Both of these bills eliminate the AFDC program and several related welfare programs and substitute a block grant to the states to run their own welfare programs, with varying requirements on the states for the use of the money. Individual entitlement to welfare and related programs will be eliminated; states will have wide discretion to run their own eligibility program, setting the stage for 50 different experiments in welfare reform. Funding for these block grants is capped at FY 94 levels for 5 years, with little flexibility for local changes in need or an increase in local unemployment rates. While the House bill attempts to reform a wide variety of welfare programs, the Senate bill has separated out many of these programs to various committees; yet the final floor bill is thought to be a combination of bills like the House version (AFDC, other welfare and day care, food stamps and nutrition programs, etc.).
House: Personal Responsibility Act of 1995 Senate: Family Self Sufficiency Act of 1995
House: AFDC replaced with the Temporary Family Assistance Block Grant. Senate: AFDC replaced with the Temporary Family Assistance Block Grant.
House: FUNDING: *Federal share is frozen for 5 years at the FY 94 spending levels. *"Rainy Day" emergency loans of $1 billion can be granted; they must be paid back in 3 years with interest, and are granted only if state unemployment is above 6.5% and exceeds the unemployment level of one of the past two years by 10%. Senate: FUNDING: *Federal share is frozen for 5 years at the FY 94 spending levels. *"Rainy Day" emergency loans are granted, but they may not exceed 10% of the FY grant to the state and must be paid back in 3 years, with interest.
House: WORK REQUIREMENTS: (% of recipients who must participate in a work activity in order for the state to be in compliance with the program.) *Requirements are 10% participation in FY 96, increasing to 50% in FY 2003. *Education can be considered work, but it must be combined with at least 20 hours of work activity per week by an individual under the age of 20. *Requirements for two parent families would be increased by 50% in FY 96 and 90% in FY 98. *Work activities are defined as: unsubsidized employment; subsidized private and public sector employment; public work experience, including refurbishing public housing; job training; job searches; education related to employment; education related to getting GED if the recipient is under 20 and not yet received a high school diploma; secondary education. Note: No new funding to meet these increases in work requirements, including child care. This applies to the Senate bill as well. Senate: WORK REQUIREMENTS: (% of recipients who must participate in a work activity in order for the state to be in compliance with the program.) *After two years (earlier at state option) of assistance, adults must participate in work activities. There is some elaboration of work requirements in the Senate bill, although it is not as detailed as the House bill. *By FY 96 20% of recipients must participate in work activities, by FY 2001 50% must participate in work activities. *The individual participant must engage in at least 20 hours of work activities per week, otherwise assistance will be reduced by 20%. *By FY 60% of recipients who are two parent families must participate in some work activity, and by FY 99 90% of recipients in two parent families must participate. *At least one parent must participate in work activities for at least 30 hours per week, otherwise assistance will be reduced by an unspecified amount. *There is not a separate detailed definition of work activities in the Senate bill. Work activities are modeled on the current JOBS program. Note: The Congressional Budget Office (CBO) presented testimony at the Finance Committee mark-up that to meet work requirements, States would have to spend up to 60-70% of their block grant money on child care and training. It was their belief that States would instead take the 25% penalty from the block grant, the maximum amount imposed if a state does not comply with the work requirements.
House: INDIVIDUAL EXCLUSIONS:
*No cash assistance will be granted to:
*A child born out of wedlock to a mother under the age of 18, except if the
child is a result of rape or incest.
*A child born to a current welfare recipient (i.e., while a brother or sister
is receving benefits), except if the child is a result of rape or incest.
*If paternity is not established by the mother of a child who is receiving welfare
benefits, then there is a reduction of $50 per child or 15% of the family grant
until paternity is established.
Senate: INDIVIDUAL EXCLUSIONS:
*There are no exclusions listed for children born out of wedlock or while the
parents are receiving welfare; however, some Senators have threatened to reintroduce
this on the floor.
*All recipients must establish paternity. If paternity is not established for 100%
of the recipients in the state, then the state may be penalized up to 5% of its
block grant until the compliance rates are met.
House: LEGAL IMMIGRANTS: *No cash assistance is given to resident aliens, except if they are refugees, legal immigrants over 75 living in the US for at least 5 years, veterans honorably discharged, or disabled permanent residents. Senate: LEGAL IMMIGRANTS: *Similar restrictions on receipt of benefits to resident aliens.
House: TIME LIMITS: *60 month (5 years) lifetime mandatory cap. There is a hardship exception for 10% of the caseload. Senate: TIME LIMITS: *60 month lifetime mandatory cap (earlier at the state option). There is a 15% hardship exception.
House: CHILD CARE: *Eliminates child care guarantee. *Creates transitional child care (i.e. no longer an entitlement). Previously child care was provided to working mothers with children under the age of 6. Senate: CHILD CARE: *Child Care programs are collapsed into one discretionary block grant, the Child Care Development Block Grant. *Entitlement to child care is eliminated except for one condition. Work activity participants must be provided with child care by the state if they have a child under the age of 6.
