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Title 42, The Public Health and WelfareRelease 119-110

§615 Waivers

Title 42 › 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 › § 615

Last updated Sep 22, 2026|Official source

Summary

States that had special waivers for their aid programs that were in effect on August 22, 1996 can keep those waivers until the waiver expires. The changes made by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 do not apply to those waivers when they conflict, except for the change made by section 103(c) of that Act. Starting with fiscal year 1996, a State with such a waiver must receive payments under section 603 for that year instead of any different waiver payment. A waiver that was sent to the federal Secretary before August 22, 1996 and approved by July 1, 1997 can also keep this protection if the State shows the waiver will not raise federal spending compared to no waiver. No waiver can block the new work rules in section 607. A State may keep one or more individual waivers. A State may end a waiver early. If it ends a waiver, it must send the Secretary a report about the waiver and its results. If a State files a written request to end a waiver by the deadline that is 90 days after the adjournment of the first regular session of the State legislature that starts after August 22, 1996, the State will not be charged for any accrued cost-neutrality liabilities from the waiver. The Secretary must encourage States to continue waivers and to evaluate them using sound methods like random sampling.

Full Legal Text

Title 42, §615

The Public Health and Welfare, Source: USLM XML via OLRC

(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).

Legislative History

Notes & Related Subsidiaries

Editorial Notes

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 section 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, § 415, as added Aug. 13, 1981, Pub. L. 97–35, title XXIII, § 2320(b)(2), 95 Stat. 857; amended July 18, 1984, Pub. L. 98–369, div. B, title VI, §§ 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, § 103(a)(1), as amended by Pub. L. 105–33, title V, § 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, § 103(a)(1), which enacted this section.

Statutory Notes and Related Subsidiaries

Effective Date

of 1997 AmendmentAmendment 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.

Reference

Citations & Metadata

Citation

42 U.S.C. § 615

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110