Mr. Speaker, I thank the gentleman from Oklahoma (Mr. Cole) for yielding me the customary 30 minutes, and I yield myself such time as I may consume. (Mr. McGOVERN asked and was given permission to…
Mr. Speaker, I thank the gentleman from Oklahoma (Mr. Cole) for yielding me the customary 30 minutes, and I yield myself such time as I may consume.
(Mr. McGOVERN asked and was given permission to revise and extend his remarks.)
First of all, Mr. Speaker, I would tell my colleagues that this is not a good rule. It is a closed rule, and there's no need for it.
This prevents Members of the House of both parties from coming to the floor with ideas or ways to amend this legislation. Because of the rule, they're prevented from doing so. I think that is an unfortunate fact. We should have deliberation on this House floor. Given the fact that we're not doing much of anything, we certainly have the time to deliberate, and I would hope that in the future that we would see more flexibility on the rules and less closed rules. So I urge my colleagues to vote against the rule because of that.
Mr. Speaker, once again the Republican majority in the House is proving that they never let facts get in the way of a good press release.
Today's bill takes a sensible, bipartisan piece of legislation and tacks on a partisan political ploy that was used in the last Congress to try to embarrass President Obama.
Instead of bringing a simple, clean extension of the Temporary Assistance for Needy Families program, the Republican majority is continuing a political attack from the last election. And like many of the other political attacks lobbed against President Obama in that campaign, this attack is simply untrue and destined for failure.
Over the last 2 years, members of the majority have charged that actions taken by the Department of Health and Human Services to improve the efficiency and effectiveness of the TANF program are an attempt to ``let people sit at home and collect welfare checks.''
Such charges have been declared false by numerous fact check organizations, including Factcheck.org, PolitiFact, and The Fact Checker at The Washington Post.
Furthermore, Ron Haskins, the former Republican staff director of the Ways and Means Human Resources Subcommittee and one of the chief architects of the 1996 welfare reform law, said the reforms similar to the ones being made by HHS are justified. And he added:
I do not think it ends welfare reform or strongly
undermines welfare reform. Each State has to say what they
will do and how that reform will either increase employment
or lead to better employment.
That's Ron Haskins, the former Republican staff director of the Ways and Means Human Resources Subcommittee.
Mr. Speaker, the merits of the changes implemented by HHS strengthen Federal efforts to move Americans from welfare to work. In allowing States the flexibility from rigid TANF requirements, the administration requires that any changes provide a more efficient or effective means to promote employment. In explaining the policy changes, HHS Secretary Sebelius stated:
Governors must commit that their proposals will move at
least 20 percent more people from welfare to work compared to
the State's past performance.
Under such requirements, it is impossible to assert that these changes will weaken the Federal efforts to move citizens from welfare to work. In fact, in looking at the actual rules even briefly, it is clear that these changes strengthen our Federal efforts by allowing for more effective and more efficient programs by giving them room to operate at the State level.
Mr. Speaker, it may be surprising to some watching today's proceedings that the majority disapproves of the administration's programmatic changes. The underlying principle of the changes is the belief that States should have flexibility to implement proven and effective methods for moving Americans from welfare to work.
Yet today, a Republican majority that often boasts of its commitment to States' rights now stands in fierce opposition to that very principle. They find themselves demanding that even when more effective methods for putting Americans to work are available, Federal standards dictated from Washington must rule the day.
And the real irony in their argument against the administration's action is that the request for flexibility came from a Governor, a Republican Governor. And it was not just a Republican Governor from a blue State like New Jersey or a purple State like Virginia. No, Mr. Speaker, the Governor of Utah--one of the reddest States in the Nation--is the one that has requested this waiver.
I've seen some interesting legislative jujitsu on this House floor. One day they're adhering to the Hastert rule, and the next day the Boehner rule applies. This Republican majority legislates by lurching from one issue to another issue trying to find something that works.
So I can't say that I'm surprised that they're declaring themselves against increasing work requirements for TANF recipients as requested by a Republican Governor. The only thing I can chalk it up to is politics. You'd think that at some point the Republican majority would rather legislate instead of fighting a political battle that was decided 4 months ago, a political battle that they lost badly. Sadly, that day is not today.
If this majority were truly serious about work and employment, about actually reducing the number of people on TANF, then we would be voting on a bill to repeal the sequester and we would be voting on a bill to save the 750,000 jobs that will be lost this year because of these arbitrary, mindless, senseless, and thoughtless cuts.