House: CHILD WELFARE: *The Child Care Block Grant will replace 23 federal programs covering foster care, adoption assistance, and child abuse prevention and treatment. The block grant will be capped at 1994 spending levels. Senate: CHILD WELFARE: *Child welfare programs will remain unchanged from current law in the Senate. This means the entitlement to child welfare programs is preserved in the Senate bill (thus far).
House: ILLEGITIMACY RATIO: (Calculated by adding out of wedlock births and the increase in the number of abortions and dividing that by the number of total births in the state.) *A 5% bonus is awarded to states that reduce out of wedlock births by 1%. A 10% bonus is awarded to states for a reduction by 2%. *One way that a state could conceivably improve their illegitimacy ratio is to decrease the number of abortions that are performed in the state, by making them more difficult to obtain. The state would then be eligible for an increase in funds, without addressing the issue of teenage pregnancy. Senate: ILLEGITIMACY RATIO: *Not in the version of the bill reported out of the Finance Committee. The general language of reducing the number of illegitimate births, however, is in the bill. *Some Senators have mentioned that they will introduce this as an amendment once the bill is introduced on the floor.
House: MEDICAL: *No funds can be utilized from the block grant to provide medical services. A debate between Rep. Hyde (R-IL) and Rep. Greenwood (R-PA) made clear that this amendment, which was introduced by Rep. Hyde, applies only to abortion services. *The current medical assistance and Medicaid programs will remain federal programs and will be handled at a later date by Congress. It is uncertain what the coverage will be and specifically whether children and families, who are cut off of welfare will continue to receive these benefits. Senate: MEDICAL: *No funds can be utilized from the block grant for medical services. It is uncertain at this point whether this includes family planning and abortion services. (The Finance Committee staff has indicated that this ban is not intended to include family planning and abortion services, although we suspect both will be affected.) *The current medical assistance and Medicaid programs will remain federal programs and will be handled by Congress at a later date.
House: CHILD SUPPORT: *After paternity is established, the state will set up a program, probably using existing databases, to collect child support. Senate: CHILD SUPPORT: *After paternity is established, the state will set up a program, probably using existing data bases, to collect child support. *The drivers licenses of delinquent supporters can be revoked.
House: FOOD STAMPS: *There is an allocation cap to the individual states, which ignores demand. This cap is based upon the previous spending of the state. *There is a work requirement for individuals who do not have dependents. *Legal immigrants not eligible. Senate: FOOD STAMPS: *This is not handled in the Senate bill. Current wisdom is that changes in Food Stamp and nutrition programs will be included in the final bill when it comes to the floor.
House: SOCIAL SECURITY INCOME: *Addiction to drugs or alcohol is no longer considered a disability and individuals may no longer receive treatment and benefits for these addictions. Senate: SOCIAL SECURITY INCOME: *Addiction to drugs or alcohol is no longer considered a disability and those individuals may no longer receive benefits. *The Individual Functional Assessment (IFA) of whether individuals are qualified to receive benefits because of their disability is abolished. *The individual must fit into more restrictive definitions of disabilities which are covered in order to receive benefits. *The maladaptive behavior definition of a disability is abolished.
House: PENALTIES FOR THE STATE: *The bill lists specific penalties for the state, which are a reduction in the amount of the block grant, if the state does not provide certain services or fails to meet quotas or work participant rates. At most these penalties can amount to 25% of the block grant. Senate: PENALTIES FOR THE STATE: *The bill lists specific penalties for the state, which are a reduction in the amount of the block grant, if the state does not provide certain services or fails to meet quotas or work participants. At most these penalties can amount to 25% of the block grant.
The next hurdle is bringing the nomination to the Senate floor for a vote. Majority Leader Bob Dole's threat not to bring the nomination to the floor is still hanging out there, although he has now stated he wants to meet with Dr. Foster before a final decision. Senator Nancy Kassebaum, Senator Judd Gregg, and Senator Slade Gorton, all members of the Labor and Human Resources committee who voted against the nomination, have stated that Foster deserves a vote on the Senate floor. Their voices join many of the Democrats who want a vote on the nomination and some (such as Senators Barbara Boxer, Christopher Dodd and Minority Leader Tom Daschle) have threatened to hold up other legislation if a vote is not scheduled. Another obstacle is Senator Phil Gramm's filibuster threat, which requires 60 votes to overcome. Dole recently stated that he believes there are enough votes for the nomination to pass on a straight up or down vote; therefore, the critical vote to overcome is the filibuster.
ACTION NEEDED : The floor vote, if Dole retreats on his threat, should happen during June. The message to Senators now is support the nomination and vote for cloture to end any filibuster. This is the last push, so make those calls to your Senators (even if you've already done so). You can reach your Senators through the Capitol switchboard at 202-224-3121.
*** For more information on Dr. Foster, the groups that support him, and up-to-date information on the nomination, Planned Parenthood and People for the American Way have established a home page on the Internet. The site address is: http://www.igc.apc.org/foster_action/.
