For other versions of this document, see http://wikileaks.org/wiki/CRS-RL32834
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Order Code RL32834
CRS Report for Congress
Received through the CRS Web
TANF Reauthorization: Side-by-Side Comparison
of Current Law, S. 667, and H.R. 240
(TANF Provisions)
Updated September 26, 2005
Gene Falk
Domestic Social Policy Division
Congressional Research Service ~ The Library of Congress
TANF Reauthorization: Side-by-Side Comparison of
Current Law, S. 667, and H.R. 240 (TANF Provisions)
Summary
The 109th Congress is considering legislation to reauthorize the block grant of
Temporary Assistance for Needy Families (TANF) for five years. Congress has
inconclusively debated long-term TANF authorizations since 2002, instead adopting
short-term extensions. The latest extension (P.L. 109-19) funds the program through
December 31, 2005. Thus far in the 109th Congress, the Senate Finance Committee
has reported S. 667 (S.Rept. 109-51). A bill introduced by House Republican
leaders, H.R. 240, has received approval from the House Ways and Means
Committee's Subcommittee on Human Resources.
S. 667 and H.R. 240 are very similar in terms of how they would continue
funding under the TANF program. Both bills extend basic TANF funding at current
levels ($16.6 billion for the 50 states, the District of Columbia, and the territories)
through FY2010 and extend supplemental grants provided to 17 states through
FY2009. Both bills provide new, categorical grants for marriage promotion activities
totaling $200 million per year financed through a reduction in current TANF bonuses
to states. The major difference in the TANF funding provisions of the two bills is
how they provide extra contingency (recession-related) funding to the states. H.R.
240 essentially extends the current law fund that provides matching grants to states
experiencing high and increased unemployment rates and food stamp caseloads. S.
667 eliminates the requirement that states expend additional money to access
contingency funds, and instead bases extra funding on the cost of increased caseloads
for states that meet revised unemployment or food stamp caseload criteria.
The two bills would substantially revise the TANF work participation standards
that states must meet. Under current law, 50% of TANF families with an adult or
minor household head must participate, though the 50% rate is reduced by caseload
reductions that have occurred since welfare reform. Both S. 667 and H.R. 240 would
raise this standard to 70%, though under both bills the standard could be reduced
through credits (though the credits differ between the two bills). Both also eliminate
a separate 90% participation rate requirement for two-parent families. Both bills
would raise the minimum hours required of family members in order to be considered
full participants, though H.R. 240 would raise them by more than would S. 667. The
bills also differ in the activities countable toward the participation standards: H.R.
240 narrows the list of activities countable, requiring recipients to spend at least 24
hours in work, community service, or work experience programs except for a short
(usually three-month) period when states may themselves define what counts as
"activities." S. 667 keeps all activities under current law as countable, and allows
states to count a wider range of activities for three months (more under some
circumstances).
Both bills contain non-TANF provisions relating to child support enforcement,
responsible "fatherhood" programs, and transitional medical assistance (not
addressed herein). This report will be updated as S. 667 and H.R. 240 move through
the legislative process.
Contents
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Summary of the Similarities and Differences Between the Two Bills . . . . . . . . . 1
TANF Funding Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Basic Funding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Supplemental Grants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Contingency Funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Uses of Grants and Program Requirements . . . . . . . . . . . . . . . . . . . . . . 3
Work Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Participation Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Hours Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Creditable Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Marriage Promotion Grants and Family Formation Issues . . . . . . . . . . . . . . 6
Other TANF Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Detailed Comparison of TANF Provisions of S. 667 and H.R. 240 . . . . . . . . . . . 7
Short Title, Findings, and Statement of TANF Goals and Purposes . . . . . . . . . . . 8
Short Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Findings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
TANF Goals and Purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
TANF Financing Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
State Family Assistance Grants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Supplemental Grant for Population Increases in Certain States . . . . . . . . . . . . . . 9
Bonus to Reward Employment Achievement . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Bonus to Reward Reductions in Out-of-wedlock Births . . . . . . . . . . . . . . . . . . . 11
Contingency Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Needy State Eligibility Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Financial Eligibility Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Contingency Fund Grant Amounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Tribal Eligibility for Contingency Funds . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Additional Grants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Social Service Capitalization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Car Ownership Grants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Transitional Jobs/business Links Grants . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Domestic Violence Prevention Grants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Repeal of Federal Loan Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Maintenance of Effort . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Funding for Child Care . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Puerto Rico . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Use of Funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
General Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Transfer of funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Carryover of Funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Use of Funds for Education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Direct Funding and Administration by Indian Tribes . . . . . . . . . . . . . . . . . . . . . 18
Tribal Work Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Tribal Capacity Grants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Work Participation Requirements and Standards . . . . . . . . . . . . . . . . . . . . . . . . 19
Universal Engagement and Family Self-sufficiency Plan Requirements . . . . . . 19
Sanctions Against Individuals for Work Refusal . . . . . . . . . . . . . . . . . . . . . . . . 22
Work Participation Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Caseload Reduction Credit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Employment Credit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Study of the Employment Credit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Calculation of Participation Rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Infant Exemption from the Work Participation Rate . . . . . . . . . . . . . . . . . . 27
Excluding Families in Their First Month of Assistance from
the Work Participation Rate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Treatment of Sanctioned Families in the Work Participation Rate . . . . . . . 27
Penalty for Failing Participation Rate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Countable Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
"Core" Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Qualified Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Supplemental Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Postsecondary Education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Special Rules for Rehabilitative Activities . . . . . . . . . . . . . . . . . . . . . . . . . 31
Caring for a Disabled Family Member . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Work Activities in Indian Areas of High Joblessness . . . . . . . . . . . . . . . . . 31
Numerical Limits on Vocational Education and Teen Parents . . . . . . . . . . 32
Required Hours of Work Activity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Special Rule for Teen Parents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Partial Work Credit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Extra Work Credit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Other Requirements with Respect to Families Receiving Assistance . . . . . . . . . 34
Drug Testing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Eligibility for Teen Parents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Displacement of Regular Workers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Marriage Promotion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
TANF Goals and Purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Funding for Marriage Promotion Matching Grants . . . . . . . . . . . . . . . . . . . . . . . 37
Allowable Activities for Marriage Promotion Grants . . . . . . . . . . . . . . . . . 37
Domestic Violence Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Requirements for Voluntary Participation . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Performance Goals/reporting Requirements . . . . . . . . . . . . . . . . . . . . . . . . 39
Research and Demonstrations on Marriage Promotion . . . . . . . . . . . . . . . . . . . . 40
Provisions to Address Domestic Violence and Voluntary Participation
Issues for Research Funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
State Plans, Data Reporting, Research (Other than Marriage Promotion)
and Other Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
State Plan Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Participation of Faith-based Organizations in Provision of Services . . . . . 42
State Plan Requirement for Community Service after Two Months . . . . . . 42
Measurable Performance Goals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
Program Strategies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
Description of State Assistance Programs . . . . . . . . . . . . . . . . . . . . . . . . . . 43
Indian and Tribal Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
Two-parent Families . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
Description of Additional State Options for the Work Requirements . . . . . 44
Standard Form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Performance Measures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Rankings of States . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Data Collection and Reporting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Data Reporting on Work Participation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
Data Reporting on Indians . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
Reporting on Families Leaving TANF . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
Reports for Families Receiving TANF-funded Child Care . . . . . . . . . . . . . 49
Monthly State Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
Annual State Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
HHS Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
Information on Indians in the TANF Annual Report . . . . . . . . . . . . . . . . . . 51
Single Audit Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
Research, Evaluations, and National Studies . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
Research on State Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
Indicators of Child Well-being . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Research on Tribal Social Services Issues . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Census Bureau Study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Teen Pregnancy Resource Center . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
Best Practices for Dealing with Domestic Violence . . . . . . . . . . . . . . . . . . . . . . 54
Waivers and Program Coordination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
State Option to Make TANF Programs Mandatory Partners with
One-stop WIA Centers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
Sense of the Congress . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
Enforcing Support of Immigrants by Sponsors . . . . . . . . . . . . . . . . . . . . . . . . . . 57
List of Tables
Table 1. Comparison of Current Law with S. 667 and H.R. 240
(TANF Provisions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
TANF Reauthorization: Side-by-Side
Comparison of Current Law, S. 667, and
H.R. 240 (TANF Provisions)
Introduction
The 109th Congress is considering legislation to reauthorize the block grant of
Temporary Assistance for Needy Families (TANF) for five years. The 108th
Congress and its predecessor, the 107th Congress, both inconclusively debated a long-
term authorization for TANF and related programs. The program has received 11
short-term extensions since the original funding authority for TANF expired on
September 30, 2002. The latest extension ( P.L. 109-68) funds the program through
December 31, 2005.
The Senate Finance Committee has reported an original bill, S. 667 (S.Rept.
109-51). H.R. 240, introduced by House Republican leaders and making its way
through House committees of jurisdiction, is similar to bills that passed the House
in 2002 and 2003. That bill was approved by the House Ways and Means
Committee's Subcommittee on Human Resources on March 15, and awaits full
committee action, as well as consideration by other committees that have
jurisdictions over parts of the bill.1
Summary of the Similarities and Differences
Between the Two Bills
S. 667 and H.R. 240 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. 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. This report provides a comparison of the TANF provisions of S. 667 and
H.R. 240. It does not address non-TANF provisions of both bills, such as revisions
to the Child Care and Development Fund, Child Support Enforcement, Abstinence
Education, and transitional Medicaid. One of the key differences between S. 667 and
H.R. 240 is the level of funding for child care. S. 667 would add $6 billion over five
1
In addition to the House Ways and Means Committee, H.R. 240 was referred to the House
Committees on Energy and Commerce, Education and the Workforce, Agriculture, and
Financial Services.
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years to current levels of mandatory child care funding. H.R. 240 would add $1
billion over five years above current levels of mandatory child care funding.
TANF Funding Provisions
S. 667 and H.R. 240 have very similar funding provisions, although they do
differ in some details. The major difference in the funding provision between the
two bills is that S. 667 would completely revamp the TANF contingency (recession)
funds, while H.R. 240 would make relatively minor revisions to the fund.
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 have been adjusted for inflation.
Both S. 667 and H.R. 240 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 S. 667 and
H.R. 240 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 revisions to the TANF contingency
fund. H.R. 240 would continue the fund on existing rules, with some relatively
minor modifications: allowing some additional state spending to count toward
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meeting the FY1994 funding level threshold and modifications to increase grants for
states that qualify for funds for only part of the year.
S. 667 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 eliminate the matching requirements. Instead, it requires that unspent
TANF balances be below a certain threshold to qualify for contingency funds. S. 667
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.