The reauthorization of TANF in and of itself is not controversial. We can move that bill on suspension. What appears to be controversial to this Republican leadership is putting people back to work. What appears to be controversial to this Republican leadership is saving our economy from the devastating sequester cuts. What appears to be controversial to this Republican leadership is responsible governing.
In contrast, Mr. Speaker, House Democrats have a plan that House Republicans block time after time after time to avoid sequester.
Congressman Van Hollen has a balanced sequester replacement, one that will get rid of the arbitrary cuts and replace them with a balanced mix of cuts and revenues, revenues that come from closing tax loopholes that even Republicans like Mitt Romney thought we should eliminate.
Congressman Van Hollen has come to the Rules Committee four times this year alone in the hope that this Republican leadership, the ones who promised an open House and an open legislative process, would make his amendment in order. And four times now, the Republican leadership in this House has refused to make that amendment in order.
Why, Mr. Speaker? Why? Why not allow the Van Hollen sequester replacement bill to come to the floor for a vote? Didn't Speaker Boehner promise a more open House? Didn't he say that the House should work its will?
Mr. Speaker, this is not a way to run a democracy. This is not an open and fair process.
That's because this Republican leadership is not about openness. They're not about legislating responsibly. They're about desperate attempts to score cheap political points. That's what they're doing with the sequester. And that's what they're doing with this TANF reauthorization--something that should be totally noncontroversial, something that should be approved with an overwhelming bipartisan vote.
Mr. Speaker, we should defeat this closed rule, an unnecessarily closed rule, and defeat this bill. It is time we put partisan politics aside, at least until the next election season begins, and start working for the American people.
With that, I reserve the balance of my time.
Mr. Speaker, I yield myself such time as I may consume.
First of all, I want to thank my friend, the gentleman from Oklahoma, for his improved pronunciation. I appreciate that. And I also appreciate the spirit of bipartisanship that he has displayed on a number of issues, most recently on the Violence Against Women Act.
I kind of wish that that same spirit was brought to this bill here today, this TANF bill, because it would pass overwhelmingly.
Just so that there's no confusion about what HHS is trying to do, I would like to insert into the Record a letter that Kathleen Sebelius, the Secretary of Health and Human Services, sent to the Honorable Dave Camp, the chairman of the Committee on Ways and Means, which explains how the administration views this flexibility that they might at some point utilize. But basically it is not to weaken the work requirement; it is to support States that have better ideas to improve the results to get more people to work.
The other thing, Mr. Speaker, I would say is that, again, it's ironic that my friends on the other side have kind of chosen to put a little bit of politics into this debate given the fact that a Republican Governor from a red State, Utah, suggests to the administration that he might have a better idea on how his State might get better results in putting more people to work, getting people off of public assistance and into the workforce.
I think that's a good thing. I think what all of us believe is whatever it takes to get more people into the workforce is a good thing.
I would also say to my friend--he mentioned that the Republicans have had proposals to deal with the sequester. Not in this session they haven't. Not a single time in this current Congress have my Republican friends brought an alternative to the floor to avoid sequester--these arbitrary, mindless, senseless cuts that go across the board.
If you had a line item in the budget that said ``fraud, waste, and abuse,'' under the sequester that would be treated the same way as a line item for medical research or for education or for transportation and infrastructure. This is not a way to deal with our budgetary challenges.
The reason why I bring up sequester today is because I wish there were a greater sense of urgency in this House of Representatives to deal with it. We're all talking about welfare-to-work right now. But by allowing the sequester to continue to go into place, CBO tells us that we're going to risk 750,000 jobs; 750,000 of our fellow citizens will be out of work because of the inaction of this Congress.
I find that unacceptable. We ought to be preserving jobs, we ought to be expanding jobs, we ought to be doing everything we can to get people back to work because that's the surest way to reduce our deficit. The more people working, the more revenues, the more we can pay down our deficit.
We should be talking about trying to get our budgetary House in order without diminishing the quality of life and the standard of living for people in this country.
The Secretary of Health
and Human Services,
Washington, DC, July 18, 2012.
Hon. Dave Camp,
Chairman, Committee on Ways and Means,
House of Representatives, Washington, DC.
Dear Chairman Camp: Thank you for your interest in the
guidance we have released to states concerning the Temporary
Assistance for Needy Families (TANF) program.
