Federal Welfare Reform Legislation

Text of major federal welfare reform legislation as well as articles related to the implementation of welfare reform. below to download the text of the legislation or to go to related articles:

Articles Relating to H.R. 1871

States Now Have The Option to Purchase Food Stamps to Provide Food Assistance to Legal Immigrants by Stacy Dean from the Center on Budget and Public Policy Priorities

Articles relating to H.R. 2015

From the Bazelon Center for Mental Health Law:

An Uncertain Future and Dubious Bargain: How the New Welfare Law Affects Children with Mental, Emotional and Behavioral Disorders and Their Families (1/3/97)

From the Center for Law and Social Policy:

"Welfare-to Work Grants and Other TANF-Related Provisions in the Balanced Budget Act of 1997," by Mark Greenberg
The Balanced Budget Act of 1997 (BBA) makes a number of changes affecting state programs funded under Temporary Assistance for Needy Families (TANF) block grants. Part I of this text summarizes the requirements of the law for the newly enacted welfare-to-work grants. Part II describes a number of additional changes relating to TANF, including a number that are categorized as "technical corrections" but that affect many aspects of TANF implementation and administration.

From the Center on Budget and Policy Priorities:

Overview of Medicaid Provisions in the Balanced Budget Act of 1997, P.L. 105-33
by Andy Schneider (9/8/97)

Overview of the New Child Health Block Grant, by Cindy Mann and Jocelyn Guyer (8/27/97)

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Articles Relating to PRWORA (H.R. 3734)

From the Center for Law and Social Policy:

Block Grant Provisions

"Comments on Proposed TANF Regulations (45 CFR chapter II,Parts 270-275),"
by Steve Savner, Mark Greenberg and Paula Roberts provides detailed comments on the proposed TANF regulations, 62 Fed.Reg. 62124 (Nov. 20, 1997), and also includes a comprehensive
discussion on separate state programs and waivers that were in place at the time TANF was enacted. 119 pages, February 1998.

"Spend or Transfer, Federal or State? Considerations in Using TANF and TANF-Related Dollars for Child Care," by Mark H. Greenberg. This document summarizes how states have chosen to use their TANF funds and the underlying consequences.

"The Child Care Protection Under TANF," by Mark H.Greenberg.
This document answers a set of questions concerning the child care protection. It briefly reviews prior law and the relevant language of the federal TANF statute, and then discusses who the protection applies to, its relation to work requirements and time limits, and the procedures that a
state must have in place to avoid or minimize the risk of a penalty for failure to comply with the protection.

Community Service Employment: A New Opportunity Under TANF assesses the advantages of paying wages through CSE. Compared to unpaid work experience programs or "workfare", waged CSE positions are more like work, bring more federal funds (through the Earned Income
Tax Credit) to the individual and state, and could be an alternative to welfare.

The Fiscal and Legal Framework for Creating a Community Service Employment Program offers insights into the set of legal questions associated with establishing publicly funded, wage-paying jobs that address unmet community needs. Among the issues covered are minimum
wage requirements, unemployment compensation, liability, displacement, and employer personnel policies.

Glossary of Work Program Terms helps sort through the lexicon of often confusing terms associated with work programs. Is there a difference between community service employment and community service jobs? What is meant by grant diversion, supported work, and workfare?

"State TANF Plans: Out-of-Wedlock and Statutory Rape Provisions," by Jodie Levin-Epstein.
This report examines the information states included in their TANF plans regarding out-of-wedlock and statutory rape births. An overview, state-by-state synopsis and chart, and a set of recommendations follow.

"The New Framework: Alternative State Funding Choices Under TANF (135K),"
by Steve Savner and Mark Greenberg.
A central element of the PRWORA is the creation of the Temporary Assistance for Needy Families block grant (TANF) to replace the Aid to Families with Dependent Children (AFDC) program. This paper discusses the fundamental changes of the relationship between federal and state funds and the important implications for program design. (The full report is available as a PDF file.)

