply to
an allotment under subparagraph (A) to the same extent and in
the same manner as such subsections apply to an allotment
under subsection (a) of section 1933.''.
____
Amendment No. 2485
On page 374, line 2, insert ``and not reserved under
paragraph (3)'' after ``734(b)(2)''.
On page 374, between lines 21 and 22, insert the following:
(3) Reservation for indian vocational education grants.--
From amounts made available under section 734(b)(2) for a
fiscal year, the Secretary shall reserve $4,000,000 for such
year to award grants, to tribally controlled postsecondary
vocational institutions to enable such institutions to carry
out activities described in subsection (d), on the basis of a
formula that--
(A) takes into consideration--
(i) the costs of basic operational support at such
institutions; and
(ii) the availability to such institutions of Federal funds
not provided under this paragraph for such costs; and
(B) is consistent with the purpose of section 382 of the
Carl D. Perkins Vocational and Applied Technology Education
Act (20 U.S.C. 2397).
______
LEVIN AMENDMENT NO. 2486
Mr. LEVIN proposed an amendment to amendment No. 2280 proposed by Mr.
Dole to the bill H.R. 4, supra; as follows:
On page 12, between lines 22 and 23, insert the following:
``(G) Community service.--Not later than 3 years after the
date of the enactment of the Work Opportunity Act of 1995,
should (and not later than 7 years after such date, shall)
offer to, and require participation by, a parent or caretaker
receiving assistance under the program who, after receiving
such assistance for 6 months--
``(i) is not exempt from work requirements; and
``(ii) is not engaged in work as determined under section
404(c),
in community service employment, with minimum hours per week
and tasks to be determined by the State.
On page 35, between lines 2 and 3, insert the following:
``(6) Certain community service excluded.--An individual
performing community service pursuant to the requirement
under section 402(a)(1)(G) shall be excluded from the
determination of a State's participation rate.
______
BREAUX AMENDMENTS NOS. 2487-2488
Mr. BREAUX proposed two amendments to amendment No. 2280 proposed by
Mr. Dole to the bill H.R. 4, supra; as follows:
Amendment No. 2487
On page 23, beginning on line 7, strike all through page
24, line 18, and insert the following:
``(5) Welfare partnership.--
``(A) In general.--the amount of the grant otherwise
determined under paragraph (1) for fiscal year 1997, 1998,
1999, or 2000 shall be reduced by the amount by which State
expenditures under the State program funded under this part
for the preceding fiscal year is less than 100 percent of
historic State expenditures.
``(B) Historic state expenditures.--For purposes of this
paragraph--
``(i) In general.--The term `historic State expenditures'
means expenditures by a State under parts A and F of title IV
for fiscal year 1994, as in effect during such fiscal year.
``(ii) Hold harmless.--In no event shall the historic State
expenditures applicable to any fiscal year exceed the amount
which bears the same ratio to the amount determined under
clause (i) as--
``(I) the grant amount otherwise determined under paragraph
(1) of the preceding fiscal year (without regard to section
407), bears to
``(II) the total amount of Federal payments to the State
under section 403 for fiscal year 1994 (as in effect during
such fiscal year).
``(C) Determination of state expenditures for preceding
fiscal year.--
``(i) In general.--For purposes of this paragraph, the
expenditures of a State under the State program funded under
this part for a preceding fiscal year shall be equal to the
sum of the State's expenditures under the program in the
preceding fiscal year for--
``(I) cash assistance;
``(II) child care assistance;
``(III) education, job training, and work; and
``(IV) administrative costs.
``(ii) Transfers from other state and local programs.--In
determining State expenditures under clause (i), such
expenditures shall not include funding supplanted by
transfers from other State and local programs.
``(D) Exclusion of federal amounts.--For purposes of this
paragraph, State expenditures shall not include any
expenditures from amounts made available by the Federal
Government.
____
Amendment No. 2488
On page 23, beginning on line 7, strike all through page
24, line 18, and insert the following:
``(5) Welfare partnership.--
``(A) In general.--The amount of the grant otherwise
determined under paragraph (1) for fiscal year 1997, 1998,
1999, or 2000 shall be reduced by the amount by which State
expenditures under the State program funded under this part
for the preceding fiscal year is less than 90 percent of
historic State expenditures.
``(B) Historic state expenditures.--For purposes of this
paragraph--
``(i) In general.--The term `historic State expenditures'
means expenditures by a State under parts A and F of title IV
for fiscal year 1994, as in effect during such fiscal year.
``(ii) Hold harmless.--In no event shall the historic State
expenditures applicable to any fiscal year exceed the amount
which bears the same ratio to the amount determined under
clause (i) as--
``(I) the grant amount otherwise determined under paragraph
(1) for the preceding fiscal year (without regard to section
407), bears to
``(II) the total amount of Federal payments to the State
under section 403 for fiscal year 1994 (as in effect during
such fiscal year).
