§ 615. Waivers

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(a)Continuation of waivers

(1)Waivers in effect on August 22, 1996

(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).

(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.)

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