"The Implications of Applying Federal Minimum Wage Standards to TANF Work Activities,"
by Steve Savner.
This article discusses the applicability of the Fair Labor Standards Act (FLSA) minimum wage provisions to participants in work activities under state Temporary Assistance for Needy Families (TANF) block grant programs. (The full report is available as a PDF file.)

"Teen Parent Provisions in the Personal Responsibility and Work Opportunity Reconciliation Act of 1996," by Jodie Levin-Epstein (November 1996)
This report describes the provisions in the new law that specifically affect teen parents, such as requirements on residency and that minors stay-in-school. The paper also analyzes provisions that might have significant impact on teens, such as the funding bonus to states that demonstrate the greatest reduction in out-of-wedlock births. (The full report is available as a PDF file.)

"A Detailed Summary of Key Provisions of the Temporary Assistance for Needy Families Block Grant of H.R. 3734," by Mark Greenberg and Steve Savner (August 1996)
This report translates legislative language into an easy-to-read format and provides an important resource tool on all elements of the new block grant (TANF) that replaces the Aid to Families with Dependent Children (AFDC). Includes detailed descriptions of the funding structure, federal time-limits, state spending restrictions, federal oversight of state plans, work requirements, waivers, services by charitable, religious or private organizations, implementation dates, and other aspects of the TANF block grant. (The full report is available only as a PDF file.)

"Relationship between TANF and Child Support Requirements,"
by Paula Roberts (September 1996)
This memo contains a preliminary analysis of the family law issues for public assistance recipients under the "Personal Responsibility and Work Opportunity Reconciliation Act of 1996" (P.L. 104-193). The new law requires states to reexamine the interface between family law and public benefits in a number of key areas. Depending on how states resolve some of the interface issues, families can be helped or hurt.

"The Temporary Assistance for Needy Families Block Grant,"
by Mark Greenberg and Steve Savner (fact sheet, August 13, 1996)
Under the Temporary Assistance for Needy Families (TANF) Block Grant, each state must begin operating a program of assistance to needy families no later than July 1, 1997. The legislation that enacted TANF repeals the AFDC, JOBS and Emergency Assistance Programs.

"A Summary of Key Child Care Provisions of H.R. 3734," by Mark Greenberg (August 1996)
Describes the key child care provisions of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. The Act repeals current authority for three child care programs, which are sometimes referred to together as IV-A Child Care. Instead, states will receive federal child
care funding under a Child Care and Development Block Grant.

"A Brief Summary of Key Provisions of the Temporary Assistance for Needy Families Block Grant of H.R. 3734," by Mark Greenberg and Steve Savner (August 13, 1996)
This text briefly summarizes key provisions of the Temporary Assistance for Needy Families (TANF) Block Grant of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ("the Act.").

"Waivers and Block Grant Implementation: Initial Questions,"
by Mark Greenberg (August 12, 1996)
As states plan for implementation of the Temporary Assistance for Needy Families (TANF) Block Grant, an important threshold question concerns the relation between TANF requirements and current or pending state waiver requests. The attached document discusses the uncertain relationship between waivers and requirements of the new legislation.

(To get any of the CLASP reports on "Block Grants" listed above in PDF format, click here.)

Early Implementation

"HHS Policy Guidance on Maintenance of Effort, Assistance, and Penalties: Summary and Discussion," by Mark Greenberg (February 1997). This paper summarizes and discusses some of the key points of the announcement relating to the use of state funds in the TANF structure.

"Family Law Issues and the Personal Responsibility and Work Opportunity Reconciliation Act of 1996," by Paula Roberts is a series of short issue papers, with succinct recommendations for implementing the new law. Topics include cooperation, distribution, fees, paternity establishment, enforcement remedies, administrative process, modification, new-hire reporting, case registries, and collection and disbursement activities.

