…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…
While clearly there are the lazy, freeloading useful idiots who will celebrate this reversal in welfare reform much like the idiots who jumped for joy four years ago at the very thought of receiving government checks, said reversal is nothing to celebrate.
What we have here is Barack Obama fast tracking his clueless warp-minded supporters and the nation down the road to serfdom while currying their favor and their votes.
On the one hand, Obama has failed to realize that those he is playing up to are lazy, mindless and clueless. They will take the money and run yes, but the last thing that they will do is rise from their slumber to deliver a vote to Barack Obama on Election Day.
On the other hand, if the nation is so cursed with another four years of this dictator, Obama will turn on his slaves thereby forcing them to reap that which they have sewn. After all, free money and freedom is just an illusion but shhhhhh. Obama supporters have not figured that out yet.