PERSONAL RESPONSIBILITY ACT OF 1995
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PERSONAL RESPONSIBILITY ACT OF 1995
(House of Representatives - March 23, 1995)
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H3581-H3700]
PERSONAL RESPONSIBILITY ACT OF 1995
The SPEAKER pro tempore (Mr. Dickey). Pursuant to House Resolution
119, and rule XXIII, the Chair declares the House in the Committee of
the Whole House on the State of the Union for the further consideration
of the bill
H.R. 4.
{time} 1055
in the committee of the whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the State of the Union for the further consideration of
the bill (
H.R. 4) to restore the American family, reduce illegitimacy,
control welfare spending, and reduce welfare dependence, with Mr.
Linder in the chair.
The Clerk read the title of the bill.
The CHAIRMAN. When the Committee of the Whole rose on Wednesday,
March 22, 1995, amendment No. 11 printed in House Report 104-85,
offered
[[Page
H3582]] by the gentlewoman from California [Ms. Woolsey], had
been disposed of and the bill was open for amendment at any point.
It is now in order to consider amendment No. 13, printed in House
Report 104-85.
amendment offered by Mrs. Johnson of Connecticut
Mrs. JOHNSON of Connecticut. Mr. Chairman, I offer amendment No. 13,
printed in House Report 104-85.
The CHAIRMAN. The clerk will designate the amendment.
The text of the amendment is as follows:
Amendment offered by Mrs. Johnson of Connecticut: Page 87,
line 3, strike ``$1,943,000,000'' and insert
``$2,093,000,000''.
The CHAIRMAN. Pursuant to the rule, the gentlewoman from Connecticut
[Mrs. Johnson] will be recognized for 10 minutes, and a Member opposed
will be recognized for 10 minutes.
Mr. McDERMOTT. Mr. Chairman, I rise in opposition to the amendment.
The CHAIRMAN. The gentleman from Washington [Mr. McDermott] will be
recognized for 10 minutes.
The Chair recognizes the gentlewoman from Connecticut [Mrs. Johnson].
Mrs. JOHNSON of Connecticut. Mr. Chairman, I yield myself such time
as I may consume.
Mr. Chairman, I rise today to urge support of the child care
amendment which I am offering along with Congresswomen Pryce, Dunn, and
Waldholtz, which raises the authorization level for the child care
grant by $150 million a year for 5 years.
Mr. Chairman, there are three main points I would like to make with
respect to this amendment.
First, requiring adults to work in exchange for their benefits will
increase the need for child care. This is inevitable. Fully 63 percent
of families on AFDC have children age 5 and under. A significant number
of children who are in school still need after-school care, since the
school day and school year are much more limited than the typical
workday and work year.
In an ideal world, extended family would be able to provide some
amount of this care. But in today's world day care and the need for day
care is a reality for those on welfare and those gaining independence.
Second, reduced child care funding puts the squeeze on the working
poor. In recent years, AFDC participation rates have resulted in States
offering the program tilting more and more toward welfare families and
away from the working poor.
Thirty-five States reported last year that they have a waiting list
for subsidized child care for working poor. My State of Connecticut
does not even maintain a waiting list anymore, since all slots opened
up are already spoken for.
As we require more women on welfare to work, this problem is going to
get more serious, not less serious.
I am pleased to be proposing this amendment today because I think it
expands our resources significantly to address the child care needs
that will develop as we reform welfare. But this amendment is not the
whole answer. That is a point that is very important to make because
there was a lot of misunderstanding in recent days as we debated this
bill about how we are going to manage the child care needs that welfare
reform will impose upon society. The heart of the solution is actually
not this amendment; the heart of the solution is moving welfare from a
cash-gift basis to a cash-wage basis because if everyone receiving
welfare were also working and we used our day care resources to pay
very skilled administrators and lead teachers, child development
experts to run these day care centers, with welfare recipients now
being paid to staff them, then we would in fact have the child care
slots that we need at the money that is currently available.
So this is simply one step forward, giving States time and resources
to create really the much greater, broader child care opportunity,
better connected to education, work, and training that real reform
demands.
Mr. Chairman, I reserve the balance of my time.
{time} 1100
Mr. McDERMOTT. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, Members of the House, we have again a fig leaf on the
other side. They have written the bill, they have gotten it out here.
Then they did a poll. On Monday they did a poll; a Republican pollster
did a poll, and found that 67 percent of Americans believe the
Government should help pay for child care for mothers on welfare. They
found that 54 percent of those surveyed opposed eliminating
requirements to State-set minimum health and safety standards for child
care. So they said, ``This is awful what we did. We've cut 400,000 kids
out of child care.''
So they have come out here with an amendment today. It is a fig leaf.
It puts 100,000 back on. There is still 300,000 kids who will not get
welfare child care under this bill.
There should be no mistake about it; this does not solve the problem.
The gentlewoman from Connecticut [Mrs. Johnson] is absolutely correct.
It is a fig leaf because they got a poll that said they were in
trouble.
Mr. Chairman, I yield 2\1/2\ minutes to the gentlewoman from
Connecticut [Mrs. Kennelly].
Mrs. KENNELLY. Mr. Chairman, this goes right to the heart of the
debate, and the gentlewoman from Connecticut [Mrs. Johnson] and I have
worked on some of these issues over the years, but we part company
today in addressing day care; the reason is that the Republican bill
block grants and sends everything back to the State. What we would like
to do in the Deal amendment is to make sure some of the programs that
do work stay in the Federal purview.
H.R. 4 repeals a transitional child care program which guarantees day
care for the children of parents who leave welfare. This is needed. It
repeals an AFDC child care program which provides day care for parents
attempting to get off welfare, and
H.R. 4 repeals the at-risk child
care program for people that try to stay off and do not want to go back
on, and so we have this amendment before us which is a good amendment
because it has additional dollars for day care.
However, Mr. Chairman, the amendment has the correct idea;
unfortunately the vehicle is the incorrect vehicle. Block grants will
not be able to provide more with less. If you are serious about taking
people off welfare and putting them to work, in many cases you have to
see there is adequate day care. That is what the programs we are ending
tried to do.
One of the best parts of the Federal program is taking care of three
groups needing child care: The family on welfare trying to get off, the
family that was on welfare and doesn't want to go back, and the family
in danger of going on welfare. If you work, want to work, or need to
work, you often need help--especially if you are a single head of
household. I commend the woman and Mrs. Johnson for putting forth this
amendment.
Mrs. JOHNSON of Connecticut. Mr. Chairman, before yielding to my
colleague from Ohio, I yield myself such time as I may consume.
Mr. Chairman, I do want to mention that this amendment was put in
well before that poll. This is not a poll response. This was put in
after all the bills came out of committees. We had a chance to evaluate
their interaction and how the program would work, and this is the money
that then we decided was needed to be added in order to ensure that
welfare reform will work for women and children and provide security
and opportunity in the future.
Mr. Chairman, I yield 2 minutes to the gentlewoman from Ohio [Ms.
Pryce].
Ms. PRYCE. Mr. Chairman, I rise in strong support of this amendment
offered by my friend, the gentlewoman from Connecticut [Mrs. Johnson],
commend her for her efforts, and in strong objection to the fact that
there was a statement from the other side that this was the result of a
poll. This is the result of mostly hard work, consultation with
Governors and working the numbers, as the gentlewoman from Connecticut
[Mrs. Johnson] just alluded to.
Mr. Chairman, moving people from welfare to work and toward self-
sufficiency is the central goal of welfare reform. But only by removing
the barriers to work can we achieve this goal.
It is clear that lack of affordable quality child care is a primary
obstacle
[[Page
H3583]] to employment for many parents, especially single
mothers. If we are going to require work, and we should, our Nation's
children must not be forgotten. As the work participation requirements
under
H.R. 4 are phased in, the demand for child care will increase
dramatically. Federal child care dollars will need to serve today's
working poor, as well as the new welfare families who will be entering
the workplace.
All Americans have an interest in meaningful welfare reform that
encourages work. Our Nation also has an intense interest in ensuring
that our children are cared for, especially in their early years so
that they can grow into responsible, productive citizens. The
investment
H.R. 4 makes in child care will contribute to this goal.
Young children watching parents go to work every day is a lesson in
life that cannot be taught any other way.
Mr. Chairman, I urge my colleagues to support the Johnson-Pryce-Dunn-
Waldholtz amendment to make sure we take care of America's children
while their parents experience the dignity of work and move into self-
sufficiency.
Mr. McDERMOTT. Mr. Chairman, I yield 1 minute to the gentleman from
Michigan [Mr. Levin].
Mr. LEVIN. Mr. Chairman, this amendment is better than nothing, but
it really is not good enough. Real welfare reform is critical. The
status quo is indeed dead. The key to welfare reform is work, and
important for getting people off of welfare into work is child care.
H.R. 4 would gut the child care provisions, and what this does is to
try to retrieve some of that. According to one estimate, 32 percent of
what is cut out of
H.R. 4 would be restored here.
So, Mr. Chairman, a third of a loaf is better than none, but it is
going to leave many people who are on welfare, who must get to work,
without the provision of child care. The Deal bill goes all the way in
terms of making work a reality and making day care available, and that
is why I support the Deal bill.
Mrs. JOHNSON of Connecticut. Mr. Chairman, I yield such time as he
may consume to the gentleman from Pennsylvania [Mr. Goodling], chairman
of the Committee on Economic and Educational Opportunities.
Mr. GOODLING. Mr. Chairman, I thank the gentlewoman from Connecticut
[Mrs. Johnson] for giving me the time and also for sponsoring the
amendment.
Mr. Chairman, when the legislation left our committee, I said to the
Committee on Ways and Means that I had two concerns about what we had
done in committee. One was that perhaps in the outyears we did not have
sufficient money. I was not worried about the 1st year or the 2d year
as far as day care was concerned, but I was worried about the outyears,
and she is taking care of that. The other concern that I had dealt with
legal aliens, which I believe will be taken care of later also.
Mr. Chairman, the beauty of the gentlewoman's amendment is that she
goes way above what the CBO baseline projects for spending over this 5
years. CBO baseline says 9,396,000,000. With the amendment offered by
the gentlewoman from Connecticut [Mrs. Johnson] we are now up to
10,515,000,000. So there is a sizable increase over what the CBO
baseline projects, and I am happy to support the gentlewoman's
amendment.
Mr. McDERMOTT. Mr. Chairman, I yield 5 minutes to the gentleman from
Michigan [Mr. Kildee], and I ask unanimous consent that he be allowed
to control that time.
The CHAIRMAN. Is there objection to the request of the gentleman from
Washington?
There was no objection.
Mr. KILDEE. Mr. Chairman, I rise in support of the amendment offered
by the gentlewoman from Connecticut [Mrs. Johnson] because it makes the
bill marginally better. But the structure that has been changed in this
bill really will not permit me to vote for the bill itself, but I will
support the amendment in case this bill passes, that we will have
marginally recognized that this child care is very, very important. Let
me give my colleagues an example.
I have been in public life for 30 years now, and of course for 30
years, like many of my colleagues in public life, I have been asked to
try to get people jobs. I can recall in one instance I got a woman a
job working in a restaurant in Flint, MI, and she had three children,
and she was so happy to get that job, but she really did not have any
reliable child care. She worked on that job less than 2 weeks and found
that in less than 2 weeks she had four or five different arrangements
for child care, with her grandparents, with a sister, with a neighbor.
One day the kids were left alone--that was the last day she worked--
left home alone, asking a neighbor to look in once in a while on them.
Mr. Chairman, that is a cruel choice to give to women, to tell them
that they should work, and certainly work is much to be preferred to
welfare, but to force a woman to have no reliable child care, to rely
upon a neighbor, a sister, a grandparent, and then the worst choice, to
leave them home alone, and that, for her, was the last she could
choose, and she had to leave that job. Now we can do better than that.
Now I support the amendment offered by the gentlewoman from
Connecticut [Mrs. Johnson], but the structure and the cuts we have here
in child care are enormous. By the year 2000, fiscal year 2000, in
Michigan, Michigan will lose $16.1 million for this and lose almost
10,000 child care slots. Now, albeit the Johnson amendment does
marginally improve that, under that Michigan, by the year 2000, will
lose $12.1 million and lose only 7,400 slots. But I am concerned about
those 7,400 slots. That is why I cannot support this bill, but the
gentlewoman from Connecticut [Mrs. Johnson] is marginally improving the
bill with her amendment.
So, Mr. Chairman, I would urge the support of the amendment offered
by the gentlewoman from Connecticut [Mrs. Johnson] but urge the defeat
of the bill.
Mr. GOODLING. Mr. Chairman, as the designee of the gentleman from
Texas [Mr. Archer], I move to strike the last word in order to receive
the 5 minutes of debate time as provided for in the rule.
The CHAIRMAN. The gentleman has that right.
Mrs. JOHNSON of Connecticut. Mr. Chairman, how much time do I have
remaining?
The CHAIRMAN. Eight and a half minutes.
Mrs. JOHNSON of Connecticut. Including the 5 minutes just yielded?
The CHAIRMAN. The gentlewoman is correct.
Mrs. JOHNSON of Connecticut. Mr. Chairman, I yield 2 minutes to the
gentlewoman from Washington [Ms. Dunn], a member of the Committee on
Ways and Means and the chief sponsor of this amendment.
Ms. DUNN of Washington. Mr. Chairman, on behalf of some of America's
neediest and yet valued citizens, we begin the process of ending
welfare as a way of life and restoring welfare assistance to its
original purpose, to provide temporary help to our neighbors in need.
Mr. Chairman, Americans are a generous people who have long
demonstrated our commitment to help our neighbors, families and
children in need, but the American people also ask for results for our
efforts.
To the American taxpayers who have, so far, spent $5 trillion to
support what has been described by both sides in this House debate as a
failed welfare system, let me assure them that our bill is a botton-up
review. The Republican bill will remove the incentives that encourage
welfare dependency and provide new incentives that encourage work and
lift people from the cycle of poverty.
As part of providing support to the soon-to-be working mothers, Mr.
Chairman, we are offering an amendment that will provide an additional
$750 million in child care funding to these parents. As people move off
welfare the women with children, especially preschool children, could
be caught in a trap. Rightfully they are required to enter the work
force, and yet also rightfully they are worried about the safety of
their children. Our amendment helps newly working mothers meet their
personal responsibility obligations and address the legitimate concerns
for their children.
Last Saturday, Mr. Chairman, at home in Washington State I met with a
group of welfare mothers at a Head Start meeting. They were unanimous
and emphatic in their desire to get off
[[Page
H3584]] welfare, but one thing they did ask for help on was the
responsibility of funding day care. Help them find good day care, and
they will take the responsibility of finding work in the private
sector.
Mr. Chairman, as a single mother who raised two sons, I know the
value of good day care and the peace of mind when it is found. I urge
my colleagues to support this amendment.
Mr. KILDEE. Mr. Chairman, I yield such time as she may consume to the
gentlewoman from California [Ms. Pelosi].
Ms. PELOSI. Mr. Chairman, as the gentleman from Michigan [Mr. Kildee]
pointed out in his very poignant story about the mother who had to
choose between leaving her child at home or going to work to provide
for that child, nothing is more important in moving, transitioning,
poor women from welfare to work than the availability of quality child
care, and that is what is so sad about
H.R. 4, because it eliminates
child care assistance to more than 400,000 low-income children in the
year 2000, it eliminates child care funding now guaranteed for AFDC
recipients participating in education, training or work activities. It
eliminates the child funding now guaranteed for 12 months to AFDC
recipients making the transition from welfare to work, and it cuts more
child care services by $2.4 billion over the next 5 years.
Now the amendment offered by our colleagues, the gentlewoman from
Connecticut [Mrs. Johnson], the gentlewoman from Ohio [Ms. Pryce] and
the gentlewoman from Utah [Mrs. Waldholtz], is a step in the right
direction, and I commend the sponsors for offering it, but I recall a
story by the former Governor of Texas who said, ``You can put lipstick
on a sow and call it Monique, but it's still a pig,'' and this, I
contend, is a cosmetic change to this terrible bill,
H.R. 4.
{time} 1115
In my State of California,
H.R. 4 cuts out 35,000 child care slots.
This bill would restore 9,000 of those. That, as I said, is a step in
the right direction.
It is interesting to me that our colleagues keep saying why are you
criticizing
H.R. 4, it is a great bill, and then come to the floor with
25 amendments of their own to make the bill more acceptable, this being
one of them, this not being enough, because it does not restore
traditional, transitional child care services that have been proven
essential to move mothers with young children from welfare to work,
does not ensure that the additional funds it authorizes will even be
available. It only raises the authorization level, and without it being
an entitlement, the funds may never be there, and would continue to
cut, I repeat, cut child care services for more than 300,000 low-income
children in the year 2000. It would continue to pit poor parents and
their demands to children and to work to provide for those children. It
addresses the basic fundamental problem with this bill, it is weak on
work, cheats children, and rewards the rich, all of this to give a tax
break to the wealthiest Americans.
Mr. Chairman, I urge my colleagues to vote against
H.R. 4. I commend
the Members for introducing this amendment.
Mrs. JOHNSON of Connecticut. Mr. Chairman, I yield myself 15 seconds.
Mr. Chairman, I want to clarify the Record. The Deal bill sets aside
$3.5 billion. The CBO baseline estimate is $4.8 billion, for a total of
approximately $8.3 billion. With the Johnson amendment, our bill will
provide $10.5 billion for day care. So there is absolutely nothing cut.
Mr. Chairman, I yield 2 minutes to the gentlewoman from Utah [Mrs.
Waldholtz], a chief sponsor of this bill and an esteemed freshman
colleague.
Mrs. WALDHOLTZ. Mr. Chairman, I thank the gentlewoman for yielding
time to me.
Mr. Chairman, one of the greatest failings of our current welfare
system is that it forces people to choose between work and benefits.
One of the fundamental principles of this bill is that people should
be encouraged and rewarded for work, and this bill gives them that
opportunity.
But parents cannot reasonably be expected to work their way out of
dependency if while they are working their children are not safely
cared for.
The dangers of inadequate child care are obvious. And forcing low-
income parents to make a choice between welfare and work based on their
ability to afford adequate child care is cruel--and undercuts our
efforts to encourage work and promote self-sufficiency.
This amendment increases the bill's child care block grant by $750
million, so that the States can fund their own affordable child care
programs for low-income and working welfare parents.
It will help ensure safe care for our children, and help their
parents go to work and stay at work by giving them peace of mind that
their children are cared for.
I am proud to join with my colleagues in making this important
change, and I strongly urge my colleagues to support this amendment.
The CHAIRMAN. The gentleman from Washington [Mr. McDermott], has 1
minute remaining and has the right to close.
Mr. McDERMOTT. Mr. Chairman, to extend the debate I move to strike
the last word, and ask unanimous consent to merge that additional time
with the time I am presently controlling.
The CHAIRMAN. Is there objection to the request of the gentleman from
Washington?
There was no objection.
Mr. McDERMOTT. Mr. Chairman, I yield 2 minutes to the gentleman from
Georgia [Mr. Deal].
Mr. DEAL. Mr. Chairman, I thank the gentleman for yielding.
Mr. Chairman, first of all, I commend the gentlewoman who has offered
this amendment, because I think it does recognize a movement in the
right direction to correct some of the provisions of
H.R. 4. It will in
fact add back additional funds. But as I look as the scoring on this,
it appears to me that we are still talking about cutting the funding in
this category by some $600 million below current levels. I think that
is what places all of us on the horns of a dilemma in this debate about
welfare reform. On the one hand, if we are going to try to move people
off of welfare and on to work, especially is we are talking about
mothers, the availability of child care is an essential ingredient in
that formula.
If we are in fact under
H.R. 4, even with the amendment, still
cutting below current levels by $600 million, and if current levels are
not adequate to change the status quo, then we still have a problem.
Our Deal substitute, on the other hand, adds $3.7 billion additional
to the child care fund, and in addition to that we have some $424
million over a 5-year period to assist the working poor.
I think we all recognize that this is an essential ingredient in
making the transformation from welfare to work, and I commend the
gentlewoman for this effort. I think it is a movement in the right
direction. I would like to think, however, that our substitute does a
better job.
Mr. FORD. Mr. Chairman, will the gentleman yield?
Mr. DEAL. I yield to the gentleman from Tennessee.
Mr. FORD. Mr. Chairman, I want to associate myself with the remarks
made by the gentleman from Georgia [Mr. Deal] and just point out that
in the Deal bill, putting work first, you really put mothers into the
work force, and you provide additional child care dollars for those
mothers to go to work, in change from what current law would do. The
Johnson amendment would, I guess, bring about some help. It will reduce
the overall package from 400,000 to 300,000 children who will be in
need of child care, but the Deal bill provides additional resources to
ensure proper child care.
Mrs. JOHNSON of Connecticut. Mr. Chairman, I yield 1 minute to the
gentleman from Florida [Mr. Shaw], the chairman of the subcommittee and
the chief author of the welfare reform bill.
Mr. SHAW. Mr. Chairman, I thank the gentlewoman for yielding, and
compliment her on a most-needed amendment.
Mr. Chairman, we have discussed this in the subcommittee, we have
discussed this in the full committee, that the success of the jobs
program in providing real jobs in
H.R. 4 would require the necessity
for additional money to be put into child care. I would like to also
point out to the committee that under the Deal bill, the child care
provision is $8.3 billion over 5 years. That
[[Page
H3585]] is a total over 5 years. With the Johnson amendment,
H.R. 4 will be $10.5 billion.
So these are the figures. The Johnson amendment brings
H.R. 4 far
ahead of the Deal bill in the amount of money that is put into child
care. The figures are plain, the figures are there, and you cannot
argue with them.
So this bill is much richer in child care and recognizes the need for
additional child care much more than the Deal bill. I certainly would
urge all the Members to support the amendment.
Mr. McDERMOTT. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, I would just point out to the chairman of the committee
that he is mixing apples and oranges. The gentleman has taken away the
guarantee of child care.
Mr. Chairman, I yield 1 minute to the gentleman from Texas [Mr.
Stenholm].
(Mr. STENHOLM asked and was given permission to revise and extend his
remarks.)
Mr. STENHOLM. Mr. Chairman, I again want to come with one set of
figures, only to hear what I believe to be true is totally wrong. It
makes me very confused. But I do commend the gentlewoman for offering
this amendment, because in my opinion, she makes a very badly flawed
bill a little bit better. But I still believe very strongly the Deal
substitute is much better, and I believe the debate will show this.
I want to quickly recount a little conversation that I had with a
pastor in a church in my district. He said to me, ``Charlie, if you
just do one thing for me, I have five unwed mothers, teenage mothers,
in my church. If you do just one thing for me, give me the child care
money so that I can provide child care while I tell that young mother,
go back to school and get an education. I will tell her you get that
education, you make your grades, if you will just help me get the money
to take care of her child when we do it.''
That is what the Deal substitute is proposing, a workable--a workable
substitute, not what we are being offered in
H.R. 4.
Mr. Chairman, I commend the gentlewoman for seeking to make
improvements in the base bill. Unfortunately, I fear that even were her
amendment to pass, the child care provisions would be inadequate.
Therefore, I rise in opposition to the Johnson amendment which falls
far short of the child care provisions contained in Mr. Deal's
substitute.
The Deal substitute provides sufficient funding for child care to
meet the increased needs under the plan's aggressive work requirements.
H.R. 4, on the other hand, reduces child care funding $1.4 billion
below levels provided for under current law and does not ensure that
child care will be available to individuals who need it.
This amendment restores only slightly more than half of the funding
needed to maintain current law. In addition, it still does not
guarantee that funding will be available for welfare recipients who
need child care assistance to move into work.
This lack of funding for child care assistance could mean that either
welfare recipients won't move into work, or parents will be forced to
leave their children in unsafe or substandard care if they do get work.
CBO estimates that the Deal substitute will provide $3.7 billion in
child care spending to meet the increased demand for child care as more
individuals move into work. The substitute also increases child care
assistance for the working poor by $424 million over 5 years above the
baseline projections.
The Deal proposal also consolidates child care programs under a
uniform set of rules and regulations, rather than having to comply with
a patchwork of rules under different programs.
The primary source of child care assistance under the Deal
consolidated block grant would be in the form of vouchers that would be
used by parents with the child care provider of their choice. Having
worked on child care in past Congresses, I strongly believe we must
continue to support parental choice as we have in the Deal substitute.
In addition, the Deal substitute contains the most aggressive work
requirements of any bill we will consider today. We also support these
work requirements with funding for the transitional tools recipients
need to make the move from welfare to work. Child care is one of the
most important tools available for working mothers and I believe we
must provide the necessary funding to see that they are able to work.
