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B-323772 1 (2012-09-04)

handle is hein.gao/gaobadozt0001 and id is 1 raw text is: GAO Acona ity * Integrity * Reliability United States Government Accountability Office Washington, DC 20548 B-323772 September 4, 2012 The Honorable Orrin Hatch Ranking Member Committee on Finance United States Senate The Honorable Dave Camp Chairman Committee on Ways and Means House of Representatives By letter of July 31, 2012, you asked whether an Information Memorandum issued by the Department of Health and Human Services (HHS) on July 12, 2012 concerning the Temporary Assistance for Needy Families (TANF) program constitutes a rule for the purposes of the Congressional Review Act (CRA).1 The CRA is intended to keep Congress informed of the rulemaking activities of federal agencies and provides that before a rule can take effect, the agency must submit the rule to each House of Congress and the Comptroller General. For the reasons discussed below, we conclude that the July 12, 2012 Information Memorandum is a rule under the CRA. Therefore, it must be submitted to Congress and the Comptroller General before taking effect. BACKGROUND The Temporary Assistance for Needy Families block grant, administered by the U.S. Department of Health and Human Services, provides federal funding to states for both traditional welfare cash assistance as well as a variety of other benefits and services to meet the needs of low-income families and children.3 While states have some flexibility in implementing and administering their state TANF programs, there are numerous federal requirements and guidelines that states must meet. For example, under section 402 of the Social Security Act, in order to be eligible to receive TANF funds, a state must submit to HHS a written plan outlining, among other things, how it will implement various aspects of its TANF program.4 More 1 Pub. L. No. 104-121, §251, 110 Stat. 847, 868-74, codified at 5 U.S.C. §§ 801-808. 2 5 U.S.C. § 801(a)(1). 3 See 42 U.S.C. § 601. 4 Codified at 42 U.S.C. § 602.

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