``(C) Determination of state expenditures for preceding
fiscal year.--
``(i) In general.--For purposes of this paragraph, the
expenditures of a State under the State program funded under
this part for a preceding fiscal year shall be equal to the
sum of the State's expenditures under the program in the
preceding fiscal year for--
``(I) cash assistance;
``(II) child care assistance;
``(III) education, job training, and work; and
``(IV) administrative costs.
``(ii) Transfers from other state and local programs.--In
determining State expenditures under clause (i), such
expenditures shall not include funding supplanted by
transfers from other State and local programs.
``(D) Exclusion of federal amounts.--For purposes of this
paragraph, State expenditures shall not include any
expenditures from amounts made available by the Federal
Government.
______
BREAUX (AND OTHERS) AMENDMENT NO. 2489
Mr. BREAUX (for himself, Mr. Daschle, Mr. Kennedy, and Mr. Pell)
proposed an amendment to amendment No. 2280 proposed by Mr. Dole to the
bill H.R. 4, supra, as follows:
In section 703(39), strike ``(8)'' and all that follows and
insert ``(9) of section 716(a).''.
In section 714(c)(2)(B), strike clause (vii) and insert the
following:
``(vii) the steps the State will take over the 3 years
covered by the plan to comply with the requirements specified
in section 716(a)(3) relating to the provision of education
and training services;''.
In section 716(a)(1)(A), strike ``and (4)'' and insert
``(4), and (5)''.
In section 716(a)(1), strike subparagraph (B) and insert
the following:
``(B) may be used to carry out the activities described in
paragraphs (6), (7), (8), and (9).''.
In section 716(a), strike paragraph (9).
In section 716(a)(8), strike ``(8)'' and insert ``(9)''.
In section 716(a)(7), strike ``(7)'' and insert ``(8)''.
In section 716(a)(6), strike ``(6)'' and insert ``(7)''.
In section 716(a)(5), strike ``(5)'' and insert ``(6)''.
In section 716(a)(4), strike ``(4)'' and insert ``(5)''.
In section 716(a)(3), strike ``(3)'' and insert ``(4)''.
In section 716(a), insert after paragraph (2) the
following:
``(3) Education and training services.--
``(A) In general.--The State shall use a portion of the
funds described in paragraph (1) to provide education and
training services in accordance with this paragraph to
adults, each of whom--
``(i) is unable to obtain employment through core services
described in paragraph (2)(B);
``(ii) needs the education and training services in order
to obtain employment, as determined through--
``(I) an initial assessment under paragraph (2)(B)(ii); or
``(II) a comprehensive and specialized assessment; and
``(iii) is unable to obtain other grant assistance, such as
a Pell Grant provided under title IV of the Higher Education
Act of 1965 (20 U.S.C. 1070 et seq.), for such services.
``(B) Types of services.--Such education and training
services may include the following:
``(i) Occupational skills training, including training for
nontraditional employment.
``(ii) On-the-job training.
``(iii) Services that combine workplace training with
related instruction.
[[Page S 12970]]
``(iv) Skill upgrading and retraining.
``(v) Entrepreneurial training.
``(vi) Preemployment training to enhance basic workplace
competencies, provided to individuals who are determined
under guidelines developed by the Federal Partnership to be
low-income.
``(vii) Customized training conducted with a commitment by
an employer or group of employers to employ an individual on
successful completion of the training.
``(C) Use of vouchers for dislocated workers.--
``(i) In general.--Except as provided in clauses (ii) and
(iii), education and training services described in
subparagraph (B) shall be provided to dislocated workers
through a system of vouchers that is administered through
one-stop delivery described in paragraph (2).
``(ii) Exceptions.--Education and training services
described in subparagraph (B) may be provided to dislocated
workers in a substate area through a contract for services in
lieu of a voucher if--
``(I) the local partnership described in section 728(a), or
local workforce development board described in section
728(b), for the substate area determines there are an
insufficient number of eligible entities in the substate area
to effectively provide the education and training services
through a voucher system;
``(II) the local partnership or local workforce development
board determines that the eligible entities in the substate
area are unable to effectively provide the education and
training services to special participant populations; or
``(III) the local partnership or local workforce
development board decides that the education and training
services shall be provided through a direct contract with a
community-based organization serving special participant
populations.
``(iii) Prohibition on provision of on-the-job training
through vouchers.--On-the-job training provided under this
paragraph shall not be provided through a voucher system.
