Utah Reauthorization Project
P. O. Box 270090 Fruitland, UT 84027-0090
(435) 548-2630 FAX (435)
548-2438
wrw@ubtanet.com www.slcap.org/UREAP/ureap.htm
March 30, 2005
Senator Orrin Hatch
United States Senate
104 Hart Office Building
Washington, D.C. 20510
Dear Senator Hatch:
We are pleased that the Senate Finance Committee (SFC) has approved a "conceptual
Mark," including amendments, known as the Personal Responsibility and Individual
Development for Everyone (PRIDE) Act of 2005 and expect that it will reach
the Senate Floor soon. As you know, the Utah Reauthorization Project (UREAP)
has been following welfare reform reauthorization legislation since 2001
and we have greatly appreciated ongoing opportunities to work with you and
your staff as three bills have made progress towards passage. We all hope
that this third effort will bear fruit. We are writing today to provide our
perspective on the current legislation. First, we will briefly list the provisions
that we support. We thank you for your role in helping to make that list
quite long and will convey our appreciation to Chairman Grassley and Senator
Baucus, as well. Second, we will discuss a few remaining high priority issues
for our members and ask that you consider initiating or supporting changes
when the bill reaches the Senate Floor.
UREAP supports the following provisions in 2005 PRIDE Act:
- A total of $6 billion in additional mandatory child care funding
over the next five years. We know how hard you have worked over the
years to attain progress towards much needed child care funding and we were
very pleased to learn that this additional funding has been found! We imagine
it may take effort to ensure that none of this money is lost on the Floor
or in conference, and we offer our full support to help you prevent that
from occurring.
- $20 million annually in mandatory funding for state Responsible
Fatherhood demonstrations and $30 million annually for national demonstrations.
We encourage the Senate to ensure that this funding goes to programs
of proven effectiveness.
- Incorporation of the Smith-Jeffords proposal to allow people with
disabilities, including those with substance abuse problems, to have
their participation in rehabilitative services count beyond six months.
We understand that this extension requires concurrent, part-time
participation in work activities, but this provision is a welcome step in
a positive direction to assist this population.
- Refugee and humanitarian immigrant eligibility for Supplemental
Security Income (SSI) for two more years (to nine) after they enter the
United States.
- Flat funding for the basic TANF block grant. While the same
level of funding since 1997 amounts to annual reductions due to inflation,
we are well aware of budgetary constraints and other priorities that might
have resulted in out-right cuts.
- Programs to reduce rules that act as disincentives to two-parent
families in means-tested assistance programs are eligible to compete
for funding appropriated for Promotion of Family Formation and Healthy
Marriage. You will recall that UREAP raised this issue in 2002 and
requested your help to provide a mechanism to address this problem. We are
pleased to see it in this year's PRIDE Act and thank you for your work to
that end.
- Marriage Promotion funding applicants must consult with domestic
violence organizations and ensure that their programs include specific
safeguards against increasing the risk of victims.
- Extended funding for Supplemental Grants. As you know, as a
high growth state, Utah receives and relies on funding from this provision.
- A set of tribal improvement grants are established and funding
appropriated to help Indian Tribes operating their own TANF programs to
strengthen infrastructure, receive technical assistance, and build
reservation economies and Tribes are made eligible for Employment Bonus
Achievement Awards and Contingency Fund denied them in the current law.
UREAP has worked with leaders in Utah's Indian community to correct a long
list of omissions and oversights in the 1996 welfare law with regard to Indian
Country. These changes are most welcome.
- Carryover TANF funds can be spent on any benefit or service authorized
under TANF law, not just on cash assistance.
- Families can be excluded from participation rate calculations during
their first month of enrollment.
- The Caseload Reduction Credit is replaced by an Employment Credit.
UREAP applauds a change that encourages states to help people get somewhere,
rather than to simply get them off welfare. This approach is vastly preferable
to the approach taken in the HR 240, the House bill to reauthorize the welfare
law. Providing partial and extra credit is appropriate.
- Seven new countable activities are added and the current nine activities
countable as "direct work" are maintained. UREAP considers expanding
countable activities as one of our highest priorities for welfare reform
reauthorization. This is particularly essential as state participation rates
increase. Utah is just one of many states that will have difficulty meeting
participation rates. We are concerned that a negative byproduct will be loss
of Utah's long-standing commitment to matching people's participation with
what will offer real help towards work preparation and child and family well-being.
However, adding important activities to the list of countable activities
is a positive step. We urge you and your colleagues to resist any attempt
to scale back the list as the bill is on the Floor or in conference. The
House action in this regard is destructive.
- Self-sufficiency plans are required for all families. As you
know, Utah has followed this practice for years, but even here, we expect
to see an improvement in the collection of valuable information and a better
understanding of what services and supports may be available to, and needed
by, families. We thank you again for your efforts since 2002 to ensure that
child well-being is a focal point.
- A "transitional compliance" provision for teen parents. Utah
has worked with a large group of other organizations to provide a better
approach to helping teen parents get connected to supports and come into
compliance with education or training and living arrangement requirements
in the law.
