On September 13, the House Education and the Workforce and Ways and Means Committees separately approved a resolution (H. J. Res. 118) disapproving of the Department of Health and Human Services (HHS) rule regarding work requirements under the Temporary Assistance for Needy Families (TANF) program.
According to the rule issued on July 12, the secretary of HHS would exercise her authority to waive section 402 of the Social Security Act (42 USC 602) to allow states to “test alternative and innovative employment outcomes for needy families.” Section 402 requires that state plans for the TANF work requirement “[e]nsure that parents and caretakers receiving assistance under the program engage in work activities in accordance with section 407,” which details the TANF work participation requirements. However, the rule notes that “HHS will only consider approving waivers relating to the work participation requirements that make changes intended to lead to more effective means of meeting the work goals of TANF.”
The resolution expresses Congress’ disapproval of the HHS rule and indicates that the rule “shall have no force or effect.” The Education and the Workforce Committee approved H. J. Res. 118 by a vote of 22-16, while the Ways and Means Committee approved the measure, 18-14.
Speaking on behalf of the resolution, Education and the Workforce Chair John Kline (R-MN) said, “Despite the broad success of welfare reform and its continued support across party lines, we are here today to defend the law against an unprecedented attack by the Obama administration. On July 12, the Department of Health and Human Services issued a rule that invites states to seek a waiver of the law’s work requirements. The American public has heard a lot of false rhetoric in support of this executive overreach…We’ve been told the secretary of HHS has the authority to grant waivers of the work requirements. Not true. The law provides the secretary limited and explicit waiver authority. Nowhere does it empower the secretary to waive federal work requirements. A summary of the law prepared by the Ways and Means Committee in November 1996 states clearly that any waiver approved after the date of enactment was not to include welfare’s work requirements.”
“Fact-checker upon fact-checker has publicly discredited the absurd attempt to characterize the waiver as going soft on work requirements,” said Ranking Member George Miller (D-CA). He continued, “As former President Bill Clinton stated this week on other absurd claims – this is an old dog, a mangy old dog and despite the Republicans’ persistent efforts, it just won’t hunt. This disapproval resolution would stop the administration’s effort to increase state flexibility, reduce paperwork, and increase employment through a waiver authority Congress gave the executive branch over 20 years ago – authority that Republicans have supported time and time again. In 2005, 29 Republican governors – including Governor [Mitt] Romney – wrote a letter urging adoption of a waiver authority for TANF much broader than what is being exercised by HHS. So broad in fact, that welfare time limits could be waived – a policy expressly not allowed under this waiver.”