Reluctantly, I urge opposition to the Johnson amendment and
enthusiastic support for the Deal substitute.
Mrs. JOHNSON of Connecticut. Mr. Chairman, I yield 1 minute to the
gentleman from Delaware [Mr. Castle].
Mr. CASTLE. Mr. Chairman, I thank the gentlewoman for yielding, and I
rise in very strong support of her amendment.
Mr. Chairman, I think child care is a vital function of our welfare
reform efforts. If you are going to train people, have people work, you
need to make a provision for children. But I think we should straighten
out a few facts. One, is it the welfare reform bill that we are
debating here actually has more money in it than the Deal bill as far
as child care is concerned. I say that respectfully, because I do
respect the Deal bill.
Second, a lot of welfare recipients do not even use State-supported
child care. We need to understand that issue as we debate this also.
Also the structure of all this has been criticized, the structure of
going to a block grant. I would point out a few aspects of going to a
block grant which I think help with respect to the providing of child
care.
First, it provides States maximum flexibility in developing programs
that best suit the needs of the residents. It promotes parental choice
to help parents make their own decisions on child care to best suit
their needs, and we get rid of State set-asides which gives us more
money as well. It gives us flexibility, and I support the amendment.
Mr. McDERMOTT. I yield 30 seconds to the gentleman from Michigan [Mr.
Levin].
Mr. LEVIN. Mr. Chairman, I have tried to check out the figures of the
gentlewoman from Connecticut [Mrs. Johnson] and I truly think they are
wrong. You are discussing just part of the Deal bill and not all of the
pieces that fall in place under the Deal bill. Your approach provides
less money when you take into account the whole picture than would be
the entitlement provision under Deal. The analysis is that you provide
only one-third of what is cut by
H.R. 4, and the Deal bill would keep
all of it. Those are the facts.
Mrs. JOHNSON of Connecticut. Mr. Chairman, I yield 1 minute to the
gentleman from Indiana [Mr. Roemer].
(Mr. ROEMER asked and was given permission to revise and extend his
remarks.)
Mr. ROEMER. Mr. Chairman, I rise in reluctant support of this
amendment, the Johnson-Pryce amendment. I think it is like throwing a
bucket of water into Lake Michigan. We need that bucket of water; we
need all the help we can get in child care. I wish that it was more.
We have heard countless times in our Committee on Education and
Economic Opportunities that child care is directly connected to getting
people to work. I strongly support a tougher work requirement. But we
want people moving off welfare onto the work rolls. We want them to be
good parents and good workers.
That is the way that you connect this together, by adequate funding
in child care. We do not want them to say go to work and neglect your
family, you cannot be a good parent. We want them to do both. This
amendment helps in a small way do that.
I had an amendment before the Committee on Rules that would have
allowed States to match more money into this program, but that was not
allowed.
Mr. McDERMOTT. Mr. Chairman, I yield 1 minute to the gentleman from
Texas [Mr. de la Garza.]
Mr. de la GARZA. Mr. Chairman, listening to the debate, a name burns
in my mind and in my soul. Alejandrita Hernandez, 6 years old, her
parents working in a field in Florida. She is found raped and killed
under a truck.
These were poor working people, and if you reduce by one the
availability of child care, I want it to burn in your mind, Alejandrita
Hernandez. We are talking about savings to give tax credits to the
rich. We are talking about not welfare, not revamping. We are missing
the boat altogether.
As good intentioned as all of us might be, you have not done anything
to help Alejandrita Hernandez. You cannot bring her back. But it would
burn in my mind and soul that her name would be forgotten so that we
can give tax credits to $200,000 and over.
[[Page
H3586]] Mrs. JOHNSON of Connecticut. Mr. Chairman, I yield 1
minute to the gentleman from California [Mr. Bilbray], who has had a
lot of experience in this area.
Mr. BILBRAY. Mr. Chairman, I stand here today not as a Member of
Congress, but as somebody who operated a welfare system for a county
that was larger than 30 States of the Union, San Diego County. I want
to commend my colleague from Connecticut because she shows the
awareness of the realities out there that have been ignored by the
Federal Government for too long.
I appreciate my colleague from Texas being concerned about the
tragedies that have occurred. Those tragedies have occurred, Mr.
Chairman, because of the lack of innovative approaches being allowed by
local government. This amendment will actually allow women to
participate in the child care process, to be part of the answer rather
than part of the problem. And rather than what our colleagues on the
other side of the aisle would like to do, always finance a larger,
bigger bureaucracy, this allows the recipients to be part of the
answer, to participate, to actually earn part of their benefits by
participating in child care.
Mr. Chairman, I think that the compassionate approach that our
colleagues from Connecticut have shown should entice our colleagues on
the other side to join us in this good amendment.
Parliamentary Inquiry
Mrs. JOHNSON of Connecticut. Mr. Chairman, I have a parliamentary
inquiry.
The CHAIRMAN. The gentlewoman will state it.
Mrs. JOHNSON of Connecticut. Mr. Chairman, is it not procedurally
correct that I close?
The CHAIRMAN. The gentlewoman from Connecticut is choosing to amend
the committee position. The gentleman from Washington [Mr. McDermott]
took the committee position in opposition. He has the privilege of
closing.
Mrs. JOHNSON of Connecticut. Mr. Chairman, I yield 1 minute to the
gentlewoman from Kansas [Mrs. Meyers].
{time} 1130
Mrs. MEYERS of Kansas. Mr. Chairman, I rise in strong support of this
amendment and of the whole concept of block granting.
We currently have seven different Federal programs: Child care for
AFDC, Transitional Child Care, At-Risk Child Care, Child Care
Development Block Grant, State Dependent Care Planning and Development
Grants Program, Child Development Associate Credential Scholarship
Program, Native American Family Centers Program.
This is certainly not a seamless program. There is a great deal of
bureaucracy and money spent. It is confusing to the recipients.
I strongly support the block grant and the fact that the gentlewoman
from Connecticut [Mrs. Johnson] is adding $150 million which will
provide even more, certainly, that goes to child care than we are
providing now. A great deal is lost in the confusion among the various
programs. I strongly support the Johnson amendment.
Mr. McDERMOTT. Mr. Chairman, I yield such time as he may consume to
the gentleman from Tennessee [Mr. Clement].
(Mr. CLEMENT asked and was given permission to revise and extend his
remarks.)
Mr. CLEMENT. Mr. Chairman, I rise in opposition to the Johnson
amendment.
Mr. Chairman, one of the biggest barriers to work for welfare
recipients is their inability to provide their child with safe and
affordable care while they work.
H.R. 4 will make it more difficult for single parents on welfare to
move into work than it is right now.
H.R. 4 reduces child care funding and provides no guarantee that
child care will be available to individuals who need it.
H.R. 4 as it is currently written reduces funding for child care
services $1.4 billion below the current levels.
The Johnson amendment restores more than half the cut but still
leaves funding for child care services $650 million below current
levels.
Supporters of
H.R. 4 claim that their bill has real work requirements
and that they will put people to work. If this is true, they do not
have enough money for child care and these people will not be able to
go to work.
So which is it? Is
H.R. 4 weak on work as we assert, or is it that
H.R. 4 is weak on funding for child care?
Which is it? You cannot have it both ways?
Mr. Chairman, another day of debate, another hole exposed.
Mr. McDERMOTT. Mr. Chairman, I yield myself the balance of my time.
We have talked about numbers here. The fact is that the bill that
came out of the committee, proposed by the gentlewoman from Connecticut
[Mrs. Johnson] and others, repealed $4.6 billion in child care. That,
plus the $8 million that the gentleman from Georgia [Mr. Deal] has, is
more than $12 billion, which is more money than was presently in this
bill. So there is no question.
The gentlewoman from Connecticut [Mrs. Johnson] assures us that there
is no dealing with polls here, nobody is worried about polls. Well, I
have a story from the Washington Times on the 5th of March where the
gentleman from Pennsylvania [Mr. Goodling] says, ``The only major area
of concern I have is the area of day care.''
This has been known since the 5th of March, when it was in the
committee of the gentleman from Pennsylvania [Mr. Goodling]. He did
absolutely nothing about it.
When it gets out here on the floor and the American public figures
out what it is all about, suddenly they say, in the poll, the
Republicans are cutting child care; they should not be doing that.
So we suddenly have this little fig leaf amendment. I urge that
Members vote against this fig leaf amendment and for the bill of the
gentleman from Georgia [Mr. Deal].
The CHAIRMAN. All time has expired.
The question is on the amendment offered by the gentlewoman from
Connecticut [Mrs. Johnson].
The amendment was agreed to.
The CHAIRMAN. It is now in order to consider amendment No. 15 printed
in House Report 104-85.
amendment offered by mrs. roukema
Mrs. ROUKEMA. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment offered by Mrs. Roukema: Page 114, strike line 4,
and insert the following:
``(b) Additional Requirements With Respect To Assistance
for Pregnant, Postpartum, and Breastfeeding Women, Infants,
and Children.--
``(1) Minimum amount of assistance.--The State shall
Page 114, after line 11, insert the following paragraph:
``(2) Cost containment measures regarding procurement of
infant formula--
``(A) In general.--The State shall, with respect to the
provision of food assistance to economically disadvantaged
pregnant women, postpartum women, breastfeeding women,
infants, and young children under subsection (a)(1),
establish and carry out a cost containment system for the
procurement of infant formula.
``(B) Use of amounts resulting from savings.--The State
shall use amounts available to the State as result of savings
in costs to the State from the implementation of the cost
containment system described in subparagraph (A) for the
purpose of providing the assistance described in paragraphs
(1) through (5) of subsection (a).
``(C) Annual reports.--The State shall submit to the
Secretary for each fiscal year a report containing--
``(i) a description of the cost containment system for
infant formula implemented by the State in accordance with
subparagraph (A) for such fiscal year; and
``(ii) the estimated amount of savings in costs derived by
the State in providing food assistance described in such
subparagraph under such cost containment system for such
fiscal year as compared to the amount of such savings derived
by the State under the cost containment system for the
preceding fiscal year, where appropriate.
The CHAIRMAN. Under the rule, the gentlewoman from New Jersey [Mrs.
Roukema] will be recognized for 10 minutes, and a Member in opposition
will be recognized for 10 minutes.
Mr. KILDEE. Mr. Chairman, I am mildly opposed to the amendment.
The CHAIRMAN. The gentleman from Michigan [Mr. Kildee] will be
recognized for 10 minutes.
The Chair recognizes the gentlewoman from New Jersey [Mrs. Roukema].
[[Page
H3587]] Mrs. ROUKEMA. Mr. Chairman, I yield myself such time
as I may consume.
Mr. Chairman, as you know, I am offering an amendment to
H.R. 4 that
will require States to carry out cost-containment systems for providing
infant formula to WIC participants under the family nutrition block
grant in
H.R. 4.
Mr. Chairman, this issue rightfully has been the source of
considerable debate over the past few months.
During the Opportunities Committee markup, an amendment was offered
by my colleague from Michigan [Mr. Kildee], that would have maintained
the current system of competitive bidding for infant formula for the
WIC Program. This amendment, which I supported--the only Republican to
do so--was defeated, which is why I am standing here today.
Many Members, including myself, continue to be deeply concerned that,
under the current system in
H.R. 4, which eliminates the existing
competitive bidding system for infant formula, States might no longer
choose to carry out competitive bidding.
Mr. Chairman, under current law, States are required to have infant
formula producers bid competitively for WIC contracts, or any other
cost-containment measure that yields equal to or greater savings than
those achieved under competitive bidding. And, currently, according to
the USDA, this system achieves an estimated savings of over $1 billion
annually which is used to provide WIC services to 1.6 million
economically disadvantaged pregnant women, postpartum women,
breastfeeding women, infants, and young children every month. This, of
course, is why I support retaining competitive bidding.
And, although my amendment does not mandate competitive bidding, I
believe that it takes a big step in ensuring that States achieve the
necessary savings in their infant formula program so that eligible
individuals can receive essential WIC services.
Importantly, Mr. Chairman, my amendment would require that States use
the savings achieved under this system for the purposes of carrying out
all services under this nutrition block grant--child and adult care
food, summer food, and homeless children nutrition. As a result, States
are given the flexibility to use these savings where they see the
greatest need.
Moreover, my amendment would have States report annually to the
Secretary of Agriculture on the system they are using, the savings
achieved, and how this savings compares to that of the previous fiscal
year. This is an important part of the amendment because it gives
infant formula producers the incentive to keep their bids low. Without
this safeguard, no one has to know what, if any, savings are being
achieved. Nor can we assess whether fraudulent practices are adding to
costs.
Mr. Chairman, I support the block grant approach. However, some block
grant supporters argue that States are capable of carrying out their
own cost-containment systems without Federal involvement, and that
States will continue to carry out cost-containment systems that best
serve those in need. But we should not assume that States will do the
right thing when this kind of money is at stake.
That is precisely what this amendment attempts to do, Mr. Chairman.
The Congress has an obligation--a fiduciary one--to evaluate and
monitor how Federal tax dollars are being spent.
And, I would argue against those who claim that this would be a
mandate on the States interfering with flexibility because my amendment
neither tells the State what type of cost-containment measure to
implement, nor does it tell the State how much savings to achieve.
Mr. Chairman, this is a good amendment, and a necessary one. I urge
my colleagues to support it.
This amendment would require States to carry out cost-containment
systems for infant formula included in food packages provided under the
family nutrition block grant.
The State will report to the Secretary of Agriculture on an annual
basis: the system it is using; the savings generated by this system;
and how this savings compares to previous savings under the Federal
system.
The State shall use whatever savings it achieves for the purpose of
providing services to the programs under the family nutrition block
grant.
While I am about to mention four current alternative cost-containment
systems, States are certainly not limited to these options but can
combine and/or devise new ways to contain costs.
One, multisource systems--State agencies procuring infant formula can
award contracts to the lowest bidder as well as other manufacturers
whose bids fall within a certain price range of this bid. States can
determine how big this margin should be.
Two, open market rebate systems--State agencies can negotiate
separate rebates with each infant formula manufacturer so that WIC
participants can choose between those infant formulas being offered.
These rebates do not increase a manufacturers market share nor will
choosing not to offer a rebate prevent a manufacturer from having less
shelf space.
This merely assures smaller or newer infant formula manufacturers
some access to the WIC infant formula market.
Three multistate systems--cooperative purchasing--States within a
region of the U.S. can join together under one type of rebate system to
procure infant formula.
Rebates tend to be higher in large States because in those States
there are more people which means that there will most likely be more
WIC participants and subsequently a larger market share at stake for
which infant formula manufacturers are willing to pay a higher price.
Conversely, rebates tend to be lower in smaller States because these
States have smaller populations most likely translating into fewer WIC
participants which means that the market is smaller and, subsequently,
less of an incentive for an infant formula manufacturer to offer a low
bid.
It has been suggested that, as evidenced through past multistate
systems, larger States join with other large States and that small
States join with other small States because, when they cross over,
smaller States will benefit with a higher rebate which might fall below
the rebate that the larger States were originally receiving.
Four, fixed price procurement systems--State agencies purchase infant
formula directly from the manufacturer at some type of discounted fixed
price.
The infant formula can then either be distributed by the appropriate
State agency or by the retail stores.
And, this fixed price could be determined by all three parties
involved--manufacturer, agency, and retailer.
Mr. Chairman, I reserve the balance of my time.
Mr. McDERMOTT. Mr. Chairman, to extend debate, as the designee of the
gentleman from Florida [Mr. Gibbons], I move to strike the last word
and ask unanimous consent to merge that additional time with the time
which the gentleman from Michigan [Mr. Kildee] is now controlling.
The CHAIRMAN. Is there objection to the request of the gentleman from
Washington?
There was no objection.
The CHAIRMAN. The Chair recognizes the gentleman from Michigan [Mr.
Kildee].
Mr. KILDEE. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I am very disappointed that the Committee on Rules
would not allow me to offer my amendment to require States to continue
to use competitive bidding when purchasing infant formula for the WIC
program.
That amendment would have saved $1 billion. Although I will support
probably, if I am persuaded, the amendment of the gentlewoman from New
Jersey [Mrs. Roukema], as it is well-intentioned, I am skeptical that
it will really do anything. There is a billion dollars worth of
difference between the words ``cost containment'' and ``competitive
bidding.'' A billion dollars worth of difference.
The amendment of the gentlewoman from New Jersey [Mrs. Roukema] would
require States to use cost containment measures. Prior to the enactment
of the 1989 law requiring States to use competitive bidding, States
were using a variety of cost containment measures. We found that they
just did not work. The savings were minimal.
That is why in 1989, in a true bipartisan manner with the help of
President George Bush, we enacted a law to require States to use
competitive bidding in the WIC program. We found that when we required
States to use that competitive bidding, Mr. Chairman, not mere cost
containment, that we saved $1 billion a year, $1 billion, $1 billion
that enabled 1\1/2\ million more
[[Page
H3588]] pregnant women and infants to be served each month under
the WIC program.
Many of you will say, well, the States will continue to use
competitive bidding. But only half the States were doing that before we
mandated that by law. The other half were using industry-favored cost
containment systems.
I would like to ask a question of the gentlewoman from New Jersey,
who I know is the only Republican in committee who supported my
amendment on competitive bidding.
Let us say that the State enters into a contract with one of the
infant formula companies and gets a $10,000 rebate on a $5 million
contract.
Would that qualify?
Mrs. ROUKEMA. Mr. Chairman, will the gentleman yield?
Mr. KILDEE. I yield to the gentlewoman from New Jersey.
Mrs. ROUKEMA. Mr. Chairman, I did not hear the gentleman. I could not
hear the gentleman over the din.
Mr. KILDEE. The question is, under the gentlewoman's language, if a
State entered into a contract with an infant formula company and got a
$10,000 rebate on a $5 million contract, would that qualify under the
gentlewoman's language?
Mrs. ROUKEMA. Mr. Chairman, if the gentleman will continue to yield,
if that is the cost containment program, yes. I believe that money
would then be reinvested back into the WIC program. I am sorry. WIC or
any other part of the block grant, as I explained in my opening
statement.
Mr. KILDEE. Mr. Chairman, $100,000 would qualify then, and $1 million
would certainly qualify, right? If they entered into a contract with an
infant formula company and say we will get a million dollars rebate on
a $5 million contract, a fortiori, that would qualify under the
gentlewoman's language?
Mrs. ROUKEMA. I think I am not quite sure what the gentleman is
getting at, but I think he is talking about sole-source bidding, and
maybe he is not going to make those same savings. That, of course, is
one
of the underlying reasons I supported the gentleman in committee.
We do not have all those benefits here, but this is a giant step, it
seems to me, in the right direction of exercising, maintaining the
flexibility of the States and still exercising our fiduciary
responsibility.
Mr. KILDEE. My point is that under the gentlewoman's language, a
$10,000 rebate would qualify for a $5 million contract, and a $1
million rebate would qualify under a $5 million contract. The fact of
the matter is that we would do better under a competitive bidding than
a $1 million rebate under a $5 million contract. We found that out. We
would save much more under competitive bidding.
So the gentlewoman can see the markup they have on infant formula. We
would do far more than even if we got a $1 million rebate on a $5
million contract, if we used the language I wanted to use and which the
gentlewoman supported in committee, to her great credit, competitive
bidding.
Competitive bidding saves $1 billion a year. We found that out as
soon as we enacted this in 1989. So the most generous cost containment
that could be used under the gentlewoman's language would be far less a
savings than competitive bidding. There is a $1 billion worth of
difference between cost containment and competitive bidding.
Mr. Chairman, I reserve the balance of my time.
{time} 1145
Mrs. ROUKEMA. Mr. Chairman, I yield 2 minutes to the gentleman from
Pennsylvania [Mr. Goodling], the chairman of the committee.
Mr. GOODLING. I thank the gentlewoman for yielding me the time.
I want to echo what she said because it is what I have said since day
1, that we do not believe in block grants as revenue sharing. We set
the goals and that is what she is doing. The gentleman from Michigan is
correct. Back in the old days, and it seems we cannot get beyond the
old days. But back in the olden days, States did not know all those
things. They learned all those things now. Would it not be kind of
foolish now to walk away from the opportunity of getting an extra $1
billion, or $2 billion if you can get that? So what she does is give
that flexibility to the States. I cannot imagine any State anywhere
walking away from getting the biggest amount that they can possibly
get. As I said, they have learned how to do that now. Ten years ago,
they did not know that. But they have the experience. So I think the
gentlewoman's amendment is one that should be accepted and it will go a
long way to take care of those we wish to take care in a flexible
manner that more can be served than have been served in the past. I
would hope all would support her amendment.
Mr. KILDEE. Mr. Chairman, I yield myself such time as I may consume.
I would say that I certainly would hope that we all learn from
subsequent actions. But I having served 12 years in State government
know the influence of the infant formula companies on State government.
They do various things on cost containment. They will promise the
university hospital so much infant formula. They will promise the
health department so much. They work very closely with the legislature
too.
I know that there can be other inducements not nearly as advantageous
to the taxpayers and to the women and the infants as competitive
bidding. If you think they are going to do it, why are you so reluctant
to put it into law?
The gentleman from Pennsylvania [Mr. Goodling] worked with me in
1989. He, George Bush, and the gentleman from Oregon [Mr. Wyden],
worked with me to get that language in. I think we need that language
because I know how the infant formula companies work in the various
States.
Mr. Chairman, I yield 3 minutes to the gentleman from Oregon [Mr.
Wyden].
Mr. WYDEN. I want to thank the gentleman for his good work.
Let me start by saying that I brought to the floor a can of infant
formula which costs a little bit over 30 cents a can to manufacture and
sells retail in our stores for maybe $2.70 a can. As a result of the
free enterprise system that we brought to WIC on a bipartisan basis in
1989, as my colleague has said, we get 1 billion dollars' worth of
taxpayer efficiency on this program every year.
But what I want to say to my colleagues is that after all the talk of
free enterprise that we have heard from the other side this session, as
a result of this bill, even with the Roukema amendment, we will be
going back to the old days of closed markets and backroom contracting.
We ought to note that the gentlewoman from New Jersey wanted to do
this right and to keep competitive bidding. What will happen even with
this amendment is a lot of States will not have to do sealed bids which
is the way to have real competition. We will also see the infant
formula companies going about this country offering inducements to the
States to reject competitive bidding and go with cost containment.
I would like to mention that the Federal Trade Commission, the
experts there, are alarmed not just about the negative aspects for WIC
of eliminating competitive bidding, they have written to me and they
have said that by eliminating competitive bidding, we will reduce
competition for infant formula in our stores and for the general
market.
The reason that is the case is the way these giant infant formula
companies get known is to move into the WIC market and get the public
familiar with their product.
I just say to my colleagues, particularly on the other side, let us
reinvent Government where it does not work. This is an example of a
program where free enterprise, that the parties worked on together in
1989, has worked. As a result, we are going to be eliminating
competitive bidding. That is going to take milk from the mouths of poor
infants and it is going to give cookies and cream to the infant formula
companies and that is wrong.
Mr. Chairman, I include the following for the Record.
Federal Trade Commission,
Washington, DC, March 16, 1995.
Hon. Ron Wyden,
U.S. House of Representatives,
Washington, DC.
Dear Representative Wyden: Chairman Steiger forwarded a
copy of your March 8, 1995 letter to me and asked that I
respond to your inquiries. In that letter, you indicated that
the House Economic and Education Opportunities Committee had
voted to end the competitive bidding requirement for infant
[[Page
H3589]] formula contracts that are part of the Special
Supplemental Food Program for Women, Infants and Children
(``WIC''). You also noted that three companies dominate the
infant formula industry and you pointed to a possible effect
in the general retail market from eliminating bidding
requirements in the WIC Program, namely, that it might
discourage new companies from entering the infant formula
market. In this regard, you asked that, based on our
experience in dealing with competitive issues related to the
WIC and general retail market for infant formula, we respond
to a series of questions.
I should point out that while I have not studied the
proposed legislation to which you referred, I have been
involved in lengthy litigations relating to the WIC and
general retail markets for infant formula, and I am able to
provide you with my views on the questions you have raised.
These views, of course, are my own and do not necessarily
reflect the views of the Commission or any individual
Commissioner. This response does not provide any non-public
information and, accordingly, I do not request confidential
treatment.
1. Do you believe that eliminating competitive bidding for
infant formula in the WIC market will discourage competition
in the general market for infant formula? Please explain.
I agree with your assessment that competitive bidding in
the WIC program makes entry into the infant formula market
easier. I also agree that to the extent that competitive
bidding in the WIC market is eliminated or made less likely,
then competition in the general retail market for infant
formula would be adversely affected.
