This June 4, 2002, “TANF Reauthorization: Side-by-Side Senate” courtesy of the NOW Legal

Defense and Education Fund. It compares the Kennedy HELP letter, Bayh-Carper

bill and the Tripartisan principles to current law.

Current Law	Wellstone-Kennedy-Corzine (“HELP”) Letter	Bayh-Carper Proposal (S 2524)	Tripartisan Letter of Principles (expected to form the basis for the Finance Committee Mark)
FUNDING: The basic federal block grant is authorized at $16.5 billion per year. It contains a TANF Supplemental Grant and a TANF Contingency Fund.	Increases for inflation. Increases CCDBG by $11.25 billion over 5 years. Requests further increase in childcare money if greater needs are created by increased program requirements. SILENT on SSBG funding. SILENT on Supplemental grants. SILENT on Contingency funds.	Level Funds TANF - does not adjust for inflation. Increases CCDBG funding by $8 billion over 5 years. Restores SSBG funding to 2.8 B per year and authority to transfer up 10% of TANF funds Reauthorizes TANF supplemental. Reauthorizes and improves the Contingency Fund - does not lift the $2 billion cap Authorizes $25 million a year for grants to promote educational activities for career advancement, $25 million a year for support services for TANF recipients who are in college, $25 million a year for subsidized public employment programs; $50 million a year for grants for programs to improve coordination of low income assistance programs and/or to conduct outreach for such programs, $50 million a year for grants to the states to help pay the administrative costs of implementing stricter work requirements. 1 Year extension and modification of Transitional Medical Assistance (TMA).	Level funds, does not adjust for inflation. Increases CCDGB -- sufficient funding to accommodate new work participation rates. Restores SSBG funding to 2.8 B per year and authority to transfer up 10% of TANF funds. Reauthorizes the TANF Supplemental Grant at current levels Reauthorizes and improve the Contingency Fund (unclear whether they would lift the cap.) Adopts the Administration’s definition of “assistance” ; allow state designation of “rainy day funds” and increase flexibility regarding carried over funds. Increase state flexibility to transfer TANF $ to existing transportation for jobs or reverse commute projects. 5 year extension of Transitional Medical Assistance (TMA).
Individual Responsibility Plan - currently focused primarily on employment - may include obligations to keep school age children in school, immunize children, and attend parenting classes.	SILENT	Maintains current law.	BY 2004, requires states to improve and expand IRP for every family - detailing specific plan to move family into meaningful work activity and achieve self-sufficiency (including substance abuse treatment). IRP within 60 days.
Time Limit: 5 year federal limit. States may set shorter limits. States may exempt 20% caseload.	SILENT	Time limit runs in months in which “assistance” is received. Clarifies that assistance does not include child care or other support services. Adds new provision that assistance does not include rent grants to families whose income exceeds the cash assistance eligibility levels.	Maintains current law.
Time Clock does not stop.	SILENT	Does not stop the clock.	Does not stop the clock.
Current Law	HELP Letter	Bayh-Carper (S. 2524)	Tripartisan Principles
WORK REQUIREMENTS: Single Parents Families 50% Two Parent Families 90% But rates reduced based on the percentage reduction in the cash assistance caseload.	SILENT on percentage in work requirement. Supports concept of providing flexibility and credit to states that want to invest in moving people into good full-time jobs, similar to the Employment Credit concept.	Eliminates separate work participation rates for 2 parent families. Increase minimum work participation rate by 5% annually from 50% in 2002 to 70% by 2007. However, rate would not increase in any year in which child care funding is cut below the level in effect at the time of the proposal’s enactment. Also, rate would not increase more than 20% over the minimum participation rate from the previous year (taking into consideration the elimination of the caseload reduction credit). Phases out the Caseload Reduction Credit by 2006 and replaces with credit based on employment and earnings rates of welfare leavers and on child support collections.	Eliminates separate work participation rates for 2 parent families. Increase minimum work participation rate by 5% annually from 50% 2002 to 70% 2007. Rewards states for providing short-term emergency assistance (to non-welfare population) and for providing work supports like child care and transportation. Strikes caseload reduction credit, replaces with Lincoln’s employment credit. Credit for moving to work, extra credit for moving into higher paying job (33% ST avg wage); Partial credit for working at least half of required hours; Excluding people deemed severely and permanently disabled from participation requirement.
