42 U.S.C. § 615 : US Code - Section 615: Waivers

Search 42 U.S.C. § 615 : US Code - Section 615: Waivers

(a) Continuation of waivers
(1) Waivers in effect on August 22, 1996
(A) In general
Except as provided in subparagraph (B), if any waiver granted
to a State under section 1315 of this title or otherwise which
relates to the provision of assistance under a State plan under
this part (as in effect on September 30, 1996) is in effect as
of August 22, 1996, the amendments made by the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996
(other than by section 103(c) of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996) shall not
apply with respect to the State before the expiration
(determined without regard to any extensions) of the waiver to
the extent such amendments are inconsistent with the waiver.
(B) Financing limitation
Notwithstanding any other provision of law, beginning with
fiscal year 1996, a State operating under a waiver described in
subparagraph (A) shall be entitled to payment under section 603
of this title for the fiscal year, in lieu of any other payment
provided for in the waiver.
(2) Waivers granted subsequently
(A) In general
Except as provided in subparagraph (B), if any waiver granted
to a State under section 1315 of this title or otherwise which
relates to the provision of assistance under a State plan under
this part (as in effect on September 30, 1996) is submitted to
the Secretary before August 22, 1996, and approved by the
Secretary on or before July 1, 1997, and the State demonstrates
to the satisfaction of the Secretary that the waiver will not
result in Federal expenditures under subchapter IV of this
chapter (as in effect without regard to the amendments made by
the Personal Responsibility and Work Opportunity Reconciliation
Act of 1996) that are greater than would occur in the absence
of the waiver, the amendments made by the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996
(other than by section 103(c) of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996) shall not
apply with respect to the State before the expiration
(determined without regard to any extensions) of the waiver to
the extent the amendments made by the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996 are
inconsistent with the waiver.
(B) No effect on new work requirements
Notwithstanding subparagraph (A), a waiver granted under
section 1315 of this title or otherwise which relates to the
provision of assistance under a State program funded under this
part (as in effect on September 30, 1996) shall not affect the
applicability of section 607 of this title to the State.
(b) State option to terminate waiver
(1) In general
A State may terminate a waiver described in subsection (a) of
this section before the expiration of the waiver.
(2) Report
A State which terminates a waiver under paragraph (1) shall
submit a report to the Secretary summarizing the waiver and any
available information concerning the result or effect of the
waiver.
(3) Hold harmless provision
(A) In general
Notwithstanding any other provision of law, a State that, not
later than the date described in subparagraph (B) of this
paragraph, submits a written request to terminate a waiver
described in subsection (a) of this section shall be held
harmless for accrued cost neutrality liabilities incurred under
the waiver.
(B) Date described
The date described in this subparagraph is 90 days following
the adjournment of the first regular session of the State
legislature that begins after August 22, 1996.
(c) Secretarial encouragement of current waivers
The Secretary shall encourage any State operating a waiver
described in subsection (a) of this section to continue the waiver
and to evaluate, using random sampling and other characteristics of
accepted scientific evaluations, the result or effect of the
waiver.
(d) Continuation of individual waivers
A State may elect to continue 1 or more individual waivers
described in subsection (a) of this section.