The infant formula market is highly concentrated, with
three companies accounting for the va
Major Actions:
All articles in House section
PERSONAL RESPONSIBILITY ACT OF 1995
(House of Representatives - March 23, 1995)
Text of this article available as:
TXT
PDF
[Pages
H3581-H3700]
PERSONAL RESPONSIBILITY ACT OF 1995
The SPEAKER pro tempore (Mr. Dickey). Pursuant to House Resolution
119, and rule XXIII, the Chair declares the House in the Committee of
the Whole House on the State of the Union for the further consideration
of the bill
H.R. 4.
{time} 1055
in the committee of the whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the State of the Union for the further consideration of
the bill (
H.R. 4) to restore the American family, reduce illegitimacy,
control welfare spending, and reduce welfare dependence, with Mr.
Linder in the chair.
The Clerk read the title of the bill.
The CHAIRMAN. When the Committee of the Whole rose on Wednesday,
March 22, 1995, amendment No. 11 printed in House Report 104-85,
offered
[[Page
H3582]] by the gentlewoman from California [Ms. Woolsey], had
been disposed of and the bill was open for amendment at any point.
It is now in order to consider amendment No. 13, printed in House
Report 104-85.
amendment offered by Mrs. Johnson of Connecticut
Mrs. JOHNSON of Connecticut. Mr. Chairman, I offer amendment No. 13,
printed in House Report 104-85.
The CHAIRMAN. The clerk will designate the amendment.
The text of the amendment is as follows:
Amendment offered by Mrs. Johnson of Connecticut: Page 87,
line 3, strike ``$1,943,000,000'' and insert
``$2,093,000,000''.
The CHAIRMAN. Pursuant to the rule, the gentlewoman from Connecticut
[Mrs. Johnson] will be recognized for 10 minutes, and a Member opposed
will be recognized for 10 minutes.
Mr. McDERMOTT. Mr. Chairman, I rise in opposition to the amendment.
The CHAIRMAN. The gentleman from Washington [Mr. McDermott] will be
recognized for 10 minutes.
The Chair recognizes the gentlewoman from Connecticut [Mrs. Johnson].
Mrs. JOHNSON of Connecticut. Mr. Chairman, I yield myself such time
as I may consume.
Mr. Chairman, I rise today to urge support of the child care
amendment which I am offering along with Congresswomen Pryce, Dunn, and
Waldholtz, which raises the authorization level for the child care
grant by $150 million a year for 5 years.
Mr. Chairman, there are three main points I would like to make with
respect to this amendment.
First, requiring adults to work in exchange for their benefits will
increase the need for child care. This is inevitable. Fully 63 percent
of families on AFDC have children age 5 and under. A significant number
of children who are in school still need after-school care, since the
school day and school year are much more limited than the typical
workday and work year.
In an ideal world, extended family would be able to provide some
amount of this care. But in today's world day care and the need for day
care is a reality for those on welfare and those gaining independence.
Second, reduced child care funding puts the squeeze on the working
poor. In recent years, AFDC participation rates have resulted in States
offering the program tilting more and more toward welfare families and
away from the working poor.
Thirty-five States reported last year that they have a waiting list
for subsidized child care for working poor. My State of Connecticut
does not even maintain a waiting list anymore, since all slots opened
up are already spoken for.
As we require more women on welfare to work, this problem is going to
get more serious, not less serious.
I am pleased to be proposing this amendment today because I think it
expands our resources significantly to address the child care needs
that will develop as we reform welfare. But this amendment is not the
whole answer. That is a point that is very important to make because
there was a lot of misunderstanding in recent days as we debated this
bill about how we are going to manage the child care needs that welfare
reform will impose upon society. The heart of the solution is actually
not this amendment; the heart of the solution is moving welfare from a
cash-gift basis to a cash-wage basis because if everyone receiving
welfare were also working and we used our day care resources to pay
very skilled administrators and lead teachers, child development
experts to run these day care centers, with welfare recipients now
being paid to staff them, then we would in fact have the child care
slots that we need at the money that is currently available.
So this is simply one step forward, giving States time and resources
to create really the much greater, broader child care opportunity,
better connected to education, work, and training that real reform
demands.
Mr. Chairman, I reserve the balance of my time.
{time} 1100
Mr. McDERMOTT. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, Members of the House, we have again a fig leaf on the
other side. They have written the bill, they have gotten it out here.
Then they did a poll. On Monday they did a poll; a Republican pollster
did a poll, and found that 67 percent of Americans believe the
Government should help pay for child care for mothers on welfare. They
found that 54 percent of those surveyed opposed eliminating
requirements to State-set minimum health and safety standards for child
care. So they said, ``This is awful what we did. We've cut 400,000 kids
out of child care.''
So they have come out here with an amendment today. It is a fig leaf.
It puts 100,000 back on. There is still 300,000 kids who will not get
welfare child care under this bill.
There should be no mistake about it; this does not solve the problem.
The gentlewoman from Connecticut [Mrs. Johnson] is absolutely correct.
It is a fig leaf because they got a poll that said they were in
trouble.
Mr. Chairman, I yield 2\1/2\ minutes to the gentlewoman from
Connecticut [Mrs. Kennelly].
Mrs. KENNELLY. Mr. Chairman, this goes right to the heart of the
debate, and the gentlewoman from Connecticut [Mrs. Johnson] and I have
worked on some of these issues over the years, but we part company
today in addressing day care; the reason is that the Republican bill
block grants and sends everything back to the State. What we would like
to do in the Deal amendment is to make sure some of the programs that
do work stay in the Federal purview.
H.R. 4 repeals a transitional child care program which guarantees day
care for the children of parents who leave welfare. This is needed. It
repeals an AFDC child care program which provides day care for parents
attempting to get off welfare, and
H.R. 4 repeals the at-risk child
care program for people that try to stay off and do not want to go back
on, and so we have this amendment before us which is a good amendment
because it has additional dollars for day care.
However, Mr. Chairman, the amendment has the correct idea;
unfortunately the vehicle is the incorrect vehicle. Block grants will
not be able to provide more with less. If you are serious about taking
people off welfare and putting them to work, in many cases you have to
see there is adequate day care. That is what the programs we are ending
tried to do.
One of the best parts of the Federal program is taking care of three
groups needing child care: The family on welfare trying to get off, the
family that was on welfare and doesn't want to go back, and the family
in danger of going on welfare. If you work, want to work, or need to
work, you often need help--especially if you are a single head of
household. I commend the woman and Mrs. Johnson for putting forth this
amendment.
Mrs. JOHNSON of Connecticut. Mr. Chairman, before yielding to my
colleague from Ohio, I yield myself such time as I may consume.
Mr. Chairman, I do want to mention that this amendment was put in
well before that poll. This is not a poll response. This was put in
after all the bills came out of committees. We had a chance to evaluate
their interaction and how the program would work, and this is the money
that then we decided was needed to be added in order to ensure that
welfare reform will work for women and children and provide security
and opportunity in the future.
Mr. Chairman, I yield 2 minutes to the gentlewoman from Ohio [Ms.
Pryce].
Ms. PRYCE. Mr. Chairman, I rise in strong support of this amendment
offered by my friend, the gentlewoman from Connecticut [Mrs. Johnson],
commend her for her efforts, and in strong objection to the fact that
there was a statement from the other side that this was the result of a
poll. This is the result of mostly hard work, consultation with
Governors and working the numbers, as the gentlewoman from Connecticut
[Mrs. Johnson] just alluded to.
Mr. Chairman, moving people from welfare to work and toward self-
sufficiency is the central goal of welfare reform. But only by removing
the barriers to work can we achieve this goal.
It is clear that lack of affordable quality child care is a primary
obstacle
[[Page
H3583]] to employment for many parents, especially single
mothers. If we are going to require work, and we should, our Nation's
children must not be forgotten. As the work participation requirements
under
H.R. 4 are phased in, the demand for child care will increase
dramatically. Federal child care dollars will need to serve today's
working poor, as well as the new welfare families who will be entering
the workplace.
All Americans have an interest in meaningful welfare reform that
encourages work. Our Nation also has an intense interest in ensuring
that our children are cared for, especially in their early years so
that they can grow into responsible, productive citizens. The
investment
H.R. 4 makes in child care will contribute to this goal.
Young children watching parents go to work every day is a lesson in
life that cannot be taught any other way.
Mr. Chairman, I urge my colleagues to support the Johnson-Pryce-Dunn-
Waldholtz amendment to make sure we take care of America's children
while their parents experience the dignity of work and move into self-
sufficiency.
Mr. McDERMOTT. Mr. Chairman, I yield 1 minute to the gentleman from
Michigan [Mr. Levin].
Mr. LEVIN. Mr. Chairman, this amendment is better than nothing, but
it really is not good enough. Real welfare reform is critical. The
status quo is indeed dead. The key to welfare reform is work, and
important for getting people off of welfare into work is child care.
H.R. 4 would gut the child care provisions, and what this does is to
try to retrieve some of that. According to one estimate, 32 percent of
what is cut out of
H.R. 4 would be restored here.
So, Mr. Chairman, a third of a loaf is better than none, but it is
going to leave many people who are on welfare, who must get to work,
without the provision of child care. The Deal bill goes all the way in
terms of making work a reality and making day care available, and that
is why I support the Deal bill.
Mrs. JOHNSON of Connecticut. Mr. Chairman, I yield such time as he
may consume to the gentleman from Pennsylvania [Mr. Goodling], chairman
of the Committee on Economic and Educational Opportunities.
Mr. GOODLING. Mr. Chairman, I thank the gentlewoman from Connecticut
[Mrs. Johnson] for giving me the time and also for sponsoring the
amendment.
Mr. Chairman, when the legislation left our committee, I said to the
Committee on Ways and Means that I had two concerns about what we had
done in committee. One was that perhaps in the outyears we did not have
sufficient money. I was not worried about the 1st year or the 2d year
as far as day care was concerned, but I was worried about the outyears,
and she is taking care of that. The other concern that I had dealt with
legal aliens, which I believe will be taken care of later also.
Mr. Chairman, the beauty of the gentlewoman's amendment is that she
goes way above what the CBO baseline projects for spending over this 5
years. CBO baseline says 9,396,000,000. With the amendment offered by
the gentlewoman from Connecticut [Mrs. Johnson] we are now up to
10,515,000,000. So there is a sizable increase over what the CBO
baseline projects, and I am happy to support the gentlewoman's
amendment.
Mr. McDERMOTT. Mr. Chairman, I yield 5 minutes to the gentleman from
Michigan [Mr. Kildee], and I ask unanimous consent that he be allowed
to control that time.
The CHAIRMAN. Is there objection to the request of the gentleman from
Washington?
There was no objection.
Mr. KILDEE. Mr. Chairman, I rise in support of the amendment offered
by the gentlewoman from Connecticut [Mrs. Johnson] because it makes the
bill marginally better. But the structure that has been changed in this
bill really will not permit me to vote for the bill itself, but I will
support the amendment in case this bill passes, that we will have
marginally recognized that this child care is very, very important. Let
me give my colleagues an example.
I have been in public life for 30 years now, and of course for 30
years, like many of my colleagues in public life, I have been asked to
try to get people jobs. I can recall in one instance I got a woman a
job working in a restaurant in Flint, MI, and she had three children,
and she was so happy to get that job, but she really did not have any
reliable child care. She worked on that job less than 2 weeks and found
that in less than 2 weeks she had four or five different arrangements
for child care, with her grandparents, with a sister, with a neighbor.
One day the kids were left alone--that was the last day she worked--
left home alone, asking a neighbor to look in once in a while on them.
Mr. Chairman, that is a cruel choice to give to women, to tell them
that they should work, and certainly work is much to be preferred to
welfare, but to force a woman to have no reliable child care, to rely
upon a neighbor, a sister, a grandparent, and then the worst choice, to
leave them home alone, and that, for her, was the last she could
choose, and she had to leave that job. Now we can do better than that.
Now I support the amendment offered by the gentlewoman from
Connecticut [Mrs. Johnson], but the structure and the cuts we have here
in child care are enormous. By the year 2000, fiscal year 2000, in
Michigan, Michigan will lose $16.1 million for this and lose almost
10,000 child care slots. Now, albeit the Johnson amendment does
marginally improve that, under that Michigan, by the year 2000, will
lose $12.1 million and lose only 7,400 slots. But I am concerned about
those 7,400 slots. That is why I cannot support this bill, but the
gentlewoman from Connecticut [Mrs. Johnson] is marginally improving the
bill with her amendment.
So, Mr. Chairman, I would urge the support of the amendment offered
by the gentlewoman from Connecticut [Mrs. Johnson] but urge the defeat
of the bill.
Mr. GOODLING. Mr. Chairman, as the designee of the gentleman from
Texas [Mr. Archer], I move to strike the last word in order to receive
the 5 minutes of debate time as provided for in the rule.
The CHAIRMAN. The gentleman has that right.
Mrs. JOHNSON of Connecticut. Mr. Chairman, how much time do I have
remaining?
The CHAIRMAN. Eight and a half minutes.
Mrs. JOHNSON of Connecticut. Including the 5 minutes just yielded?
The CHAIRMAN. The gentlewoman is correct.
Mrs. JOHNSON of Connecticut. Mr. Chairman, I yield 2 minutes to the
gentlewoman from Washington [Ms. Dunn], a member of the Committee on
Ways and Means and the chief sponsor of this amendment.
Ms. DUNN of Washington. Mr. Chairman, on behalf of some of America's
neediest and yet valued citizens, we begin the process of ending
welfare as a way of life and restoring welfare assistance to its
original purpose, to provide temporary help to our neighbors in need.
Mr. Chairman, Americans are a generous people who have long
demonstrated our commitment to help our neighbors, families and
children in need, but the American people also ask for results for our
efforts.
To the American taxpayers who have, so far, spent $5 trillion to
support what has been described by both sides in this House debate as a
failed welfare system, let me assure them that our bill is a botton-up
review. The Republican bill will remove the incentives that encourage
welfare dependency and provide new incentives that encourage work and
lift people from the cycle of poverty.
As part of providing support to the soon-to-be working mothers, Mr.
Chairman, we are offering an amendment that will provide an additional
$750 million in child care funding to these parents. As people move off
welfare the women with children, especially preschool children, could
be caught in a trap. Rightfully they are required to enter the work
force, and yet also rightfully they are worried about the safety of
their children. Our amendment helps newly working mothers meet their
personal responsibility obligations and address the legitimate concerns
for their children.
Last Saturday, Mr. Chairman, at home in Washington State I met with a
group of welfare mothers at a Head Start meeting. They were unanimous
and emphatic in their desire to get off
[[Page
H3584]] welfare, but one thing they did ask for help on was the
responsibility of funding day care. Help them find good day care, and
they will take the responsibility of finding work in the private
sector.
Mr. Chairman, as a single mother who raised two sons, I know the
value of good day care and the peace of mind when it is found. I urge
my colleagues to support this amendment.
Mr. KILDEE. Mr. Chairman, I yield such time as she may consume to the
gentlewoman from California [Ms. Pelosi].
Ms. PELOSI. Mr. Chairman, as the gentleman from Michigan [Mr. Kildee]
pointed out in his very poignant story about the mother who had to
choose between leaving her child at home or going to work to provide
for that child, nothing is more important in moving, transitioning,
poor women from welfare to work than the availability of quality child
care, and that is what is so sad about
H.R. 4, because it eliminates
child care assistance to more than 400,000 low-income children in the
year 2000, it eliminates child care funding now guaranteed for AFDC
recipients participating in education, training or work activities. It
eliminates the child funding now guaranteed for 12 months to AFDC
recipients making the transition from welfare to work, and it cuts more
child care services by $2.4 billion over the next 5 years.
Now the amendment offered by our colleagues, the gentlewoman from
Connecticut [Mrs. Johnson], the gentlewoman from Ohio [Ms. Pryce] and
the gentlewoman from Utah [Mrs. Waldholtz], is a step in the right
direction, and I commend the sponsors for offering it, but I recall a
story by the former Governor of Texas who said, ``You can put lipstick
on a sow and call it Monique, but it's still a pig,'' and this, I
contend, is a cosmetic change to this terrible bill,
H.R. 4.
{time} 1115
In my State of California,
H.R. 4 cuts out 35,000 child care slots.
This bill would restore 9,000 of those. That, as I said, is a step in
the right direction.
It is interesting to me that our colleagues keep saying why are you
criticizing
H.R. 4, it is a great bill, and then come to the floor with
25 amendments of their own to make the bill more acceptable, this being
one of them, this not being enough, because it does not restore
traditional, transitional child care services that have been proven
essential to move mothers with young children from welfare to work,
does not ensure that the additional funds it authorizes will even be
available. It only raises the authorization level, and without it being
an entitlement, the funds may never be there, and would continue to
cut, I repeat, cut child care services for more than 300,000 low-income
children in the year 2000. It would continue to pit poor parents and
their demands to children and to work to provide for those children. It
addresses the basic fundamental problem with this bill, it is weak on
work, cheats children, and rewards the rich, all of this to give a tax
break to the wealthiest Americans.
Mr. Chairman, I urge my colleagues to vote against
H.R. 4. I commend
the Members for introducing this amendment.
Mrs. JOHNSON of Connecticut. Mr. Chairman, I yield myself 15 seconds.
Mr. Chairman, I want to clarify the Record. The Deal bill sets aside
$3.5 billion. The CBO baseline estimate is $4.8 billion, for a total of
approximately $8.3 billion. With the Johnson amendment, our bill will
provide $10.5 billion for day care. So there is absolutely nothing cut.
Mr. Chairman, I yield 2 minutes to the gentlewoman from Utah [Mrs.
Waldholtz], a chief sponsor of this bill and an esteemed freshman
colleague.
Mrs. WALDHOLTZ. Mr. Chairman, I thank the gentlewoman for yielding
time to me.
Mr. Chairman, one of the greatest failings of our current welfare
system is that it forces people to choose between work and benefits.
One of the fundamental principles of this bill is that people should
be encouraged and rewarded for work, and this bill gives them that
opportunity.
But parents cannot reasonably be expected to work their way out of
dependency if while they are working their children are not safely
cared for.
The dangers of inadequate child care are obvious. And forcing low-
income parents to make a choice between welfare and work based on their
ability to afford adequate child care is cruel--and undercuts our
efforts to encourage work and promote self-sufficiency.
This amendment increases the bill's child care block grant by $750
million, so that the States can fund their own affordable child care
programs for low-income and working welfare parents.
It will help ensure safe care for our children, and help their
parents go to work and stay at work by giving them peace of mind that
their children are cared for.
I am proud to join with my colleagues in making this important
change, and I strongly urge my colleagues to support this amendment.
The CHAIRMAN. The gentleman from Washington [Mr. McDermott], has 1
minute remaining and has the right to close.
Mr. McDERMOTT. Mr. Chairman, to extend the debate I move to strike
the last word, and ask unanimous consent to merge that additional time
with the time I am presently controlling.
The CHAIRMAN. Is there objection to the request of the gentleman from
Washington?
There was no objection.
Mr. McDERMOTT. Mr. Chairman, I yield 2 minutes to the gentleman from
Georgia [Mr. Deal].
Mr. DEAL. Mr. Chairman, I thank the gentleman for yielding.
Mr. Chairman, first of all, I commend the gentlewoman who has offered
this amendment, because I think it does recognize a movement in the
right direction to correct some of the provisions of
H.R. 4. It will in
fact add back additional funds. But as I look as the scoring on this,
it appears to me that we are still talking about cutting the funding in
this category by some $600 million below current levels. I think that
is what places all of us on the horns of a dilemma in this debate about
welfare reform. On the one hand, if we are going to try to move people
off of welfare and on to work, especially is we are talking about
mothers, the availability of child care is an essential ingredient in
that formula.
If we are in fact under
H.R. 4, even with the amendment, still
cutting below current levels by $600 million, and if current levels are
not adequate to change the status quo, then we still have a problem.
Our Deal substitute, on the other hand, adds $3.7 billion additional
to the child care fund, and in addition to that we have some $424
million over a 5-year period to assist the working poor.
I think we all recognize that this is an essential ingredient in
making the transformation from welfare to work, and I commend the
gentlewoman for this effort. I think it is a movement in the right
direction. I would like to think, however, that our substitute does a
better job.
Mr. FORD. Mr. Chairman, will the gentleman yield?
Mr. DEAL. I yield to the gentleman from Tennessee.
Mr. FORD. Mr. Chairman, I want to associate myself with the remarks
made by the gentleman from Georgia [Mr. Deal] and just point out that
in the Deal bill, putting work first, you really put mothers into the
work force, and you provide additional child care dollars for those
mothers to go to work, in change from what current law would do. The
Johnson amendment would, I guess, bring about some help. It will reduce
the overall package from 400,000 to 300,000 children who will be in
need of child care, but the Deal bill provides additional resources to
ensure proper child care.
Mrs. JOHNSON of Connecticut. Mr. Chairman, I yield 1 minute to the
gentleman from Florida [Mr. Shaw], the chairman of the subcommittee and
the chief author of the welfare reform bill.
Mr. SHAW. Mr. Chairman, I thank the gentlewoman for yielding, and
compliment her on a most-needed amendment.
Mr. Chairman, we have discussed this in the subcommittee, we have
discussed this in the full committee, that the success of the jobs
program in providing real jobs in
H.R. 4 would require the necessity
for additional money to be put into child care. I would like to also
point out to the committee that under the Deal bill, the child care
provision is $8.3 billion over 5 years. That
[[Page
H3585]] is a total over 5 years. With the Johnson amendment,
H.R. 4 will be $10.5 billion.
So these are the figures. The Johnson amendment brings
H.R. 4 far
ahead of the Deal bill in the amount of money that is put into child
care. The figures are plain, the figures are there, and you cannot
argue with them.
So this bill is much richer in child care and recognizes the need for
additional child care much more than the Deal bill. I certainly would
urge all the Members to support the amendment.
Mr. McDERMOTT. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, I would just point out to the chairman of the committee
that he is mixing apples and oranges. The gentleman has taken away the
guarantee of child care.
Mr. Chairman, I yield 1 minute to the gentleman from Texas [Mr.
Stenholm].
(Mr. STENHOLM asked and was given permission to revise and extend his
remarks.)
Mr. STENHOLM. Mr. Chairman, I again want to come with one set of
figures, only to hear what I believe to be true is totally wrong. It
makes me very confused. But I do commend the gentlewoman for offering
this amendment, because in my opinion, she makes a very badly flawed
bill a little bit better. But I still believe very strongly the Deal
substitute is much better, and I believe the debate will show this.
I want to quickly recount a little conversation that I had with a
pastor in a church in my district. He said to me, ``Charlie, if you
just do one thing for me, I have five unwed mothers, teenage mothers,
in my church. If you do just one thing for me, give me the child care
money so that I can provide child care while I tell that young mother,
go back to school and get an education. I will tell her you get that
education, you make your grades, if you will just help me get the money
to take care of her child when we do it.''
That is what the Deal substitute is proposing, a workable--a workable
substitute, not what we are being offered in
H.R. 4.
Mr. Chairman, I commend the gentlewoman for seeking to make
improvements in the base bill. Unfortunately, I fear that even were her
amendment to pass, the child care provisions would be inadequate.
Therefore, I rise in opposition to the Johnson amendment which falls
far short of the child care provisions contained in Mr. Deal's
substitute.
The Deal substitute provides sufficient funding for child care to
meet the increased needs under the plan's aggressive work requirements.
H.R. 4, on the other hand, reduces child care funding $1.4 billion
below levels provided for under current law and does not ensure that
child care will be available to individuals who need it.
This amendment restores only slightly more than half of the funding
needed to maintain current law. In addition, it still does not
guarantee that funding will be available for welfare recipients who
need child care assistance to move into work.
This lack of funding for child care assistance could mean that either
welfare recipients won't move into work, or parents will be forced to
leave their children in unsafe or substandard care if they do get work.
CBO estimates that the Deal substitute will provide $3.7 billion in
child care spending to meet the increased demand for child care as more
individuals move into work. The substitute also increases child care
assistance for the working poor by $424 million over 5 years above the
baseline projections.
The Deal proposal also consolidates child care programs under a
uniform set of rules and regulations, rather than having to comply with
a patchwork of rules under different programs.
The primary source of child care assistance under the Deal
consolidated block grant would be in the form of vouchers that would be
used by parents with the child care provider of their choice. Having
worked on child care in past Congresses, I strongly believe we must
continue to support parental choice as we have in the Deal substitute.
In addition, the Deal substitute contains the most aggressive work
requirements of any bill we will consider today. We also support these
work requirements with funding for the transitional tools recipients
need to make the move from welfare to work. Child care is one of the
most important tools available for working mothers and I believe we
must provide the necessary funding to see that they are able to work.
Reluctantly, I urge opposition to the Johnson amendment and
enthusiastic support for the Deal substitute.