"Creating a Work-Based Welfare System Under TANF," by Steve Savner (September 1996) This report reviews the essential components of a work-based system for those who will be successful in finding unsubsidized employment at low wages and for those who are unable to locate unsubsidized employment despite a good faith effort to do so.

"Waivers and the New Welfare Law: Initial Approaches in State Plans"
by Mark Greenberg and Steve Savner (November 12, 1996)
This report identifies the areas in which states consider their welfare waivers to be inconsistent with provisions in the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, based upon state plan submissions. This report will be updated on a periodic basis as states continue to submit plans.

Child Support

Summary of Child Support Assurance Act of 1997 [S. 1075, introduced by Senator Christopher Dodd (D-Conn.) -- July 28, 1997]

Comparison of Child Support Enforcement Federalization Bills Introduced in the 95th Congress. This is a table that compares key points in separate Senate bills introduced by Senator Christopher Dodd (D-Conn.) and Senator John Kerry (D-Mass.), as well as a House bill introduced by Congressman Hyde (R-IL) and Congresswoman Woolsey (D-CA).

"Child Support Assurance: Overcoming Political Barriers" by Tina Marie Perry and Leslie Anne Argenta of Harvard University. Provides a general overview of the concept of CSA and discusses
strategy for selling CSA to legislators.

"Proposed Regulations on Computerized Child Support Systems," by Paula Roberts.
This memo provides an overview of the federal Office of Child Support Enforcement's (OCSE) proposed regulations on the child support automation requirements of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), issued March 25,
1998.

"Coordination Between the Child Support and Children's Health Insurance Programs in Order to Obtain Health Insurance Coverage for Children," by Paula Roberts (November 1997).
Under the Child Health Insurance Program (CHIP) recently enacted by Congress, states will be
able to make health insurance coverage available to a large number of uninsured children. As detailed below, a logical and cost-effective agency to be involve with these efforts is the state's child support enforcement program.

"Most States Missed the Child Support Computer Deadline,"
by Vicki Turetsky (October 1997).
As of October 1, 1997, only seventeen states have federally certified systems. The child support requirements in the federal welfare reform law build on existing automation requirements and
assume that states would finish their systems on time. However, until states get their systems in place, the most critical child support improvements in the new law can not be implemented.

"Keeping Up: State Approaches to Automatic Adjustments in Child Support Orders,"
by Jessica Sager and Paula Roberts (October 1997).
This monograph is intended to help states decide how to fulfill their review and modification responsibilities of child support awards. Case law, statutory approaches, and a bibliography of current readings have been compiled and analyzed for state officials and advocates to determine next
best steps.

"Questions and Answers About State Child Support Computers,"
by Vicki Turetsky (October 1997). This Q&A discusses the current state of the nation's child support computer systems by addressing questions about the number of certified states, sanctions and funding.

"Improving Health Care Coverage in the Child Support System," by Paula Roberts. This paper looks at the steps the child support system could take, within the confines of existing law, to provide and enforce health insurance coverage for more children than it now does. (The report
is also available as a PDF file.)

"Child Support Computers: A Summary of Current and Proposed Federal Requirements," by Vicki Turetsky. State child support programs have not been able to make much headway because of their difficulty in fully automating their child support processes. Without statewide automation, federal and state legislative changes have had only a limited impact on child support outcomes.

"Some States Continue $50 Child Support Pass-Through Despite Federal Disincentive," by Vicki Turetsky and Andrea Watson. Seventeen states have decided to continue some type of child support "pass-through" or other direct payment of support to families, according to a May 1997 telephone survey conducted by the Center for Law and Social Policy. This document includes a table outlining each state's action regarding the $50 pass-through and disregard.

"Child Support Assurance: A New Opportunity in the Block Grant Structure," by Mark Greenberg, Paula Roberts, Steve Savner, and Vicki Turetsky. In recent years, there has been increased interest in the idea of providing families which have a child support order with a guaranteed, minimum monthly child support payment. The basic idea is that when a family has cooperated in establishing the child a non-custodial parent, government should assure that at least a minimum payment is provided to the family each month if the non-custodial parent does not pay sufficient support to reach the assurance level. This document briefly outlines how such a system might look, and how such a system could be developed consistent with applicable requirements of the new federal structure.

