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NOTE: Hyperlinks provided in this policy fax briefing were correct as of the time of publication.
April 2001 - Vol. 3, No 3

Legislation Targeted at Low-Income Families Introduced in Senate; Bush Budget Proposals Released
The Strengthening Working Families Act of 2001 (S. 685) was introduced in the Senate on April 3, 2001. The bill is sponsored by Senator Evan Bayh (D-IN), and is currently co-sponsored by 11 senators from both parties. The primary provisions contained in the bill would apply to child support, fatherhood and marriage promotion, the Earned Income Tax Credit (EITC), child welfare, childcare and the Social Services Block Grant (SSBG). Many of the bill's provisions are also in President Bush's budget proposal. The fatherhood and marriage promotion provisions will surely be supported by the administration in light of the President's emphasis on such measures, and the recent appointment of Wade Horn as Assistant Secretary of HHS. Dr. Horn previously served as President of the National Fatherhood Initiative (NFI), a private national marriage and responsible fatherhood promotion campaign.
H.R. 1300, the Responsible Fatherhood Act of 2001, contains identical provisions to the fatherhood provisions contained in S. 685, but does not, as of this writing, contain the other titles and provisions. Also introduced on April 4, 2001 was the Child Support Distribution Act of 2001 (H. 1471), sponsored again by Representatives Nancy Johnson (R-CT) and Benjamin Cardin (D-MD). The provisions of this bill are primarily the same as those contained in the Child Support Distribution Act of 2000 (see Policy Briefing from June 2000, available on our website, www.cffpp.org, for a summary of that bill). The fatherhood section, however, reflects a substantially increased emphasis on marriage, in accordance with this year's focus on marriage policy. Where differences between H. 1471 and S. 685 are key, they are noted below.
Among the many provisions of S. 685:
Fatherhood provisions
- Funds media campaigns in the amount of $25 million in grants made available to states per year from FY 2002-2006 for the promotion of the formation and maintenance of married two-parent families. Groups eligible to receive grants under this provision include public and private organizations (either charity or religious-based).
- Responsible Fatherhood Block Grants to total $50 million per year from FY 2002-2006 would be available to public or private fatherhood programs that serve to instill the goals of marriage promotion and sustainment, two-parent families, and child support payment. President Bush's budget proposal includes $64 million for similar fatherhood programs, and $4 million for "Projects of National Significance" to support the expansion of state and local responsible fatherhood efforts.
- An increase in the emphasis on the promotion of marriage compared to legislation proposed on fathers and families over the last several years. Programs would be required to use grant money to:
- Promote marriage through disseminating information about the benefits of married two-parent families, counseling and mentoring, enhancing relationship skills, and teaching how to control aggressive behavior
- Sustain marriage through marriage preparation programs, premarital counseling, marital inventories, skills-based marriage education, financial planning seminars, and divorce education and reduction
- Promote responsible parenting through monitoring, counseling, and encouraging child support payment
- Only half of the participants in programs funded by the block grants must be low-income fathers. H. 1471 mandates that all participants either: have children receiving public assistance; have incomes below 150% of the federal poverty line, or are "at risk of parenthood outside of marriage." H. 1471 would also expand the economic supports available to low-income fathers by providing a review and possible adjustment to child support arrearages under certain circumstances. This bill does not address child support issues in the context of services to noncustodial parents.
- Authorizes $2 million per year for a National Clearinghouse for Responsible Fatherhood Programs, to be allocated to a single selected national fatherhood group that has previously demonstrated an "emphasis on promoting married fatherhood as the ideal". This contracted fatherhood group will use grant money to provide a centralized source of information furthering the goals of marriage promotion and responsible fatherhood and develop a media campaign within state agencies to promote two-parent families.
Child support provisions
- For families who are no longer recipients of assistance, states must pay to the family any current support (the amount of child support paid, up to the monthly child support order), and any arrearages paid that are not assigned to the state.
- States have the option to convert state-owed arrearages to the custodial parent.
- States have the option to pass through child support to families currently receiving TANF benefits up to $400 for a family with one child and $600 for a family with two or more children if the family has been on TANF for no more than 5 years. If a state disregards the amount of child support received by a family when determining that family's TANF grant amount, the state is not required to pay the federal share of the collected child support. The five-year limitation may prevent TANF participants with the most significant hardships from benefiting from a pass-through and disregard.
- Prohibits states from collecting child support to repay the state for Medicaid costs associated with the birth of a child using their child support enforcement agencies.
- Expands the use of the National Directory of New Hires to allow access to the database to state unemployment compensation programs.
- Excludes nonimmigrant aliens with a child support arrearage of more than $2,500 from admission to the country.
Other Provisions
Also included in the bill are provisions that would:
- Increase funding for the SSBG from $1,725,000 to $2.38 billion in FY 2002. President Bush's budget contains a cut in SSBG funding, to $1,700,000.
- Regarding the Earned Income Tax Credit, the bill simplifies definitions of earned income, expands the definition of child dependents, and establishes a cost of living adjustment for phase-out of the EITC.
- Provides an incentive in the form of a tax credit to employers to encourage employer-sponsored childcare.
- Reauthorizes the "Promoting Safe and Stable Families" program, renaming it "Strong Families, Safe Children." The bill increases the allotment for this child welfare program from $305 million per year to $505 million per year, and contains several other foster care and child welfare provisions. President Bush's budget increases the program to $505 million as well.
The provisions would become effective October 1, 2005, unless a state chooses an earlier effective date.
President Bush's budget also includes a proposal to allow states to use TANF funds to partially offset the cost of a Charitable State Tax Credit that would allow individuals to claim a tax credit of up to 50% of the first $500 ($1,000 for married couples) for contributions to charities addressing poverty. -AL and RM

