H.R. 8872

Preventing Waste, Fraud, and Abuse in TANF Act

Sponsor: Mike Carey · 8 cosponsors

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Official summary

Written by the Congressional Research Service.

Preventing Waste, Fraud, and Abuse in TANF Act

This bill limits how and when states may use Temporary Assistance for Needy Families (TANF) funds and establishes an eligibility threshold for all TANF-funded assistance and services.

Currently, each state sets its own eligibility threshold for TANF-funded cash assistance. The bill establishes an upper limit on eligibility applicable to all assistance and services (including non-cash benefits) funded by TANF family assistance grants. Under this provision, only families with income under 200% of the federal poverty guidelines may receive TANF-funded assistance and services.

Further, the bill generally requires states to obligate TANF funds by the end of the fiscal year after they are paid and to spend funds by the end of the second fiscal year after they are paid. However, states may reserve a specified portion of their TANF funds for future use. (There is currently no requirement to use TANF funds within a specified period.)

The bill also explicitly requires states to use federal TANF funds to supplement, not replace, state and local funding for TANF-supported programs. (Current law requires states to spend a specified minimum amount on TANF-eligible activities and populations, known as the maintenance of effort requirement.)

States must also take specified steps to track and report on improper payments of federal funds (e.g., overpayments, underpayments, payments to ineligible recipients). Within one year of enactment, HHS must submit to Congress a plan to reduce or eliminate improper payments made by states under the TANF program within 10 years.

Text of the bill

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Sec. 5. Prohibition on State diversion of Federal funds to replace State spending Since introduced

(a) In general. Section 404 of the Social Security Act (42 U.S.C. 604) is further amended by adding at the end the following:

Text this section adds to the law

(n) Limitation on use of Federal funds to replace State general revenue funds. A State shall use Federal funds received under this part only to supplement funds that, in the absence of the Federal funds, would be made available from State and local sources for programs assisted under this part, and not to supplant the funds.

(b) State certification. Section 402(a) of such Act (42 U.S.C. 602(a)) is amended by adding at the end the following:

Text this section adds to the law

(9) Certification of State supplementation. A certification by the chief executive officer of the State that the funds provided to the State under this part will not be used to supplant State or non-Federal funds for services and activities that promote the purposes of this part.