``(D) Eligibility of education and training service
providers.--
``(i) Eligibility requirements.--An entity shall be
eligible to provide the education and training services
through a program carried out under this paragraph and
receive funds from the portion described in subparagraph (A)
through the receipt of vouchers if--
``(I)(aa) the entity is eligible to carry out the program
under title IV of the Higher Education Act of 1965; or
``(bb) the entity is eligible to carry out the program
under an alternative eligibility procedure established by the
Governor of the State that includes criteria for minimum
acceptable levels of performance; and
``(II) the entity submits accurate performance-based
information required pursuant to clause (ii),
``(ii) Performance-based information.--The State shall
identify performance-based information that is to be
submitted by an entity for the entity to be eligible to
provide the services, and receive the funds, described in
clause (i). Such information include information relating
to--
``(I) the percentage of students completing the programs,
if any, through which the entity provides education and
training services described in subparagraph (B), as of the
date of the submission;
``(II) the rates of licensure of graduates of the programs;
``(III) the percentage of graduates of the programs meeting
skill standards and certification requirements endorsed by
the National Skill Standards Board established under the
Goals 2000: Educate America Act;
``(IV) the rates of placement and retention in employment,
and earnings, of the graduates of the programs;
``(V) the percentage of students in such a program who
obtained employment in an occupation related to the program;
and
``(VI) the warranties or guarantees provided by such entity
relating to the skill levels or employment to be attained by
recipients of the education and training services provided by
the entity under this paragraph.
``(iii) Administration.--The Governor shall designate a
State agency to collect, verify, and disseminate the
performance-based information submitted pursuant to clause
(ii).
``(iv) On-the-job training exception.--Entities shall not
be subject to the requirements of clauses (i) through (iii)
with respect to on-the-job training activities.''.
In section 716(a)(7) (as so redesignated), strike
subparagraphs (A), (B), and (C).
In subparagraph (D) of section 716(a)(7) (as so
redesignated), strike ``(D)'' and insert ``(A)''.
In section 716(a)(7) (as so redesignated), strike
subparagraph (E).
In subparagraph (F) of section 716(a)(7) (as so
redesignated), strike ``(F)'' and insert ``(B)''.
In section 716(a)(7) (as so redesignated), strike
subparagraph (G).
In subparagraph (H) of section 716(a)(7) (as so
redesignated), strike ``(H)'' and insert ``(C)''.
In subparagraph (I) of section 716(a)(7) (as so
redesignated), strike ``(I)'' and insert ``(D)''.
In section 716(a)(7) (as so redesignated), strike
subparagraph (J).
In subparagraph (K) of section 716(a)(7) (as so
redesignated), strike ``(K)'' and insert ``(E)''.
In subparagraph (L) of section 716(a)(7) (as so
redesignated), strike ``(L)'' and insert ``(F)''.
In subparagraph (M) of section 716(a)(7) (as so
redesignated), strike ``(M)'' and insert ``(G)''.
In subparagraph (N) of section 716(a)(7) (as so
redesignated), strike ``(N)'' and insert ``(H)''.
In subparagraph (O) of section 716(a)(7) (as so
redesignated), strike ``(O)'' and insert ``(I)''.
In section 716(g)(1)(A), strike ``(a)(6)'' and insert
``(a)(7)''.
In section 716(g)(1)(B), strike ``(a)(6)'' and insert
``(a)(7)''.
In section 716(g)(2)(A), strike ``(a)(6)'' and insert
``(a)(7)''.
In section 716(g)(2)(B)(i), strike ``(a)(6)'' and insert
``(a)(7)''.
In section 7(38) of the Rehabilitation Act of 1973 (as
amended by section 804), strike ``(8)'' and all that follows
and insert ``(9) of section 716(a) of the Workforce
Development Act of 1995.''.
______
BREAUX (AND OTHERS) AMENDMENT NO. 2490
Mr. BREAUX (for himself, Mr. Pell, Mr. Kennedy, Mr. Lieberman, Mr.
Bradley, and Mr. Johnston) proposed an amendment to amendment No. 2280
proposed by Mr. Dole to the bill H.R. 4, supra, as follows:
Strikes titles VII and VIII of the amendment.
______
ROCKEFELLER (AND BAUCUS) AMENDMENT NO. 2491
Mr. ROCKEFELLER (for himself and Mr. Baucus) proposed an amendment to
amendment No. 2280 proposed by Mr. Dole to the bill H.R. 4, supra, as
follows:
On page 36, between lines 18 and 19, insert the following:
``(4) Areas of high unemployment.--
``(A) In general.--At the State's option, the State may, on
a uniform basis, exempt a family from the application of
paragraph (1) if--
``(i) such family resides in area of high unemployment
designated by the State under subparagraph (B); and
``(ii) the State makes available, and requires an
individual in the family to participate in, work activities
described in subparagraphs (B), (D), or (F) of section
404(c)(3).
``(B) Areas of high unemployment.--The State may designate
a sub-State area as an area of high unemployment if such
area--
``(i) is a major political subdivision (or is comprised of
2 or more geographically contiguous political subdivisions);
``(ii) has an average annual unemployment rate (as
determined by the Bureau of Labor Statistics) of at least 10
percent; and
``(iii) has at least 25,000 residents.
The State may waive the requirement of clause (iii) in the
case of a sub-State area that is an Indian reservation.
______
ROCKEFELLER AMENDMENT NO. 2492
Mr. ROCKEFELLER proposed an amendment to amendment No. 2280 proposed
by Mr. Dole to the bill H.R. 4, supra, as follows:
On page 35, between lines 2 and 3, insert the following:
``(6) State option for participation requirement
exemptions.--For any fiscal year, a State may opt to not
require an individual described in subclause (I) or (II) of
section 405(a)(3)(B)(ii) to engage in work activities and may
exclude such an individual from the determination of the
minimum participation rate specified for such fiscal year in
subsection (a).