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%. H.R. 240
would raise the overall transfer limit to 50%; S. 667 would retain the current 30%
transfer limit.
Both bills include provisions to ease some rules regarding use of TANF funds.
Both S. 667 and H.R. 240 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
requirements. 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 S. 667 and H.R. 240 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. H.R. 240 also requires
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states to end benefits ("full family sanction") for families that fail to comply with
work participation rules.
Both S. 667 and H.R. 240 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 before 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 S. 667 and H.R. 240 raise the work participation standard for all families
to 70% by FY2010, and eliminate the separate standard for two-parent families. Both
bills 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. H.R. 240
retains, but revises, the current law caseload reduction credit so that caseload change
is 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.
S. 667 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 50% in FY2010.
There is no such minimum effective standard in H.R. 240.
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 is required for single parents with a pre-school
child (under the age of 6), and 30 hours is required for other families. Higher hours
are set for the purposes of the two-parent work participation rate.
Both S. 667 and H.R. 240 raise the hours standards. H.R. 240 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.
CRS-5
S. 667 also raises the hours standard for full credit, but to a lesser extent than
proposed in the House-passed 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.
H.R. 240 and S. 667 differ significantly on the types of activities countable as
core activities toward the participation standards. H.R. 240 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 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, S. 667 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 H.R. 240 and S. 667 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). H.R. 240 would allow states to define activities
for families with at least 24 hours in core activities; S. 667 would allow states to
count an expanded set of activities for single-parent families with at least 24 hours
per week in core activities.
S. 667 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
CRS-6
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, S. 667 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 S. 667 and H.R. 240 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. H.R. 240 would require that these funds be used "primarily" for
marriage promotion; S. 667 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.
Although the two bills provide similar funding for "marriage promotion"
activities, they differ significantly in the details of their provisions authorizing these
grants. S. 667 has additional language requiring that organizations familiar with
domestic violence issues be consulted in developing marriage promotion projects and
language to clarify that marriage promotion activities are to be voluntary. S. 667 also
prohibits states from sanctioning recipients who do not participate in marriage
promotion activities.
Other TANF Provisions
Both S. 667 and H.R. 240 would make additional amendments to TANF
provisions regarding state plans, data reporting, tribal TANF programs, and other
provisions of TANF law. These provisions are included in the detailed bill
CRS-7
comparison table shown below. Among the other TANF provisions addressed in the
reauthorization bills:
! H.R. 240 (as amended by the House Ways and Means Subcommittee
on Human Resources) would require states to conduct drug tests on
applicants and recipients of TANF assistance if the state believes the
individual has recently used drugs. Positive drug tests would lead
to a required sanction of the family's benefit, potentially ending
benefits to the family for up to three years.
! S. 667 includes authorizations for additional special-purpose
(categorical) grants other than marriage promotion grants that would
be added to the TANF block grant. These grants include those to
allow states to operate programs to purchase cars; transitional
jobs/business link grants for model employment and training
programs for TANF recipients with barriers; grants for organizations
that create "self-sustaining" social services (e.g., Goodwill
Industries); and domestic violence grants.
! S. 667 allows states to provide assistance for teen parents not living
with an adult for up to 60 days, to provide a period for the teen to
come into compliance with the current law requirement to live at
home or in an adult-supervised setting.
! S. 667 includes several provisions relating to tribal welfare
programs, including a $5 million per year increase in funding for
tribal work programs, an $80 million (over five years) grant for
tribes for activities that aim to increase their capacity to operate
TANF programs, and tribal eligibility for TANF contingency and
bonus funds. H.R. 240 funds tribal TANF programs and work
program at current levels through FY2010 and makes tribal
organizations eligible for TANF bonuses.
Detailed Comparison of TANF Provisions
of S. 667 and H.R. 240
Table 1 provides a detailed comparison of the TANF provisions of S. 667 and
H.R. 240. The table provides references to current law provisions in the Social
Security Act (SSA). It also denotes the section number in each of the bills in which
the provision is found.
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Table 1. Comparison of Current Law with S. 667 and H.R. 240 (TANF Provisions)
H.R. 240 (as approved by the House Ways
S. 667 (as reported by the Senate Finance and Means Subcommittee on Human
Current law Committee) Resources)
Short Title, Findings, and Statement of TANF Goals and Purposes
Short Title The Personal Responsibility and Work The Personal Responsibility and Individual The Personal Responsibility, Work, and Family
Opportunity Reconciliation Act of 1996 (P.L. Development for Everyone Act (PRIDE). Promotion Act of 2005.
104-193).
Findings P.L. 104-193, the Personal Responsibility and No provision. Makes a series of findings related to: (1) the
Work Opportunity Reconciliation Act of 1996, success of the 1996 law in moving families
made a series of findings related to marriage, from welfare to work and reducing child
responsible parenthood, trends in welfare poverty; (2) progress made by the nation in
receipt and the relationship between welfare reducing teen pregnancy and births, slowing
receipt and nonmarital parenthood, and trends increases in nonmarital births, and improving
in and negative consequences of nonmarital and child support collections and paternity
teen births. [Section 101 of PRWORA] establishment; (3) the flexibility provided by
the 1996 law for states to develop innovative
programs; (4) further progress to be made in
promoting work, strengthening families, and
enhancing state flexibility to build on the
success of welfare reform; and (5) establishing
the 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 4]
TANF Goals and Purposes The purpose of TANF is to increase state Revises goal no. 4 to "encourage the formation The overall purpose of TANF is to improve
flexibility in operating a program designed to: and maintenance of healthy two-parent married child well-being by increasing state flexibility
(1) assist needy families so that children may families, and encourage responsible in operating a program designed to: (1) provide
live in their homes or those of relatives; (2) end fatherhood." [New language in italics] [Section assistance and services to needy families so that
dependence of needy parents on government 103(d)] children may live in their homes or those of
CRS-9
H.R. 240 (as approved by the House Ways
S. 667 (as reported by the Senate Finance and Means Subcommittee on Human
Current law Committee) Resources)
benefits; (3) reduce out-of-wedlock relatives, (2) end dependence of needy families
pregnancies; and (4) encourage the formation on government benefits and reduce poverty; (3)
and maintenance of two-parent families. reduce out-of-wedlock pregnancies; and (4)
[Section 401 of the Social Security Act (SSA)] encourage the formation and maintenance of
healthy, two-parent married families, and
encourage responsible fatherhood. [New
language in italics] [Section 101]
TANF Financing Provisions
State Family Assistance Provides capped grants (entitlements to states Retains basic block grants, and extends them Same as S. 667. [Section 102(b)]
Grants and territories). Nationally, annual family through 2010 at current funding levels.
assistance grants total $16.567 billion for the Appropriates $16.567 billion annually for
states, the District of Columbia (D.C.), and the family assistance grants to the states, D.C., and
territories. Each jurisdiction's annual grant the territories. Provides that the annual grant of
equals the same share of the national total as in each jurisdiction shall equal its FY2002
FY2002. [(Section 403(a)(1) of the SSA] proportion of the national grant total. [Section
102(a)]
Also provides matching grants for the territories Extends funding for matching grants to the Same as S. 667. [Section 102(c)]
(Section 1108(b) of the SSA). territories through FY2010. [Section 102(b)]
Supplemental Grant for Supplemental grants for (17) states with low Extends supplemental grants for FY2006 Same as S. 667. [Section 104]
Population Increases in historic federal grants per poor person and/or through FY2009, at current funding levels
Certain States high population growth. Grants grew each ($319 million). [Section 104]
year, from $79 million in FY1998 to $319
million in FY2001. Grants frozen at $319
million since FY2001. [Section 403(a)(3) of
SSA]
CRS-10
H.R. 240 (as approved by the House Ways
S. 667 (as reported by the Senate Finance and Means Subcommittee on Human
Current law Committee) Resources)
Bonus to Reward High-performance bonus of $200 million per Replaces the high-performance bonus with a Replaces the high-performance bonus with a
Employment Achievement year on average. [Section 403(a)(4) of the bonus to reward employment achievement. bonus to reward employment achievement.
SSA] Employment achievement bonuses would total Average total bonuses would be $100 million
$50 million for each of FY2006 through for each of FY2006 through FY2011. [Section
FY2008, and $100 for each of FY2009 through 105]
FY2011. [Section 105]
Maximum bonus for a state equals 5% of its Maximum bonus for a state equals 5% of its Same as S. 667. [Section 105]
family assistance grant. family assistance grant. [Section 105]
Bonus based on achievement of TANF goals, Bonus to be based on absolute and relative Bonus to be based on absolute and relative
with formula developed by the Department of progress toward the goal of workforce progress toward goals of job entry, job
Health and Human Services (HHS) in attachment and advancement. [Section 105] retention, and increased earnings. Formula to
consultation with the National Governors be developed by HHS, in consultation with the
Association and the American Public Human states. [Section 105]
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,
formula adds family formation outcomes, child
care affordability, and coverage by food stamps
and Medicaid/SCHIP. [Section 403(a)(4) of the
SSA]
Makes tribes eligible for the bonus, setting Makes tribal organizations eligible for the
aside 2% of total employment achievement bonus and directs the Secretary to consult with
bonus dollars for them, and directs the tribal organizations regarding criteria for their
Secretary to consult with them regarding awards. [Section 105]
criteria for their awards. [Section 105]
Reduces FY2005 high-performance bonus Reduces the FY2005 high-performance bonus
amount to $0. [Section 702] amount to $100 million. [Section 122]
No provision. Provides that appropriated amounts unspent (as
of the date of enactment) for high-performance
bonuses will be available through FY2005 for
payment of high-performance bonuses for
bonus year 2005 -- on terms in effect before
repeal of that bonus. [Section 105]
CRS-11
H.R. 240 (as approved by the House Ways
S. 667 (as reported by the Senate Finance and Means Subcommittee on Human
Current law Committee) Resources)
For FY2006 and FY2007, employment For FY2006, employment achievement bonus
achievement bonus may be based on three may be based on three components of the
components of the repealed high-performance repealed high-performance bonus -- job entry
bonus -- job entry rate, job retention rate, and rate, job retention rate, and earnings gain rate.
earnings gain rate. [Section 105] [Section 105]
Bonus to Reward Appropriated $100 million yearly for bonuses Repeals the bonus beginning in FY2006, and Repeals the bonus beginning in FY2005, and
Reductions in Out-of- to the five states with the largest percentage uses the $100 million per year to fund grants uses the $100 million per year to fund grants
wedlock Births decline (over recent two years) in the out-of- for marriage promotion activities (see Matching for marriage promotion activities. [Section
wedlock birth ratio. To qualify, states had to Grants for Marriage Promotion, below). 103(b)]
reduce their abortion rate to below that of [Section 103(b)]
FY1995. [Section 403(a)(2) of the SSA]
Contingency Fund Capped matching grants (maximum $2 billion) Appropriates such sums as are needed for Appropriates such sums as needed for
provided in case of recession. To qualify for contingency fund grants, up to $2 billion over contingency fund grants, up to $2 billion over
contingency dollars, states must be "needy" and five years, FY2006-FY2010. To qualify for five years, FY2006-FY2010. To qualify for
must spend under the TANF program a sum of contingency grants, a state must be "needy," contingency grants, states must be "needy" and
their own dollars equal to their pre-TANF have sufficiently low TANF balances, and have must spend under the TANF program a sum of
spending. [Section 403(b) of the SSA] an increase in its assistance caseload of over their own dollars equal to their pre-TANF
5%. spending.
