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AMENDMENTS SUBMITTED
(Senate - September 08, 1995)

Text of this article available as: TXT PDF [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 p

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AMENDMENTS SUBMITTED
(Senate - September 08, 1995)

Text of this article available as: TXT PDF [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.

Summary:

All articles in Senate section

AMENDMENTS SUBMITTED
(Senate - September 08, 1995)

Text of this article available as: TXT PDF [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 p

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AMENDMENTS SUBMITTED
(Senate - September 08, 1995)

Text of this article available as: TXT PDF [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.