Mrs. JOHNSON of Connecticut. Mr. Chairman, I yield 1 minute to the
gentleman from Delaware [Mr. Castle].
Mr. CASTLE. Mr. Chairman, I thank the gentlewoman for yielding, and I
rise in very strong support of her amendment.
Mr. Chairman, I think child care is a vital function of our welfare
reform efforts. If you are going to train people, have people work, you
need to make a provision for children. But I think we should straighten
out a few facts. One, is it the welfare reform bill that we are
debating here actually has more money in it than the Deal bill as far
as child care is concerned. I say that respectfully, because I do
respect the Deal bill.
Second, a lot of welfare recipients do not even use State-supported
child care. We need to understand that issue as we debate this also.
Also the structure of all this has been criticized, the structure of
going to a block grant. I would point out a few aspects of going to a
block grant which I think help with respect to the providing of child
care.
First, it provides States maximum flexibility in developing programs
that best suit the needs of the residents. It promotes parental choice
to help parents make their own decisions on child care to best suit
their needs, and we get rid of State set-asides which gives us more
money as well. It gives us flexibility, and I support the amendment.
Mr. McDERMOTT. I yield 30 seconds to the gentleman from Michigan [Mr.
Levin].
Mr. LEVIN. Mr. Chairman, I have tried to check out the figures of the
gentlewoman from Connecticut [Mrs. Johnson] and I truly think they are
wrong. You are discussing just part of the Deal bill and not all of the
pieces that fall in place under the Deal bill. Your approach provides
less money when you take into account the whole picture than would be
the entitlement provision under Deal. The analysis is that you provide
only one-third of what is cut by
H.R. 4, and the Deal bill would keep
all of it. Those are the facts.
Mrs. JOHNSON of Connecticut. Mr. Chairman, I yield 1 minute to the
gentleman from Indiana [Mr. Roemer].
(Mr. ROEMER asked and was given permission to revise and extend his
remarks.)
Mr. ROEMER. Mr. Chairman, I rise in reluctant support of this
amendment, the Johnson-Pryce amendment. I think it is like throwing a
bucket of water into Lake Michigan. We need that bucket of water; we
need all the help we can get in child care. I wish that it was more.
We have heard countless times in our Committee on Education and
Economic Opportunities that child care is directly connected to getting
people to work. I strongly support a tougher work requirement. But we
want people moving off welfare onto the work rolls. We want them to be
good parents and good workers.
That is the way that you connect this together, by adequate funding
in child care. We do not want them to say go to work and neglect your
family, you cannot be a good parent. We want them to do both. This
amendment helps in a small way do that.
I had an amendment before the Committee on Rules that would have
allowed States to match more money into this program, but that was not
allowed.
Mr. McDERMOTT. Mr. Chairman, I yield 1 minute to the gentleman from
Texas [Mr. de la Garza.]
Mr. de la GARZA. Mr. Chairman, listening to the debate, a name burns
in my mind and in my soul. Alejandrita Hernandez, 6 years old, her
parents working in a field in Florida. She is found raped and killed
under a truck.
These were poor working people, and if you reduce by one the
availability of child care, I want it to burn in your mind, Alejandrita
Hernandez. We are talking about savings to give tax credits to the
rich. We are talking about not welfare, not revamping. We are missing
the boat altogether.
As good intentioned as all of us might be, you have not done anything
to help Alejandrita Hernandez. You cannot bring her back. But it would
burn in my mind and soul that her name would be forgotten so that we
can give tax credits to $200,000 and over.
[[Page
H3586]] Mrs. JOHNSON of Connecticut. Mr. Chairman, I yield 1
minute to the gentleman from California [Mr. Bilbray], who has had a
lot of experience in this area.
Mr. BILBRAY. Mr. Chairman, I stand here today not as a Member of
Congress, but as somebody who operated a welfare system for a county
that was larger than 30 States of the Union, San Diego County. I want
to commend my colleague from Connecticut because she shows the
awareness of the realities out there that have been ignored by the
Federal Government for too long.
I appreciate my colleague from Texas being concerned about the
tragedies that have occurred. Those tragedies have occurred, Mr.
Chairman, because of the lack of innovative approaches being allowed by
local government. This amendment will actually allow women to
participate in the child care process, to be part of the answer rather
than part of the problem. And rather than what our colleagues on the
other side of the aisle would like to do, always finance a larger,
bigger bureaucracy, this allows the recipients to be part of the
answer, to participate, to actually earn part of their benefits by
participating in child care.
Mr. Chairman, I think that the compassionate approach that our
colleagues from Connecticut have shown should entice our colleagues on
the other side to join us in this good amendment.
Parliamentary Inquiry
Mrs. JOHNSON of Connecticut. Mr. Chairman, I have a parliamentary
inquiry.
The CHAIRMAN. The gentlewoman will state it.
Mrs. JOHNSON of Connecticut. Mr. Chairman, is it not procedurally
correct that I close?
The CHAIRMAN. The gentlewoman from Connecticut is choosing to amend
the committee position. The gentleman from Washington [Mr. McDermott]
took the committee position in opposition. He has the privilege of
closing.
Mrs. JOHNSON of Connecticut. Mr. Chairman, I yield 1 minute to the
gentlewoman from Kansas [Mrs. Meyers].
{time} 1130
Mrs. MEYERS of Kansas. Mr. Chairman, I rise in strong support of this
amendment and of the whole concept of block granting.
We currently have seven different Federal programs: Child care for
AFDC, Transitional Child Care, At-Risk Child Care, Child Care
Development Block Grant, State Dependent Care Planning and Development
Grants Program, Child Development Associate Credential Scholarship
Program, Native American Family Centers Program.
This is certainly not a seamless program. There is a great deal of
bureaucracy and money spent. It is confusing to the recipients.
I strongly support the block grant and the fact that the gentlewoman
from Connecticut [Mrs. Johnson] is adding $150 million which will
provide even more, certainly, that goes to child care than we are
providing now. A great deal is lost in the confusion among the various
programs. I strongly support the Johnson amendment.
Mr. McDERMOTT. Mr. Chairman, I yield such time as he may consume to
the gentleman from Tennessee [Mr. Clement].
(Mr. CLEMENT asked and was given permission to revise and extend his
remarks.)
Mr. CLEMENT. Mr. Chairman, I rise in opposition to the Johnson
amendment.
Mr. Chairman, one of the biggest barriers to work for welfare
recipients is their inability to provide their child with safe and
affordable care while they work.
H.R. 4 will make it more difficult for single parents on welfare to
move into work than it is right now.
H.R. 4 reduces child care funding and provides no guarantee that
child care will be available to individuals who need it.
H.R. 4 as it is currently written reduces funding for child care
services $1.4 billion below the current levels.
The Johnson amendment restores more than half the cut but still
leaves funding for child care services $650 million below current
levels.
Supporters of
H.R. 4 claim that their bill has real work requirements
and that they will put people to work. If this is true, they do not
have enough money for child care and these people will not be able to
go to work.
So which is it? Is
H.R. 4 weak on work as we assert, or is it that
H.R. 4 is weak on funding for child care?
Which is it? You cannot have it both ways?
Mr. Chairman, another day of debate, another hole exposed.
Mr. McDERMOTT. Mr. Chairman, I yield myself the balance of my time.
We have talked about numbers here. The fact is that the bill that
came out of the committee, proposed by the gentlewoman from Connecticut
[Mrs. Johnson] and others, repealed $4.6 billion in child care. That,
plus the $8 million that the gentleman from Georgia [Mr. Deal] has, is
more than $12 billion, which is more money than was presently in this
bill. So there is no question.
The gentlewoman from Connecticut [Mrs. Johnson] assures us that there
is no dealing with polls here, nobody is worried about polls. Well, I
have a story from the Washington Times on the 5th of March where the
gentleman from Pennsylvania [Mr. Goodling] says, ``The only major area
of concern I have is the area of day care.''
This has been known since the 5th of March, when it was in the
committee of the gentleman from Pennsylvania [Mr. Goodling]. He did
absolutely nothing about it.
When it gets out here on the floor and the American public figures
out what it is all about, suddenly they say, in the poll, the
Republicans are cutting child care; they should not be doing that.
So we suddenly have this little fig leaf amendment. I urge that
Members vote against this fig leaf amendment and for the bill of the
gentleman from Georgia [Mr. Deal].
The CHAIRMAN. All time has expired.
The question is on the amendment offered by the gentlewoman from
Connecticut [Mrs. Johnson].
The amendment was agreed to.
The CHAIRMAN. It is now in order to consider amendment No. 15 printed
in House Report 104-85.
amendment offered by mrs. roukema
Mrs. ROUKEMA. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment offered by Mrs. Roukema: Page 114, strike line 4,
and insert the following:
``(b) Additional Requirements With Respect To Assistance
for Pregnant, Postpartum, and Breastfeeding Women, Infants,
and Children.--
``(1) Minimum amount of assistance.--The State shall
Page 114, after line 11, insert the following paragraph:
``(2) Cost containment measures regarding procurement of
infant formula--
``(A) In general.--The State shall, with respect to the
provision of food assistance to economically disadvantaged
pregnant women, postpartum women, breastfeeding women,
infants, and young children under subsection (a)(1),
establish and carry out a cost containment system for the
procurement of infant formula.
``(B) Use of amounts resulting from savings.--The State
shall use amounts available to the State as result of savings
in costs to the State from the implementation of the cost
containment system described in subparagraph (A) for the
purpose of providing the assistance described in paragraphs
(1) through (5) of subsection (a).
``(C) Annual reports.--The State shall submit to the
Secretary for each fiscal year a report containing--
``(i) a description of the cost containment system for
infant formula implemented by the State in accordance with
subparagraph (A) for such fiscal year; and
``(ii) the estimated amount of savings in costs derived by
the State in providing food assistance described in such
subparagraph under such cost containment system for such
fiscal year as compared to the amount of such savings derived
by the State under the cost containment system for the
preceding fiscal year, where appropriate.
The CHAIRMAN. Under the rule, the gentlewoman from New Jersey [Mrs.
Roukema] will be recognized for 10 minutes, and a Member in opposition
will be recognized for 10 minutes.
Mr. KILDEE. Mr. Chairman, I am mildly opposed to the amendment.
The CHAIRMAN. The gentleman from Michigan [Mr. Kildee] will be
recognized for 10 minutes.
The Chair recognizes the gentlewoman from New Jersey [Mrs. Roukema].
[[Page
H3587]] Mrs. ROUKEMA. Mr. Chairman, I yield myself such time
as I may consume.
Mr. Chairman, as you know, I am offering an amendment to
H.R. 4 that
will require States to carry out cost-containment systems for providing
infant formula to WIC participants under the family nutrition block
grant in
H.R. 4.
Mr. Chairman, this issue rightfully has been the source of
considerable debate over the past few months.
During the Opportunities Committee markup, an amendment was offered
by my colleague from Michigan [Mr. Kildee], that would have maintained
the current system of competitive bidding for infant formula for the
WIC Program. This amendment, which I supported--the only Republican to
do so--was defeated, which is why I am standing here today.
Many Members, including myself, continue to be deeply concerned that,
under the current system in
H.R. 4, which eliminates the existing
competitive bidding system for infant formula, States might no longer
choose to carry out competitive bidding.
Mr. Chairman, under current law, States are required to have infant
formula producers bid competitively for WIC contracts, or any other
cost-containment measure that yields equal to or greater savings than
those achieved under competitive bidding. And, currently, according to
the USDA, this system achieves an estimated savings of over $1 billion
annually which is used to provide WIC services to 1.6 million
economically disadvantaged pregnant women, postpartum women,
breastfeeding women, infants, and young children every month. This, of
course, is why I support retaining competitive bidding.
And, although my amendment does not mandate competitive bidding, I
believe that it takes a big step in ensuring that States achieve the
necessary savings in their infant formula program so that eligible
individuals can receive essential WIC services.
Importantly, Mr. Chairman, my amendment would require that States use
the savings achieved under this system for the purposes of carrying out
all services under this nutrition block grant--child and adult care
food, summer food, and homeless children nutrition. As a result, States
are given the flexibility to use these savings where they see the
greatest need.
Moreover, my amendment would have States report annually to the
Secretary of Agriculture on the system they are using, the savings
achieved, and how this savings compares to that of the previous fiscal
year. This is an important part of the amendment because it gives
infant formula producers the incentive to keep their bids low. Without
this safeguard, no one has to know what, if any, savings are being
achieved. Nor can we assess whether fraudulent practices are adding to
costs.
Mr. Chairman, I support the block grant approach. However, some block
grant supporters argue that States are capable of carrying out their
own cost-containment systems without Federal involvement, and that
States will continue to carry out cost-containment systems that best
serve those in need. But we should not assume that States will do the
right thing when this kind of money is at stake.
That is precisely what this amendment attempts to do, Mr. Chairman.
The Congress has an obligation--a fiduciary one--to evaluate and
monitor how Federal tax dollars are being spent.
And, I would argue against those who claim that this would be a
mandate on the States interfering with flexibility because my amendment
neither tells the State what type of cost-containment measure to
implement, nor does it tell the State how much savings to achieve.
Mr. Chairman, this is a good amendment, and a necessary one. I urge
my colleagues to support it.
This amendment would require States to carry out cost-containment
systems for infant formula included in food packages provided under the
family nutrition block grant.
The State will report to the Secretary of Agriculture on an annual
basis: the system it is using; the savings generated by this system;
and how this savings compares to previous savings under the Federal
system.
The State shall use whatever savings it achieves for the purpose of
providing services to the programs under the family nutrition block
grant.
While I am about to mention four current alternative cost-containment
systems, States are certainly not limited to these options but can
combine and/or devise new ways to contain costs.
One, multisource systems--State agencies procuring infant formula can
award contracts to the lowest bidder as well as other manufacturers
whose bids fall within a certain price range of this bid. States can
determine how big this margin should be.
Two, open market rebate systems--State agencies can negotiate
separate rebates with each infant formula manufacturer so that WIC
participants can choose between those infant formulas being offered.
These rebates do not increase a manufacturers market share nor will
choosing not to offer a rebate prevent a manufacturer from having less
shelf space.
This merely assures smaller or newer infant formula manufacturers
some access to the WIC infant formula market.
Three multistate systems--cooperative purchasing--States within a
region of the U.S. can join together under one type of rebate system to
procure infant formula.
Rebates tend to be higher in large States because in those States
there are more people which means that there will most likely be more
WIC participants and subsequently a larger market share at stake for
which infant formula manufacturers are willing to pay a higher price.
Conversely, rebates tend to be lower in smaller States because these
States have smaller populations most likely translating into fewer WIC
participants which means that the market is smaller and, subsequently,
less of an incentive for an infant formula manufacturer to offer a low
bid.
It has been suggested that, as evidenced through past multistate
systems, larger States join with other large States and that small
States join with other small States because, when they cross over,
smaller States will benefit with a higher rebate which might fall below
the rebate that the larger States were originally receiving.
Four, fixed price procurement systems--State agencies purchase infant
formula directly from the manufacturer at some type of discounted fixed
price.
The infant formula can then either be distributed by the appropriate
State agency or by the retail stores.
And, this fixed price could be determined by all three parties
involved--manufacturer, agency, and retailer.
Mr. Chairman, I reserve the balance of my time.
Mr. McDERMOTT. Mr. Chairman, to extend debate, as the designee of the
gentleman from Florida [Mr. Gibbons], I move to strike the last word
and ask unanimous consent to merge that additional time with the time
which the gentleman from Michigan [Mr. Kildee] is now controlling.
The CHAIRMAN. Is there objection to the request of the gentleman from
Washington?
There was no objection.
The CHAIRMAN. The Chair recognizes the gentleman from Michigan [Mr.
Kildee].
Mr. KILDEE. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I am very disappointed that the Committee on Rules
would not allow me to offer my amendment to require States to continue
to use competitive bidding when purchasing infant formula for the WIC
program.
That amendment would have saved $1 billion. Although I will support
probably, if I am persuaded, the amendment of the gentlewoman from New
Jersey [Mrs. Roukema], as it is well-intentioned, I am skeptical that
it will really do anything. There is a billion dollars worth of
difference between the words ``cost containment'' and ``competitive
bidding.'' A billion dollars worth of difference.
The amendment of the gentlewoman from New Jersey [Mrs. Roukema] would
require States to use cost containment measures. Prior to the enactment
of the 1989 law requiring States to use competitive bidding, States
were using a variety of cost containment measures. We found that they
just did not work. The savings were minimal.
That is why in 1989, in a true bipartisan manner with the help of
President George Bush, we enacted a law to require States to use
competitive bidding in the WIC program. We found that when we required
States to use that competitive bidding, Mr. Chairman, not mere cost
containment, that we saved $1 billion a year, $1 billion, $1 billion
that enabled 1\1/2\ million more
[[Page
H3588]] pregnant women and infants to be served each month under
the WIC program.
Many of you will say, well, the States will continue to use
competitive bidding. But only half the States were doing that before we
mandated that by law. The other half were using industry-favored cost
containment systems.
I would like to ask a question of the gentlewoman from New Jersey,
who I know is the only Republican in committee who supported my
amendment on competitive bidding.
Let us say that the State enters into a contract with one of the
infant formula companies and gets a $10,000 rebate on a $5 million
contract.
Would that qualify?
Mrs. ROUKEMA. Mr. Chairman, will the gentleman yield?
Mr. KILDEE. I yield to the gentlewoman from New Jersey.
Mrs. ROUKEMA. Mr. Chairman, I did not hear the gentleman. I could not
hear the gentleman over the din.
Mr. KILDEE. The question is, under the gentlewoman's language, if a
State entered into a contract with an infant formula company and got a
$10,000 rebate on a $5 million contract, would that qualify under the
gentlewoman's language?
Mrs. ROUKEMA. Mr. Chairman, if the gentleman will continue to yield,
if that is the cost containment program, yes. I believe that money
would then be reinvested back into the WIC program. I am sorry. WIC or
any other part of the block grant, as I explained in my opening
statement.
Mr. KILDEE. Mr. Chairman, $100,000 would qualify then, and $1 million
would certainly qualify, right? If they entered into a contract with an
infant formula company and say we will get a million dollars rebate on
a $5 million contract, a fortiori, that would qualify under the
gentlewoman's language?
Mrs. ROUKEMA. I think I am not quite sure what the gentleman is
getting at, but I think he is talking about sole-source bidding, and
maybe he is not going to make those same savings. That, of course, is
one
of the underlying reasons I supported the gentleman in committee.
We do not have all those benefits here, but this is a giant step, it
seems to me, in the right direction of exercising, maintaining the
flexibility of the States and still exercising our fiduciary
responsibility.
Mr. KILDEE. My point is that under the gentlewoman's language, a
$10,000 rebate would qualify for a $5 million contract, and a $1
million rebate would qualify under a $5 million contract. The fact of
the matter is that we would do better under a competitive bidding than
a $1 million rebate under a $5 million contract. We found that out. We
would save much more under competitive bidding.
So the gentlewoman can see the markup they have on infant formula. We
would do far more than even if we got a $1 million rebate on a $5
million contract, if we used the language I wanted to use and which the
gentlewoman supported in committee, to her great credit, competitive
bidding.
Competitive bidding saves $1 billion a year. We found that out as
soon as we enacted this in 1989. So the most generous cost containment
that could be used under the gentlewoman's language would be far less a
savings than competitive bidding. There is a $1 billion worth of
difference between cost containment and competitive bidding.
Mr. Chairman, I reserve the balance of my time.
{time} 1145
Mrs. ROUKEMA. Mr. Chairman, I yield 2 minutes to the gentleman from
Pennsylvania [Mr. Goodling], the chairman of the committee.
Mr. GOODLING. I thank the gentlewoman for yielding me the time.
I want to echo what she said because it is what I have said since day
1, that we do not believe in block grants as revenue sharing. We set
the goals and that is what she is doing. The gentleman from Michigan is
correct. Back in the old days, and it seems we cannot get beyond the
old days. But back in the olden days, States did not know all those
things. They learned all those things now. Would it not be kind of
foolish now to walk away from the opportunity of getting an extra $1
billion, or $2 billion if you can get that? So what she does is give
that flexibility to the States. I cannot imagine any State anywhere
walking away from getting the biggest amount that they can possibly
get. As I said, they have learned how to do that now. Ten years ago,
they did not know that. But they have the experience. So I think the
gentlewoman's amendment is one that should be accepted and it will go a
long way to take care of those we wish to take care in a flexible
manner that more can be served than have been served in the past. I
would hope all would support her amendment.
Mr. KILDEE. Mr. Chairman, I yield myself such time as I may consume.
I would say that I certainly would hope that we all learn from
subsequent actions. But I having served 12 years in State government
know the influence of the infant formula companies on State government.
They do various things on cost containment. They will promise the
university hospital so much infant formula. They will promise the
health department so much. They work very closely with the legislature
too.
I know that there can be other inducements not nearly as advantageous
to the taxpayers and to the women and the infants as competitive
bidding. If you think they are going to do it, why are you so reluctant
to put it into law?
The gentleman from Pennsylvania [Mr. Goodling] worked with me in
1989. He, George Bush, and the gentleman from Oregon [Mr. Wyden],
worked with me to get that language in. I think we need that language
because I know how the infant formula companies work in the various
States.
Mr. Chairman, I yield 3 minutes to the gentleman from Oregon [Mr.
Wyden].
Mr. WYDEN. I want to thank the gentleman for his good work.
Let me start by saying that I brought to the floor a can of infant
formula which costs a little bit over 30 cents a can to manufacture and
sells retail in our stores for maybe $2.70 a can. As a result of the
free enterprise system that we brought to WIC on a bipartisan basis in
1989, as my colleague has said, we get 1 billion dollars' worth of
taxpayer efficiency on this program every year.
But what I want to say to my colleagues is that after all the talk of
free enterprise that we have heard from the other side this session, as
a result of this bill, even with the Roukema amendment, we will be
going back to the old days of closed markets and backroom contracting.
We ought to note that the gentlewoman from New Jersey wanted to do
this right and to keep competitive bidding. What will happen even with
this amendment is a lot of States will not have to do sealed bids which
is the way to have real competition. We will also see the infant
formula companies going about this country offering inducements to the
States to reject competitive bidding and go with cost containment.
I would like to mention that the Federal Trade Commission, the
experts there, are alarmed not just about the negative aspects for WIC
of eliminating competitive bidding, they have written to me and they
have said that by eliminating competitive bidding, we will reduce
competition for infant formula in our stores and for the general
market.
The reason that is the case is the way these giant infant formula
companies get known is to move into the WIC market and get the public
familiar with their product.
I just say to my colleagues, particularly on the other side, let us
reinvent Government where it does not work. This is an example of a
program where free enterprise, that the parties worked on together in
1989, has worked. As a result, we are going to be eliminating
competitive bidding. That is going to take milk from the mouths of poor
infants and it is going to give cookies and cream to the infant formula
companies and that is wrong.
Mr. Chairman, I include the following for the Record.
Federal Trade Commission,
Washington, DC, March 16, 1995.
Hon. Ron Wyden,
U.S. House of Representatives,
Washington, DC.
Dear Representative Wyden: Chairman Steiger forwarded a
copy of your March 8, 1995 letter to me and asked that I
respond to your inquiries. In that letter, you indicated that
the House Economic and Education Opportunities Committee had
voted to end the competitive bidding requirement for infant
[[Page
H3589]] formula contracts that are part of the Special
Supplemental Food Program for Women, Infants and Children
(``WIC''). You also noted that three companies dominate the
infant formula industry and you pointed to a possible effect
in the general retail market from eliminating bidding
requirements in the WIC Program, namely, that it might
discourage new companies from entering the infant formula
market. In this regard, you asked that, based on our
experience in dealing with competitive issues related to the
WIC and general retail market for infant formula, we respond
to a series of questions.
I should point out that while I have not studied the
proposed legislation to which you referred, I have been
involved in lengthy litigations relating to the WIC and
general retail markets for infant formula, and I am able to
provide you with my views on the questions you have raised.
These views, of course, are my own and do not necessarily
reflect the views of the Commission or any individual
Commissioner. This response does not provide any non-public
information and, accordingly, I do not request confidential
treatment.
1. Do you believe that eliminating competitive bidding for
infant formula in the WIC market will discourage competition
in the general market for infant formula? Please explain.
I agree with your assessment that competitive bidding in
the WIC program makes entry into the infant formula market
easier. I also agree that to the extent that competitive
bidding in the WIC market is eliminated or made less likely,
then competition in the general retail market for infant
formula would be adversely affected.
