Welfare Reauthorization: A Side-by-Side Comparison of Current Law and Pending Welfare Reauthorization Proposals
CRS Report for Congress
Welfare Reauthorization:
A Side-By-Side Comparison of
Current Law and Pending Welfare
Reauthorization Proposals
Updated December 5, 2005
Gene Falk, Melinda Gish, Carmen Solomon-Fears, Emilie Stoltzfus
Specialists in Social Legislation
Domestic Social Policy Division
Congressional Research Service ˜ The Library of Congress
Welfare Reauthorization:
A Side-By-Side Comparison of Current Law
and Pending Welfare Reauthorization Proposals
Summary
The 109th Congress is considering legislation to reauthorize and amend
programs that were created or revised in the 1996 welfare reform law. Early in 2005,
the Senate Committees on Finance and Health, Education, Labor, and Pensions
(HELP) reported their welfare reauthorization legislation (respectively, S. 667 and
S. 525). These bills have yet to see floor action and remain pending in the Senate.
The House passed welfare reauthorization as part of its spending budget
reconciliation bill (the House-passed version of S. 1932). The Senate-passed
spending reconciliation bill does not include welfare reauthorization provisions.
Both the Senate Finance Committee bill and the House reconciliation bill would
reauthorize through FY2010 and revise the block grant of Temporary Assistance for
Needy Families (TANF). They both revise TANF work participation standards
aimed to require more families on the welfare rolls to work or participate in job
preparation activities. The Senate committee bill would allow a broad range of
activities engaged in by recipients to count toward meeting these standards, while the
House bill would narrow the focus of activities to work or “workfare” outside of a
four-month period. Both the Senate committee and House reconciliation bills also
would establish $200 million per year in grants to promote “healthy” marriages.
Both the Senate committee and House reconciliation bills would extend and
increase funding for mandatory child care, though the size of the funding increase is
a major difference between the two proposals — $6 billion over five years in the
Senate committee bill and $0.5 billion over five years in the House bill. Both would
also reauthorize the Child Care and Development Block Grant (CCDBG), increasing
its authorization to $3.1 billion by FY2010, and would revise CCDBG rules,
including those related to making school-readiness a program goal and increasing the
percentage of funds to improve the quality of child care.
Both the Senate committee and House reconciliation bills would revise the
Child Support Enforcement program to provide financing options for states to pay
more collected child support to families on TANF or who have left the rolls.
(Generally, federal and state governments keep child support collected for TANF
families as reimbursement for their welfare costs.) The Senate committee bill would
provide partial federal funding for child support passed through to families — up to
$400 per month for one child and $600 per month for two or more children. The
House bill would provide partial federal funding to states that increase the amount
of passed-through child support. The House reconciliation bill also would reduce
federal funding to the states to operate their child support programs. Both Senate
committee and House bills would also establish “responsible fatherhood” programs
to fund activities to increase the participation of noncustodial parents in their
children’s lives. The Senate committee bill would provide $50 million per year in
mandatory funding (and authorize another $26 million per year); the House
reconciliation bill would authorize (but not provide funding) for up to $20 million
per year. This report will be updated as needed.
Contents
In troduction ......................................................1
Summary of Similarities and Differences in the Bills......................2
Temporary Assistance for Needy Families Block Grant................3
TANF Funding Provisions...................................3
Uses of Grants and Program Requirements......................5
Work Requirements........................................6
Marriage Promotion Grants and Family Formation Issues..........8
Child Care...................................................9
Discretionary Authorization..................................9
Mandatory Appropriation...................................9
Authority to Transfer TANF Funds...........................10
Use of Funds for Direct Services.............................10
Option to Use Excess Funds for Increasing Payment Rates........10
Quality Set-Aside.........................................10
Definition of “Quality Activities”............................10
Eligibility ...............................................10
State Plan Requirements...................................11
Data Collection and Reporting Requirements...................11
Waivers in Response to Gulf Hurricanes.......................11
Other Provisions.........................................12
Responsible Fatherhood........................................12
Child Support Enforcement.....................................14
Services ................................................14
Enforcement Techniques...................................14
Financing ...............................................15
S. 667 and House Budget Reconciliation Bill:
Major Provisions Related to Child Support Enforcement......15
Other Programs..............................................19
Detailed Comparison of Senate Committee Bills
and the House Budget Reconciliation Bill..........................20
Temporary Assistance for Needy Families (TANF) Block Grant........21
Findings and Goals and Purposes of TANF.....................21
TANF Financing Provisions................................22
Use of Funds............................................30
Work Participation Requirements and Standards................33
Other Requirements with Respect to Families
Receiving Assistance..................................51
Marriage Promotion.......................................54
State Plans, Data Reporting, Research (Other than
Marriage Promotion) and Other Provisions.................60
Child Care ..................................................74
Overview, Goals and Administration.........................74
Funding ................................................75
Application and plan......................................77
Use of Funds............................................81
Report by the HHS Secretary................................83
Eligibility ...............................................85
Reports and audits from States to HHS........................85
Other Child Care Provisions................................86
Responsible Fatherhood Program................................88
Findings ................................................88
Responsible Fatherhood Program............................88
Summary of the Responsible Fatherhood Program...............88
Prohibitions .............................................92
Funding ................................................93
Child Support Enforcement (CSE) Program........................94
Assignment and Distribution of Child Support for
TANF and Former TANF Families.......................94
Enforcement Provisions....................................98
Financing Provisions.....................................106
Other Child Support Provisions.............................110
Child Welfare...............................................113
Child welfare waivers....................................113
Other Child Welfare Provisions.............................116
Transitional Medical Assistance (TMA)..........................119
Extension of Program Authority............................119
Revision of TMA rules...................................119
Supplemental Security Income.................................121
Review of Disability Determinations.........................121
SSI Eligibility for Asylees, Refugees, and
Certain Other Noncitizens.............................121
Payment of Lump-Sum Benefit Installments under SSI..........121
Abstinence Education State Grant Program........................121
Extension of Program Funding.............................121
Social Services Block Grant...................................122
Funding ...............................................122
Program Integration Waivers (“Superwaiver”).....................122
Authority for Program Integration Waivers....................122
Covered Programs.......................................123
General Requirements that Cannot Be Waived.................124
Program-Specific Requirements that Cannot Be Waived.........125
Application and Approval Process...........................125
Cost Neutrality..........................................127
Limitation ..............................................127
Evaluation Requirements..................................127
Reports ................................................127
Table 1. Welfare Reauthorization Provisions Included in
Senate Committee Bills and House Budget Reconciliation Bill..........2
Table 2. Comparison of Current Law with S. 667/525
and the House Budget Reconciliation Bill Welfare Provisions..........21
Acknowledgments
This report benefitted from the contribution of Scott Szymendera of the
Domestic Social Policy Division.
Welfare Reauthorization: A Side-By-Side
Comparison of Current Law, and Pending
Welfare Reauthorization Proposals
Introduction
The 109th Congress is considering legislation to reauthorize and amend1
programs that were created or revised in the 1996 welfare reform law. Early in the
109th Congress, the Senate Finance and Health, Education, Labor, and Pensions
Committees approved and reported their welfare reauthorization legislation
(respectively, S. 667 and S. 525). Neither bill has yet seen action in the full Senate.
In the House, a welfare reauthorization proposal (H.R. 240), introduced by the House
Republican Leadership, has also failed to reach the floor.
On November 18, 2005, the House passed its budget reconciliation bill (S.
1932), which includes welfare reauthorization legislation similar to that which passed
the House in 2002 and 2003. (The House-passed version of S. 1932 is H.R. 4241 as
amended and approved by the House.) Welfare reauthorization legislation was not
included in the Senate-passed reconciliation bill.
This report compares the welfare reauthorization policies proposed in the Senate
committee bills with those included in the House-passed budget reconciliation bill.
It is not a comparison of welfare provisions in the House and Senate reconciliation
bills. (Such a comparison, which displays House-passed welfare provisions with
corresponding “No Provision” entries for the Senate-passed version of reconciliation,
is available from the Congressional Research Service upon request.)
The original funding authority for the block grant of Temporary Assistance for
Needy Families (TANF), the Child Care and Development Block Grant (CCDBG),
abstinence education, and transitional medical assistance (TMA) under Medicaid
expired on September 30, 2002. Funding and program authority for TANF,
mandatory child care, abstinence education, and TMA have been continued by
special temporary extension legislation since then, with the latest extension set to
expire on December 31, 2005. CCDBG discretionary funding has been provided,
absent authorization, in annual appropriation bills. Also included in “welfare
reauthorization” legislation have been initiatives to create a responsible fatherhood
grant program, revise the Child Support Enforcement program, amend child welfare
1 For a discussion of issues in reauthorizing welfare programs, see CRS Issue Brief IB10140
Welfare Reauthorization, Overview of the Issues, by Gene Falk, et al. Updated regularly.
programs, and make some changes to Supplemental Security Income, as well as
create new “superwaiver” authority.
Summary of Similarities and Differences in the Bills
Most of the welfare reauthorization provisions approved early in 2005 have
counterparts in the House budget reconciliation bill. There are notable exceptions.
S. 667 (the Finance Committee bill) would extend the abstinence education state
grant program and revise and extend TMA through FY2010, whereas the House
budget reconciliation bill includes none of those provisions. Further, the House
reconciliation bill, unlike the Senate committee bills or the earlier House Republican
Leadership welfare reauthorization bill (H.R. 240), includes some additional
provisions that would reduce spending, including proposals to reduce federal
matching funds for state Child Support Enforcement programs and to revise foster
care and adoption assistance eligibility rules to negate a court ruling that expanded
eligibility for these programs in certain states.
Table 1 summarizes what provisions are included in the Senate committee bills
and the House reconciliation bill. Note that when provisions are included in both,
they still may differ significantly in their details. These differences are the subject
of the remainder of this report.
Table 1. Welfare Reauthorization Provisions Included
in Senate Committee Bills and House Budget Reconciliation Bill
Senate-CommitteeHouse Budget
ProvisionApproved LegislationReconciliation Bill
Extend TANF fundingYes — S. 667.Yes.
through FY2005
Revise TANF WorkYes — S. 667.Yes.
Requirements
Establish “MarriageYes — S. 667.Yes.
Promotion Grants” within
TANF
Increase Mandatory ChildYes — S. 667 increasesYes — $0.5 billion
Care Fundingmandatory child careincrease over five years.
funding by $6 billion over
five years.
Reauthorize and amendYes — S. 525.Yes.
the Child Care and
Development Block Grant
Establish “ResponsibleYes — S. 667.Yes.
Fatherhood” programs.
Senate-CommitteeHouse Budget
ProvisionApproved LegislationReconciliation Bill
Increase amount of childYes — S. 667.Yes.
support passed-through to
families receiving TANF.
Reduce the federal shareNo.Yes.
of funding for state child
support programs.
Extend and revise childYes — S. 667.Yes.
welfare demonstration
authority
Revise eligibility rules forNo.Yes.
foster care and adoption
assistance.
Extend abstinenceYes — S. 667.No.
education state grants
through FY2010.
Extend transitionalYes — S. 667.No.
medical assistance (TMA)
for families that leave
welfare for work.
Program integrationYes — S. 667.Yes.
waivers (“Superwaiver”)
Source: Congressional Research Service (CRS).
Temporary Assistance for Needy Families Block Grant
The Senate-committee and House welfare reauthorization proposals have many
similarities, with both extending basic TANF funding at current levels through
FY2010 and incorporating President Bush’s proposal to provide categorical
“marriage promotion” grants.2 Both bills also raise TANF work participation
standards, though the two differ in terms of how much more work would be required
and what activities count toward the participation standards.
TANF Funding Provisions. Both the Senate-committee and House bills
have very similar funding provisions, although they do differ in some details. The
2 The House budget reconciliation bill is organized by Titles reflecting each House
committee’s legislative change. TANF changes are found both in Title II, from the
Education and Workforce Committee, and Title VIII of the bill, from the Ways and Means
Committee. The two committees share jurisdiction over the TANF work requirements. In
most respects, the committees reported identical legislative language amending TANF work
requirements. The difference in the two committee’s proposals — reflecting a new
requirement that parents visit schools in the Education and Workforce provisions — is noted
in Table 2.
major differences between the two proposals are in the contingency fund and
bonuses.
Basic Funding. The 1996 welfare reform law (P.L. 104-193) entitled states
to a basic TANF block grant equal to peak expenditures in the pre-1996 welfare
programs during the FY1992 to FY1995 period. It also established a maintenance
of effort (MOE) requirement that states continue to spend at least 75% (80% if a state
failed TANF work participation requirements) of what they spent in these programs
in FY1994. Cash welfare caseloads were at their peak in the mid-1990s; both the
basic TANF grant and the MOE are legislatively fixed: they did not change when
cash welfare caseloads declined in the mid- and late-1990s, nor did they increase
when caseloads in some states increased during the recent economic slump. Neither
the basic TANF block grant nor the MOE has been adjusted for inflation.
Both the Senate-committee and House proposals would continue both the basic
block grant and the MOE at their current funding levels (without inflation or caseload
adjustment) through FY2010.
Supplemental Grants. During the consideration of legislation that led to the
1996 welfare law, fixed funding based on historical expenditures was thought to
disadvantage two groups of states: (1) those that experience relatively high
population growth; and (2) those that had historically low grant levels relative to
poverty in the state. Therefore, additional funding in the form of supplemental grants
was provided to states that met criteria of high population growth and/or low historic
grants per poor person. Supplemental grants have been provided to 17 states:
Alabama, Alaska, Arizona, Arkansas, Colorado, Florida, Georgia, Idaho, Louisiana,
Mississippi, Montana, New Mexico, Nevada, North Carolina, Tennessee, Texas, and
Utah.
Currently, supplemental grants total $319 million per year. Both the Senate and
House proposals would continue supplemental grants for the same 17 states at the
current funding level through FY2009 (unlike other grants, which expire in
FY2010).
Contingency Funds. The fixed basic grant under TANF also led to concerns
of inadequate funding during economic downturns. TANF includes a contingency
fund, which is designed to provide extra matching grants to states that meet criteria
of economic need (based on unemployment rates and food stamp caseloads) and have
state expenditures in excess of their FY1994 level.
The two bills differ substantially in their proposed revisions to the TANF
contingency fund. The House budget reconciliation bill would continue the fund
under existing rules, with some relatively minor modifications: allowing some
additional state spending to count toward meeting the FY1994 funding level
threshold and modifications to increase grants for states that qualify for funds for
only part of the year.
The Senate Finance Committee proposal fully revamps the contingency fund.
It would eliminate the requirement that states increase expenditures from their own
funds above the regular TANF MOE level and would eliminate the matching
requirements. Instead, it requires that unspent TANF balances be below a certain
threshold to qualify for contingency funds. The Senate committee proposal would
base contingency grants on a portion of the estimated cost of increased cash
assistance caseloads. It also would revise the criteria of economic need for a state.
Bonus Funds. Current TANF law provides “bonus funds” to states that rank
high on a set of outcomes that seek to measure whether they are achieving the block
grant’s goals. It has a “High Performance Bonus” of $200 million per year for states
that rank high in achieving employment and certain other outcomes, as well as a
second $100 million per year bonus paid to the five states with the greatest reduction
in out-of-wedlock birth ratios that also have a decline in abortions.
The Senate Finance Committee bill scales back bonuses, by eliminating the
$100 million per year bonus for reductions in out-of-wedlock births, and reducing
and refocusing the “High Performance Bonus” on employment outcomes. Funding
reductions are used to “pay for” grants to promote healthy marriages and responsible
fatherhood initiatives (see a discussion of these initiatives, below). The House
budget reconciliation bill eliminates both TANF bonuses, in part to pay for grants to
promote healthy marriage and in part achieving budget reductions.
Uses of Grants and Program Requirements. Federal TANF grants and
MOE funds can be used for a wide range of benefits, services, and activities to assist
low-income families with children and to further TANF goals of reducing
out-of-wedlock births and promoting two-parent families. TANF grants can also be
transferred to other block grant programs: up to 30% of the grant can be transferred
to the Child Care and Development Fund (CCDF) and to the Social Services Block
Grant. The limit on transfers to SSBG alone is set at 4.25% (though annual
appropriations have restored the SSBG transfer limit to its original limit of 10% set
in the 1996 welfare law). Within the overall 30% limit, federal TANF funds may
also be used as the state match for federal reverse commuter grants if the program
benefits welfare families.
Both bills would set the SSBG transfer limit permanently at 10%. The House
budget reconciliation bill would raise the overall transfer limit to 50%; the Senate
Finance Committee proposal would retain the current 30% transfer limit.
Both bills include provisions to ease some rules regarding use of TANF funds.
Both House and Senate committee bills would:
!Allow states to use carryover TANF funds for any TANF benefit and
service. Current law restricts the use of carryover funds for the
provision of “assistance.”
!Narrow the definition of “assistance” to exclude all child care and
transportation aid. TANF funds spent on assistance trigger certain
program requirements, such as work requirements, time limits,
assignment of child support payments, and data reporting. Under
current regulations, child care and transportation aid for nonworking
families is counted as assistance and triggers these requirements.
The bills would eliminate such aid from the definition of
“assistance,” freeing from these requirements nonworking families
that receive only child care or transportation aid.
Work Requirements. Both the Senate Finance Committee bill and the House
budget reconciliation bill incorporate the Bush Administration’s “universal
engagement” proposal, which requires states to develop a self-sufficiency plan for all
TANF adult recipients to monitor progress toward that plan. The House budget
reconciliation bill also requires states to end benefits (“full family sanction”) for
families that fail to comply with work participation rules.
Both the Senate Finance Committee bill and House budget reconciliation bill
would substantially revise TANF work participation standards. Both bills would
raise work participation standards that states must meet from the current law’s
standard of 50% to 70%, raise the required hours of working to receive full credit and
provide partial credit for participating families that do not meet the full credit
standard, and revise the list of activities that recipients may participate in for states
to receive credit toward TANF standards. However, the bills differ in how they do
these three things.
Participation Standards. Current law requires states to have a specified
percentage of their families with an adult recipient (or minor head of household)
participating in creditable work activities. The current participation standard is 50%.
States are subject to an additional participation rate standard for two-parent families,
currently 90%. The participation rate standards may be reduced for caseload
reductions (not attributable to policy changes) that occurred since enactment of
welfare reform (FY1995). This “caseload reduction credit” has had a large effect on
participation standards, reducing the standard considerably from its statutory rate.
In FY2003, the standard was reduced to 0% for 20 states.
Both the Senate Finance Committee bill and the House budget reconciliation bill
would raise the work participation standard for all families to 70% by FY2010, and
eliminate the separate standard for two-parent families. Both bills would also change
the credits that reduce these standards from their statutory rate (i.e., reduce the 70%
standard to a lower rate), but they do so in different ways. The House bill would
retain, but revise, the current law caseload reduction credit so that caseload change
would be measured from a more recent year (rather than the pre-welfare reform
caseload level of 1995). Ultimately, caseload reduction would be measured based
on the most recent four years. The House bill also includes a provision to give an
additional credit to states that achieved a caseload reduction of 60% or more from
FY1995 to FY2001.
The Senate Finance Committee bill retains the current caseload reduction credit
for FY2006 and FY2007, but beginning in FY2008 would replace the caseload
reduction credit with a credit for employed welfare leavers. The bill would also cap
all credits against the participation standard, so that the minimum effective standard
would be 10% in FY2006, 20% in FY2007, 30% in FY2008, 40% in FY2009, and
Hours Standards. Current law requires that a family be considered
participating only if it participates for a minimum number of hours per week in a
month. Under current law, 20 hours are required for single parents with a pre-school
child (under the age of 6), and 30 hours are required for other families. Higher hours
are set for the purposes of the two-parent work participation rate.
Both the Senate Finance Committee bill and the House budget reconciliation bill
raise the hours standards. The House bill incorporates a 40-hour workweek standard
for full credit, but would also provide “partial” credit for families with at least 24
hours of participation. No special lower-hour standard would be provided for single
parents with preschoolers.
The Senate Finance Committee bill also raises the hours standard for full credit,
but to a lesser extent than proposed in the House bill. Single parents with a
pre-school child would be given full credit for participation at 24 hours per week, and
other single-parent families would be given full credit at 34 hours per week. Partial
credit for single parent families would be provided at 20 hours per week. Higher
hours requirements would apply to two-parent families.
Creditable Activities. Current law lists 12 activities that may be counted
toward TANF work participation standards. The bulk of countable participation is
in a subset of “core” activities focused on work, time-limited job search (countable
for six weeks in a fiscal year, 12 weeks if criteria of economic need are met),
time-limited vocational educational training (12 months in a lifetime), and
community service and work experience. In meeting the general 30-hour-per-week
standard, hours in educational activities are countable only for families who are also
participating in at least 20 hours per week of “core” activities. Post-secondary
education, other than that considered “vocational educational training,” does not
count toward current law federal TANF work participation standards.
The House budget reconciliation bill and the Senate Finance Committee bill
differ significantly on the types of activities that are countable as core activities
toward the participation standards. The House bill narrows the list of core activities
by eliminating job search and vocational education. Instead, the bill would give
states almost total discretion to define activities that would be countable for three
months in a 24-month period (four months to complete training), but once those
months are exhausted, the only activities that would count toward the “core” work
participation standards are work, on-the-job training, community service, or work
experience. Moreover, since job search and vocational education would be countable
as sole or primary activities only during the three (or four) months that the state
would have discretion, any weeks of participation in job search reduce the number
of weeks that vocational education counts toward the participation standards.
On the other hand, the Senate Finance Committee bill retains the current law list
of core activities. It too provides states additional discretion by permitting states to
count an expanded list of activities for three months in a 24-month period (longer for
rehabilitative activities). However, this additional discretion is provided in addition
to, rather than instead of, six weeks of job search and 12 months of vocational
educational training, which are retained as “core” activities.
Both the House budget reconciliation bill and the Senate Finance Committee bill
would give states additional discretion in defining activities countable once a family
has met the “core” work requirement (generally, 24 hours per week in core activities).
The House bill would allow states to define activities for families with at least 24
hours in core activities; the Senate Finance Committee bill would allow states to
count an expanded set of activities for single-parent families with at least 24 hours
per week in core activities.
The Senate Finance Committee proposal includes some additional options for
counting participation in activities toward TANF work standards. It would allow
states to have up to 10% of their caseload enrolled in a special program of two- or
four-year undergraduate education or vocational educational training. This program
is modeled after the “Parents as Scholars” program that has operated in Maine using
TANF MOE funds. It also allows for participation in rehabilitative activities for
disabled persons (including treatment of drug and alcohol abuse) if they combine
rehabilitation with at least 10 hours of “core” activities and if the state develops a
collaborative relationship between agencies and entities providing rehabilitative
services and the state TANF agency. Additionally, the Senate Finance Committee
bill allows caring for a disabled family member to count as a work activity under
certain circumstances.
Marriage Promotion Grants and Family Formation Issues. Current
law allows states to use TANF funds for any activity “reasonably calculated” to
achieve a TANF purpose. One of the statutory purposes of TANF is to end
dependency of needy parents on government benefits, and one of the stated means
to end such dependency is “marriage.” Another of the statutory purposes of TANF
is to promote the formation and maintenance of two-parent families. “Promoting
marriage” is a currently allowable use of TANF funds.
Both the Senate Finance Committee and House budget reconciliation bills
would carve out special “marriage promotion grants” from existing TANF funding.
Both bills include $100 million in competitively awarded matching funds for states,
territories, and tribes for marriage promotion activities. The bills would allow states
to use other federal TANF funds or state funds as the match for these new marriage
promotion grants.
Both bills also would provide an additional $100 million for research and
demonstrations. The House budget reconciliation bill would require that these funds
be used “primarily” for marriage promotion; the Senate Finance Committee bill
would require that 80% of these funds be used for marriage promotion.
Marriage promotion activities listed in both bills are: public advertising
campaigns on the value of marriage and skills needed to increase marital stability and
health; education in high schools on the value of marriage; marriage education and
marriage and relationship skills programs for nonmarried parents or expectant
parents; pre-marital education on marriage for engaged couples; marriage
enhancement and marriage skills training for married couples; divorce education
programs; and marriage mentoring programs. Programs to reduce the disincentives
to marriage in need-based programs could be funded from these grants only if offered
in conjunction with other marriage activities.
Both bills have requirements that grantees of marriage promotion grants
consider domestic violence issues and that participation in marriage promotion
activities be voluntary. The Senate committee bill also includes a prohibition (not
in the House bill) against states sanctioning families receiving TANF assistance for
not participating in marriage promotion activities.
Child Care
While the House budget reconciliation legislation consolidates a package of
provisions embodying “child care reauthorization” in a single bill3, at this point, on
the Senate side, reauthorization provisions remain divided between the two bills, S.
passed bill (S. 667) contains the proposed mandatory funding appropriation for Child
Care and Development Block Grant (CCDBG) programs, while the HELP
Committee-passed bill (S. 525) includes proposed discretionary funding
authorization, and all provisions relating to the reauthorization of the CCDBG Act.
Therefore, in the child care section of Table 2, most provisions in the Senate column
are drawn from S. 525, with the notable exception of the mandatory (or
“entitlement”) funding provision, which falls under the Finance Committee’s
jurisdiction, and is therefore included in S. 667. A summary of provisions included
in both the House bill and Senate committee legislation follows, with more detail
found in Table 2.
Discretionary Authorization. The discretionary portion of child care
funding is authorized by the Child Care and Development Block Grant Act (as
amended in 1996). Under current law, discretionary CCDBG funding is authorized
at $1 billion annually. However, actual appropriation levels, determined during the
annual appropriations process, have exceeded the authorized level (e.g., FY2005 =
$2.1 billion). Both the House budget reconciliation bill and S. 525 propose to
authorize discretionary funding at $2.3 billion in FY2006, rising by $200 million
each year, up to $3.1 billion in FY2010.
Mandatory Appropriation. Mandatory funding for the CCDBG was
preappropriated in Section 418 of the Social Security Act for FY1997-2002, as part
of the welfare law of 1996 (P.L. 104-193). A series of temporary extensions have
continued that funding at the FY2002 rate of $2.717 billion since the close of
FY2002. (The most recent extension runs through December 31, 2005.)
The House budget reconciliation bill proposes to increase mandatory child care
funding by $500 million over five years (FY2006- FY2010), appropriating $2.917
billion for FY2006, $2.767 billion for FY2007, $2.817 billion for FY2008, $2.867
billion for FY2009, and $2.917 billion for FY2010. (This reflects half of the $1
billion increase that had earlier been proposed in H.R. 240.) The Senate committee
bill, S. 667, proposes to increase mandatory funding by $6 billion over five years
3 Child care provisions submitted to the House Budget Committee by the Committee on
Ways and Means (i.e. the mandatory child care funding provisions) are found in title VIII
of the budget reconciliation bill whereas provisions recommended by the Committee on
Education and the Workforce (i.e. amendments to the CCDBG Act) are found in Title II.
(FY2006-FY2010), appropriating $3.617 billion for FY2006; $3.717 billion for
FY2007; $3.917 billion for FY2008; $4.017 billion for FY2009; and $4.317 billion
for FY2010. Puerto Rico would receive $75 million of the $6 billion, whereas under
current law (as well as the House bill), Puerto Rico receives no mandatory child care
funding.