"Child Support Administrative Processes: A Summary of Requirements in the Personal Responsibility and Work Opportunity Reconciliation Act of 1996," by Vicki Turetsky. The Personal Responsibility and Work Opportunity Act of 1996 requires states to implement specific expedited and administrative procedures intended to expand the authority of the state child support agency and improve the efficiency of state child support programs. This paper analyzes the new requirements within the framework of existing federal law and policy. (The full report is available as a PDF file.)

"Implementing Child Support Cooperation Policies Under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996," by Paula Roberts (November 1996)
This report describes the cooperation provisions in the new law, analyses the interrelationship between TANF and child support programs, and makes detailed recommendations on how states can design more effective information-gathering and cooperation policies. Includes model procedures and a summary of recent state statutes. (The full report is available as a PDF file.)

"A Guide to Establishing Paternity for Non-Marital Children: Implementing the Provisions of the 'Personal Responsibility and Work Opportunities Reconciliation Act of 1996'," by Paula Roberts (August 1996)
This Guide is designed to help parents, state officials, community groups, judges, legislators, and policymakers examine their options and design and implement a paternity establishment system which recognizes the realities, meets the requirements of federal law, and reflects wise policy choices. (The full report is available as a PDF file.)

"Child Support in H.R. 3734, Key Features," by Vicki Turetsky (August 1996)
This two page summary highlights key changes H.R. 3734 makes to the child support enforcement program.

"Improving Child Support Collections: States Establish the Order, While IRS Collects the Support," by Vicki Turetsky (revised May 1996)
The current state-based system of child support enforcement is failing children. Moving responsibility for collections to the IRS would solve some of the most serious problems of the current system. It would allow the vast majority of child support to be collected through income withholding, just as taxes are paid. At the same time, it would allow states to focus on getting orders established.

"'Inadequacies and Incompatibility' of State Computers," by Vicki Turetsky (revised May 1996)
This document identifies the states inability to fully develop their computer systems as the main roadblock to more effective child support enforcement.

"Pointing the Finger at Moms: Child Support Cooperation Provisions in the Conference Welfare Bill," by Vicki Turetsky (January 1996)
This essay argues that administrative barriers, rather than noncooperation by AFDC recipients, are the main reason for poor paternity establishment rates, and recommends that states focus on information quality, interagency coordination, and client education when implementing new cooperation requirements.

State Welfare Waivers

"Limits on Limits: State and Federal Policies on Welfare Time Limits," by Mark Greenberg, Steve Savner, and Rebecca Swartz (June 1996)
As of June 20, 1996, seventeen states have pending or approved waiver requests to terminate AFDC benefits to a family that reaches a time limit; four additional states have pending or approved requests to reduce a family's cash aid when the family reaches a time limit. This document
analyzes the exemption and extension policies of these twenty-one states.

"Wisconsin Works: Significant Experiment, Troubling Features," by Mark Greenberg (Revised June 13, 1996)
Wisconsin's recently enacted legislation would initiate a redesigned welfare system that, in significant ways, would differ from any other in the nation. Under the Wisconsin Works (W-2) legislation, instead of offering cash aid, a W-2 agency would offer eligible families a subsidized job or a position in a work program. W-2 would also restructure the state's child care and Medicaid Programs.

From the Center on Budget and Policy Priorities:

Reinvesting Welfare Savings: Aiding Needy Families and
Strengthening State Welfare Reform (March 30, 1998)

The Time Line For Implementing The New Welfare Law,
by Jocelyn Guyer, Cindy Mann and David A. Super

Analysis of the August 22, 1996 Welfare Law

Medicaid and the New Welfare Law

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This page was last updated on: 01/03/02