- The State Maintenance of Effort requirement in the current law
is maintained.
- Penalty Relief is provided to states making a good faith effort
to comply with rising participation rates. It is our experience with
the Utah Department of Workforce Services that everyone works hard to serve
families and comply with congressional requirements. Withdrawing funding
for punitive reasons simply puts states farther behind in their efforts and
appears to us to doom them to perpetual failure.
- The definition of "assistance" is modified to exclude child
care and transportation assistance.
- $25 million annually is authorized for grants for low-income car
ownership. We commend the Senate Finance Committee on understanding
that real help is needed to address the enormous barriers presented by unreliable
and, in rural areas, non-existent transportation options.
- $200 million annually is authorized for Business Links (to improve
wages by improving job skills) and Transitional Jobs (combining subsidized,
time-limited, wage-paying supported work in the public or nonprofit sectors
with skills development and barrier removal activities) programs.
We look to this provision to put in motion some important, creative resources
to help people become more employable.
- Vastly improved child support provisions are included in the bill.
Among other provisions, UREAP supports changes in the assignment
of child support rights and rules relating to pre-assistance arrearages that
ensure that more of the child support collected goes to children. Increased
child support collection mechanisms are also welcome.
- The 2005 PRIDE bill does not follow the lead of the House bill
in requiring full-family sanctions. Utah and other states should
have the ability to determine how they work with individual families with
participation problems. Utah-specific research has shown that hard work
is needed by both the administering agency and families to resolve some
kinds of difficulty. The House approach would force Utah to act against
everything it has learned about troubled families confronting participation
barriers.
- Likewise, the PRIDE bill does not allow states to propose sweeping,
cross-program Superwaivers. We know there is pressure for this type
of mechanism that shifts regulatory power even farther into the Administrative
branch and reduces accountability, but we urge you and your fellow Senators
to resist such measures.
We turn now to some issues we ask you to consider as the bill progresses
towards the Senate Floor.
- We support increasing countable months of education and training
from 12 to 24 months. Current law allows 12 months of vocational education
and training to be counted for purposes of work requirements, half of
what Utah law allows. As we understand it, the PRIDE bill adds another
3 months in every 24 under some circumstances, as well as a component
entitled "Parents As Scholars." UREAP supports three additional months
and PAS, in concept, but we do not believe these changes will serve Utah's
needs for an extension of countable months of education and training from
12 to 24 months. We hope that you will support, or even sponsor, action
to amend the bill to that effect. Our reasons are as follows: 1)
An extension in the number of countable months of education and training
from 12 in the current law to 24 would directly mirror what has been
in Utah statute since 1996 . The Department of Workforce Services
is strongly supportive of a 24 month provision in federal law. With increases
in participation rates on the horizon and rising caseloads, future policy
and practice will need to ensure that parents are engaged almost exclusively
in countable activities. Without this amendment, DWS will need to deny
parents' requests for training that will take longer than 12 months,
even though the Utah statute allows it. 2) The Utah Legislature has
historically resisted facilitating post-secondary education for welfare
recipients and is therefore unlikely to adopt the option for a "Parents
as Scholars" type of program. On the other hand, as noted just above,
vocational education and training have been supported. 3) Even if
a Parents as Scholars program were adopted, the 10 percent cap on participants
in longer term training would force a restriction on our current, positive
practices. As we have noted earlier, 24 months of vocational education
and training for jobs in demand has been a focus in Utah and has brought
good results, particularly for placing people in health-related fields.
- We support less restrictive language pertinent to counting caretaking
as a work activity for TANF parents with a child or other dependent with
a disability. Under the PRIDE bill, parents caring for a child or dependent
with a physical or mental impairment can be counted as engaging in work
activities if the state determines that substantial continuous care is
needed only if the parent is deemed the "only reasonable provider of
that care" We urge you to confer with members of your Advisory Committee
in Utah to obtain their feedback and counsel on this provision before it
becomes law.
- We support even greater efforts to address the overwhelming challenges
facing TANF parents living in Indian Country in highly constricted job markets.
As written in the PRIDE Act, months on assistance will be disregarded
for adults living in Indian country with a jobless rate of 40 percent,
instead of 50 percent in the current law. However, finding a job with
a 40 percent unemployment rate is still extremely difficult. Moreover, the
bill does not in any way address the problem on "checkerboard" reservations
like Utah's Uintah-Ouray Reservation, where reservation boundaries, and
therefore unemployment rate computations, encompass the entire resident population,
despite clear evidence that Indians suffer far greater joblessness than their
non-Indian neighbors.
- We support the addition of a provision to allow states to extend
basic assistance to vulnerable legal immigrant populations. Utah
has continued to provide financial and employment assistance to legal
immigrants after 1996 by using all state dollars. This has been
done for a number of reasons, one of which is a belief that leaving
immigrant families out when they need help will only cost our society
more in the long term. There is a great human potential to be realized
to the extent that all of our residents are able to meet their
basic needs and become productive. We believe a positive change to
the 1996 Welfare Reform Law would be to allow states to expend TANF
dollars to provide assistance to legal immigrants, making it possible
for Utah to devote more of its MOE dollars to other needed services.