Authority to Transfer TANF Funds. Under current law, states have the
authority to transfer up to 30% of their annual TANF block grant to the CCDBG
(only 20% if they choose to transfer 10% to the Social Services Block Grant). S. 667
would maintain current law, whereas the House bill would allow states to transfer up
to 50% of their annual TANF grants to the CCDBG.
Use of Funds for Direct Services. Current law includes no provision
requiring a given percentage of funds appropriated under the CCDBG Act to be spent
on direct services. S. 525 would require that after the reservation of set-asides, at
least 70% of the funds remaining be used to fund direct services (as defined by the
state). The House bill has no comparable provision.
Option to Use Excess Funds for Increasing Payment Rates. S. 525
would allow states that receive funding above their FY2005 levels to use a portion
of the excess to support payment rate increases for providers and to establish tiered
payment rates. On a related note, the bill (S. 525) would also add to the statute
stricter requirements to set payment rates in accordance with biennial market rate
surveys.
Quality Set-Aside. Current law requires that at least 4% of each state’s total
CCDBG expenditures (from all sources — e.g., mandatory, discretionary, matching
funds) be used for quality activities, described as providing comprehensive consumer
education to parents and the public, activities that increase parental choice, and
activities designed to improve the quality and availability of child care in the state.
Both the House budget reconciliation bill and the HELP Committee’s S. 525
would raise the percentage of CCDBG funds that must be spent for quality activities
to a minimum of 6%.
Definition of “Quality Activities”. Both bills provide greater detail than
current law in terms of defining what is classified as a “quality activity.” In each,
categories of activities are outlined to include school readiness activities (including
activities to enhance early literacy); training and professional development for staff;
and initiatives or programs to promote or increase retention of qualified staff. The
categories reflect a new emphasis on school readiness as a goal of the CCDBG. The
Senate committee bill (S. 525) also specifies that quality funds could be spent on
evaluating and assessing the quality of programs, and their effectiveness in improving
overall school preparedness. While S. 525 clearly states that quality funds must be
spent for any of the six listed purposes, the House bill provides three broad
categories, similar in topic to those in S. 525, with a fourth, more general category
of “other activities as approved by the state.”
Eligibility. Federal law currently requires that children eligible for services
under the CCDBG must have family income that does not exceed 85% of the state
median (for a family of that size). However, states have the discretion to adopt
income eligibility limits below this federal maximum. Both the House budget
reconciliation bill and S. 525 propose to eliminate the federal maximum of 85% of
state median income (SMI) from the CCDBG law, replacing it with a provision
allowing states to set income eligibility levels (with no federal ceiling), with priorities
based on need.
State Plan Requirements. Under current CCDBG law, states are required
to submit plans every two years, certifying that their CCDBG programs include
specified elements addressing areas such as parental choice, parental access,
consumer education, licensing, and health and safety requirements.
Both the House budget reconciliation bill and the HELP Committee’s S. 525
would amend current law to require that additional elements be certified in their state
plans. Areas that would be modified or added relate to providing consumer
education information; describing or demonstrating state coordination of child care
services with other early childhood education programs; certifying compliance with
the quality set-aside percentage requirement; and addressing special needs child care.
Unlike the House bill, S. 525 includes provisions requiring that in their state
plans, states demonstrate that the process for redetermining eligibility occur no more
frequently than every six months (with limited exceptions), and also that the state
plan describe any training requirements in effect for child care providers. The Senate
committee bill would also put into statute the requirement that the provider payment
rates, described in the state plan, be set in accordance with a statistically valid and
reliable biennial survey of market rates (without reducing the number of families
served). State plans would also be required to include the results of those surveys
and to contain a description of how the state will provide for timely payment to
providers. Results of the survey would also be required to be made available to the
public no later than 30 days after the survey’s completion.
Data Collection and Reporting Requirements. Current law specifies a
set of data reporting requirements for states to collect in the administration of their
CCDBG programs. States collect data on a monthly basis and submit to the
Department of Health and Human Services (HHS) disaggregated data on a quarterly
basis. An aggregate report is required to be submitted to HHS on an annual basis.
S. 525 would retain the quarterly reporting in current law, but would amend the
list of data elements that states would be required to collect on a monthly basis. (See
Table 2 for details.) It would also eliminate the separate annual report, instead
requiring that the fourth quarterly report include information on the annual number
and type of child care providers and the method of payment they receive. S. 667
would also extend CCDBG reporting to TANF-funded child care. The House bill
would retain current law, containing none of these provisions.
Waivers in Response to Gulf Hurricanes. The House budget
reconciliation bill would provide the Secretary of HHS with the authority to waive
or modify certain CCDBG provisions for states affected by Hurricanes Katrina and
Rita. Provisions that could be waived include those relating to the federal income
eligibility limits, the work requirements, states’ use of quality funds, and any
provision that prevents children designated as evacuees from receiving priority
services over any children not already receiving CCDBG services. No similar
provisions are included in S. 525.
Other Provisions. Titles II and III of S. 525 propose provisions that stand
apart from CCDBG law or Section 418 of the Social Security Act. Title II of the bill
contains provisions to enhance security at child care centers in federal facilities, and
Title III would establish a small business child care grant program, through which
competitive grants would be awarded to states for establishment and operation of
employer-operated child care programs. The House budget reconciliation bill
includes no similar provisions.
Responsible Fatherhood
To improve the long-term outlook for children in single-parent families, federal,
state, and local governments, along with public and private organizations, are
supporting programs and activities that promote the financial and personal
responsibility of noncustodial fathers to their children and increase the participation
of fathers in the lives of their children. These programs have come to be known as
“responsible fatherhood” programs. Most fatherhood programs include media
campaigns that emphasize the importance of emotional, physical, psychological, and
financial connections of fathers to their children. Most fatherhood programs also
include parenting education; responsible decision-making; mediation services for
both parents; providing an understanding of the CSE program; conflict resolution,
coping with stress, and problem-solving skills; peer support; and job-training
opportunities (skills development, interviewing skills, job search, job-retention skills,
job-advancement skills, etc.).
Sources of federal funding for fatherhood programs include TANF block grant
funds, TANF state Maintenance-of-Effort (MOE) funding, welfare-to-work funds,
Child Support Enforcement (CSE) funds, and Social Services Block Grant (Title XX)
funds. Even so, the federal government does not currently earmark a specific amount
of funding exclusively for responsible fatherhood programs.
Beginning with the 106th Congress, both the House and Senate have introduced
a number of bills that contain responsible fatherhood provisions, but so far none of
the bills have been passed by both Houses of Congress. In the 109th Congress, both
S. 667 and the House budget reconciliation bill would include funding for
responsible fatherhood grant programs.
S. 667 as approved by the Senate Finance Committee would establish five
components for the responsible fatherhood program for FY2006 through FY2010.
It would (1) appropriate $20 million for a grant program for up to 10 programs; (2)
appropriate $30 million for grants for eligible entities (local government, local public
agency, community-based or nonprofit organization, or private entity, including any
charitable or faith-based organizations, or Indian tribe or tribal organization) to
conduct demonstration programs; (3) authorize $5 million for a nationally recognized
nonprofit fatherhood promotion organization to develop and promote a responsible
fatherhood media campaign and establish a national clearinghouse to help states and
communities in their efforts to promote both marriage and responsible fatherhood;
(4) authorize a $20 million block grant for states to conduct responsible fatherhood
media campaigns (authorize $1 million of the $20 million for an evaluation); and (5)
authorize $1 million for a nationally recognized nonprofit research and education
fatherhood organization to establish a national resource center for responsible
fatherhood.
The House Budget Reconciliation proposal as approved by the Committee on
Ways and Means would establish four components for the responsible fatherhood
program for FY2006 through FY2010. It would (1) authorize competitive grants for
responsible fatherhood projects to public and nonprofit community entities, including
religious organizations, and to Indian tribes and tribal organizations, for
demonstration service projects and activities designed to test the effectiveness of
various approaches to accomplish the four specified responsible fatherhood program
objectives — eligible entities would be allowed to apply for either full service grants
or limited purpose grants of $25,000 or less per fiscal year; (2) authorize funding for
two multicity, multistate fatherhood demonstration projects to be developed and
conducted by a national nonprofit fatherhood promotion organization; (3) authorize
funding for an evaluation of the competitive grant projects and the multicity,
multistate demonstration projects; and (4) authorize the Secretary of HHS by grant,
contract, or cooperative agreement to carry out projects and activities of national
significance relating to fatherhood promotion — such projects or activities could
include collection and dissemination of information, media campaigns, technical
assistance to public and private entities, and research. The bill would authorize $20
million for each of the years FY2006 through FY2010, and stipulates that no more
15% of the annual appropriations can be used for the multicity, multistate
demonstrations, the evaluations, and the projects of national significance.
The Committee on Education and the Workforce shared jurisdiction with the
Committee on Ways and Means with respect to fatherhood programs. The
Committee on Education and the Workforce’s fatherhood program is identical to that
of the Committee on Ways and Means except that it would include five components
rather than four and stipulate that no more than 35% of the $20 million annual
authorization could be used for the multicity, multistate demonstrations, the
economic incentives demonstrations, the evaluations, and the projections of national
significance. In addition to the four components in the Ways and Means Committee
proposal, the Committee on Education and the Workforce’s proposal would authorize
the HHS Secretary to make grants available for FY2006 through FY2010 for two to
five demonstration projects that test the use of economic incentives combined with
a comprehensive approach to addressing employment barriers to encourage
noncustodial parents to enter the workforce and to contribute financially and
emotionally to their children. The fatherhood demonstration projects would be
developed and conducted by a national nonprofit fatherhood promotion organization
that meets the qualifications specified in the bill. The bill would stipulate that out
of the set-aside monies, at least $5 million is to be allocated for the economic
incentive demonstration project. (Note: All of the responsible fatherhood provisions
in both House Committee bills are included in the House-passed budget
reconciliation bill.)
Child Support Enforcement
The CSE program, Part D of Title IV of the Social Security Act, was enacted in
January 1975 (P.L. 93-647). The CSE program is administered by the Office of
Child Support Enforcement (OCSE) in the Department of HHS, and funded by
general revenues. All 50 states, the District of Columbia, Guam, Puerto Rico, and
the Virgin Islands operate CSE programs and are entitled to federal matching funds.
The following families automatically qualify for CSE services (free of charge):
families receiving TANF benefits (Title IV-A), foster care payments (Title IV-E), or
Medicaid coverage (Title XIX). Collections on behalf of families receiving TANF
benefits are used to reimburse state and federal governments for TANF payments
made to the family. Other families must apply for CSE services, and states must
charge an application fee that cannot exceed $25. Child support collected on behalf
of nonwelfare families goes to the family (usually through the state disbursement
unit).
Services. The CSE program provides seven major services on behalf of
children: (1) parent location, (2) paternity establishment, (3) establishment of child
support orders, (4) review and modification of support orders, (5) collection of
support payments, (6) distribution of support payments, and (7) establishment and
enforcement of medical support.
Enforcement Techniques. Collection methods used by CSE agencies
include income withholding, intercept of federal and state income tax refunds,
intercept of unemployment compensation, liens against property, security bonds, and
reporting child support obligations to credit bureaus. All jurisdictions also have civil
or criminal contempt-of-court procedures and criminal nonsupport laws. Building
on legislation (P.L. 102-521) enacted in 1992, P.L. 105-187, the Deadbeat Parents
Punishment Act of 1998, established two new federal criminal offenses (subject to
a two-year maximum prison term) with respect to noncustodial parents who
repeatedly fail to financially support children who reside with custodial parents in
another state or who flee across state lines to avoid supporting them.
P.L. 104-193 required states to implement expedited procedures that allow
them to secure assets to satisfy an arrearage by intercepting or seizing periodic or
lump sum payments (such as unemployment and workers’ compensation), lottery
winnings, awards, judgements, or settlements, and assets of the debtor parent held by
public or private retirement funds, and financial institutions. It required states to
implement procedures under which the state would have authority to withhold,
suspend, or restrict use of driver’s licenses, professional and occupational licenses,
and recreational and sporting licenses of persons who owe past-due support or who
fail to comply with subpoenas or warrants relating to paternity or child support
proceedings. It also required states to conduct quarterly data matches with financial
institutions in the state in order to identify and seize the financial resources of debtor
noncustodial parents. P.L. 104-193 authorized the Secretary of State to deny, revoke,
or restrict passports of debtor parents. P.L. 104-193 also required states to enact and
implement the Uniform Interstate Family Support Act (UIFSA), and expand full faith
and credit procedures. P.L. 104-193 also clarified which court has jurisdiction in
cases involving multiple child support orders.
Financing. The federal government currently reimburses each state 66% of
the cost of administering its CSE program. It also refunds states 90% of the
laboratory costs of establishing paternity. In addition, the federal government pays
states an incentive payment to encourage them to operate effective programs. P.L.
104-193 required the HHS Secretary in consultation with the state CSE directors to
develop a new cost-neutral system of incentive payments to states. P.L. 105-200, the
Child Support Performance and Incentive Act of 1998, established a new cost-neutral
incentive payment system. The statutory limit of CSE incentive payments for
FY2005 is $446 million.
S. 667 and House Budget Reconciliation Bill: Major Provisions
Related to Child Support Enforcement. Over the years, the CSE program has
evolved into a multifaceted program. While cost-recovery still remains an important
function of the program, other aspects of the program include service delivery and
promotion of self-sufficiency and parental responsibility.
The CSE program has helped strengthen families by securing financial support
for children from their noncustodial parent on a consistent and continuing basis and
by helping some families to remain self-sufficient and off public assistance by
providing the requisite CSE services. Child support payments now are generally
recognized as a very important income source for single-parent families. On average
child support constitutes 17% of family income for households that receive it (2001
data). Among poor families who receive it, child support constitutes about 30% of
family income (2001 data).
Both S. 667 and the House budget reconciliation bill would seek to improve the
CSE program and raise collections so as to increase the economic independence of
former welfare families and provide a stable source of income for all single-parent
families with a noncustodial parent. Although both bills share identical objectives
with respect to simplifying CSE assignment and distribution rules and strengthening
the “family-first” policies started in the1996 welfare reform law, the approaches used
differ. Both bills would revise some CSE enforcement tools and add others. This
section of the report does not discuss all of the CSE provisions included in S. 667
and the House bill. For a description of all of the CSE provisions in S. 667 as
reported by the Senate Finance Committee and the House budget reconciliation bill,
see Table 2 in the last section of this report.
The Congressional Budget Office (CBO) estimates that the Senate Finance
Committee-reported bill would increase federal outlays in the CSE program by $628
million over the period FY2006-FY2010, whereas the House budget reconciliation
bill would reduce federal outlays in the CSE program by $4.899 billion over the
period FY2006-FY2010. The following two CSE provisions in the House bill
comprise most of the budget reductions (i.e., savings): a phased-in reduction of the
matching rate for administrative expenses from 66% to 50%, which saves $3.8
billion over the five-year period; and an elimination of the federal match when states
spend CSE incentive payments (i.e., reinvest CSE incentive payments back into the
program), saving $1.6 billion over the five-year period.
Assignment of Child Support Rights. As a condition of receiving TANF
benefits, a family must assign their child support rights to the state. Assignment rules
determine who has legal claim on the child support payments owed by the
noncustodial parent. The child support assignment covers any child support that
accrues while the family receives TANF benefits as well as any child support that
accrued before the family started receiving TANF benefits. Assigned child support
collections are not paid to families, but rather this revenue is kept by states and the
federal government as partial reimbursement for welfare benefits. Nonwelfare
families who apply for CSE services do not assign their child support rights to the
state and thereby receive all of the child support collected on their behalf.
An extremely important feature of the assignment process is the date on which
an assignment was entered. If the assignment was entered on or before September
30, 1997, then pre-assistance and during-assistance arrearages are “permanently
assigned” to the state. If the assignment was entered on or after October 1, 1997,
then only the arrearages which accumulate while the family receives assistance are
“permanently assigned.” The family’s pre-assistance arrearages are “temporarily
assigned” and the right to those arrearages goes back to the family when it leaves
TANF (unless the arrearages are collected through the federal income tax refund
offset program).
Under S. 667 as reported by the Senate Finance Committee, the child support
assignment would only cover any child support that accrues while the family receives
TANF benefits. This would mean that any child support arrearages that accrued
before the family started receiving TANF benefits would not have to be assigned to
the state (even temporarily) and thereby any child support collected on behalf of the
former-TANF family for pre-assistance arrearages would go to the family. The
House bill includes a similar provision.
Distribution of Child Support. Distribution rules determine the order in
which child support collections are paid in accordance with the assignment rules. In
other words, the distribution rules determine which claim is paid first when a child
support collection occurs. The order of payment of the child support collection is of
tremendous importance because in many cases past-due child support (i.e.,
arrearages) are never fully paid.
TANF Families. While the family receives TANF benefits, the state is
permitted to retain any current support and any assigned arrearages it collects up to
the cumulative amount of TANF benefits which has been paid to the family. The
1996 welfare law (P.L. 104-193) repealed the $50 required pass through and gave
states the choice to decide how much, if any, of the state share (some, all, none) of
child support payments collected on behalf of TANF families to send the family.
States also decide whether to treat child support payments as income to the family.
While states have discretion over their share of child support collections, P.L.
104-193 required states to pay the federal government the federal government’s share
of child support collections collected on behalf of TANF families. This means that
the state, and not the federal government, bears the entire cost of any child support
passed through to (and disregarded by) families. As of August 2004, 18 states were
continuing the $50 (or higher in one state) pass-through and disregard policy that had
been in effect pre-1996.
Both bills would provide incentives (in the form of federal cost sharing) to states
to direct more of the child support collected on behalf of TANF families to the
families themselves (often referred to as a “family-first” policy), as opposed to using
such collections to reimburse state and federal coffers for welfare benefits paid to the
families. However, the approaches of the bills differ with respect to the amount of
federal cost-sharing provided and whether to help states pay for the current cost of
their CSE pass-through and disregard policies or to encourage states to establish such
policies or increase the pass-through and disregard already in place.
Under S. 667 as reported by the Senate Finance Committee, the federal
government would share in the costs of the entire amount of pass-through and
disregard policies used by states. S. 667 would allow states to pay up to $400 per
month in child support collected on behalf of a TANF (or foster care) family ($600
per month to a family with two or more children) to the family and would not require
the state to pay the federal government the federal share of those payments. In order
for the federal government to share in the cost of the child support pass-through, the
state would be required to disregard (i.e., not count) the child support collection paid
to the family in determining the family’s TANF benefit.
Unlike S. 667, the House bill is intended to provide states with an incentive to
increase their pass-through and disregard policies. The House budget reconciliation
bill would allow states to increase the amount of collected child support they pay to
families receiving TANF benefits and would not require the state to pay the federal
government the federal share of the increased payments. The subsidized child
support pass-through payments would be the amount above any payments the state
was making on December 31, 2001. The House bill would limit the federal
government’s cost-sharing of the new pass-through payments to the greater of $100
per month or $50 per month more than the state previously was sharing with the
family. In order for the federal government to share in the cost of an increase in the
child support pass-through, the state would be required to disregard (i.e., not count)
the child support collection paid to the family in determining the family’s TANF
benefit.
Former TANF Families. Pursuant to the 1996 welfare reform law (P.L.
104-193), beginning on October 1, 2000, states must distribute to former TANF
families the following child support collections first before the state and the federal
government are reimbursed (the “family-first” policy): (1) all current child support,
(2) any child support arrearages that accrue after the family leaves TANF (these
arrearages are called never-assigned arrearages), plus (3) any arrearages that accrued
before the family began receiving TANF benefits. (Any child support arrearages that
accrue during the time the family is on TANF belong to the state and federal
government.)
One of the goals of the 1996 welfare reform law with regard to CSE distribution
provisions was to create a distribution priority that favored families once they leave
the TANF rolls. Thus, generally speaking, under current law, child support that
accrues before and after a family receives TANF goes to the family, whereas child
support that accrues while the family is receiving TANF goes to the state. This
additional family income is expected to reduce dependence on public assistance by
both promoting exit from TANF and preventing entry and re-entry to TANF.
S. 667 as reported by the Senate Finance Committee would give states the
option of distributing to former TANF families the full amount of child support
collected on their behalf (i.e., both current support and all child support arrearages
— including arrearages collected through the federal income tax refund offset
program). S. 667 would simplify the CSE distribution process and eliminate the
special treatment of child support arrearages collected through the federal income tax
refund offset program. Under S. 667 the federal government would share with the
states the costs of paying child support arrearages to the family first.
Similarly, the House bill would give states the option of distributing to former
TANF families the full amount of child support collected on their behalf. Under the
House bill, the federal government would share with the states the costs of paying
child support arrearages accrued while the family received TANF as well as costs
associated with passing through to the family child support collected through the
federal income tax refund offset program, if the state chose the “family-first” option.
Expansion of Collection/Enforcement Tools. Both bills would include
identical or similar provisions with respect to (1) lowering the threshold amount for
denial of a passport to a noncustodial parent who owes past-due child support; (2)
easing the collection of child support from veterans’ benefits; (3) allowing states to
use the federal income tax refund offset program to collect past-due child support for
persons not on TANF who are no longer minors; (4) authorizing the HHS Secretary
to compare information of noncustodial parents who owe past-due child support with
information maintained by insurers concerning insurance payments and to furnish
any information resulting from a match to CSE agencies so they can pursue child
support arrearages; and (5) allowing an assisting state to establish a child support
interstate case based on another state’s request for assistance (thereby enabling an
assisting state to use the CSE statewide automated data processing and information
retrieval system for interstate cases).
Additional provisions that would expand and/or enhance the ability of states to
collect child support payments are contained in S. 667 as reported by the Senate
Finance Committee. They include (1) authorizing the HHS Secretary to act on behalf
of states to seize financial assets (held by a multi-state financial institution) of
noncustodial parents who owe child support; (2) facilitating the collection of child
support from Social Security benefits; (3) requiring that medical support for a child
be provided by either or both parents; and (4) requiring the CSE agency to notify
health care plan administrators under certain circumstances when a child loses health
care coverage.
Other Provisions. Both bills include provisions that would (1) require states
to review and if appropriate adjust child support orders of TANF families every three
years; (2) require the HHS Secretary to submit a report to Congress on the procedures
states use to locate custodial parents for whom child support has been collected but
not yet distributed; (3) establish a minimum funding level for technical assistance;
(4) establish a minimum funding level for the Federal Parent Locator Service; and (5)
designate Indian tribes and tribal organizations as persons authorized to have access
to information in the Federal Parent Locator Service.
S. 667 includes provisions that would (1) increase funding for the CSE access
and visitation program; (2) require states to adopt a later version of the Uniform
Interstate Family Support Act (UIFSA) so as to facilitate the collection of child
support payments in interstate cases; and (3) allow the state of Texas to continue to
operate its CSE program for automatic monitoring and enforcement of court orders
on behalf of nonwelfare families without applying for a federal waiver.
The House budget reconciliation bill includes provision that would (1) establish
a $25 annual fee for individuals who have never been on TANF but receive CSE
services and who received at least $500 in any given year; (2) gradually reduce the
general CSE federal rate of 66% to 50% (over the period FY2007-FY2010); and (3)
eliminate the federal match on CSE incentive payments that states, in compliance
with federal law, reinvest back into the CSE program.
Other Programs
In addition to reauthorizing and modifying the programs discussed above, the
Senate welfare reauthorization bill (S. 667) and the House budget reconciliation bill
would modify some other programs:
!Transitional Medical Assistance (TMA), which is a program that
extends at least six and up to 12 additional months of Medicaid
coverage for families leaving welfare for work. Authority for the
TMA program is scheduled to expire on December 31, 2005 at
which time, absent congressional action, four months of Medicaid
coverage to such families would be provided. S. 667 would extend
12-month TMA through the end of FY2010 and provide state
options to reduce required beneficiary reporting of income to
continue to receive TMA after six months and allow for up to 24
months of TMA. The House reconciliation bill would not extend
TMA beyond December 31, 2005.4
!State abstinence education grants. The program providing grants
to states for abstinence-only education is scheduled to expire on
December 31, 2005. S. 667 would extend this program through
FY2010. The House budget reconciliation bill would not include an
extension of this program.
!Child welfare programs. Both S. 667 and the House budget
reconciliation bills would extend the authority for states to operate
child welfare “waiver” programs through FY2010. The House bill
would add additional instructions to HHS regarding waiver approval
policies and availability of waiver reports. The Senate committee bill
would allow Indian tribes to receive direct federal funding to operate
foster care and adoption assistance programs and would also permit
Puerto Rico to receive limited additional federal foster care funds.
4 For a discussion of the TMA program and issues, see CRS Report RL31698, Transitional
Medical Assistance (TMA) Under Medicaid, by April Grady.
The House budget reconciliation bill includes two provisions
intended to reduce federal outlays for foster care and adoption
assistance: 1) it seeks to nullify a court rule (known as the Rosales
case) that expands eligibility for foster care in certain states; and 2)
it limits the period of time partial federal reimbursement of foster
care costs can be provided for children who are placed with relatives
who are not licensed to provide foster care, and it requires states
seeking this partial federal matching on behalf of children who are
at “imminent risk” of removal from their homes to redetermine the
status of these children as “candidates” for foster care every six
months.
!Supplemental Security Income (SSI). Both S. 667 and the House
budget reconciliation bill would require that a certain percentage of
disability determinations by state disability agencies be reviewed by
the federal government. S. 667 would also extend the period of SSI
eligibility for refugees and asylees from seven to nine years. The
House bill attempts to achieve budget reductions by requiring that
certain back payments be paid in installments over time, rather than
in one lump sum.
Detailed Comparison of Senate Committee Bills
and the House Budget Reconciliation Bill
Table 2 provides a detailed comparison of welfare and related provisions in the
two Senate committee bills (S. 667 and S. 525) and the House budget reconciliation
bill. For the Senate proposals, the table notes both the bill and section numbers.
The House budget reconciliation bill is organized by Titles reflecting each House
committee’s legislative changes. The welfare and related proposals are found both
in Title II, from the Education and Workforce Committee, and Title VIII of the bill,
from the Ways and Means Committee. In most respects, the committees reported
identical legislative language. In those cases, Table 2 provides both section
references for identical provisions. In cases where the two committees reported
different provisions, the table separately indicates the Education and the Workforce
and Ways and Means provisions.
The House budget reconciliation bill is an omnibus bill that includes many
provisions unrelated to welfare reform programs. Those provisions are not discussed
in this report and not shown on the table. Further, S. 667 makes a number of changes
to the earned income and child tax credits. The tax provisions of S. 667 are also not
addressed in this report or shown on the table.
