(A) has a reasonable likelihood of achieving
the objectives of the programs to be included in
the project;
(B) may reasonably be expected to meet the
applicable cost neutrality requirements of para-
graph (4), as determined by the Director of the
Office of Management and Budget; and
(C) includes the integration of 2 or more
qualified programs.
(2) PROVISIONS EXCLUDED FROM WAIVER AU-
THORITY.—
(A) IN GENERAL.—Except as provided in
subparagraph (B), a waiver shall not be granted
under paragraph (1) with respect to any provi-
sion of law relating to—
(i) civil rights or prohibition of dis-
crimination;
(ii) purposes or goals of any program;
(iii) maintenance of effort require-
ments;
(iv) health or safety;
(v) labor standards under the Fair
Labor Standards Act of 1938; or
(vi) environmental protection.
(B) EXCEPTION
FOR
CONSOLIDATION
AND
UNIFORMITY OF STATE ADMINISTRATIVE PROCE-
DURES FOR ADDRESSING CERTAIN COMPLAINTS
OR GRIEVANCES.—Subparagraph (A) shall not
be construed to prevent a waiver from being
granted to enable an applicant that is or in-
cludes State to consolidate and provide for uni-
form State administrative procedures for ad-
dressing complaints or grievances regarding pub-
lic health or safety, labor standards, civil rights,
occupational health or safety, or environmental
protection.
(3) AGREEMENT OF EACH ADMINISTERING SEC-
RETARY REQUIRED.—
(A) IN GENERAL.—An applicant may not
conduct a demonstration project under this sec-
tion unless each administering Secretary with
respect to any program proposed to be included
in the project has approved the application to
conduct the project.
(B) AGREEMENT WITH RESPECT TO FUND-
ING
AND
IMPLEMENTATION.—Before approving
an application to conduct a demonstration
project under this section, an administering Sec-
retary shall have in place an agreement with the
applicant with respect to the payment of funds
and responsibilities required of the admin-
istering Secretary with respect to the project.
(4) COST-NEUTRALITY REQUIREMENT.—
(A) GENERAL RULE.—Notwithstanding any
other provision of law (except subparagraph
(B)), the total of the amounts that may be paid
by the Federal Government for a fiscal year with
respect to the programs in the State in which an
entity conducting a demonstration project under
this section is located that are affected by the
project shall not exceed the estimated total
amount that the Federal Government would have
paid for the fiscal year with respect to the pro-
grams if the project had not been conducted, as
determined by the Director of the Office of Man-
agement and Budget.
(B) SPECIAL RULE.—If an applicant sub-
mits to the Director of the Office of Management
and Budget a request to apply the rules of this
subparagraph to the programs in the State in
which the applicant is located that are affected
by a demonstration project proposed in an ap-
plication submitted by the applicant pursuant to
this section, during such period of not more than
5 consecutive fiscal years in which the project is
in effect, and the Director determines, on the
basis of supporting information provided by the
applicant, to grant the request, then, notwith-
standing any other provision of law, the total of
the amounts that may be paid by the Federal
Government for the period with respect to the
programs shall not exceed the estimated total
amount that the Federal Government would have
paid for the period with respect to the programs
if the project had not been conducted.
(5) 90-DAY APPROVAL DEADLINE.—
(A) IN GENERAL.—If an administering Sec-
retary receives an application to conduct a dem-
onstration project under this section and does
not disapprove the application within 90 days
after the receipt, then—
(i) the administering Secretary is
deemed to have approved the application for
such period as is requested in the applica-
tion, except to the extent inconsistent with
subsection (e); and
(ii) any waiver requested in the appli-
cation which applies to a qualified program
that is identified in the application and is
administered by the administering Sec-
retary is deemed to be granted, except to the
extent inconsistent with paragraph (2) or
(4) of this subsection.
(B) DEADLINE EXTENDED IF ADDITIONAL
INFORMATION
IS
SOUGHT.—The 90-day period
referred to in subparagraph (A) shall not include
any period that begins with the date the Sec-
retary requests the applicant to provide addi-
tional information with respect to the applica-
tion and ends with the date the additional infor-
mation is provided.
(e) DURATION
OF
PROJECTS.—A demonstration
project under this section may be approved for a term of
not more than 5 years, and may be renewed for 1 or more
additional terms of not more than 5 years.
(f) REPORTS
TO CONGRESS.—Each administering
Secretary shall provide annually to the Congress a report
concerning demonstration projects approved under this sec-
tion, including—
(1) the projects approved for each applicant;
(2) the number of waivers granted under this
section, and the specific statutory provisions waived;
(3) how well each project for which a waiver is
granted is improving or enhancing program achieve-
100
ment from the standpoint of quality, cost-effectiveness,
or both;
(4) how well each project for which a waiver is
granted is meeting the performance objectives speci-
fied in subsection (c)(3)(B);
(5) how each project for which a waiver is grant-
ed is conforming with the cost-neutrality requirements
of subsection (d)(4); and
(6) to the extent the administering Secretary
deems appropriate, recommendations for modification
of programs based on outcomes of the projects.
TITLE VII—EFFECTIVE DATE
SEC. 701. EFFECTIVE DATE.
(a) IN GENERAL.—Except as otherwise provided, the
amendments made by this Act shall take effect on October
1, 2002.
(b) EXCEPTION.—In the case of a State plan under
part A or D of title IV of the Social Security Act which
the Secretary determines requires State legislation in order
for the plan to meet the additional requirements imposed
by the amendments made by this Act, the effective date of
the amendments imposing the additional requirements shall
be 3 months after the first day of the first calendar quarter
beginning after the close of the first regular session of the
State legislature that begins after the date of the enactment
101
of this Act. For purposes of the preceding sentence, in the
case of a State that has a 2-year legislative session, each
year of the session shall be considered to be a separate reg-
ular session of the State legislature.
Union Calendar No. 275
107TH CONGRESS
2D SESSION
H. R. 4090
[Report No. 107–460, Part I]
A BILL
To reauthorize and improve the program of block
grants to States for temporary assistance for
needy families, and for other purposes.
MAY 14, 2002
Reported with an amendment and referred to the Com-
mittee on Education and the Workforce for a period
ending not later than May 14, 2002, for consideration
of such provisions of the bill and amendment as fall
within the jurisdiction of that committee pursuant to
clause 1(e), rule X
MAY 14, 2002
Committee on Education and the Workforce discharged;
committed to the Committee of the Whole House on
the state of the Union and ordered to be printed