Needy State Eligibility The law provides two needy state triggers: ( 1) To trigger on as needy, a state must (1) have an Retains current law needy state triggers, but
Criteria an unemployment rate for a three-month period increase (due in large measure to economic revises the food stamp trigger, requiring that
that is at least 6.5% and is 10% or more above conditions) of 5% in the monthly average the FY1994-FY1995 caseload base be
the rate for the corresponding period in either unduplicated number of families receiving readjusted for policy changes made after
of the two preceding calendar years; or (2) a assistance under its TANF program in the most passage of 1996 welfare law. [Section 106(c)]
food stamp caseload increase of 10% over the recently concluded three-month period with
FY1994-FY1995 level (adjusted for the impact data, compared with the corresponding period
of immigrant and food stamp constraints in the in either of the two most recent preceding fiscal
1996 welfare law). [Section 403(b)(5) of the years, and (2) meet one of three other
SSA] 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
CRS-12
H.R. 240 (as approved by the House Ways
S. 667 (as reported by the Senate Finance and Means Subcommittee on Human
Current law Committee) Resources)
data, the average rate of insured unemployment
must be at least one 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 increased caseload was due, in
large measure, to economic conditions rather
than to policy change. A state that initially
qualifies as needy because of its TANF
caseload plus its food stamp caseload would
continue to be considered needy as long as the
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 106(b)]
Financial Eligibility Before drawing contingency grants, a state Eliminates the requirements that a state spend Retains current law requirements that states
Requirements must expend within the TANF program 100% 100% of what it spent in FY1994 and provide expend 100% of what they spent on TANF
of what it spent on TANF predecessor matching funds. Instead, requires that unspent precessor programs in FY1994 and provide
programs in FY1994. Both TANF spending balances be 30% or less of cumulative TANF matching funds. Allows states to count
and FY1994 base spending exclude child care grants to be eligible for contingency funds. spending in separate state maintenance of effort
expenditures. States then must provide [Section 106(b)] programs toward these spending requirements.
matching funds to draw down contingency State child care spending also would count
grants (see Contingency Grant Amounts, toward this requirement, but would also be
below). [Section 403(b)(5) and Section added to base FY1994 spending. [Section
409(a)(10) of the SSA] 106(d) and 106(e)]
CRS-13
H.R. 240 (as approved by the House Ways
S. 667 (as reported by the Senate Finance and Means Subcommittee on Human
Current law Committee) Resources)
Contingency Fund Grant Payments are capped at 20% of a state's basic A state's total contingency grant could not Retains current law's 20% maximum grant,
Amounts TANF grant. A maximum advance grant of exceed 10% of its family assistance grant. The advance grant, and annual grant based on the
one-twelfth of its total maximum grant is contingency fund grant equals the state's Medicaid matching rate times expenditures
allowed in a given month. [Section 403(b)(3)] federal Medicaid matching rate times the made in excess of 100% of the FY1994 level.
benefit cost of an increase in the TANF family Eliminates the proration of the annual grant for
A state's annual contingency fund grant amount caseload above 5% in the most recently part-year eligibility for contingency funds.
is the Medicaid matching rate times concluded three-month period with data, [Section 106(d)]
expenditures it made in excess of 100% of compared with the corresponding period in
FY1994 expenditures. This annual amount is either of the two most recent preceding fiscal
prorated for the number of months the state is years. (The remaining cost of the increased
eligible for continency grants. If a state caseload would have to be paid with state funds
received advance grants that are greater than or other federal TANF funds.) [Section 106(a)]
the annual amount for which it is entitled, the
state must remit any excess back to the federal
Treasury. [Section 403(b)(6)]
Tribal Eligibility for No provision. Tribes are not eligible for Sets aside $25 million of the contingency fund No provision (retains current law).
Contingency Funds contingency 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)]
Additional Grants
Social Service No provision. Authorizes appropriation of $40 million for No provision.
Capitalization 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 applicants to describe their
strategy for developing a program that
generates its own source of on-going revenue
wh i l e a s s i s t i n g T AN F r ecip ie n t s .
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
CRS-14
H.R. 240 (as approved by the House Ways
S. 667 (as reported by the Senate Finance and Means Subcommittee on Human
Current law Committee) Resources)
statutory rules regarding use of TANF funds
would apply. Requires evaluation and report to
Congress. [Section 119(a)]
Car Ownership Grants No provision. Authorizes appropriation of $25 million for No provision.
each of FY2006-FY2010 for grants for low-
income car ownership. Purposes: to improve
employment opportunities of low-income
families and provide incentives to states, Indian
tribes, localities, and nonprofit groups to
develop and administer programs that 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)]
Transitional Jobs/business No provision. Authorizes appropriations of $200 million for No provision.
Links Grants each of FY2006-FY2010 for business links 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 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 language or other
barriers to employment.
CRS-15
H.R. 240 (as approved by the House Ways
S. 667 (as reported by the Senate Finance and Means Subcommittee on Human
Current law Committee) Resources)
"Transitional jobs" programs combine
subsidized, time-limited, wage-paying
supported work in the public or nonprofit
sectors with skill development and activities to
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.
Requires a minimum of 40% of funds
appropriated be used for business linkages and
also a minimum of 40% 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)]
Domestic Violence No provision. Authorizes $20 million per year for FY2006 No provision.
Prevention Grants through FY2010 for competitive matching
grants (at a 75% federal matching rate) to
states, Indian tribes, and tribal organizations for
the development and dissemination of best
practices for addressing domestic violence;
implementing voluntary skills programs,
including caseworker training, technical
assistance, and voluntary services for victims of
domestic violence; programs of relationship
and financial management skills; and broad-
based income support as a means to reduce
CRS-16
H.R. 240 (as approved by the House Ways
S. 667 (as reported by the Senate Finance and Means Subcommittee on Human
Current law Committee) Resources)
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)]
Repeal of Federal Loan Provides a $1.7 billion revolving and interest- Repeals the loan fund. [Section 108] Same as S. 667. [Section 108]
Fund bearing federal loan fund for state welfare
programs. [Section 406 of the SSA]
Maintenance of Effort Establishes a maintenance-of-effort (MOE) Continues MOE requirement through FY2010, Same as S. 667. [Section 111]
requirement that states spend at least 75% of but raises the MOE percentage to 80% if the
what was spent from state funding in FY1994 state failed TANF work participation standards
on programs replaced by TANF. Nationally, of the preceding fiscal year. [Section 111(a)]
this sum is $10.4 billion. (MOE rises to 80% if
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-of-
wedlock births and promote marriage and wedlock births and promote marriage and
responsible fatherhood (including spending on responsible fatherhood (including spending on
behalf of non-needy families) as countable behalf of non-needy families) as countable
toward required MOE state spending. Subjects toward required MOE state spending. [Section
this spending to two requirements applicable to 103(c)]
MOE funds: (1) for activities not a part of the
pre-1996 welfare program, expenditures must
be above FY1995 levels to be countable toward
the MOE; and (2) expenditures used to
compensate for federal penalties are not
countable toward the MOE. [Section 103(d)]
TANF funds used as the state match for Provides that spending (as the state match)
marriage promotion grants shall not be from federal marriage promotion grants shall
considered state spending countable toward the not be treated as state spending toward MOE
MOE requirement. [Section 103(b)]. requirements. [Section 111(b)]
CRS-17
H.R. 240 (as approved by the House Ways
S. 667 (as reported by the Senate Finance and Means Subcommittee on Human
Current law Committee) Resources)
Funding for Child Care PRWORA created a mandatory child care block For mandatory child care, increases funding by For mandatory child care, increases funding by
grant and appropriated $13.9 billion for it over $6 billion over five years (FY2006-FY2010). $1 billion over five years (FY2006-FY2010).
six years. [Section 418 of the SSA] [Section 116(a)] [Section 208]
Puerto Rico Puerto Rico and the territories do not qualify Sets aside 1.5% of supplemental mandatory No provision.
for mandatory child care funds. (Funding for funding for the Commonwealth of Puerto Rico
child care is available from TANF and Section and 0.5% for the other territories. [Section
1108(b) funds). 116(b)]
Use of Funds
General Rules States may use funds in any manner reasonably No 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 they No provision (maintains current law). States may use funds for any purposes or
were authorized to use pre-TANF funds. activities for which they were authorized to use
[Section 404 of the SSA] pre-TANF funds. [Section 107(a)]
A state may treat a family that has resided in Strikes provision permitting different treatment Same as S. 667. [Section 107(b)]
the state for fewer than 12 months under the of families migrating into the state -- found
welfare rules of the state where they formerly unconstitutional. [Section 107(a)]
lived. [Section 404 of the SSA]
Transfer of funds States may transfer up to 30% of TANF funds Retains overall transfer limit at 30%. Sets limit Increases the overall ceiling on transfers to
to the Child Care and Development Block on SSBG transfers at 10% (original limit in 50%. [Section 107(c)] Sets limit on SSBG
Grant (CCDBG) and the Title XX Social 1996 law). [Section 107(b)] transfers at 10% for FY2006 and each year
Services Block Grant (SSBG). Specifies that a thereafter. [Section 107(d)]
maximum of 4.25% of total transfers may go to
SSBG, effective in FY2001 (but year-by-year
Congress has restored the original 10% limit).
Also allows states to use TANF funds, within
the overall 30% transfer limit, as matching
funds for the job access transportation program
for TANF recipients, ex-recipients, and persons
at risk of becoming income-eligible for TANF.
[Section 404 of the SSA]
CRS-18
H.R. 240 (as approved by the House Ways
S. 667 (as reported by the Senate Finance and Means Subcommittee on Human
Current law Committee) Resources)
Carryover of Funds Amounts may be spent without fiscal year limit Allows use of carryover funds from TANF Same as S. 667. [Section 107(e)]
for "assistance" (chiefly ongoing cash aid). For grants for any benefit or service without fiscal
other benefits and services ("nonassistance") year limitation. Permits a state or tribe to
amounts must be obligated in the year of award designate some TANF funds as a contingency
and spent in the following year. [Section 404 reserve. [Section 107(c)]
of the SSA]
Use of Funds for States may use funds for educational activities Allows states to use TANF funds to establish an No provision.
