[NLA] Discussion: HR 4092 ("super waiver") Update

[David J. Rosen]

NLA Colleagues,

Robert Weng, thanks for posting this update on the "super waiver" bill.

If I understand HR 4092 correctly, it would allow state policymakers to
shift funds away from programs which serve people with family literacy,
ESOL, basic literacy and other basic education needs to serve only those
with employment-related needs.  It would also allow them to disregard
federal matching requirements, so they could reduce the state level of
effort. And it would "Permit a waiver of direct and equitable
provisions" which I think means that states could ignore federal
requirements to fund diversity of providers.

I am concerned about HR 4092.  Would someone on the NLA list (Garrett
Murphy, Jon Randall, Bob Bickerton or someone else who is up-to-date on
this) please provide an explanation for those who are not familiar with
HR 4092 on how it could impact state and local adult education
programs.  And, who, in the House, should be contacted about this -- the
action agenda wasn't attached to this message -- or it may have been
knocked off by a server along the way -- so perhaps just including it
within a message would provide us with this information.

David J. Rosen
NLA List Moderator

Robert A Weng wrote:

> I had the following information forwarded to me today.  It sounds as
> if urgent action is needed.
>
> URGENT!
> MEMORANDUM
> To: State Directors of Adult Education
> From: Roberta Pawloski, Legislative Chair
> Date: May 3, 2002
> Subject: SUPERWAIVER!!!!!!!!!!!!!!!
> HR4092 went to full Committee yesterday. Perkins managed to escape,
> but we are still part of this bill. The bill is part of the House
> legislation to re-authorize TANF. This bill contains a block grant and
> waiver provision that seriously threatens the integrity of adult
> education. Please have your legislative networks contact members of
> the House and designated members of the Senate. Instructions are
> attached.
>
> There have been several stages to the making of this legislation.
> The introduced version of this legislation allowed Governors to block
> grant nearly all DOL, Education and HHS programs.
>
> A second version, introduced by Representative McKeon, the Chairman of
> the 21st Century Competitiveness Subcommittee, reduced the scope of
> these programs, but included Adult Education as one of the programs
> that could be subject to damaging waivers and block grants.
>
> We understood that other education programs were to be added at full
> Committee mark-up, BUT THIS DID NOT HAPPEN, AND WE ARE STILL THE ONLY
> EDUCATION PROGRAM SUBJECT TO THE WAIVER PROVISIONS.
>
> Essentially the waiver provisions would give sweeping authority to
> cabinet secretaries to override Congressional funding decisions and
> eliminate Congressional standards and requirements for Federal
> programs. Under this proposal, cabinet secretaries could approve
> requests from Governors for statewide waivers of many different
> federal statutes and regulations in multiple federal programs. We have
> a number of specific concerns about the impact that this far-reaching
> proposal could have. It could:
>
> Cede authority for adult education to Governors in States where
> education is separate and not Subject to the Governor (We have been
> advised that in such instances the approval of the education agency
> would be required, but we have not seen this in bill language); set
> aside the State needs assessment and planning process and assigns
> funding priorities to the several statutory purposes of the Adult
> Education and Family Literacy Act that are not consistent with meeting
> assessed needs;
>
> Divert funds from adult education to other purposes: (Although
> purposes or goals of programs may not be waived, there is no
> requirement that the funds supporting any program purpose be
> proportional to the contribution of that program to the combined
> effort. Adult education could provide one half the funds to support a
> combined adult education /TANF effort and see a much lower percent
> actually support adult education activities).
>
> Allow States to waive accountability standards, supplement, not
> supplant, and matching provisions, and percentage limitations for such
> activities as administration, State leadership, and corrections.
>
> Allow States also to alter definitions of adult education, literacy,
> qualifying adults, eligible providers, eligible State agency for adult
> education and literacy, English literacy services, family literacy
> services, limited English proficiency, English literacy program and
> workplace literacy;
>
> Permit a waiver of direct and equitable provisions; and
> Require extensive re-negotiation of adjusted levels of performance for
> State incentive grant purposes if funds are diverted to other
> activities.
>
> The Administration’s welfare reform proposal increases participation
> rates from 50% to 70%.
> It also lengthens the workweek from 30 to 40 hours. The Administration
> proposes to level fund TANF and child-care. Clearly more money will be
> needed to support work activity for the additional 20% of the caseload
> (who will likely be less employable than the original 50%) and for
> child-care for both the new 20% and those of the initial 50% who must
> add 10 more hours to their work week.
>
> This waiver legislation would solve the problem by diverting other
> funding to TANF.
> WE MUST REMOVE ADULT EDUCATION FROM THIS WAIVER AUTHORITY! AN ACTION
> AGENDA IS ATTACHED.
> Brenda James
> Executive Assistant
> NAEPDC
> Hall of the States
> 444 North Capitol Street, NW
> Suite 422
> Washington, DC 2001
> Telephone: 202-624-5250
> Fax: 202-624-1497
> Email: brjames at naepdc.org <mailto:brjames at naepdc.org>
>
> Robert A. Weng
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