CRS-21
with S. 667/525 and the House Budget Reconciliation Bill Welfare Provisions
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
mporary Assistance for Needy Families (TANF) Block Grant
ndings and Goals and Purposes of TANF
ndingsP.L. 104-193, the Personal Responsibility andNo provision.Makes a series of findings related to: (1) the
Work Opportunity Reconciliation Act of 1996success of the 1996 law in moving families
(PRWORA), made a series of findings relatedfrom welfare to work and reducing child
to marriage, responsible parenthood, trends inpoverty; (2) progress made by the nation in
welfare receipt and the relationship betweenreducing teen pregnancy and births, slowing
welfare receipt and nonmarital parenthood, andincreases in nonmarital births, and improving
trends in and negative consequences ofchild support collections and paternity
iki/CRS-RL33157nonmarital and teen births. [Section 101 ofestablishment; (3) the flexibility provided by
g/wPRWORA]the 1996 law for states to develop innovative
s.orprograms; (4) further progress to be made in
leakpromoting work, strengthening families, and
enhancing state flexibility to build on the
://wikisuccess of welfare reform; and (5) establishing
httpthe sense of Congress that increasing success
in moving families from welfare to work and
promoting healthy marriage and other means
of improving child well-being are important
government interests and the policies in
federal TANF law (as amended by this bill)
are intended to serve those ends. [Section
Goals andThe purpose of TANF is to increase stateRevises goal no. 4 to “encourage theThe overall purpose of TANF is to improve
rposesflexibility in operating a program designed to:formation and maintenance of healthy two-child well-being by increasing state flexibility
(1) assist needy families so that children mayparent married families, and encouragein operating a program designed to: (1)
live in their homes or those of relatives; (2) endresponsible fatherhood.” [New language inprovide assistance and services to needy
dependence of needy parents on governmentitalics] [Section 103(d) of S. 667]families so that children may live in their
benefits; (3) reduce out-of-wedlockhomes or those of relatives, (2) end
pregnancies; and (4) encourage the formationdependence of needy families on government
CRS-22
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
and maintenance of two-parent families.benefits and reduce poverty; (3) reduce out-
[Section 401 of the Social Security Act (SSA)]of-wedlock pregnancies; and (4) encourage
the formation and maintenance of healthy,
two-parent married families, and encourage
responsible fatherhood. [New language in
italics] [Section 8101]
Financing Provisions
ate FamilyProvides capped grants (entitlements to statesRetains basic block grants, and extends themSame as S. 667. [Section 8102(b)]
and territories). Nationally, annual familythrough FY2010 at current funding levels.
antsassistance grants total $16.567 billion for theAppropriates $16.567 billion annually for
states, the District of Columbia (D.C.), and thefamily assistance grants to the states, D.C.,
iki/CRS-RL33157territories. Each jurisdiction’s annual grantequals the same share of the national total as inand the territories. Provides that the annualgrant of each jurisdiction shall equal its
g/wFY2002. [(Section 403(a)(1) of the SSA]FY2002 proportion of the national grant
s.ortotal. [Section 102(a) of S. 667]
leak
Also provides matching grants for the territoriesExtends funding for matching grants to theSame as S. 667. [Section 8102(c)]
://wiki[Section 1108(b) of the SSA].territories through FY2010. [Section 102(b)
httpof S. 667]
ementalSupplemental grants for (17) states with lowExtends supplemental grants for FY2006Same as S. 667. [Section 8104]
rant forhistoric federal grants per poor person and/orthrough FY2009, at current funding levels
pulationhigh population growth. Grants grew each($319 million). [Section 104 of S. 667]
year, from $79 million in FY1998 to $319
million in FY2001. Grants frozen at $319
million since FY2001. [Section 403(a)(3) of
SSA]
nus to RewardHigh-performance bonus of $200 million perReplaces the high-performance bonus withEliminates the high-performance bonus.
year on average. [Section 403(a)(4) of thea bonus to reward employment achievement.[Section 8105]
hievementSSA]Employment achievement bonuses would
total $50 million for each of FY2006
through FY2008, and $100 for each of
FY2009 through FY2011. [Section 105 of
S. 667]
CRS-23
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
Maximum bonus for a state equals 5% of itsMaximum bonus for a state equals 5% of its
family assistance grant.family assistance grant. [Section 105 of S.
Bonus based on achievement of TANF goals,Bonus to be based on absolute and relative
with formula developed by the Department ofprogress toward the goal of workforce
Health and Human Services (HHS) inattachment and advancement. [Section 105
consultation with the National Governorsof S. 667]f
Association and the American Public Human
Services Association. For FY1999-FY2001
performance, formula consisted of three work-
related measures (job entry, job retention, and
earnings gain). For FY2002 and later years,
iki/CRS-RL33157formula adds family formation outcomes, child
g/wcare affordability, and coverage by food stamps
s.orand Medicaid/SCHIP. [Section 403(a)(4) of the
leakSSA]
://wikiMakes tribes eligible for the bonus, setting
httpaside 2% of total employment achievement
bonus dollars for them, and directs the
Secretary to consult with them regarding
criteria for their awards. [Section 105 of S.
Reduces FY2005 high-performance bonus
amount to $0. [Section 702 of S. 667]
For FY2006 and FY2007, employment
achievement bonus may be based on three
components of the repealed high-
performance bonus — job entry rate, job
retention rate, and earnings gain rate.
[Section 105 of S. 667]
CRS-24
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
nus to RewardAppropriated $100 million yearly for bonusesRepeals the bonus and uses the $100 millionRepeals the bonus beginning in FY2006, and
ductions into the five states with the largest percentageper year to fund grants for marriageuses the $100 million per year to fund grants
t-of-wedlockdecline (over recent two years) in the out-of-promotion activities (see Matching Grantsfor marriage promotion activities. [Section
thswedlock birth ratio. To qualify, states had tofor Marriage Promotion, below). [Section8103(b)]
reduce their abortion rate to below that of103(b) of S. 667]
FY1995. [Section 403(a)(2) of the SSA]
ingencyCapped matching grants (maximum $2 billion)Appropriates such sums as are needed forAppropriates such sums as needed for
ndprovided in case of recession. To qualify forcontingency fund grants, up to $2 billioncontingency fund grants, up to $2 billion over
contingency dollars, states must be “needy” andover five years, FY2006-FY2010. Tofive years, FY2006-FY2010. To qualify for
must spend under the TANF program a sum ofqualify for contingency grants, a state mustcontingency grants, states must be “needy”
their own dollars equal to their pre-TANFbe “needy,” have sufficiently low TANFand must spend under the TANF program a
spending. [Section 403(b) of the SSA]balances, and have an increase in itssum of their own dollars equal to their pre-
iki/CRS-RL33157assistance caseload of over 5%.TANF spending.
g/wThe law provides two needy state triggers: ( 1)To trigger on as needy, a state must (1) haveRetains current law needy state triggers, but
s.oran unemployment rate for a three-month periodan increase (due in large measure torevises the food stamp trigger, requiring that
leakiteriathat is at least 6.5% and is 10% or more aboveeconomic conditions) of 5% in the monthlythe FY1994-FY1995 caseload base be
://wikithe rate for the corresponding period in either ofaverage unduplicated number of familiesreadjusted for policy changes made after
httpthe two preceding calendar years; or (2) a foodreceiving assistance under its TANFpassage of 1996 welfare law. [Section
stamp caseload increase of 10% over theprogram in the most recently concluded8106(c)]
FY1994-FY1995 level (adjusted for the impactthree-month period with data, compared
of immigrant and food stamp constraints in thewith the corresponding period in either of
SSA]and (2) meet one of three other conditions.
They are: (a) for the most recent three-
month period with data, the average rate of
seasonally adjusted total unemployment
must be at least 1.5 percentage points or
50% higher than in the corresponding period
in either of the two most recent preceding
fiscal years; (b) for the most recent 13 weeks
with data, the average rate of insured
unemployment must be at least one
CRS-25
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
percentage point higher than in the
corresponding period in either of the two
most recent fiscal years; or, (c) for the most
recently concluded three-months with
national data, the monthly average number
of food stamp recipient households, as of the
last day of each month, must exceed by at
least 15% the corresponding caseload
number in the comparable period in either of
the two most recent preceding fiscal years,
provided the HHS Secretary and the
Secretary of Agriculture agree that the
iki/CRS-RL33157increased caseload was due, in large
g/wmeasure, to economic conditions rather than
s.orto policy change. A state that initially
leakqualifies as needy because of its TANF
caseload plus its food stamp caseload would
://wikicontinue to be considered needy as long as
httpthe state met the original qualifying
conditions. A state that initially qualified as
needy because of its TANF caseload plus its
total or insured unemployment rate would
not trigger off until its unemployment rate
fell below the original qualifying level
(disregarding seasonal variations in the case
of the insured unemployment rate). [Section
nancialBefore drawing contingency grants, a state mustEliminates the requirements that a stateRetains current law requirements that states
expend within the TANF program 100% ofspend 100% of what it spent in FY1994 andexpend 100% of what they spent on TANF
quirementswhat it spent on TANF predecessor programs inprovide matching funds. Instead, requirespredecessor programs in FY1994 and provide
FY1994. Both TANF spending and FY1994that unspent balances be 30% or less ofmatching funds. Allows states to count
base spending exclude child care expenditures.cumulative TANF grants to be eligible forspending in separate state maintenance of
States then must provide matching funds tocontingency funds. [Section 106(b) of S.effort programs toward these spending
CRS-26
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
draw down contingency grants (see667]requirements. State child care spending also
Contingency Grant Amounts, below). [Sectionwould count toward this requirement, but
403(b)(5) and Section 409(a)(10) of the SSA]would also be added to base FY1994
spending. [Section 8106(d) and 8106(e)]
ntingencyPayments are capped at 20% of a state’s basicA state’s total contingency grant could notRetains current law’s 20% maximum grant,
TANF grant. A maximum advance grant ofexceed 10% of its family assistance grant.advance grant, and annual grant based on the
ountsone-twelfth of its total maximum grant isThe contingency fund grant equals theMedicaid matching rate times expenditures
allowed in a given month. [Section 403(b)(3)]state’s federal Medicaid matching rate timesmade in excess of 100% of the FY1994 level.
the benefit cost of an increase in the TANFEliminates the proration of the annual grant
A state’s annual contingency fund grant amountfamily caseload above 5% in the mostfor part-year eligibility for contingency funds.
is the Medicaid matching rate timesrecently concluded three-month period with[Section 8106(d)]
expenditures it made in excess of 100% ofdata, compared with the corresponding
iki/CRS-RL33157FY1994 expenditures. This annual amount isperiod in either of the two most recent
g/wprorated for the number of months the state ispreceding fiscal years. (The remaining cost
s.oreligible for continency grants. If a stateof the increased caseload would have to be
leakreceived advance grants that are greater than thepaid with state funds or other federal TANF
annual amount for which it is entitled, the statefunds.) [Section 106(a) of S. 667]
://wikimust remit any excess back to the federal
httpTreasury. [Section 403(b)(6)]
ibal EligibilityNo provision. Tribes are not eligible forSets aside $25 million of the contingencyNo provision (retains current law).
ontingencycontingency fund.fund appropriation for grants to Indian tribes
with approved tribal TANF plans. The
Secretary of HHS, in consultation with
tribes, shall determine the criteria for access
to the fund. [Section 106(a) of S. 667]
rants
al ServiceNo provision.Authorizes appropriation of $40 million forNo provision.
each of FY2006-FY2010 for grants to
entities for the purpose of capitalizing and
developing the role of sustainable social
services needed for success in moving
TANF recipients to work. Requires
CRS-27
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
applicants to describe their strategy for
developing a program that generates its own
source of on-going revenue while assisting
TANF recipients. Administrative costs
could not exceed 15% (except for
computerization and information technology
needed for tracking or monitoring required
by TANF), but none of the other statutory
rules regarding use of TANF funds would
apply. Requires evaluation and report to
Congress. [Section 119(a) of S. 667]
r OwnershipNo provision.Authorizes appropriation of $25 million forNo provision.
iki/CRS-RL33157antseach of FY2006-FY2010 for grants for low-
g/wincome car ownership. Purposes: to
s.orimprove employment opportunities of low-
leakincome families and provide incentives to
states, Indian tribes, localities, and nonprofit
://wikigroups to develop and administer programs
httpthat promote car ownership by low-income
families. No more than 5% of the funds
could be used for administrative costs of the
Secretary in carrying out this program.
Requires evaluation. [Section 119(b) of S.
ansitionalNo provision.Authorizes appropriations of $200 millionNo provision.
for each of FY2006-FY2010 for business
nks Grantslinks and transitional jobs programs. Grants
are to be awarded jointly by the Secretaries
of HHS and Labor to fund programs to
promote “business linkages” and the
“transitional jobs.” Business linkages are
programs designed to improve the wages of
CRS-28
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
eligible individuals by improving jobs skills
in partnership with employers and providing
supports and services at or near the worksite.
Eligible grantees are private organizations,
local workforce investment boards, states,
localities, Indian tribes, and employers.
Individuals eligible to be served by these
programs are TANF recipients, former
recipients, individuals with a disability, or
noncustodial parents having difficulty in
paying child support obligations who also
have limited proficiency in the English
iki/CRS-RL33157language or other barriers to employment.
g/w
s.or“Transitional jobs” programs combine
leaksubsidized, time-limited, wage-paying
supported work in the public or nonprofit
://wikisectors with skill development and activities
httpto remove barriers to employment. Eligible
grantees are private organizations, local
workforce investment boards, states,
localities, and Indian tribes. Individuals
eligible to be served by these programs are
TANF recipients, former recipients,
individuals with a disability, or noncustodial
parents having difficulty in paying child
support obligations who also have limited
proficiency in the English language or other
barriers to employment.
CRS-29
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
Requires a minimum of 40% of funds
appropriated to be used for business linkages
and also a minimum of 40% to be used for
transitional jobs. Benefits and services
provided under these programs are not
considered assistance. The bill also requires
an evaluation, and sets aside $3 million for
the Secretaries to produce assessments of
these programs. [Section 119(c) of S. 667]
mesticNo provision.Authorizes $20 million per year for FY2006No provision.
olencethrough FY2010 for competitive matching
grants (at a 75% federal matching rate) to
iki/CRS-RL33157antsstates, Indian tribes, and tribal organizations
g/wfor the development and dissemination of
s.orbest practices for addressing domestic
leakviolence; implementing voluntary skills
programs, including caseworker training,
://wikitechnical assistance, and voluntary services
httpfor victims of domestic violence; programs
of relationship and financial management
skills; and broad-based income support as a
means to reduce domestic violence.
Grantees must consult with organizations
with demonstrated expertise in providing aid
to victims of domestic violence. Requires
the Secretary of HHS to evaluate activities
under this grant. [Section 114(e) of S. 667]
Provides a $1.7 billion revolving and interest-Repeals the loan fund. [Section 108]Repeals the loan fund effective October 1,
deral Loanbearing federal loan fund for state welfare2006. [Section 8108]
ndprograms. [Section 406 of the SSA]
Establishes a maintenance-of-effort (MOE)Continues MOE requirement throughSame as S. 667. [Section 8111]
rtrequirement that states spend at least 75% ofFY2010, but raises the MOE percentage to
CRS-30
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
what was spent from state funding in FY199480% if the state failed TANF work
on programs replaced by TANF. Nationally,participation standards of the preceding
this sum is $10.4 billion. (MOE rises to 80% iffiscal year. [Section 111(a) of S. 667]
state fails a work participation standard; see
above.) [Section 409(a)(7) of the SSA]
Defines state expenditures to reduce out-of-Defines all state expenditures to reduce out-
wedlock births and promote marriage andof-wedlock births and promote marriage and
responsible fatherhood (including spendingresponsible fatherhood (including spending on
on behalf of non-needy families) asbehalf of non-needy families) as countable
countable toward required MOE statetoward required MOE state spending.
spending. Subjects this spending to two[Section 8103(c)]
requirements applicable to MOE funds: (1)
iki/CRS-RL33157for activities not a part of the pre-1996
g/wwelfare program, expenditures must be
s.orabove FY1995 levels to be countable toward
leakthe MOE; and (2) expenditures used to
compensate for federal penalties are not
://wikicountable toward the MOE. [Section 103(d)
httpof S. 667]
TANF funds used as the state match forProvides that spending (as the state match)
marriage promotion grants shall not befrom federal marriage promotion grants shall
considered state spending countable towardnot be treated as state spending toward MOE
the MOE requirement. [Section 103(b) of S.requirements. [Section 8111(b)]
Funds
eneral RulesStates may use funds in any manner reasonablyNo provision (maintains current law).Same as S. 667. (No provision, retains current
calculated to accomplish the TANF purpose.law.)
[Section 404 of the SSA]
States may use funds in any manner that theyNo provision (maintains current law).States may use funds for any purposes or
were authorized to use pre-TANF funds.activities for which (rather than any manner
[Section 404 of the SSA]that) they were authorized to use pre-TANF
CRS-31
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
funds. [Section 8107(a)]
A state may treat a family that has resided inStrikes provision permitting differentSame as S. 667. [Section 8107(b)]
the state for fewer than 12 months under thetreatment of families migrating into the state
welfare rules of the state where they formerly — found unconstitutional. [Section 107(a)
lived. [Section 404 of the SSA]of S. 667]
er ofStates may transfer up to 30% of TANF fundsRetains overall transfer limit at 30%. SetsIncreases the overall ceiling on transfers to
ndsto the Child Care and Development Blocklimit on SSBG transfers at 10% (original50%. [Section 107(c)] Sets limit on SSBG
Grant (CCDBG) and the Title XX Sociallimit in 1996 law). [Section 107(b) of S.transfers at 10% for FY2006 and each year
Services Block Grant (SSBG). Specifies that a667]thereafter. [Section 8107(d)]
maximum of 4.25% of total transfers may go to
SSBG, effective in FY2001 (but year-by-year
iki/CRS-RL33157Congress has restored the original 10% limit).Also allows states to use TANF funds, within
g/wthe overall 30% transfer limit, as matching
s.orfunds for the job access transportation program
leakfor TANF recipients, ex-recipients, and persons
://wikiat risk of becoming income-eligible for TANF.
http[Section 404 of the SSA]
rryover ofAmounts may be spent without fiscal year limitAllows use of carryover funds from TANFSame as S. 667. [Section 8107(e)]
ndsfor “assistance” (chiefly ongoing cash aid). Forgrants for any benefit or service without
other benefits and services (“nonassistance”)fiscal year limitation. Permits a state or
amounts must be obligated in the year of awardtribe to designate some TANF funds as a
and spent in the following year. [Section 404contingency reserve. [Section 107(c) of S.
of the SSA]667]
Funds forStates may use funds for educational activitiesAllows states to use TANF funds toNo provision.
ion(to promote a TANF goal or because theseestablish an undergraduate two- or four-year
activities were allowed under pre-1996 law).postsecondary degree program sometimes
However, only three educational activities mayknown as Parents as Scholars (PAS) or a
be counted toward state work participationvocational educational program. Following
rates: high school attendance, educationservices could be provided in these
directly related to work (both for high schoolundergraduate programs: child care,
dropouts only) and vocational educationaltransportation, payment for books and
CRS-32
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
training. Unless it is defined by the state assupplies, other services provided under
vocational educational training, postsecondarypolicies determined by the state to ensure
education is not a countable work activity.coordination and lack of duplication.
[Section 407(d) of the SSA]Participants who are also TANF cash
assistance recipients in these educational
programs could be counted toward state
work participation standards. See Countable
Activities. [Section 107(d) of S. 667]
undingAllows Indian tribes to administer their ownContinues the authority for tribes to operateSame as S. 667. [Section 8114(a)]
family assistance (TANF) programs. EarmarksTANF programs through FY2010. [Section
ministrationsome TANF funds — amount equal to federal113(a) of S. 667]
pre-TANF payments received by state
iki/CRS-RL33157attributable to Indians — for administration by
g/wtribes at their option. Sums used for tribal
s.orfamily assistance programs are deducted from
leakstate TANF grants. [Section 412(a) of the SSA]
://wikiAppropriates $7.6 million annually for workProvides $12.6 million annually for NEWExtends the authority and funding for NEW
httpogramsand training activities (now known as Nativeprograms through FY2010. [Section 113(a)programs at current levels ($7.6 million
Employment Works (NEW)) to tribes thatof S. 667]annually) through FY2010. [Section 8114(b)]
operated a pre-TANF work and training
program. [Section 412(b) of the SSA]
Tribes operating NEW programs may
incorporate these services into a plan under
the Indian Employment, Training and
Related Services Demonstration Act of
1992. This permits the tribe to use a single
plan, budget, and reporting format for
services incorporated into the plan. [Section
CRS-33
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
No provision.Appropriates $80 million for the periodNo provision.
antsFY2006-FY2010 for a tribal TANF
improvement fund. The fund could be used
to provide technical assistance to tribes,
award competitive grants to tribes, and
conduct research to improve knowledge
about tribal family assistance plans.
[Section 113(b) of S. 667]
articipation Requirements and Standards
iversalState plan must require that a parent orRepeals the 24-month work trigger.Same as S. 667. [Section 2011; Section
caretaker engage in work (as defined by theRequires state plans to outline how they8109(a)]
iki/CRS-RL33157elf-ficiency Planstate) after, at most, 24 months of assistance.[Section 402(a)(1)(ii) of the SSA]. Note: Thisintend to require parents and caretakers toengage in work or alternative sufficiency
g/wquirementsrequirement is not enforced by a specificactivities, as defined by the state — while
s.orpenalty. (States may, but need not, establish anobserving the ban on penalizing work refusal
leakindividual responsibility plan for each family inby a single parent of a preschool child who
://wikiconsultation with the recipient.) [Sectionis unable to obtain needed child care for
http408(b)(2) of the SSA]specified reasons — and to require families
to engage in activities in accordance with
family self-sufficiency plans. [Section
States must make an initial assessment of theRequires states to make an initial screeningRequires states, in a manner they deem
skills, prior work experience, and employabilityand assessment, in a manner they deemappropriate, to assess the skills, work
of each recipient 18 or older or those who haveappropriate, of the skills, work experience,experience, and employability of each work-
not completed high school within 30 days.education, work readiness, work barriers andeligible person (see definition below) and
[Section 408(b)(1) of the SSA]employability of each adult or minor childrequires states to develop a family self-
head of household recipient who has attainedsufficiency plan for each family with such a
age 18 or who has not completed highperson. Plans must be established within 60
school and to assess, in a manner they deemdays of opening a case (within 12 months for
appropriate, the work support and otherfamilies enrolled on October 1, 2005).
assistance and family support services for[Sections 2011(b) and 8109(b)]
which families are eligible and the well-
CRS-34
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
being of the family’s children and, where
appropriate, activities or resources to
improve their well-being. Requires states, in
a manner they deem appropriate, to establish
a self-sufficiency plan for each family.
Required plan contents: activities
designed to assist the family to achieve their
maximum degree of self-sufficiency;
requirement that the recipient participate in
activities in accordance with the plan;
iki/CRS-RL33157supportive services that the state intends to
g/wprovide; steps to promote child well-being
s.orand, when appropriate, adolescent well-
leakbeing; information about work support
assistance for which the family may be
://wikieligible (such as food stamps, medicaid,
httpSCHIP, federal or state funded child care —
including that provided under the Child Care
and Development Block Grant and the
Social Services Block Grant, EITC, low-
income home energy assistance, WIC, WIA
program, and housing assistance). The state
must monitor the participation of adults and
minor child household heads in the self-
sufficiency plans and regularly review the
family’s progress, using methods it deems
appropriate, and revise the plan when
appropriate. Before imposing a sanction
against a recipient for failure to comply with
a TANF rule or a requirement of the self-
sufficiency plan, the state must, to the extent
CRS-35
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
that it deems appropriate, review the plan
and make a good-faith effort (defined by the
state) to consult with the family. States
must comply with self-sufficiency plan
requirements within one year after
enactment (for families then receiving
TANF). For families not enrolled on the
date of enactment, the deadline for self-
sufficiency plans is the later of 60 days after
the family first receives assistance on the
basis of its most recent application, or one
year after enactment. Provides that nothing
iki/CRS-RL33157in the self-sufficiency plan provisions shall
g/wbe construed to establish a private right or
s.orcause of action against a state for failure to
leakcomply with the provisions or to limit
claims that might be available under other
://wikifederal or state laws. Requires the
httpGovernment Accountability Office to submit
a report to the Ways and Means and Finance
Committees evaluating the implementation
of the universal engagement provisions of
the bill. [Section 110(a) of S. 667]
Imposes a penalty on states for failure toImposes a penalty on state for failure to
establish self-sufficiency plans by revisingestablish self-sufficiency plan by revising the
the penalty provision for failure to meetpenalty provision for failure to achieve work
TANF work participation standards.participation standard. Provides failure to
Provides failure to comply with self-comply with self-sufficiency requirements
sufficiency requirements and/or achieveand/or achieve work participation standards
work participation standards would result inwould result in a penalty of up to a 5%
a penalty of up to a 5% reduction in thereduction in the TANF grant for the first
TANF grant for the first violation (more forviolation (more for subsequent violations).
subsequent violations), based on the degree(The bill does not contain the “substantial
CRS-36
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
of substantial noncompliance. Thenoncompliance” language of S. 667.)
Secretary is directed to take various factors[Sections 2011(b) 8109(b)] See Penalty for
into account in setting the penalty. TheseFailing Participation Rate, below.
factors include the number or percentage of
families for whom a self-sufficiency plan is
not established in a timely fashion, duration
of delays, whether the failures are isolated
and nonrecurring, and the existence of
systems to ensure establishment and
monitoring of plans. Penalty may be
reduced if the failure is due to circumstances
that caused the state to meet the criteria for
iki/CRS-RL33157contingency funds or is due to extraordinary
g/wcircumstances such as a natural disaster or
s.orregional recession. Requires Secretary, in a
leakwritten report to Congress, to justify any
waiver or penalty reduction due to
://wikiextraordinary circumstances. [Section
http110(a) of S. 667]
ionsIf person in a family receiving TANF assistanceNo provision (maintains current law).If a person in a family receiving TANF
refuses to engage in required work, the stateassistance fails to engage in required activities
viduals forshall reduce aid to the family pro rata (or more,and the family does not otherwise engage in
usal at state option) with respect to the period ofactivities in accordance with its self-
work refusal, or shall discontinue aid, subject tosufficiency plan, the state must impose a
good cause and other exceptions that the statepenalty as follows: (a) If the failure is partial
may establish. [Section 407(e) of the SSA]or does not last longer than one month, the
state must reduce assistance to the family pro
rata (or more, at state option) with respect to
any period of failure during the month, or
shall end all assistance to the family, subject
to good cause exceptions that the state may
establish; (b) If the failure is total and persists
for at least two consecutive months, the state
CRS-37
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
must end all cash payments to the family,
including state-funded MOE payments, for at
least one month and thereafter until the person
participates, subject to good cause exceptions
that the state may establish. Exception: If a
state constitution or a state statute enacted
before 1966 obligated local government to
provide assistance to needy parents and
children, the state has one year to comply with
this requirement. [Sections 2012(f) and
Exception: a state may not penalize a singleNo provision (retains current law).Same as S. 667.
iki/CRS-RL33157parent caring for a child under age 6 for refusal
g/wto work if the parent has a demonstrated
s.orinability to obtain needed child care that is
leakappropriate, suitable, and affordable. [Section
://wiki
httpA state must engage a specified percentage ofA state must engage a specified percentageA state must engage a specified percentage of
ationfamilies containing adult or teen parentof families containing adult or minor headsfamilies with a work-eligible person in direct
andardsrecipients in creditable work activities. Sinceof households in the assistance unit inwork or alternative self-sufficiency activities
FY2002, the participation standard has beencreditable activities. Participation standardschosen by the state. Participation standards
50% for all families (and since FY1999 it hasareare same as S. 667. A work-eligible person is
been 90% for the two-parent component of thedefined as a household head who is in the50% in FY2006
caseload). [Section 407(a) of the SSA]assistance unit, or would be in the unit if not55% in FY2007
sanctioned. [Sections 2012(b) and 8110(a)]60% in FY2008
65% in FY2009
[Section 109(b) of S. 667]
CRS-38
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
Required participation rates may be reduced byRequired participation rates may be reducedRequired participation rates may be reduced
a caseload reduction credit (see below).by caseload reduction or employmentby caseload reduction and “superachiever”
credits, but a cap is placed on these credits.credits (see below).
