§615 Waivers

Summary

If a State had a waiver under section 1315 (or a similar waiver) that affected help given under a State plan as it stood on September 30, 1996, the changes made by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 generally do not apply to that State while the waiver is still in effect on August 22, 1996, but only for parts that conflict with the waiver. The one exception is section 103(c) of that Act, which is not covered. Also, starting with fiscal year 1996, a State running such a waiver gets payment under section 603 for that fiscal year instead of any different payment the waiver might have provided. A waiver that was sent to the Secretary before August 22, 1996 and approved by July 1, 1997 can get the same protection if the State shows the waiver will not raise federal spending under subchapter IV (as it would have been without the 1996 changes). Such waivers do not change how section 607 applies to the State. A State may end one of these waivers before it expires. If it does, the State must send the Secretary a short report about the waiver and any results. If the State asks to end the waiver by the deadline that is 90 days after the adjournment of the first regular session of its legislature that begins after August 22, 1996, the State will be protected from any past cost-neutrality charges tied to the waiver. The Secretary should encourage States to keep waivers and to evaluate them using random sampling and other sound methods. A State may choose to keep one or more individual waivers in place.