The 1996 welfare reform legislation established work
requirements which have been critical to moving people off
welfare and into jobs. The proposal we have outlined
strengthens the law's purpose to move people off of welfare
and into jobs by utilizing state-based innovation. Our goal
is to accelerate job placement by moving more Americans from
welfare to work, and no policy which undercuts that goal or
waters down work requirements will be considered or approved
by the Department.
For years, Republican and Democratic Governors have
requested more flexibility in implementing welfare reform so
they can meet their states' specific needs. In 2005, 29
Republican Governors requested ``[i]ncreased waiver
authority, allowable work activities, availability of partial
work credit'' so they might more ``effectively serve low-
income'' Americans. Certain elements of the proposal endorsed
by the 2005 Republican Governors were very far-reaching and
would not be approved under the Department's proposed
waivers. More recently, Utah and Nevada requested waiver
opportunities. While it appears some of the policies
enumerated in the letters would not be eligible for waivers
under our policy, we look forward to receiving and being able
to consider a formal application from these and other states.
The Department is providing a very limited waiver opportunity
for states that develop a plan to measurably increase the
number of beneficiaries who find and hold down a job.
Specifically, Governors must commit that their proposals will
move at least 20% more people from welfare to work compared
to the state's past performance. States must also demonstrate
clear progress toward that goal no later than one year after
their programs take effect. If they fail, their waiver will
be rescinded. And if a Governor proposes a plan that
undercuts the work requirements established in welfare
reform, that plan will be rejected.
We will follow our initial guidance to states with further
information detailing metrics and accountability measures.
The policy we have outlined is designed to accelerate job
placement rates for those on welfare, not address other
aspects of their lives. No plan that undercuts the goal of
moving people from welfare to work will be considered or
approved. For example, the Department will not approve a
waiver that changes the definition of work requirements to
include any of the activities outlined in a 2005 GAO report
on TANF such as personal care activities, massage, and
journaling. We will continue to hold states accountable for
moving people from welfare to work.
Strengthening Welfare Reform Through State-based Innovation
For states, welfare can too often be a maze of red tape and
nonsensical rules. For example, states can get more credit
for assigning people to do job search than for placing them
into paying, private-sector jobs. The rules not only place an
administrative burden on states, but make searching for a job
and securing employment more difficult for families. The
proposal we have outlined gives states flexibility to cut red
tape and get people back to work.
As noted earlier, when Congress considered legislation
reauthorizing the TANF program in 2005, Governors from across
the country also expressed their support for more flexibility
for states in the TANF program. In a letter to Congress, the
following Governors specifically endorsed Senate legislation,
which would have allowed many states to receive waivers far
broader than we are allowing now--including, for example,
waivers of the time limits in the 1996 welfare reform law.
Governors signing this letter included:
Bob Riley, Alabama; Frank H. Murkowski, Alaska; Mike
Huckabee, Arkansas; Arnold Schwarzenegger, California; Bill
Owens, Colorado; M. Jodi Rell, Connecticut; Jeb Bush,
Florida; Sonny Perdue, Georgia; Linda Lingle, Hawaii; Dirk
Kempthorne, Idaho; Mitch Daniels, Indiana; Ernie Fletcher,
Kentucky; Robert L. Ehrlich, Jr., Maryland; Mitt Romney,
Massachusetts.
Tim Pawlenty, Minnesota; Haley Barbour, Mississippi; Matt
Blunt, Missouri; Dave Heineman, Nebraska; George E. Pataki,
New York; Kenny C. Guinn, Nevada; John Hoeven, North Dakota;
Bob Taft, Ohio; Donald L. Carcieri, Rhode Island; Mark
Sanford, South Carolina; M. Michael Rounds, South Dakota;
Rick Perry, Texas; Jon Huntsman, Jr., Utah; James Douglas,
Vermont.
As also noted previously, we do not go as far as these
Governors in supporting state flexibility. Within limits,
however, we agree with their letter that states should have
``the flexibility to manage their TANF programs and
effectively serve low-income populations.'' If a Governor
commits to a plan to strengthen work requirements that moves
more people from welfare to work, we welcome the opportunity
to review that proposal. On the other hand, if a Governor is
satisfied with the status quo, the state will not be required
to submit a waiver request and can continue to operate under
the current welfare system.