Employment credits (or caseload reduction
credits or a combination of the two) may not
reduce participation standards below:
10% in FY2006
20% in FY2007
30% in FY2008
40% in FY2009
iki/CRS-RL33157[Section 109(c) of S. 667]
g/wEffective October 1, 2002, eliminates theEffective October 1, 2005, eliminates the
s.orseparate standard for two-parent families.separate standard for two-parent families.
leakAlso forgives states penalized for failing the[Sections 2012(a) and 8110(a)]
://wikitwo-parent standard in FY2002-FY2004.
http[Section 109(a) of S. 667]
Work participation standards are reduced by aRetains current law caseload reduction creditMeasures caseload reduction from a moving
duction Creditcaseload reduction credit: for each percentfor FY2006 and FY2007 (subject to thebase year (rather than from FY1995) and
decline in the caseload from the FY1995 levellimits shown above). Effective October 1,shortens the measuring interval. Also changes
(not attributable to policy changes), the work2007, replaces the caseload reduction creditthe eligibility criteria base year from FY1995
participation standard is reduced by onewith an employment credit (subject to limitsto the new moving base. For FY2006, the
percentage point. [Section 407(3) of the SSA]shown above). [Section 109(d) of S. 667]credit is based on the percent decline in the
caseload from FY1996 (not due to changes in
eligibility criteria from FY1996); for FY2007,
the base year is FY1998; for FY2008,
FY2001. For FY2009 and every year
thereafter, the measuring interval is three
years. [Sections 2012(c) and 8110(b)]
No provision.Establishes a “superachiever” caseload
reduction credit for a state with a reduction in
CRS-39
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
FY2001 of at least 60% (for any reason) from
FY1995 level. Places a cap on this credit (20
percentage points for FY2008, lesser amounts
for earlier years). [Sections 2012(d) and
ploymentNo provision.Establishes a percentage pointNo provision.
edit“employment” credit against the work
participation standard (subject to limits
described above). Essentially, the credit
equals a multiple of the percentage of TANF
families in a month who leave ongoing cash
assistance with a job. It is calculated by
iki/CRS-RL33157dividing (a) twice the quarterly average
g/wunduplicated number of families with an
s.oradult or minor head of household recipient
leakwho leaves welfare and was employed in the
following quarter; by (b) the average
://wikimonthly number of families with an adult or
httpminor head of household recipient who
received assistance during a recent four-
quarter period. At state option, calculations
could include in the numerator: (1) twice
the quarterly average number of families
that received non-recurring short-term
benefits rather than ongoing cash and who
earned at least $1,000 in the quarter after
receiving the benefit, and (2) twice the
quarterly average number of families that
included an adult who received substantial
child care or transportation assistance and
earned at least $1,000 in the quarter. If both
these options were taken, the denominator
would be increased by twice the number of
CRS-40
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
families that received non-recurring short-
term benefits during the year and by twice
the quarterly average number of families
with an adult who received substantial child
care or transportation assistance. In
consultation with directors of state TANF
programs, the Secretary is to define
substantial child care or transportation
assistance, specifying a threshold for each
type of aid — a dollar value or a time
duration. The definition must take account
of large one-time transition payments.
iki/CRS-RL33157[Section 109(d) of S. 667]
g/w
s.orGives extra credit — as 1.5 families — to a
leakfamily whose earnings during the preceding
fiscal year equaled at least 33% of the state’s
://wikiaverage wage. [Section 109(d) of S. 667]
http
Authorizes and requires the HHS Secretary
to use information in the National Directory
of New Hires to calculate state employment
credits. If the TANF leaver’s employer is
not required to report new hires, the
Secretary must use quarterly wage
information submitted by the state. To
calculate employment credits for families
who received non-recurring short term
benefits and for those who received
substantial child care and transportation
assistance, the Secretary is to use other
required data. By August 31 of each year,
the HHS Secretary must notify each state of
CRS-41
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
the amount of the employment credit that
will be used in calculating participation rates
for the immediately succeeding fiscal year.
[Section 109(d) of S. 667]
Sets October 1, 2007 as the effective date for
replacement of the caseload reduction credit
by the employment credit, but permits states
to have a one-year delay. If a state makes
this choice, its adjusted work participation
standard for FY2008 shall be determined by
using both the caseload reduction credit and
iki/CRS-RL33157the employment credit (one-half credit for
g/weach). [Section 109(d) of S. 667]
s.or
leak
://wiki
http
CRS-42
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
udy of theNo provision.Requires the Secretary of HHS to conduct aNo provision.
ploymentstudy of the design of the employment credit
editand report to the Senate Finance Committee
and House Ways and Means Committee by
September 30, 2009. [Section 109(d)]
lculation ofThe monthly participation rate, expressed as aSimilar to current law, except that states areParticipation rates equal the share of hours
ationpercentage, equals (a) the number of allgiven partial, full, or extra credit for familiesspent in creditable activities out of a potential
esrecipient families in which an individual isdepending on the average number of hourstotal of 160 hours monthly per counted family.
engaged in work activities for the month,per week in which they engage in activities.Monthly participation rate, expressed as a
divided by (b) the number of recipient families(See Hours, below).percentage, is (a) the total number of
with an adult recipient or minor head ofcountable hours, divided by (b) 160 times the
household. The annual participation rate,number of counted families for the month.
iki/CRS-RL33157which is compared against the participation[Sections 2012(b) and 8110(a)]
g/wstandard, is the average of the monthly
s.orparticipation rates. [SSA, Section 407(b)(1)]
leakfant ExemptionStates may exempt the parent of a child underPermits states to exclude all families withSimilar to S. 667, but does not include the 12-
://wiki the Workage 1 from work and exclude them from theinfants (not just single parent families) frommonth in a lifetime limit on this exclusion.
httprticipationcalculation of work participation rates.work participation calculations on a case-by-[Sections 2012(b) and 8110(a)]
eExclusion is limited to 12 months in a lifetime.case basis. Limits this exclusion to 12
[SSA, Section 407(b)(5)]months in a lifetime. [Section 109(e) of S.
ludingNo provision.Permits states to exclude a new group fromSimilar to S. 667, but does not specify that the
milies in Theirwork participation calculations — familiesexclusion is to be made on a case-by-case
rst Month ofin first month of assistance. Determinationbasis. [Sections 2012(b) and 8110(a)]
is made on a case-by-case basis. [Section
rticipation
e
CRS-43
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
ent ofStates may exclude from the work participationNo provision, retains current law.Same as S. 667. [Sections 2012(b) and
ionedrate calculation families subject to sanctions for8110(a)]
milies in therefusal to comply with work requirements.
Exclusion is limited to three months in a 12-
rticipationmonth period. [Section 407(b)(1) of the SSA]
e
nalty forParticipation rates are enforced by a penalty onProvides that penalty (beginning forNo provision, retains current law.
gstates: loss of 5% of the state’s basic grant forFY2007) must be based on the degree of
ationfirst year of violation (higher penalty for repeatsubstantial noncompliance. Directs the
eviolations). Penalty must be based on theSecretary to take into account factors such as
degree of noncompliance and may be reducedthe degree to which the state missed the
if the noncompliance is due to circumstancesparticipation rate, the change in the number
iki/CRS-RL33157that made the state needy under the contingencyof persons engaged in work since the prior
g/wfund definition or due to extraordinaryyear, and the number of consecutive years in
s.orcircumstances such as a natural disaster orwhich the state failed to achieve the work
leakregional recession. State must replace therate. Penalty may be reduced if the failure is
amount of federal penalty funds with its owndue to circumstances that caused the state to
://wikifunds. [Section 409(a)(3) of SSA] In addition,meet the criteria for contingency funds or is
httpthe state’s MOE spending requirement risesdue to extraordinary circumstances such as
from 75% to 80% of its historic level.a natural disaster or regional recession.
Requires Secretary, in a written report to
Congress, to justify any waiver or penalty
reduction due to extraordinary
circumstances. [Section 110(a) of S. 667]
CRS-44
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
States that fail to meet work participationIf the Secretary accepts a state’s correctiveNo provision.
standards may file a corrective compliance plancompliance plan for failure to meet work
with the Secretary of HHS. The correctiveparticipation standards and the state has at
compliance plan outlines what the states will doleast a 5 percentage point improvement in its
to correct or discontinue its failure to meet thework participation rate over the previous
standards. The Secretary may not impose theyear, the Secretary shall not impose a
penalty if the state corrects the violation of thefinancial penalty on the state. [Section
work standards. [Section 409(c) of the SSA]111(b) of S. 667]
untable Activities
ore” Activities. Federal law lists nine priority activities thatRetains current law list of nine priorityLists six “direct” work activities:
tivitiesmust account for most weekly hours:activities as “direct work” activities. — unsubsidized jobs;
iki/CRS-RL33157ary Work — unsubsidized jobs; — subsidized private jobs; — subsidized private jobs; — subsidized public jobs;
g/wtivities of — subsidized public jobs; — on-the-job training;
s.or — work experience — supervised work experience, and
leak — on-the-job training; — supervised community service.
://wiki — job search (usual limit, six weeks per fiscal
httpyear)[Sections 2012(e) and 8110(d)]
— community service;
— vocational educational training (limited to
— providing child care for participants in
community service programs. [Section 407(d)
of the SSA]
CRS-45
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
alifiedNo provision.For three months in a 24-month period,For three months within a 24-month period,
tivities. seven additional activities may substitutepersons participating in short-term “qualified”
tivities thatfor, or be in conjunction with, direct workactivities chosen by the state to promote self-
ubstituteactivities:sufficiency may substitute for or be in
— postsecondary education;conjunction with direct work activities
njunction with, — adult literacy programs or activities;(examples listed in the bill are substance
re Activities — substance abuse counseling or treatmentabuse counseling or treatment; rehabilitation
imited(including drug or alcohol abuse counselingtreatment and services; work-related education
e.or treatment);or training directly enabling the family
— programs or activities designed tomember for work; and job search or job
remove work barriers, as defined by thereadiness assistance). A fourth month in the
state;24-month period is allowed if needed to
iki/CRS-RL33157 — work activities authorized under anycomplete an education or training program.
g/wwaiver for any state that was continued[Sections 2012(e) and 8110(d)]
s.orunder Section 415 before the date of
leakenactment of this bill;
— money management classes; and
://wiki — parenting skills classes.
http
[Section 109(c) of S. 667]
entalFor most recipients, hours of participation inRetains current law list of threeHouse Ways and Means Committee Provision:
tivities. these activities are countable only insupplemental activities, and adds: marriage
tivitiesconjunction with participation in priorityeducation, marriage skills training, conflictStates may define any other activity as
activities (and with a minimum number ofresolution, and programs to promotecountable (generally for non-core hours) so
nerally Only inhours in priority activities). Federal law listsmarriage. [Section 109(g)] Also permitslong as it leads to self-sufficiency and is
njunction withthree such activities:states to count all “qualified activities” (seeconsistent with the purposes of TANF. States
above), as well as job search and vocationalmay only count up to 16 hours per week of
ualified” — job skills training directly related toeducational training (beyond the usual timethese activities toward a family’s total hours.
tivities.employment;limits) as supplemental activities once a[Section 8110(d)]
— education directly related to employment;family has the minimum number of hours of
and“direct work” participation.House Education and Workforce Provision:
— progress toward completion of secondary[Section 109(g) of S. 667]Same as above (Ways and Means provision),
school.except it also requires work-eligible persons
CRS-46
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
[Section 407(d) of the SSA] See Requiredwith minor children in school to make at least
Hours of Work, below.two verified visits to the school per school
year, and have those hours counted as part of
the 16 hours per week allowed for
supplemental activities. [Section 2012(e)]
No provision. Postsecondary education notThree months of postsecondary education isNo provision. However, postsecondary
ucationclassified as “vocational educational training”countable as a “qualified activity” (seeeducation may be a state-defined “qualified”
is not countable toward TANF workabove).or “supplemental” activity.
participation standards.
Allows states to establish a program (under
Section 107) of undergraduate
postsecondary education (parents as
iki/CRS-RL33157scholars) or vocational educational training
g/wfor TANF recipients, former recipients, and
s.orother low income parents. For TANF
leakrecipients, hours of participation in the
program would be countable toward meeting
://wikistate work requirements. Students could
httpalso receive credit for hours spent in one of
the nine “direct” work activities of current
law or in work study, practicums,
internships, clinical placements, laboratory
or field work, or other activities that would
enhance their employability, as determined
by the state, or in study time (at the rate of
not less than one hour for every hour of class
time and not more than two hours for every
hour of class time). Students’ total time in
education, core work, work study, laboratory
or field work, study time, etc., would be
countable against hours requirements. Also,
students could be credited as one working
family if, in addition to complying with the
CRS-47
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
full-time educational participation
requirements of their educational program,
they engaged in one of the countable work
activities above for at least the following
number of hours: six hours weekly in the
first year, eight hours in the second year, 10
hours in the third year, and 12 hours in the
fourth and any later year. For good cause,
states could modify these hour requirements.
To be eligible for these programs, recipients
would be required to maintain satisfactory
academic progress (as defined by the
iki/CRS-RL33157institution operating the program). With
g/wgood cause exceptions, participants would
s.orbe required to complete requirements of a
leakdegree or vocational educational training
program within the normal time frame for
://wikifull-time students. [Section 107(d) of S.
http 667]
No provision.Recipients engaged in qualified activitiesNo provision.
habilitativeconsidered rehabilitative (adult basic
tivitieseducation, or substance abuse treatment) for
three months, may have an additional three
months (known as the 3+3 program) of
participation in those activities counted if
combined with direct work activities.
[Section 109(f) of S. 667]
CRS-48
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
Additionally, if a recipient has treatment of
disabilities or substance abuse in her family
self-sufficiency plan and the state has
developed collaborative relationships with
rehabilitation agencies, the recipient may
continue to have participation in such
activities countable without time limit if
combined with a minimum of 10 hours of
participation in a direct work activity.
[Section 110(b) of S. 667]
iki/CRS-RL33157
g/w
s.or
leak
://wiki
http
CRS-49
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
ring for aNo provision.Permits a state to deem a single parentNo provision.
ilycaring for a dependent with a physical or
bermental impairment to be meeting all or part
of the family’s work requirement. [Section
ctivities inNo provisions.Permits a state to define countable workNo provision.
activities for persons complying with a
family self sufficiency plan and living in
areas of Indian country or an Alaskan native
village with high “joblessness.” To qualify
for this option, the state must include in its
TANF plan a description of its policies for
iki/CRS-RL33157these areas. Also, as noted above, allows
g/wstates to define work-barrier removal
s.oractivities and to adopt activities authorized
leakunder any waiver for any state that was
://wikicontinuing before the date of enactment.
http[Section 109(f) of S. 667]
merical LimitsNo more than 30% of persons credited withContinues the 30% cap, but provides that itNo numerical cap on educational activities.
ocationalwork may consist of persons participating indoes not apply to persons in a 3+3 program
vocational educational training or may be teenreceiving qualified rehabilitative services or
parents who are deemed to be working becauseto persons engaging in vocational
of satisfactory attendance at secondary schooleducational training as a supplementary
or because of spending 20 hours weekly inactivity after meeting the 24-hour “direct
education directly related to employment.work” requirement. [Section 109(f) of S.
[Section 407(c)(2)(D) of SSA]667]
quired HoursGenerally, to count toward the all-family rate,Establishes standard TANF work weeks asEstablishes a 160-hour-per-month work
Work Activityaverage weekly participation of 30 hours (20follows: 24 hours for a single parent with astandard. [Sections 2012(b) and 8110(a)]
hours in priority work activities) is required.child under age 6; 34 hours for a single
However, in the case of single parents with aparent with a child over 6 (with 24 hours inGenerally, states must engage all families with
preschool age child (who constitute half of alla priority activity) 39 hours for a two-parenta “work- eligible” member in a direct work
CRS-50
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
TANF cases), the hours requirement is 20 perfamily (but 55 hours if that family receivesactivity or alternative self-sufficiency activity
week. For two-parent families the standard isfederally funded child care) — with mostfor an average of 40 hours weekly (the actual
35 hours (30 in priority work activity), buthours in a priority activity. Familiesstandard is 160 hours per month, equal to a
increases to 55 hours (50 in priority activities)meeting the standard are counted as oneweekly average of 37 hours) — of which 24
if the family receives federally-subsidized childfamily in calculating the state’s workhours must be in one of the direct work
care. [Section 407(c)(1) of the SSA] For aparticipation rate. Those exceeding theactivities listed in the law and up to 16 hours
single parent caring for a child under age 6, 20standard receive extra credit, and some whomay be in a TANF-purposeful activity chosen
hours of participation satisfies the standard.fall short of the standard receive partialby the state.
[Section 407(c)(2)(B) of the SSA]credit (see below). Average weekly hours
are computed by dividing monthly hours of
participation by 4. [Section 109(f) of S.
iki/CRS-RL33157Teen parents are deemed to meet the weeklyEssentially the same as current law.Essentially the same as current law. Teen
g/whour participation standard by maintainingFamilies with a teen parent who maintainsparents are deemed to satisfy the (40-hour
s.orsatisfactory attendance in secondary school (orsatisfactory school attendance or participatesweekly) work rule by virtue of satisfactory
leak
the equivalent in the month) or by participatingin education directly related to employmentschool attendance (or the equivalent in the
://wikiin education directly related to employment forfor an average of 20 hours weekly aremonth) or by participating in education
httpan average of 20 hours weekly. [Sectioncounted as one working family toward thedirectly related to employment for an average
407(c)(2)(C) of the SSA]participation standards. [Section 109(f) of S.of 20 hours weekly [Sections 2012(e) and
rtial WorkNone.Families who meet core work requirementsFamilies who meet the 24-hour weekly direct
editbut fail the full standard receive partialwork requirement but fail the 40-hour
credit as follows: Credited as .675 of astandard, receive pro-rata credit for all hours
family are single parent families (with orworked (but zero credit unless they meet the
without a child under six) who have 20-2324-hour direct work rule). [Sections 2012(b)
hours of work and two-parent families withand 8110(a)]
26-29 hours of work (40-44 hours if they
receive federally subsidized child care).
Counted as .75 of a family are single parent
families without a preschool child who work
24-29 hours and two-parent families with
CRS-51
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
30-34 hours (45-50 if they receive child
care). Counted as .875 of a family are single
parent families without a preschool child
who work 30-33 hours and two-parent
families who work 35-38 hours (51-54 hours
if they receive child care). [Section 109(f)
of S. 667]
tra WorkNone.Families that exceed the standard hourlyCounts all hours worked above the 40-hour
editwork requirement receive extra credit, asfull weekly standard, provided 24 hours are
follows. Credited as 1.05 of a family arespent in direct work (or, for a limited time, in
single-parent families who work 35-37 hourscertain other qualified activities) and no more
iki/CRS-RL33157and two-parent families who work 40-42hours (56-58 hours if they receive childthan 16 hours are in non-priority activities.[Sections 2012(e) and 8110(d)]
g/wcare). Credited as 1.08 of a family are
s.orsingle-parent families who work 38 or more
leak
hours and two-parent families who work 43
://wikior more hours (59 or more hours if they
httpreceive child care). [Section 109(f) of S.
er Requirements with Respect to Families Receiving Assistance
ug TestingStates are given the authority to test welfareNo provision (retains current law).States are required to test applicants and
recipients for use of controlled substances andrecipients of TANF for use of drugs if the
sanction recipients who test positive forstate has a reason to believe he or she has
controlled substances. [Section 902 of therecently used a controlled substance. If the
Personal Responsibility and Work Opportunityapplicant or recipient tests positive for drug
Reconciliation Act.]use, or if the state otherwise determines that
he or she has recently used drugs, the state
must ensure that the family self-sufficiency
plan addresses the use of the substance;
suspend cash assistance to the family until a
subsequent test shows no drug use; and
CRS-52
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
require the applicant or recipient to undergo
periodic drug tests (every 30 or 60 days) as a
condition of receiving cash assistance.
Requires states to terminate participation in
the program of a family for three years if a
recipient member fails the drug test at least
three consecutive times (states may set a laxer
requirement, allowing failure of the drug test
for up to six consecutive times).
The Secretary of HHS is required to penalize
iki/CRS-RL33157a state that does not comply with this
g/wrequirement. The penalty is a minimum of
s.or5% of the state’s block grant, and a maximum
leakof 10% of the state’s block grant, with the
://wikiSecretary determining the exact penaltyamount. [Section 8122]
http
ility forFederal TANF funds cannot be used to assist anPermits states to use federal TANF funds toNo provision (retains current law).
arentsunmarried teen parent (under the age of 18)assist an unmarried teen parent for up to 60
who does not reside in the home of her parentsdays. Adds transitional living youth projects
or in another adult supervised setting. The stateto the accepted living situations for a teen
must assist such a teen parent in locating aparent receiving TANF assistance. [Section
second chance home, maternity home, or other110(b) of S. 667]
appropriate adult-supervised supportive living
arrangement unless the state determines that the
individual’s living arrangement is appropriate.
splacement ofA recipient may fill a vacant employmentProvides that an adult recipient cannotNo provision (retains current law).
position. However, no adult in a work activitydisplace any employee or position (including
that is funded in whole or in part by federalpartial displacement), fill any unfilled
funds may be employed or assigned whenvacancy, or perform work when any
CRS-53
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
another person is on layoff from the same orindividual is on layoff from the same job or
any substantially equivalent job, or if thesubstantially equivalent job. TANF work
employer has ended the employment of anyactivities cannot impair existing contracts or
regular employee or otherwise caused anservices; be inconsistent with any law,
involuntary reduction in its workforce in orderregulation, collective bargaining agreement;
to fill a vacancy with a TANF recipient. Theseor infringe on the recall rights or
provisions do not preempt any provision ofpromotional opportunities of any worker.
state or local law that provides greaterTANF work activities must be in addition to
protection against displacement. States areany activity that would otherwise be
required to have a grievance procedure toavailable and not supplant the hiring of a
resolve complaints of displacement ofnon-TANF worker.
permanent employees.
iki/CRS-RL33157Requires states to have a grievance
g/wprocedure for resolving complaints,
s.orincluding the opportunity for a hearing, and
leaksets time standards for the process. It
://wikiprovides remedies for a violation of the non-displacement provisions, including
httptermination and suspension of payments,
prohibition on placement of the participant,
reinstatement of the employee, or other
relief to make the aggrieved employee
whole. These provisions do not preempt or
supersede any state or local law that
provides greater protection. [Section 119(c)
of S. 667]
CRS-54
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
Federal TANF grants may not be used to aid aModifies this exclusion, providing thatNo provision (retains current law).
hs Towardfamily with an adult who has received 60months in which an adult lives in Indian
e TANF Timemonths of assistance. Months in which an adultCountry with a jobless rate among adult
mit for Monthslives in Indian Country with a jobless rate ofrecipients of 40% or more are not countable
50% or more are not counted toward the 60toward the time limit. The 40% threshold is
ry Areasmonth time limit.dropped down to 35% if the state meets any
ith Joblessnessof the needy state criteria under the
contingency fund or if the tribe meets
criteria for contingency funds.
Modifications do not apply to Alaska.
[Section 110(c) of S. 667]
iki/CRS-RL33157r omotion
g/w Goals andTwo purposes relate to marriage. One goal is toThe stated purpose of promoting theThe stated purpose of promoting the formation
s.orrposesend dependency of needy parents onformation and maintenance of two-parentand maintenance of two-parent families is
leakgovernment benefits, with one of the statedfamilies is modified to read: encourage themodified to read: encourage the formation
means of accomplishing the goal specified asformation and maintenance of healthy two-and maintenance of healthy, two-parent
://wikimarriage. A second purpose is to encourage theparent married families, and encouragemarried families, and encourage responsible
httpformation and maintenance of two-parentresponsible fatherhood. [New language infatherhood. [Section 8101]
families.italics] [Section 103(e) of S. 667]
nding forNo provision for special grants. States may useAppropriates $100 million annually forAppropriates $100 million annually for
TANF block grants to promote formation andFY2005 through FY2010 for 50%FY2006 through FY2010 for 50% competitive
omotionmaintenance of two-parent families (programcompetitive matching grants to states, Indianmatching grants to states, territories, and tribal
ing Grantsgoal no. 4) and to promote marriage as a meanstribes, and tribal organizations for programsorganizations for programs to promote and
of ending dependence on government benefitsto promote and support healthy married two-support healthy, married two-parent families.
(goal no. 2).parent families. [Section 103(b) of S. 667]Similar to S. 667, but does not include “Indian
tribes” as a potential grant recipient. [Section
CRS-55
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
Makes funds appropriated for each of
FY2006 through FY2010 available to the
Secretary until expended. Also, permits
grantees to use funds without fiscal year
deadline. [Section 103(b) of S. 667]
Provides that federal TANF funds used forProvides that federal TANF funds used for
marriage promotion may be treated as statemarriage promotion must be treated as state
matching funds for marriage promotionmatching funds for marriage promotion
grants [Section 103(b) of S. 667]grants. [(Section 8111(b)(1)]
Provides that general rules governing uses ofNo provision.
TANF block grant funds (other than
iki/CRS-RL33157administrative limit) shall not apply to
g/wmarriage promotion grants. [Section 103(b)
s.orof S. 667]
leakNo provision. (TANF and MOE funds may beGrants may be used for: advertisingGrants may be used for: advertising
://wikitivities forused for marriage promotion activities.)campaigns; education in high schools;voluntary marriage education, marriagecampaigns; education in high schools;marriage education, marriage skills and
httpotionskills and relationship skills programs thatrelationship skills programs that may include
antsmay include parenting skills, financialparenting skills, financial management,
management, conflict resolution, and jobconflict resolution, and job and career
and career advancement for non-marriedadvancement for non-married pregnant
pregnant women and expectant fathers;women and expectant fathers; pre-marital
voluntary pre-marital education andeducation and marriage skills training for
marriage skills training for engaged couplesengaged couples and individuals and couples
and individuals and couples interested ininterested in marriage; marriage enhancement
marriage; voluntary marriage enhancementand marriage skills training programs for
and marriage skills training programs formarried couples; divorce reduction programs;
married couples; voluntary divorcemarriage mentoring programs; programs to
reduction programs; voluntary marriagereduce marriage disincentives in means-tested
mentoring programs; programs to reduceprograms, if offered in conjunction with any
marriage disincentives in means-testedother listed activity. [Section 8103(b)]
CRS-56
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
programs, if offered in conjunction with any
other listed activity. [Section 103(b) of S.
mesticNo provision.Forbids award of a healthy marriageForbids the award of a healthy marriage
olencepromotion grant unless the applicantpromotion grant unless the applicant agrees to
ovisionsconsults with organizations that haveconsult with experts in domestic violence or
demonstrated expertise in working withrelevant community domestic violence
survivors of domestic violence; thecoalitions and the application describes how
application describes how thethe program/activities will deal with issues of
program/activities will deal with issues ofdomestic violence. [Section 8103(b)]
domestic violence; establishes written
iki/CRS-RL33157protocols that provide for the identificationof instances and risks of domestic violence;
g/wspecifies procedures for making service
s.orreferrals and providing protections. [Section
leak
://wikiquirements forNo provision.Requires that participation in marriageSame as S. 667. [Section 8103(b)]
httpluntarypromotion activities (other than media
rticipationcampaigns and high school education) is
voluntary. Requires that the application for
the grant describe what the grantee will do
to ensure that participation in programs and
activities is voluntary.