Single Parents must work 30 hours (minimum of 20 hours in direct work); single parents with children under age 6 must work 20 hours; Two-Parent families must work 35 hours. Allows states to exempt parents with children under 12 months from work requirements.	Supports keeping the work requirement to 30 hours per week for parents with children age six or older. Encourages states to make reasonable allowances for TANF recipients caring for infants or sick or disabled children. Work activities should include many types of Education – vocational, post-secondary, basic adult, work-study, GED studies, ESL, and literacy activities as work participation. Also supports wage-based transitional job programs to build skills. Supports making TANF agencies mandatory partners with the workforce system created by the Workforce Investment Act. Supports counting as work time spent in activities addressing barriers such as domestic violence, substance abuse, physical or mental impairments, limited English proficiency, limited literacy, and caring for sick or disabled children, for unspecified period of time.	Increases basic work requirement to 40 hours, 20 in “core work activities” and 20 in “self-sufficiency activities.” Core activities include employment, workfare, voc ed, OJT, job search and readiness, and job skills training. Self sufficiency activities include core activities plus high school or any activity the state determines promotes TANF purposes, including college and activities related to barriers Maintains 20 hour requirement for single parent with a child below 6, but the 20 hours must be in core work activities. Purports to extend these caretaker work rules to all custodial relatives, but fails. (Note, does not extend sanction protection to these caretakers). Continues state option to exempt parents with children under 12 months. Adds state option to exempt individuals with barriers, such as substance abuse, mental health disorders, depression, domestic violence, and need for significant job training, for no more than three months in a 24 month period.	Retains 30 hour requirement but increases so that 24 (as opposed to 20) must be in direct work activities. Maintain existing criteria for what counts as “work” will allow more activities if included in families IRP. Maintain current law provision deeming single parents with children under 6 engaged in 20 hours of work as meeting full work requirement. Unclear whether maintains state option re: parents with children under 12 months (expect it will).
Current Law	HELP Letter	Bayh-Carper (S. 2524)	Tripartisan Principles
EDUCATION : Caps number of people in high school or vocation education whom a state can count as engaged in a work activity at 30% of all those engaged in a work activity	SILENT	Maintains 30% cap, but teen parents no longer count towards cap.	Maintains 30% cap, but teen parents no longer count towards cap.
Limits Time vocational education counts to 12 months	SILENT	Allows up to half of voc ed participants to be counted for 24 months with certain limitations.	Allows states to provide up to 24 months of voc ed (if in IRP)
Higher Education not included as a work activity and thus states who have allowed individuals to engage in higher education have done so by creating own state system	Higher Education should count as a work activity, SILENT on amount of time, SILENT on stopping the clock.	Allows states to include higher ed as a self-sufficiency work activity States could count as ½ a participant recipients in higher ed at least 20 hours a week, certain non-custodial parents receiving employment services, a recipient who has at least 15 hours of core work and 15 hours addressing barriers, and persons receiving only substantial child care or transportation assistance. No more than 30% of the individuals in families subject to work requirements can be counted under this section.	DOES NOT Speak to higher education. Basic adult education will count toward full work participation requirement for 3 months. May be extended an additional 3 months if combined with work or job-readiness activities (if IRP). States will be allowed to count basic adult ed as part of 6 hour work requirement until completed.

