Of inquiry requesting the President and directing the Secretary of Health and Human Services to transmit, respectively, certain documents to the House of Representatives relating to the "Defend the Spend" freeze on child care payments to all States, Tribes, and Territories.
- Bill Number
- H.Res. 1078
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Families
- Status
- Introduced
- Latest Action
- 2026-02-25: Referred to the House Committee on Ways and Means.
- Last Updated
- 2026-03-02T20:01:22Z
AI-Generated Summary
Purpose
This resolution (H. Res. 1078) aims to obtain detailed information from the President and the Secretary of Health and Human Services (HHS) about a policy called the "Defend the Spend" freeze, which halted child care payments to states, tribes, and territories. It seeks documents to support congressional oversight of federal child care funding under the Social Security Act, focusing on delays, procedures, and related communications.
Key Provisions
- Document Request: The President is requested, and the HHS Secretary is directed, to provide copies of relevant documents, records, communications, and other materials in their possession.
- Timeline: Materials must be transmitted to the House of Representatives within 14 days of the resolution's adoption.
- Scope of Documents: The resolution specifies 11 categories of information, including:
- Details on a December 30, 2025, tweet by HHS Deputy Secretary Jim O'Neill announcing the freeze on Administration for Children and Families (ACF) payments and reinstating "Defend the Spend" procedures.
- Records of fund drawdowns (withdrawals) from the Child Care Entitlement to States (CCES) program after December 30, 2025, via the Payment Management System (PMS, a federal system for handling grants).
- Information on delays in the PMS and procedures for handling complaints about funding under titles IV or XX-A of the Social Security Act (these titles cover child welfare and social services block grants).
- Social media posts by HHS, ACF, or the Executive Office of the President alleging child care fraud, and any resulting threats or harassment of providers after December 30, 2025.
- Warning letters, referrals to the HHS Office of the Inspector General (an internal watchdog for fraud), or disciplinary actions for alleged misuse of funds from January 20 to December 1, 2025.
- Communications with grantees (funding recipients) about submitting extra data for fund access, and how that data is stored, used, or shared within or outside HHS after April 15, 2025.
- Payments to contractors or consultants for implementing "Defend the Spend" related to Social Security Act title IV funds.
- Legal opinions on classifying information as "proprietary" (private and not for public release) or unavailable to Congress, especially regarding contracts, spending, or oversight of title IV or XX-A funds.
- Contracts, staff assignments, and instructions for "Defend the Spend" criteria affecting state, tribal, or territorial entitlements under title IV-A.
- Contracts with states, tribes, and territories for PMS access to title IV funds in 2025 and 2026.
- Meetings or discussions involving HHS legal counsel or external advisors on PMS use, fund access delays, or prevention efforts after January 20, 2025.
Significant Changes to Existing Law
This resolution does not amend or create new laws. As a "resolution of inquiry," it is a procedural tool used by Congress to request information from the executive branch, without legal force to compel compliance (though the direction to HHS carries more weight). It builds on existing congressional oversight powers but introduces no statutory changes.
Potential Impacts
- On Government Agencies: HHS and ACF may face increased scrutiny, resource allocation for document review, and potential legal reviews of their funding procedures, which could slow administrative processes or lead to policy adjustments.
- On Citizens: Child care providers, families, and low-income communities relying on CCES funds could experience ongoing payment uncertainties if the freeze persists, potentially disrupting services; transparency from documents might help resolve delays.
- On International Relations: No direct impact, as this concerns domestic U.S. social welfare programs.
Main Stakeholders Affected
- Congress (House of Representatives): Gains access to information for oversight, particularly the Committee on Ways and Means.
- Executive Branch: The President, HHS (including ACF and Office of the General Counsel), and the Office of the Inspector General, who must respond to the request.
- State, Tribal, and Territorial Governments: As grantees under CCES, they are directly affected by funding freezes and may benefit from clarified procedures.
- Child Care Providers and Grantees: Individual providers facing alleged fraud investigations, harassment, or data submission requirements.
- Contractors and Consultants: Those involved in "Defend the Spend" implementation or PMS management.
Notable Legal, Constitutional, or Political Implications
- Legal: Raises questions about executive authority to freeze congressionally authorized funds without clear statutory basis; could prompt court challenges if documents reveal improper withholding under the Social Security Act's entitlement programs (which mandate funding for eligible recipients).
- Constitutional: Invokes Congress's oversight role under Article I (power of the purse and investigations), testing separation of powers if the executive branch resists providing documents claimed as privileged or proprietary.
- Political: Introduced by Democratic representatives, it may fuel partisan debates on federal spending priorities, fraud prevention, and child welfare support, potentially leading to hearings or broader investigations into 2025-2026 administration actions.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (18)
Rep. Neal, Richard E. [D-MA-1], Rep. Doggett, Lloyd [D-TX-37], Rep. Thompson, Mike [D-CA-4], Rep. Larson, John B. [D-CT-1], Rep. Davis, Danny K. [D-IL-7], Rep. Sánchez, Linda T. [D-CA-38], Rep. Sewell, Terri A. [D-AL-7], Rep. DelBene, Suzan K. [D-WA-1], Rep. Moore, Gwen [D-WI-4], Rep. Boyle, Brendan F. [D-PA-2], Rep. Beyer, Donald S. [D-VA-8], Rep. Evans, Dwight [D-PA-3], Rep. Schneider, Bradley Scott [D-IL-10], Rep. Panetta, Jimmy [D-CA-19], Rep. Gomez, Jimmy [D-CA-34], Rep. Horsford, Steven [D-NV-4], Del. Plaskett, Stacey E. [D-VI-At Large], Rep. Suozzi, Thomas R. [D-NY-3]
Recent Actions
- 2026-02-25: Referred to the House Committee on Ways and Means.
- 2026-02-25: Submitted in House
- 2026-02-25: Submitted in House
Bill Versions
- Of inquiry requesting the President and directing the Secretary of Health and Human Services to transmit, respectively, certain documents to the House of Representatives relating to the "Defend the Spend" freeze on child care payments to all States, Tribes, and Territories. — issued 2026-02-25 — PDF (5 pages)