The Leadership Conference on Civil and Human Rights

The CIVIL RIGHTS MONITOR is a quarterly publication that reports on civil rights issues pending before the three branches of government. The Monitor also provides a historical context within which to assess current civil rights issues. Back issues of the Monitor are available through this site. Browse or search the archives

Summer 2003

TANF Reauthorization Update

For more than a year, Congress has been debating the reauthorization of the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) - the federal welfare law passed in 1996.  Much of the discussion has focused on the law's Temporary Assistance to Needy Families (TANF) program, which provides block grant funds to states to administer their welfare programs.

During the 107th Congress, the House and the Senate debated potential modifications to the TANF program, ultimately taking two different legislative approaches in their reauthorization bills.  The House passed a TANF reauthorization bill largely along party lines, modeled on the Administration's proposal to toughen TANF's current requirements.  Receiving most of the attention was the bill's sharp increase in the hourly work requirements from 30 hours per week to 40 hours.  The stricter requirements, in effect, would have reduced state flexibility and made it harder for welfare clients to participate in education and training programs.  Further, the bill froze TANF funding, despite the increased work requirements, while at the same time including insufficient additional funding for critical work supports such as childcare.  Also included in the bill was a controversial "superwaiver" proposal that would allow federal agency heads to waive compliance with many federal laws.  Criticized as being overly punitive and imposing unworkable requirements on clients, the bill was opposed by many advocates, including the Leadership Conference on Civil Rights (LCCR).

The Senate Finance Committee took a different approach, approving a bill that retained TANF's current work requirements.  It also included important features, such as increased childcare funding and preserving the ability of states to combine work with a mix of education and training activities.  Importantly, the bill also addressed several LCCR priorities, including language on workplace protections for welfare clients, caseworker training, and reporting of civil rights complaints.  The Senate Finance bill, although approved in Committee, never received a floor vote.  Absent agreement between the House, Senate, and the Administration, Congress approved a short-term extension of current law and reauthorization was held over for further debate in the 108th Congress.

Early in the 108th Congress, the Administration reintroduced their TANF reauthorization bill, a proposal substantially the same as their prior proposal.  Just as in 2002, their proposal includes stricter work requirements, limited funding for child care, reduced access to education and training, and a "superwaiver" provision.  Repeating its action during the last Congress, the House quickly passed the Administration's bill, H.R. 4, with few changes - this time bypassing the committee mark-up and going straight to the floor.  LCCR opposed the legislation and urged members to reject the bill.  

LCCR's Welfare Task Force has concentrated on examining the 1996 welfare law from the perspective of the law's impact on civil rights.  Serious questions have emerged about whether all clients have equal access to services, and whether there are racial and ethnic differences in how welfare rules are applied.  Research analyzing different state welfare rules has found, for example, that policymakers were most likely to adopt restrictive punitive program rules - such as tighter time limits, stronger sanctions and family cap policies - in states with higher percentages of minority clients.  LCCR hosted a press briefing in June 2003 to highlight data on racial and ethnic disparities in welfare program implementation.  Among the participants in the briefing were leading researchers, and experts from the National Council of La Raza, the National Urban League, Hmong National Development, Inc., and the National Partnership for Women & Families.  

LCCR has proposed several TANF provisions to help monitor compliance with civil rights laws, minimize discrimination, and ensure equitable access to services.  These provisions would require better reporting on state civil rights compliance efforts, improved data collection to monitor potential disparities in program administration, worker and due process protections, and caseworker training.  LCCR also has supported several legislative proposals addressing civil rights concerns.  The Fair Treatment and Due Process Protection Act of 2003, introduced by Senator Russell Feingold, D-Wis., proposes data collection enhancements, due process protections to avoid unfair sanctions, and language-appropriate assistance to clients with language barriers.  Senator Jeff Bingaman's, D-N.M, Self Sufficiency and Accountability Act of 2003 requires more comprehensive state reporting on state civil rights enforcement efforts.  In the House, Representative Eddie Bernice Johnson, D-Tex., introduced the Racial Equity and Fair Treatment bill, a comprehensive bill designed to curtail discriminatory practices in welfare programs.  All three proposals make important contributions by identifying improvements that can help ensure fair treatment in welfare programs.

LCCR will continue to work closely with advocates and Congressional staff as the debate on TANF reauthorization proceeds in the coming months.