On page 40, strike lines 6 through 16, and insert the
following:
``(B) Limitation.--
``(i) 15 percent.--In addition to any families provided
with exemptions by the State under clause (ii), the number of
families with respect to which an exemption made by a State
under subparagraph (A) is in effect for a fiscal year shall
not exceed 15 percent of the average monthly number of
families to which the State is providing assistance under the
program operated under this part.
``(ii) Certain families.--At the State's option, the State
may provide an exemption under subparagraph (A) to a family--
``(I) of an individual who is ill, incapacitated, or of
advanced age; and
``(II) of an individual who is providing full-time care for
a disabled dependent of the individual.
______
SNOWE (AND BRADLEY) AMENDMENT NO. 2493
Ms. SNOWE (for herself and Mr. Bradley) proposed an amendment to
amendment No. 2280 proposed by Mr. Dole to the bill H.R. 4, supra, as
follows:
Beginning on page 582, strike line 3 and all that follows
through line 2 on page 583, and insert the following:
``(ii) Distribution to the family to satisfy arrearages
that accrued before the family received assistance.--From any
remainder after the application of clause (i), in
[[Page S 12971]]
order to satisfy arrearages of support obligations that accrued before
the family received assistance from the State, the State--
``(I) may distribute to the family the amount so collected
with respect to such arrearages accruing (and assigned to the
State as a condition of receiving assistance) before the
effective date of this subsection; and
``(II) shall distribute to the family the amount so
collected with respect to such arrearages accruing after such
effective date.
``(iii) Retention by the state of a portion of assigned
arrearages to repay assistance furnished to the family.--From
any remainder after the application of clauses (i) and (ii),
the State shall retain (with appropriate distribution to the
Federal Government) amounts necessary to reimburse the State
and Federal Government for assistance furnished to the
family.
``(iv) Distribution of the remainder to the family.--The
State shall distribute to the family any remainder after the
application of clauses (i), (ii), and (iii).
On page 585, between lines 10 and 11, insert the following:
(c) Amendments to Internal Revenue Code Concerning
Collection of Child Support Arrearages Through Income Tax
Refund Offset.--
(1) Section 6402(c) of the Internal Revenue Code of 1986 is
amended by striking the third sentence.
(2) Section 6402(d)(2) of such Code is amended in the first
sentence by striking all that follows ``subsection (c)'' and
inserting a period.
On page 585, line 11, strike ``(c)'' and insert ``(d)''.
______
SNOWE AMENDMENT NO. 2494
Ms. SNOWE proposed an amendment to amendment No. 2280 proposed by Mr.
Dole to the bill H.R. 4, supra, as follows:
On page 36, strike lines 14 through 25, and insert the
following:
``(d) Penalties Against Individuals.--
``(1) In general.--Except as provided in paragraph (2), if
an adult in a family receiving assistance under the State
program funded under this part refuses to engage in work
required under subsection (c)(1) or (c)(2), a State to which
a grant is made under section 403 shall--
``(A) reduce the amount of assistance otherwise payable to
the family pro rata (or more, at the option of the State)
with respect to any period during a month in which the adult
so refuses; or
``(B) terminate such assistance,
subject to such good cause and other exceptions as the State
may establish.
``(2) Exception.--Notwithstanding paragraph (1), a State
may not reduce or terminate assistance under the State
program based on a refusal of an adult to work if such adult
is a single custodial parent caring for a child age 5 or
under and has a demonstrated inability to obtain needed child
care, for one or more of the following reasons:
``(A) Unavailability of appropriate child care within a
reasonable distance of the individual's home or work site.
``(B) Unavailability or unsuitability of informal child
care by a relative or under other arrangements.
``(C) Unavailability of appropriate and affordable formal
child care arrangements.
______
PRYOR AMENDMENT NO. 2495
Mr. PRYOR proposed an amendment to amendment No. 2280 proposed by Mr.
Dole to the bill H.R. 4, supra, as follows:
At the appropriate place in the bill, insert the following:
On page 52, lines 4 through 6, strike ``so used, plus 5
percent of such grant (determined without regard to this
section).'' and insert ``so used. If the Secretary determines
that such unlawful expenditure was made by the State in
intentional violation of the requirements of this part, then
the Secretary shall impose an additional penalty of up to 5
percent of such grant (determined without regard to this
section).''.
On page 56, between lines 9 and 10, insert the following:
``(d) Compliance Plan.--
``(1) In general.--Prior to the deduction from the grant of
aggregate penalties under subsection (a) in excess of 5
percent of a State's grant payable under section 403, a State
may develop jointly with the Secretary a plan which outlines
how the State will correct any violations for which such
penalties would be deducted and how the State will insure
continuing compliance with the requirements of this part.