Education (to promote a TANF goal or because these undergraduate two- or four-year degree
activities were allowed under pre-1996 law). postsecondary program sometimes known as
However, only three educational activities may Parents as Scholars (PAS) or a vocational
be counted toward state work participation educational program. Following services could
rates: high school attendance, education be provided in these undergraduate programs:
directly related to work (both for high school child care, transportation, payment for books
dropouts only) and vocational educational and supplies, other services provided under
training. Unless it is defined by the state as policies determined by the state to ensure
vocational educational training, postsecondary coordination and lack of duplication.
education is not a countable work activity. Participants who are also TANF cash assistance
[Section 407(d) of the SSA] recipients in these educational programs could
be counted toward state work participation
standards. See Countable Activities. [Section
107(d)]
Direct Funding and Allows Indian tribes to administer their own Continues the authority for tribes to operate Same as S. 667. [Section 114(a)]
Administration by Indian family assistance (TANF) programs. Earmarks TANF programs through FY2010. [Section
Tribes some TANF funds -- amount equal to federal 113(a)]
pre-TANF payments received by state
attributable to Indians -- for administration by
tribes at their option. Sums used for tribal
family assistance programs are deducted from
state TANF grants. [Section 412(a) of the
SSA]
Tribal Work Programs Appropriates $7.6 million annually for work Provides $12.6 million annually for NEW Extends the authority and funding for NEW
and training activities (now known as Native programs through FY2010. [Section 113(a)] programs at current levels ($7.6 million
Employment Works (NEW)) to tribes that annually) through FY2010. [Section 114(b)]
operated a pre-TANF work and training
program. [Section 412(b) of the SSA]
CRS-19
H.R. 240 (as approved by the House Ways
S. 667 (as reported by the Senate Finance and Means Subcommittee on Human
Current law Committee) Resources)
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 113(c)]
Tribal Capacity Grants No provision. Appropriates $80 million for the period No provision.
FY2006-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)]
Work Participation Requirements and Standards
Universal Engagement State plan must require that a parent or Repeals the 24-month work trigger. Requires Same as S. 667. [Section 109(a)]
and Family Self- caretaker engage in work (as defined by the state plans to outline how they intend to require
sufficiency Plan state) after, at most, 24 months of assistance. parents and caretakers to engage in work or
Requirements [Section 402(a)(1)(ii) of the SSA]. Note: This alternative sufficiency activities, as defined by
requirement is not enforced by a specific the state -- while observing the ban on
penalty. (States may, but need not, establish an penalizing work refusal by a single parent of a
individual responsibility plan for each family in preschool child who is unable to obtain needed
consultation with the recipient.) [Section child care for specified reasons -- and to
408(b)(2) of the SSA] require families to engage in activities in
accordance with family self-sufficiency plans.
[Section 110(a)]
States must make an initial assessment of the Requires states to make an initial screening and Requires states, in a manner they deem
skills, prior work experience, and employability assessment, in a manner they deem appropriate, appropriate, to assess the skills, work
of each recipient 18 or older or those who has of the skills, work experience, education, work experience, and employability of each work-
not completed high school within 30 days. readiness, work barriers and employability of eligible person (see definition below) and
[Section 408(b)(1) of the SSA] each adult or minor child head of household requires states to develop a family self-
recipient who has attained age 18 or who has sufficiency plan for each family with such a
not completed high school and to assess, in a person. Plans must be established within 60
CRS-20
H.R. 240 (as approved by the House Ways
S. 667 (as reported by the Senate Finance and Means Subcommittee on Human
Current law Committee) Resources)
manner they deem appropriate, the work days of opening a case (within 12 months for
support and other assistance and family support families enrolled at the time of enactment).
services for which families are eligible and the [Section 109(b)]
well-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 achieve their maximum
degree of self-sufficiency; requirement that the
recipient participate in activities in accordance
with the plan; supportive services that the state
intends to provide; steps to promote child well-
being and, when appropriate, adolescent well-
being; information about work support
assistance for which the family may be eligible
(such as food stamps, medicaid, SCHIP, 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 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
CRS-21
H.R. 240 (as approved by the House Ways
S. 667 (as reported by the Senate Finance and Means Subcommittee on Human
Current law Committee) Resources)
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 in the
self-sufficiency plan provisions shall be
construed to establish a private right or cause of
action against a state for failure to comply with
the provisions or to limit claims that might be
available under other federal or state laws.
Requires the Government 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)]
Imposes a penalty on states for failure to Imposes a penalty on state for failure to
establish self-sufficiency plans by revising the establish self-sufficiency plan by revising the
penalty provision for failure to meet TANF penalty provision for failure to achieve work
work participation standards. Provides failure participation standard. Provides failure to
to comply with self-sufficiency requirements comply with self-sufficiency requirements
and/or achieve work participation standards and/or achieve work participation standards
would result in a penalty of up to a 5% would result in a penalty of up to a 5%
reduction in the TANF grant for the first reduction in the TANF grant for the first
violation (more for subsequent violations), violation (more for subsequent violations).
based on the degree of substantial (The bill does not contain the "substantial
noncompliance. The Secretary is directed to noncompliance" language of S. 667.) [Section
take various factors into account in setting the 109(b)] See Penalty for Failing Participation
penalty. These factors include the number or Rate, below.
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
CRS-22
H.R. 240 (as approved by the House Ways
S. 667 (as reported by the Senate Finance and Means Subcommittee on Human
Current law Committee) Resources)
the failure is due to circumstances that caused
the state to meet the criteria for contingency
funds or is due to extraordinary circumstances
such as 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)]
Sanctions Against If person in a family receiving TANF assistance No provision (maintains current law). If a person in a family receiving TANF
Individuals for Work refuses to engage in required work, the state assistance fails to engage in required activities
Refusal shall reduce aid to the family pro rata (or more, and the family does not otherwise engage in
at state option) with respect to the period of activities in accordance with its self-sufficiency
work refusal, or shall discontinue aid, subject to plan, the state must impose a penalty as
good cause and other exceptions that the state follows: (a) If the failure is partial and does not
may establish. [Section 407(e) of the SSA] 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 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. [Section 110(f)]
CRS-23
H.R. 240 (as approved by the House Ways
S. 667 (as reported by the Senate Finance and Means Subcommittee on Human
Current law Committee) Resources)
Exception: a state may not penalize a single No provision (retains current law). Same as S. 667.
parent caring for a child under age 6 for refusal
to work if the parent has a demonstrated
inability to obtain needed child care that is
appropriate, suitable, and affordable. [Section
407(e) of the SSA]
Work Participation A state must engage a specified percentage of A state must engage a specified percentage of A state must engage a specified percentage of
Standards families containing adult or teen parent families containing adult or minor heads of families with a work-eligible person in direct
recipients in creditable work activities. Since households in the assistance unit in creditable work or alternative self-sufficiency activities
FY2002, the participation standard has been activities. Participation standards are: chosen by the state. Participation standards are
50% for all families (and since FY1999 it has same as S. 667. A work-eligible person is
been 90% for the two-parent component of the 50% in FY2006 defined as a household head who is in the
caseload). [Section 407(a) of the SSA] 55% in FY2007 assistance unit, or would be in the unit if not
60% in FY2008 sanctioned. [Section 110(b)]
65% in FY2009
70% in FY2010.
[Section 109(b)]
Required participation rates may be reduced by Required participation rates may be reduced by Required participation rates may be reduced by
a caseload reduction credit (see below). caseload reduction or employment credits, but caseload reduction and "superachiever" credits
a cap is placed on these credits. Employment (see below).
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
50% in FY2010.
[Section 109(c)]
CRS-24
H.R. 240 (as approved by the House Ways
S. 667 (as reported by the Senate Finance and Means Subcommittee on Human
Current law Committee) Resources)
Effective October 1, 2002, eliminates the Effective October 1, 2005, eliminates the
separate standard for two-parent families. Also separate standard for two-parent families.
forgives states penalized for failing the two- [Section 110(a)]
parent standard in FY2002-FY2004. [Section
109(a)]
Caseload Reduction Credit Work participation standards are reduced by a Retains current law caseload reduction credit Measures caseload reduction from a moving
caseload reduction credit: for each percent for FY2006 and FY2007 (subject to the limits base year (rather than from FY1995) and
decline in the caseload from the FY1995 level shown above). Effective October 1, 2007, shortens the measuring interval. Also changes
(not attributable to policy changes), the work replaces the caseload reduction credit with an the eligibility criteria base year from FY1995 to
participation standard is reduced by one employment credit (subject to limits shown the new moving base. For FY2006, the credit
percentage point. [Section 407(3) of the SSA] above). [Section 109(d)] 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. [Section
110(c)]
No provision. Establishes a "superachiever" caseload
reduction credit for a state with a reduction in
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). [Section 110(d)]
Employment Credit No provision. Establishes a percentage point "employment" No provision.
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
dividing (a) twice the quarterly average
unduplicated number of families with an adult
or minor head of household recipient who
leaves welfare and was employed in the
following quarter; by (b) the average monthly
CRS-25
H.R. 240 (as approved by the House Ways
S. 667 (as reported by the Senate Finance and Means Subcommittee on Human
Current law Committee) Resources)
number of families with an adult or minor 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 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. [Section 109(d)]
Gives extra credit -- as 1.5 families -- to a
family whose earnings during the preceding
fiscal year equaled at least 33% of the state's
average wage. [Section 109(d)]
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
CRS-26
H.R. 240 (as approved by the House Ways
S. 667 (as reported by the Senate Finance and Means Subcommittee on Human
Current law Committee) Resources)
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 the amount of the
employment credit that will be used in
calculating participation rates for the
immediately succeeding fiscal year. [Section
109(d)]
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 the
employment credit (one-half credit for each).
[Section 109(d)]
Study of the Employment No provision. Requires the Secretary of HHS to conduct a No provision.