New Food Stamp Regulations Will Affect Child Support Payors
The U.S. Food and Nutrition Service has issued new regulations that are intended to bring the Food Stamp Program (FSP) into compliance with the 1996 Personal Responsibility and Work Opportunity Reconciliation Act. These regulations could have significant repercussions for families with any members who participate in TANF and/or the FSP. The regulations will:
- Require states to prevent FSP participants who are also TANF participants from receiving an increased food stamp allotment when the TANF grant is reduced because a household member did not cooperate with child support requirements (such as providing information that would allow for the establishment of paternity and a child support order for the noncustodial parent).
- Allow states to actually reduce the Food Stamp allotment for families who fit the criteria above.
- Allow states to disqualify persons from the FSP if they have been sanctioned by TANF for not cooperating with child support requirements. The disqualification may apply only to the non-cooperating individual and not to other household members.
- Allow states to disqualify persons from the FSP if they are behind in their child support payments. Maine, Mississippi and Wisconsin currently have this option in place.
- Allow states to require child support cooperation for all parents, custodial and noncustodial, participating in the FSP but not TANF. Seven states (Idaho, Kansas, Maine, Michigan, Mississippi, Ohio and Wisconsin) currently require child support cooperation for custodial parents.
The regulations go into effect June 1, 2001.
An analysis of the new regulations was recently prepared by Paula Roberts of the Center on Law and Social Policy, and is available at www.clasp.org. -RM

Uninsured and Working Poor Facing Reduction in Access to Health Care Services
Under President Bush's new budget announced on April 9, health care services to the uninsured face an 86% cut in funding. First reports indicate that the proposed cuts would eliminate Community Access Grants, that fund training for health professionals who provide health care to the uninsured and would cut programs that promote the involvement of doctors and hospitals in providing care in poor communities. Families USA, a national organization for health care consumers, describes Bush's health care budget as "an obvious casualty of the huge tax reductions he proposes", tax reductions that will see little if any benefits for poor families. Additionally, the number of uninsured may increase as businesses become disinclined to provide health benefits due to an economic downturn and high inflation in health insurance costs. While President Bush and Republicans in Congress expect that these newly uninsured will be able to purchase private insurance with a small tax credit, the Congressional Budget Office has reported that such a tax subsidy would have to be significantly larger than that proposed by the administration in order to cover insurance costs for the families that need it most. Democrats will request additional funds for Medicaid and the Children's Health Insurance Program (CHIP) and plan to expand CHIP to cover the low-income working parents of children currently covered.
In a separate report, the state of Idaho has placed a restriction on promotional efforts to attract qualified recipients into what are deemed "very, very costly programs". Such programs include health coverage for children under Medicaid and Children's Health Care Program, immunization campaigns, domestic violence and child abuse services, substance abuse services, and programs for the disabled. In a state with a growing number of uninsured children, previous promotional efforts enrolled twice as many children in the Children's Health Care Program and found that four times as many were eligible for Medicaid. -AL
Additional information can be found at:
www.nytimes.com/2001/04/04/politics/04HEAL.html
www.nytimes.com/2001/03/27/politics/27HEAL.html
www.familiesusa.org/statement/bushbudget.htm
www.idahostatesman.com/Legislature/daily/20010330/97940.htm

