Dianne Feinstein

Mrs. FEINSTEIN

Mrs. FEINSTEIN. I move to lay that motion on the table. The motion to lay on the table was agreed to.

Mrs. FEINSTEIN. Mr. President, I call up amendment No. 2470.

Mrs. FEINSTEIN. I believe, Mr. President, that these modifications have been cleared, and are as I reported earlier.

Mrs. FEINSTEIN. Mr. President, I send a modification to amendment No. 2479 to the desk.

Mrs. FEINSTEIN. Mr. President, I suggest the absence of a quorum.

Mrs. FEINSTEIN. Mr. President, what this amendment does is essentially assures that, in those large counties or groups of counties with a population greater than 500,000, that there be provision, with permission of the State--this is the modification in the amendment-- that the money, the block grant, go directly to the county. So we have modified the amendment from its original presentation. My understanding is that it is agreeable to both sides. The purpose of the amendment is, really, so many of the innovative demonstration projects that are initiated by counties, which I pointed out in my opening remarks on this amendment, can go ahead without an additional element of bureaucracy. Again, the State would have to approve this, but for those counties that do their own administration, this would continue to be the case.

Mrs. FEINSTEIN. Mr. President, I ask unanimous consent that reading of the amendment be dispensed with.

Mrs. FEINSTEIN. Mr. President, I call up amendment No. 2479.

Mrs. FEINSTEIN. That is correct.

Mrs. FEINSTEIN

Mrs. FEINSTEIN. Mr. President, I ask for the yeas and nays and for the vote to be set in the order of voting.

Mrs. FEINSTEIN. Mr. President, under present law, deeming only applies to cash programs, AFDC, SSI and food stamps. Without this amendment, there is a massive cost shift, particularly to four States: New York, Texas, Florida and California. That cost shift is literally hundreds of millions of dollars because it means that legal immigrants presently in this country today would not have access to Medicaid, to Head Start, to child protective services, to foster care, to any of those noncash programs. Who would have to pick it up? The State or the local jurisdictions. It is a massive cost shift for four major States. I yield the floor.

Mrs. FEINSTEIN. I thank the Chair. Mr. President, the bill, as presently drafted, would deny cash and noncash welfare benefits to naturalized citizens. The Constitution of the United States provides for one class of citizens, and the only place it diverges is with respect to the President of the United States. In every other case, a naturalized citizen is as good as a native- born citizen. I believe it is extraordinarily important that this amendment be adopted. It is supported by the American Bar Association, by the Governor's conference, by the State legislatures, by Mayor Giuliani, by Mayor Riordan of Los Angeles, by virtually a whole host of organizations. It would be my hope that in this bill we do not, for the first time in American history, create two classes of American citizens.

Mrs. FEINSTEIN. Mr. President, I ask unanimous consent that Senator Kennedy be added as a cosponsor.

Mrs. FEINSTEIN. Mr. President, to the managing Senator, the amendment I call up is amendment No. 2478.

Mrs. FEINSTEIN. Mr. President, I ask unanimous consent reading of the amendment be dispensed with.

Mrs. FEINSTEIN. That is fine.

Mrs. FEINSTEIN. That is correct.

Mrs. FEINSTEIN. There are two amendments.

Mrs. FEINSTEIN. Mr. President, I believe I need a very short time for my amendment. I believe Senator Simpson would like to speak on the deeming amendment for 10 minutes, and it would be agreeable to have 10 minutes on my side on that amendment. On the other amendment, 10 minutes is enough. Senator Kennedy would like to speak on the deeming amendment as well.

Mrs. FEINSTEIN. Mr. President, this amendment strikes the language in the Dole bill which precludes a naturalized citizen from obtaining at any time any cash or noncash welfare benefit. The language in this bill, as presently drafted, is the first time in the history of the United States that naturalized citizens would be treated differently than native-born citizens. The Constitution of the United States says that there is only one instance where there is a difference between the two; that is, one who seeks the Presidency of the United States. My mother became a naturalized citizen. My mother had very little formal education. She had difficulty reading and writing. She had to take the test three times before she became a citizen. I have to say the day she was naturalized she was prouder than any time in her life that I can remember. It meant a great deal because she was as good as any American citizen in her eyes. That is a very big thing. The amendment I am proposing is supported by the Department of Justice. I ask unanimous consent that a letter to Senator Kennedy from Justice, pointing out serious concerns about section 204's constitutionality as applied to naturalized citizens, be printed in the Record at the conclusion of my remarks.

Mrs. FEINSTEIN. Mr. President, I ask unanimous consent to add Senators Simon, Kohl, and Graham as cosponsors.

Mrs. FEINSTEIN. Mr. President, I ask for the yeas and nays.

Mrs. FEINSTEIN. Mr. President, do I have any time remaining?

Mrs. FEINSTEIN. The county or the State would have to find a way. It is a cost shift.

Mrs. FEINSTEIN. I certainly agree with the Senator from Massachusetts. I think particularly the public hospitals in the urban centers are going to be whacked in the head unless this amendment is adopted, because a large percentage of patients comprise this population and there would be no reimbursements, no Medicaid.