I 
112TH CONGRESS 
2D SESSION 
H. R. 6140 
To prohibit waivers relating to compliance with the work requirements for 
the program of block grants to States for temporary assistance for 
needy families, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 18, 2012 
Mr. CAMP (for himself, Mr. KLINE, and Mr. JORDAN) introduced the following 
bill; which was referred to the Committee on Ways and Means, and in 
addition to the Committee on Education and the Workforce, for a period 
to be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
A BILL 
To prohibit waivers relating to compliance with the work 
requirements for the program of block grants to States 
for temporary assistance for needy families, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Preserving Work Re-
quirements for Welfare Programs Act of 2012’’. 
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SEC. 2. FINDINGS. 
Congress finds the following: 
(1) The bipartisan 1996 welfare reforms suc-
ceeded as a result of their pro-work focus, as dem-
onstrated by the following: 
(A) Research has shown that 65 percent of 
families receiving welfare through the former 
Aid to Families with Dependent Children 
(AFDC) program, which lacked effective work 
requirements and was replaced by the 1996 
welfare reform law (P.L. 104–193), remained 
on welfare for 8 or more years, and the average 
lifetime receipt of welfare for families then re-
ceiving benefits was 13 years. 
(B) The 1996 welfare reform law replaced 
the failed AFDC program with the Temporary 
Assistance for Needy Families (TANF) block 
grant program, which made promoting work a 
central focus of each State’s efforts to assist 
low-income parents in achieving self-sufficiency. 
(C) The 1996 welfare reforms resulted 
in— 
(i) significant increases in the employ-
ment and earnings of single mothers; 
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(ii) record declines in welfare depend-
ency as TANF rolls fell by more than 57 
percent; and 
(iii) significant reductions in child 
poverty in female-headed households, which 
even after the impact of a deep recession 
are still below pre-reform levels. 
(2) The authors of the 1996 welfare reforms 
did not intend for States to be able to ‘‘waive’’ this 
pro-work focus, as indicated by the following: 
(A) In the 1996 welfare reform law, Con-
gress created specific new work requirements 
for welfare recipients. 
(B) In the 1996 welfare reform law, Con-
gress allowed States some limited waiver au-
thority over only TANF State plan require-
ments which require the State to describe how 
they intend to carry out various TANF pro-
gram requirements. 
(C) In section 1115 of the Social Security 
Act, Congress specifically did not authorize 
States to seek, or the Secretary of Health and 
Human Services to award, waivers involving 
TANF work requirements. In section 415 of 
the Social Security Act, Congress specified that 
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any waivers subsequently approved could not 
waive features of those work requirements. 
(D) In a Congressional summary published 
immediately after enactment of the 1996 re-
forms, the authors of the 1996 welfare reform 
law summarized its intended treatment of waiv-
ers as follows: ‘‘Waivers granted after the date 
of enactment may not override provisions of the 
TANF law that concern mandatory work re-
quirements.’’. 
(3) The recent Department of Health and 
Human Services Information Memorandum dated 
July 12, 2012, suggesting States may waive this 
pro-work focus should be immediately withdrawn by 
the Obama Administration, or repealed through this 
legislation, for the following reasons: 
(A) In the 16 years since enactment of the 
1996 welfare reforms, no previous Secretary of 
Health and Human Services has ever asserted 
that he or she has authority to grant waivers 
involving TANF work requirements. 
(B) Despite this fact, and without any 
prior Obama Administration legislative proposal 
or consultation with Congress, on July 12, 
2012, the Department of Health and Human 
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Services unilaterally determined that the Sec-
retary could permit States to waive statutory 
work requirements for welfare recipients. 
(C) The Secretary should repeal the July 
12, 2012 Information Memorandum and make 
it clear once again that States do not have au-
thority to seek, and the Secretary does not have 
the authority to grant, waivers of work require-
ments under the TANF program, consistent 
with longstanding interpretation of TANF law. 
SEC. 3. PROHIBITION ON TANF WAIVERS RELATING TO 
COMPLIANCE WITH THE TANF WORK RE-
QUIREMENTS. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, the Secretary of Health and Human Services 
may not do the following: 
(1) Finalize, implement, enforce, or otherwise 
take any action to give effect to the Information 
Memorandum dated July 12, 2012 (Transmittal No. 
TANF–ACF–IM–2012–03), or to any administrative 
action relating to the same subject matter set forth 
in the Information Memorandum or that reflects the 
same or similar policies as those set forth in the In-
formation Memorandum. 
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(2) Authorize, approve, renew, modify, or ex-
tend any experimental, pilot, or demonstration 
project under section 1115 of the Social Security 
Act (42 U.S.C. 1315) that waives compliance with 
a requirement of section 407 of such Act (42 U.S.C. 
607) through a waiver of section 402 of such Act 
(42 U.S.C. 602) or that provides authority for an 
expenditure which would not otherwise be an allow-
able use of funds under a State program funded 
under part A of title IV of such Act (42 U.S.C. 601 
et seq.) with respect to compliance with the work re-
quirements in section 407 of such Act to be re-
garded as an allowable use of funds under that pro-
gram for any period. 
(b) RESCISSION OF WAIVERS.—Any waiver relating 
to the subject matter set forth in the Information Memo-
randum or described in subsection (a)(2) that is granted 
before the date of the enactment of this Act is hereby re-
scinded and shall be null and void. 
Æ 
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