Tuesday, September 25, 2012
Authority of the Secretary of HHS to Approve Certain TANF Demonstration Programs Pursuant to Section 1115 of the Social Security Act
To: Honorable Sander M. Levin
From: Kathleen S. Swendiman
This responds to your request for a legal analysis of the authority of the Secretary of Health and Human Services (HHS) to approve certain Temporary Assistance to Needy Families (TANF) demonstration programs pursuant to Section 1115 of the Social Security Act1 (Section 1115). Specifically you have inquired whether the Secretary has the authority to waive the requirements of Section 407 of the Social Security Act2 relating to work activities, as proposed in the Secretary’s July 12th Information Memorandum to the states.3 You have also asked if Section 415 of the Social Security Act4 poses a bar to the Secretary’s ability to waive the provisions of Section 407.
Date of Report: September 4, 2012
Number of Pages: 13
Order Number: M-090412
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