The infant formula market is highly concentrated, with
three companies accounting
Amendments:
Cosponsors:
PERSONAL RESPONSIBILITY ACT OF 1995
Sponsor:
Summary:
All articles in House section
PERSONAL RESPONSIBILITY ACT OF 1995
(House of Representatives - March 23, 1995)
Text of this article available as:
TXT
PDF
[Pages
H3581-H3700]
PERSONAL RESPONSIBILITY ACT OF 1995
The SPEAKER pro tempore (Mr. Dickey). Pursuant to House Resolution
119, and rule XXIII, the Chair declares the House in the Committee of
the Whole House on the State of the Union for the further consideration
of the bill
H.R. 4.
{time} 1055
in the committee of the whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the State of the Union for the further consideration of
the bill (
H.R. 4) to restore the American family, reduce illegitimacy,
control welfare spending, and reduce welfare dependence, with Mr.
Linder in the chair.
The Clerk read the title of the bill.
The CHAIRMAN. When the Committee of the Whole rose on Wednesday,
March 22, 1995, amendment No. 11 printed in House Report 104-85,
offered
[[Page
H3582]] by the gentlewoman from California [Ms. Woolsey], had
been disposed of and the bill was open for amendment at any point.
It is now in order to consider amendment No. 13, printed in House
Report 104-85.
amendment offered by Mrs. Johnson of Connecticut
Mrs. JOHNSON of Connecticut. Mr. Chairman, I offer amendment No. 13,
printed in House Report 104-85.
The CHAIRMAN. The clerk will designate the amendment.
The text of the amendment is as follows:
Amendment offered by Mrs. Johnson of Connecticut: Page 87,
line 3, strike ``$1,943,000,000'' and insert
``$2,093,000,000''.
The CHAIRMAN. Pursuant to the rule, the gentlewoman from Connecticut
[Mrs. Johnson] will be recognized for 10 minutes, and a Member opposed
will be recognized for 10 minutes.
Mr. McDERMOTT. Mr. Chairman, I rise in opposition to the amendment.
The CHAIRMAN. The gentleman from Washington [Mr. McDermott] will be
recognized for 10 minutes.
The Chair recognizes the gentlewoman from Connecticut [Mrs. Johnson].
Mrs. JOHNSON of Connecticut. Mr. Chairman, I yield myself such time
as I may consume.
Mr. Chairman, I rise today to urge support of the child care
amendment which I am offering along with Congresswomen Pryce, Dunn, and
Waldholtz, which raises the authorization level for the child care
grant by $150 million a year for 5 years.
Mr. Chairman, there are three main points I would like to make with
respect to this amendment.
First, requiring adults to work in exchange for their benefits will
increase the need for child care. This is inevitable. Fully 63 percent
of families on AFDC have children age 5 and under. A significant number
of children who are in school still need after-school care, since the
school day and school year are much more limited than the typical
workday and work year.
In an ideal world, extended family would be able to provide some
amount of this care. But in today's world day care and the need for day
care is a reality for those on welfare and those gaining independence.
Second, reduced child care funding puts the squeeze on the working
poor. In recent years, AFDC participation rates have resulted in States
offering the program tilting more and more toward welfare families and
away from the working poor.
Thirty-five States reported last year that they have a waiting list
for subsidized child care for working poor. My State of Connecticut
does not even maintain a waiting list anymore, since all slots opened
up are already spoken for.
As we require more women on welfare to work, this problem is going to
get more serious, not less serious.
I am pleased to be proposing this amendment today because I think it
expands our resources significantly to address the child care needs
that will develop as we reform welfare. But this amendment is not the
whole answer. That is a point that is very important to make because
there was a lot of misunderstanding in recent days as we debated this
bill about how we are going to manage the child care needs that welfare
reform will impose upon society. The heart of the solution is actually
not this amendment; the heart of the solution is moving welfare from a
cash-gift basis to a cash-wage basis because if everyone receiving
welfare were also working and we used our day care resources to pay
very skilled administrators and lead teachers, child development
experts to run these day care centers, with welfare recipients now
being paid to staff them, then we would in fact have the child care
slots that we need at the money that is currently available.
So this is simply one step forward, giving States time and resources
to create really the much greater, broader child care opportunity,
better connected to education, work, and training that real reform
demands.
Mr. Chairman, I reserve the balance of my time.
{time} 1100
Mr. McDERMOTT. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, Members of the House, we have again a fig leaf on the
other side. They have written the bill, they have gotten it out here.
Then they did a poll. On Monday they did a poll; a Republican pollster
did a poll, and found that 67 percent of Americans believe the
Government should help pay for child care for mothers on welfare. They
found that 54 percent of those surveyed opposed eliminating
requirements to State-set minimum health and safety standards for child
care. So they said, ``This is awful what we did. We've cut 400,000 kids
out of child care.''
So they have come out here with an amendment today. It is a fig leaf.
It puts 100,000 back on. There is still 300,000 kids who will not get
welfare child care under this bill.
There should be no mistake about it; this does not solve the problem.
The gentlewoman from Connecticut [Mrs. Johnson] is absolutely correct.
It is a fig leaf because they got a poll that said they were in
trouble.
Mr. Chairman, I yield 2\1/2\ minutes to the gentlewoman from
Connecticut [Mrs. Kennelly].
Mrs. KENNELLY. Mr. Chairman, this goes right to the heart of the
debate, and the gentlewoman from Connecticut [Mrs. Johnson] and I have
worked on some of these issues over the years, but we part company
today in addressing day care; the reason is that the Republican bill
block grants and sends everything back to the State. What we would like
to do in the Deal amendment is to make sure some of the programs that
do work stay in the Federal purview.
H.R. 4 repeals a transitional child care program which guarantees day
care for the children of parents who leave welfare. This is needed. It
repeals an AFDC child care program which provides day care for parents
attempting to get off welfare, and
H.R. 4 repeals the at-risk child
care program for people that try to stay off and do not want to go back
on, and so we have this amendment before us which is a good amendment
because it has additional dollars for day care.
However, Mr. Chairman, the amendment has the correct idea;
unfortunately the vehicle is the incorrect vehicle. Block grants will
not be able to provide more with less. If you are serious about taking
people off welfare and putting them to work, in many cases you have to
see there is adequate day care. That is what the programs we are ending
tried to do.
One of the best parts of the Federal program is taking care of three
groups needing child care: The family on welfare trying to get off, the
family that was on welfare and doesn't want to go back, and the family
in danger of going on welfare. If you work, want to work, or need to
work, you often need help--especially if you are a single head of
household. I commend the woman and Mrs. Johnson for putting forth this
amendment.
Mrs. JOHNSON of Connecticut. Mr. Chairman, before yielding to my
colleague from Ohio, I yield myself such time as I may consume.
Mr. Chairman, I do want to mention that this amendment was put in
well before that poll. This is not a poll response. This was put in
after all the bills came out of committees. We had a chance to evaluate
their interaction and how the program would work, and this is the money
that then we decided was needed to be added in order to ensure that
welfare reform will work for women and children and provide security
and opportunity in the future.
Mr. Chairman, I yield 2 minutes to the gentlewoman from Ohio [Ms.
Pryce].
Ms. PRYCE. Mr. Chairman, I rise in strong support of this amendment
offered by my friend, the gentlewoman from Connecticut [Mrs. Johnson],
commend her for her efforts, and in strong objection to the fact that
there was a statement from the other side that this was the result of a
poll. This is the result of mostly hard work, consultation with
Governors and working the numbers, as the gentlewoman from Connecticut
[Mrs. Johnson] just alluded to.
Mr. Chairman, moving people from welfare to work and toward self-
sufficiency is the central goal of welfare reform. But only by removing
the barriers to work can we achieve this goal.
It is clear that lack of affordable quality child care is a primary
obstacle
[[Page
H3583]] to employment for many parents, especially single
mothers. If we are going to require work, and we should, our Nation's
children must not be forgotten. As the work participation requirements
under
H.R. 4 are phased in, the demand for child care will increase
dramatically. Federal child care dollars will need to serve today's
working poor, as well as the new welfare families who will be entering
the workplace.
All Americans have an interest in meaningful welfare reform that
encourages work. Our Nation also has an intense interest in ensuring
that our children are cared for, especially in their early years so
that they can grow into responsible, productive citizens. The
investment
H.R. 4 makes in child care will contribute to this goal.
Young children watching parents go to work every day is a lesson in
life that cannot be taught any other way.
Mr. Chairman, I urge my colleagues to support the Johnson-Pryce-Dunn-
Waldholtz amendment to make sure we take care of America's children
while their parents experience the dignity of work and move into self-
sufficiency.
Mr. McDERMOTT. Mr. Chairman, I yield 1 minute to the gentleman from
Michigan [Mr. Levin].
Mr. LEVIN. Mr. Chairman, this amendment is better than nothing, but
it really is not good enough. Real welfare reform is critical. The
status quo is indeed dead. The key to welfare reform is work, and
important for getting people off of welfare into work is child care.
H.R. 4 would gut the child care provisions, and what this does is to
try to retrieve some of that. According to one estimate, 32 percent of
what is cut out of
H.R. 4 would be restored here.
So, Mr. Chairman, a third of a loaf is better than none, but it is
going to leave many people who are on welfare, who must get to work,
without the provision of child care. The Deal bill goes all the way in
terms of making work a reality and making day care available, and that
is why I support the Deal bill.
Mrs. JOHNSON of Connecticut. Mr. Chairman, I yield such time as he
may consume to the gentleman from Pennsylvania [Mr. Goodling], chairman
of the Committee on Economic and Educational Opportunities.
Mr. GOODLING. Mr. Chairman, I thank the gentlewoman from Connecticut
[Mrs. Johnson] for giving me the time and also for sponsoring the
amendment.
Mr. Chairman, when the legislation left our committee, I said to the
Committee on Ways and Means that I had two concerns about what we had
done in committee. One was that perhaps in the outyears we did not have
sufficient money. I was not worried about the 1st year or the 2d year
as far as day care was concerned, but I was worried about the outyears,
and she is taking care of that. The other concern that I had dealt with
legal aliens, which I believe will be taken care of later also.
Mr. Chairman, the beauty of the gentlewoman's amendment is that she
goes way above what the CBO baseline projects for spending over this 5
years. CBO baseline says 9,396,000,000. With the amendment offered by
the gentlewoman from Connecticut [Mrs. Johnson] we are now up to
10,515,000,000. So there is a sizable increase over what the CBO
baseline projects, and I am happy to support the gentlewoman's
amendment.
Mr. McDERMOTT. Mr. Chairman, I yield 5 minutes to the gentleman from
Michigan [Mr. Kildee], and I ask unanimous consent that he be allowed
to control that time.
The CHAIRMAN. Is there objection to the request of the gentleman from
Washington?
There was no objection.
Mr. KILDEE. Mr. Chairman, I rise in support of the amendment offered
by the gentlewoman from Connecticut [Mrs. Johnson] because it makes the
bill marginally better. But the structure that has been changed in this
bill really will not permit me to vote for the bill itself, but I will
support the amendment in case this bill passes, that we will have
marginally recognized that this child care is very, very important. Let
me give my colleagues an example.
I have been in public life for 30 years now, and of course for 30
years, like many of my colleagues in public life, I have been asked to
try to get people jobs. I can recall in one instance I got a woman a
job working in a restaurant in Flint, MI, and she had three children,
and she was so happy to get that job, but she really did not have any
reliable child care. She worked on that job less than 2 weeks and found
that in less than 2 weeks she had four or five different arrangements
for child care, with her grandparents, with a sister, with a neighbor.
One day the kids were left alone--that was the last day she worked--
left home alone, asking a neighbor to look in once in a while on them.
Mr. Chairman, that is a cruel choice to give to women, to tell them
that they should work, and certainly work is much to be preferred to
welfare, but to force a woman to have no reliable child care, to rely
upon a neighbor, a sister, a grandparent, and then the worst choice, to
leave them home alone, and that, for her, was the last she could
choose, and she had to leave that job. Now we can do better than that.
Now I support the amendment offered by the gentlewoman from
Connecticut [Mrs. Johnson], but the structure and the cuts we have here
in child care are enormous. By the year 2000, fiscal year 2000, in
Michigan, Michigan will lose $16.1 million for this and lose almost
10,000 child care slots. Now, albeit the Johnson amendment does
marginally improve that, under that Michigan, by the year 2000, will
lose $12.1 million and lose only 7,400 slots. But I am concerned about
those 7,400 slots. That is why I cannot support this bill, but the
gentlewoman from Connecticut [Mrs. Johnson] is marginally improving the
bill with her amendment.
So, Mr. Chairman, I would urge the support of the amendment offered
by the gentlewoman from Connecticut [Mrs. Johnson] but urge the defeat
of the bill.
Mr. GOODLING. Mr. Chairman, as the designee of the gentleman from
Texas [Mr. Archer], I move to strike the last word in order to receive
the 5 minutes of debate time as provided for in the rule.
The CHAIRMAN. The gentleman has that right.
Mrs. JOHNSON of Connecticut. Mr. Chairman, how much time do I have
remaining?
The CHAIRMAN. Eight and a half minutes.
Mrs. JOHNSON of Connecticut. Including the 5 minutes just yielded?
The CHAIRMAN. The gentlewoman is correct.
Mrs. JOHNSON of Connecticut. Mr. Chairman, I yield 2 minutes to the
gentlewoman from Washington [Ms. Dunn], a member of the Committee on
Ways and Means and the chief sponsor of this amendment.
Ms. DUNN of Washington. Mr. Chairman, on behalf of some of America's
neediest and yet valued citizens, we begin the process of ending
welfare as a way of life and restoring welfare assistance to its
original purpose, to provide temporary help to our neighbors in need.
Mr. Chairman, Americans are a generous people who have long
demonstrated our commitment to help our neighbors, families and
children in need, but the American people also ask for results for our
efforts.
To the American taxpayers who have, so far, spent $5 trillion to
support what has been described by both sides in this House debate as a
failed welfare system, let me assure them that our bill is a botton-up
review. The Republican bill will remove the incentives that encourage
welfare dependency and provide new incentives that encourage work and
lift people from the cycle of poverty.
As part of providing support to the soon-to-be working mothers, Mr.
Chairman, we are offering an amendment that will provide an additional
$750 million in child care funding to these parents. As people move off
welfare the women with children, especially preschool children, could
be caught in a trap. Rightfully they are required to enter the work
force, and yet also rightfully they are worried about the safety of
their children. Our amendment helps newly working mothers meet their
personal responsibility obligations and address the legitimate concerns
for their children.
Last Saturday, Mr. Chairman, at home in Washington State I met with a
group of welfare mothers at a Head Start meeting. They were unanimous
and emphatic in their desire to get off
[[Page
H3584]] welfare, but one thing they did ask for help on was the
responsibility of funding day care. Help them find good day care, and
they will take the responsibility of finding work in the private
sector.
Mr. Chairman, as a single mother who raised two sons, I know the
value of good day care and the peace of mind when it is found. I urge
my colleagues to support this amendment.
Mr. KILDEE. Mr. Chairman, I yield such time as she may consume to the
gentlewoman from California [Ms. Pelosi].
Ms. PELOSI. Mr. Chairman, as the gentleman from Michigan [Mr. Kildee]
pointed out in his very poignant story about the mother who had to
choose between leaving her child at home or going to work to provide
for that child, nothing is more important in moving, transitioning,
poor women from welfare to work than the availability of quality child
care, and that is what is so sad about
H.R. 4, because it eliminates
child care assistance to more than 400,000 low-income children in the
year 2000, it eliminates child care funding now guaranteed for AFDC
recipients participating in education, training or work activities. It
eliminates the child funding now guaranteed for 12 months to AFDC
recipients making the transition from welfare to work, and it cuts more
child care services by $2.4 billion over the next 5 years.
Now the amendment offered by our colleagues, the gentlewoman from
Connecticut [Mrs. Johnson], the gentlewoman from Ohio [Ms. Pryce] and
the gentlewoman from Utah [Mrs. Waldholtz], is a step in the right
direction, and I commend the sponsors for offering it, but I recall a
story by the former Governor of Texas who said, ``You can put lipstick
on a sow and call it Monique, but it's still a pig,'' and this, I
contend, is a cosmetic change to this terrible bill,
H.R. 4.
{time} 1115
In my State of California,
H.R. 4 cuts out 35,000 child care slots.
This bill would restore 9,000 of those. That, as I said, is a step in
the right direction.
It is interesting to me that our colleagues keep saying why are you
criticizing
H.R. 4, it is a great bill, and then come to the floor with
25 amendments of their own to make the bill more acceptable, this being
one of them, this not being enough, because it does not restore
traditional, transitional child care services that have been proven
essential to move mothers with young children from welfare to work,
does not ensure that the additional funds it authorizes will even be
available. It only raises the authorization level, and without it being
an entitlement, the funds may never be there, and would continue to
cut, I repeat, cut child care services for more than 300,000 low-income
children in the year 2000. It would continue to pit poor parents and
their demands to children and to work to provide for those children. It
addresses the basic fundamental problem with this bill, it is weak on
work, cheats children, and rewards the rich, all of this to give a tax
break to the wealthiest Americans.
Mr. Chairman, I urge my colleagues to vote against
H.R. 4. I commend
the Members for introducing this amendment.
Mrs. JOHNSON of Connecticut. Mr. Chairman, I yield myself 15 seconds.
Mr. Chairman, I want to clarify the Record. The Deal bill sets aside
$3.5 billion. The CBO baseline estimate is $4.8 billion, for a total of
approximately $8.3 billion. With the Johnson amendment, our bill will
provide $10.5 billion for day care. So there is absolutely nothing cut.
Mr. Chairman, I yield 2 minutes to the gentlewoman from Utah [Mrs.
Waldholtz], a chief sponsor of this bill and an esteemed freshman
colleague.
Mrs. WALDHOLTZ. Mr. Chairman, I thank the gentlewoman for yielding
time to me.
Mr. Chairman, one of the greatest failings of our current welfare
system is that it forces people to choose between work and benefits.
One of the fundamental principles of this bill is that people should
be encouraged and rewarded for work, and this bill gives them that
opportunity.
But parents cannot reasonably be expected to work their way out of
dependency if while they are working their children are not safely
cared for.
The dangers of inadequate child care are obvious. And forcing low-
income parents to make a choice between welfare and work based on their
ability to afford adequate child care is cruel--and undercuts our
efforts to encourage work and promote self-sufficiency.
This amendment increases the bill's child care block grant by $750
million, so that the States can fund their own affordable child care
programs for low-income and working welfare parents.
It will help ensure safe care for our children, and help their
parents go to work and stay at work by giving them peace of mind that
their children are cared for.
I am proud to join with my colleagues in making this important
change, and I strongly urge my colleagues to support this amendment.
The CHAIRMAN. The gentleman from Washington [Mr. McDermott], has 1
minute remaining and has the right to close.
Mr. McDERMOTT. Mr. Chairman, to extend the debate I move to strike
the last word, and ask unanimous consent to merge that additional time
with the time I am presently controlling.
The CHAIRMAN. Is there objection to the request of the gentleman from
Washington?
There was no objection.
Mr. McDERMOTT. Mr. Chairman, I yield 2 minutes to the gentleman from
Georgia [Mr. Deal].
Mr. DEAL. Mr. Chairman, I thank the gentleman for yielding.
Mr. Chairman, first of all, I commend the gentlewoman who has offered
this amendment, because I think it does recognize a movement in the
right direction to correct some of the provisions of
H.R. 4. It will in
fact add back additional funds. But as I look as the scoring on this,
it appears to me that we are still talking about cutting the funding in
this category by some $600 million below current levels. I think that
is what places all of us on the horns of a dilemma in this debate about
welfare reform. On the one hand, if we are going to try to move people
off of welfare and on to work, especially is we are talking about
mothers, the availability of child care is an essential ingredient in
that formula.
If we are in fact under
H.R. 4, even with the amendment, still
cutting below current levels by $600 million, and if current levels are
not adequate to change the status quo, then we still have a problem.
Our Deal substitute, on the other hand, adds $3.7 billion additional
to the child care fund, and in addition to that we have some $424
million over a 5-year period to assist the working poor.
I think we all recognize that this is an essential ingredient in
making the transformation from welfare to work, and I commend the
gentlewoman for this effort. I think it is a movement in the right
direction. I would like to think, however, that our substitute does a
better job.
Mr. FORD. Mr. Chairman, will the gentleman yield?
Mr. DEAL. I yield to the gentleman from Tennessee.
Mr. FORD. Mr. Chairman, I want to associate myself with the remarks
made by the gentleman from Georgia [Mr. Deal] and just point out that
in the Deal bill, putting work first, you really put mothers into the
work force, and you provide additional child care dollars for those
mothers to go to work, in change from what current law would do. The
Johnson amendment would, I guess, bring about some help. It will reduce
the overall package from 400,000 to 300,000 children who will be in
need of child care, but the Deal bill provides additional resources to
ensure proper child care.
Mrs. JOHNSON of Connecticut. Mr. Chairman, I yield 1 minute to the
gentleman from Florida [Mr. Shaw], the chairman of the subcommittee and
the chief author of the welfare reform bill.
Mr. SHAW. Mr. Chairman, I thank the gentlewoman for yielding, and
compliment her on a most-needed amendment.
Mr. Chairman, we have discussed this in the subcommittee, we have
discussed this in the full committee, that the success of the jobs
program in providing real jobs in
H.R. 4 would require the necessity
for additional money to be put into child care. I would like to also
point out to the committee that under the Deal bill, the child care
provision is $8.3 billion over 5 years. That
[[Page
H3585]] is a total over 5 years. With the Johnson amendment,
H.R. 4 will be $10.5 billion.
So these are the figures. The Johnson amendment brings
H.R. 4 far
ahead of the Deal bill in the amount of money that is put into child
care. The figures are plain, the figures are there, and you cannot
argue with them.
So this bill is much richer in child care and recognizes the need for
additional child care much more than the Deal bill. I certainly would
urge all the Members to support the amendment.
Mr. McDERMOTT. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, I would just point out to the chairman of the committee
that he is mixing apples and oranges. The gentleman has taken away the
guarantee of child care.
Mr. Chairman, I yield 1 minute to the gentleman from Texas [Mr.
Stenholm].
(Mr. STENHOLM asked and was given permission to revise and extend his
remarks.)
Mr. STENHOLM. Mr. Chairman, I again want to come with one set of
figures, only to hear what I believe to be true is totally wrong. It
makes me very confused. But I do commend the gentlewoman for offering
this amendment, because in my opinion, she makes a very badly flawed
bill a little bit better. But I still believe very strongly the Deal
substitute is much better, and I believe the debate will show this.
I want to quickly recount a little conversation that I had with a
pastor in a church in my district. He said to me, ``Charlie, if you
just do one thing for me, I have five unwed mothers, teenage mothers,
in my church. If you do just one thing for me, give me the child care
money so that I can provide child care while I tell that young mother,
go back to school and get an education. I will tell her you get that
education, you make your grades, if you will just help me get the money
to take care of her child when we do it.''
That is what the Deal substitute is proposing, a workable--a workable
substitute, not what we are being offered in
H.R. 4.
Mr. Chairman, I commend the gentlewoman for seeking to make
improvements in the base bill. Unfortunately, I fear that even were her
amendment to pass, the child care provisions would be inadequate.
Therefore, I rise in opposition to the Johnson amendment which falls
far short of the child care provisions contained in Mr. Deal's
substitute.
The Deal substitute provides sufficient funding for child care to
meet the increased needs under the plan's aggressive work requirements.
H.R. 4, on the other hand, reduces child care funding $1.4 billion
below levels provided for under current law and does not ensure that
child care will be available to individuals who need it.
This amendment restores only slightly more than half of the funding
needed to maintain current law. In addition, it still does not
guarantee that funding will be available for welfare recipients who
need child care assistance to move into work.
This lack of funding for child care assistance could mean that either
welfare recipients won't move into work, or parents will be forced to
leave their children in unsafe or substandard care if they do get work.
CBO estimates that the Deal substitute will provide $3.7 billion in
child care spending to meet the increased demand for child care as more
individuals move into work. The substitute also increases child care
assistance for the working poor by $424 million over 5 years above the
baseline projections.
The Deal proposal also consolidates child care programs under a
uniform set of rules and regulations, rather than having to comply with
a patchwork of rules under different programs.
The primary source of child care assistance under the Deal
consolidated block grant would be in the form of vouchers that would be
used by parents with the child care provider of their choice. Having
worked on child care in past Congresses, I strongly believe we must
continue to support parental choice as we have in the Deal substitute.
In addition, the Deal substitute contains the most aggressive work
requirements of any bill we will consider today. We also support these
work requirements with funding for the transitional tools recipients
need to make the move from welfare to work. Child care is one of the
most important tools available for working mothers and I believe we
must provide the necessary funding to see that they are able to work.
