Waivers Related to the Temporary Assistance for Needy Families Block Grant Page: 3 of 7
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continue these until their expiration, the last of which expired in 2007.10 No provision in law
allowed these AFDC waivers to be extended.
Based on our discussions with HHS officials and our review of HHS documents, we did not
find any evidence that HHS stated that it has the authority to issue waivers related to TANF
work requirements, before the July 12, 2012, Information Memorandum. However, in an
HHS document prepared in 2008 on program flexibilities available during times of disaster,
HHS stated that section 1115 allows for waivers of state plan requirements in several
programs, including TANF. HHS also said that section 1115 waivers are not disaster specific
and are better for long-term situations due to approval time.
2. Have any states requested waivers of TANF work requirements or any other
provision of TANF since 1996?
In the 16 years since TANF was created, several states have expressed interest in TANF
waivers.
Specifically, from 2000 through 2009, evidence shows that five states asked HHS about the
availability of waivers under TANF. Generally, states were not asking for waivers to test new
approaches through experimental, pilot, or demonstration projects, which would be
necessary in order to get a waiver under section 1115; instead, they were asking to be
excused from specific requirements.11
* Two states sent letters to HHS requesting waivers of various federal TANF requirements
to address unanticipated circumstances each faced. First, in 2001, a state asked HHS
about various waivers due to the emergency situation caused by the terrorist attacks.
The state was concerned about meeting TANF requirements related to, for example, the
use of funds, data reporting, cost allocation, and work participation. Second, in 2004, a
state asked HHS about various waivers after its legislature provided a portion of the
state's federal TANF block grant to two tribes operating their own TANF cash assistance
programs. In both cases, states thought that the unanticipated circumstances could
result in their noncompliance with certain federal TANF requirements. The Assistant
Secretary for Children and Families responded to each state that he did not have
authority to provide waivers. He did, however, offer to work with the states to address
their concerns through other flexibilities allowed under the law.
* Three other states asked HHS more informally through email about waivers of particular
TANF provisions. Specifically, states asked about waivers related to the limit on the
maximum percentage of TANF families participating in vocational education that count
toward a state's work participation rate, the use of TANF funds for purposes other than
the four purposes prescribed in federal law, and the eligibility of certain populations for
TANF cash assistance. To each of these states, HHS TANF program staff generally
responded that the requested waiver authority was not available.
In addition to responding directly to individual states about waiver issues, HHS discussed
these issues when it provided general information to help answer states' questions about
TANF under disaster conditions. Two TANF policy documents issued by HHS in 2005 and
10 The Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA), which created TANF,
allowed states to continue these waivers until their expiration.
11 Two states also asked HHS in 2003 if it would extend waivers that had been approved under AFDC. However,
HHS Secretary Thompson indicated in his responses to these states that there was no provision of law that
would permit HHS to extend such waivers.GAO-12-1028R TANF Waivers
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United States. Government Accountability Office. Waivers Related to the Temporary Assistance for Needy Families Block Grant, text, September 19, 2012; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc297586/m1/3/: accessed April 19, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.