Pilot programs for welfare demonstration are legal under U.S. Code

(Colleen V. Chien, Justin D'Atri Visiting Professor of Business Law, Columbia Law School; Professor, Santa Clara University School of Law; 2013-2015 White House Senior Advisor, Innovation and Intellectual Property, “Rigorous Policy Pilots: Experimentation in the Administration of the Law, July, 2019, “104 Iowa L. Rev. 2313,” pg lexis//um-ef)

For example, in the Aguayo case described earlier, the Secretary's approval of a pilot program was made pursuant to 42 U.S.C. § 1315, which authorizes statutory waivers to support welfare demonstration projects. In reaching its decision, the Second Circuit considered the statute's objectives, the Secretary's consideration of the contested programs in view of the objectives and evidence, and the adequacy of the administrative record, including the agency's consideration and response to objections raised by the appellant. 115But the court also relied upon "the fact that the programs were of limited duration and would remain under ... on-going supervision" 116to endorse the setting of "a lower threshold for persuasion" for the approval of experimental, temporary programs. 117Finding there to be "no "clear error of judgment,'" 118the court specifically noted that "experience will be the best test of the reality of appellants' fears." 119