Reluctantly, I urge opposition to the Johnson amendment and
enthusiastic support for the Deal substitute.
Mrs. JOHNSON of Connecticut. Mr. Chairman, I yield 1 minute to the
gentleman from Delaware [Mr. Castle].
Mr. CASTLE. Mr. Chairman, I thank the gentlewoman for yielding, and I
rise in very strong support of her amendment.
Mr. Chairman, I think child care is a vital function of our welfare
reform efforts. If you are going to train people, have people work, you
need to make a provision for children. But I think we should straighten
out a few facts. One, is it the welfare reform bill that we are
debating here actually has more money in it than the Deal bill as far
as child care is concerned. I say that respectfully, because I do
respect the Deal bill.
Second, a lot of welfare recipients do not even use State-supported
child care. We need to understand that issue as we debate this also.
Also the structure of all this has been criticized, the structure of
going to a block grant. I would point out a few aspects of going to a
block grant which I think help with respect to the providing of child
care.
First, it provides States maximum flexibility in developing programs
that best suit the needs of the residents. It promotes parental choice
to help parents make their own decisions on child care to best suit
their needs, and we get rid of State set-asides which gives us more
money as well. It gives us flexibility, and I support the amendment.
Mr. McDERMOTT. I yield 30 seconds to the gentleman from Michigan [Mr.
Levin].
Mr. LEVIN. Mr. Chairman, I have tried to check out the figures of the
gentlewoman from Connecticut [Mrs. Johnson] and I truly think they are
wrong. You are discussing just part of the Deal bill and not all of the
pieces that fall in place under the Deal bill. Your approach provides
less money when you take into account the whole picture than would be
the entitlement provision under Deal. The analysis is that you provide
only one-third of what is cut by
H.R. 4, and the Deal bill would keep
all of it. Those are the facts.
Mrs. JOHNSON of Connecticut. Mr. Chairman, I yield 1 minute to the
gentleman from Indiana [Mr. Roemer].
(Mr. ROEMER asked and was given permission to revise and extend his
remarks.)
Mr. ROEMER. Mr. Chairman, I rise in reluctant support of this
amendment, the Johnson-Pryce amendment. I think it is like throwing a
bucket of water into Lake Michigan. We need that bucket of water; we
need all the help we can get in child care. I wish that it was more.
We have heard countless times in our Committee on Education and
Economic Opportunities that child care is directly connected to getting
people to work. I strongly support a tougher work requirement. But we
want people moving off welfare onto the work rolls. We want them to be
good parents and good workers.
That is the way that you connect this together, by adequate funding
in child care. We do not want them to say go to work and neglect your
family, you cannot be a good parent. We want them to do both. This
amendment helps in a small way do that.
I had an amendment before the Committee on Rules that would have
allowed States to match more money into this program, but that was not
allowed.
Mr. McDERMOTT. Mr. Chairman, I yield 1 minute to the gentleman from
Texas [Mr. de la Garza.]
Mr. de la GARZA. Mr. Chairman, listening to the debate, a name burns
in my mind and in my soul. Alejandrita Hernandez, 6 years old, her
parents working in a field in Florida. She is found raped and killed
under a truck.
These were poor working people, and if you reduce by one the
availability of child care, I want it to burn in your mind, Alejandrita
Hernandez. We are talking about savings to give tax credits to the
rich. We are talking about not welfare, not revamping. We are missing
the boat altogether.
As good intentioned as all of us might be, you have not done anything
to help Alejandrita Hernandez. You cannot bring her back. But it would
burn in my mind and soul that her name would be forgotten so that we
can give tax credits to $200,000 and over.
[[Page
H3586]] Mrs. JOHNSON of Connecticut. Mr. Chairman, I yield 1
minute to the gentleman from California [Mr. Bilbray], who has had a
lot of experience in this area.
Mr. BILBRAY. Mr. Chairman, I stand here today not as a Member of
Congress, but as somebody who operated a welfare system for a county
that was larger than 30 States of the Union, San Diego County. I want
to commend my colleague from Connecticut because she shows the
awareness of the realities out there that have been ignored by the
Federal Government for too long.
I appreciate my colleague from Texas being concerned about the
tragedies that have occurred. Those tragedies have occurred, Mr.
Chairman, because of the lack of innovative approaches being allowed by
local government. This amendment will actually allow women to
participate in the child care process, to be part of the answer rather
than part of the problem. And rather than what our colleagues on the
other side of the aisle would like to do, always finance a larger,
bigger bureaucracy, this allows the recipients to be part of the
answer, to participate, to actually earn part of their benefits by
participating in child care.
Mr. Chairman, I think that the compassionate approach that our
colleagues from Connecticut have shown should entice our colleagues on
the other side to join us in this good amendment.
Parliamentary Inquiry
Mrs. JOHNSON of Connecticut. Mr. Chairman, I have a parliamentary
inquiry.
The CHAIRMAN. The gentlewoman will state it.
Mrs. JOHNSON of Connecticut. Mr. Chairman, is it not procedurally
correct that I close?
The CHAIRMAN. The gentlewoman from Connecticut is choosing to amend
the committee position. The gentleman from Washington [Mr. McDermott]
took the committee position in opposition. He has the privilege of
closing.
Mrs. JOHNSON of Connecticut. Mr. Chairman, I yield 1 minute to the
gentlewoman from Kansas [Mrs. Meyers].
{time} 1130
Mrs. MEYERS of Kansas. Mr. Chairman, I rise in strong support of this
amendment and of the whole concept of block granting.
We currently have seven different Federal programs: Child care for
AFDC, Transitional Child Care, At-Risk Child Care, Child Care
Development Block Grant, State Dependent Care Planning and Development
Grants Program, Child Development Associate Credential Scholarship
Program, Native American Family Centers Program.
This is certainly not a seamless program. There is a great deal of
bureaucracy and money spent. It is confusing to the recipients.
I strongly support the block grant and the fact that the gentlewoman
from Connecticut [Mrs. Johnson] is adding $150 million which will
provide even more, certainly, that goes to child care than we are
providing now. A great deal is lost in the confusion among the various
programs. I strongly support the Johnson amendment.
Mr. McDERMOTT. Mr. Chairman, I yield such time as he may consume to
the gentleman from Tennessee [Mr. Clement].
(Mr. CLEMENT asked and was given permission to revise and extend his
remarks.)
Mr. CLEMENT. Mr. Chairman, I rise in opposition to the Johnson
amendment.
Mr. Chairman, one of the biggest barriers to work for welfare
recipients is their inability to provide their child with safe and
affordable care while they work.
H.R. 4 will make it more difficult for single parents on welfare to
move into work than it is right now.
H.R. 4 reduces child care funding and provides no guarantee that
child care will be available to individuals who need it.
H.R. 4 as it is currently written reduces funding for child care
services $1.4 billion below the current levels.
The Johnson amendment restores more than half the cut but still
leaves funding for child care services $650 million below current
levels.
Supporters of
H.R. 4 claim that their bill has real work requirements
and that they will put people to work. If this is true, they do not
have enough money for child care and these people will not be able to
go to work.
So which is it? Is
H.R. 4 weak on work as we assert, or is it that
H.R. 4 is weak on funding for child care?
Which is it? You cannot have it both ways?
Mr. Chairman, another day of debate, another hole exposed.
Mr. McDERMOTT. Mr. Chairman, I yield myself the balance of my time.
We have talked about numbers here. The fact is that the bill that
came out of the committee, proposed by the gentlewoman from Connecticut
[Mrs. Johnson] and others, repealed $4.6 billion in child care. That,
plus the $8 million that the gentleman from Georgia [Mr. Deal] has, is
more than $12 billion, which is more money than was presently in this
bill. So there is no question.
The gentlewoman from Connecticut [Mrs. Johnson] assures us that there
is no dealing with polls here, nobody is worried about polls. Well, I
have a story from the Washington Times on the 5th of March where the
gentleman from Pennsylvania [Mr. Goodling] says, ``The only major area
of concern I have is the area of day care.''
This has been known since the 5th of March, when it was in the
committee of the gentleman from Pennsylvania [Mr. Goodling]. He did
absolutely nothing about it.
When it gets out here on the floor and the American public figures
out what it is all about, suddenly they say, in the poll, the
Republicans are cutting child care; they should not be doing that.
So we suddenly have this little fig leaf amendment. I urge that
Members vote against this fig leaf amendment and for the bill of the
gentleman from Georgia [Mr. Deal].
The CHAIRMAN. All time has expired.
The question is on the amendment offered by the gentlewoman from
Connecticut [Mrs. Johnson].
The amendment was agreed to.
The CHAIRMAN. It is now in order to consider amendment No. 15 printed
in House Report 104-85.
amendment offered by mrs. roukema
Mrs. ROUKEMA. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment offered by Mrs. Roukema: Page 114, strike line 4,
and insert the following:
``(b) Additional Requirements With Respect To Assistance
for Pregnant, Postpartum, and Breastfeeding Women, Infants,
and Children.--
``(1) Minimum amount of assistance.--The State shall
Page 114, after line 11, insert the following paragraph:
``(2) Cost containment measures regarding procurement of
infant formula--
``(A) In general.--The State shall, with respect to the
provision of food assistance to economically disadvantaged
pregnant women, postpartum women, breastfeeding women,
infants, and young children under subsection (a)(1),
establish and carry out a cost containment system for the
procurement of infant formula.
``(B) Use of amounts resulting from savings.--The State
shall use amounts available to the State as result of savings
in costs to the State from the implementation of the cost
containment system described in subparagraph (A) for the
purpose of providing the assistance described in paragraphs
(1) through (5) of subsection (a).
``(C) Annual reports.--The State shall submit to the
Secretary for each fiscal year a report containing--
``(i) a description of the cost containment system for
infant formula implemented by the State in accordance with
subparagraph (A) for such fiscal year; and
``(ii) the estimated amount of savings in costs derived by
the State in providing food assistance described in such
subparagraph under such cost containment system for such
fiscal year as compared to the amount of such savings derived
by the State under the cost containment system for the
preceding fiscal year, where appropriate.
The CHAIRMAN. Under the rule, the gentlewoman from New Jersey [Mrs.
Roukema] will be recognized for 10 minutes, and a Member in opposition
will be recognized for 10 minutes.
Mr. KILDEE. Mr. Chairman, I am mildly opposed to the amendment.
The CHAIRMAN. The gentleman from Michigan [Mr. Kildee] will be
recognized for 10 minutes.
The Chair recognizes the gentlewoman from New Jersey [Mrs. Roukema].
[[Page
H3587]] Mrs. ROUKEMA. Mr. Chairman, I yield myself such time
as I may consume.
Mr. Chairman, as you know, I am offering an amendment to
H.R. 4 that
will require States to carry out cost-containment systems for providing
infant formula to WIC participants under the family nutrition block
grant in
H.R. 4.
Mr. Chairman, this issue rightfully has been the source of
considerable debate over the past few months.
During the Opportunities Committee markup, an amendment was offered
by my colleague from Michigan [Mr. Kildee], that would have maintained
the current system of competitive bidding for infant formula for the
WIC Program. This amendment, which I supported--the only Republican to
do so--was defeated, which is why I am standing here today.
Many Members, including myself, continue to be deeply concerned that,
under the current system in
H.R. 4, which eliminates the existing
competitive bidding system for infant formula, States might no longer
choose to carry out competitive bidding.
Mr. Chairman, under current law, States are required to have infant
formula producers bid competitively for WIC contracts, or any other
cost-containment measure that yields equal to or greater savings than
those achieved under competitive bidding. And, currently, according to
the USDA, this system achieves an estimated savings of over $1 billion
annually which is used to provide WIC services to 1.6 million
economically disadvantaged pregnant women, postpartum women,
breastfeeding women, infants, and young children every month. This, of
course, is why I support retaining competitive bidding.
And, although my amendment does not mandate competitive bidding, I
believe that it takes a big step in ensuring that States achieve the
necessary savings in their infant formula program so that eligible
individuals can receive essential WIC services.
Importantly, Mr. Chairman, my amendment would require that States use
the savings achieved under this system for the purposes of carrying out
all services under this nutrition block grant--child and adult care
food, summer food, and homeless children nutrition. As a result, States
are given the flexibility to use these savings where they see the
greatest need.
Moreover, my amendment would have States report annually to the
Secretary of Agriculture on the system they are using, the savings
achieved, and how this savings compares to that of the previous fiscal
year. This is an important part of the amendment because it gives
infant formula producers the incentive to keep their bids low. Without
this safeguard, no one has to know what, if any, savings are being
achieved. Nor can we assess whether fraudulent practices are adding to
costs.
Mr. Chairman, I support the block grant approach. However, some block
grant supporters argue that States are capable of carrying out their
own cost-containment systems without Federal involvement, and that
States will continue to carry out cost-containment systems that best
serve those in need. But we should not assume that States will do the
right thing when this kind of money is at stake.
That is precisely what this amendment attempts to do, Mr. Chairman.
The Congress has an obligation--a fiduciary one--to evaluate and
monitor how Federal tax dollars are being spent.
And, I would argue against those who claim that this would be a
mandate on the States interfering with flexibility because my amendment
neither tells the State what type of cost-containment measure to
implement, nor does it tell the State how much savings to achieve.
Mr. Chairman, this is a good amendment, and a necessary one. I urge
my colleagues to support it.
This amendment would require States to carry out cost-containment
systems for infant formula included in food packages provided under the
family nutrition block grant.
The State will report to the Secretary of Agriculture on an annual
basis: the system it is using; the savings generated by this system;
and how this savings compares to previous savings under the Federal
system.
The State shall use whatever savings it achieves for the purpose of
providing services to the programs under the family nutrition block
grant.
While I am about to mention four current alternative cost-containment
systems, States are certainly not limited to these options but can
combine and/or devise new ways to contain costs.
One, multisource systems--State agencies procuring infant formula can
award contracts to the lowest bidder as well as other manufacturers
whose bids fall within a certain price range of this bid. States can
determine how big this margin should be.
Two, open market rebate systems--State agencies can negotiate
separate rebates with each infant formula manufacturer so that WIC
participants can choose between those infant formulas being offered.
These rebates do not increase a manufacturers market share nor will
choosing not to offer a rebate prevent a manufacturer from having less
shelf space.
This merely assures smaller or newer infant formula manufacturers
some access to the WIC infant formula market.
Three multistate systems--cooperative purchasing--States within a
region of the U.S. can join together under one type of rebate system to
procure infant formula.
Rebates tend to be higher in large States because in those States
there are more people which means that there will most likely be more
WIC participants and subsequently a larger market share at stake for
which infant formula manufacturers are willing to pay a higher price.
Conversely, rebates tend to be lower in smaller States because these
States have smaller populations most likely translating into fewer WIC
participants which means that the market is smaller and, subsequently,
less of an incentive for an infant formula manufacturer to offer a low
bid.
It has been suggested that, as evidenced through past multistate
systems, larger States join with other large States and that small
States join with other small States because, when they cross over,
smaller States will benefit with a higher rebate which might fall below
the rebate that the larger States were originally receiving.
Four, fixed price procurement systems--State agencies purchase infant
formula directly from the manufacturer at some type of discounted fixed
price.
The infant formula can then either be distributed by the appropriate
State agency or by the retail stores.
And, this fixed price could be determined by all three parties
involved--manufacturer, agency, and retailer.
Mr. Chairman, I reserve the balance of my time.
Mr. McDERMOTT. Mr. Chairman, to extend debate, as the designee of the
gentleman from Florida [Mr. Gibbons], I move to strike the last word
and ask unanimous consent to merge that additional time with the time
which the gentleman from Michigan [Mr. Kildee] is now controlling.
The CHAIRMAN. Is there objection to the request of the gentleman from
Washington?
There was no objection.
The CHAIRMAN. The Chair recognizes the gentleman from Michigan [Mr.
Kildee].
Mr. KILDEE. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I am very disappointed that the Committee on Rules
would not allow me to offer my amendment to require States to continue
to use competitive bidding when purchasing infant formula for the WIC
program.
That amendment would have saved $1 billion. Although I will support
probably, if I am persuaded, the amendment of the gentlewoman from New
Jersey [Mrs. Roukema], as it is well-intentioned, I am skeptical that
it will really do anything. There is a billion dollars worth of
difference between the words ``cost containment'' and ``competitive
bidding.'' A billion dollars worth of difference.
The amendment of the gentlewoman from New Jersey [Mrs. Roukema] would
require States to use cost containment measures. Prior to the enactment
of the 1989 law requiring States to use competitive bidding, States
were using a variety of cost containment measures. We found that they
just did not work. The savings were minimal.
That is why in 1989, in a true bipartisan manner with the help of
President George Bush, we enacted a law to require States to use
competitive bidding in the WIC program. We found that when we required
States to use that competitive bidding, Mr. Chairman, not mere cost
containment, that we saved $1 billion a year, $1 billion, $1 billion
that enabled 1\1/2\ million more
[[Page
H3588]] pregnant women and infants to be served each month under
the WIC program.
Many of you will say, well, the States will continue to use
competitive bidding. But only half the States were doing that before we
mandated that by law. The other half were using industry-favored cost
containment systems.
I would like to ask a question of the gentlewoman from New Jersey,
who I know is the only Republican in committee who supported my
amendment on competitive bidding.
Let us say that the State enters into a contract with one of the
infant formula companies and gets a $10,000 rebate on a $5 million
contract.
Would that qualify?
Mrs. ROUKEMA. Mr. Chairman, will the gentleman yield?
Mr. KILDEE. I yield to the gentlewoman from New Jersey.
Mrs. ROUKEMA. Mr. Chairman, I did not hear the gentleman. I could not
hear the gentleman over the din.
Mr. KILDEE. The question is, under the gentlewoman's language, if a
State entered into a contract with an infant formula company and got a
$10,000 rebate on a $5 million contract, would that qualify under the
gentlewoman's language?
Mrs. ROUKEMA. Mr. Chairman, if the gentleman will continue to yield,
if that is the cost containment program, yes. I believe that money
would then be reinvested back into the WIC program. I am sorry. WIC or
any other part of the block grant, as I explained in my opening
statement.
Mr. KILDEE. Mr. Chairman, $100,000 would qualify then, and $1 million
would certainly qualify, right? If they entered into a contract with an
infant formula company and say we will get a million dollars rebate on
a $5 million contract, a fortiori, that would qualify under the
gentlewoman's language?
Mrs. ROUKEMA. I think I am not quite sure what the gentleman is
getting at, but I think he is talking about sole-source bidding, and
maybe he is not going to make those same savings. That, of course, is
one
of the underlying reasons I supported the gentleman in committee.
We do not have all those benefits here, but this is a giant step, it
seems to me, in the right direction of exercising, maintaining the
flexibility of the States and still exercising our fiduciary
responsibility.
Mr. KILDEE. My point is that under the gentlewoman's language, a
$10,000 rebate would qualify for a $5 million contract, and a $1
million rebate would qualify under a $5 million contract. The fact of
the matter is that we would do better under a competitive bidding than
a $1 million rebate under a $5 million contract. We found that out. We
would save much more under competitive bidding.
So the gentlewoman can see the markup they have on infant formula. We
would do far more than even if we got a $1 million rebate on a $5
million contract, if we used the language I wanted to use and which the
gentlewoman supported in committee, to her great credit, competitive
bidding.
Competitive bidding saves $1 billion a year. We found that out as
soon as we enacted this in 1989. So the most generous cost containment
that could be used under the gentlewoman's language would be far less a
savings than competitive bidding. There is a $1 billion worth of
difference between cost containment and competitive bidding.
Mr. Chairman, I reserve the balance of my time.
{time} 1145
Mrs. ROUKEMA. Mr. Chairman, I yield 2 minutes to the gentleman from
Pennsylvania [Mr. Goodling], the chairman of the committee.
Mr. GOODLING. I thank the gentlewoman for yielding me the time.
I want to echo what she said because it is what I have said since day
1, that we do not believe in block grants as revenue sharing. We set
the goals and that is what she is doing. The gentleman from Michigan is
correct. Back in the old days, and it seems we cannot get beyond the
old days. But back in the olden days, States did not know all those
things. They learned all those things now. Would it not be kind of
foolish now to walk away from the opportunity of getting an extra $1
billion, or $2 billion if you can get that? So what she does is give
that flexibility to the States. I cannot imagine any State anywhere
walking away from getting the biggest amount that they can possibly
get. As I said, they have learned how to do that now. Ten years ago,
they did not know that. But they have the experience. So I think the
gentlewoman's amendment is one that should be accepted and it will go a
long way to take care of those we wish to take care in a flexible
manner that more can be served than have been served in the past. I
would hope all would support her amendment.
Mr. KILDEE. Mr. Chairman, I yield myself such time as I may consume.
I would say that I certainly would hope that we all learn from
subsequent actions. But I having served 12 years in State government
know the influence of the infant formula companies on State government.
They do various things on cost containment. They will promise the
university hospital so much infant formula. They will promise the
health department so much. They work very closely with the legislature
too.
I know that there can be other inducements not nearly as advantageous
to the taxpayers and to the women and the infants as competitive
bidding. If you think they are going to do it, why are you so reluctant
to put it into law?
The gentleman from Pennsylvania [Mr. Goodling] worked with me in
1989. He, George Bush, and the gentleman from Oregon [Mr. Wyden],
worked with me to get that language in. I think we need that language
because I know how the infant formula companies work in the various
States.
Mr. Chairman, I yield 3 minutes to the gentleman from Oregon [Mr.
Wyden].
Mr. WYDEN. I want to thank the gentleman for his good work.
Let me start by saying that I brought to the floor a can of infant
formula which costs a little bit over 30 cents a can to manufacture and
sells retail in our stores for maybe $2.70 a can. As a result of the
free enterprise system that we brought to WIC on a bipartisan basis in
1989, as my colleague has said, we get 1 billion dollars' worth of
taxpayer efficiency on this program every year.
But what I want to say to my colleagues is that after all the talk of
free enterprise that we have heard from the other side this session, as
a result of this bill, even with the Roukema amendment, we will be
going back to the old days of closed markets and backroom contracting.
We ought to note that the gentlewoman from New Jersey wanted to do
this right and to keep competitive bidding. What will happen even with
this amendment is a lot of States will not have to do sealed bids which
is the way to have real competition. We will also see the infant
formula companies going about this country offering inducements to the
States to reject competitive bidding and go with cost containment.
I would like to mention that the Federal Trade Commission, the
experts there, are alarmed not just about the negative aspects for WIC
of eliminating competitive bidding, they have written to me and they
have said that by eliminating competitive bidding, we will reduce
competition for infant formula in our stores and for the general
market.
The reason that is the case is the way these giant infant formula
companies get known is to move into the WIC market and get the public
familiar with their product.
I just say to my colleagues, particularly on the other side, let us
reinvent Government where it does not work. This is an example of a
program where free enterprise, that the parties worked on together in
1989, has worked. As a result, we are going to be eliminating
competitive bidding. That is going to take milk from the mouths of poor
infants and it is going to give cookies and cream to the infant formula
companies and that is wrong.
Mr. Chairman, I include the following for the Record.
Federal Trade Commission,
Washington, DC, March 16, 1995.
Hon. Ron Wyden,
U.S. House of Representatives,
Washington, DC.
Dear Representative Wyden: Chairman Steiger forwarded a
copy of your March 8, 1995 letter to me and asked that I
respond to your inquiries. In that letter, you indicated that
the House Economic and Education Opportunities Committee had
voted to end the competitive bidding requirement for infant
[[Page
H3589]] formula contracts that are part of the Special
Supplemental Food Program for Women, Infants and Children
(``WIC''). You also noted that three companies dominate the
infant formula industry and you pointed to a possible effect
in the general retail market from eliminating bidding
requirements in the WIC Program, namely, that it might
discourage new companies from entering the infant formula
market. In this regard, you asked that, based on our
experience in dealing with competitive issues related to the
WIC and general retail market for infant formula, we respond
to a series of questions.
I should point out that while I have not studied the
proposed legislation to which you referred, I have been
involved in lengthy litigations relating to the WIC and
general retail markets for infant formula, and I am able to
provide you with my views on the questions you have raised.
These views, of course, are my own and do not necessarily
reflect the views of the Commission or any individual
Commissioner. This response does not provide any non-public
information and, accordingly, I do not request confidential
treatment.
1. Do you believe that eliminating competitive bidding for
infant formula in the WIC market will discourage competition
in the general market for infant formula? Please explain.
I agree with your assessment that competitive bidding in
the WIC program makes entry into the infant formula market
easier. I also agree that to the extent that competitive
bidding in the WIC market is eliminated or made less likely,
then competition in the general retail market for infant
formula would be adversely affected.