``(2) Failure to correct.--If the Secretary determines that
a State has not corrected the violations described in
paragraph (1) in a timely manner, the Secretary shall deduct
some or all of the penalties described in paragraph (1) from
the grant.''.
On page 56, strike lines 11 through 14, and insert the
following:
``(1) In general.--The penalties described in paragraphs
(2) through (6) of subsection (a) shall apply--
``(A) with respect to periods beginning 6 months after the
Secretary issues final rules with respect to such penalties;
or
``(B) with respect to fiscal years beginning on or after
October 1, 1996;
whichever is later.''.
______
BRADLEY AMENDMENTS NOS. 2496-2498
Mr. BRADLEY proposed three amendments to amendment No. 2280 proposed
by Mr. Dole to the bill H.R. 4, supra, as follows:
Amendment No. 2496
At the end of section 402(a), insert the following:
``(9) Additional requirements.--
``(A) Eligibility.--The terms and conditions under which
families are deemed needy and eligible for assistance under
the program.
``(B) Terms and conditions.--The terms and conditions
described in subparagraph (A) shall include--
``(i) a need standard based on family income and size;
``(ii) a standard for benefits or schedule of benefits for
families based on family size and income;
``(iii) explicit rules regarding the treatment of earned
and unearned income, resources, and assets; and
``(iv) a description of any variations in the terms and
conditions described in clauses (i), (ii), and (iii) that are
applicable in--
``(I) regions or localities within the State; or
``(II) particular circumstances.
``(C) Identification of families categorically ineligible
for assistance--Identification of any categories of families,
or individuals within such families, that are deemed by the
State to be categorically ineligible for assistance under the
program, regardless of family income or other terms and
conditions developed under subparagraph (A).
``(D) Assurances regarding the provision of assistance.--
Assurances that all families deemed eligible for assistance
under the program under subparagraph (A) shall be provided
assistance under the standard for benefits or the benefit
schedule described in subparagraph (B)(ii), unless--
``(i) the family or an individual member of the family is
categorically ineligible for assistance under subparagraph
(C); or
``(ii) the family is subject to sanctions or reductions in
benefits under terms of another provision of the State plan,
this part, Federal or State law, or an agreement between an
individual recipient of assistance in such family and the
State that may contain terms and conditions applicable only
to the individual recipient.
``(E) Procedures for ensuring the availability of funds.--
The procedures under which the State shall ensure that funds
will remain available to provide assistance under the program
to all eligible families during a fiscal year if the State
exhausts the grant provided to the State for such fiscal year
under section 403.
``(F) Waiting lists.--Assurances that no family otherwise
eligible for assistance under the program shall be placed on
a waiting list for assistance or instructed to reapply at
such time that additional Federal funds may become available.
____
Amendment No. 2497
At the end of section 405, insert the following:
``(f) No Unfunded Local Mandates.--A State to which a grant
is made under section 403 may not, by mandate or policy,
shift the costs of providing aid or assistance that, prior to
October 1, 1995 (or March 31, 1996, in the case of a State
exercising the option described in section 110(b) of the
Family Self-Sufficiency Act of 1995) was provided under the
aid to families with dependent children or the JOBS programs
(as such programs were in effect on September 30, 1995) to--
``(1) counties;
``(2) localities;
``(3) school boards; or
``(4) other units of local government.
____
Amendment No. 2498
At the appropriate place at the end of Title I, add the
following:
Nothing in this Act shall in interpreted to preempt the
enforcement of existing civil rights laws.
______
BOND AMENDMENT NO. 2499
Mr. BOND proposed an amendment to amendment No. 2280 proposed by Mr.
Dole to the bill H.R. 4, supra, as follows:
At the appropriate place in the bill, insert the following:
``Notwithstanding any other provision of law, States shall
not be prohibited by the federal government from sanctioning
welfare recipients who test positive for use of controlled
substances.''
______
GLENN AMENDMENT NO. 2500
Mr. GLENN proposed an amendment to amendment No. 2280 proposed by Mr.
Dole to the bill H.R. 4, supra, as follows:
On page 322, strike lines 8 through 14 and insert the
following:
(8) Displaced homemaker.--The term ``displaced homemaker''
means an individual who--
(A) has been dependent
(i) on assistance under part A of title IV of the Social
Security Act and whose youngest child is not younger than 16;
or
(ii) on the income of another family member, but is no
longer supported by such income; and
[[Page S 12972]]
(B) is unemployed or underemployed, and is experiencing
difficulty in obtaining or upgrading employment.
On page 359, line 13, strike ``and''.
On page 359, line 16, strike the period and insert
``;and''.
On page 359, between lines 16 and 17, insert the following;
(P) Preemployment training for displaced homemakers.
On page 364, between lines 9 and 10, insert the following:
(6) providing programs for single parents, displaced
homemakers, and single pregnant women;
On page 364, line 10, strike ``(6)'' and insert ``(7)''.
On page 364, line 12, strike ``(7)'' and insert ``(8)''.