We support changes to the Supplemental Security Income (SSI) law that
would extend the number of years elderly legal immigrants may be eligible
beyond five in the law. We also favor allowing state options to expend
SCHIP and Medicaid monies on children and pregnant legal immigrants.
You have opposed the latter provision in the past, but we ask you to reconsider.
- We support an amendment that would allow states to use Family
promotion funding for programs that include efforts to reduce the
economic stress on families. We favor legislative encouragement
of healthy marriages, support for teen pregnancy prevention efforts,
and approaches that acknowledge the difficult reality of harmful
marriages--including those involving domestic violence. The
PRIDE bill shows encouraging sensitivity to these issues. However,
research shows that economic stress is a frequent source of marital
discord. We believe that states should be allowed to expend family
promotion funding in ways that alleviate family poverty or help families
meet basic needs.
- We believe that increasing hours of participation beyond the current
law is counterproductive and harmful to children and ask you to consider
working to maintain the provision in current law. UREAP has consistently
asserted that increasing the hours that TANF parents must engage in work
activities each week to count towards state participation rates is counterproductive
and may well act against the well-being of children in a variety of ways.
The 1996 law set this at 30 hours. We are alarmed at the persistent efforts
of the Bush Administration and in the House to increase hours to 40 and,
although 34 hours, as specified in the PRIDE bill, is certainly a preferable
number, we will again urge that required hours be left as in the current
law. In February 10, 2005 testimony before the Subcommittee on Human Resources
of the Committee on Ways and Means, Ron Haskins of the Brookings Institution
and formerly staff to both that Committee and the Bush Administration took
that same approach. He counseled that increasing hours beyond the current
law, a highly controversial effort that makes agreement on welfare reform
reauthorization legislation among both parties and Chambers difficult,
is unlikely to have a positive effect and will substantially increase state
costs. We urge the Senate to send a clear message against higher required
hours provisions than the PRIDE bill.
- We are greatly concerned to see a trend in legislation in both
the House and the Senate that forces states to push TANF parents into activities
that are "countable," rather than those that make sense for individual families.
By raising state participation rates and increasing hours of participation,
states must put the needs of families behind avoiding sanctions. The House
bill promises much more harm in this regard than the PRIDE bill, but even
so, for example, if, as in PRIDE, "qualified" activities can count for only
three months in any 24-month period and only after the parent has satisfied
the "direct work" hourly requirement, vulnerable families with hope of recovery
from barriers through effective intervention will be lost. We urge consideration
of some type of case-by-case flexibility, at least.
- We appreciate an increase in funding for the Social Services Block
Grant, but ask your support for full restoration. The PRIDE bill adds
$1 billion for the Social Services Block Grant over the next five years.
However, this increase provides only $300,000 per year in additional
funding. $1.5 billion per year is needed to restore previous cuts.
We appreciate your time to consider these points and our requests and
will be happy to provide further information you may find helpful.
Sincerely,
Shirley Weathers and Bill Walsh, Staff
for Utah Reauthorization Project members:
Active Re-Entry, Price, (Southeastern Utah)
Box Elder Family Support Center, Brigham City, (Box
Elder County)
Bringing Hope to Single Moms, Logan, (Cache and Box
Elder Counties)
Community Action Services, Provo, (Utah, Wasatch, and
Summit Counties)
Disabled Rights Action Committee (DRAC), Salt Lake City,
(Salt Lake County)
Family Support & Children's Justice Center, Price,
(Carbon County)
Housing Authority of Salt Lake City, Salt Lake City, (Salt
Lake City)
International Rescue Committee, Salt Lake City, (statewide)
JEDI for Women, Salt Lake City, (statewide)
League of Women Voters of Salt Lake, Salt Lake City,
(Salt Lake County)
Legislative Coalition for People with Disabilities,
Salt Lake City, (statewide)
Mental Health Association in Utah, Salt Lake City, (statewide)
Multiple Sclerosis Society, Salt Lake City, (statewide)
New Hope Refugee and Multicultural Center, Salt Lake City,
(Salt Lake City)
Options for Independence, Logan, (Northern Utah)
Peace & Justice Commission, Catholic Diocese of
Salt Lake, Salt Lake City, (statewide)
People Helping People, Salt Lake City, (Salt Lake County)
Salt Lake Community Action Program (SLCAP), Salt Lake
City, (Salt Lake and Tooele Counties)
Tri-County Independent Living Center, Ogden (Weber,
Davis, and Morgan Counties)
United Way Executive Directors Association (UWEDA),
SLC, (Salt Lake County)
Utah Children, Salt Lake City, (statewide)
Utah Community Action Program Association (UCAPA), (statewide)
Utah Issues, Salt Lake City, (statewide)
Utahns Against Hunger, Salt Lake City, (statewide)
Ute Tribe Social Services, Ft. Duchesne
Valley Mental Health, Salt Lake City, (Salt Lake and Tooele
Counties)
Walsh & Weathers Research and Policy Studies, Fruitland
Your Community Connection, Ogden, (Weber County)