The Smith amendment was defeated in committee by a vote of 21-18. However, when the House began floor debate on the bill, the Smith amendment was added back onto the bill by a vote of 240-181. The entire bill passed on June 8. The focus now shifts to the Senate where Senator Jesse Helms chairs the Foreign Relations Committee. President Clinton has already stated his intention to veto the Foreign Aid/State Department Reauthorization bill as it currently stands.
ACTION NEEDED : The Senate Foreign Relations Committee may have already held its mark up by the time you receive this alert; therefore the target for this issue is the full Senate. Ask your Senator to oppose language such as the House Smith amendment which reinstitutes the old "Mexico City" policy.
Starting June 14, the House will be debating the Department of Defense Authorization bill. In committee, Rep. Bob Dornan (R-CA) added an amendment to prohibit any woman from receiving an abortion at a military hospital, even if she pays for the procedure with her own funds. This means a woman would have to use local hospitals (regardless of whether they have appropriate facilities) or fly back to the U.S. for the procedure (assuming that she could obtain leave to do so). This amendment directly overturns a Clinton Executive Order signed two days after he took office which lifted this onerous restriction for female military personnel and dependents living on bases overseas.
ACTION NEEDED: The House will probably have acted on this bill by the time you receive this alert. The Senate Armed Services Committee will be the next body to deal with this issue. If your Senator is on the Committee, ask him/her to oppose language such as the House Dornan amendment which jeopardizes female military personnel or dependents stationed overseas when they are seeking abortion services.
Democrats: Sam Nunn, GA, Ranking Member; J. James Exon, NE; Carl Levin, MI; Edward Kennedy, MA; Jeff Bingaman, NM; John Glenn, OH; Robert Byrd, WV; Charles Robb, VA; Joseph Lieberman, CT; Richard Bryan, NV.
On June 15, Rep. Charles Canady (R-FL) will hold a hearing on the Christian Coalition's "Contract with the American Family" provision to outlaw the D & X procedure and restrict third trimester abortions in his Constitution Subcommittee of the Judiciary Committee. There may also be a bill by the time the hearing occurs.
Dornan's Bill was referred to the House Committee on Government Reform and Oversight, and subsequently referred to the subcommittee on Human Resources and Intergovernmental Affairs, which is chaired by Rep. Chris Shays (R-CT). No hearings have been scheduled in that subcommittee concerning this legislation, but on June 22, Rep. Dornan is scheduled to testify at hearings by another subcommittee --Civil Service -- on AIDS Education and Diversity Training Programs. We are very concerned because Dornan made his intentions quite clear with the statement, "Diversity is a code word for homosexuality. Period." In the Senate, Sen. Jesse Helms (R-NC) has introduced similar legislation.
In addition, the appropriations process has already started and we should expect anti-lesbian and gay amendments, such as the Dornan/Helms bills, to be attached to appropriations bills. Vigilant opposition is crucial, for the battle will have to be fought a number of times rather than just once.
ACTION NEEDED :
Contact members of the Civil Service Subcommittee and tell them we are concerned about Dornan's testimony in light of his draconian bill. Lesbian and gay bashing has no place in congressional hearings:
Republicans: John Mica, FL, Chair; Charles Bass, NH; Benjamin Gilman, NY; Dan Burton, IN; Connie Morella, MD
Democrats: Jim Moran, VA, Ranking Member; Frank Mascara, PA
Independents: Bernard Sanders, VT
NOW has participated in lobbying and activities with the Leadership Conference on Civil Rights, met in early March with George Stephanopoulous and Harold Ickes (with an appearance by the President and Vice President), sent letters to targeted House and Senate members and joined other women's organizations in a march and demonstration at the White House (Women United for Equality). The leaders of these groups then met with White House officials, asking them not to weaken affirmative action.
ACTION NEEDED: Write your members of Congress and President Clinton; tell them not to bar or repeal affirmative action programs. The White House address is 1600 Pennsylvania Ave., Washington, DC 20500.
What is at issue is whether there will be public hearings on these allegations. It appears that Packwood can choose whether to have public or private hearings; yet the Ethics Committee has the authority to call for public hearings on its own, as it did in its investigation of the "Keating Five" in the early 90's.
ACTION NEEDED : Basically, this is the same message we've been directing to the Senate Ethics Committee since the beginning: hold public hearings. Members of the Ethics Committee are: Mitch McConnell, R- KY, Chair; Robert Smith, R-NH; Larry Craig, R-ID; Richard Bryan, D-NV, Vice Chair; Barbara Mikulski, D-MD; Byron Dorgan, D-ND.
For copies of any of the above bills, connect to Thomas or call your Senator or Representative at (202) 225-3121 who will send you copies free of charge. This update is mailed monthly to NOW leadershipand is available on the Internet. The address of NOW's home page is http://now.org/now/ . Any member can get the update for a yearly charge of $25.