We do not have to choose between providing temporary
assistance to families who fall on hard times and putting
people back to work. We can do both by strengthening work
requirements so more people move from welfare to work and
giving states flexibility to tailor their welfare reforms to
their specific needs. But while we continue to explore new
ways to strengthen work requirements, we will not accept any
changes that undercut employment-focused welfare reforms that
were signed into law fifteen years ago.
As we have relayed to your staff, we would welcome the
opportunity to brief them on the legal and programmatic
issues related to this policy and to discuss the feedback we
have received from states about the challenges that the
current requirements present to creating jobs. Attached is a
more detailed description of HHS' waiver authority under
current law. I will also provide this response to Senator
Hatch.
Sincerely,
Kathleen Sebelius.
Enclosure.
ATTACHMENT--Legal Basis for Utilizing Waiver Authority in TANF
The exercise of waiver authority contemplated in the July
12 Information Memorandum is clearly authorized by section
1115(a)(1) of the Social Security Act. Section 1115(a)(1)
allows the Secretary to ``waive compliance with any of the
requirements of section . . . 402 [of the Act] . . . to the
extent and for the period [s]he finds necessary to enable [a]
State . . . to carry out'' an approved experimental, pilot,
or demonstration project that will assist in promoting the
objectives of the TANF program. 42 U.S.C. Sec. 1315(a)(1). As
the Information Memorandum explains, section 402 sets forth
state plan requirements for the TANF program, including the
requirement that a plan ``[e]nsure that parents and
caretakers receiving assistance under the program engage in
work activities in accordance with section 407.'' Id.
Sec. 602(a)(1)(A)(iii). By authorizing the Secretary to
``waive compliance with any of the requirements of section .
. . 402,'' therefore, section 1115 permits the Secretary to
waive the requirements of section 407 when she determines
that a waiver would promote the objectives of the TANF
program and satisfy the other prerequisites for a waiver.
Your letter maintains that the Secretary's section 1115
waiver authority does not extend to the requirements
described in the Information Memorandum because those
requirements are set forth in section 407 rather than section
402. But, as explained above, the plain text of section 402
incorporates the requirements of section 407 by reference.
Moreover, the Department has long interpreted its authority
to waive state plan requirements under section 1115 to extend
to requirements set forth in other statutory provisions that
are referenced in the provisions governing state plans. This
interpretation has been consistently applied throughout the
history of section 1115, including in the context of the
Medicaid, child support, and former Aid to Families with
Dependent Children (AFDC) programs. For example, in
Wisconsin's well-known ``Work Not Welfare'' demonstration
implemented in 1995, the state received a waiver of rules
related to the distribution of child support. While section
1115 references the child support state plan provisions in
section 454, the child support rules waived in the Wisconsin
waiver are in section 457, but included by reference in the
state plan in section 454(11). (Additional examples can be
provided upon request.) If Congress had intended to restrict
the Secretary's waiver authority when it replaced the AFDC
program with the TANF program in 1996, it could have deleted
section 1115's reference to section 402 or otherwise
indicated its intent to depart from past practice. Congress
did not do so and the Department is adhering to its
longstanding interpretation that section 1115 waiver
authority extends to requirements incorporated by reference
into the state plan sections of programs, including Medicaid,
child support, and TANF.
Your letter also claims that section 415(a)(2)(B) of the
Act precludes the Secretary from waiving section 407's
requirements. But section 415(a)(2)(B) has no application
here because it is a transitional provision applicable only
to waivers under the former AFDC program, which was replaced
by the TANF program in 1996. Indeed, the plain language of
section 415(a)(2)(B) makes clear that it is limited to
waivers that related to ``a State program funded under this
part (as in effect on September 30, 1996)''--that is, under
the former AFDC program. 42 U.S.C. Sec. 615(a)(2)(B)
(emphasis added). That provision thus does nothing to
restrict the Secretary's waiver authority with respect to the
current TANF program.
So having said that, Mr. Speaker, I would like to yield 3 minutes at this time to the gentleman from Puerto Rico, my good friend, Mr. Pierluisi.
Mr. Speaker, I yield myself such time as I may consume just to address a couple of points of my colleague from Oklahoma, whom I have a great deal of respect for.
First of all, if we had an open rule, Mr. Pierluisi could have had a chance to offer his amendment, and we could get a judgment from the Parliamentarian then. Secondly, also the Rules Committee could have waived the germaneness rule to allow Mr. Pierluisi to have his amendment made in order. So the Rules Committee could have done that, and chose instead to report a closed rule here so that nobody can offer anything. It is completely closed, a closed process.