Applications for healthy marriage promotionSame as S. 667. [Section 8103(b)]
grants must state what will be done to ensure
that potential participants are informed that
participation is voluntary.
CRS-57
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
luntaryGrantees must provide assurances that, withNo provision.
rticipation andrespect to recipients of TANF assistance,
they are informed that participation is
NF Assistancevoluntary, that they may choose to disenroll
from the program at any time, and they may
be reassigned to other activities.
Recipients of cash assistance may not be
sanctioned for withdrawing from, or failing
to participate in marriage promotion
activities. [Section 103(b) of S. 667]
anceNo provision.Requires grantees to establish performanceNo provision.
iki/CRS-RL33157quirementsgoals that clarify the primary objective offunded programs is to increase the incidence
g/wand quality of healthy marriages and not
s.orsolely to expand the number or percentage
leak
of married couples.
://wikiRequires grantees to submit annual reports
httpto the Secretary of HHS that describe the
written protocols established to identify
domestic violence, identify who was
consulted in the development of the
protocols, describe who provided training
for grantees on domestic violence, and
describe implementation issues with respect
to domestic violence.
CRS-58
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
The Secretary of HHS is required to submit
a report to Congress every six months
providing: the name of each program or
activity funded with marriage promotion
grants; description of types of services
offered under the program; criteria for the
selection of programs or activities funded
with the grant; total number of individuals
served by the programs; total number of
individuals who completed the program; and
total number of individuals who did not
complete the program; and summaries of
iki/CRS-RL33157written domestic violence protocols, who the
g/wgrantees consulted with regard to domestic
s.orviolence, and training provided to grantees
leakon domestic violence. [Section 103(b) of S.
://wiki 667]
http
CRS-59
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
No special provision to fund research orAppropriates $100 million each for FY2005Appropriates $102 million each for FY2006
monstrationsdemonstrations. However, available TANFthrough FY2010 for research andthrough FY2010 for research and
research funds (see Research anddemonstration projects and for technicaldemonstration projects and for technical
omotionDemonstrations, below) and other researchassistance to states, tribal organizations, andassistance to states, tribal organizations, and
funds provided to the Department of Health andother entities chosen by the Secretary.other entities chosen by the Secretary.
Human Services may be used to evaluateSpecifies that 80% of these funds must beSpecifies that these funds must be spent
marriage promotion initiatives.spent on research and demonstrationprimarily on activities allowed under marriage
projects, or for providing technicalpromotion grants (see above). (Sets aside $2
assistance, in connection with activitiesmillion yearly for demonstration projects for
allowed under marriage promotion grantscoordination of child welfare and TANF
(see above). Provides that all appropriatedservices to tribal families at risk of child abuse
funds shall remain available until expended.or neglect.) [Section 8115(a)]
iki/CRS-RL33157[Section 114(a) of S. 667]
g/wovisions toNo provision.Forbids Secretary to pay these researchRequires that participation in marriage
s.oromesticfunds to an entity that has not consulted withpromotion activities is voluntary and that
leakolence andorganizations that have demonstratedgrantees consult with experts in domestic
://wikiluntaryexpertise in working with survivors ofviolence issues.
httprticipationdomestic violence; describe in the
application for a grant how the programs or
search Fundsactivities will appropriately address
domestic violence; establish written
protocols to help identify instances or risks
of domestic violence; specify procedures for
making service referrals; establish
performance goals for the program; and
submit reports annually to the Secretary of
HHS (see marriage promotion grants,
above).
CRS-60
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
Requires applications for the grant to
describe what the grantee will do to assure
that participation in marriage promotion
activities is voluntary, and inform potential
recipients that their participation is
voluntary. [Section 114(a) of S. 667]
lans, Data Reporting, Research (Other than Marriage Promotion) and Other Provisions
lanEach state must outline (generally in a planNo provision (though additional state planAdds requirement that each state must
quirementseffective for three fiscal years), how it intendsprovisions are described below).describe what it will do to end dependence of
to: conduct a program providing cashneedy families on government benefits and
assistance to needy families with children andreduce poverty by promoting job preparation
iki/CRS-RL33157providing parents with work and supportservices; take steps deemed necessary by theand work and; encourage formation andmaintenance of healthy, two-parent married
g/wstate to restrict use and disclosure offamilies, encourage responsible fatherhood,
s.or
leakinformation about recipients; and conduct aand prevent and reduce the incidence of out-
program providing education and training onof-wedlock pregnancies. [Sections 2013 and
://wikithe problem of statutory rape. In addition, the8112].
httpplan must indicate whether the state intends to
aid noncitizens; set forth objective criteria for
benefit delivery and for fair and equitable
treatment. In the plan the state must certify that
it will operate a child support enforcement
program and a foster care and adoption
assistance program and provide equitable
access to Indians ineligible for aid under a tribal
plan. It must certify that it has established
standards against program fraud and abuse. It
must specify which state agency or agencies
will administer and supervise TANF. In
addition, the state may opt to certify that it has
established and is enforcing procedures to
screen and identify recipients with a history of
CRS-61
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
domestic violence, to refer them to services,
and to waive program rules for some of them.
[Section 402(a) of the SSA]
rticipation ofNo state plan provision.If the state is undertaking strategies orThe state plan must describe strategies or
ith-basedprograms to engage faith-basedprograms to engage faith-based organizations
ganizations inorganizations in the delivery of TANFin the delivery of TANF services, or that
ovision ofservices, or that otherwise relate to theotherwise relate to the charitable choice
charitable choice provisions of P.L. 104-193,provisions of P.L. 104-193. [Section 8112(a)]
the state plan must describe such strategies
and programs. [Section 101(a) of S. 667]
Unless the governor opts out by notice to HHS,Eliminates this requirement. [Section 101(a)Same as S. 667. [Sections 2013 and 8112(a)]
iki/CRS-RL33157quirement forthe state will require a parent who has receivedof S. 667]
g/wmmunityTANF for two months and is not work-exempt
s.oroto participate in community service
leakhs employme nt.
://wikianceState plans must establish goals and take actionto prevent/reduce the incidence of out-of-States must establish measurableperformance objectives for pursuing allState plans must include measurableperformance objectives for accomplishing
httpwedlock pregnancies.TANF purposes (current law only specifiesending dependence of needy families on
establishment of goals for reducing out-of-government benefits and reducing poverty and
wedlock pregnancies). These goals are tofor encouraging the formation and
give consideration to those developed by themaintenance of two-parent married families,
Secretary of HHS in establishingencouraging responsible fatherhood, and
performance targets for the employmentreducing the incidence of out-of-wedlock
bonus (see above) and additional criteriapregnancies. [Sections 2013 and 8112(a)]
related to other TANF purposes developed
by the Secretary (in consultation with state
groups).
CRS-62
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
State plan is to describe strategies andSame as S. 667. [Sections 2013 and 8112(a)]
rategiesprograms the state is using or plans to use to
address employment retention and
advancement for recipient of assistance;
efforts to reduce teen pregnancy; services
for struggling and noncompliant families;
and program integration, including the
extent to which employment and training
services are provided through One-Stop
Career Centers created under the Workforce
Investment Act. State plan is to describe
strategies to improve program management
iki/CRS-RL33157and performance. [Section 101(a) of S. 667]
g/wscription ofNo provision.Requires the state plan to include, to theNo provision.
s.orssistanceextent applicable, for each program that
leak
sprovides assistance information on its:
://wikifinancial and nonfinancial eligibility rules;
httpamount of assistance; and applicable time
limits and time limit rules. [Section 101(a)
of S. 667]
States must certify that they will provideRequires that the state plan include aRequires tribal family assistance plans to
equitable access to TANF to Indians who aredescription of how the state will ensureprovide assurance that the state in which the
ineligible for tribal family assistance programs.equitable access to TANF to Indians who aretribe is located has been consulted regarding
[Section 402(a) of the SSA]ineligible for tribal family assistancethe plan and its design. [Section 8112(b)]
programs. States must certify that they will
consult with each Indian tribe regarding the
state plan to ensure equitable access, and
provide each member of an Indian tribe in
the state who is ineligible for aid from a
tribal family assistance program with
equitable access to TANF. [Section 113(d)
CRS-63
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
of S. 667] Requires that the certifications
include that tribal governments have been
consulted in the development of the state
plan. [Section 101(a) of S. 667]
No provision.Requires plan to describe how the stateSame as S. 667. [Section 8101(c)]
miliesintends to encourage equitable treatment of
healthy, married two-parent families under
TANF. [Section 101(c) of S. 667]
scription ofNo provision.If state provides TANF-fundedNo provision.
al Statetransportation aid, requires certification by
tions for thethe governor that state and local
iki/CRS-RL33157transportation officials and planning bodies
g/wquirementshave been consulted in development of the
s.orplan. [Section 101(a) of S. 667]
leakIf a state counts caring for a disabled family
://wikimember as a work activity, the state mustdescribe how it will do so.
http
States opting to fund a post-secondary
education program (Parents as Scholars) are
required to file an addendum to the state
plan describing the program’s eligibility
criteria.
States opting to provide continuing
rehabilitative activities are required to file an
addendum to the state plan describing the
process for developing collaborative
relationships between governmental and
private entities and an assurance of regular
contact between the provider and the state.
CRS-64
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
No provision.Requires the HHS Secretary to develop aNo provision.
proposed Standard State Plan Form for use
by states not later than nine months after
date of enactment of the bill. Requires states
to use the standard state plan form
beginning in FY2007. Allows states to
delay submission of state plans until
FY2007.
Requires states to make drafts of proposed
plans (and plan amendments) available to
the public through a state-maintained
iki/CRS-RL33157Internet website and through other meansfound appropriate by the state. States also
g/wmust make TANF state plans in effect for
s.orany fiscal year available to the public, by the
leak
above means. [Section 101(b) of S. 667].
://wikiormanceNo provision. (However for the purpose ofRequires the Secretary, in consultation withSame as S. 667. [Sections 2013 and 8112(c)]
httpawarding performance bonuses, the Secretary isthe states, to develop uniform performance
to develop a formula in consultation with themeasures to judge the effectiveness and
National Governors Association and theimprovement of state programs in
American Public Welfare Association.)accomplishing TANF purposes. [Section
Directs HHS Secretary to rank states in order ofRevises the employment measure to beDeletes “long-term” qualifier from private job
atessuccess in moving recipients into long-term“unsubsidized employment.” Addsmeasure. Adds employment retention and
private jobs and reducing the proportion of out-employment retention and ability to increaseability to increase wages to factors used for
of-wedlock births and in both cases to reviewwages to factors used for rankings. Also,rankings. Also, adds three new ranking
programs of the three states with highest andadds three new ranking factors: the degreefactors: the degree to which recipients have
lowest ratings. [Section 413(d) and(e) of theto which recipients have workplaceworkplace attachment and advancement,
SSA]attachment and advancement, reducing thereducing the overall welfare caseload, and,
overall welfare caseload, and, when awhen a method of calculation becomes
method of calculation becomes practicable,practicable, diverting persons from making
CRS-65
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
diverting persons from making formalformal applications to TANF. [Sections
applications to TANF. [Section 101(e) of S.2013(c) and 8112(d)]
In ranking states, Secretary must take intoNo provision.
account the average number of minor
children living at home in families with
income below the poverty line, the child
poverty rate, and the amount of TANF
funding provided to each state for these
families. [Section 101(e)]
a CollectionStates are required to collect monthly, andRequires quarterly reports to cover familiesSame as S. 667. [Section 8113(a)]
iki/CRS-RL33157ingreport quarterly, disaggregated case recordin MOE-funded separate state programs, as
g/winformation (but may use sample case recordwell as those in TANF state programs.
s.orinformation for this purpose) about recipientPermits the Secretary to limit use of
leakfamilies in the TANF program. [Section 411(a)sampling by designating core elements that
of the SSA]must be reported for all families.
://wiki
http
CRS-66
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
Required family information includes county ofIn terms of data elements, adds race andSame as S. 667.
residence; whether a member receivededucational level of each minor parent.
disability benefits; ages of members; size ofDeletes educational level of each child.
family and the relation of each member to theEliminates reporting of the amount of child
family head; employment status and earnings ofcare and food stamp benefits. Eliminates the
the employed adult; marital status of adults; requirement to report on different types of
amount of unearned income received by familyTANF assistance (conforms reporting with
members; citizenship of family members;new, narrower definition of assistance).
number of families and persons receiving aidRequires information on why a family is on
under TANF (including the number of two-the rolls in excess of 60 months. Requires
parent and one-parent families); total dollarreporting on the date the family first
value of assistance given; total number ofreceived aid on the basis of its most recent
iki/CRS-RL33157families and persons aided by welfare-to-workapplication and the marital status of the
g/wgrants (and the number whose participationparents of any child in the family at the birth
s.orended during a month); number of noncustodialof the child, and if the parents were not then
leakparents who participated in work activities; formarried, whether the paternity of the child
://wikieach teenager, whether he/she is the parent of achild in the family; race and educational levelhas been established. [Section 112(a) of S.667]
httpof each adult; race and educational level of each
child; whether the family received subsidized
housing medicaid, food stamps, or subsidized
child care (and if the latter two, the amount);
and number of months that the family received
each type of aid under the program.
The HHS Secretary shall prescribe
regulations needed to define data elements
and to collect necessary data and shall
consult with the National Governors
Association, the American Public Human
Services Association, the National
Conference of State Legislatures, and others.
[Section 112(e) of S. 667]
CRS-67
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
ta ReportingQuarterly reports are to include informationRequires that states report hours ofAdds to reported activity list: training and
required to compute TANF work participationparticipation in all activities that countother activities directed at TANF purposes.
rticipationrates. This includes number of hours per week,toward meeting TANF participationAdds and (job) placement to job search.
if any, that adults participated in specifiedstandards as well as other work and self-Omits job skills training and vocational
activities (education, subsidized private jobs,sufficiency activities. Also requireseducation. Specifies that work experience and
unsubsidized jobs, public sector jobs, workreporting on whether the family has a self-community service are “supervised.” Also
experience, or community service, job search,sufficiency plan established and progressrequires reporting on whether the family has a
job skills training or on-the job training,toward universal engagement. [Sectionself-sufficiency plan established and progress
vocational education). [Section 411(a) of the112(a) of S. 667]toward universal engagement. [Section
SSA]113(a)]
ta ReportingNo provision.Requires the quarterly report to includeNo provision.
iki/CRS-RL33157information on the demographics andcaseload characteristics of Indians in state
g/wTANF and MOE programs. [Section 113(e)
s.orof S. 667]
leak
From a sample of closed cases, the quarterlyDeletes reporting of families leaving TANFSame as S. 667. [Section 8113(a)]
://wikimilies Leavingreport is to give the number of case closuresbecause of marriage. [Section 112(a) of S.
httpbecause of employment, marriage, time limit,667]
sanction, or state policy. [Section 411(a) of the
SSA]
Requires quarterly reports to include theSame as S. 667. [Section 8113(c)]
number of families and persons who became
ineligible to receive TANF during the month
(broken down by the number that lost
eligibility because of earnings, changes in
family composition that result in higher
earnings, sanctions, time limits, or other
specified reasons). [Section 112(c) of S.
CRS-68
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
No provision. TANF data collection appliesApplies the reporting requirements of theNo provision.
miliesonly to families receiving assistance.Child Care and Development Block Grant
NF-(CCDBG) to TANF-funded child care.
nded ChildAllows for a waiver process if the state is
eunable to comply with this requirement.
[Section 112(d) of S. 667]
hly StateNo provision.Requires states to submit monthly reports onRequires states to submit monthly reports on
the number of families and personsthe number of families and persons receiving
receiving assistance from TANF andassistance from TANF. [Section 8113(c)]
separate state MOE programs. [Section
iki/CRS-RL33157Regulations require states to annually submit aRequires states to submit an annual report onSame as S. 667. [Section 8113(e)]
g/wprogram report (by December 31 of each year)characteristics of the state TANF program
s.orproviding financial eligibility rules for alland other state programs funded with MOE
leakprograms funded by TANF or state MOE funds.funds. Required information: program name
For each MOE program, reports are to includeand purpose, description of program
://wikithe name, purpose, and eligibility criteria.activities, sources of funding, number of
httpbeneficiaries, sanction policies, and any
work requirements. [Section 112(f) of S.
ReportNo provision.Beginning with FY2007, states must submitSame as S. 667. [Section 8113(e)]
rogramto HHS an annual report on achievement and
ormanceimprovement under numerical performance
goals and measures.
Requires an annual report on progressNo provision.
toward full engagement.
ReportsRequires the HHS Secretary to make annualSets July 1 of each fiscal year as theSame as S. 667. [Section 8113(f)]
reports to Congress that include state progressdeadline for the report. Deletes applicant
in meeting TANF objectives (increasingfamilies from the report. Adds requirement
employment and earnings of needy families andto report on characteristics of MOE-funded
CRS-69
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
child support collections, and decreasing out-programs. [Section 112(g) of S. 667]
of-wedlock pregnancies and child poverty),
demographic and financial characteristics of
applicants, recipients, and ex-recipients;
characteristics of each TANF program; and
trends in employment and earnings of needy
families with children.
Requires the HHS Secretary to submit to four
committees of Congress annual reports on
specified matters about three groups: children
whose families lost TANF eligibility because of
iki/CRS-RL33157a time limit, children born after enactment ofTANF to teen parents, and persons who became
g/wteen parents after enactment. [Section 413(g)
s.orof the SSA]
leak
ation onNo provision.Requires the TANF annual report to includeNo provision.
://wikistate-specific information about the
httpdemographics and caseload characteristics
of Indians in state TANF and MOE
programs. [Section 113(e) of S. 667]
ngle AuditTANF payments to states are subject to theNo provision.The Secretary, within three months of
portsSingle Audit Act. [Section 409(a)(1)]receiving an audit from a state, shall analyze
it to identify the extent and nature of problems
related to the state’s oversight of contracts
between nongovernmental entities and the
state TANF program. [Section 8113(g)]
CRS-70
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
No provision.No provision.Not later than six months after enactment,
requires the Secretaries of HHS and Labor to
ta Elements insubmit a joint report describing common or
andconflicting data elements, definitions,
orceperformance measures, and reporting
vestment Act.requirements in the Workforce Investment Act
and TANF law. [Sections 2014 and 8115(d)]
search,
Requires HHS Secretary to conduct research onContinues these provisions and appropriatesSame as S. 667. [Section 8115(b)]
iki/CRS-RL33157seffects, costs, and benefits of state programs.$15 million annually for them through
g/wProvides that Secretary may help states developFY2010. [Section 114(b) of S. 667]
s.orinnovative approaches to employing TANF
leakrecipients and shall evaluate them.
Appropriates $15 million yearly and directs
://wikihow it shall be divided. [Section 413(h) of the
httpSSA.] (Note: In subsequent appropriation acts,
Congress has rescinded these funds and
appropriated research funds on a less
prescriptive basis under Section 1110 of the
Social Security Act, which deals with
cooperative research and demonstration
projects.)
No provision.Appropriates $10 million per year forNo provision.
ild Well-beingFY2006 through FY2010 for the Secretary
of HHS to, through grants, contracts, and
interagency agreements, develop indicators
of child well-being for each state. Among
other requirements, the indicators are
required to be statistically representative at
CRS-71
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
the state level, consistent across states, and
oversampled with respect to low-income
families with children. The Secretary is to
establish an advisory panel to make
recommendations regarding appropriate
measures and statistical tools with respect to
the indicators.
No provision.Appropriates $2 million for FY2006Sets aside $2 million annually for FY2006
(available until expended) to conductthrough FY2010 to be awarded on a
research on tribal family assistance grantscompetitive basis to fund demonstration
and efforts to reduce poverty among Indians.projects designed to test the effectiveness of
iki/CRS-RL33157[Section 114(f) of S. 667]tribal governments and consortia incoordinating child welfare services to tribal
g/wfamilies at risk of child abuse or neglect.
s.or[Section 8115(a)]
leak
ureauDirects the Census Bureau to expand theAppropriates $10 million annually forSame as S. 667. [Section 8116]
://wikiudySurvey of Income and Program ParticipationFY2006 through FY2010 to the Census
http(SIPP) to obtain data with which to evaluateBureau. Directs the Bureau to implement or
TANF’s impact on random national sample ofenhance a longitudinal survey of program
recipients. Appropriates $10 million annually.participation to permit assessment of
[Section 414 of the SSA]outcomes of continued reform on the
economic and child well-being of low-
income families with children, including
those who received TANF-funded aid or
services. Survey content should include
information needed to examine the issues of
out-of-wedlock childbearing, marriage,
welfare dependency, beginning and ending
of spells of assistance, work, earnings, and
employment stability. To the extent
possible, survey is to provide state
CRS-72
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
representative samples. Funds are to remain
available through FY2010 for this survey.
[Section 115(a) of S. 667]
Requires the Secretary of Commerce toNo provision.
make reports to the Ways and Means and
Finance Committees on the well-being of
children and families, based on data
collected in the above study. First report is
due two years after enactment; the second
one, five years after enactment. [Section
iki/CRS-RL33157regnancyNo provision.Appropriates $5 million for FY2006 (to beNo provision.
g/wsource Centeravailable through FY2010) for the Secretary
s.orof HHS to award a grant to a nationally
leakrecognized, nonpartisan, nonprofit
organization (that meets stipulated
://wikirequirements) to establish and operate a
httpnational teen pregnancy prevention resource
center. The purpose of the resource center is
to improve the well-being of children and
families and encourage young people to
delay pregnancy until marriage. The
resource center will provide information and
technical assistance to states, Indian tribes,
local communities, and other private or
public organizations seeking to reduce rates
of teen pregnancy; support parents in their
role in preventing teen pregnancy; and assist
the entertainment media industry by
encouraging them to develop content and
messages for teens and adults that can help
CRS-73
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
prevent teen pregnancy. [Section 119(d) of
S. 667]
st PracticesNo provision.Authorizes $10 million per year for FY2006No provision.
r Dealing withthrough FY2010 to develop and implement
esticprograms designed to address domestic
olenceviolence. Programs shall include training
for caseworkers administering TANF;
technical assistance; provision of voluntary
services for victims of domestic violence;
and activities related to the prevention of
domestic violence. [Section 103(c) of S.
iki/CRS-RL33157 667]
g/winition ofReceipt of “assistance” by a parent or otherDefines “assistance” to mean payment, bySame policy as S. 667 (different wording of
s.orcaretaker relative triggers work and time limitcash, voucher, or other means, to or for anthe provision). [Section 8117]
leakrules. Law does not define the term. Byindividual or family to meet a subsistence
regulation, assistance is defined as ongoing aidneed, but not including costs of
://wikito meet basic needs, plus support services suchtransportation or child care. It excludes
httpas child care and transportation subsidies, fornon-recurrent short-term benefits. [Section
unemployed recipients. It excludes non-117]
recurrent short term benefits. Federally-funded
“assistance” to a family with an adult is limited
to 60 months; states may impose shorter time
limits.
The Workforce Investment Act (WIA) makesNo provision.Makes state TANF programs mandatory
ake TANFTANF an optional partner with one-stoppartners with one-stop employment training
ogramsemployment training centers.centers established under the Workforce
Investment Act unless the governor of a state
rtners withdecides otherwise and so notifies the
Secretaries of Health and Human Services and
ntersLabor. [Sections 2016 and 8120].
CRS-74
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
theNo provision.No provision.Provides that it is the sense of Congress that a
ngressstate welfare-to-work program should include
mentoring. [Sections 2017 and 8121]
forcingRequires sponsors of immigrants to sign aNot later than March 31, 2006, requires theSame as S. 667. [Section 8115(c)]
oflegally enforceable affidavit of support. DeemsHHS Secretary, in consultation with the
ts byall income and resources of a sponsor (and theAttorney General, to submit a report on the
sponsor’s spouse) as available to the sponsoredenforcement of affidavits of support and
alien until he or she becomes naturalized orsponsor deeming required by P.L. 104-193.
meets a work test. [Sections 421 and 423 of the[Section 115(c) of S. 667]
Personal Responsibility and Work Opportunity
Reconciliation Act of 1996]
iki/CRS-RL33157ld Care
g/w, Goals and Administration
s.or
leakSocial Security Act includes provisions forProvisions for mandatory child care fundingProvisions for mandatory child care funding
mandatory (“entitlement”) funding. [Sectionare included in S. 667 (PRIDE), Title 1,are included in Title VIII (Ways and Means),
://wiki418]Section 116. All amendments to theSec. 8201. All amendments to the CCDBG
httpChild Care and Development Block Grant ActCCDBG Act are included in S. 525, theAct are included in Title II (Education and the
(CCDBG) of 1990, as amended, includesCaring for Children Act of 2005. Work Force), Part 3, Sections 2021-2029.
discretionary funding authorization, and
program provisions.
oalsThe five goals of the CCDBG are: (1) to allowAmends the third goal of the CCDBG toMakes same changes to third and fourth goals
states the maximum flexibility in developing“assist” states to provide consumeras Senate committee bill (although House bill
child care programs; (2) to promote parentaleducation information (rather than toonly specifies “low income parents,” not “low
choice for working parents making child care“encourage” states). Modifies fourth goal,income working parents.”
decisions; (3) to encourage states to provideeliminating specific reference to providing
consumer education information to help parentschild care for parents trying to achieve
make informed child care choices; (4) to assistindependence from public assistance, and
states to provide child care to parents trying toreplacing with providing child care to low-
achieve independence from public assistance;income working parents.
and (5) to assist states in implementing the[Section 101 of S. 525]
CRS-75
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
health, safety, licensing, and registration
standards established in state regulations.
[Section 658A of CCDBG Act]
Adds three new goals to the CCDBG: (1) toAdds two new goals for the CCDBG: (1) to
assist states in improving the quality of childencourage states to improve the quality of
care available to families; (2) to promotechild care available to families; and (2) to
school preparedness by encouragingpromote school readiness by encouraging
children, families, and caregivers to engagechildren’s exposure to nurturing environments
in developmentally appropriate and age-and developmentally-appropriate activities,
appropriate activities in child care settingsincluding activities to foster early cognitive
that will — (a) improve the children’sand literacy development. [Section 2022 -
iki/CRS-RL33157social, emotional, and behavioral skills; and(b) foster their early cognitive, pre-reading,Education &Workforce]
g/wand language development and prenumeracy
s.orand mathematics skills (more detailed than
leak
House bill); and (3) to promote parental and
://wikifamily involvement in the education of
httpyoung children in child care settings.
