House Ways and Means Committee Passes Herger Bill; Other TANF Proposals Introduced in Senate

IMMIGRANTS & PUBLIC BENEFITS

TANF Reauthorization

House Ways and Means Committee passes Herger bill; other TANF proposals introduced in Senate
Immigrants' Rights Update, Web Edition, May 14, 2002

The Republican bill to reauthorize the Temporary Assistance for Needy Families (TANF) program is moving quickly to a vote on the floor of the House of Representatives, while the outlines of two Senate proposals have been announced, but not yet introduced as bills. Rep. Wally Herger (R-CA), chairman of the House Ways on Means Subcommittee on Human Resources, introduced HR 4090, the Personal Responsibility, Work, and Family Promotion Act of 2002" on April 9, 2002 (see "House Human Resources Subcommittee to Mark Up TANF Bill; Other TANF Reauthorization Proposals Introduced," Immigrants' Rights Update , Apr. 12, 2002, p. 12). The bill was passed by the full Committee on Ways and Means on May 2, 2002, and the House is expected to pass the bill on a party-line vote the week of May 13, 2002.

In the Senate, Sens. Thomas Carper (D-DE) and Evan Bayh (D-IN) issued an outline of their TANF proposal, and Sen. John Breaux (D-LA), one of the original architects of the 1996 welfare bill, issued a press release describing his "tri-partisan" TANF proposal. The chairs of the Finance Committee, which has jurisdiction over TANF, have yet to release their proposal, but are expected to use the Breaux proposal as a starting point. Sen. John Kerry (D-MA) also introduced a bill confirming that "qualified" immigrants are eligible for certain Dept. of Housing and Urban Development (HUD) rental housing programs.

Herger's Bill. The bill does not include any benefits restorations for immigrants. It increases the work requirement to 40 hours per week from 30, and includes a dangerous "superwaiver" provision, which would allow states to waive nearly every rule and regulation governing programs run by the Depts. of Health and Human Services, Labor, and Education. Rep. William Thomas (R-CA), chair of the House Ways and Means Committee, offered an amendment that requires the secretary of Health and Human Services, in consultation with the attorney general, to submit a report to Congress on the enforcement of the affidavit of support and sponsor deeming requirements. The amendment was incorporated into the bill, which is expected to go to the House floor for a vote by the week of May 13, 2002.

Carper/Bayh Proposal. Sens. Carper and Bayh, joined by Sens. Bob Graham (D-FL), Joe Lieberman (D-CT), Zell Miller (D-GA), Jean Carnahan (D-MO), Ben Nelson (D-NE), and Bill Nelson (D-FL), released an outline of the "Work and Family Act" on May 2, 2002. The outline includes a number of positive provisions for immigrants, including a state option to eliminate the five-year bar in TANF, supplemental funds to help states implement this provision, and an increase from 12 to 24 months in which TANF recipients may participate in vocational education. The bill also provides a state option to restore Medicaid and the State Children's Health Insurance Program to lawfully present children and pregnant women. However, the bill imposes the increased work requirements that were included in Chairman Herger's and President Bush's proposals.

Breaux's Proposal. Also on May 2, Sen. Breaux and five other members of the Senate Finance Committee sent a letter to Senate Finance Chairs Charles Grassley (R-IA) and Max Baucus (D-MT) outlining their priorities for TANF reauthorization. The priorities include a state option to restore TANF to qualified immigrants, and an increase from 12 to 24 months for TANF recipients to participate in education and training. Although their proposal increases the percentage of the caseload that must be engaged in work from the current 50 percent to 70 percent by 2007, it maintains the 30 hour per week work requirement for individuals.

Kerry's Housing Bill. Sen. Kerry introduced S. 2116, the Welfare Reform and Housing Act. The bill conforms immigrant eligibility for HUD rental housing programs to other federal programs by confirming that qualified battered immigrants and Cuban/Haitian entrants are eligible. The 1996 federal welfare law provides access to most federal public benefits for qualified immigrants, including battered immigrants and Cuban/Haitian entrants. However, section 214 of the Housing and Community Development Act, an earlier statute that governs eligibility for HUD programs, does not include these two immigrant categories.