---
kind: "section"
citation: "42 U.S.C. § 615"
title: "42"
title_heading: "The Public Health and Welfare"
number: "615"
heading: "Waivers"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/615"
units:
  - "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. Waivers

- (a) **Continuation of waivers—**
  - (1) **Waivers in effect on August 22, 1996—**
    - (A) **In general—** Except as provided in [subparagraph (B)](#a-1-B), if any waiver granted to a [State](/usc/42/619.md?p=5) under [section 1315 of this title](/usc/42/1315.md) or otherwise which relates to the provision of assistance under a [State](/usc/42/619.md?p=5) 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](/usc/42/619.md?p=5) 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](/usc/42/619.md?p=3) 1996, a [State](/usc/42/619.md?p=5) operating under a waiver described in [subparagraph (A)](#a-1-A) shall be entitled to payment under [section 603 of this title](/usc/42/603.md) for the [fiscal year](/usc/42/619.md?p=3), in lieu of any other payment provided for in the waiver.
  - (2) **Waivers granted subsequently—**
    - (A) **In general—** Except as provided in [subparagraph (B)](#a-2-B), if any waiver granted to a [State](/usc/42/619.md?p=5) under [section 1315 of this title](/usc/42/1315.md) or otherwise which relates to the provision of assistance under a [State](/usc/42/619.md?p=5) plan under this part (as in effect on September 30, 1996) is submitted to the [Secretary](/usc/42/1301.md?p=a-6) before August 22, 1996, and approved by the [Secretary](/usc/42/1301.md?p=a-6) on or before July 1, 1997, and the [State](/usc/42/619.md?p=5) demonstrates to the satisfaction of the [Secretary](/usc/42/1301.md?p=a-6) 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](/usc/42/619.md?p=5) 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-2-A), a waiver granted under [section 1315 of this title](/usc/42/1315.md) or otherwise which relates to the provision of assistance under a [State](/usc/42/619.md?p=5) program funded under this part (as in effect on September 30, 1996) shall not affect the applicability of [section 607 of this title](/usc/42/607.md) to the [State](/usc/42/619.md?p=5).
- (b) **State option to terminate waiver—**
  - (1) **In general—** A [State](/usc/42/619.md?p=5) may terminate a waiver described in [subsection (a)](#a) before the expiration of the waiver.
  - (2) **Report—** A [State](/usc/42/619.md?p=5) which terminates a waiver under [paragraph (1)](#b-1) shall submit a report to the [Secretary](/usc/42/1301.md?p=a-6) 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](/usc/42/619.md?p=5) 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)](#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](/usc/42/619.md?p=5) legislature that begins after August 22, 1996.
- (c) **Secretarial encouragement of current waivers—** The [Secretary](/usc/42/1301.md?p=a-6) shall encourage any [State](/usc/42/619.md?p=5) operating a waiver described in [subsection (a)](#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](/usc/42/619.md?p=5) may elect to continue 1 or more individual waivers described in [subsection (a)](#a).

## Source credit

(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.)

## Notes

### 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 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, § 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 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.