Continuation of waivers
Waivers in effect on
In general
section 1315 of this titleExcept as provided in subparagraph (B), if any waiver granted to a State under or otherwise which relates to the provision of assistance under a State plan under this part (as in effect on ) is in effect as of , 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.
Financing limitation
section 603 of this titleNotwithstanding 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 for the fiscal year, in lieu of any other payment provided for in the waiver.
Waivers granted subsequently
In general
section 1315 of this titleExcept as provided in subparagraph (B), if any waiver granted to a State under or otherwise which relates to the provision of assistance under a State plan under this part (as in effect on ) is submitted to the Secretary before , and approved by the Secretary on or before , 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.
No effect on new work requirements
section 1315 of this titlesection 607 of this titleNotwithstanding subparagraph (A), a waiver granted under or otherwise which relates to the provision of assistance under a State program funded under this part (as in effect on ) shall not affect the applicability of to the State.
State option to terminate waiver
In general
A State may terminate a waiver described in subsection (a) before the expiration of the waiver.
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.
Hold harmless provision
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.
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 .
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.
Continuation of individual waivers
A State may elect to continue 1 or more individual waivers described in subsection (a).
Aug. 14, 1935, ch. 531Pub. L. 104–193, title I, § 103(a)(1)110 Stat. 2157Pub. L. 105–33, title V, § 5514(c)111 Stat. 620(, title IV, § 415, as added , , ; amended , , .)
Editorial Notes
References in Text
Pub. L. 104–193110 Stat. 2105section 1305 of this titleThe Personal Responsibility and Work Opportunity Reconciliation Act of 1996, referred to in subsec. (a)(1)(A), (2)(A), is , , . 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 and Tables.
Prior Provisions
act Aug. 14, 1935, ch. 531, title IV, § 415Pub. L. 97–35, title XXIII, § 2320(b)(2)95 Stat. 857Pub. L. 98–369, div. B, title VI98 Stat. 1142Pub. L. 104–193, § 103(a)(1)Pub. L. 105–33, title V, § 5514(c)111 Stat. 620A prior section 615, , as added , , ; amended , , §§ 2635, 2663(c)(7)(B), , 1166, related to attribution of income and resources of sponsor and spouse to alien, prior to repeal by , as amended by , , .
Amendments
Pub. L. 105–33Pub. L. 104–193, § 103(a)(1)1997— made technical amendment to directory language of , which enacted this section.
Statutory Notes and Related Subsidiaries
Effective Date of 1997 Amendment
Pub. L. 105–33Pub. L. 104–193section 5518(d) of Pub. L. 105–33section 862a of Title 21Amendment by effective as if included in the provision of amended at the time the provision became law, see , set out as a note under , Food and Drugs.
Effective Date
section 116 of Pub. L. 104–193section 601 of this titleSection effective , 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 , as amended, set out as a note under .