[Section 101 of S. 525]
The chief executive officer of a state designatesAllows a state receiving CCDBG funds toNo provision.
an appropriate state agency as the lead agency.designate an agency (which may be a
[Section 658D(a) of the CCDBG Act]collaborative agency), or establish a joint
interagency office to serve as the lead
agency for the state. [Section 103 of S. 525]
nding
ation ofThe CCDBG Act authorized $1 billion inAuthorizes discretionary funding for theSame as Senate committee bill.
discretionary CCDBG funding for each of fiscalCCDBG at the following levels:[Section 2023]
years 1996-2002. (Actual appropriations inFY2006 = $2.3 billion
recent years have surpassed authorized levels.FY2007 = $2.5 billion
Current appropriation is $2.1 billion.) [SectionFY2008 = $2.7 billion
CRS-76
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
658B of CCDBG Act]FY2009 = $2.9 billion
FY2010 = $3.1 billion
[Section 102 of S. 525]
titlementEntitles states to a basic block grant based onIncreases mandatory funding by $6 billionIncreases mandatory funding by $500 million
ndingFY1992-FY1995 expenditures in welfare-(above the current level) over five years,(above the current level) over five years,
related child care. Mandatory funds above thisappropriating:appropriating:
amount are provided to states on a matching$3.617 billion for FY2006;$2.717 billion for Fiscal Year 2006;
basis. Appropriates entitlement (mandatory)$3.717 billion for FY2007; $2.767 billion for Fiscal Year 2007;
funding at the FY2002 rate of $2.717 billion$3.917 billion for FY2008; $2.817 billion for Fiscal Year 2008;
annually through December 31, 2005. [Section$4.017 billion for FY2009;$2.867 billion for Fiscal Year 2009; and
iki/CRS-RL33157extension P.L. 109-68][Section 116 of S. 667][Section 8201]
g/werto RicoPuerto Rico receives no entitlementOf the mandatory funds described above, aNo provision.
s.or(mandatory) child care funding under currenttotal of $75 million over five years is
leaklaw.appropriated to Puerto Rico. [S. 667, Section
://wikiount s
httpserved
Current law provides for the following
reservation of funds from the total CCDBG
discretionary appropriation:
Up to one half of 1% annually for payments toRetains current law.
Guam, American Samoa, the Virgin Islands,
and Northern Mariana Islands;
Not less than 1% and not more than 2% forChanges tribal allocation to exactly 2%.Retains current law
Indian tribes and tribal organizations. [Section[Section 109 of S. 525]
CRS-77
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
The CCDBG Act itself does not contain anyAmends Section 658 of the CCDBG Act toNo provision.
specific provision to reserve funds forrequire the Secretary to reserve an amount
one hotlineincreasing infant and toddler care, however,not to exceed $100 million each fiscal year
appropriations law (for FY2004, P.L. 108-199)for improving quality of and access to care
includes $100 million from the discretionaryfor infants and toddlers. Also requires an
CCDBG appropriation for states to increase theamount not to exceed $1 million to be
supply of quality care for infants and toddlers,reserved for a national toll-free child care
as well as $1 million for the Child Care Awarehotline. [Section 109 of S. 525]
toll free hotline.
er ofStates may transfer up to 30% of their annualNo change to current law.The allowable transfer of the TANF block
funds toTANF block grants to the CCDBG. (Thegrant to CCDBG is increased from 30% to
Gmaximum is 20% if a state opts to transfer 10%50%. [Section 8107(c)]
iki/CRS-RL33157of its TANF grant to the Social Services Block
g/wGrant.) [Section 404(d)(1) of Social Security
s.orAc t ]
leakNo provision.Amends the CCDBG Act to add SectionNo provision.
://wiki additional658H, which would allow states that receive
httpndsfunding of an amount greater than that
received in FY2005, to use a portion of the
excess to support payment rate increases and
to establish tiered payment rates. [Section
ication and plan
erIn order for a state to be eligible to receiveAmends current law to specify that resourceSame as Senate committee bill, except that
ionCCDBG funds, it must submit an applicationand referral services and other means bethere is no requirement that the state report to
formationand plan that meet with approval from HHS.used for the collection and dissemination ofthe Secretary the manner in which the
Among other things, the state plan certifies thatconsumer education information, and thatconsumer information was provided, or the
the state will collect and disseminate to parentschild care providers be recipients of thisnumber of parents to whom it was provided
of eligible children and the general public,information (in addition to parents and theduring the period of the previous state plan.
consumer education information that willgeneral public). Information is outlined toHowever, the House bill does instruct that the
promote informed child care choices. [Sectioninclude information about quality andinformation provided to parents be in plain
CRS-78
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
practices on children’s development; andthe parent can understand. [Section 2024]
other assistance programs for which families
receiving child care services may be eligible.
[Section 104 of S. 525]
States must certify in their state plans thatRequires state plan to demonstrate that theNo provision (retains current law).
CCDBG provider payment rates are sufficientstate has developed and conducted a
to ensure families receiving subsidies havestatistically valid and reliable market rate
equal access to comparable child care servicessurvey for child care services within the two
in the state provided to non-CCDBG-eligibleyears prior to its submission. The state will
children. States are also required to provide aalso detail the results of the market rate
summary of the facts they relied upon tosurvey; describe how the state will provide
determine that the set rates are sufficient tofor timely payment for child care services,
iki/CRS-RL33157ensure equal access. [Section 658E(c)(4)]and set payment rates for child care services
g/win accordance with the survey results,
s.or(Note: Regulations require that the above-without reducing the number of families in
leakmentioned summary of facts be based on a localthe state receiving assistance. Eliminates
market rate survey conducted no more than twothe requirement that the state submit a
://wikiyears prior to the effective date of the currentlysummary of the facts relied upon to
httpapproved plan.)determine that the set rates are sufficient to
ensure equal access.
Results are to be made available to the
public no later than 30 days after survey’s
completion. [Section 104 of S. 525]
No provision.Includes language stating that nothing shallNo provision.
prevent a state from differentiating the
payment rates to providers on the basis of
geographic location, the age or particular
needs of children, whether the providers
provide child care during weekend and other
nontraditional hours, and the state’s
determination that different rates are needed
to enable a parent to choose child care that
CRS-79
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
the parent believes to be of high quality.
[Section 104 of S. 525]
(While not required to be addressed in the stateAdds provision requiring the state plan toSame as Senate committee bill, except
plan under current law, one the four stateddescribe how the state will coordinate childcoordination is to be “demonstrated” rather
duties of the CCDBG lead agency is tocare services with other early childhoodthan “described,” and Title I preschool
coordinate the provision of CCDBG serviceseducation programs, to expand accessibilityprograms are not specified in list of programs
with other federal, state, and local child careto and continuity of care and early educationwith which coordination should occur.
and early childhood development program.)without displacing services provided by the[Section 2024]
[Section 658D(b)(1)(D)]current system. [Section 204 of S. 525]
Adds provision requiring the state plan toSame as Senate committee bill, except bill
demonstrate how the state encouragesdoes not specify that the child care services
iki/CRS-RL33157partnerships with private and other publicentities to leverage existing service deliveryprovided be for children age 13 and under.(Note: the CCDBG Act already includes this
g/wsystems and increase the supply and qualityage requirement.) [Section 2024]
s.orof child care for children under 13. [Section
leak104 of S. 525]
://wikiication ofRegulations require that the state plan describeCertification is not required as part of stateAdds provision requiring state plan to certify
httpithactivities a state intends to fund with “qualityplan, however, states are required annually(every two years) its compliance with the
ity set-asideset-aside” money, but neither law nor regulation(beginning in FY2006) to provide thequality set-aside percentage requirement,
requires certification of compliance.Secretary with certification regardingincluding a description of the use of funds,
compliance with quality activitybeginning in FY2007 (for the preceding fiscal
requirements. (See “quality activities”year). [Section 2024]
provision below.)
orNo provision.Adds provision requiring annual submissionRequires same information as Senate
ngto the Secretary of the strategy the state willcommittee bill, but as part of state plan, rather
ality of childimplement to address the quality of childthan an annual submission. [Section 2024]
care services available to low-income
families from eligible providers. The
strategy is to include a description of
quantifiable, objective measures for
evaluating progress in quality improvement,
and a list of state-developed targets for the
CRS-80
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
plan’s fiscal year. For each year after
FY2006, the plan shall include a progress
report with respect to achieving the targets.
[Section 204 of S. 525]
ngNo provision.Adds provision requiring state plan toSame as Senate committee bill.
demonstrate how the state is addressing the[Section 2024]
needs of eligible parents who have children
with special needs; work non-traditional
hours; or require child care for infants or
toddlers. [Section 104 of S. 525]
In their state plans, states must demonstrate theThe state plan must also describe how theNo provision.
iki/CRS-RL33157 TANFationmanner in which the specific child care needsof families on, leaving, or at-risk of receivingstate will inform parents receiving TANF,and other low-income parents, about
g/wTANF will be met. eligibility for CCDBG assistance. [Section
s.or[Section 658E(c)(2)(H)]104 of S. 525]
leak
determinationNo provision.State plan must demonstrate thatNo provision.
://wikiredetermination of eligibility for assistance
httpection foris not to be conducted any more frequently
orking parentsthan every six months, except in the case of
a parent’s loss of employment. States are
given the option of demonstrating that they
will not terminate child care assistance
based on a parent’s loss of work without
first continuing assistance for at least one
month while the parent looks for work.
Also requires the state plan to show that
procedures and policies are in place to
ensure that working parents are not required
to unduly disrupt their employment in order
to comply with the state’s requirements for
eligibility and re-determination.
[Section 104 of S. 525]
CRS-81
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
ption of No provision.Requires state plan to describe any trainingNo provision.
orrequirements in effect that are applicable to
CCDBG providers and that are designed to
enable child care providers to promote the
opmentsocial, emotional, physical, and cognitive
development of children. [Section 104 of S.
Funds
e of funds forCurrent law broadly states that CCDBG fundsAdds specific language to current lawNo provision.
are to be used for child care services, activitiesregarding use of funds: allows a state to use
erral systemthat improve the quality or availability of suchCCDBG funds to establish or support a
iki/CRS-RL33157services, and any other activity that the statedeems appropriate to realize the goals of thesystem of local child care resource andreferral organizations coordinated, to the
g/wprogram. [Section 658E(c)(3)(B)]extent determined appropriate by the state,
s.orby a statewide private, non-profit,
leakcommunity-based lead child care resource
://wikiand referral organization. The resource and
httpreferral organizations will provide parents
with information on child care options; and
collect and analyze data on supply and
demand for child care in political
subdivisions within the state, and submit
reports to the state. [Section 104 of S. 525]
e of funds forNo provision.Requires that after reservation of set-asides,No provision.
at least 70% of funds remaining must be
used to fund direct services (as defined by
the state). [Section 104 of S. 525]
CRS-82
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
child care
ndingNot less than 4% of a state’s annual funding forIncreases the “quality set-aside” to not lessSame as Senate committee bill.
the CCDBG is to be used for quality activitiesthan 6%. [Section 105 of S. 525][Section 2025]
(described below). [Section 658G of CCDBG
Act]
initionsThe law describes funded activities as thoseSenate committee bill specifies that qualityProvides more detail than current law,
designed to provide comprehensive consumerfunds be used only for the listed purposesspecifying four categories of quality activities
education to parents and the public, activities(see below). (Similar to House bill with(see below).
that increase parental choice, and activitiesrespect to some categories of activities, but
designed to improve the quality and availabilitygreater detail in others (see below)).
of child care (such as resource and referral
iki/CRS-RL33157services). [Section 658G of CCDBG Act]
g/w(1) programs providing training, education(1) Same as Senate committee bill.
s.orand other professional development for child
leakentcare workers;
://wiki(2) develop and implement voluntaryguidelines on pre-reading and language(2) activities within child care settings toenhance early learning, early literacy, and
httpskills and activities that are aligned withschool readiness;
state goals for school preparedness;
(3) support activities and provide technical
assistance in child care settings to enhance
early learning for young children, to
promote literacy, and to foster school
preparedness;
der(4) engage in programs designed to increase(3) initiatives to increase the retention and
tion andthe retention and improve the competenciescompensation of child care providers,
pensationof child care providers, including wageincluding tiered reimbursement rates for
incentive programs and initiatives thatproviders; and
establish tiered payment rates for providers
that meet or exceed child care services
CRS-83
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
guidelines, as defined by the state;
her(5) evaluate and assess the quality and(4) other activities as approved by the state.
effectiveness of child care programs and
services on improving overall school
preparedness; and
(6) carry out other activities determined by
the state to improve the quality of child care
services for which measurement of
outcomes relating to improved child safety,
child well-being, or school preparedness is
possible.
iki/CRS-RL33157[Section 105 of S. 525]
g/wicationRegulations require that the state plan describeRequires that beginning with FY2006, theAs stated above, adds provision requiring state
s.oractivities a state intends to fund with “qualitystate will certify annually to the Secretary itsplan to certify (every two years) its
leakset-aside” money, but neither law nor regulationcompliance with the quality activitycompliance with the quality set-aside
requires certification of compliance.requirements; will describe how the statepercentage requirement, including a
://wikiused quality funds during the precedingdescription of the use of funds, beginning in
httpyear; will outline the state’s strategy forFY2007 (for the preceding fiscal year).
addressing the quality of child care in the[Section 2024]
state, including a description of quantifiable,
objective measures, that the state will use to
evaluate the state’s progress in improving
child care services. Beginning in FY2007,
the state will submit a report on its progress
in achieving targets for the preceding fiscal
year. [Section 105 of S. 525]
port by the HHS Secretary to Congress
The Secretary of HHS is required to prepareAmends current law to replace biennialAmends current law to require that the
and submit a biennial report to Congress.report to Congress with an annual report (seebiennial report to Congress contain additional
below for contents).[Section 108 of S. 525]elements (see below). [Section 2027]
CRS-84
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
entThe biennial report includes a summary andAdds a new requirement that aggregatedAdds new required contents to be included in
analysis of the data submitted by states (asstatistics on the supply of, demand for, andthe biennial report: aggregated statistics on
required by Section 658K). The report is alsoquality of child care, early education, andthe supply of, demand for, and quality of child
to include an assessment, and wherenon-school-hours programs be included incare, early education, and non-school-hours
appropriate, recommendations for the Congressa report to HHS. However, unlike Houseprograms. [Section 2027]
with respect to improving the access of qualitybill, under this bill the report would be
and affordable child care. [Section 658L ofsubmitted annually rather than biennially.
CCDBG Act]
Also requires that the following additional
information be included:
— a summary and analysis of the data and
iki/CRS-RL33157information provided to the Secretary in the
g/wstate plan (Section 658E), the strategy
s.oraddressing quality activities (Section
leak658G(c)), and the quarterly reports (Section
://wiki — a progress report describing the progress
httpof the states in streamlining data reporting,
the Secretary’s plans and activities to
provide technical assistance to states, and an
explanation of any barriers to getting data in
an accurate and timely manner. [Section
issionCurrent law required first report not later thanReport will be required annually, beginningReport will continue to be submitted
July 31, 1998, and biennially thereafter.with the first submitted no later than Aprilbiennially, as under current law, but will be
[Section 658L] 30, 2006.required to include the new aggregated
information (described above) beginning with
Also, not later than 30 days after the date ofreport submitted no later than October 1,
such submission, the report is required to be2007. [Section 2027]
posted on the HHS website. [Section 108 of
S. 525]
CRS-85
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
e of resourceNo provisionIn order to collect this newly required Same as Senate committee bill. [Section
erralinformation, the bill authorizes the Secretary2027]
ations forto use the national child care data system
available through resource and referral
organizations. [Section 108 of S. 525]
ility
inition ofUnder federal law, the maximum family incomeEliminates the federal maximum income Same as Senate committee bill. [Section
come eligibilityof a CCDBG-eligible child may not exceedlimit of 85% of state median income, and2028]
85% of its state median income for a family ofallows each state to establish income
the same size. (States may set their owneligibility levels, prioritized by need (as
eligibility levels below the federal maximum.)defined by the state). [Section 110 of S. 525]
iki/CRS-RL33157[Section 658P(4)(B)]
g/wrom States to HHS
s.orStates receiving CCDBG funds are required toRetains quarterly reporting of current law,No provision (retains current law).
leakreport to the Secretary on a quarterly basis thebut amends the list of data elements that
://wikifollowing data collected monthly with respectto CCDBG families: family income; county ofstates are required to collect on a monthlybasis. Changes include requiring that states:
httpresidence; gender, race, and age of child(ren)show the cost of each family’s subsidy
receiving assistance; sources of family incomebroken down into subsidy amount and co-
(including employment, TANF, housingpayment amount; report household size;
assistance, food stamps, and other programs);identify the reason for any termination in
duration of benefit receipt; type of child carebenefit; and report whether the child has an
used; cost of child care; and average number ofindividualized education plan. States no
hours of child care. In order to collect data,longer would report receipt of housing
states may use sampling methods (approved byassistance or food stamps. [Section 107 of
the Secretary). [Section 658K] S. 525]
reportsStates must submit annual reports of aggregateEliminates separate annual report, butNo provision (retains current law).
data concerning number of providers thatrequires in fourth quarterly report of each
received CCDBG funding; monthly cost ofyear that the state submit information on the
child care services, and the portion paid throughannual number and type of child care
CRS-86
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
subsidy; the number of payments made throughproviders that received funding under this
vouchers; the manner in which consumersubchapter and the annual number of
education information was provided, and thepayments made by the state through
number of parents receiving it; and the totalvouchers, under contracts, or by payment to
unduplicated number of children and familiesparents, by type of child care provider.
served during the reporting period. [Section[Section 107 of S. 525]
Information on the number of children and
families receiving CCDBG assistance is to
be posted on the website of each state.
[Section 107 of S. 525]
States must comply with the changes in data
iki/CRS-RL33157collection and reporting requirements within
g/wtwo years from the date of this act’s
s.orenactment. A waiver can be granted (by
leakHHS) to states with plans to procure data
systems. [Section 107 of S. 525]
://wiki
httpr ovisions
No provision.Amends CCDBG Act to include a rule ofNo provision.
ructionconstruction stating that nothing in the act
shall be construed to require a state to
impose state child care licensing
requirements on any type of early childhood
provider, including any such provider who is
exempt form state child care licensing
requirements on the date of enactment of the
Caring for Children Act of 2005. [Section
CRS-87
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
ngCurrent law does not contain this title.This bill includes a separate title withNo provision.
provisions aimed at enhancing security at
child care centers in federal facilities. The
deral facilitiesbill requires that the Administrator of
General Services, among others, issue
regulations relating to emergency plans and
relocation sites. [Title II, Sections 201 and
all businessCurrent law does not contain this title.This separate title requires the Secretary ofNo provision.
HHS to establish a program to award
competitive grants to states, which are to be
used by states (or eligible consortia of small
iki/CRS-RL33157businesses or entities) to encourage the
g/westablishment and operation of employer-
s.oroperated child care programs. The section
leakauthorizes $30 million for the period of
FY2006-2010 to carry out the program.
://wiki[Title III, Section 301 of S. 525]
http
No provision.No provision.Up until June 30, 2006, and to such extent as
the Secretary of HHS considers appropriate,
g familiesthe Secretary may waive or modify certain
fected by theCCDBG provisions for states affected by the
ulf hurricanesGulf hurricanes. These provisions are defined
as those relating to the federal income
eligibility limits, the work requirements, the
required use of quality funds, and any
provision that prevents children designated as
evacuees from receiving priority services over
any children not already receiving services.
[Section 2029]
CRS-88
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
atherhood Program
indingsNo provision.Lists a number of statements that showIncludes a list of statements, but they are not
evidence indicating the need to promote andidentical to those in S. 667. [New Part C of
support involved, committed, andTitle IV of the Social Security Act, Section
responsible fatherhood, and to encourage441(a)]
and support healthy marriages between
parents raising children. [Section 118(a)(1)
of S. 667]
esponsibleNo provision.The Responsible Fatherhood program wouldSame as S. 667. [Sections 2015(b) and
atherhoodbe added to the Social Security Act as a new8119(b)]
rogramPart C of Title IV. (Note: Because the
iki/CRS-RL33157fatherhood provisions are drafted as anamendment to the TANF section of P.L.104-This section of the House BudgetReconciliation bill may be cited as the
g/w193, they would be subject to the charitable“Promotion and Support of Responsible
s.orchoice rules.) [Section 118(a)(2) of S. 667]Fatherhood and Healthy Marriage Act of
leak2005.” [Sections 2015(a) and 8119(a)]
://wikimmary of theNo provision.Establishes five components for theEstablishes four components for the
httpesponsibleresponsible fatherhood program for FY2006responsible fatherhood program for FY2006
atherhoodthrough FY2010. It (1) appropriates $20through FY2010. It (1) authorizes
rogrammillion for a grant program for up to 10competitive grants for responsible fatherhood
eligible states to conduct demonstrationprojects to public and nonprofit community
programs; (2) appropriates $30 million forentities, including religious organizations, and
grants for eligible entities (localto Indian tribes and tribal organizations, for
government, local public agency,demonstration service projects and activities
community-based or nonprofit organization,designed to test the effectiveness of various
or private entity, including any charitable orapproaches to accomplish the four specified
faith-based organizations, or Indian tribe orresponsible fatherhood program objectives —
tribal organization) to conducteligible entities would be allowed to apply for
demonstration programs; (3) authorizes $5either full service grants or limited purpose
million for a nationally recognized nonprofitgrants of $25,000 or less per fiscal year; (2)
fatherhood promotion organization toauthorizes funding for two multicity,
develop and promote a responsiblemultistate fatherhood demonstration projects
CRS-89
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
fatherhood media campaign and establish ato be developed and conducted by a national
national clearinghouse to help states andnonprofit fatherhood promotion organization;
communities in their efforts to promote both(3) authorizes funding for an evaluation of the
marriage and responsible fatherhood; (4)competitive grant projects and the multicity,
authorizes a $20 million block grant formultistate demonstration projects; and (4)
states to conduct responsible fatherhoodauthorizes the Secretary of HHS by grant,
media campaigns (authorizes $1 million ofcontract, or cooperative agreement to carry
the $20 million for an evaluation); and (5)out projects and activities of national
authorizes $1 million for a nationallysignificance relating to fatherhood promotion
recognized nonprofit research and education — such projects or activities could include
fatherhood organization to establish acollection and dissemination of information,
national resource center for responsiblemedia campaigns, technical assistance to
iki/CRS-RL33157fatherhood. [New Part C of Title IV of thepublic and private entities, and research.
g/wSocial Security Act, Sections 441-444][New Part C of Title IV, Sections 443-446]
s.or
leak
://wiki
http
CRS-90
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
Note: The Committee on Education and the
Workforce shared jurisdiction with the
Committee on Ways and Means with respect
to Fatherhood Programs. The Committee on
Education and the Workforce’s fatherhood
program is identical to that of the Committee
on Ways and Means except that it includes
five components rather than four and
stipulates that no more than 35% of the $20
million annual authorization can be used for
the multicity, multistate demonstrations, the
economic incentives demonstrations, the
iki/CRS-RL33157evaluations, and the projections of national
g/w significance.
s.or
leakIn addition to the four components in the
Ways and Means Committee proposal, the
://wikiCommittee on Education and the Workforce’s
httpproposal authorizes the HHS Secretary to
make grants available for FY2006 through
FY2010 for two to five demonstration projects
that test the use of economic incentives
combined with a comprehensive approach to
addressing employment barriers to encourage
noncustodial parents to enter the workforce
and to contribute financially and emotionally
to their children. The fatherhood
demonstration projects are to be developed
and conducted by a national nonprofit
fatherhood promotion organization that meets
the qualifications specified in the bill. The
bill stipulates that out of the set-aside monies,
at least $5 million is to be allocated for the
CRS-91
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
economic incentive demonstration project.
[Section 2015 of Committee on Education and
the Workforce proposal, and New Part C of
Title IV, Sections 445 and 449]
No provision.The purposes of the responsible fatherhoodThe first of the three purposes is to provide for
demonstration grants are to promoteprojects and activities by public entities and
responsible fatherhood through (1) marriagenonprofit community entities, including
promotion (through counseling, mentoring,religious organizations, to test promising
disseminating information about theapproaches to accomplishing the following
advantages of marriage and two-parentfour objectives:
involvement for children, enhancing
relationship skills, teaching how to control(1) promoting responsible, caring and
iki/CRS-RL33157aggressive behavior, disseminatingeffective parenting and encouraging positive
g/winformation on the causes of domesticfather involvement, including the positive
s.orviolence and child abuse, marriageinvolvement of non-resident fathers;
leakpreparation programs, premarital counseling,(2) enhancing the abilities and commitment of
skills-based marriage education, financialunemployed or low-income fathers to provide
://wikiplanning seminars, and divorce educationsupport for their families and to avoid or leave
httpand reduction programs, including mediationwelfare;
and counseling); (2) parenting activities(3) improving fathers’ ability to effectively
(through counseling, mentoring, mediation,manage family business affairs; and
disseminating information about good(4) encouraging and supporting healthy
parenting practices, skills-based parentingmarriages and married fatherhood.
education, encouraging child support
payments, and other methods); and (3)The second purpose is through the projects
fostering economic stability of fathersand activities described above, to improve
(through work first services, job search, joboutcomes for children such as increased
training, subsidized employment, education,family income and economic security,
including career-advancing education, jobimproved school performance, better health,
retention, job enhancement, dissemination ofimproved emotional and behavioral stability
employment materials, coordination withand social adjustment, and reduced risk of
existing employment services such asdelinquency, crime, substance abuse, child
welfare-to-work programs, referrals to localabuse and neglect, teen sexual activity, and
CRS-92
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
employment training initiatives, and otherteen suicide.
methods). [New Part C of Title IV, Section
441(a)(2)]The third purpose is to evaluate approaches
and disseminate findings to encourage
replication of effective approaches to
achieving the desired outcomes for both
parents and children. [New Part C of Title IV,
Section 441(b)]
ibitionsNo provision.With regard to both the grants to states andNo provision.
entities, prohibits the use of responsible
fatherhood demonstration grants for court
proceedings on matters of child visitation or
iki/CRS-RL33157child custody, or legislative advocacy. [New
g/wPart C of Title IV, Section 441(a)(3) and
s.orSection 441(b)(2)]
leak
Prohibits an eligible state or entity fromRequires that entities that apply for a grant to
://wikibeing awarded a grant unless the state ordevelop and operate fatherhood demonstration
httpentity consults with experts on domesticservice projects and activities include in their
violence or with relevant communityapplication a description of how they will
domestic violence coalitions in developingaddress child abuse and neglect and domestic
programs or activities funded by the grant.violence, including how the applicant will
The state or entity also must describe in thecoordinate with state and local child protective
grant application how the proposedservice and domestic violence programs.
programs or activities will address, as[New Part C of Title IV, Section 443(b)(3)]
appropriate, issues of domestic violence and
what the state or entity will do, to the extent
relevant, to ensure that participation in such
programs or activities is voluntary and to
inform potential participants that their
involvement is voluntary. [New Part C of
Title IV, Section 441(a)(4) and Section
CRS-93
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
Requires the HHS Secretary to ensure thatRequires that each national nonprofit
the selected nationally recognized nonprofitfatherhood promotion organization that
fatherhood promotion organizationapplies for funding to develop and operate
coordinate the media campaign and nationalmulticity, multistate fatherhood demonstration
clearinghouse that are developed with grantprojects include in their application a
funds with national, state, or local domesticdescription of how they will address child
violence programs. [New Part C of Title IV,abuse and neglect and domestic violence,
Section 442(a)(2)]including how the applicant will coordinate
with state and local child protective service
With respect to the block grant to states toand domestic violence programs. [New Part
encourage media campaigns, in developingC of Title IV, Section 444(c)(3)] [Note: A
broadcast and printed advertisements forsimilar provision is in the Education and the
iki/CRS-RL33157media campaigns, the state or other entityWorkforce Committee proposal with respect
g/wadministering the campaign must consultto national nonprofit fatherhood promotion
s.orwith representatives of state and localorganizations that operate economic incentive
leakdomestic violence centers. [New Part C ofdemonstration projects. [New Part C of Title
Title IV, Section 443(d)(3)]IV, Section 445(c)(3)]
://wikiundingNo provision.For each of the years FY2006 throughAuthorizes $20 million for each of FY2006
httpFY2010, appropriates $20 million for up tothrough FY2010.