Credit study of the design of the employment credit
and report to the Senate Finance Committee
and House Ways and Means Committee by
September 30, 2009. [Section 109(d)]
CRS-27
H.R. 240 (as approved by the House Ways
S. 667 (as reported by the Senate Finance and Means Subcommittee on Human
Current law Committee) Resources)
Calculation of The monthly participation rate, expressed as a Similar to current law, except that states are Participation rates equal the share of hours
Participation Rates percentage, equals (a) the number of all given partial, full, or extra credit for families spent in creditable activities out of a potential
recipient families in which an individual is depending on the average number of hours per total of 160 hours monthly per counted family.
engaged in work activities for the month, week in which they engage in activities. (See Monthly participation rate, expressed as a
divided by (b) the number of recipient families Hours, below). percentage, is (a) the total number of countable
with an adult recipient or minor head of hours, divided by (b) 160 times the number of
household. The annual participation rate, counted families for the month. [Section
which is compared against the participation 110(b)]
standard, is the average of the monthly
participation rates. [SSA, Section 407(b)(1)]
Infant Exemption from the States may exempt the parent of a child under Permits states to exclude all families with Similar to S. 667, but does not include the 12-
Work Participation Rate age 1 from work and exclude them from the infants (not just single parent families) from month in a lifetime limit on this exclusion.
calculation of work participation rates. work participation calculations on a case-by- [Section 110(b)]
Exclusion is limited to 12 months in a lifetime. case basis. Limits this exclusion to 12 months
[SSA, Section 407(b)(5)] in a lifetime. [Section 109(e)]
Excluding Families in No provision. Permits states to exclude a new group from Similar to S. 667, but does not specify that the
Their First Month of work participation calculations -- families in exclusion is to be made on a case-by-case basis.
Assistance from the Work first month of assistance. Determination is [Section 110(b)]
Participation Rate made on a case-by-case basis. [Section 109(e)]
Treatment of Sanctioned States may exclude from the work participation No provision, retains current law. Same as S. 667. [Section 110(b)]
Families in the Work rate calculation families subject to sanctions for
Participation Rate refusal to comply with work requirements.
Exclusion is limited to three months in a 12-
month period. [Section 407(b)(1) of the SSA]
Penalty for Failing Participation rates are enforced by a penalty on Provides that penalty (beginning for FY2007) No provision, retains current law.
Participation Rate states: loss of 5% of the state's basic grant for must be based on the degree of substantial
first year of violation (higher penalty for repeat noncompliance. Directs the Secretary to take
violations). Penalty must be based on the into account factors such as the degree to which
degree of noncompliance and may be reduced the state missed the participation rate, the
if the noncompliance is due to circumstances change in the number of persons engaged in
that made the state needy under the contingency work since the prior year, and the number of
fund definition or due to extraordinary consecutive years in which the state failed to
circumstances such as a natural disaster or achieve the work rate. Penalty may be reduced
CRS-28
H.R. 240 (as approved by the House Ways
S. 667 (as reported by the Senate Finance and Means Subcommittee on Human
Current law Committee) Resources)
regional recession. State must replace the if the failure is due to circumstances that caused
amount of federal penalty funds with its own the state to meet the criteria for contingency
funds. [Section 409(a)(3) of SSA] In addition, funds or is due to extraordinary circumstances
the state's MOE spending requirement rises such as a natural disaster or regional recession.
from 75% to 80% of its historic level. Requires Secretary, in a written report to
Congress, to justify any waiver or penalty
reduction due to extraordinary circumstances.
[Section 110(a)]
States that fail to meet work participation If the Secretary accepts a state's corrective No provision.
standards may file a corrective compliance plan compliance plan for failure to meet work
with the Secretary of HHS. The corrective participation standards and the state has at least
compliance plan outlines what the states will do a 5 percentage point improvement in its work
to correct or discontinue its failure to meet the participation rate over the previous year, the
standards. The Secretary may not impose the Secretary shall not impose a financial penalty
penalty if the state corrects the violation of the on the state. [Section 111(b)]
work standards. [Section 409(c) of the SSA]
Countable Activities
"Core" Activities. Federal law lists nine priority activities that Retains current law list of nine priority Lists six "direct" work activities:
Activities Countable as must account for most weekly hours: activities as "direct work" activities. - unsubsidized jobs;
Sole or Primary Work - unsubsidized jobs; - subsidized private jobs;
Activities of Recipients. - subsidized private jobs; - subsidized public jobs;
- subsidized public jobs; - on-the-job training;
- work experience - supervised work experience, and
- on-the-job training; - supervised community service.
- job search (usual limit, six weeks per fiscal
year) [Section 110(e)]
- community service;
- vocational educational training (limited to
12 months in a lifetime);
- providing child care for participants in
community service programs.
[Section 407(d) of the SSA]
CRS-29
H.R. 240 (as approved by the House Ways
S. 667 (as reported by the Senate Finance and Means Subcommittee on Human
Current law Committee) Resources)
Qualified Activities. No provision. For three months in a 24-month period, seven For three months within a 24-month period,
Activities that May additional activities may be substitute for, or be persons participation in short-term "qualified"
Substitute for, or be in in conjunction with, direct work activities: activities chosen by the state to promote self-
Conjunction with, Core - postsecondary education; sufficiency may substitute for or be in
Activities for a Limited - adult literacy programs or activities; conjunction with direct work activities
Period of Time. - substance abuse counseling or treatment (examples listed in the bill are substance abuse
(including drug or alcohol abuse counseling counseling or treatment; rehabilitation
or treatment); treatment and services; work-related education
- programs or activities designed to remove or training directly enabling the family member
work barriers, as defined by the state; for work; and job search or job readiness
- work activities authorized under any waiver assistance). [Section 110(e)]
for any state that was continued under
Section 415 before the date of enactment of
this bill;
- money management classes; and
- parenting skills classes.
[Section 109(c)]
Supplemental Activities. For most recipients, hours of participation in Retain current law list of three supplemental States may define any other activity as
Activities Countable these activities are countable only in activities, and adds: marriage education, countable (generally for non-core hours) so
Generally Only in conjunction with participation in priority marriage skills training, conflict resolution, and long as it leads to self-sufficiency and is
Conjunction with "Core" activities (and with a minimum number of programs to promote marriage. [Section consistent with the purposes of TANF.
or "Qualified" Activities. hours in priority activities). Federal law lists 109(g)] Also permits states to count all [Section 110(e)]
three such activities: "qualified activities" (see above), as well as job
search and vocational educational training
-- job skills training directly related to (beyond the usual time limits) as supplemental
employment; activities once a family has the minimum
-- education directly related to employment; number of hours of "direct work" participation.
and [Section 109(g)]
-- progress toward completion of secondary
school.
[Section 407(d) of the SSA] See Required
Hours of Work, below.
CRS-30
H.R. 240 (as approved by the House Ways
S. 667 (as reported by the Senate Finance and Means Subcommittee on Human
Current law Committee) Resources)
Postsecondary Education No provision. Postsecondary education not Three months of postsecondary education is No provision. However, postsecondary
classified as "vocational educational training" countable as a "qualified activity" (see above). education may be a state-defined "qualified" or
is not countable toward TANF work "supplemental" activity.
participation standards. Allows states to establish a program (under
Section 107) of undergraduate postsecondary
education (parents as scholars) or vocational
educational training for TANF recipients,
former recipients, and other low income
parents. For TANF recipients, hours of
participation in the program would be
countable toward meeting state work
requirements. Students could also 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
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
CRS-31
H.R. 240 (as approved by the House Ways
S. 667 (as reported by the Senate Finance and Means Subcommittee on Human
Current law Committee) Resources)
defined by the institution operating the
program). With good cause exceptions,
participants would be required to complete
requirements of a degree or vocational
educational training program within the normal
time frame for full-time students. [Section
107(d)]
Special Rules for No provision. Recipients engaged in qualified activities No provision.
Rehabilitative Activities considered rehabilitative (adult basic education,
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)]
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)]
Caring for a Disabled No provision. Permits a state to deem a single parent caring No provision.
Family Member for a dependent with a physical or mental
impairment to be meeting all or part of the
family's work requirement. [Section 109(f)]
Work Activities in Indian No provisions. Permits a state to define countable work No provision.
Areas of High Joblessness 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
CRS-32
H.R. 240 (as approved by the House Ways
S. 667 (as reported by the Senate Finance and Means Subcommittee on Human
Current law Committee) Resources)
option, the state must include in its TANF plan
a description of its policies for these areas.
Also, as noted above, allows states to define
work-barrier removal activities and to adopt
activities authorized under any waiver for any
state that was continuing before the date of
enactment. [Section 109(f)]
Numerical Limits on No more than 30% of persons credited with Continues the 30% cap, but provides that it No provision.
Vocational Education and work may consist of persons participating in does not apply to persons in a 3+3 program
Teen Parents vocational educational training or may be teen receiving qualified rehabilitative services or to
parents who are deemed to be working because persons engaging in vocational educational
of satisfactory attendance at secondary school training as a supplementary activity after
or because of spending 20 hours weekly in meeting the 24-hour "direct work" requirement.
education directly related to employment. [Section 109(f)]
[Section 407(c)(2)(D) of SSA]
Required Hours of Work Generally, to count toward the all-family rate, Establishes standard TANF work weeks as Establishes a 160-hour-per-month work
Activity average weekly participation of 30 hours (20 follows: 24 hours for a single parent with a standard. [Section 110(b)]
hours in priority work activities) is required. child under age 6; 34 hours for a single parent
However, in the case of single parents with a with a child over 6 (with 24 hours in a priority Generally, states must engage all families with
preschool age child (who constitute half of all activity) 39 hours for a two-parent family (but a "work- eligible" member in a direct work
TANF cases), the hours requirement is 20 per 55 hours if that family receives federally activity or alternative self-sufficiency activity
week. For two-parent families the standard is funded child care) -- with most hours in a for an average of 40 hours weekly (the actual
35 hours (30 in priority work activity), but priority activity. Families meeting the standard standard is 160 hours per month, equal to a
increases to 55 hours (50 in priority activities) are counted as one family in calculating the weekly average of 37 hours) -- of which 24
if the family receives federally-subsidized child state's work participating rate. Those hours must be in one of the direct work
care. [Section 407(c)(1) of the SSA] For a exceeding the standard receive extra credit, and activities listed in the law and up to 16 hours
single parent caring for a child under age 6, 20 some who fall short of the standard receive may be in a TANF-purposeful activity chosen
hours of participation satisfies the standard. partial credit (see below). Average weekly by the state. [Section 110(e)]
[Section 407(c)(2)(B) of the SSA] hours are computed by dividing monthly hours
of participation by 4. [Section 109(f)]
CRS-33
H.R. 240 (as approved by the House Ways
S. 667 (as reported by the Senate Finance and Means Subcommittee on Human
Current law Committee) Resources)
Special Rule for Teen Teen parents are deemed to meet the weekly Counted as one working family is a teen parent Essentially the same as current law. Teen
Parents hour participation standard by maintaining who maintains satisfactory school attendance or parents are deemed to satisfy the (40-hour
satisfactory attendance in secondary school (or participates in education directly related to weekly) work rule by virtue of satisfactory
the equivalent in the month) or by participating employment for an average of 20 hours weekly. school attendance (or the equivalent in the
in education directly related to employment for [Section 109(f)] month) or by participating in education directly
an average of 20 hours weekly. [Section related to employment for an average of 20
407(c)(2)(C) of the SSA] hours weekly [Section 110(e)].