Decline in Welfare Caseload Nationwide Reaching a Standstill
Recent data from HHS indicate that welfare caseloads for most states have stopped the decline that started after welfare reform in 1996. Twelve states' welfare rolls have actually increased more than 3% in the last quarter reported, from June to September 2000. Drastic steady declines in welfare caseloads in the last six years propelled by new restrictions coincided with a time of unprecedented economic prosperity. Reports from several states indicate that state officials and advocates are concerned, however, that a slowing economy will be unable to sustain both former recipients placed into low-wage jobs and the large number of current recipients subject to the 60-month lifetime benefit limit within the next year. Some states estimate that nearly half of their current recipients will lose their benefits in 15 months due to the five-year lifetime limit that began in 1997.
Some state officials acknowledge that there remain many recipients who have cooperated with the rules of their program and yet remain jobless, have returned to welfare, or earn less than a living wage at their Welfare-to-Work jobs. Various states' responses include proposals of state-funded initiatives such as a six to twelve month extension of benefits, non-time-limited cash bonuses for working families, and a pass-through of a percentage of collected child support to the custodial parent. Advocates for the poor, researchers, and businesses with workfare employees are calling for measures such as more frequent and forgiving time-outs from the time limits and increased financial supports for working families, citing time limits as a potential cause of widespread hardship if time limits are not addressed. -AL
See:
http://web.thestate.com/content
www.pioneerplanet.coms
www.dallasnews.com/texas_southwest
www.startribune.com/viewers
http://inq.philly.com/content/inquirer
http://philainq.infi.net/content

Wisconsin Audit Finds Few Former Welfare Recipients Earning Above Poverty Wages
A recent report by the Wisconsin Legislative Audit Bureau finds that, for a sample of 2,129 W-2 participants who were tracked since leaving the program during the first quarter of 1998, only two-thirds filed state tax returns. Only 34% of those who filed returns were earning incomes that exceeded the federal poverty level. With the Earned Income Tax Credit factored in for those families who qualified, about 47% of those who filed tax returns were above the poverty level. The audit also expressed concern over the disparities in the use of sanctions. Milwaukee County, with the greatest percentage of W-C caseload, sanctioned clients at a 10% higher rate than the rest of the state. The county's sanctions were also more frequently overturned on appeal than was the case for other counties.
The audit recommends changes to the program such as:
- Consolidating services in Milwaukee County, currently served by five contracting private agencies. Four of the agencies spent $2.7 million on bonuses to their employees, a practice the report recommends ending.
- Performance bonuses to W-2 agencies might be more appropriately spent on services that directly help W-2 clients move out of poverty. The bonuses totaled $65 million for the program's first 28 months.
- Better and more consistent sanction policies.
The full report is available on the web at www.legis.state.wi.us/lab/CurrentReportsByDate.htm -RM

Summary of Congressional Hearings On Workfare Available from NOW-LDEF
The NOW-Legal Defense and Education Fund has a useful summary of hearings on work and welfare held by the House Ways and Means Human Resources Subcommittee on April 3, 2001. The summary provides an analysis of the testimony, which was, with few exceptions, intended to support even stronger work requirements, full family sanctions and the repeal of worker protections for workfare participants.
NOW-LDEF is encouraging advocates and policy analysts to testify on the effects of harsher penalties and work requirements by sending testimony to the House Ways and Means Committee by April 17, 2001.
You may contact Heather Ronovech at hronovech@nowldef.org, for a copy of the summary. Full testimony can be found at http://waysandmeans.house.gov/humres/107cong/hr-2wit.htm. -AL

Regulation to Establish Grievance Procedures for Child Support Program Are Issued
A memorandum prepared by Paula Roberts of the Center on Law and Social Policy (CLASP) is available on the CLASP website, www.clasp.org. The memorandum provides a useful analysis of the regulation, and the role that advocates could play in ensuring that grievance procedures will meet the needs of their constituencies. The memorandum addresses the minimum regulatory requirements for an acceptable grievance process, and additional protections that could be promoted, among other issues likely to become part of a state's establishment of the procedures. The process established by the State of California is used as an example of a grievance procedure that provides protections for noncustodial as well as custodial parents. -RM
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AL - Allison Lipscomb
RM - Rebecca May
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