On page 412, line 4, strike ``and''.
On page 412, line 5, strike the period and insert ``;
and''.
On page 412, between lines 5 and 6, insert the following:
(G) displaced homemakers.
______
PRESSLER AMENDMENT NO. 2501
Mr. GRASSLEY (for Mr. Pressler) proposed an amendment to amendment
No. 2280 proposed by Mr. Dole to the bill H.R. 4, supra, as follows:
On page 77, line 21, strike the end quotation marks and the
end period.
On page 77, between lines 21 and 22, insert the following:
``SEC. 418. COLLECTION OF OVERPAYMENTS FROM FEDERAL TAX
REFUNDS.
``(a) In General.--Upon receiving notice from the Secretary
of Health and Human Services that a State agency
administering a plan approved under this part has notified
the Secretary that a named individual has been overpaid under
the State plan approved under this part, the Secretary of the
Treasury shall determine whether any amounts as refunds of
Federal taxes paid are payable to such individual, regardless
of whether such individual filed a tax return as a married or
unmarried individual. If the Secretary of the Treasury finds
that any such amount is payable, the Secretary shall withhold
from such refunds an amount equal to the overpayment sought
to be collected by the State and pay such amount to the State
agency.
``(b) Regulations.--The Secretary of the Treasury shall
issue regulations, after review by the Secretary of Health
and Human Services, that provide--
``(1) that a State may only submit under subsection (a)
requests for collection of overpayments with respect to
individuals--
``(A) who are no longer receiving assistance under the
State plan approved under this part;
``(B) with respect to whom the State has already taken
appropriate action under State law against the income or
resources of the individuals or families involved to collect
the past-due legally enforceable debt; and
``(C) to whom the State agency has given notice of its
intent to request withholding by the Secretary of the
Treasury from the income tax refunds of such individuals;
``(2) that the Secretary of the Treasury will give a timely
and appropriate notice to any other person filing a joint
return with the individual whose refund is subject to
withholding under subsection (a); and
``(3) the procedures that the State and the Secretary of
the Treasury will follow in carrying out this section which,
to the maximum extent feasible and consistent with the
specific provisions of this section, will be the same as
those issued pursuant to section 464(b) applicable to
collection of past-due child support.''.
(c) Conforming Amendments Relating to Collection of
Overpayments.--
(1) Section 6402 of the Internal Revenue Code of 1986
(relating to authority to make credits or refunds) is
amended--
(A) in subsection (a), by striking ``(c) and (d)'' and
inserting ``(c), (d), and (e)'';
(B) by redesignating subsections (e) through (i) as
subsections (f) through (j), respectively; and
(C) by inserting after subsection (d) the following:
``(e) Collection of Overpayments Under Title IV-A of the
Social Security Act.--The amount of any overpayment to be
refunded to the person making the overpayment shall be
reduced (after reductions pursuant to subsections (c) and
(d), but before a credit against future liability for an
internal revenue tax) in accordance with section 418 of the
Social Security Act (concerning recovery of overpayments to
individuals under State plans approved under part A of title
IV of such Act).''.
(2) Paragraph (10) of section 6103(l) of such Code is
amended--
(A) by striking ``(c) or (d)'' each place it appears and
inserting ``(c), (d), or (e)''; and
(B) by adding at the end of subparagraph (B) the following
new sentence: ``Any return information disclosed with respect
to section 6402(e) shall only be disclosed to officers and
employees of the State agency requesting such information.''.
(3) The matter preceding subparagraph (A) of section
6103(p)(4) of such Code is amended--
(A) by striking ``(5), (10)'' and inserting ``(5)''; and
(B) by striking ``(9), or (12)'' and inserting ``(9), (10),
or (12)''.
(4) Section 552a(a)(8)(B)(iv)(III) of title 5, United
States Code, is amended by striking ``section 464 or 1137 of
the Social Security Act'' and inserting ``section 418, 464,
or 1137 of the Social Security Act.''
______
WELLSTONE AMENDMENTS NOS. 2503-2500
Mr. WELLSTONE proposed four amendments to amendment No. 2280 proposed
by Mr. Dole to the bill H.R. 4, supra, as follows:
Amendment No. 2503
On page 229, between lines 13 and 14, insert the following:
``(4) Sunset of election upon increase in number of hungry
children.--
``(A) Findings.--The Congress finds that--
``(i) on March 29, 1995 the Senate adopted a resolution
stating that Congress should not enact or adopt any
legislation that will increase the number of children who are
hungry;
``(ii) it is not the intent of this bill to cause more
children to be hungry;
``(iii) the Food Stamp Program serves to prevent child
hunger;
``(iv) a State's election to participate in the optional
state food assistance block grant program should not serve to
increase the number of hungry children in that State; and
``(v) one indicator of hunger among children is the child
poverty rate.
``(B) Sunset.--If the Secretary of Health and Human
Services makes two successive findings that the poverty rate
among children in a State is significantly higher in a State
that has elected to participate in a program established
under subsection (a) than it would have been had there been
no such election, 180 days after the second such finding such
election shall be permanently and irreversibly revoked and
the provisions of paragraphs (1) and (2) shall not be
applicable to that State.