10 eligible states to conduct demonstration
programs and appropriates $30 million forNot more than 15% of the annual
eligible entities to conduct demonstrationappropriations shall be available for the costs
programs. Authorizes $5 million for aof the multicity, multistate demonstration
nationally recognized nonprofit fatherhoodprojects under Section 444, evaluations under
promotion organization to develop andSection 445, and projects of national
promote a responsible fatherhood mediasignificance under Section 446.
campaign. Authorizes a $20 million block
grant for states to conduct responsible[Note: See Summary Section above for an
fatherhood media campaigns. Authorizes $1explanation of the difference between the two
million for a nationally recognized nonprofitHouse Committes’ responsible fatherhood
research and education fatherhoodproposals.]
organization to establish a national resource
center for responsible fatherhood.
CRS-94
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
If fully funded, the bill would provide $76If fully funded, the bill would provide $20
million for responsible fatherhood programsmillion for responsible fatherhood programs
for each of the five years — totaling $380for each of the five years — totaling $100
million. million.
scrimina-No provision.Requires that the responsible fatherhoodSame as S. 667. [New Part C of Title IV,
programs and activities be made available toSection 447]
all fathers and expectant fathers, including
married and unmarried fathers and custodial
and non-custodial fathers, with a special
focus on low-income fathers, on the same
basis; and that mothers and expectant
mothers be able to participate in such
iki/CRS-RL33157programs and activities on the same basis as
g/wthe fathers. [New Part C of Title IV, Section
s.or 445]
leak
ild Support Enforcement (CSE) Program
://wikissignment and Distribution of Child Support for TANF and Former TANF Families
httpIn order to receive benefits, TemporaryStipulates that the assignment covers onlyStipulates that the assignment covers child
ld supportAssistance to Needy Families (TANF)child support that accrues during the periodsupport that accrues during the period that the
recipients must assign their child support rightsthat the family receives TANF. (In otherfamily receives TANF, but also gives states
to the state. The assignment covers any childwords, pre-assistance arrearages would bethe option of including in the assignment child
support that accrues while the family receiveseliminated.) [Section 301(a) of S. 667]support that accrued to the family before the
TANF and any support that accrued before thefamily began receiving TANF. This provision
family began receiving TANF. [Sectionwould take effect on October 1, 2008.
Any assignment of rights to child support thatIn addition, the bill would give states theAny assignment of rights to child support that
was in effect on September 30, 1997 mustoption to discontinue pre-assistancewas in effect on September 30, 1997 may
remain in effect. This means that any childassignments in effect on September 30,remain in effect. This means that states would
support collected as a result of the assignment1997. If a state chooses to discontinue thehave the option to discontinue pre-assistance
is owed to the state and the federal government.child support assignment, the state wouldassignments in effect on September 30, 1997.
[Section 457(b) of the SSA]have to give up its legal claim to collectionsIf a state chooses to discontinue the child
CRS-95
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
based on such arrearages and the state wouldsupport assignment, the state would have to
have to distribute the collections to thegive up its legal claim to collections based on
family. [Section 301(c) of S. 667]such arrearages and the state would have to
distribute the collections to the family.
States also would have the option to[Section 8317]
discontinue pre-assistance arrearage
assignments in effect after September 30,
1997 and before the implementation date of
this provision. If a state chooses to
discontinue the child support assignment,
the state would have to give up its legal
claim to collections based on such
iki/CRS-RL33157arrearages and the state would have to
g/wdistribute the collections to the family.
s.or[Section 301(c) of S. 667]
leakederalWhile the family receives TANF benefits, theSame as current law.Same as current law.
atching fundsstate is permitted to retain any current child
://wikir limited pass-support payments and any assigned arrearages
httprough of childit collects up to the cumulative amount of
TANF benefits which has been paid to the
family. In other words, the state can decide
milieshow much, if any, of the state share (some, all,
ANFnone) of the child support payment collected on
behalf of TANF families to send to the family.
CRS-96
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
The state is required to pay the federalFor families who received assistance fromFor TANF families, requires the federal
government the federal share of the childthe state (which could include TANF orgovernment to waive its share of an increase
support collected. [Section 457(a)(1) of thefoster care), requires the federal governmentin the child support pass-through (up to the
SSA]to waive its share of child supportgreater of $100 per month or $50 over the
collections passed through to TANF familiesstate’s stipulated child support pass-through as
Child support payments collected on behalf ofby the state and disregarded by the state —of December 31, 2001) for families that
TANF families that are passed through to theup to an amount equal to $400 per month inreceive TANF benefits. To obtain the federal
family and disregarded by the state countthe case of a family with one child, and up tomatching funds, the state would have to
toward the TANF Maintenance-of-Effort$600 per month in the case of a family withdisregard the amount passed through to the
(MOE) expenditure requirement. [Sectiontwo or more children. Like current law,family in determining the family’s TANF
409(a)(7)(B) of the SSA]disregarded pass-through amounts wouldbenefit amount. This provision would apply
count as TANF MOE expenditures. [Sectionto amounts distributed on or after October 1,
iki/CRS-RL33157301(b) of S. 667]2008. [Section 8301]
g/w
s.orIncludes a provision that allows states with
leakSection 1115 demonstration waivers (on or
before October 1, 1997) related to the child
://wikisupport pass-through provisions to continue
httpto pass through payments to families in
accordance with the terms of the waiver.
[Section 301(b) of S. 667]
Current child support payments must be paid toSimplifies child support distribution rules.Simplifies child support distribution rules to
hrough allthe family if the family is no longer on TANF.Eliminates the special treatment of childgives states the option of providing families
ld supportsupport arrearages collected through thethat have left TANF the full amount of the
With respect to former TANF families: Sincefederal income tax refund offset program.child support collected on their behalf (i.e.,
milies thatOctober 1, 1997, child support arrearages thatTherefore, all child support collections toboth current child support and child support
rmerlyaccrue after the family leaves TANF also areformer TANF families would go to thearrearages). The federal government would
ANFrequired to be paid to the family before anyfamily first. [Section 301(b) of S. 667]have to share with the states the costs of
monies may be retained by the state.paying child support arrearages to the family
To the extent that the arrearage amountfirst. This provision would apply to amounts
With respect to former TANF families: Sincepayable to a former TANF family in anydistributed on or after October 1, 2008.
October 1, 2000, child support arrearages thatgiven month exceeds the amount that would[Section 8302]
accrued before the family began receivinghave been payable to the family under
CRS-97
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
TANF also are required to be distributed to thecurrent law, the state would be able to elect
family first.to have the amount paid to the family
[Section 457(a)(2) of the SSA]considered an expenditure for TANF MOE
purposes. In addition, amends the Child
However, if child support arrearages areSupport Enforcement (CSE) State Plan to
collected through the federal income tax refundinclude an election by the state to include
offset program, the family does not have firstwhether it is using the new option to pass
claim on the arrearage payments. Suchthrough all arrearage payments to former
arrearage payments are retained by the state andTANF families without paying the federal
the federal government. [Sectiongovernment its share of such collections or
457(a)(2)(B)(iv) of the SSA]whether it has chosen to maintain the current
law distribution method. Further, stipulates
iki/CRS-RL33157that no later than six months after the date of
g/wenactment of this legislation, the HHS
s.orSecretary, in consultation with the states,
leakwould be required to establish the
procedures to be used to make estimates of
://wikiexcess costs associated with the new funding
httpoption. [Section 301(b) of S. 667]
The provisions of Section 301 of this bill
would take effect October 1, 2009, or earlier
at state option at any date that is 18 months
after the date of enactment of the bill but not
later than September 30, 2009. [Section
Federal law requires that the state haveRequires states to review and, if appropriate,Same as S. 667. [Section 8303]
andprocedures under which every three years theadjust child support orders in TANF cases
justment ofstate review and adjust (if appropriate) childevery three years. This provision would take
ld supportsupport orders at the request of either parent,effect on October 1, 2007. [Section 302 of
orand that in the case of TANF families, the stateS. 667]
miliesreview and update (if appropriate) child support
ANForders at the request of the state CSE agency or
CRS-98
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
of either parent. [Section 466(a)(1) of the SSA]
No provision.Requires that within six months ofSame as S. 667. [Section 8305]
stributedenactment, the HHS Secretary must submit
ld supportto the House Ways and Means Committee
and the Senate Finance Committee a report
on the procedures states use to locate
custodial parents for whom child support has
been collected but not yet distributed. The
report must include an estimate of the total
amount of undistributed child support and
the average length of time it takes
undistributed child support to be distributed.
iki/CRS-RL33157To the extent the Secretary deems
g/wappropriate, the report must include
s.orrecommendations as to whether additional
leakprocedures should be established at the state
or federal level to expedite the payment of
://wikiundistributed child support. [Section 303 of
httpS. 667]
nforcement Provisions
ecrease inFederal law stipulates that the HHS Secretary isAuthorizes the denial, revocation, orSame as S. 667. [Section 8306]
childrequired to submit to the Secretary of State therestriction of passports to noncustodial
names of noncustodial parents who have beenparents whose child support arrearages
certified by the state CSE agency as owingexceed $2,500, rather than $5,000 as under
more than $5,000 in past-due child support. Thecurrent law. This provision would take
denialSecretary of State has authority to deny, revoke,effect on October 1, 2006. [Section 304 of
restrict, or limit passports to noncustodialS. 667]
parents whose child support arrearages exceed
$5,000. [Section 452(k) of the SSA]
CRS-99
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
taxFederal law prohibits the use of the federalPermits the federal income tax refund offsetSame as S. 667. [Section 8307]
und interceptincome tax offset program to recover past-dueprogram to be used to collect arrearages on
child support on behalf of non-welfare cases inbehalf of non-welfare children who are no
which the child is not a minor, unless the childlonger minors. This provision would take
ld support onwas determined disabled while he or she was aeffect on October 1, 2007. [Section 305 of
f ofminor and for whom the child support order isS. 667]
ho arestill in effect. (Since enactment in 1981 (P.L.
t minors97-35), the federal income tax offset program
has been used to collect child support
arrearages on behalf of welfare families
regardless of whether the children were still
minors — as long as the child support order
iki/CRS-RL33157was in effect.) [Section 464(a)(2)(A) of the
g/wSSA]
s.orrnishment ofThe disability compensation benefits ofAllows veterans’ disability compensationAllows veterans’ disability compensation
leakveterans are treated differently than most formsbenefits to be intercepted (withheld) andbenefits to be intercepted (withheld) and paid
of government payment for purposes of payingpaid on a routine basis to the custodialon a routine basis to the custodial parent if the
://wikir service-child support. Whereas most governmentparent. This provision prohibits theveteran is 60 days or more in arrears on child
httppayments are subject to being automaticallygarnishment of any veteran’s disabilitysupport payments. Under the bill, this
sabilities inwithheld to pay child support, veteranscompensation in order to collect alimonyprovision is prohibited from being used to
orcedisability compensation is not subject tounless that disability compensation is beingcollect alimony and no more than 50% of any
ld supportintercept. Before enactment of P.L. 108-136,paid because retirement benefits wereparticular disability payment may be withheld.
there was one exception to this rule. Thewaived. The provision would take effect onThis provision would take effect on October 1,
exception occurred when veterans had electedOctober 1, 2007. [Section 306 of S. 667]2007. [Section 8308]
to forego some of their retirement pay in order
to collect additional disability payments. The
advantage of veterans replacing retirement pay
with disability pay is that the disability pay is
not subject to taxation. With this exception, the
only way to obtain child support payments from
veterans’ disability compensation was to
request that the Secretary of the Department of
Veteran Affairs intercept the disability
CRS-100
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
compensation and make the child support
payments. P.L. 108-136, enacted November
24, 2003, permits veterans to receive both
military retired pay and veterans’ disability
compensation. [Section 459(h)(1)(A)(ii)(V) of
the SSA]
provingFederal law stipulates that any federal agencythat is owed a nontax debt (that is more thanAllows Social Security benefits to be offsetto collect past-due child support. TheNo provision.
deral debt180 days past-due) must notify the Secretary ofCommittee bill specifically overrules section
the Treasury to obtain an administrative offset207 of the Social Security Act which states
of the debt. The Department of the Treasurythat Social Security benefits are not
(or other designated federal disbursing agency)transferrable by garnishment. The provision
iki/CRS-RL33157has the authority to offset Social Securitywould take effect on a date that is 18 months
g/wbenefits, certain Black Lung Board benefits,after the date of enactment. [Section 307 of
s.orand certain Railroad Retirement benefits toS. 667]
leakcollect delinquent debt owed to the United
States, subject to an annual $9,000 ($750 per
://wikimonth) exemption. [Section 3716(h)(3) of Title
http33 of the U.S.Code]
Currently, states have the authority to garnish
Social Security benefits for child support
payments. But, Social Security payments can
only be offset for federal debt recovery. (Thus,
under current law child support arrearage
payments which are enforced by states cannot
be offset from Social Security
benefits/payments.)
icationThe 1996 welfare reform law required states toAuthorizes the HHS Secretary, via theNo provision.
ure ofenter into agreements with financial institutionsFPLS, to assist states to perform data
s held byconducting business within their state for thematches comparing information from states
lti-statepurpose of conducting a quarterly data match.and participating multi-state financial
nancialThe data match is intended to identify financialinstitutions with respect to persons owing
CRS-101
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
stitutionsaccounts (in banks, credit unions, money-past-due child support. Authorizes the
market mutual funds, etc.) belonging to parentsSecretary via the FPLS to seize assets, held
who are delinquent in the payment of their childby such financial institutions, of
support obligation. In some cases, state lawnoncustodial parents who owe child support
prohibits the placement of liens or levies onarrearage payments, by issuing a notice of a
accounts outside of the state and some financiallien or levy and requiring the financial
institutions only accept liens and levies frominstitution to freeze and seize assets in
the state where the account is located. In 1998,accounts in multi-state financial institutions
Congress made it easier for multi-state financialto satisfy child support obligations. Requires
institutions to match records by permitting thethe Secretary to transmit any assets seized
FPLS to help them coordinate their information.under the procedure to the state for
[Section 452(l) of the SSA]accounting and distribution. Stipulates that
iki/CRS-RL33157the Secretary must inform affected account
g/wholders/ asset holders of their due process
s.orrights. (In effect, would resolve problems of
leakjurisdiction in cases where a state was
pursuing an asset in a different state.)
://wiki[Section 310 of S. 667]
http
CRS-102
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
ormationNo provision.Authorizes the HHS Secretary, via theSame as S. 667. [Section 8311]
FPLS, to compare information of
th insurancenoncustodial parents who owe past-due child
asupport with information maintained by
insurers (or their agents) concerning
insurance claims, settlements, awards, and
payments; and to furnish any information
resulting from a match to the appropriate
state CSE agency in order to secure
settlements, awards, etc. for payment of
past-due child support. The bill stipulates
that no insurer would be liable under federal
iki/CRS-RL33157or state law for disclosures made in good
g/wfaith under this provision. In addition, a
s.orstate or federal agency that receives such
leakinformation from the HHS Secretary must
reimburse the Secretary for the costs
://wikiincurred by the Secretary in providing the
httpinformation, at rates which the Secretary
determines to be reasonable. [Section 311
of S. 667]
The FPLS is a national location systemIncludes Indian tribes and tribalSame as S. 667. [Section 8312]
ederaloperated by the federal Office of Child Supportorganizations that operate a CSE program as
arent LocatorEnforcement to assist states in locating“authorized persons.” [Section 312]
noncustodial parents, putative fathers, and
custodial parties for the establishment of
paternity and child support obligations, as well
as the enforcement and modification of orders
for child support, custody and visitation. It also
identifies support orders or support cases
involving the same parties in different states.
The FPLS consists of the Federal Case
Registry, Federal Offset Program, Multi-state
CRS-103
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
Financial Institution Data Match, National
Directory of New Hires, and the Passport
Denial Program. Additionally, the FPLS has
access to external sources such as the Internal
Revenue Service (IRS), the Social Security
Administration (SSA), Department of Veterans
Affairs (VA), the Department of Defense
(DOD), and the Federal Bureau of Investigation
(FBI). The FPLS is only allowed to transmit
information in its databases to “authorized
persons,” which include (1) child support
enforcement agencies (and their attorneys and
iki/CRS-RL33157agents); (2) courts, (3) the resident parent, legal
g/wguardian, attorney, or agent of a child owed
s.orchild support; and (4) foster care and adoption
leakagencies. [Section 453(c) of the SSA]
The Longshore and Harbor Worker’sAmends the Longshore and HarborNo provision.
://wikiCompensation Act is the federal worker’sWorkers’ Compensation Act to ensure that
httporkers’compensation law for maritime workers andlongshore or harbor workers benefits that are
persons working in shipyards and on docks,provided by the federal government or by
r child supportships, and offshore drilling platforms. The actprivate insurers are subject to garnishment
exempts benefits paid by longshore or harborfor purposes of paying child support
employers or their insurers from all claims ofobligations. [Section 315 of S. 667]
creditors. Thus, Longshore and Harbor
Worker’s Compensation Act benefits that are
paid by longshore or harbor employers or their
insurers are not subject to attachment for
payment of child support obligations. [Section
Compensation Act — 33 U.S.C. 917]
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Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
The 1996 welfare reform law mandated statesAllows an assisting state to establish a childSame as S. 667. [Section 8315]
ideto establish procedures under which the statesupport interstate case based on another
tomated datawould use high-volume automatedstate’s request for assistance; and thereby an
administrative enforcement, to the same extentassisting state would be able to use the CSE
formationas used for intrastate cases, in response to astatewide automated data processing and
request from another state to enforce a childinformation retrieval system for interstate
r interstatesupport order. This provision was designed tocases. [Section 316 of S. 667]
enable child support agencies to quickly locate
and secure assets held by delinquent
noncustodial parents in another state without
opening a full-blown interstate child support
enforcement case in the other state. The
iki/CRS-RL33157assisting state must use automatic data
g/wprocessing to search various state data bases
s.orincluding financial institutions, license records,
leakemployment service data, and state new hire
registries, to determine whether information is
://wikiavailable regarding a parent who owes a child
httpsupport obligation. The assisting state is then
required to seize any identified assets. This
provision does not allow states to
open/establish a child support interstate case.
[Section 466(a)(14) of the SSA]
CRS-105
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
equirementFederal law requires that a state CSE agencyRequires that medical support for a child beNo provision.
issue a notice to the employer of a noncustodialprovided by either or both parents and that it
parent, who is subject to a child support ordermust be enforced. Authorizes the state CSE
orcementissued by a court or administrative agency,agency to enforce medical support against a
informing the employer of the parent’scustodial parent whenever health care
edical supportobligation to provide health care coverage forcoverage is available to the custodial parent
r childrenthe child(ren). The employer must thenat reasonable cost. Stipulates that medical
om eitherdetermine whether family health care coveragesupport may include health care coverage
is available for which the dependent child(ren)(including payment of costs of premiums,
may be eligible, and if so, the employer mustco-payments, and deductibles) and payment
notify the plan administrator of each planof medical expenses incurred on behalf of a
covered by the National Medical Supportchild. [Section 320 of S. 667]
iki/CRS-RL33157Notice. If the dependent child(ren) is eligible
g/wfor coverage under a plan, the plan
s.oradministrator is required to enroll the dependent
leakchild(ren) in an appropriate plan. The plan
administrator also must notify the noncustodial
://wikiparent’s employer of the premium amount to be
httpwithheld from the employee’s paycheck.
[Section 466(a)(19) of the SSA]
P.L. 108-447, the Consolidated AppropriationsMakes technical changes to the ConsolidatedNo provision.
endmentAct of 2005, added provisions related to theAppropriations Act of 2005 with respect to
comparison of data from the Secretary of thereferences to Title IV-D provisions related
formationTreasury with data in the National Directory ofto information comparisons and other
New Hires for the purpose of collecting nontaxdisclosures. [Section 323 of S. 667]
debt owed to the federal government.
ederal
CRS-106
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
nancing Provisions
duction in rateThe federal government currently reimbursesNo provision. (See Sense of the SenateReduces the general CSE federal matching
each state 66% of the cost of administering itsprovision below.)rate of 66% to 62% in FY2007, 58% in
mbursementCSE program (i.e., the general CSE federalFY2008, 54% in FY2009, and 50% in FY2010
child supportmatching rate). It also refunds states 90% ofand each fiscal year thereafter. [Section 8319]
ministrativethe laboratory costs of establishing paternity.
penses[Section 455(a)(2) of the SSA]
Section 455(a)(1) of the Social Security ActNo provision. (See Sense of the SenateProhibits federal matching of state
requires the HHS Secretary to reimburse eachprovision below.)expenditure of federal CSE incentive
state for CSE expenditures at specified federalpayments. (This means that CSE incentive
matching rates, with the exception ofpayments that are received by states and
expenditures on (1)enforcing any state orreinvested in the CSE program are not eligible
iki/CRS-RL33157federal law with respect to parental kidnaping,for federal reimbursement.) This provision
g/wor (2) making or enforcing a child custody orwould take effect on October 1, 2007. [Section
s.orvisitation determination. P.L. 105-22 (enacted8320]
leakin 1998) required mandatory reinvestment of
://wikiCSE incentive payments by states back into theCSE program or related activities. [Section
http458(f) of the SSA]
State spending of CSE incentive payments on
CSE activities are matched at the 66% federal
matching rate (or at the 90% federal matching
rate if the activities are related to paternity
determination).
theNo provision.Note: The Senate Budget Reconciliation billNo provision.
e provisiondoes not include welfare reauthorization or
child support enforcement provisions, but
does include one provision opposing the
House bill’s reduction in CSE funding. It
affirms that the federal funding levels for the
rate of reimbursement of child support
CRS-107
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
administrative expenses should not be
reduced below the levels provided under
current law, that states should continue to be
permitted to use federal child support
incentive payments for child support
program expenditures that are eligible for
federal matching payments, and expresses
the sense of the Senate that it does not
support additional fees for successful child
support collection. [S.Amdt.2363 to S.
1932, the Deficit Reduction Omnibus
Reconciliation Act of 2005]
iki/CRS-RL33157eeFederal law requires that non-welfare familiesNo provision. (See Sense of the SenateRequires families that have never been on
g/wr successfulmust apply for CSE services, and states mustprovision below.)TANF to pay a $25 annual user fee when child
s.orld supportcharge an application fee that cannot exceedsupport enforcement efforts on their behalf are
leakor$25. The state may charge the application feesuccessful (i.e., at least $500 annually is
://wikimily that hasagainst the custodial parent, pay the fee out ofcollected on their behalf). Such fees could be
httpstate funds, or recover it from the noncustodialrecovered from the custodial parent, the
parent. In addition, states have the option ofnoncustodial parent, or the state (with state
recovering costs in excess of the applicationfunds). This provision would take effect on
fee. Such recovery may be from either theOctober 1, 2006. [Section 8304]
custodial parent or the noncustodial parent.
[Section 454(6)(B) of the SSA]
Federal law appropriates an amount equal toChanges the amount available for technicalSame as S. 667. [Section 8309]
collected on behalf of TANF families theof the federal share of child support
ngpreceding year for the Secretary to provide tocollected or the amount appropriated for
the states for: information dissemination andFY2002, whichever is greater. [Section 308
technical assistance, training of state andof S. 667]
federal staff, staffing studies, and related
activities needed to improve CSE programs
(including technical assistance concerning state
CRS-108
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
automated CSE systems), and research
demonstrations and special projects of regional
or national significance relating to the operation
of CSE programs. Such funds are available
until they are expended. [Section 452(j) of the
SSA]
Federal law appropriates an amount equal toChanges the amount available for the FPLSSame as S. 667. [Section 8310]
ederal Parent2% of the federal share of child supportto an amount equal to 2% of the federal
ocator Servicecollected on behalf of TANF families theshare of child support collected or the
ng (FPLS)preceding year for the Secretary to use foramount appropriated for FY2002, whichever
operation of the FPLS to the extent that theis greater. Makes all funds appropriated for
costs of the FPLS are not recovered by userthis purpose available until expended.
iki/CRS-RL33157fees. Funds that were appropriated for FY1997-[Section 309 of S. 667]
g/wFY2001 remain available until expended.
s.or[Section 453(o) of the SSA]
leakrants to statesThe 1996 welfare reform law (P.L. 104-193)Increases funding for Access and VisitationNo provision.
r access andauthorized grants to states (via CSE funding) togrants from $10 million annually to $12
://wikiestablish and operate access and visitationmillion in FY2006, $14 million in FY2007,
httpprograms. The purpose of the grants is to$16 million in FY2008, and $20 million
facilitate noncustodial parents’ access to andannually in FY2009 and each succeeding
visitation of their children. An annualfiscal year. Extends the Access and
entitlement of $10 million from the federal CSEVisitation program to Indian tribes and tribal
budget account is available to states for theseorganizations that had received direct child
grants. Eligible activities include but are notsupport enforcement payments from the
limited to mediation, counseling, education,federal government for at least one year.
development of parenting plans, visitationIncludes a specified amount to be set aside
enforcement, and development of guidelines forfor Indian tribes and tribal organizations:
visitation and alternative custody arrangements.$250,000 for FY2006; $600,000 for
The allotment formula is based on the ratio ofFY2007; $800,000 for FY2008; and $1.670
the number of children in the state living withmillion for FY2009 or any succeeding fiscal
only one biological parent in relation to theyear.
total number of such children in all states. The
amount of the allotment available to a state isIncreases the minimum allotment to states to
CRS-109
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
this same ratio to $10 million. The allotments$120,000 in FY2006, $140,000 in FY2007,
are to be adjusted to ensure that there is a$160,000 in FY2008, and $180,000 in
minimum allotment amount of $50,000 perFY2009 or any succeeding fiscal year. The
state for FY1997 and FY1998, and a minimumminimum allotment for Indian tribes and
of $100,000 for any year after FY1998. Statestribal organizations would be $10,000 for a
may use the grants to create their own programsfiscal year. The tribal allotment would not
or to fund programs operated by courts, localbe able to exceed the minimum state
public agencies, or nonprofit organizations.allotment for any given fiscal year.
The programs do not need to be statewide.
