Should Congress implement stricter guidelines on TANF eligibility and spending?

Awaiting Vote
Bill Summary

H.R. 8872 requires that the Secretary of Health and Human Services monitor improper Temporary Assistance for Needy Families (TANF) spending and submit a 10-year plan to eliminate these. The bill requires TANF to be applied only to families with income below twice the periodically updated poverty level. The bill also specifies the timeline for states to spend their TANF funds and limits the amounts they may hold in reserve. Additionally, states are prohibited from using TANF federal funds to substitute for their state general revenue funds. Sponsor: Rep. Mike Carey (Republican, Ohio, District 15)
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Opponents say

    "Democrats want TANF to be accountable to taxpayers. But far from doing that, this bill would hand President Trump yet another weapon in his revenge tour against Democratic governors. For example, earlier this year, the Department of Health and Human Services abruptly froze $10 billion in critical social services funding to five states, including my home state of Illinois. And Illinois and the other states took court action to prevent irreparable harm. This bill would not result in a single fraud prosecution or payment recovery, but it would give HHS new power to measure error rates for state tariff programs, which could in turn be used to freeze funding, level financial penalties, or force states to hand over confidential personal information about benefit beneficiaries that is otherwise protected by law." Source: Rep. Daniel Davis (Democrat, Illinois, District 7)


    "This bill says that its goal is to prevent waste, fraud, and abuse, but all it really does is let President Trump continue to use his position to punish blue states for his own political agenda. Section two of this bill would substantially increase HHS's authority to freeze or remove funds from states like California and Minnesota who have been unfairly targeted again and again and again by this administration. When President Trump illegally froze $10 billion worth of childcare and TANF money to California, it was stopped by the courts as being illegal. This bill would make it easier for President Trump to baselessly stop payments to states who disagree with him, and it does so under the guise of caring about fraud." Source: Rep. Linda Sanchez (Democrat, California, District 38)


    "Congress should spend less time promising to eliminate ‘waste, fraud and abuse’ and more time focusing on the payment errors agencies already estimate, categorize and report. Improper payments are not a perfect measure, and they should not be treated as the same thing as fraud or guaranteed savings. But they offer a better starting point than the usual catchphrase. They are measurable, concentrated in a small number of programs and often tied to a failure to use information that already exists. That makes improper payments a more useful target for oversight than a phrase that is politically useful precisely because it can mean almost anything." Source: Mercatus Center, George Mason University

Proponents say

•      "Washington’s abject failure to protect tax dollars has resulted in an unprecedented scale of fraud that threatens not only the sustainability of our safety net programs, but also the future economic viability of our nation. This problem is strikingly clear in the Temporary Assistance for Needy Families (TANF) program, where federal funds are administered by state governments with no federal oversight, leaving billions of dollars in taxpayer funding vulnerable to fraud and improper payments every year. That’s why I introduced the Eliminating Fraud and Improper Payments in TANF Act, which I was proud to see included in the legislative package to reform TANF that was advanced by the Ways and Means Committee. This critical legislation will provide much-needed oversight of the TANF program and ensure that the federal government is fulfilling its responsibility to safeguard American tax dollars." Source: Rep. Jodey Arrington (Republican, Texas, District 19)


•      "This legislation goes further than simply cracking down on payment errors. Commonsense guardrails ensure TANF funds reach families in need rather than being diverted through budgetary gimmicks or left sitting unused for years. The bill’s clearly defined eligibility cap at 200% of the federal poverty line addresses loopholes states can use to divert funds to unrelated programs. Furthermore, this bill prevents states from using TANF as a federal slush fund by prohibiting federal dollars from supplanting their own spending. Finally, the bill ensures resources are deployed efficiently by limiting the accumulation of unspent reserves." Source: National Taxpayers Union


•      "The GAO recommended that the Department of Health and Human Services (HHS)—which oversees TANF—creates more stringent controls to track the money being spent. However, “HHS has indicated its oversight of states’ use of TANF funds is constrained by its limited statutory authority. … current law limits what information HHS can collect from states. H.R. 8872 helps solve this problem by requiring states to comply with federal payment-integrity rules similar to those currently imposed on federal agencies. The legislation also limits how states can spend TANF money by requiring that assistance only go to families earning less than 200 percent of the federal poverty level. In addition, states would have to use TANF funds more quickly: obligating funds within one fiscal year and spending them within two years, while only allowing a limited reserve of unused funds. The legislation also tries to prevent states from using federal TANF dollars to replace their own spending commitments. States would be required to certify that federal funds are supplementing—not supplanting—state or local expenditures. In practice, this would constrain states’ flexibility to shift TANF funds into broader (and often wasteful) budget priorities and would push states to maintain more of their own welfare-related spending. The bill further directs HHS to develop a long-term strategy for reducing improper TANF payments nationwide." Source: Taxpayers Protection Alliance