On June 16, 1998, Representatives Christopher Smith (R-NJ) and Donald Payne (D-NJ) introduced legislation to effectively stop states from implementing family cap policies. The bill (H.R. 4066) would deny federal Temporary Assistance for Needy Families (TANF) funds to any state which has or plans to institute a family cap. Under the 1996 Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA), states were given the option to implement the policy, which denies benefits to children born into families receiving welfare. To date, 23 states have exercised that option. They include: Arizona, Arkansas, California, Connecticut, Delaware, Florida, Georgia, Idaho, Illinois, Indiana, Maryland, Massachusetts, Mississippi, Nebraska, New Jersey, North Carolina, North Dakota, Oklahoma, South Carolina, Tennessee, Virginia, Wisconsin, and Wyoming.
H.R. 4066 was introduced following a $1 million study of the cap in New Jersey by Rutgers University. The Rutgers study linked the family cap provision with an increase in the abortion rate. While the rest of the country showed a decline in the rate of abortions, New Jersey’s rate went up by approximately 240 per year. As a result, since 1993, nearly 900 abortions have occurred in New Jersey due to the family cap. The report highlighted the terrible struggles women faced because of the family cap, some having unwanted abortions because of the lack of resources to care for another child, others trying to make their meager resources stretch to care for their new baby along with the rest of their families.
| Lead Sponsors | Co-Sponsors |
| Christopher Smith (R-NJ) Donald Payne (D-NJ) |
Bob Filner (D-CA) Tony Hall (D-OH) Mike Pappas (R-NJ) Frank Pallone (D-NJ) Edolphus Towns (D-NY) Sheila Jackson Lee (D-TX) |
CONTACT HOUSE MEMBERS: URGE COSPONSORSHIP!
Worth Noting: If not for the effectiveness of our collective advocacy during consideration of (PRWORA), ALL 50 STATES would now have family caps. You may recall that the original welfare proposal made the cap mandatory. Now we have an opportunity to finish the job!
By Letter. Sample letter below
(Feel free to modify as you see fit).
For all Representatives: The Honorable (first name, last name), U.S. House of
Representatives, Washington, DC 20515.
- All House Members can be reached through the Capitol switchboard: 202-225-3121.
- Direct line numbers can be accessed via NASW’s website: www.socialworkers.org.
- When you call, ask to speak to the staff person handling welfare issues. If staff is unavailable, leave a message on voice mail or with the receptionist.
- The House recess is scheduled for August 10-September 8.
- Call your Member’s district or Washington office to schedule meetings (ask for the scheduler) or attend open forums in which you can ask for support for repeal of the family cap.
Date
The Honorable (first name, last name)
U.S. House of Representatives
Washington, DC 20515Dear Representative (last name):
As a professional social worker (or On behalf of the (number) members of the (state) Chapter of the National Association of Social Workers),
I urge you to cosponsor legislation that would effectively stop states from implementing "family cap" policies. Under the 1996 Personal Responsibility and Work Opportunity Reconciliation Act, states were given the option to implement the policy, which denies benefits to children born into families receiving welfare. To date, nearly half the states have exercised that option.
Representatives Christopher Smith (R-NJ) and Donald Payne (D-NJ) have introduced legislation, H.R. 4066, that would deny Temporary Assistance for Needy Families (TANF) funds to states with family cap policies. The bill was introduced following a $1 million study of the cap in New Jersey by Rutgers University that found that the policy increased abortion rates among welfare recipients in the state. According to Rep. Smith, "When you take away the incremental assistance for a new baby, one of two things will happen: the woman will have an abortion, or the family will descend further into poverty."
Therefore, supporters of H.R. 4066 include those who oppose abortion, oppose pushing families into deeper poverty, support a woman’s right to make reproductive choices and/or support economic justice. Many conveniently ignore the fact that the federal government provides financial assistance for children born to the majority of families through deductions in the tax code. Under a family cap, new parents on welfare who have no tax liability are denied such assistance.
It is time to recognize that the family cap experiment has failed. I look forward to your support of H.R. 4066.
Sincerely,
I am a professional social worker and (or On behalf of the (number) members of the (state) Chapter of the National Association of Social Workers),
I am calling to urge Representative (last name) to cosponsor legislation that would effectively stop states from implementing "family cap" policies. Representatives Christopher Smith (R-NJ) and Donald Payne (D-NJ) have introduced a bill, H.R. 4066, that would deny Temporary Assistance for Needy Families (TANF) funds to states with family cap policies. A study by Rutgers University found that the family cap policy increased abortion rates among welfare recipients in New Jersey and forced other families, who did not abort their children, into deeper poverty. H.R. 4066 would put an end to a failed policy. I look forward to Rep. (last name’s) support.
The additional assistance per child varies from state to state, but the median is $57 per month. Out of this the mother must pay for the child’s clothing, shoes, diapers and other baby supplies, laundry, and bus fare for medical checkups. According to statistics compiled by Catholic Charities in 1994, the low-end costs for these items total $88.50 per month. So the mother is $31.50 in the hole even before she begins paying for the child’s other expenses.
Research has proven that proper care, stimulation and nutrition are critical for the successful development of children from birth to age three. A family cap prevents children born into poverty from receiving the care desperately needed at such a young age.
According to the Alan Guttmacher Institute, the majority of pregnancies among poor women are unplanned and most mothers on welfare have small families – an average of 2.6 children in 1993.
The family cap has no effect on conception. It does, however, affect a woman’s decision whether to give birth or to have an abortion.
Under the family cap, there was a six percent increase in the quarterly abortion rate from 1991 to 1996 among women in New Jersey receiving welfare. At the same time, the quarterly abortion rate among the general population in New Jersey fell 24.4 percent.
The family cap has added 240 abortions a year over the number of abortions that would have been expected without the family cap.
The family cap disproportionately affects African-American women receiving welfare. The abortion rate of African-American women has increased at a greater rate than the rate of non-African-American women.
From September 1993-December 1996, nearly 19,000 children in New Jersey were denied benefits because of the family cap. As of December 1997, the number of children born under the family cap and denied benefits was 25,668.
The percentage of welfare cases with children not receiving assistance because of the family cap rose steadily from zero percent in September 1993 to 12 percent in December 1996.
African-Americans receiving welfare were more likely than non-African-Americans to have children denied welfare assistance because of the family cap.