States must monitor, evaluate, and report onThe allotment formula for Indian tribes and
their programs in accord with regulations issuedtribal organizations that operate child
by the HHS Secretary. [Section 459B of thesupport enforcement programs would be
iki/CRS-RL33157SSA]based on the ratio of the number of children
g/win the tribe or tribal organization living with
s.oronly one parent in relation to the total
leaknumber of children living with only one
parent in all Indian tribes or tribal
://wikiorganizations. The amount of the allotment
httpavailable to an Indian tribe or tribal
organization would be this same ratio to the
maximum allotment for Indian tribes and
tribal organizations (i.e., $250,000 for
FY2006; $600,000 for FY2007; $800,000
for FY2008; and $1.670 million for FY2009
or any succeeding fiscal year). (Pro rata
reductions would be made if they are
necessary.) [Section 318 of S. 667]
mbursementFederal law (P.L. 106-113) authorized theAmends the reimbursement of costsSame as S. 667. [Section 8313]
Secretary’sDepartment of Education to have access to theprovision by eliminating the word
National Directory of New Hires. Theadditional, thereby requiring the Secretary
formationprovisions were designed to improve the abilityof Education to reimburse the HHS
of the Department of Education to collect onSecretary for any costs incurred by the HHS
defaulted loans and grant overpayments madeSecretary in providing requested information
CRS-110
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
r enforcementto individuals under the Higher Education Acton new hires. [Section 313 of S. 667]
obligations onof 1965. The Federal Office of Child Support
gher educationEnforcement (OCSE) and the Department of
Education negotiated and implemented a
Computer Matching Agreement in December
2000. Under the agreement, the Secretary of
Education is required to reimburse the HHS
Secretary for the additional costs incurred by
the HHS Secretary in furnishing requested
information. [Section 453(j)(6)(F) of the SSA]
iki/CRS-RL33157
g/wther Child Support Provisions
s.orechnicalFederal law requires that any state that has aDeletes the reference to child welfareSame as S. 667. [Section 8314]
leak
child welfare program and that has Indianprograms. [Section 314 of S. 667]
://wikicountry may enter into a cooperative agreement
httpwith an Indian tribe or tribal organization if the
tribe demonstrates that it has an established
een statestribal court system with several specific
characteristics related to paternity
esestablishment and the establishment and
enforcement of child support obligations. The
HHS Secretary may make direct payments to
Indian tribes and tribal organizations that have
approved child support enforcement plans.
[Section 454(33) of the SSA]
The 1996 welfare reform law (P.L. 104-193)Requires that each state’s Uniform InterstateNo provision.
required that on and after January 1, 1998, eachFamily Support Act (UIFSA) include any
state must have in effect the Uniform Interstateamendments officially adopted as of August
ormFamily Support Act (UIFSA), as approved by2001 by the National Conference of
terstatethe American Bar Association on February 9,Commissioners on Uniform State Laws.
CRS-111
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
amily Support1993, and as in effect on August 22, 1996,In addition, clarifies current law by
ct (UIFSA)including any amendments officially adopted asstipulating that a court of a state that has
of such date by the National Conference ofestablished a child support order has
Commissioners on Uniform State Laws.continuing, exclusive jurisdiction to modify
[Section 466(f) of the SSA]its order if the order is the controlling order
and the state is the child’s state or the
Federal law requires states to treat past-dueresidence of any individual contestant; or if
child support obligations as final judgments thatthe state is not the residence of the child or
are entitled to full faith and credit in every state.an individual contestant, the court has the
This means that a person who has a childcontestant’s consent in a record or in open
support order in one state does not have tocourt that the court may continue to exercise
obtain a second order in another state to obtainjurisdiction to modify its order. It also
iki/CRS-RL33157child support due should the noncustodialmodifies the current rules regarding the
g/wparent move from the issuing court’senforcement of modified orders. [Section
s.orjurisdiction. P.L. 103-383 restricts a state317 of S. 667]
leakcourt’s ability to modify a child support order
issued by another state unless the child and the
://wikicustodial parent have moved to the state where
httpthe modification is sought or have agreed to the
modification. The 1996 welfare reform law
(P.L. 104-193) clarified the definition of a
child’s home state, makes several revisions to
ensure that the full faith and credit laws can be
applied consistently with UIFSA, and clarifies
the rules regarding which child support orders
states must honor when there is more than one
order.
Federal law requires that audits be conducted atChanges the timing of the corrective actionNo provision.
least every three years to determine whether theyear for states that are found to be in
or statestandards and requirements prescribed by lawnoncompliance of child support enforcement
plianceand regulations have been met by the childprogram requirements. Changes the
th CSEsupport program of every state. If a state failscorrective action year to the fiscal year
the audit, federal TANF funds must be reducedfollowing the fiscal year in which the
CRS-112
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
by an amount equal to at least 1% but not moreSecretary made a finding of noncompliance
than 2% for the first failure to comply, at leastand recommended a corrective action plan.
2% but not more than 3% for the second failure,This change would be made retroactively in
and at least 3% but not more than 5% for theorder to allow the Secretary to treat all
third and subsequent failures. [Sectionfindings of noncompliance consistently.
409(a)(8)(B) of the SSA]The provision would take effect with respect
to determinations of state compliance for
The HHS Secretary also must review stateFY2002 and succeeding fiscal years.
reports on compliance with federal[Section 319 of S. 667]
requirements and provide states with
recommendations for corrective action. The
purpose of the audits is to assess the
iki/CRS-RL33157completeness, reliability, and security of data
g/wreported for use in calculating the performance
s.orindicators and to assess the adequacy of
leakfinancial management of the state program.
Federal law calls for penalties to be imposed
://wikiagainst states that fail to comply with a
httpcorrective action plan in the succeeding fiscal
year. [Section 409(a)(8) of the SSA]
otice to stateFederal law requires the health care planRequires the health care plan administratorNo provision.
ld supportadministrator to notify qualified beneficiaries ofto notify the state CSE agency if the
orcementtheir beneficiary rights with regard to healthnoncustodial parent with the health care
romcare coverage when or if one of the followingcoverage dies, loses his or her job or is
events occurs: (1) the noncustodial parent withworking fewer hours, becomes eligible for
ministratorthe health care coverage dies; (2) theMedicaid benefits, or is involved in a
noncustodial parent with the health carebankruptcy proceeding pertaining to the
coverage loses his or her job or starts workingnoncustodial parent’s former employer. In
hen a childfewer hours; (3) the noncustodial parent withaddition, the bill requires the health care
the health care coverage becomes eligible forplan administrator to notify the state CSE
Medicaid benefits; (4) the noncustodial parentagency if the noncustodial parent with the
with the health care coverage becomes involvedhealth care coverage gets divorced or
in a bankruptcy proceeding pertaining to his orobtains a legal separation, or if the
CRS-113
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
her former employer; (5) the noncustodialnoncustodial parent’s child ceases to be a
parent with the health care coverage getsdependent child (in cases where the
divorced or obtains a legal separation; or (6) thenoncustodial parent has notified the plan
child of the noncustodial parent with the healthadministrator of such an occurrence).
care coverage ceases to be a dependent child.[Section 321 of S. 667]
(With respect to (5) and (6), the noncustodial
parent (i.e., the covered employee) is required
to notify the health care plan administrator of
such an event.) [Section 606(a)(4) of the
Employee Retirement Income Security Act of
iki/CRS-RL33157inue stateFederal law stipulates that the followingfamilies automatically qualify for CSE services:Allows the state of Texas to continue tooperate its CSE program for monitoring andNo provision.
g/worfamilies receiving TANF benefits (Title IV-A),enforcement of court orders on behalf of a
s.oritoring andfoster care payments (Title IV-E), Medicaidnonwelfare families without applying for a
leakorcement ofcoverage (Title XIX), or food stamps (iffederal waiver. Currently the state of Texas
://wikild supportcooperation is required by the state). Otherdoes not require these families to apply for
httpfamilies (i.e., nonwelfare families) must applyCSE services. [Section 322 of S. 667]
for CSE services. [Sections 454(a)(4) and
454(a)(6) of the SSA; also Section 1115 of the
SSA]
Section 453(j) of the Social Security ActNo provision.Makes a technical correction to the Social
currently includes two paragraphs labeled (7).Security Act by renumbering the second
paragraph labeled Section 453(j)(7). [Section
Child Welfare
ild welfare waivers
CRS-114
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
tension ofSection 1130 (a)(1) and (2) of the SocialExtends the HHS Secretary’s authorizationSame as S. 667. [Section 8402]
Security Act permits the Department of Healthto permit child welfare demonstration
and Human Services (HHS) Secretary toprojects through FY2010. [Section 401 of S.
onstrationapprove state demonstration projects that are667]
likely to promote the objectives of the child
welfare programs authorized under Title IV-B
and Title IV-E. This authority extends through
December 31, 2005.
iki/CRS-RL33157
g/w
s.or
leak
://wiki
http
CRS-115
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
ation ofSection 1130(a)(2) limits to 10 the number ofNo provision.Removes the restriction on the number of
demonstration projects the HHS Secretary maydemonstration projects the HHS Secretary
ild welfareapprove in a single fiscal year.may approve in each fiscal year. [Section
aivers allowed8402]
iscal year
statesNo current provision. In the past, HHS hasNo provisionAdds language to assert that the HHS
expressed a “preference” for projects thatSecretary may not refuse to grant a particular
“would test policy alternatives that are unique;waiver of child welfare program rules on the
elfare waiversthat differ in their approach to serving familiesgrounds that the purpose of the waiver or
the same topicand children; [and] that differ in significantdemonstration project is similar to another
ways from other proposals.”waiver or demonstration project. [Section
iki/CRS-RL33157 8403]
g/wation ofNo current provision. In the past, HHS hasNo provision.Adds language to assert that the HHS
s.or onexpressed a “preference” for projects “that areSecretary may not impose a limit on the
leakber ofsubmitted by states that have not previouslynumber of waivers or demonstration projects
://wikiaivers that maybeen approved for a child welfaredemonstration project.”that a single state is granted. [Section 8404]
httpor
onstration
ocess forNo statutory provision.No provision.Adds language to require the HHS Secretary
to develop a “streamlined process” for
dments toconsidering amendments or extensions that
tensions ofstates propose to their demonstration projects.
onstration[Section 8405]
aivers
ility ofSection 1130(f)(1) and (2) provides that statesNo provision.Requires the HHS Secretary to make available
conducting demonstration projects under a(to states or other interested parties) any of the
CRS-116
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
waiver granted by the HHS Secretary mustdemonstration project evaluation reports that
obtain an evaluation of the project’sit receives from a state and any demonstration
effectiveness and must provide interim andproject evaluation or report made by the HHS
final evaluation reports to the HHS SecretarySecretary, with a focus on information that
when, and in the manner, that the Secretarypromotes best practices and program
requests.improvements. [Section 8406]
are Provisions
osterFederal funding for Title IV-E of the SocialAllows Puerto Rico to receive additionalNo provision.
Security Act programs for Puerto Rico isfunding for Title IV-E programs above the
included in an overall cap on funding for publiccap, but limits that additional funding to
assistance programs. Total funding to Puerto$6,250,000 for FY2007 through FY2010.
iki/CRS-RL33157nding forRico for TANF, Title IV-E and adult publicAlso, provides that any adoption incentive
g/werto Ricoassistance programs which operate in lieu ofbonuses earned would be excluded from the
s.orSupplemental Security Income (SSI) in thecap. [Section 402 of S. 667]
leakcommonwealth is limited by statute to
://wiki$107,255,000. Certain bonus, loan, andevaluation funding is excluded from that cap.
http
osterTitle IV-E foster care and adoption assistanceAllows, beginning in FY2006, an IndianNo provision.
programs may only be operated by the statestribe or tribal consortium to receive direct
and territories. Tribes may only access Titlefederal Title IV-E foster care and adoption
IV-E funds through special agreements with aassistance funding. With certain specified
state or with states.exceptions, programs are to operate under
the same rules as apply to the states. Tribes
and consortia may define service areas
where a plan is in effect and to approve
placements in foster homes that are deemed
safe by tribal standards. The federal
matching rate for foster care maintenance
and adoption assistance payments is
determined based on the per-capita income
of the service population of the tribal
CRS-117
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
program.
Alternatively ,tribes and consortia may
maintain existing cooperative agreements
with states to administer Title IV-E
programs and may continue to enter into
such agreements. [Section 403 of S. 667.]
ility forSection 472(a) provides that a state with aNo provision.Rewrites Section 472(a) generally, restating
ster Care andfoster care program approved under Title IV-Eall current eligibility requirements to clarify
must make foster care maintenance paymentsthat for purposes of determining AFDC
on behalf of eligible children who are removedeligibility, the home from which the child is
iki/CRS-RL33157from their home and placed into foster care.These eligibility criteria include a requirementremoved is always the home that a judgefound to be “contrary to the child’s welfare,”
g/wosales”that the child must have met — in the homeor the home from which the child’s parent or
s.orovision)from which he/she was removed — the incomelegal guardian entered into a voluntary
leakand other eligibility tests necessary to receiveagreement to place the child in foster care.
://wikiaid under the now-defunct Aid to Families withThe clarification is in response to a 2003
httpDependent Children (AFDC) program (as itdecision by the 9th Circuit Court of Appeals,
existed on July 16, 1996). Section 474 providesRosales v. Thompson, (321 F.3d. 835) which
that states are entitled to receive federalread the statute to permit eligibility for certain
matching funds at the Federal Medical Annualchildren to be based on their financial and
Percentage (FMAP) rate (ranging fromother circumstances in the homes of relatives
50%-83% based on state’s per capita income)who were not their parents or legal guardians
for every foster care maintenance payment itand which were not the homes that were found
makes on behalf of an eligible child. Sectionunsafe for them. The decision is contrary to
473(a)(2) provides that under one pathway tolongstanding practice and to the way the
eligibility for adoption assistance, a specialeligibility test is understood by the U.S.
needs adoptee must have been eligible for aidDepartment of Health and Human Services
under the AFDC program (as it existed on July(HHS). Under the Rosales court’s reading of
16, 1996) both in the month that the child wasthe law, states in the 9th circuit (which
removed from the home and placed into fosterincludes CA, WA, OR, AZ, MT, ID, NV, AK
care and in the month in which the adoptionand HI) may apply a broader Title IV-E
CRS-118
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
proceedings were initiated.eligibility test, and nearly any child who lived
with a relative (rather than his or her parents)
at the time of removal to foster care could be
found eligible for federal foster care.
Rewrites Section 473(a)(2) regarding
eligibility for adoption assistance to make
same clarification with regard to home of
removal that was made for foster care.
Removes the requirement that the child meet
the AFDC eligibility criteria (as they existed
on July 16, 1996) at the time the adoption
proceedings were initiated. (This provision is
iki/CRS-RL33157not expected to change the number of special
g/wneeds adoptees who are found eligible for
s.orfederal adoption assistance.) [Section 8407]
leakmitation onSection 474(a)(3) authorizes open-endedNo provision.Specifies that claims for federal matching
://wikideralfederal matching of eligible state costsfunds based on training and other
httpmbursementassociated with the federal foster care program.administrative costs on behalf of otherwise
rThese include training costs (matched at 75%)eligible children who are placed in settings
ministrativeand all other administrative costs, includingineligible for Title IV-E funding would be
penseschild placement and case management servicesavailable in only two circumstances: 1) In the
(matched at 50%). Section 472 provides that acase of a child who is placed in the home of a
condition of eligibility for federal foster carerelative that is not a licensed foster care
maintenance payment is placement of a child inprovider, for 12 months or as long as it takes
a licensed foster family home or a child carea state to normally license a foster family
institution (not including “detention facilities”home (whichever is shorter) and; 2) In the
or public institutions that accommodate morecase of a foster child who is moved from an
than 25 children). Section 471(a)(15)(B)(i)ineligible facility (e.g. a juvenile detention
provides that a state must make reasonablecenter) to an eligible facility or licensed foster
efforts to preserve a family prior to thefamily home, but for no more than 1 calendar
placement of a child in foster care or to preventmonth. Specifies that in the case of a child
or eliminate the need for removing the childwho is at imminent risk of removal to foster
CRS-119
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
from the child’s home. As part of meeting thiscare the state may only make administrative
duty, states may make certain administrativeclaims if — 1) reasonable efforts are being
claims on behalf of children who have not beenmade to prevent the removal of the child from
removed from their homes but are at imminentthe home or (if necessary) to pursue the
risk of removal. These children are calledremoval; and 2) not less than every six months
“candidates” for Title IV-E foster care. the state determines that the child continues to
be at imminent risk of removal. [Section
Transitional Medical Assistance (TMA)
tension ofThe transitional medical assistance (TMA)Would extend TMA through FY2010.No provision.
ogramprogram provides at least six, and up to 12,[Section 601 of S. 667]
iki/CRS-RL33157months of Medicaid for families that would
g/wlose eligibility because of increased earnings or
s.orthe loss of an earned income disregard. The
leakauthority for TMA expires December 31, 2005.
://wiki (If TMA were to expire, states would berequired to provide four months of additional
httpeligibility for families who would otherwise
lose Medicaid eligibility because of increased
earnings. [Section 1925]
TMATo qualify for TMA, a family must havePermits states to waive the requirement thatNo provision.
received Medicaid in three of the previous sixa family must have received Medicaid for
months. For the first six months of TMA, statesthree of the previous six months to qualify
are required to provide the same scope andfor TMA. Permits states to waive some or
duration of benefits as provided in the regularall of the requirements that a family report
Medicaid program. A family may qualify forits income and child support to maintain
up to an additional six months of TMA, but isTMA eligibility during the second six
required to report their gross earnings and childmonths of TMA. Allows states to provide
care costs in months four, seven and 10. TMAup to an additional 12 months (for a total of
may be terminated for a number of reasons,24 months of TMA) for families with
including monthly earnings net of child caremonthly earnings net of child care costs of
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Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
costs that exceed 185% of the poverty line.185% of poverty or below. [Section 601 of
[Section 1925]S. 667]
iki/CRS-RL33157
g/w
s.or
leak
://wiki
http
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Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
Supplemental Security Income
ofNo provision.Requires a federal review by the SocialRequires that SSA review a percentage of
sabilitySecurity Administration (SSA) of statestate agency disability determinations: 20% in
terminationsagency determinations of disability for theFY2006, 40% in FY2007, and 50% in FY2008
Supplemental Security Income (SSI)and thereafter.
program. It would require SSA to review at
least 25% of disability determinations in
FY2006, and 50% of all determinations for
FY2006-FY2015. [Section 501 of S. 667]
Note: There is an apparent drafting error in
the bill, which has two rules for FY2006.
iki/CRS-RL33157I EligibilityAsylees, refugees, Cuban/Haitian entrants,Extends the period of SSI eligibility for suchNo provision.
g/wr Asylees, Vietnam-born Amerasians, and certain otherpersons to nine years. [Section 502 of S.
s.orugees, andaliens whose deportation is withheld for667]
leakain Otherhumanitarian reasons are eligible for SSI for
://wikincitizensseven years after entry/grant of such status.After seven years, these persons must become
httpU.S. citizens to receive SSI. [Section 402 of
PRWORA]
Individuals eligible for past-due benefits of anNo provision.Reduces the threshold for paying past-due
mp-Sumamount (after withholding to reimburse a statebenefits in installments, to an amount (after
nefitfor interim assistance and payment of attorneywithholding to reimburse a state for interim
fees) that equals or exceeds 12 times theassistance and payment of attorney fees) that
monthly benefit are required to receive theseequals or exceeds three times the monthly
benefits in installments. [Section 1631(a)(10)]benefit. [Section 8502]
Abstinence Education State Grant Program
tension ofThe law appropriated $50 million annually forExtends the appropriation for abstinenceNo provision.
ogrameach of the fiscal years 1998-2002 for matchingeducation state grants at $50 million
ndinggrants to states to provide abstinence educationannually through FY2010. Provides that
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Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
and, at state option, mentoring, counseling, andunused funds may be reallotted to other
adult supervision to promote abstinence fromstates. (Section 201.)
sexual activity, with a focus on groups that are
most likely to bear children out-of-wedlock.
Funds must be requested by states when they
apply for Maternal and Child Health (MCH)
block grant funds and must be used exclusively
for the teaching of abstinence. States must
match every $4 in federal funds with $3 in state
funds. A state’s allotment of abstinence
education block grant program funding is based
on the proportion of low-income children in the
iki/CRS-RL33157state as compared to the national total. (Section
g/w510.)
s.or
leakFunding for the abstinence education block
grant has been extended through December 31,
://wiki2005 by temporary extension measures.
http
Social Services Block Grant
ndingThe Social Services Block Grant is funded at anIncreases funding for the Social ServicesNo provision.
annual amount of $1.7 billion. (Section 2003.)Block Grant for FY2006 through FY2010 to
$1.9 billion — Section 107(b)(2) of S. 667.
Program Integration Waivers (“Superwaiver”)
orNo directly comparable provisions. Note:Purpose: To establish a “program ofPurpose: To establish a “program of
ogramWaivers granted under the pre-TANF Aid todemonstration projects” in states (ordemonstration projects” in states (or portions
Families with Dependent Children (AFDC)portions of states) that would coordinateof states) that would coordinate multiple
program are scheduled to continue until theirassistance among qualifying programs so aspublic assistance, workforce development, and
expiration date. Under current laws governingto support working individuals and families,other programs so as to support working
the programs/ activities covered by the newhelp families escape welfare dependency,individuals and families, help families escape
proposed authority, waiver authority variespromote child well-being, or help buildwelfare dependency, promote child well-
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Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
widely and generally is not specific to programstronger families. being, or help build stronger families.
coordination. Limitations on waivers forProjects would use innovative approaches to
Workforce Investment Act programs also areNew authority: Establishes broad newstrengthen service systems and provide more
numerous. In other cases (e.g., Social Servicesauthority that would, subject to limitscoordinated and effective service delivery.
Block Grant), federal rules are limited, anddiscussed below, allow the heads of federalNew authority: Establishes broad new
there are few to waive.agencies to waive statutory and regulatoryauthority that would, subject to limits
requirements of specified covered programsdiscussed below, allow the heads of federal
(see below) at the request of state or sub-agencies to waive statutory and regulatory
state entities — Section 114(c) contains allrequirements of specified covered programs
“superwaiver” provisions.(see below) at the request of state or sub-state
entities. [Section 2041 contains House
Education and Workforce Committee
“superwaiver” provisions; section 8601
iki/CRS-RL33157contains House Ways and Means Committee
g/w provisions.
s.orNo provision.TANF, mandatory child care, and Title XX.House Ways and Means Committee Provision:
leakograms
://wikiSame as S. 667.
httpHouse Education and Workforce Committee
Provision adds:
Activities funded under Title I of the
Workforce Investment Act (WIA), except for
the Job Corps; Job Opportunities for
Low-Income Individuals (JOLI)
demonstration projects authorized under
Section 505 of the 1988 Family Support Act;
activities funded under the Wagner-Peyser
Act; activities funded under the Adult
Education and Family Literacy Act; and
activities funded under the Child Care and
Development Block Grant.
CRS-124
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
eneralFederal agencies may not use the newHouse Ways and Means Committee Provision:
quirementsauthority to waive provisions of law relating
eto:Federal agencies may not use the new
authority to waive provisions of law relating
— civil rights or prohibition ofto:
discrimination;
— the purposes or goals of any program; — civil rights or prohibition of
— “maintenance of effort” requirementsdiscrimination;
(e.g., provisions that require states or other — the purposes or goals of any program;
entities to maintain a certain level of — “maintenance of effort” requirements
spending);(e.g., provisions that require states or other
— health or safety;entities to maintain a certain level of
— labor standards under the Fair Laborspending);
Standards Act of 1938; — health or safety;
iki/CRS-RL33157 — environmental protection; — any requirement that a state pass through — labor standards under the Fair LaborStandards Act of 1938, or
g/wto a sub-state entity any funds paid to the — environmental protection.
s.or state;
leak — any “funding restriction or limitation”House Education and Workforce Committee
provided in an appropriations act; — Provision:
://wiki — requirements, the waiver of which would
httphave the effect of transferring appropriatedfunds from one appropriations account toAll of the above plus:
another; — any requirement that a state pass through
— “any funding restriction” in authorizingto a sub-state entity any funds paid to the
(or other non-appropriations) laws except forstate;
program requirements such as application — any “funding restriction or limitation”
procedures, performance standards,provided in an appropriations act; —
reporting requirements, or eligibility — requirements, the waiver of which would
standards; orhave the effect of transferring appropriated
— a requirement, if waiving it would havefunds from one appropriations account to
the effect of transferring funds from aanother;
“direct spending” program to another — “any funding restriction” in authorizing
program.(or other non-appropriations) laws except for
program requirements such as application
procedures, performance standards, reporting
requirements, or eligibility standards; or
— a requirement, if waiving it would have
the effect of transferring funds from a “direct
CRS-125
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
spending” program to another program.
ogram-Prohibits waiver of Child Care andHouse Ways and Means Committee Provision:
icDevelopment Block grant quality
quirementsimprovement, report and audit, limitation onNone.
ewhat financial assistance should be
expended for, and state plan requirements.House Education and Workforce Provision:
Cannot waive:
— Section 241(a) of the Adult Education and
Family Literacy Act (which requires that
federal funds be used to supplement, not
supplant, existing state or local spending);
— WIA requirements relating to wage and
iki/CRS-RL33157labor standards, nondisplacement protections,worker rights, participation and protection of
g/w
s.orworkers and program participants, grievance
leakprocedures and judicial review,
nondiscrimination, allocation of funds to local
://wikiareas, the eligibility of providers or
httpparticipants, the establishment and functions
of local areas and local boards, or procedures
for review and approval of plans.
plication andRequests/applications for demonstrationSame as S. 667.
project waivers under the new authority
ocesswould contain, among other items: (1) a
description and justification of the project
for which the waivers are being requested
(including how it is expected to improve
achievement of the included programs’
purposes from the standpoint of quality and
cost-effectiveness and the performance
objectives of the project), (2) information
and assurances necessary to establish that
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Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
the project will meet cost-neutrality
requirements (see below), and (3) assurance
that the applicant agencies will conduct
ongoing and final project evaluations and
make interim and final project reports.
Federal approval of waiver requests: In
general, the head of a federal agency with
responsibility for a program/activity for
which a waiver is requested may approve a
waiver/demonstration application and may
waive any requirement (subject to some
iki/CRS-RL33157limits, see below) applicable to the program
g/wto the extent necessary and appropriate for
s.orthe conduct of the proposed demonstration.
leakTo approve a project and waive
requirements, a federal agency head must
://wikidetermine that the project: (1) has a
httpreasonable likelihood of achieving the
objectives of the programs included in the
project, (2) may reasonably be expected to
meet cost-neutrality requirements (see
below), and (3) includes 2 or more covered
programs.
Approval is required of each federal agency
head with responsibility for a program
covered by the waiver/demonstration
request.
If a demonstration/waiver request is not
disapproved within 90 days of receipt, it
would be deemed approved. However, the
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Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
deadline could be extended if the federal
agency asks for additional information.
Projects may not be approved for a period
longer than five years.
t NeutralityFor any fiscal year, total federal paymentsSame as S. 667.
for affected programs in a state in which a
demonstration project under the new
authority is being conducted may not exceed
the estimated amount that would have been
paid if the project had not been conducted.
(This allows “savings” in one program to be
iki/CRS-RL33157offset by new “costs” in another program.)The determination would be made by the
g/wfederal Office of Management and Budget
s.or (OMB).
leak
://wikiUpon request by an applicant entity, the
httpOMB would be permitted (at its discretion)
to adjust the annual cost-neutrality
requirement so that cost-neutrality is
measured over a period longer than one year,
but no more than five years.
mitationLimits this waiver authority to 10 states.No limitation.
Requires an independent evaluation that, toRequires ongoing and final evaluations of the
quirementsthe maximum extent possible, uses randomproject.
assignment of potential participants to
experimental and control groups.
portsNo provision.Each federal agency would be required to
submit reports of applications for waivers/
demonstrations under the new authority to the
Senate Committee Bills (S. 667 or S. 525
Current lawas reported from committee) House Budget Reconciliation Bill
congressional committees with jurisdiction
(including the agency’s decision and the
reasons for approving or denying the
application).
Each federal agency would be required to
provide annual reports to Congress on
demonstrations approved under the new
authority (including how well each project is
improving program achievement from the
standpoint of quality and cost-effectiveness
and recommendations for program
modifications based on project outcomes).
iki/CRS-RL33157
g/w
s.or
leak
://wiki
http