By Susan Duclos
Cross posted from
Wake up America
Updates being added below the post as reactions come out.
Today the Obama Department of Health and Human Services (HHS) released
an official policy directive rewriting the welfare reform law of 1996.
The new policy guts the federal work requirements that were the
foundation of the reform law. The Obama directive bludgeons the letter
and intent of the actual reform legislation. - Heritage, 7/12/12
Via
Washington Examiner:
While the Obama campaign goes all out attacking Mitt Romney’s
business history, the Romney campaign is looking carefully at a new
Obama administration policy that could become a significant part of
Romney’s case against the president. In a quiet move Thursday — barely
noted beyond the conservative press — the Obama administration “released
an official policy directive rewriting the welfare reform law of 1996,”
according to Robert Rector, a welfare policy expert at the Heritage Foundation.
The directive — which some Romney aides found stunning — allows
the Department of Health and Human Services to waive the work
requirement at the heart of welfare reform. That reform, originally
vetoed but later signed into law by President Bill Clinton, is widely
viewed as the most successful policy initiative in a generation. Under
it, the growth in welfare rolls was reversed and millions of people
moved from welfare to work.
Despite its success, however, many liberals remain opposed to
reform. For example, in the years immediately after passage of the law,
Barack Obama himself pledged to do all he could to undo it. Now, he has.
Heritage explains:
Obama’s Trick to Get Around Work Requirements
Today the Obama Administration issued a new directive stating that
the traditional TANF work requirements can be waived or overridden by a
legal device called the section 1115 waiver authority under the Social
Security law (42 U.S.C. 1315).
Section 1115 states that “the Secretary may waive compliance with any
of the requirements” of specified parts of various laws. But this is
not an open-ended authority: Any provision of law that can be waived
under section 1115 must be listed in section 1115 itself. The work
provisions of the TANF program are contained in section 407 (entitled,
appropriately, “mandatory work requirements”). Critically, this section,
as well as most other TANF requirements, are deliberately not listed in
section 1115; they are not waiveable.
In establishing TANF, Congress deliberately exempted or shielded
nearly all of the TANF program from the section 1115 waiver authority.
They did not want the law to be rewritten at the whim of Health and
Human Services (HHS) bureaucrats. Of the roughly 35 sections of the TANF
law, only one is listed as waiveable under section 1115. This is
section 402.
Section 402 describes state plans—reports that state governments must
file to HHS describing the actions they will undertake to comply with
the many requirements established in the other sections of the TANF law.
The authority to waive section 402 provides the option to waive state
reporting requirements only, not to overturn the core requirements of
the TANF program contained in the other sections of the TANF law.
The new Obama dictate asserts that because the work requirements,
established in section 407, are mentioned as an item that state
governments must report about in section 402, all the work requirements
can be waived. This removes the core of the TANF program; TANF becomes a
blank slate that HHS bureaucrats and liberal state bureaucrats can
rewrite at will.
Mitt Romney today made the
following statement on the Obama
Administration's action to fundamentally undermine the bipartisan 1996
welfare reforms:
“
President Obama now wants to strip the established work requirements
from welfare. The success of bipartisan welfare reform, passed under
President Clinton, has rested on the obligation of work. The President's
action is completely misdirected. Work is a dignified endeavor, and the
linkage of work and welfare is essential to prevent welfare from
becoming a way of life.”
[Updates below]
Mickey Kraus over at
The Daily Caller with his initial 15 point analysis of Obama's weakening Clintons welfare reform law.
Newt Gingrich
tweets "Obama’s suspension of workfare requirements is almost certainly illegal, a sign of the jobs failure, and a reminder how liberal obama is." Gingrich
continues with "President clinton and the republican congress created a bipartisan work
oriented reform of welfare. Obama has single handedly destroyed it. (H/T
The Daily Caller)
Speaker of the House, John Boehner
weighs in with a statement:
The Obama administration has taken the extraordinary step of unilaterally gutting the work requirements at the heart of President Clinton’s historic welfare reform law, a signature bipartisan achievement of the Clinton administration and Republican-led Congress of the 1990s. Why? Because of the lack of jobs in the Obama economy.
Speaker John Boehner released the following statement:
“By gutting the work requirements in President Clinton’s
signature welfare reform law, President Obama is admitting his economic
policies have failed.
"While President Clinton worked with Congress in a bipartisan way on
welfare reform and economic opportunity, President Obama has routinely
ignored Republican proposals, rejected House-passed jobs bills, and
imposed an agenda that’s helped keep the unemployment rate above eight
percent for 41 months. Instead of working with Republicans to boost job
creation, the president is simply disregarding the requirement that
welfare recipients find work.
“Welfare reform was an historic, bipartisan success – this move by the Obama administration is a partisan disgrace.”
The Heritage Foundation
says the “rigorous new federal work standards that state governments
were required to implement” were the core of the welfare reform law.
Whereas “[i]n the four decades prior to welfare reform, the welfare
caseload never experienced a significant decline,” the work requirements were “very successful” in reducing welfare rolls and getting Americans back to work.
In an op-ed marking welfare reform’s 10-year anniversary, President Clinton
said the law and its work requirements “create[ed] a new beginning for
millions of Americans.” Welfare rolls “dropped substantially, from 12.2
million in 1996 to 4.5 million” in 2006, and “more than 20,000
businesses hired 1.1 million former welfare recipients.”
But with the Obama economy hung over from a failed ‘stimulus’
spending binge, job creators handcuffed by excessive regulations, and
small businesses frightened by the president’s tax hike plan, jobs are hard to come by. So the White House simply gutted the work requirements that have been so successful. Instead of creating new jobs, the Obama administration is creating more dependency.
Thomas Lifson, via
American Thinker:
The
House Ways and Means Committee Chairman Dave Camp (R-MI) and Senate
Finance Committee ranking member Orrin Hatch (R-UT) have sent a letter
to HHS Secretary Sebelius seeking an explanation for what appears to me
to be a lawless power grab. Rep. Camp summed it up: "This is a brazen
and unwarranted unraveling of welfare reform. This ends welfare reform
as we know it."
Letter embedded below:
7.12.12 TANF Work Requirements Letter
Republican Study Committee Chairman Jim Jordan responded to today’s announcement by the Department of Health and Human Services that it would violate the 1996 welfare reform law by waiving work requirements for the Temporary Assistance for Needy Families (TANF) program.
“President Obama just tore up a basic foundation of the welfare contract. In exchange for taxpayer-funded TANF payments, the law calls on able-bodied adults to work, look for work, take classes, or undergo drug and alcohol counseling. It’s the tough love that gives people motivation to help themselves.”
“By waiving the law's requirements, President Obama will make it harder for Americans to escape poverty. He is hurting the very people he claims to help.”
“Today’s action is also a blatant violation of the law. After immigration, education, marriage, and religious conscience protections, we can now add welfare reform to the list of laws President Obama refuses to follow.”