42 U.S.C. § 1315 : US Code - Section 1315: Demonstration projects

Search 42 U.S.C. § 1315 : US Code - Section 1315: Demonstration projects

(a) Waiver of State plan requirements; costs regarded as State plan
expenditures; availability of appropriations
In the case of any experimental, pilot, or demonstration project
which, in the judgment of the Secretary, is likely to assist in
promoting the objectives of subchapter I, X, XIV, XVI, or XIX of
this chapter, or part A or D of subchapter IV of this chapter, in a
State or States -
(1) the Secretary may waive compliance with any of the
requirements of section 302, 602, 654, 1202, 1352, 1382, or 1396a
of this title, as the case may be, to the extent and for the
period he finds necessary to enable such State or States to carry
out such project, and
(2)(A) costs of such project which would not otherwise be
included as expenditures under section 303, 655, 1203, 1353,
1383, or 1396b of this title, as the case may be, and which are
not included as part of the costs of projects under section 1310
of this title, shall, to the extent and for the period prescribed
by the Secretary, be regarded as expenditures under the State
plan or plans approved under such subchapter, or for
administration of such State plan or plans, as may be
appropriate, and
(B) costs of such project which would not otherwise be a
permissible use of funds under part A of subchapter IV of this
chapter and which are not included as part of the costs of
projects under section 1310 of this title, shall to the extent
and for the period prescribed by the Secretary, be regarded as a
permissible use of funds under such part.
In addition, not to exceed $4,000,000 of the aggregate amount
appropriated for payments to States under such subchapters for any
fiscal year beginning after June 30, 1967, shall be available,
under such terms and conditions as the Secretary may establish, for
payments to States to cover so much of the cost of such projects as
is not covered by payments under such subchapters and is not
included as part of the cost of projects for purposes of section
1310 of this title.
(b) Child support enforcement programs
In the case of any experimental, pilot, or demonstration project
undertaken under subsection (a) of this section to assist in
promoting the objectives of part D of subchapter IV of this
chapter, the project -
(1) must be designed to improve the financial well-being of
children or otherwise improve the operation of the child support
program;
(2) may not permit modifications in the child support program
which would have the effect of disadvantaging children in need of
support; and
(3) must not result in increased cost to the Federal Government
under part A of such subchapter.
(c) Demonstration projects to test alternative definitions of
unemployment
(1)(A) The Secretary shall enter into agreements with up to 8
States submitting applications under this subsection for the
purpose of conducting demonstration projects in such States to test
and evaluate the use, with respect to individuals who received aid
under part A of subchapter IV of this chapter in the preceding
month (on the basis of the unemployment of the parent who is the
principal earner), of a number greater than 100 for the number of
hours per month that such individuals may work and still be
considered to be unemployed for purposes of section 607 of this
title. If any State submits an application under this subsection
for the purpose of conducting a demonstration project to test and
evaluate the total elimination of the 100-hour rule, the Secretary
shall approve at least one such application.
(B) If any State with an agreement under this subsection so
requests, the demonstration project conducted pursuant to such
agreement may test and evaluate the complete elimination of the 100-
hour rule and of any other durational standard that might be
applied in defining unemployment for purposes of determining
eligibility under section 607 of this title.
(2) Notwithstanding section 602(a)(1) of this title, a
demonstration project conducted under this subsection may be
conducted in one or more political subdivisions of the State.
(3) An agreement under this subsection shall be entered into
between the Secretary and the State agency designated under section
602(a)(3) of this title. Such agreement shall provide for the
payment of aid under the applicable State plan under part A of
subchapter IV of this chapter as though section 607 of this title
had been modified to reflect the definition of unemployment used in
the demonstration project but shall also provide that such project
shall otherwise be carried out in accordance with all of the
requirements and conditions of section 607 of this title (and,
except as provided in paragraph (2), any related requirements and
conditions under part A of subchapter IV of this chapter).
(4) A demonstration project under this subsection may be
commenced any time after September 30, 1990, and shall be conducted
for such period of time as the agreement with the Secretary may
provide; except that, in no event may a demonstration project under
this section be conducted after September 30, 1995.
(5)(A) Any State with an agreement under this subsection shall
evaluate the comparative cost and employment effects of the use of
the definition of unemployment in its demonstration project under
this section by use of experimental and control groups comprised of
a random sample of individuals receiving aid under section 607 of
this title and shall furnish the Secretary with such information as
the Secretary determines to be necessary to evaluate the results of
the project conducted by the State.
(B) The Secretary shall report the results of the demonstration
projects conducted under this subsection to the Congress not later
than 6 months after all such projects are completed.
(e) (!1) Extensions of State-wide comprehensive demonstration
projects for which waivers granted
(1) The provisions of this subsection shall apply to the
extension of any State-wide comprehensive demonstration project (in
this subsection referred to as "waiver project") for which a waiver
of compliance with requirements of subchapter XIX of this chapter
is granted under subsection (a) of this section.
(2) During the 6-month period ending 1 year before the date the
waiver under subsection (a) of this section with respect to a
waiver project would otherwise expire, the chief executive officer
of the State which is operating the project may submit to the
Secretary a written request for an extension, of up to 3 years, of
the project.
(3) If the Secretary fails to respond to the request within 6
months after the date it is submitted, the request is deemed to
have been granted.
(4) If such a request is granted, the deadline for submittal of a
final report under the waiver project is deemed to have been
extended until the date that is 1 year after the date the waiver
project would otherwise have expired.
(5) The Secretary shall release an evaluation of each such
project not later than 1 year after the date of receipt of the
final report.
(6) Subject to paragraphs (4) and (7), the extension of a waiver
project under this subsection shall be on the same terms and
conditions (including applicable terms and conditions relating to
quality and access of services, budget neutrality, data and
reporting requirements, and special population protections) that
applied to the project before its extension under this subsection.
(7) If an original condition of approval of a waiver project was
that Federal expenditures under the project not exceed the Federal
expenditures that would otherwise have been made, the Secretary
shall take such steps as may be necessary to ensure that, in the
extension of the project under this subsection, such condition
continues to be met. In applying the previous sentence, the
Secretary shall take into account the Secretary's best estimate of
rates of change in expenditures at the time of the extension.
(f) Application for extension of waiver project; submission;
approval
An application by the chief executive officer of a State for an
extension of a waiver project the State is operating under an
extension under subsection (e) of this section (in this subsection
referred to as the "waiver project") shall be submitted and
approved or disapproved in accordance with the following:
(1) The application for an extension of the waiver project
shall be submitted to the Secretary at least 120 days prior to
the expiration of the current period of the waiver project.
(2) Not later than 45 days after the date such application is
received by the Secretary, the Secretary shall notify the State
if the Secretary intends to review the terms and conditions of
the waiver project. A failure to provide such notification shall
be deemed to be an approval of the application.
(3) Not later than 45 days after the date a notification is
made in accordance with paragraph (2), the Secretary shall inform
the State of proposed changes in the terms and conditions of the
waiver project. A failure to provide such information shall be
deemed to be an approval of the application.
(4) During the 30-day period that begins on the date
information described in paragraph (3) is provided to a State,
the Secretary shall negotiate revised terms and conditions of the
waiver project with the State.
(5)(A) Not later than 120 days after the date an application
for an extension of the waiver project is submitted to the
Secretary (or such later date agreed to by the chief executive
officer of the State), the Secretary shall -
(i) approve the application subject to such modifications in
the terms and conditions -
(I) as have been agreed to by the Secretary and the State;
or
(II) in the absence of such agreement, as are determined by
the Secretary to be reasonable, consistent with the overall
objectives of the waiver project, and not in violation of
applicable law; or
(ii) disapprove the application.
(B) A failure by the Secretary to approve or disapprove an
application submitted under this subsection in accordance with
the requirements of subparagraph (A) shall be deemed to be an
approval of the application subject to such modifications in the
terms and conditions as have been agreed to (if any) by the
Secretary and the State.
(6) An approval of an application for an extension of a waiver
project under this subsection shall be for a period not to exceed
3 years.
(7) An extension of a waiver project under this subsection
shall be subject to the final reporting and evaluation
requirements of paragraphs (4) and (5) of subsection (e) of this
section (taking into account the extension under this subsection
with respect to any timing requirements imposed under those
paragraphs).