Partial Work Credit None. Families who meet core work requirements but Families who meet the 24-hour weekly direct
fail the full standard receive partial credit as work requirement but fail the 40-hour standard,
follows: Credited as .675 of a family are single receive pro-rata credit for all hours worked (but
parent families (with or without a child under zero credit unless meet the 24-hour direct work
six) who have 20-23 hours of work and two- rule). [Section 110(b)]
parent families with 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 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)]
Extra Work Credit None. Families that exceed the standard hourly work Counts all hours worked above the 40-hour full
requirement receive extra credit, as follows. weekly standard, provided 24 hours are spent in
Credited as 1.05 of a family are single-parent direct work (or, for a limited time, in certain
families who work 35-37 hours and two-parent other qualified activities) and no more than 16
families who work 40-42 hours (56-58 hours if hours are in non-priority activities. [Section
they receive child care). Credited as 1.08 of a 110(c)]
family are single-parent families who work 38
CRS-34
H.R. 240 (as approved by the House Ways
S. 667 (as reported by the Senate Finance and Means Subcommittee on Human
Current law Committee) Resources)
or more hours and two-parent families who
work 43 or more hours (59 or more hours if
they receive child care). [Section 109(f)]
Other Requirements with Respect to Families Receiving Assistance
Drug Testing States are given the authority to test welfare No provision (retains current law). States are required to test applicants and
recipients for use of controlled substances and recipients of TANF for use of drugs if the state
sanction recipients who test positive for has a reason to believe he or she has recently
controlled substances. [Section 902 of the used a controlled substance. If the applicant or
Personal Responsibility and Work Opportunity recipient tests positive for drug use, or if the
Reconciliation Act.] 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 require the applicant or recipient to
undergo periodic drug tests (every 90 or 60
days) as a condition of receiving cash
assistance.
Requires states to end benefits to the family for
three years if the recipient 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 a
state that does not comply with this
requirement. The penalty is a minimum of 5%
of the state's block grant, and a maximum of
10% of the state's block grant, with the
CRS-35
H.R. 240 (as approved by the House Ways
S. 667 (as reported by the Senate Finance and Means Subcommittee on Human
Current law Committee) Resources)
Secretary determining the exact penalty
amount. [Section 123]
Eligibility for Teen Federal TANF funds cannot be used to assist an Permits states to use federal TANF funds to No provision (retains current law).
Parents unmarried 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 parents days. Adds transitional living youth projects to
or in another adult supervised setting. The the accepted living situations for a teen parent
State must assist such a teen parent in locating receiving TANF assistance. [Section 110(b)]
a second chance home, maternity home, or
other appropriate adult-supervised supportive
living arrangement unless the state determines
that the individual's living arrangement is
appropriate.
Displacement of Regular A recipient may fill a vacant employment Provides that an adult recipient cannot displace No provision (retains current law).
Workers position. However, no adult in a work activity any employee or position (including partial
that is funded in whole or in part by federal displacement), fill any unfilled vacancy, or
funds may be employed or assigned when perform work when any individual is on layoff
another person is on layoff from the same or from the same job or substantially equivalent
any substantially equivalent job, or if the job. TANF work activities cannot impair
employer has ended the employment of any existing contracts or services; be inconsistent
regular employee or otherwise caused an with any law, regulation, collective bargaining
involuntary reduction in its workforce in order agreement; or infringe on the recall rights or
to fill a vacancy with a TANF recipient. These promotional opportunities of any worker.
provisions do not preempt any provision of TANF work activities must be in addition to
state or local law that provides greater any activity that would otherwise be available
protection against displacement. States are and not supplant the hiring of a non-TANF
required to have a grievance procedure to worker.
resolve complaints of displacement of
permanent employees. Requires states to have a grievance procedure
for resolving complaints, including the
opportunity for a hearing, and sets time
CRS-36
H.R. 240 (as approved by the House Ways
S. 667 (as reported by the Senate Finance and Means Subcommittee on Human
Current law Committee) Resources)
standards for the process. It provides remedies
for a violation of the non-displacement
provisions, including termination 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)]
Disregard of Months Federal TANF grants may not be used to aid a Modifies this exclusion, providing that months No provision (retains current law).
Toward the TANF Time family with an adult who has received 60 in which an adult lives in Indian Country with
Limit for Months Living months of assistance. Months in which an adult a jobless rate among adult recipients of 40% or
in Indian Country Areas lives in Indian Country with a jobless rate of more are not countable toward the time limit.
with Joblessness 50% or more are not counted toward the 60 The 40% threshold is dropped down to 35% if
month time limit. the state meets any of 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)]
Marriage Promotion
TANF Goals and Purposes Two purposes relate to marriage. One goal is to The stated purpose of promoting the formation The stated purpose of promoting the formation
end dependency of needy parents on and maintenance of two-parent families is and maintenance of two-parent families is
government benefits, with one of the stated modified to read: encourage the formation and modified to read: encourage the formation and
means of accomplishing the goal specified as maintenance of healthy two-parent married maintenance of healthy, two-parent married
marriage. A second purpose is to encourage the families, and encourage responsible families, and encourage responsible
formation and maintenance of two-parent fatherhood. [New language in italics] [Section fatherhood. [Section 101]
families. 103(e)]
CRS-37
H.R. 240 (as approved by the House Ways
S. 667 (as reported by the Senate Finance and Means Subcommittee on Human
Current law Committee) Resources)
Funding for Marriage No provision for special grants. States may use Appropriates $100 million annually for FY2006 Appropriates $100 million annually for FY2005
Promotion Matching TANF block grants to promote formation and through FY2010 for 50% competitive matching through FY2010 for 50% competitive matching
Grants maintenance of two-parent families (program grants to states, Indian tribes, and tribal grants to states, territories, and tribal
goal no. 4) and to promote marriage as a means organizations for programs to promote and organizations for programs to promote and
of ending dependence on government benefits support healthy married two-parent families. support healthy, married two-parent families
(goal no. 2). [Section 103(b)] Similar to S. 667, but does not include "Indian
tribes" as a potential grant recipient. [Section
103(b)]
Makes funds appropriated for each of FY2006 Makes funds appropriated for FY2005 available
through FY2010 available to the Secretary until to the Secretary through FY2006. [Section
expended. Also, permits grantees to use funds 103(b)]
without fiscal year deadline. [Section 103(b)]
Provides that federal TANF funds used for Provides that federal TANF funds used for
marriage promotion may be treated as state marriage promotion must be treated as state
matching funds for marriage promotion grants matching funds for marriage promotion grants.
[Section 103(b)] [(Section 111(b)(1)] See Maintenance of
Effort for treatment of TANF spending on
behalf of marriage promotion. [Section 103(c)]
Provides that general rules governing uses of No provision.
TANF block grant funds (other than
administrative limit) shall not apply to marriage
promotion grants. [Section 103(b)]
Allowable Activities for No provision. (TANF and MOE funds may be Grants may be used for: advertising Grants may be used for: advertising
Marriage Promotion used for marriage promotion activities.) campaigns; education in high schools; campaigns; education in high schools; marriage
Grants voluntary marriage education, marriage skills education, marriage skills and relationship
and relationship skills programs that may skills programs that may include parenting
include parenting skills, financial management, skills, financial management, conflict
conflict resolution, and job and career resolution, and job and career advancement for
advancement for non-married pregnant women non-married pregnant women and expectant
CRS-38
H.R. 240 (as approved by the House Ways
S. 667 (as reported by the Senate Finance and Means Subcommittee on Human
Current law Committee) Resources)
and expectant fathers; voluntary pre-marital fathers; pre-marital education and marriage
education and marriage skills training for skills training for engaged couples and
engaged couples and individuals and couples individuals and couples interested in marriage;
interested in marriage; voluntary marriage marriage enhancement and marriage skills
enhancement and marriage skills training training programs for married couples; divorce
programs for married couples; voluntary reduction programs; marriage mentoring
divorce reduction programs; voluntary marriage programs; programs to reduce marriage
mentoring programs; programs to reduce disincentives in means-tested programs, if
marriage disincentives in means-tested offered in conjunction with any other listed
programs, if offered in conjunction with any activity. [Section 103(b)]
other listed activity. [Section 103(b)]
Domestic Violence No provision. Forbids award of a grant unless the applicant No provision.
Provisions has consulted with organizations that have
demonstrated expertise in working with
survivors of domestic violence; the application
describes how the program/activities will deal
with issues of domestic violence; establishes
written protocols that provide for the
identification of instances and risks of domestic
violence; specifies procedures for making
service referrals and providing protections.
[Section 103(b)]
Requirements for No provision. Requires that participation in marriage No provision.
Voluntary Participation promotion activities (other than media
campaigns 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.
CRS-39
H.R. 240 (as approved by the House Ways
S. 667 (as reported by the Senate Finance and Means Subcommittee on Human
Current law Committee) Resources)
States, Indian tribes, or tribal organizations that
carry out marriage promotion activities are
required to assure the Secretary of HHS that
recipients who elect to participate in marriage
promotion activities are informed that
participation is voluntary, 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)]
Performance No provision. Requires grantees to establish performance No provision.
Goals/reporting goals that clarify the primary objective of
Requirements funded programs is to increase the incidence
and quality of healthy marriages and not solely
to expand the number or percentage of married
couples.
Requires grantees to submit annual reports to
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.
The Secretary of HHS is required to submit a
report to Congress every six months providing:
CRS-40
H.R. 240 (as approved by the House Ways
S. 667 (as reported by the Senate Finance and Means Subcommittee on Human
Current law Committee) Resources)
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 written domestic violence protocols, who the
grantees consulted with regard to domestic
violence, and training provided to grantees on
domestic violence. [Section 103(b)]
Research and No special provision to fund research or Appropriates $100 million each for FY2005 Appropriates $102 million each for FY2005
Demonstrations on demonstrations. However, available TANF through FY2010 for research and through FY2010 for research and
Marriage Promotion research funds (see Research and demonstration projects and for technical demonstration projects and for technical
Demonstrations, below) and other research assistance to states, tribal organizations, and assistance to states, tribal organizations, and
funds provided to the Department of Health and other entities chosen by the Secretary. other entities chosen by the Secretary.