Current Law	HELP Letter	Bayh-Carper (S. 2524)	Tripartisan Principles
CHILD CARE: Protections. Provides protection against sanction for single parents who cannot comply with work requirement due to a lack of childcare for child under age 6.	States should make reasonable allowances for recipients caring for infants or sick or disabled children in regard to work requirements. Appears to maintain 20 hours for parents with children under age six.	Maintains current law	SILENT - suspect will maintain current law. Promises to include some TANF child care provisions in childcare co-authored by Snowe/
Child Care availability	Increases CCDGB grant by $11.25 Billion over five years in mandatory spending to meet current need at 30 hours per week, and asks for even further increase if more need is created by increased program requirements.	Increases CCDGB grant by 8 billion over 5 yrs.	Promises to increase CCDGB sufficiently to cover new participation rates.
Caregiving provides states the option to exempt single parents with a child under age 1 from work requirements.	Suggests work exemptions for parents with infants, and appears to maintain the 20 hours for parents with children under age six.	Maintains current law	SILENT suspect will maintain current law.

Current Law	HELP Letter	(S. 2524)	Tripartisan Principles
Family Violence Option (FVO) State discretion to implement the Family Violence Option (FVO) to: screen for domestic or sexual violence, provide referral to services, waive program requirements that were unfair or unsafe. Promised confidentiality	SILENT	Maintains current FVO	SILENT - suspect will maintain current law - may enhance
Other Barriers: No screening or provision of services requirement	SILENT on screening, assessment, or referral to services, but would allow participation on Barrier activities to count as work. “Barriers” include physical and mental impairments, domestic and sexual violence, substance abuse, limited English proficiency or low literacy, and caring for sick or disabled children.	Does not require screening or provision of services to address barriers, but provides states with options regarding work requirements for people with barriers.	Requires universal IRP --will apparently including screening/certification of substance abuse and treatment services in IRP…
Sanction Protections for Barriers were not built into law	SILENT	Provides no sanction protections	SILENT
Addressing Barriers Does not Count as Work - current law does not address barriers or count any services as work, does allow states to exempt up to 20% of its caseload from time limits based on “hardship”	Counts services to address barriers as a work activity for unspecified period of time.	Allows states to count barrier- overcoming activities for up to 20 hours of the 40 hour work requirement. For 3 months in a 24 month period states may exempt participants in barrier-overcoming activities from work and from inclusion in work rate calculation. If the individual is able to work in a core work activity for 20 hours per week, the other 20 required hours can be work towards overcoming barriers. This would give the state full credit. States can receive partial credit for recipients engaged in core work activities for at least 15 hours per week and a self-sufficiency activity dealing with barriers for at least another 15 hours. But, not more than 30% can be counted under this provision. Would support Transitional Jobs Program (above) which would allow individuals to combine work with services to address barriers.	Will allow 3 months of full-time substance abuse and 3 additional months of combined treatment/job-readiness activities to count toward work (if IRP).

