DieChecker, on 08 August 2012 - 05:33 PM, said:
Did President Obama, or did he not, sign an executive order to provide Welfare waivers to those not seeking work?
Because it seems like he did. Even House democrats are going on the Record as saying that this counters the spirit of the Clinton Era welfare reform law.
No, he didn't sign an executive order. The Social Security Act has always offered the option of waiving portions of that law (under
Section 1115) "in the case of any experimental, pilot, or demonstration project which, in the judgment of the Secretary, is likely to assist in promoting the [Act's] objectives . . . in a State or States." There are states that operate their entire Medicaid programs under 1115 demonstration waivers, for example.
Multiple states, including red states like Utah and Nevada, asked the administration for more flexibility in finding ways to more effectively meet the goals of welfare reform (e.g. you can actually
read Utah's letter here). That doesn't mean "you just get a check," as Lyin' Mitt might say, it means loosening overly prescriptive federal rules for how states get people back to work.
So what the administration did was issue
guidance that allows states who have a better idea to submit waiver applications under Section 1115 of the Social Security Act (as they already do when they want to experiment with improving other programs under the SSA, such as Medicaid).
These are waivers for states, not people. HHS was
extremely clear in that guidance that states don't get to reverse the welfare-to-work goals and approaches of the reform law. For instance:
Quote
As described below, however, HHS will only consider approving waivers relating to the work participation requirements that make changes intended to lead to more effective means of meeting the work goals of TANF.
Quote
Moreover, HHS is committed to ensuring that any demonstration projects approved under this authority will be focused on improving employment outcomes and contributing to the evidence base for effective programs;
The guidance is also very clear that all waiver applications from states must have a robust plans for evaluating if the demonstration is successful at improving employment outcomes, and it has to have specific performance measures for showing that as it goes. If the state isn't meeting its goals and improving its employment outcomes for folks receiving assistance, the demonstration waiver gets terminated. In other words, the idea of the waiver is to
increase the number of people on public assistance seeking or achieving employment.
There was a time when folks on the right argued that states knew better than the federal government how to achieve good outcomes in social programs; they just needed a little flexibility (with the requisite accountability for their outcomes, one presumes) to get out from the overly prescriptive yolk of federal rules and they could really dazzle us with their ingenuity.
I suppose that applause line has outlived its usefulness. Regardless, Romney now has spent two days lying about what's happening here and I expect he'll continue.
Edited by Startraveler, 08 August 2012 - 10:46 PM.