Human Service may be used to evaluate Specifies that 80% of these funds must be spent Specifies that these funds must be spent
marriage promotion initiatives. on research and demonstration projects, or for primarily on activities allowed under marriage
providing technical assistance, in connection promotion grants (see above). (Sets aside $2
with activities allowed under marriage million yearly for demonstration projects for
promotion grants (see above). Provides that all coordination of child welfare and TANF
appropriated funds shall remain available until services to tribal families at risk of child abuse
expended. [Section 114(a)] or neglect.) Provides that funds appropriated
for FY2005 shall remain available through
FY2006. [Section 115(a)]
Provisions to Address No provision. Forbids Secretary to pay these research funds to No provision.
Domestic Violence and an entity that has not consulted with
Voluntary Participation organizations that have demonstrated expertise
Issues for Research Funds in working with survivors of domestic violence;
describe in the application for a grant how the
CRS-41
H.R. 240 (as approved by the House Ways
S. 667 (as reported by the Senate Finance and Means Subcommittee on Human
Current law Committee) Resources)
programs or activities 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).
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)]
State Plans, Data Reporting, Research (Other than Marriage Promotion) and Other Provisions
State Plan Requirements Each state must outline (generally in a plan Adds requirement that each state must describe
effective for three fiscal years), how it intends what it will do to end dependence of needy
to: conduct a program providing cash families on government benefits and reduce
assistance to needy families with children and poverty by promoting job preparation and work
providing parents with work and support and; encourage formation and maintenance of
services; require caretaker recipients to engage healthy, two-parent married families, encourage
in work (at state definition) after 24 months of responsible fatherhood, and prevent and reduce
aid or sooner, if then judged work-ready; the incidence of out-of-wedlock pregnancies.
ensure that caretakers engage in work in [Section 112].
accordance with the law; take steps deemed
necessary by the state to restrict use and
disclosure of information about recipients; and
conduct a program providing education and
training on the problem of statutory rape. In
addition, the plan must indicate whether the
state intends to treat families moving into the
state differently from others; indicate whether
CRS-42
H.R. 240 (as approved by the House Ways
S. 667 (as reported by the Senate Finance and Means Subcommittee on Human
Current law Committee) Resources)
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
domestic violence, to refer them to services,
and to waive program rules for some of them.
[Section 402(a) of the SSA]
Participation of Faith- No state plan provision. If the state is undertaking strategies or The state plan must describe strategies or
based Organizations in programs to engage faith-based organizations in programs to engage faith-based organizations in
Provision of Services the delivery of TANF services, or that the delivery of TANF services, or that
otherwise relate to the charitable choice otherwise relate to the charitable choice
provisions of P.L. 104-193, the state plan must provisions of P.L. 104-193. [Section 112(a)]
describe such strategies and programs. [Section
101(a)]
State Plan Requirement for Unless the governor opts out by notice to HHS, Eliminates this requirement. [Section 101(a)] Same as S. 667. [Section 112(a)]
Community Service after the state will require a parent who has received
Two Months TANF for two months and is not work-exempt
to participate in community service
employment.
CRS-43
H.R. 240 (as approved by the House Ways
S. 667 (as reported by the Senate Finance and Means Subcommittee on Human
Current law Committee) Resources)
Measurable Performance State plans must establish goals and take action States must establish measurable performance State plans to include measurable performance
Goals to prevent/reduce the incidence of out-of- objectives for pursuing all TANF purposes objectives for accomplishing ending
wedlock pregnancies. (current law only specifies establishment of dependence of needy families on government
goals for reducing o ut-of-wedlock benefits and reducing poverty (including
pregnancies). These goals are to give objectives consistent with the criteria for
consideration to those developed by the awarding Employment Achievement bonuses)
Secretary of HHS in establishing performance and for encouraging the formation and
targets for the employment bonus (see above) maintenance of two-parent married families,
and additional criteria related to other TANF encouraging responsible fatherhood, and
purposes developed by the Secretary (in reducing the incidence of out-of-wedlock
consultation with state groups). pregnancies. [Section 112(a)]
Program Strategies States plan is to describe strategies and Same as S. 667. [Section 112(a)]
programs the state is using or plans to use to
address emp lo yment 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 and performance.
[Section 101(a)]
Description of State No provision. Requires the state plan to include, to the extent No provision.
Assistance Programs applicable, for each program that provides
assistance information on its: financial and
nonfinancial eligibility rules; amount of
assistance; and applicable time limits and time
limit rules. [Section 101(a)]
CRS-44
H.R. 240 (as approved by the House Ways
S. 667 (as reported by the Senate Finance and Means Subcommittee on Human
Current law Committee) Resources)
Indian and Tribal Issues States must certify that they will provide Requires that the state plan include a Requires tribal family assistance plans to
equitable access to TANF to Indians who are description of how the state will ensure provide assurance that the state in which the
ineligible for tribal family assistance programs. equitable access to TANF to Indians who are tribe is located has been consulted regarding the
[Section 402(a) of the SSA] ineligible for tribal family assistance programs. plan and its design. [Section 112(b)]
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)] Requires that the
certifications include that tribal governments
have been consulted in the development of the
state plan. [Section 101(a)]
Two-parent Families No provision. Requires plan to describe how the state intends Same as S. 667. [Section 101(c)]
to encourage equitable treatment of healthy,
married two-parent families under TANF.
[Section 101(c)]
Description of Additional No provision. If state provides TANF-funded transportation No provision.
State Options for the Work aid, requires certification by the governor that
Requirements state and local transportation officials and
planning bodies have been consulted in
development of the plan. [Section 101(a)]
If a state counts caring for a disabled family
member as a work activity, the state must
describe how it will do so.
States opting to fund a post-secondary
education program (Parents as Scholars) are
required to file an addendum to the state plan
CRS-45
H.R. 240 (as approved by the House Ways
S. 667 (as reported by the Senate Finance and Means Subcommittee on Human
Current law Committee) Resources)
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.
Standard Form Requires the HHS Secretary to develop a No 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 Internet
website and through other means found
appropriate by the state. States also must make
TANF state plans in effect for any fiscal year
available to the public, by the above means.
[Section 101(b)].
Performance Measures No provision. (However for the purpose of Requires the Secretary, in consultation with the Same as S. 667. [Section 112(c)]
awarding performance bonuses, the Secretary is states, to develop uniform performance
to develop a formula in consultation with the measures to judge the effectiveness and
National Governors Association and the improvement of state programs in
American Public Welfare Association.) accomplishing TANF purposes. [Section
101(d)]
CRS-46
H.R. 240 (as approved by the House Ways
S. 667 (as reported by the Senate Finance and Means Subcommittee on Human
Current law Committee) Resources)
Rankings of States Directs HHS Secretary to rank states in order of Revises the employment measure to be Deletes "long-term" qualifier from private job
success in moving recipients into long-term "unsubsidized employment." Adds measure. Adds employment retention and
private jobs and reducing the proportion of out- employment retention and ability to increase ability to increase wages to factors used for
of-wedlock births and in both cases to review wages to factors used for rankings. Also, adds rankings. Also, adds three new ranking factors:
programs of the three states with highest and three new ranking factors: the degree to which the degree to which recipients have workplace
lowest ratings. [Section 413(d) and(e) of the recipients have workplace attachment and attachment and advancement, reducing the
SSA] advancement, reducing the overall welfare overall welfare caseload, and, when a method
caseload, and, when a practicable method of of calculation becomes practicable, diverting
calculation becomes practicable, diverting persons from making formal applications to
persons from making formal applications to TANF. [Section 112(d)]
TANF. [Section 101(e)]
In ranking states, Secretary must take into No 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)]
CRS-47
H.R. 240 (as approved by the House Ways
S. 667 (as reported by the Senate Finance and Means Subcommittee on Human
Current law Committee) Resources)
Data Collection and States are required to collect monthly, and Requires quarterly reports to cover families in Same as S. 667. [Section 113(a)]
Reporting report quarterly, disaggregated case record MOE-funded separate state programs, as well
information (but may use sample case record as those in TANF state programs. Permits the
information for this purpose) about recipient Secretary to limit use of sampling by
families in the TANF program. [Section 411(a) designating core elements that must be reported
of the SSA] for all families.
Required family information includes: county In terms of data elements, adds race and Same as S. 667.
of residence; whether a member received educational level of each minor parent. Deletes
disability benefits; ages of members; size of educational level of each child. Eliminates
family and the relation of each member to the reporting of the amount of child care and food
family head; employment status and earnings of stamp benefits. Eliminates the requirement to
the employed adult; marital status of adults; report on different types of TANF assistance
amount of unearned income received by family (conforms reporting with new, narrower
members; citizenship of family members; definition of assistance). Requires information
number of families and persons receiving aid on why a family is on the rolls in excess of 60
under TANF (including the number of two- months. Requires reporting on the date the
parent and one-parent families); total dollar family first received aid on the basis of its most
value of assistance given; total number of recent application and the marital status of the
families and persons aided by welfare-to-work parents of any child in the family at the birth of
grants (and the number whose participation the child, and if the parents were not then
ended during a month); number of noncustodial married, whether the paternity of the child has
parents who participated in work activities; for been established. [Section 112(a)]
each teenager, whether he/she is the parent of a
child in the family; race and educational level
of 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); number of months that the family
received each type of aid under the program.
CRS-48
H.R. 240 (as approved by the House Ways
S. 667 (as reported by the Senate Finance and Means Subcommittee on Human
Current law Committee) Resources)
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)]
Data Reporting on Work Quarterly reports are to include information Requires that states report hours of participation Adds to reported activity list: training and
Participation required to compute TANF work participation in all activities that count toward meeting other activities directed at TANF purposes.
rates. This includes number of hours per week, TANF participation standards as well as other Adds and (job) placement to job search. Omits
if any, that adults participated in specified work and self-sufficiency activities. Also job skills training and vocational education.
activities (education, subsidized private jobs, requires reporting on whether the family has a Specifies that work experience and community
unsubsidized jobs, public sector jobs, work self-sufficiency plan established for it and service are "supervised." Also requires
experience, or community service, job search, progress toward universal engagement. [Section reporting on whether the family has a self-
job skills training or on-the job training, 112(a)] sufficiency plan established for it and progress
vocational education). [Section 411(a) of the toward universal engagement. [Section 113(a)]
SSA]
Data Reporting on Indians No provision. Requires the quarterly report to include No provision.
information on the demographics and caseload
characteristics of Indians in state TANF and
MOE programs. [Section 113(e)]
Reporting on Families From a sample of closed cases, the quarterly Deletes reporting of families leaving TANF Same as S. 667. [Section 113(a)]
Leaving TANF report is to give the number of case closures because of marriage. [Section 112(a)]
because of employment, marriage, time limit,
sanction, or state policy. [Section 411(a) of the
SSA]
CRS-49
H.R. 240 (as approved by the House Ways
S. 667 (as reported by the Senate Finance and Means Subcommittee on Human
Current law Committee) Resources)
Requires quarterly reports to include the Same as S. 667. [Section 113(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)]
Reports for Families No provision. TANF data collection applies Applies the reporting requirements of the Child No provision.