Secondly, with regard to sequestration again, I point out that the President of the United States did offer a grand bargain. My Republican friends said no to that. He put a lot of different things on the table trying to come up with a grand bargain to deal with our deficit but also not undercut our economy. It was a balance of cuts and revenue, but my Republican friends said no to that.
And I would repeat again, in this Congress, the House Republicans have done nothing, have proposed zero to be able to avoid the sequester. There have been no alternatives brought before the Rules Committee, nothing brought to the floor.
Mr. Van Hollen has, on four different occasions, tried to avoid sequester with a very balanced approach, and it would save 750,000 jobs. If there's anything that's urgent in this Chamber, it should be to preserve and protect the 750,000 jobs that will be lost because of these sequester cuts.
I would finally say that the United States Senate, far from a perfect branch of government in my opinion, but nonetheless, the Senate Majority Leader had an alternative to sequester that got 51 votes. That's a majority. But, unfortunately, under the Senate rules and with Republican insistence that they needed 60 votes, it didn't make it. But 51 Senators voted for an alternative.
So there are alternatives out there; and the notion that we should kind of sit back, lay back, and maybe something will emerge miraculously to deal with this issue I don't think is the proper role of the House of Representatives. We ought to be deliberating and debating and finding ways to protect those 750,000 jobs.
We talk about welfare to work here. And again, the irony is we're trying to prevent the administration from being able to have the flexibility to be able to work with States who want to get better results, to get more people off of welfare to work. But when you talk about getting people to work, we ought to also be talking about preserving the 750,000 jobs that will be lost because of our inaction on sequester.
Mr. Speaker, at this point I'd like to yield 5 minutes to the gentleman from Texas (Mr. Doggett), the ranking member of the Ways and Means Subcommittee on Human Resources.
Mr. Speaker, can I inquire of the gentleman from Oklahoma whether he has any additional speakers.
I thank the gentleman, and I yield myself such time as I may consume.
Mr. Speaker, I would urge my colleagues to vote ``no'' on this closed rule. Again, I regret very much that something that really should be truly bipartisan and totally bipartisan and totally noncontroversial has now become politicized so that there's division.
Again, I wish that we had followed the same path we did with the Violence Against Women Act, when a more controversial and divisive attempt on that bill was put aside for something that was more of a consensus and had broad bipartisan support. We could do the same thing here, and I wish we would.
There is no need for this bill to become politicized; and my guess is that when it comes back to the House, the controversial provisions that we are complaining about right now will probably be gone.
Mr. Speaker, we just had a long discussion about work requirements; but, ironically, the bill that we're going to deal with tomorrow cuts this program called the SNAP Employment and Training Funding. This is a program that helps low-income individuals get training for proper employment, training for jobs that could help those individuals lift themselves out of poverty and off public assistance.
It is my understanding that my friends are going to bring a bill that guts that particular program. I find that puzzling because the whole point of that program is to give people the training they need so they are qualified for some of the jobs that are open out there, and yet we're going to eliminate that.
My friends have routinely gone after the SNAP, or food stamp program, again, helping low-income families get by during difficult times while they find employment. Sadly, there are a lot of people who are working who earn so little that they still qualify for SNAP. We ought to have a greater discussion on poverty and how to deal with some of these big issues like hunger and food insecurity, and I hope at some point we can have that discussion.
But, today, what I wish we were doing, in addition to passing a noncontroversial TANF bill, I wish we were on the floor debating an alternative to the sequester--750,000 jobs are about to be lost, 750,000 jobs. If we are truly interested in work, we ought to protect those jobs.
Mr. Van Hollen of Maryland had an alternative that four times he's brought to the Rules Committee. Four times the leadership here has said, no, you can't bring it to the floor, you can't debate it, you can't deliberate on it.
And my friends on the other side of the aisle in this Congress have offered zero. They're totally content to let the sequester go into play--750,000 jobs at stake.
I think that's what we should be doing here, Mr. Speaker.
As I yield back the balance of my time, I would urge my colleagues on the other side of the aisle to suspend politics for just a little while so we can get a few major things done. We can do the politics next year when it's campaign time, but now's the time to achieve results.
We can come together on a lot of these issues. I hope that that happens; but if this is any indication of how we're going to proceed, it makes me less hopeful.
With that, Mr. Speaker, I yield back the balance of my time.