
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC615]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 7--SOCIAL SECURITY
 
 SUBCHAPTER IV--GRANTS TO STATES FOR AID AND SERVICES TO NEEDY FAMILIES 
              WITH CHILDREN AND FOR CHILD-WELFARE SERVICES
 
   Part A--Block Grants to States for Temporary Assistance for Needy 
                                Families
 
Sec. 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.

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

                       References in Text

    The Personal Responsibility and Work Opportunity Reconciliation Act 
of 1996, referred to in subsec. (a)(1)(A), (2)(A), is Pub. L. 104-193, 
Aug. 22, 1996, 110 Stat. 2105. Section 103(c) of the Act amended 
sections 602 and 603 of this title. For complete classification of this 
Act to the Code, see Short Title of 1996 Amendment note set out under 
section 1305 of this title and Tables.


                            Prior Provisions

    A prior section 615, act Aug. 14, 1935, ch. 531, title IV, Sec. 415, 
as added Aug. 13, 1981, Pub. L. 97-35, title XXIII, Sec. 2320(b)(2), 95 
Stat. 857; amended July 18, 1984, Pub. L. 98-369, div. B, title VI, 
Secs. 2635, 2663(c)(7)(B), 98 Stat. 1142, 1166, related to attribution 
of income and resources of sponsor and spouse to alien, prior to repeal 
by Pub. L. 104-193, Sec. 103(a)(1), as amended by Pub. L. 105-33, title 
V, Sec. 5514(c), Aug. 5, 1997, 111 Stat. 620.


                               Amendments

    1997--Pub. L. 105-33 made technical amendment to directory language 
of Pub. L. 104-193, Sec. 103(a)(1), which enacted this section.


                    Effective Date of 1997 Amendment

    Amendment by Pub. L. 105-33 effective as if included in the 
provision of Pub. L. 104-193 amended at the time the provision became 
law, see section 5518(d) of Pub. L. 105-33, set out as a note under 
section 862a of Title 21, Food and Drugs.


                             Effective Date

    Section effective July 1, 1997, with transition rules relating to 
State options to accelerate such date, rules relating to claims, 
actions, and proceedings commenced before such date, rules relating to 
closing out of accounts for terminated or substantially modified 
programs and continuance in office of Assistant Secretary for Family 
Support, and provisions relating to termination of entitlement under 
AFDC program, see section 116 of Pub. L. 104-193, as amended, set out as 
a note under section 601 of this title.