The infant formula market is highly concentrated, with
three companies accounting for the va
Major Actions:
All articles in House section
PERSONAL RESPONSIBILITY ACT OF 1995
(House of Representatives - March 23, 1995)
Text of this article available as:
TXT
PDF
[Pages
H3581-H3700]
PERSONAL RESPONSIBILITY ACT OF 1995
The SPEAKER pro tempore (Mr. Dickey). Pursuant to House Resolution
119, and rule XXIII, the Chair declares the House in the Committee of
the Whole House on the State of the Union for the further consideration
of the bill
H.R. 4.
{time} 1055
in the committee of the whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the State of the Union for the further consideration of
the bill (
H.R. 4) to restore the American family, reduce illegitimacy,
control welfare spending, and reduce welfare dependence, with Mr.
Linder in the chair.
The Clerk read the title of the bill.
The CHAIRMAN. When the Committee of the Whole rose on Wednesday,
March 22, 1995, amendment No. 11 printed in House Report 104-85,
offered
[[Page
H3582]] by the gentlewoman from California [Ms. Woolsey], had
been disposed of and the bill was open for amendment at any point.
It is now in order to consider amendment No. 13, printed in House
Report 104-85.
amendment offered by Mrs. Johnson of Connecticut
Mrs. JOHNSON of Connecticut. Mr. Chairman, I offer amendment No. 13,
printed in House Report 104-85.
The CHAIRMAN. The clerk will designate the amendment.
The text of the amendment is as follows:
Amendment offered by Mrs. Johnson of Connecticut: Page 87,
line 3, strike ``$1,943,000,000'' and insert
``$2,093,000,000''.
The CHAIRMAN. Pursuant to the rule, the gentlewoman from Connecticut
[Mrs. Johnson] will be recognized for 10 minutes, and a Member opposed
will be recognized for 10 minutes.
Mr. McDERMOTT. Mr. Chairman, I rise in opposition to the amendment.
The CHAIRMAN. The gentleman from Washington [Mr. McDermott] will be
recognized for 10 minutes.
The Chair recognizes the gentlewoman from Connecticut [Mrs. Johnson].
Mrs. JOHNSON of Connecticut. Mr. Chairman, I yield myself such time
as I may consume.
Mr. Chairman, I rise today to urge support of the child care
amendment which I am offering along with Congresswomen Pryce, Dunn, and
Waldholtz, which raises the authorization level for the child care
grant by $150 million a year for 5 years.
Mr. Chairman, there are three main points I would like to make with
respect to this amendment.
First, requiring adults to work in exchange for their benefits will
increase the need for child care. This is inevitable. Fully 63 percent
of families on AFDC have children age 5 and under. A significant number
of children who are in school still need after-school care, since the
school day and school year are much more limited than the typical
workday and work year.
In an ideal world, extended family would be able to provide some
amount of this care. But in today's world day care and the need for day
care is a reality for those on welfare and those gaining independence.
Second, reduced child care funding puts the squeeze on the working
poor. In recent years, AFDC participation rates have resulted in States
offering the program tilting more and more toward welfare families and
away from the working poor.
Thirty-five States reported last year that they have a waiting list
for subsidized child care for working poor. My State of Connecticut
does not even maintain a waiting list anymore, since all slots opened
up are already spoken for.
As we require more women on welfare to work, this problem is going to
get more serious, not less serious.
I am pleased to be proposing this amendment today because I think it
expands our resources significantly to address the child care needs
that will develop as we reform welfare. But this amendment is not the
whole answer. That is a point that is very important to make because
there was a lot of misunderstanding in recent days as we debated this
bill about how we are going to manage the child care needs that welfare
reform will impose upon society. The heart of the solution is actually
not this amendment; the heart of the solution is moving welfare from a
cash-gift basis to a cash-wage basis because if everyone receiving
welfare were also working and we used our day care resources to pay
very skilled administrators and lead teachers, child development
experts to run these day care centers, with welfare recipients now
being paid to staff them, then we would in fact have the child care
slots that we need at the money that is currently available.
So this is simply one step forward, giving States time and resources
to create really the much greater, broader child care opportunity,
better connected to education, work, and training that real reform
demands.
Mr. Chairman, I reserve the balance of my time.
{time} 1100
Mr. McDERMOTT. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, Members of the House, we have again a fig leaf on the
other side. They have written the bill, they have gotten it out here.
Then they did a poll. On Monday they did a poll; a Republican pollster
did a poll, and found that 67 percent of Americans believe the
Government should help pay for child care for mothers on welfare. They
found that 54 percent of those surveyed opposed eliminating
requirements to State-set minimum health and safety standards for child
care. So they said, ``This is awful what we did. We've cut 400,000 kids
out of child care.''
So they have come out here with an amendment today. It is a fig leaf.
It puts 100,000 back on. There is still 300,000 kids who will not get
welfare child care under this bill.
There should be no mistake about it; this does not solve the problem.
The gentlewoman from Connecticut [Mrs. Johnson] is absolutely correct.
It is a fig leaf because they got a poll that said they were in
trouble.
Mr. Chairman, I yield 2\1/2\ minutes to the gentlewoman from
Connecticut [Mrs. Kennelly].
Mrs. KENNELLY. Mr. Chairman, this goes right to the heart of the
debate, and the gentlewoman from Connecticut [Mrs. Johnson] and I have
worked on some of these issues over the years, but we part company
today in addressing day care; the reason is that the Republican bill
block grants and sends everything back to the State. What we would like
to do in the Deal amendment is to make sure some of the programs that
do work stay in the Federal purview.
H.R. 4 repeals a transitional child care program which guarantees day
care for the children of parents who leave welfare. This is needed. It
repeals an AFDC child care program which provides day care for parents
attempting to get off welfare, and
H.R. 4 repeals the at-risk child
care program for people that try to stay off and do not want to go back
on, and so we have this amendment before us which is a good amendment
because it has additional dollars for day care.
However, Mr. Chairman, the amendment has the correct idea;
unfortunately the vehicle is the incorrect vehicle. Block grants will
not be able to provide more with less. If you are serious about taking
people off welfare and putting them to work, in many cases you have to
see there is adequate day care. That is what the programs we are ending
tried to do.
One of the best parts of the Federal program is taking care of three
groups needing child care: The family on welfare trying to get off, the
family that was on welfare and doesn't want to go back, and the family
in danger of going on welfare. If you work, want to work, or need to
work, you often need help--especially if you are a single head of
household. I commend the woman and Mrs. Johnson for putting forth this
amendment.
Mrs. JOHNSON of Connecticut. Mr. Chairman, before yielding to my
colleague from Ohio, I yield myself such time as I may consume.
Mr. Chairman, I do want to mention that this amendment was put in
well before that poll. This is not a poll response. This was put in
after all the bills came out of committees. We had a chance to evaluate
their interaction and how the program would work, and this is the money
that then we decided was needed to be added in order to ensure that
welfare reform will work for women and children and provide security
and opportunity in the future.
Mr. Chairman, I yield 2 minutes to the gentlewoman from Ohio [Ms.
Pryce].
Ms. PRYCE. Mr. Chairman, I rise in strong support of this amendment
offered by my friend, the gentlewoman from Connecticut [Mrs. Johnson],
commend her for her efforts, and in strong objection to the fact that
there was a statement from the other side that this was the result of a
poll. This is the result of mostly hard work, consultation with
Governors and working the numbers, as the gentlewoman from Connecticut
[Mrs. Johnson] just alluded to.
Mr. Chairman, moving people from welfare to work and toward self-
sufficiency is the central goal of welfare reform. But only by removing
the barriers to work can we achieve this goal.
It is clear that lack of affordable quality child care is a primary
obstacle
[[Page
H3583]] to employment for many parents, especially single
mothers. If we are going to require work, and we should, our Nation's
children must not be forgotten. As the work participation requirements
under
H.R. 4 are phased in, the demand for child care will increase
dramatically. Federal child care dollars will need to serve today's
working poor, as well as the new welfare families who will be entering
the workplace.
All Americans have an interest in meaningful welfare reform that
encourages work. Our Nation also has an intense interest in ensuring
that our children are cared for, especially in their early years so
that they can grow into responsible, productive citizens. The
investment
H.R. 4 makes in child care will contribute to this goal.
Young children watching parents go to work every day is a lesson in
life that cannot be taught any other way.
Mr. Chairman, I urge my colleagues to support the Johnson-Pryce-Dunn-
Waldholtz amendment to make sure we take care of America's children
while their parents experience the dignity of work and move into self-
sufficiency.
Mr. McDERMOTT. Mr. Chairman, I yield 1 minute to the gentleman from
Michigan [Mr. Levin].
Mr. LEVIN. Mr. Chairman, this amendment is better than nothing, but
it really is not good enough. Real welfare reform is critical. The
status quo is indeed dead. The key to welfare reform is work, and
important for getting people off of welfare into work is child care.
H.R. 4 would gut the child care provisions, and what this does is to
try to retrieve some of that. According to one estimate, 32 percent of
what is cut out of
H.R. 4 would be restored here.
So, Mr. Chairman, a third of a loaf is better than none, but it is
going to leave many people who are on welfare, who must get to work,
without the provision of child care. The Deal bill goes all the way in
terms of making work a reality and making day care available, and that
is why I support the Deal bill.
Mrs. JOHNSON of Connecticut. Mr. Chairman, I yield such time as he
may consume to the gentleman from Pennsylvania [Mr. Goodling], chairman
of the Committee on Economic and Educational Opportunities.
Mr. GOODLING. Mr. Chairman, I thank the gentlewoman from Connecticut
[Mrs. Johnson] for giving me the time and also for sponsoring the
amendment.
Mr. Chairman, when the legislation left our committee, I said to the
Committee on Ways and Means that I had two concerns about what we had
done in committee. One was that perhaps in the outyears we did not have
sufficient money. I was not worried about the 1st year or the 2d year
as far as day care was concerned, but I was worried about the outyears,
and she is taking care of that. The other concern that I had dealt with
legal aliens, which I believe will be taken care of later also.
Mr. Chairman, the beauty of the gentlewoman's amendment is that she
goes way above what the CBO baseline projects for spending over this 5
years. CBO baseline says 9,396,000,000. With the amendment offered by
the gentlewoman from Connecticut [Mrs. Johnson] we are now up to
10,515,000,000. So there is a sizable increase over what the CBO
baseline projects, and I am happy to support the gentlewoman's
amendment.
Mr. McDERMOTT. Mr. Chairman, I yield 5 minutes to the gentleman from
Michigan [Mr. Kildee], and I ask unanimous consent that he be allowed
to control that time.
The CHAIRMAN. Is there objection to the request of the gentleman from
Washington?
There was no objection.
Mr. KILDEE. Mr. Chairman, I rise in support of the amendment offered
by the gentlewoman from Connecticut [Mrs. Johnson] because it makes the
bill marginally better. But the structure that has been changed in this
bill really will not permit me to vote for the bill itself, but I will
support the amendment in case this bill passes, that we will have
marginally recognized that this child care is very, very important. Let
me give my colleagues an example.
I have been in public life for 30 years now, and of course for 30
years, like many of my colleagues in public life, I have been asked to
try to get people jobs. I can recall in one instance I got a woman a
job working in a restaurant in Flint, MI, and she had three children,
and she was so happy to get that job, but she really did not have any
reliable child care. She worked on that job less than 2 weeks and found
that in less than 2 weeks she had four or five different arrangements
for child care, with her grandparents, with a sister, with a neighbor.
One day the kids were left alone--that was the last day she worked--
left home alone, asking a neighbor to look in once in a while on them.
Mr. Chairman, that is a cruel choice to give to women, to tell them
that they should work, and certainly work is much to be preferred to
welfare, but to force a woman to have no reliable child care, to rely
upon a neighbor, a sister, a grandparent, and then the worst choice, to
leave them home alone, and that, for her, was the last she could
choose, and she had to leave that job. Now we can do better than that.
Now I support the amendment offered by the gentlewoman from
Connecticut [Mrs. Johnson], but the structure and the cuts we have here
in child care are enormous. By the year 2000, fiscal year 2000, in
Michigan, Michigan will lose $16.1 million for this and lose almost
10,000 child care slots. Now, albeit the Johnson amendment does
marginally improve that, under that Michigan, by the year 2000, will
lose $12.1 million and lose only 7,400 slots. But I am concerned about
those 7,400 slots. That is why I cannot support this bill, but the
gentlewoman from Connecticut [Mrs. Johnson] is marginally improving the
bill with her amendment.
So, Mr. Chairman, I would urge the support of the amendment offered
by the gentlewoman from Connecticut [Mrs. Johnson] but urge the defeat
of the bill.
Mr. GOODLING. Mr. Chairman, as the designee of the gentleman from
Texas [Mr. Archer], I move to strike the last word in order to receive
the 5 minutes of debate time as provided for in the rule.
The CHAIRMAN. The gentleman has that right.
Mrs. JOHNSON of Connecticut. Mr. Chairman, how much time do I have
remaining?
The CHAIRMAN. Eight and a half minutes.
Mrs. JOHNSON of Connecticut. Including the 5 minutes just yielded?
The CHAIRMAN. The gentlewoman is correct.
Mrs. JOHNSON of Connecticut. Mr. Chairman, I yield 2 minutes to the
gentlewoman from Washington [Ms. Dunn], a member of the Committee on
Ways and Means and the chief sponsor of this amendment.
Ms. DUNN of Washington. Mr. Chairman, on behalf of some of America's
neediest and yet valued citizens, we begin the process of ending
welfare as a way of life and restoring welfare assistance to its
original purpose, to provide temporary help to our neighbors in need.
Mr. Chairman, Americans are a generous people who have long
demonstrated our commitment to help our neighbors, families and
children in need, but the American people also ask for results for our
efforts.
To the American taxpayers who have, so far, spent $5 trillion to
support what has been described by both sides in this House debate as a
failed welfare system, let me assure them that our bill is a botton-up
review. The Republican bill will remove the incentives that encourage
welfare dependency and provide new incentives that encourage work and
lift people from the cycle of poverty.
As part of providing support to the soon-to-be working mothers, Mr.
Chairman, we are offering an amendment that will provide an additional
$750 million in child care funding to these parents. As people move off
welfare the women with children, especially preschool children, could
be caught in a trap. Rightfully they are required to enter the work
force, and yet also rightfully they are worried about the safety of
their children. Our amendment helps newly working mothers meet their
personal responsibility obligations and address the legitimate concerns
for their children.
Last Saturday, Mr. Chairman, at home in Washington State I met with a
group of welfare mothers at a Head Start meeting. They were unanimous
and emphatic in their desire to get off
[[Page
H3584]] welfare, but one thing they did ask for help on was the
responsibility of funding day care. Help them find good day care, and
they will take the responsibility of finding work in the private
sector.
Mr. Chairman, as a single mother who raised two sons, I know the
value of good day care and the peace of mind when it is found. I urge
my colleagues to support this amendment.
Mr. KILDEE. Mr. Chairman, I yield such time as she may consume to the
gentlewoman from California [Ms. Pelosi].
Ms. PELOSI. Mr. Chairman, as the gentleman from Michigan [Mr. Kildee]
pointed out in his very poignant story about the mother who had to
choose between leaving her child at home or going to work to provide
for that child, nothing is more important in moving, transitioning,
poor women from welfare to work than the availability of quality child
care, and that is what is so sad about
H.R. 4, because it eliminates
child care assistance to more than 400,000 low-income children in the
year 2000, it eliminates child care funding now guaranteed for AFDC
recipients participating in education, training or work activities. It
eliminates the child funding now guaranteed for 12 months to AFDC
recipients making the transition from welfare to work, and it cuts more
child care services by $2.4 billion over the next 5 years.
Now the amendment offered by our colleagues, the gentlewoman from
Connecticut [Mrs. Johnson], the gentlewoman from Ohio [Ms. Pryce] and
the gentlewoman from Utah [Mrs. Waldholtz], is a step in the right
direction, and I commend the sponsors for offering it, but I recall a
story by the former Governor of Texas who said, ``You can put lipstick
on a sow and call it Monique, but it's still a pig,'' and this, I
contend, is a cosmetic change to this terrible bill,
H.R. 4.
{time} 1115
In my State of California,
H.R. 4 cuts out 35,000 child care slots.
This bill would restore 9,000 of those. That, as I said, is a step in
the right direction.
It is interesting to me that our colleagues keep saying why are you
criticizing
H.R. 4, it is a great bill, and then come to the floor with
25 amendments of their own to make the bill more acceptable, this being
one of them, this not being enough, because it does not restore
traditional, transitional child care services that have been proven
essential to move mothers with young children from welfare to work,
does not ensure that the additional funds it authorizes will even be
available. It only raises the authorization level, and without it being
an entitlement, the funds may never be there, and would continue to
cut, I repeat, cut child care services for more than 300,000 low-income
children in the year 2000. It would continue to pit poor parents and
their demands to children and to work to provide for those children. It
addresses the basic fundamental problem with this bill, it is weak on
work, cheats children, and rewards the rich, all of this to give a tax
break to the wealthiest Americans.
Mr. Chairman, I urge my colleagues to vote against
H.R. 4. I commend
the Members for introducing this amendment.
Mrs. JOHNSON of Connecticut. Mr. Chairman, I yield myself 15 seconds.
Mr. Chairman, I want to clarify the Record. The Deal bill sets aside
$3.5 billion. The CBO baseline estimate is $4.8 billion, for a total of
approximately $8.3 billion. With the Johnson amendment, our bill will
provide $10.5 billion for day care. So there is absolutely nothing cut.
Mr. Chairman, I yield 2 minutes to the gentlewoman from Utah [Mrs.
Waldholtz], a chief sponsor of this bill and an esteemed freshman
colleague.
Mrs. WALDHOLTZ. Mr. Chairman, I thank the gentlewoman for yielding
time to me.
Mr. Chairman, one of the greatest failings of our current welfare
system is that it forces people to choose between work and benefits.
One of the fundamental principles of this bill is that people should
be encouraged and rewarded for work, and this bill gives them that
opportunity.
But parents cannot reasonably be expected to work their way out of
dependency if while they are working their children are not safely
cared for.
The dangers of inadequate child care are obvious. And forcing low-
income parents to make a choice between welfare and work based on their
ability to afford adequate child care is cruel--and undercuts our
efforts to encourage work and promote self-sufficiency.
This amendment increases the bill's child care block grant by $750
million, so that the States can fund their own affordable child care
programs for low-income and working welfare parents.
It will help ensure safe care for our children, and help their
parents go to work and stay at work by giving them peace of mind that
their children are cared for.
I am proud to join with my colleagues in making this important
change, and I strongly urge my colleagues to support this amendment.
The CHAIRMAN. The gentleman from Washington [Mr. McDermott], has 1
minute remaining and has the right to close.
Mr. McDERMOTT. Mr. Chairman, to extend the debate I move to strike
the last word, and ask unanimous consent to merge that additional time
with the time I am presently controlling.
The CHAIRMAN. Is there objection to the request of the gentleman from
Washington?
There was no objection.
Mr. McDERMOTT. Mr. Chairman, I yield 2 minutes to the gentleman from
Georgia [Mr. Deal].
Mr. DEAL. Mr. Chairman, I thank the gentleman for yielding.
Mr. Chairman, first of all, I commend the gentlewoman who has offered
this amendment, because I think it does recognize a movement in the
right direction to correct some of the provisions of
H.R. 4. It will in
fact add back additional funds. But as I look as the scoring on this,
it appears to me that we are still talking about cutting the funding in
this category by some $600 million below current levels. I think that
is what places all of us on the horns of a dilemma in this debate about
welfare reform. On the one hand, if we are going to try to move people
off of welfare and on to work, especially is we are talking about
mothers, the availability of child care is an essential ingredient in
that formula.
If we are in fact under
H.R. 4, even with the amendment, still
cutting below current levels by $600 million, and if current levels are
not adequate to change the status quo, then we still have a problem.
Our Deal substitute, on the other hand, adds $3.7 billion additional
to the child care fund, and in addition to that we have some $424
million over a 5-year period to assist the working poor.
I think we all recognize that this is an essential ingredient in
making the transformation from welfare to work, and I commend the
gentlewoman for this effort. I think it is a movement in the right
direction. I would like to think, however, that our substitute does a
better job.
Mr. FORD. Mr. Chairman, will the gentleman yield?
Mr. DEAL. I yield to the gentleman from Tennessee.
Mr. FORD. Mr. Chairman, I want to associate myself with the remarks
made by the gentleman from Georgia [Mr. Deal] and just point out that
in the Deal bill, putting work first, you really put mothers into the
work force, and you provide additional child care dollars for those
mothers to go to work, in change from what current law would do. The
Johnson amendment would, I guess, bring about some help. It will reduce
the overall package from 400,000 to 300,000 children who will be in
need of child care, but the Deal bill provides additional resources to
ensure proper child care.
Mrs. JOHNSON of Connecticut. Mr. Chairman, I yield 1 minute to the
gentleman from Florida [Mr. Shaw], the chairman of the subcommittee and
the chief author of the welfare reform bill.
Mr. SHAW. Mr. Chairman, I thank the gentlewoman for yielding, and
compliment her on a most-needed amendment.
Mr. Chairman, we have discussed this in the subcommittee, we have
discussed this in the full committee, that the success of the jobs
program in providing real jobs in
H.R. 4 would require the necessity
for additional money to be put into child care. I would like to also
point out to the committee that under the Deal bill, the child care
provision is $8.3 billion over 5 years. That
[[Page
H3585]] is a total over 5 years. With the Johnson amendment,
H.R. 4 will be $10.5 billion.
So these are the figures. The Johnson amendment brings
H.R. 4 far
ahead of the Deal bill in the amount of money that is put into child
care. The figures are plain, the figures are there, and you cannot
argue with them.
So this bill is much richer in child care and recognizes the need for
additional child care much more than the Deal bill. I certainly would
urge all the Members to support the amendment.
Mr. McDERMOTT. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, I would just point out to the chairman of the committee
that he is mixing apples and oranges. The gentleman has taken away the
guarantee of child care.
Mr. Chairman, I yield 1 minute to the gentleman from Texas [Mr.
Stenholm].
(Mr. STENHOLM asked and was given permission to revise and extend his
remarks.)
Mr. STENHOLM. Mr. Chairman, I again want to come with one set of
figures, only to hear what I believe to be true is totally wrong. It
makes me very confused. But I do commend the gentlewoman for offering
this amendment, because in my opinion, she makes a very badly flawed
bill a little bit better. But I still believe very strongly the Deal
substitute is much better, and I believe the debate will show this.
I want to quickly recount a little conversation that I had with a
pastor in a church in my district. He said to me, ``Charlie, if you
just do one thing for me, I have five unwed mothers, teenage mothers,
in my church. If you do just one thing for me, give me the child care
money so that I can provide child care while I tell that young mother,
go back to school and get an education. I will tell her you get that
education, you make your grades, if you will just help me get the money
to take care of her child when we do it.''
That is what the Deal substitute is proposing, a workable--a workable
substitute, not what we are being offered in
H.R. 4.
Mr. Chairman, I commend the gentlewoman for seeking to make
improvements in the base bill. Unfortunately, I fear that even were her
amendment to pass, the child care provisions would be inadequate.
Therefore, I rise in opposition to the Johnson amendment which falls
far short of the child care provisions contained in Mr. Deal's
substitute.
The Deal substitute provides sufficient funding for child care to
meet the increased needs under the plan's aggressive work requirements.
H.R. 4, on the other hand, reduces child care funding $1.4 billion
below levels provided for under current law and does not ensure that
child care will be available to individuals who need it.
This amendment restores only slightly more than half of the funding
needed to maintain current law. In addition, it still does not
guarantee that funding will be available for welfare recipients who
need child care assistance to move into work.
This lack of funding for child care assistance could mean that either
welfare recipients won't move into work, or parents will be forced to
leave their children in unsafe or substandard care if they do get work.
CBO estimates that the Deal substitute will provide $3.7 billion in
child care spending to meet the increased demand for child care as more
individuals move into work. The substitute also increases child care
assistance for the working poor by $424 million over 5 years above the
baseline projections.
The Deal proposal also consolidates child care programs under a
uniform set of rules and regulations, rather than having to comply with
a patchwork of rules under different programs.
The primary source of child care assistance under the Deal
consolidated block grant would be in the form of vouchers that would be
used by parents with the child care provider of their choice. Having
worked on child care in past Congresses, I strongly believe we must
continue to support parental choice as we have in the Deal substitute.
In addition, the Deal substitute contains the most aggressive work
requirements of any bill we will consider today. We also support these
work requirements with funding for the transitional tools recipients
need to make the move from welfare to work. Child care is one of the
most important tools available for working mothers and I believe we
must provide the necessary funding to see that they are able to work.