``(C) Procedure for finding by secretary.--In making the
finding described in subparagraph (B), the Secretary shall
adhere to the following procedure:
``(i) Every three years, the Secretary shall develop data
and report to Congress with respect to each State that has
elected to participate in a program established under
subsection (a) whether the child poverty rate in such State
is significantly higher than it would have been had the State
not made such election.
``(ii) The Secretary shall provide the report required
under clause (i) to all States that have elected to
participate in a program established under subsection (a),
and the Secretary shall provide each State for which the
Secretary determined that the child poverty rate is
significantly higher than it would have been had the State
not made such election with an opportunity to respond to such
determination.
``(iii) If the response by a State under clause (ii) does
not result in the Secretary reversing the determination that
the child poverty rate in that State is significantly higher
than it would have been had the State not made such election,
then the Secretary shall publish a finding as described in
subparagraph (B)
____
Amendment No. 2504
On page 124, between lines 12 and 13, insert the following:
``SEC. 113. SUNSET UPON OF INCREASE IN NUMBER OF HUNGRY OR
HOMELESS CHILDREN.
``(a) Findings.--The Congress finds that--
``(1) on March 29, 1995 the Senate adopted a resolution
stating that Congress should not enact or adopt any
legislation that will increase the number of children who are
hungry or homeless;
``(2) it is not the intent of this bill to cause more
children to be hungry or homeless;
``(3) the Aid to Families with Dependent Children program,
which is repealed by this title, has helped prevent hunger
and homelessness among children;
``(4) the operation of block grants for temporary
assistance for needy families under this title should not
serve to increase significantly the number of hungry or
homeless children in any State; and
``(5) one indicator of hunger and homelessness among
children is the child poverty rate.
``(b) Sunset.--If the Secretary of Health and Human
Services makes two successive findings that the poverty rate
among children in a State is significantly higher in the
State than it would have been had this title not been
implemented, then all of the provisions of this title shall
cease to be effective with regard to that State 180 days
after the second such finding, making effective any
provisions of law repealed by this title.
``(c) Procedure for Finding by Secretary.--In making the
finding described in subsection (b), the Secretary shall
adhere to the following procedure:
[[Page S 12973]]
``(1) Every three years, the Secretary shall develop data
and report to Congress with respect to each State whether the
child poverty rate in that State is significantly higher than
it would have been had this title not been implemented.
``(2) The Secretary shall provide the report required under
paragraph (1) to all States, and the Secretary shall provide
each State for which the Secretary determined that the child
poverty rate is significantly higher than it would have been
had this title not been implemented with an opportunity to
respond to such determination.
``(3) If the response by a State under paragraph (2) does
not result in the Secretary reversing the determination that
the child poverty rate in that State is significantly higher
than it would have been had this title not been implemented,
then the Secretary shall publish a finding as described in
subsection (b), and the State must implement a plan to
decrease the child poverty rate.''
____
Amendment No. 2505
On page 86, between lines 3 and 4, insert the following:
SEC. 104A. SENSE OF THE SENATE REGARDING CONTINUING MEDICAID
COVERAGE.
(a) Findings.--The Senate finds that--
(1) the potential loss of medicaid coverage represents a
large disincentive for recipients of welfare benefits to
accept jobs that offer no health insurance;
(2) thousands of the Nation's employers continue to find
the cost of health insurance out of reach;
(3) the percentage of working people who receive health
insurance from their employer has dipped to its lowest point
since the early 1980s; and
(4) children have accounted for the largest proportion of
the increase in the number of uninsured in recent years.
(b) Sense of the Senate.--It is the sense of the Senate
that any medicaid reform enacted by the Senate this year
should require that States continue to provide medicaid for
12 months to families who lose eligibility for welfare
benefits because of more earnings or hours of employment.
____
Amendment No. 2506
On page 86; between lines 3 and 4, insert the following:
SEC. 104A. EXTENSION OF TRANSITIONAL MEDICAID BENEFITS.
(a) Findings.--The Senate finds that--
(1) the potential loss of Medicaid coverage represents a
large disincentive for recipients of welfare benefits to
accept jobs that offer no health insurance;
(2) thousands of the Nation's employers continue to find
the cost of health insurance out of reach;
(3) the percentage of working people who receive health
insurance from their employer has dipped to its lowest point
since the early 1980s; and
(4) children have accounted for the largest proportion of
the increase in the number of uninsured in recent years.
(b) Extension of Medicaid Enrollment for Former Temporary
Employment Assistance Recipients for 1 Additional Year.--
(1) In general.--Section 1925(b)(1) (42 U.S.C. 1396r-
6(b)(1)) is amended by striking the period at the end and
inserting the following: ``, and shall provide that the State
shall offer to each such family the option of extending
coverage under this subsection for an additional 2 succeeding
6-month periods in the same manner and under the same
conditions as the option of extending coverage under this
subsection for the first succeeding 6-month period.''.
(2) Conforming amendments.--
(A) In general.--Section 1925 (42 U.S.C. 1396r-6) is
amended--
(i) in subsection (b)--
(I) in the heading, by striking ``Extension'' and inserting
``Extensions'';
(II) in the heading of paragraph (1), by striking
``Requirement'' and inserting ``In general'';
(III) in paragraph (2)(B)(ii)--
(aa) in the heading, by striking ``period'' and inserting
``periods''; and
(bb) by striking ``in the period'' and inserting ``in each
of the 6-month periods'';
(IV) in paragraph (3)(A), by striking ``the 6-month
period'' and inserting ``any 6-month period'';
(V) in paragraph (4)(A), by striking ``the extension
period'' and inserting ``any extension period''; and
(VI) in paragraph (5)(D)(i), by striking ``is a 3-month
period'' and all that follows and inserting the following:
'`is, with respect to a particular 6-month additional
extension period provided under this subsection, a 3-month
period beginning with the first or fourth month of such
extension period.''; and
(ii) by striking subsection (f).
(B) Family support act.--Section 303(f)(2) of the Family
Support Act of 1988 (42 U.S.C. 602 note) is amended--
(i) by striking ``(A)''; and
(ii) by striking subparagraphs (B) and (C).
(c) Effective Date.--The amendments made by this section
shall apply to medical assistance furnished for calendar
quarters beginning on or after October 1, 1995.
______
COHEN AMENDMENT NO. 2502
Mr. GRASSLEY (for Mr. Cohen) proposed an amendment to amendment No.
2280 proposed by Mr. Dole to the bill H.R. 4, supra, as follows:
On page 78, line 18, insert after ``subsection (a)(2)'' the
following:
``so long as the programs are implemented consistent with
the Establishment Clause of the United States Constitution''
On page 80, line 13, add ``;'' after ``governance'' and
delete lines 14-16.
______
WELLSTONE (AND FEINGOLD) AMENDMENT NO. 2507
Mr. WELLSTONE (for himself and Mr. Feingold) proposed an amendment to
amendment No. 2280 proposed by Mr. Dole to the bill H.R. 4, supra, as
follows:
Beginning on page 161, strike line 7 and all that follows
through page 163, line 1, and insert the following:
SEC. 308. ENERGY ASSISTANCE.
(a) In General.--Section 5(d)(11) of the Food Stamp Act of
1977 (7 U.S.C. 2014(d)(11)) is amended by striking ``any
payments or allowances'' and inserting the following: ``a
one-time payment or allowance for the costs of weatherization
or emergency repair or replacement of an unsafe or
inoperative furnace or other heating or cooling device.''.
(b) Conforming Amendment.--Section 5(k)(1)(A) of the Act (7
U.S.C. 2014(k)(1)(A)) is amended by striking ``plan for aid
to families with dependent children approved'' and inserting
``program funded''.
______
BROWN AMENDMENT NO. 2508
Mr. BROWN proposed an amendment to amendment No. 2280 proposed by Mr.
Dole to the bill H.R. 4, supra, as follows:
On page 25, strike line 4 and insert the following:
1, 1995;
except that not more than 15 percent of the grant may be used
for administrative purposes.
______
SIMON AMENDMENTS NOS. 2509-2510
Mr. SIMON proposed two amendments to amendment No. 2280 proposed by
Mr. Dole to the bill H.R. 4, supra, as follows:
Amendment No. 2509
On page 289, lines 2 through 5, strike ``, or for a period
of 5 years beginning on the day such individual was first
lawfully in the United States after the execution of such
affidavit or agreement, whichever period is longer''.
____
Amendment No. 2510
In title VII, strike chapters 1 and 2 of subtitle C and
insert the following:
CHAPTER 1--GENERAL PROVISIONS
SEC. 741. DEFINITIONS.
As used in this subtitle:
(1) At-risk youth.--The term ``at-risk youth'' means an
individual who--
(A) is not less than age 15 and not more than age 24;
(B) is low-income (as defined in section 723(e));
(C) is 1 or more of the following:
(i) Basic skills deficient.
(ii) A school dropout.
(iii) Homeless or a runaway.
(iv) Pregnant or parenting.
(v) Involved in the juvenile justice system.
(vi) An individual who requires additional education,
training, or intensive counseling and related assistance, in
order to secure and hold employment or participate
successfully in regular schoolwork.
(2) Enrollee.--The term ``enrollee'' means an individual
enrolled in the Job Corps.
(3) Governor.--The term ``Governor'' means the chief
executive officer of a State.
(4) Job corps.--The term ``Job Corps'' means the Job Corps
described in section 743.
(5) Job corps center.--The term ``Job Corps center'' means
a center described in section 743.
(6) Operator.--The term ``operator'' means an individual
selected under this chapter to operate a Job Corps center.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
CHAPTER 2--JOB CORPS
SEC. 742. PURPOSES.
The purposes of this