Receiving TANF-funded only to families receiving assistance. Care and Development Block Grant (CCDBG)
Child Care to TANF-funded child care. Allows for a
waiver process if the state is unable to comply
with this requirement. [Section 112(d)]
Monthly State Reports No provision. Requires states to submit monthly reports on Requires states to submit monthly reports on
the number of families and persons receiving the number of families and persons receiving
assistance from TANF and separate state MOE assistance from TANF. [Section 113(c)]
programs. [Section 112(f)]
Annual State Reports Regulations require states to annually submit a Requires states to submit an annual report on Same as S. 667. [Section 113(e)]
program report (by December 31 of each year) characteristics of the state TANF program and
providing financial eligibility rules for all other state programs funded with MOE funds.
programs funded by TANF or state MOE Required information: program name and
funds. For each MOE program, reports are to purpose, description of program activities,
include the name, purpose, and eligibility sources of funding, number of beneficiaries,
criteria. sanction policies, and any work requirements.
[Section 112(f)]
CRS-50
H.R. 240 (as approved by the House Ways
S. 667 (as reported by the Senate Finance and Means Subcommittee on Human
Current law Committee) Resources)
Annual Report on No provision. Beginning with FY2007, states must submit to Same as S. 667. [Section 113(e)]
Program Performance HHS an annual report on achievement and
improvement under numerical performance
goals and measures.
Requires an annual report on progress toward No provision.
full engagement.
HHS Reports Requires the HHS Secretary to make annual Sets July 1 of each fiscal year as the deadline Same as S. 667. [Section 113(f)]
reports to Congress that include state progress for the report. Deletes applicant families from
in meeting TANF objectives (increasing the report. Adds requirement to report on
employment and earnings of needy families and characteristics of MOE-funded programs.
child support collections, and decreasing out- [Section 112(g)]
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
a time limit, children born after enactment of
TANF to teen parents, and persons who became
teen parents after enactment. [Section 413(g)
of the SSA]
CRS-51
H.R. 240 (as approved by the House Ways
S. 667 (as reported by the Senate Finance and Means Subcommittee on Human
Current law Committee) Resources)
Information on Indians in No provision. Requires the TANF annual report to include No provision.
the TANF Annual Report state-specific information about the
demographics and caseload characteristics of
Indians in state TANF and MOE programs.
[Section 113(e)]
Single Audit Reports TANF payments to states are subject to the No provision. The Secretary, within three months of receiving
Single Audit Act. [Section 409(a)(1)] 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 113(g)]
Research, Evaluations,
and National Studies
Research on State Requires HHS Secretary to conduct research on Continues these provisions and appropriates Same as S. 667. [Section 115(b)]
Programs effects, costs, and benefits of state programs. $15 million annually for them through FY2010.
Provides that Secretary may help states develop [Section 114(b)]
innovative approaches to employing TANF
recipients and shall evaluate them.
Appropriates $15 million yearly and directs
how it shall be divided. [Section 413(h) of the
SSA.] (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.)
CRS-52
H.R. 240 (as approved by the House Ways
S. 667 (as reported by the Senate Finance and Means Subcommittee on Human
Current law Committee) Resources)
Indicators of Child Well- No provision. Appropriates $10 million per year for FY2006 No provision.
being 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 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.
Research on Tribal Social No provision. Appropriates $2 million for FY2006 (available Sets aside $2 million annually for FY2006
Services Issues until expended) to conduct research on tribal through FY2010 to be awarded on a
family assistance grants and efforts to reduce competitive basis to fund demonstration
poverty among Indians. [Section 114(f)] projects designed to test the effectiveness of
tribal governments and consortia in
coordinating child welfare services to tribal
families at risk of child abuse or neglect.
[Section 115(a)]
Census Bureau Study Directs the Census Bureau to expand the Appropriates $10 million annually for FY2006 Same as S. 667. [Section 116]
Survey of Income and Program Participation through FY2010 to the Census Bureau. Directs
(SIPP) to obtain data with which to evaluate the Bureau to implement or enhance a
TANF's impact on random national sample of longitudinal survey of program participation to
recipients. Appropriates $10 million annually. permit assessment of outcomes of continued
[Section 414 of the SSA] 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
CRS-53
H.R. 240 (as approved by the House Ways
S. 667 (as reported by the Senate Finance and Means Subcommittee on Human
Current law Committee) Resources)
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 representative samples. Funds are
to remain available through FY2010 for this
survey. [Section 115(a)]
Requires the Secretary of Commerce to make No provision.
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 115(b)]
Teen Pregnancy Resource No provision. Appropriates $5 million for FY2006 (to be No provision.
Center available through FY2010) for the Secretary of
HHS to award a grant to a nationally
recognized, nonpartisan, nonprofit organization
(that meets stipulated requirements) to establish
and operate a national 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
CRS-54
H.R. 240 (as approved by the House Ways
S. 667 (as reported by the Senate Finance and Means Subcommittee on Human
Current law Committee) Resources)
preventing teen pregnancy; and assist the
entertainment media industry by encouraging
them to develop content and messages for teens
and adults that can help prevent teen
pregnancy. [Section 119(d)]
Best Practices for Dealing No provision. Authorizes $10 million per year for FY2006 No provision.
with Domestic Violence through FY2010 to develop and implement
program designed to address domestic violence.
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)]
Waivers and Program Permits the HHS Secretary to waive Creates "superwaiver" authority for up to 10 Similar rules as S. 667, except covers 10
Coordination compliance with requirements for TANF state states (including any portion of a state) to programs and activities: TANF, Welfare-to-
plans (and for child support plans), but not for coordinate rules of three specified programs for Work grants, SSBG, Job Opportunities for
any other part of TANF law (including work low-income families (all under jurisdiction of Low-Income Individuals (JOLI), Title I of WIA
standards, time limits, funding rules, and the Finance Committee): TANF, SSBG, child (excluding Job Corps), Adult Education and
penalties). [Section 1115 of the SSA] care entitlement funds. Specified provisions Family Literacy Act, CCDBG, U.S. Housing
could not be waived including: civil rights Act (excepting Section 8 rental assistance and
provisions, program purposes or goals, state set-asides for the elderly and disabled),
spending requirements, health or safety rules, Homeless Assistance Act; and the Food Stamp
labor standards, and others. Cannot waive program. Food stamp non-financial rules
funding restrictions in an appropriation act and cannot be waived. Requires an evaluation, but
funds cannot not be transferred from one not a random assignment evaluation. [Section
account to another, and projects could not 601]
increase federal costs. Waivers would be valid
for up to five years. Applicants must give
assurances that they will obtain an evaluation
CRS-55
H.R. 240 (as approved by the House Ways
S. 667 (as reported by the Senate Finance and Means Subcommittee on Human
Current law Committee) Resources)
by an independent contractor and that random
assignment of clients to services and control
groups will be used to the maximum extent
feasible.
Purposes: supporting working persons and
families, helping families escape welfare
dependency, promoting child well-being, or
helping build stronger families. Applications to
waive specific provisions of two or more
programs could be made by the head of a state
entity or a sub-state entity administering the
programs. Waiver approval would be required
by each relevant Secretary. In general, an
application would be deemed approved unless
disapproved within 90 days. Requires annual
reports to Congress. Applicants must give
assurance that they will conduct ongoing and
final evaluations
[Section 114(c)]
No provision. Authorizes five states to replace food stamps
with demonstrations of food assistance block
grant projects. [Section 602]
CRS-56
H.R. 240 (as approved by the House Ways
S. 667 (as reported by the Senate Finance and Means Subcommittee on Human
Current law Committee) Resources)
No provision. Not later than six months after enactment,
requires the Secretaries of HHS and Labor to
submit a joint report describing common or
conflicting data elements, definitions,
performance measures, and reporting
requirements in the Workforce Investment Act
and TANF law. [Section 115(d)]
Definition of Assistance Receipt of assistance by a parent or other Defines "assistance" to mean payment, by cash, Same policy as S. 667 (different wording of the
caretaker relative triggers work and time limit voucher, or other means, to or for an individual provision). [Section 117]
rules. Law does not define the term. By or family to meet a subsistence need, but not
regulation, assistance is defined as ongoing aid including costs of transportation or child care.
to meet basic needs, plus support services such It excludes non-recurrent short-term benefits.
as child care and transportation subsidies, for [Section 117]
unemployed recipients. It excludes non-
recurrent short term benefits.
Federally-funded "assistance" to a family with
an adult is limited to 60 months; states may
impose shorter time limits. By regulation,
assistance is defined as ongoing aid to meet
basic needs, plus support services such as child
care and transportation subsidies, for
unemployed recipients. It excludes non-
recurrent short term benefits.
CRS-57
H.R. 240 (as approved by the House Ways
S. 667 (as reported by the Senate Finance and Means Subcommittee on Human
Current law Committee) Resources)
State Option to Make The Workforce Investment Act (WIA) makes No provision. Makes state TANF programs mandatory
TANF Programs TANF an optional partner with one-stop partners with one-stop employment training
Mandatory Partners with employment training centers. centers established under the Workforce
One-stop WIA Centers Investment Act unless the governor of a state
decides otherwise and so notifies the
Secretaries of Health and Human Services and
Labor. [Section 120].
Sense of the Congress No provision. Provides that it is the sense of Congress that a
state welfare-to-work program should include
mentoring. [Section 121]
Enforcing Support of Requires sponsors of immigrants to sign a Not later than March 31, 2006, requires the Same as S. 667. [Section 115(c)]
Immigrants by Sponsors legally enforceable affidavit of support. Deems HHS Secretary, in consultation with the
all income and resources of a sponsor (and the Attorney General, to submit a report on the
sponsor's spouse) as available to the sponsored enforcement of affidavits of support and
alien until he or she becomes naturalized or sponsor deeming required by P.L. 104-193.
meets a work test. [Sections 421 and 423 of the [Section 115(c)]
Personal Responsibility and Work Opportunity
Reconciliation Act of 1996]
Extension Through Except as otherwise provided in this Act and Same as S. 667, except that the FY2005 high-
FY2005 the amendments made by it, activities performance bonus is set at $100 million.
authorized by the TANF part of the Social [Section 122]
Security Act (SSA) and by Section 1108(b) of
the SSA (TANF and child welfare in the
territories) shall continue through FY2005, in
the manner authorized, and at the level
provided, for FY2002. The FY2005 high-
performance bonus is eliminated. [Section 702]
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