Reluctantly, I urge opposition to the Johnson amendment and
enthusiastic support for the Deal substitute.
Mrs. JOHNSON of Connecticut. Mr. Chairman, I yield 1 minute to the
gentleman from Delaware [Mr. Castle].
Mr. CASTLE. Mr. Chairman, I thank the gentlewoman for yielding, and I
rise in very strong support of her amendment.
Mr. Chairman, I think child care is a vital function of our welfare
reform efforts. If you are going to train people, have people work, you
need to make a provision for children. But I think we should straighten
out a few facts. One, is it the welfare reform bill that we are
debating here actually has more money in it than the Deal bill as far
as child care is concerned. I say that respectfully, because I do
respect the Deal bill.
Second, a lot of welfare recipients do not even use State-supported
child care. We need to understand that issue as we debate this also.
Also the structure of all this has been criticized, the structure of
going to a block grant. I would point out a few aspects of going to a
block grant which I think help with respect to the providing of child
care.
First, it provides States maximum flexibility in developing programs
that best suit the needs of the residents. It promotes parental choice
to help parents make their own decisions on child care to best suit
their needs, and we get rid of State set-asides which gives us more
money as well. It gives us flexibility, and I support the amendment.
Mr. McDERMOTT. I yield 30 seconds to the gentleman from Michigan [Mr.
Levin].
Mr. LEVIN. Mr. Chairman, I have tried to check out the figures of the
gentlewoman from Connecticut [Mrs. Johnson] and I truly think they are
wrong. You are discussing just part of the Deal bill and not all of the
pieces that fall in place under the Deal bill. Your approach provides
less money when you take into account the whole picture than would be
the entitlement provision under Deal. The analysis is that you provide
only one-third of what is cut by
H.R. 4, and the Deal bill would keep
all of it. Those are the facts.
Mrs. JOHNSON of Connecticut. Mr. Chairman, I yield 1 minute to the
gentleman from Indiana [Mr. Roemer].
(Mr. ROEMER asked and was given permission to revise and extend his
remarks.)
Mr. ROEMER. Mr. Chairman, I rise in reluctant support of this
amendment, the Johnson-Pryce amendment. I think it is like throwing a
bucket of water into Lake Michigan. We need that bucket of water; we
need all the help we can get in child care. I wish that it was more.
We have heard countless times in our Committee on Education and
Economic Opportunities that child care is directly connected to getting
people to work. I strongly support a tougher work requirement. But we
want people moving off welfare onto the work rolls. We want them to be
good parents and good workers.
That is the way that you connect this together, by adequate funding
in child care. We do not want them to say go to work and neglect your
family, you cannot be a good parent. We want them to do both. This
amendment helps in a small way do that.
I had an amendment before the Committee on Rules that would have
allowed States to match more money into this program, but that was not
allowed.
Mr. McDERMOTT. Mr. Chairman, I yield 1 minute to the gentleman from
Texas [Mr. de la Garza.]
Mr. de la GARZA. Mr. Chairman, listening to the debate, a name burns
in my mind and in my soul. Alejandrita Hernandez, 6 years old, her
parents working in a field in Florida. She is found raped and killed
under a truck.
These were poor working people, and if you reduce by one the
availability of child care, I want it to burn in your mind, Alejandrita
Hernandez. We are talking about savings to give tax credits to the
rich. We are talking about not welfare, not revamping. We are missing
the boat altogether.
As good intentioned as all of us might be, you have not done anything
to help Alejandrita Hernandez. You cannot bring her back. But it would
burn in my mind and soul that her name would be forgotten so that we
can give tax credits to $200,000 and over.
[[Page
H3586]] Mrs. JOHNSON of Connecticut. Mr. Chairman, I yield 1
minute to the gentleman from California [Mr. Bilbray], who has had a
lot of experience in this area.
Mr. BILBRAY. Mr. Chairman, I stand here today not as a Member of
Congress, but as somebody who operated a welfare system for a county
that was larger than 30 States of the Union, San Diego County. I want
to commend my colleague from Connecticut because she shows the
awareness of the realities out there that have been ignored by the
Federal Government for too long.
I appreciate my colleague from Texas being concerned about the
tragedies that have occurred. Those tragedies have occurred, Mr.
Chairman, because of the lack of innovative approaches being allowed by
local government. This amendment will actually allow women to
participate in the child care process, to be part of the answer rather
than part of the problem. And rather than what our colleagues on the
other side of the aisle would like to do, always finance a larger,
bigger bureaucracy, this allows the recipients to be part of the
answer, to participate, to actually earn part of their benefits by
participating in child care.
Mr. Chairman, I think that the compassionate approach that our
colleagues from Connecticut have shown should entice our colleagues on
the other side to join us in this good amendment.
Parliamentary Inquiry
Mrs. JOHNSON of Connecticut. Mr. Chairman, I have a parliamentary
inquiry.
The CHAIRMAN. The gentlewoman will state it.
Mrs. JOHNSON of Connecticut. Mr. Chairman, is it not procedurally
correct that I close?
The CHAIRMAN. The gentlewoman from Connecticut is choosing to amend
the committee position. The gentleman from Washington [Mr. McDermott]
took the committee position in opposition. He has the privilege of
closing.
Mrs. JOHNSON of Connecticut. Mr. Chairman, I yield 1 minute to the
gentlewoman from Kansas [Mrs. Meyers].
{time} 1130
Mrs. MEYERS of Kansas. Mr. Chairman, I rise in strong support of this
amendment and of the whole concept of block granting.
We currently have seven different Federal programs: Child care for
AFDC, Transitional Child Care, At-Risk Child Care, Child Care
Development Block Grant, State Dependent Care Planning and Development
Grants Program, Child Development Associate Credential Scholarship
Program, Native American Family Centers Program.
This is certainly not a seamless program. There is a great deal of
bureaucracy and money spent. It is confusing to the recipients.
I strongly support the block grant and the fact that the gentlewoman
from Connecticut [Mrs. Johnson] is adding $150 million which will
provide even more, certainly, that goes to child care than we are
providing now. A great deal is lost in the confusion among the various
programs. I strongly support the Johnson amendment.
Mr. McDERMOTT. Mr. Chairman, I yield such time as he may consume to
the gentleman from Tennessee [Mr. Clement].
(Mr. CLEMENT asked and was given permission to revise and extend his
remarks.)
Mr. CLEMENT. Mr. Chairman, I rise in opposition to the Johnson
amendment.
Mr. Chairman, one of the biggest barriers to work for welfare
recipients is their inability to provide their child with safe and
affordable care while they work.
H.R. 4 will make it more difficult for single parents on welfare to
move into work than it is right now.
H.R. 4 reduces child care funding and provides no guarantee that
child care will be available to individuals who need it.
H.R. 4 as it is currently written reduces funding for child care
services $1.4 billion below the current levels.
The Johnson amendment restores more than half the cut but still
leaves funding for child care services $650 million below current
levels.
Supporters of
H.R. 4 claim that their bill has real work requirements
and that they will put people to work. If this is true, they do not
have enough money for child care and these people will not be able to
go to work.
So which is it? Is
H.R. 4 weak on work as we assert, or is it that
H.R. 4 is weak on funding for child care?
Which is it? You cannot have it both ways?
Mr. Chairman, another day of debate, another hole exposed.
Mr. McDERMOTT. Mr. Chairman, I yield myself the balance of my time.
We have talked about numbers here. The fact is that the bill that
came out of the committee, proposed by the gentlewoman from Connecticut
[Mrs. Johnson] and others, repealed $4.6 billion in child care. That,
plus the $8 million that the gentleman from Georgia [Mr. Deal] has, is
more than $12 billion, which is more money than was presently in this
bill. So there is no question.
The gentlewoman from Connecticut [Mrs. Johnson] assures us that there
is no dealing with polls here, nobody is worried about polls. Well, I
have a story from the Washington Times on the 5th of March where the
gentleman from Pennsylvania [Mr. Goodling] says, ``The only major area
of concern I have is the area of day care.''
This has been known since the 5th of March, when it was in the
committee of the gentleman from Pennsylvania [Mr. Goodling]. He did
absolutely nothing about it.
When it gets out here on the floor and the American public figures
out what it is all about, suddenly they say, in the poll, the
Republicans are cutting child care; they should not be doing that.
So we suddenly have this little fig leaf amendment. I urge that
Members vote against this fig leaf amendment and for the bill of the
gentleman from Georgia [Mr. Deal].
The CHAIRMAN. All time has expired.
The question is on the amendment offered by the gentlewoman from
Connecticut [Mrs. Johnson].
The amendment was agreed to.
The CHAIRMAN. It is now in order to consider amendment No. 15 printed
in House Report 104-85.
amendment offered by mrs. roukema
Mrs. ROUKEMA. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment offered by Mrs. Roukema: Page 114, strike line 4,
and insert the following:
``(b) Additional Requirements With Respect To Assistance
for Pregnant, Postpartum, and Breastfeeding Women, Infants,
and Children.--
``(1) Minimum amount of assistance.--The State shall
Page 114, after line 11, insert the following paragraph:
``(2) Cost containment measures regarding procurement of
infant formula--
``(A) In general.--The State shall, with respect to the
provision of food assistance to economically disadvantaged
pregnant women, postpartum women, breastfeeding women,
infants, and young children under subsection (a)(1),
establish and carry out a cost containment system for the
procurement of infant formula.
``(B) Use of amounts resulting from savings.--The State
shall use amounts available to the State as result of savings
in costs to the State from the implementation of the cost
containment system described in subparagraph (A) for the
purpose of providing the assistance described in paragraphs
(1) through (5) of subsection (a).
``(C) Annual reports.--The State shall submit to the
Secretary for each fiscal year a report containing--
``(i) a description of the cost containment system for
infant formula implemented by the State in accordance with
subparagraph (A) for such fiscal year; and
``(ii) the estimated amount of savings in costs derived by
the State in providing food assistance described in such
subparagraph under such cost containment system for such
fiscal year as compared to the amount of such savings derived
by the State under the cost containment system for the
preceding fiscal year, where appropriate.
The CHAIRMAN. Under the rule, the gentlewoman from New Jersey [Mrs.
Roukema] will be recognized for 10 minutes, and a Member in opposition
will be recognized for 10 minutes.
Mr. KILDEE. Mr. Chairman, I am mildly opposed to the amendment.
The CHAIRMAN. The gentleman from Michigan [Mr. Kildee] will be
recognized for 10 minutes.
The Chair recognizes the gentlewoman from New Jersey [Mrs. Roukema].
[[Page
H3587]] Mrs. ROUKEMA. Mr. Chairman, I yield myself such time
as I may consume.
Mr. Chairman, as you know, I am offering an amendment to
H.R. 4 that
will require States to carry out cost-containment systems for providing
infant formula to WIC participants under the family nutrition block
grant in
H.R. 4.
Mr. Chairman, this issue rightfully has been the source of
considerable debate over the past few months.
During the Opportunities Committee markup, an amendment was offered
by my colleague from Michigan [Mr. Kildee], that would have maintained
the current system of competitive bidding for infant formula for the
WIC Program. This amendment, which I supported--the only Republican to
do so--was defeated, which is why I am standing here today.
Many Members, including myself, continue to be deeply concerned that,
under the current system in
H.R. 4, which eliminates the existing
competitive bidding system for infant formula, States might no longer
choose to carry out competitive bidding.
Mr. Chairman, under current law, States are required to have infant
formula producers bid competitively for WIC contracts, or any other
cost-containment measure that yields equal to or greater savings than
those achieved under competitive bidding. And, currently, according to
the USDA, this system achieves an estimated savings of over $1 billion
annually which is used to provide WIC services to 1.6 million
economically disadvantaged pregnant women, postpartum women,
breastfeeding women, infants, and young children every month. This, of
course, is why I support retaining competitive bidding.
And, although my amendment does not mandate competitive bidding, I
believe that it takes a big step in ensuring that States achieve the
necessary savings in their infant formula program so that eligible
individuals can receive essential WIC services.
Importantly, Mr. Chairman, my amendment would require that States use
the savings achieved under this system for the purposes of carrying out
all services under this nutrition block grant--child and adult care
food, summer food, and homeless children nutrition. As a result, States
are given the flexibility to use these savings where they see the
greatest need.
Moreover, my amendment would have States report annually to the
Secretary of Agriculture on the system they are using, the savings
achieved, and how this savings compares to that of the previous fiscal
year. This is an important part of the amendment because it gives
infant formula producers the incentive to keep their bids low. Without
this safeguard, no one has to know what, if any, savings are being
achieved. Nor can we assess whether fraudulent practices are adding to
costs.
Mr. Chairman, I support the block grant approach. However, some block
grant supporters argue that States are capable of carrying out their
own cost-containment systems without Federal involvement, and that
States will continue to carry out cost-containment systems that best
serve those in need. But we should not assume that States will do the
right thing when this kind of money is at stake.
That is precisely what this amendment attempts to do, Mr. Chairman.
The Congress has an obligation--a fiduciary one--to evaluate and
monitor how Federal tax dollars are being spent.
And, I would argue against those who claim that this would be a
mandate on the States interfering with flexibility because my amendment
neither tells the State what type of cost-containment measure to
implement, nor does it tell the State how much savings to achieve.
Mr. Chairman, this is a good amendment, and a necessary one. I urge
my colleagues to support it.
This amendment would require States to carry out cost-containment
systems for infant formula included in food packages provided under the
family nutrition block grant.
The State will report to the Secretary of Agriculture on an annual
basis: the system it is using; the savings generated by this system;
and how this savings compares to previous savings under the Federal
system.
The State shall use whatever savings it achieves for the purpose of
providing services to the programs under the family nutrition block
grant.
While I am about to mention four current alternative cost-containment
systems, States are certainly not limited to these options but can
combine and/or devise new ways to contain costs.
One, multisource systems--State agencies procuring infant formula can
award contracts to the lowest bidder as well as other manufacturers
whose bids fall within a certain price range of this bid. States can
determine how big this margin should be.
Two, open market rebate systems--State agencies can negotiate
separate rebates with each infant formula manufacturer so that WIC
participants can choose between those infant formulas being offered.
These rebates do not increase a manufacturers market share nor will
choosing not to offer a rebate prevent a manufacturer from having less
shelf space.
This merely assures smaller or newer infant formula manufacturers
some access to the WIC infant formula market.
Three multistate systems--cooperative purchasing--States within a
region of the U.S. can join together under one type of rebate system to
procure infant formula.
Rebates tend to be higher in large States because in those States
there are more people which means that there will most likely be more
WIC participants and subsequently a larger market share at stake for
which infant formula manufacturers are willing to pay a higher price.
Conversely, rebates tend to be lower in smaller States because these
States have smaller populations most likely translating into fewer WIC
participants which means that the market is smaller and, subsequently,
less of an incentive for an infant formula manufacturer to offer a low
bid.
It has been suggested that, as evidenced through past multistate
systems, larger States join with other large States and that small
States join with other small States because, when they cross over,
smaller States will benefit with a higher rebate which might fall below
the rebate that the larger States were originally receiving.
Four, fixed price procurement systems--State agencies purchase infant
formula directly from the manufacturer at some type of discounted fixed
price.
The infant formula can then either be distributed by the appropriate
State agency or by the retail stores.
And, this fixed price could be determined by all three parties
involved--manufacturer, agency, and retailer.
Mr. Chairman, I reserve the balance of my time.
Mr. McDERMOTT. Mr. Chairman, to extend debate, as the designee of the
gentleman from Florida [Mr. Gibbons], I move to strike the last word
and ask unanimous consent to merge that additional time with the time
which the gentleman from Michigan [Mr. Kildee] is now controlling.
The CHAIRMAN. Is there objection to the request of the gentleman from
Washington?
There was no objection.
The CHAIRMAN. The Chair recognizes the gentleman from Michigan [Mr.
Kildee].
Mr. KILDEE. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I am very disappointed that the Committee on Rules
would not allow me to offer my amendment to require States to continue
to use competitive bidding when purchasing infant formula for the WIC
program.
That amendment would have saved $1 billion. Although I will support
probably, if I am persuaded, the amendment of the gentlewoman from New
Jersey [Mrs. Roukema], as it is well-intentioned, I am skeptical that
it will really do anything. There is a billion dollars worth of
difference between the words ``cost containment'' and ``competitive
bidding.'' A billion dollars worth of difference.
The amendment of the gentlewoman from New Jersey [Mrs. Roukema] would
require States to use cost containment measures. Prior to the enactment
of the 1989 law requiring States to use competitive bidding, States
were using a variety of cost containment measures. We found that they
just did not work. The savings were minimal.
That is why in 1989, in a true bipartisan manner with the help of
President George Bush, we enacted a law to require States to use
competitive bidding in the WIC program. We found that when we required
States to use that competitive bidding, Mr. Chairman, not mere cost
containment, that we saved $1 billion a year, $1 billion, $1 billion
that enabled 1\1/2\ million more
[[Page
H3588]] pregnant women and infants to be served each month under
the WIC program.
Many of you will say, well, the States will continue to use
competitive bidding. But only half the States were doing that before we
mandated that by law. The other half were using industry-favored cost
containment systems.
I would like to ask a question of the gentlewoman from New Jersey,
who I know is the only Republican in committee who supported my
amendment on competitive bidding.
Let us say that the State enters into a contract with one of the
infant formula companies and gets a $10,000 rebate on a $5 million
contract.
Would that qualify?
Mrs. ROUKEMA. Mr. Chairman, will the gentleman yield?
Mr. KILDEE. I yield to the gentlewoman from New Jersey.
Mrs. ROUKEMA. Mr. Chairman, I did not hear the gentleman. I could not
hear the gentleman over the din.
Mr. KILDEE. The question is, under the gentlewoman's language, if a
State entered into a contract with an infant formula company and got a
$10,000 rebate on a $5 million contract, would that qualify under the
gentlewoman's language?
Mrs. ROUKEMA. Mr. Chairman, if the gentleman will continue to yield,
if that is the cost containment program, yes. I believe that money
would then be reinvested back into the WIC program. I am sorry. WIC or
any other part of the block grant, as I explained in my opening
statement.
Mr. KILDEE. Mr. Chairman, $100,000 would qualify then, and $1 million
would certainly qualify, right? If they entered into a contract with an
infant formula company and say we will get a million dollars rebate on
a $5 million contract, a fortiori, that would qualify under the
gentlewoman's language?
Mrs. ROUKEMA. I think I am not quite sure what the gentleman is
getting at, but I think he is talking about sole-source bidding, and
maybe he is not going to make those same savings. That, of course, is
one
of the underlying reasons I supported the gentleman in committee.
We do not have all those benefits here, but this is a giant step, it
seems to me, in the right direction of exercising, maintaining the
flexibility of the States and still exercising our fiduciary
responsibility.
Mr. KILDEE. My point is that under the gentlewoman's language, a
$10,000 rebate would qualify for a $5 million contract, and a $1
million rebate would qualify under a $5 million contract. The fact of
the matter is that we would do better under a competitive bidding than
a $1 million rebate under a $5 million contract. We found that out. We
would save much more under competitive bidding.
So the gentlewoman can see the markup they have on infant formula. We
would do far more than even if we got a $1 million rebate on a $5
million contract, if we used the language I wanted to use and which the
gentlewoman supported in committee, to her great credit, competitive
bidding.
Competitive bidding saves $1 billion a year. We found that out as
soon as we enacted this in 1989. So the most generous cost containment
that could be used under the gentlewoman's language would be far less a
savings than competitive bidding. There is a $1 billion worth of
difference between cost containment and competitive bidding.
Mr. Chairman, I reserve the balance of my time.
{time} 1145
Mrs. ROUKEMA. Mr. Chairman, I yield 2 minutes to the gentleman from
Pennsylvania [Mr. Goodling], the chairman of the committee.
Mr. GOODLING. I thank the gentlewoman for yielding me the time.
I want to echo what she said because it is what I have said since day
1, that we do not believe in block grants as revenue sharing. We set
the goals and that is what she is doing. The gentleman from Michigan is
correct. Back in the old days, and it seems we cannot get beyond the
old days. But back in the olden days, States did not know all those
things. They learned all those things now. Would it not be kind of
foolish now to walk away from the opportunity of getting an extra $1
billion, or $2 billion if you can get that? So what she does is give
that flexibility to the States. I cannot imagine any State anywhere
walking away from getting the biggest amount that they can possibly
get. As I said, they have learned how to do that now. Ten years ago,
they did not know that. But they have the experience. So I think the
gentlewoman's amendment is one that should be accepted and it will go a
long way to take care of those we wish to take care in a flexible
manner that more can be served than have been served in the past. I
would hope all would support her amendment.
Mr. KILDEE. Mr. Chairman, I yield myself such time as I may consume.
I would say that I certainly would hope that we all learn from
subsequent actions. But I having served 12 years in State government
know the influence of the infant formula companies on State government.
They do various things on cost containment. They will promise the
university hospital so much infant formula. They will promise the
health department so much. They work very closely with the legislature
too.
I know that there can be other inducements not nearly as advantageous
to the taxpayers and to the women and the infants as competitive
bidding. If you think they are going to do it, why are you so reluctant
to put it into law?
The gentleman from Pennsylvania [Mr. Goodling] worked with me in
1989. He, George Bush, and the gentleman from Oregon [Mr. Wyden],
worked with me to get that language in. I think we need that language
because I know how the infant formula companies work in the various
States.
Mr. Chairman, I yield 3 minutes to the gentleman from Oregon [Mr.
Wyden].
Mr. WYDEN. I want to thank the gentleman for his good work.
Let me start by saying that I brought to the floor a can of infant
formula which costs a little bit over 30 cents a can to manufacture and
sells retail in our stores for maybe $2.70 a can. As a result of the
free enterprise system that we brought to WIC on a bipartisan basis in
1989, as my colleague has said, we get 1 billion dollars' worth of
taxpayer efficiency on this program every year.
But what I want to say to my colleagues is that after all the talk of
free enterprise that we have heard from the other side this session, as
a result of this bill, even with the Roukema amendment, we will be
going back to the old days of closed markets and backroom contracting.
We ought to note that the gentlewoman from New Jersey wanted to do
this right and to keep competitive bidding. What will happen even with
this amendment is a lot of States will not have to do sealed bids which
is the way to have real competition. We will also see the infant
formula companies going about this country offering inducements to the
States to reject competitive bidding and go with cost containment.
I would like to mention that the Federal Trade Commission, the
experts there, are alarmed not just about the negative aspects for WIC
of eliminating competitive bidding, they have written to me and they
have said that by eliminating competitive bidding, we will reduce
competition for infant formula in our stores and for the general
market.
The reason that is the case is the way these giant infant formula
companies get known is to move into the WIC market and get the public
familiar with their product.
I just say to my colleagues, particularly on the other side, let us
reinvent Government where it does not work. This is an example of a
program where free enterprise, that the parties worked on together in
1989, has worked. As a result, we are going to be eliminating
competitive bidding. That is going to take milk from the mouths of poor
infants and it is going to give cookies and cream to the infant formula
companies and that is wrong.
Mr. Chairman, I include the following for the Record.
Federal Trade Commission,
Washington, DC, March 16, 1995.
Hon. Ron Wyden,
U.S. House of Representatives,
Washington, DC.
Dear Representative Wyden: Chairman Steiger forwarded a
copy of your March 8, 1995 letter to me and asked that I
respond to your inquiries. In that letter, you indicated that
the House Economic and Education Opportunities Committee had
voted to end the competitive bidding requirement for infant
[[Page
H3589]] formula contracts that are part of the Special
Supplemental Food Program for Women, Infants and Children
(``WIC''). You also noted that three companies dominate the
infant formula industry and you pointed to a possible effect
in the general retail market from eliminating bidding
requirements in the WIC Program, namely, that it might
discourage new companies from entering the infant formula
market. In this regard, you asked that, based on our
experience in dealing with competitive issues related to the
WIC and general retail market for infant formula, we respond
to a series of questions.
I should point out that while I have not studied the
proposed legislation to which you referred, I have been
involved in lengthy litigations relating to the WIC and
general retail markets for infant formula, and I am able to
provide you with my views on the questions you have raised.
These views, of course, are my own and do not necessarily
reflect the views of the Commission or any individual
Commissioner. This response does not provide any non-public
information and, accordingly, I do not request confidential
treatment.
1. Do you believe that eliminating competitive bidding for
infant formula in the WIC market will discourage competition
in the general market for infant formula? Please explain.
I agree with your assessment that competitive bidding in
the WIC program makes entry into the infant formula market
easier. I also agree that to the extent that competitive
bidding in the WIC market is eliminated or made less likely,
then competition in the general retail market for infant
formula would be adversely affected.
The infant formula market is highly concentrated, with
three companies accounting
Amendments:
Cosponsors: