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42 U.S.C. § 615Waivers

submitted 91 years ago by Pub. L. 104-193 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 641 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section lets certain States continue operating qualifying waivers after the 1996 welfare-law changes. It also lets a State end a waiver, requires reporting, and directs the Secretary to encourage and evaluate current waivers.

(a) Continuation of waivers. (1) Waivers in effect on August 22, 1996. (A) In general. Except as provided in (B), if a State had a waiver under section 1315 or otherwise relating to assistance under a State plan under this part, as that part existed on September 30, 1996, and the waiver was in effect on August 22, 1996, the 1996 Personal Responsibility and Work Opportunity Reconciliation Act amendments do not apply to the State before the waiver expires, without counting extensions, to the extent those amendments conflict with the waiver. This exception does not cover section 103(c) of that Act. (B) Financing limitation. Despite other law, beginning with fiscal year 1996, a State operating under that waiver is entitled to payment under section 603 for the fiscal year instead of any other payment provided by the waiver. (2) Waivers granted subsequently. (A) In general. Except as provided in (B), the same protection applies to a waiver submitted before August 22, 1996 and approved by July 1, 1997, if the State proves to the Secretary's satisfaction that the waiver will not cause Federal spending under subchapter IV, as it existed without the 1996 amendments, to exceed the spending that would occur without the waiver. The protection lasts until the waiver expires, without counting extensions, and only to the extent the 1996 amendments conflict with it. Section 103(c) is excluded from this protection. (B) No effect on new work requirements. A waiver may not change whether section 607 applies to the State. (b) State option to terminate waiver. (1) A State may end a waiver covered by (a) before it expires. (2) The State must give the Secretary a report summarizing the waiver and any available information about its results or effects. (3) Hold harmless provision. (A) A State that submits a written request to end such a waiver by the date in (B) is not responsible for cost-neutrality liabilities that accrued under the waiver. (B) That date is 90 days after the first regular session of the State legislature beginning after August 22, 1996 adjourns. (c) Secretarial encouragement of current waivers. The Secretary must encourage a State operating under such a waiver to continue it and to evaluate its results or effects using random sampling and other features of accepted scientific evaluations. (d) Continuation of individual waivers. A State may choose to continue one or more individual waivers covered by (a).
the actual law source: uscode.house.gov ↗public domain
(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) 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) 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) 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).

Source credit: (Aug. 14, 1935, ch. 531, title IV, § 415, as added Pub. L. 104–193, title I, § 103(a)(1), Aug. 22, 1996, 110 Stat. 2157; amended Pub. L. 105–33, title V, § 5514(c), Aug. 5, 1997, 111 Stat. 620.)

history & why it existsrecord from the source credit
  • 1935Enacted · Pub. L. 104-193 · 110 Stat. 2157
  • 1997Amended · Pub. L. 105-33 · 111 Stat. 620

A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-193 on 1935-08-14.

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