Super-Waiver Update! (April 19, 2002)

by Kay Guinane, 4/19/2002

A legislative provision with far-reaching effects that should be of concern to all nonprofits has passed two House subcommittees in the TANF welfare reauthorization bill.

Revised Super-Waiver Provisions ? As of 4/19/02

As the TANF reauthorization bills have moved through the Education and the Workforce Subcommittee and the House Ways and Means Subcommittee, the ?super-waiver? provisions have undergone several changes. See April 15th OMB Watcher article for an overview of the proposed legislation.

The version, sponsored by Rep. McKeon (R-CA) that was passed in the Education and the Workforce subcommittee yesterday limits application of the "super-waiver" to the following 4 program areas:


  • Sec. 505 of the Family Support Act of 1988 (Job Opportunities for Low-Income Individuals (JOLI) program)
  • Wagner-Peyser Act (Employment Service public employment offices, a part of the ?One-Stop? workforce development services delivery system)
  • State-administered programs under the Adult Education and Family Literacy Act
  • Child Care and Development Block Grant Act of 1990

The full bill is online.

A related piece of legislation, Rep. Wally Herger?s (R-CA) H.R. 4090, was passed by the House Ways and Means Subcommittee yesterday. To be best of our information right now, the programs to which the super-waiver provision would apply include:

  • Unemployment Insurance Program (Title III of Social Security Act) TANF and Child Support (Title IV of the Social Security Act, Parts A and D)
  • Block Grants to States for Social Services (Title XX of Social Security Act)

H.R. 4090 is available online.

Both bills also prevent granting of waivers that would violate civil rights, program purposes or goals, maintenance of effort, health or safety, environmental protection or labor standards provisions.

Though the scope of the super-waiver has narrowed, there are serious concerns that the provisions may be extended in full Committee and floor debates. We will continue to follow this legislation.