Current Law	HELP Letter	Bayh-Carper (S. 2524)	Tripartisan Principles
FAMILY FORMATION: Illegitimacy Bonus offers states a financial incentive to reduce out-of-wedlock childbearing by all women in the state regardless of age or income level through an annual $100 million “illegitimacy bonus” to reward the five states that achieve the greatest reduction in out-of-wedlock births without increasing the number of abortions. Marriage Promotion- There are no marriage promotion set asides under current law.	States should have flexibility to support efforts to balance work and family responsibilities, and meet the unique needs of working families with children, including infants or sick or disabled children.	Eliminates the Illegitimacy Bonus to fund teen pregnancy services (see below). Fatherhood: $25 million a year for grants for media campaigns to promote responsible fatherhood; $50 million a year for a responsible fatherhood block grant program; $50 million for Fiscal Year 2003 for grants to a non-profit fatherhood organization and a national clearinghouse for responsible fatherhood; $30 million a year for grants for projects to coordinate services for non-custodial parents; $200 million a year for an employment services program for non-custodial parents with a history of nonpayment.	Believe will eliminate to fund marriage. Support using TANF dollars to encourage healthy marriages. Provide $100 million annually to conduct research and demonstration projects, and provide technical assistance primarily focusing on family formation and healthy marriage activities. An additional $100 million grant program to a limited number of states to develop innovate approaches to promoting healthy marriage and reducing out of wedlock births. These funds can be used to support teen pregnancy prevention programs. Grantees must address the needs of domestic violence victims.
Marital Status the current law contains purposes and policies designed to modify women’s private child bearing and marriage choices Federal Law permits stricter t eligibility requirements for two-parent families.	SILENT	Eliminates separate 2-parent family Participation Rates, makes a new 70% participation rate for all families Prohibits states from imposing stricter eligibility criteria for two-parent families - Adds penalty if states do so.	Eliminates Separate 2-parent family Participation Rates, makes a new 70% participation rate for all families SILENT on other non-discrimination provisions.
Family Cap Federal law permits family cap. 23 states deny assistance to children born to a woman on welfare	SILENT	Does not prohibit Family Cap	SILENT on family cap - suspect will not prohibit
Abstinence-only programs funded $250 million over 5 years (w/ state match)	States should have flexibility to use abstinence education funds to provide comprehensive sex education that promotes abstinence, but also provides medically accurate information to reduce health risks and teen pregnancy.	Does not reauthorize Abstinence-only funding	Reauthorizes TANF abstinence-only money at $50 million per year; also reauthorizes Adolescent Family life abstinence program at current funding level.
Other Reproductive/Family Programs		Authorizes $ 50 million for FY 2003 and then $ 100 million a year for an “abstinence first” teen pregnancy prevention program, focusing on women and men. Creates a teen pregnancy prevention resource center funded at $10 million /year.
Child Support: An individual must cooperate in establishing paternity for her child, in obtaining and enforcing a child support order and in agreeing to turn over to the state, all child support owed to her Barring a good cause exception to the rule, refusal to cooperate must result in either a reduction in benefits or total denial of any assistance. States are no longer required to pass through any portion of that child support to the child. Most states keep the money as a way to finance their welfare system	SILENT	Retains cooperation and child support assignment requirements. Assignment of child support rights will no longer cover arrears which accrued prior to a family’s TANF receipt. Allows states to pass through child support (to families currently or formerly on welfare) and provide federal financial incentive for doing so subject to a monthly limit for current recipients of $400 a child or $600 a family. Bars states from collecting child support for Medicaid covered birthing costs Funds demonstration projects for child support enforcement; and to increase collection, including finding ways to establish contact with father early in process. GAO to report on private child support collections. Lowers threshold for passport denial to $2,500 /in past due support from $5,000. Permits the use of the federal tax refund offset to collect child support arrears after a child has turned 18 years old.	Appears to retain current cooperation and child support assignment requirements. Supports allowing states to pass through child support to families currently or formerly on welfare and provide federal financial incentive for doing so. Based principle on the Snowe Child Support Distribution Act of 2001.
High Performance Bonus States compete for a portion of a $200 million annual bonus designed to reward states for achieving the goals of welfare reform. Starting in 2002, a $10 million “family formation” measure will reward the ten states with the largest percentage point increase in the number of children who reside in married, two-parent families.	SILENT	Eliminates the High Performance Bonus.	SILENT on the High Performance Bonus.
IMMIGRANT PROVISIONS: 5-year ban imposed on access to TANF for legal immigrants entering after 1996	Full and immediate restoration of TANF, Medicaid, and SCHIP benefits to legal immigrants.	Adds state option not to apply the 5 year ban in TANF. Adds state option not to apply the 5 year ban in Medicaid to immigrants who are children or pregnant. Authorizes $50 million a year for grants to states disproportionately impacted by federal immigration policy.	Adds state option not to apply the 5 year ban in TANF.
Deeming	SILENT	Maintains current deeming rules	SILENT
CIVIL RIGHTS: The current law specifies that welfare recipients are protected by certain civil rights laws prohibiting discrimination based on age, disability, and race. The following laws are listed as applying to programs or activities receiving TANF funds: (1) The Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.); (2) Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794); (3) The Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et. seq.); and (4) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et. seq.)” The current law does not refer specifically to any protections against gender discrimination, even though the vast majority of adult TANF recipients are women. The Welfare-to-Work law contains a gender discrimination provision. 42 U.S.C. § 603(a)(5)(I)(iii). This protection applies to Welfare-to-Work funded programs, not all TANF work activities.	Ensure compliance with nondiscrimination, civil rights, and employment laws. Codify the Dept of Labor’s determination that TANF recipients are protected by same workplace and civil rights as that apply to other workers. Recipients should not receive less than minimum wage, and should not be used to replace current employees or positions. States should ensure recipients are informed of their civil rights, and monitor enforcement of non-discrimination in service delivery, including data collection to ensure compliance. Caseworkers should be appropriately trained in civil rights laws.	Requires application of workplace laws, including Fair Labor Standards Act of 1938 (29 USC 201 et seq.), the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et. Seq.) title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) and the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et. seq.) to TANF recipients in the same manner as such laws apply to other workers. The fact that an individual is on TANF shall not deprive the individual of the protection of any Federal, State, or local workplace law.	Requires a GAO report on how states have complied with the requirements of the Age Discrimination Act of 1975, Section 504 of the Rehabilitation Act of 1973, the ADA and Civil Rights, as well as make recommendations for improving compliance.

OTHER

Income Supplements: As families transition off welfare, they should retain eligibility for additional income supplements, without requiring states to count those months against the federal lifetime limits on assistance. Transitional Medicaid should be reauthorized for five years, and be available to families leaving welfare to work.

June 4, 2002

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