SEC. 403. REVIEW AND APPROVAL OF APPLICATIONS; WAIV-
ERS.
(a) REVIEW.—Upon receipt of an application submit-
ted in accordance with section 402, the Chairperson
shall—
(1) approve or disapprove the application within
90 days after such receipt;
(2) notify the applicant in writing of such ap-
proval or disapproval; and
(3) if the application is disapproved, include in
the notice of disapproval a written justification of
the reasons therefor.
(b) CONDITIONAL APPROVAL.—The Chairperson may
condition approval of such an application on the accept-
ance by the applicant, and by any parties whose consent
or approval is required under section 402, of specified
modifications to the application.
(c) APPROVAL.—
(1) REQUIREMENTS.—The Chairperson may
approve such an application, subject to paragraph
(2), if the Chairperson determines that—
(A) the implementation of the assistance
plan contained in the application will improve
the effectiveness and efficiency of providing
benefits under the covered program or pro-
grams included in the plan, by reducing admin-
istrative rigidity, duplication, and unnecessary
expenditures;
(B) the applicant has adequately consid-
ered, and the application appropriately address-
es, the effects that the administration of each
covered program included in the plan will have
on the administration of any other such pro-
gram;
(C) the applicant has or is developing data
bases, planning, and evaluation processes that
are adequate for implementing the plan;
(D) implementation of the plan will ade-
quately achieve the purposes of this title and of
such covered program or programs; and
(E) the plan is adequate to ensure that in-
dividuals and families that receive benefits
under the covered program or programs in-
cluded in the plan will continue to receive bene-
fits that meet the needs intended to be met
under the program or programs.
(2) LIMITATIONS.—The Chairperson may not
approve such an application if—
(A) implementation of the assistance plan
contained in the application would result in an
increase in the total amount of obligations or
outlays of discretionary appropriations or direct
spending under the covered program or pro-
grams included in the plan, over the amounts
of such obligations and outlays that would
occur under the program or programs without
implementation of the plan; or
(B) if the plan applies to assistance to a
qualified organization under an eligible Federal
program, the qualified organization does not
consent in writing to the receipt of such assist-
ance in accordance with the plan.
(3) IMPLEMENTATION
PERIOD.—In approving
such an application, the Chairperson shall specify
the period during which the assistance plan con-
tained in the application may be implemented.
(d) WAIVERS.—
(1) IN GENERAL.—Subject to this subsection,
the Chairperson may waive any requirement applica-
ble under Federal law to the administration of, or
provision of benefits under, any covered program in-
cluded in an application approved under this title, if
the waiver is reasonably necessary for the implemen-
tation of the assistance plan contained in the ap-
proved application.
(2) FUNDING
LIMITATION.—This subsection
shall not be construed to authorize the Chairperson
to waive the application to any entity of a provision
of law or regulation applicable to a program if the
waiver would result in net payments by the Federal
Government to the entity under the program for a
fiscal year in excess of the net payments which
would otherwise be so made to the entity.
(3) CIVIL RIGHTS LAWS EXCEPTED.—This sub-
section shall not be construed to authorize the
Chairperson to waive any requirement established by
statute or regulation under—
(A) title VI of the Civil Rights Act of 1964
(42 U.S.C. 2000d et seq.);
(B) section 504 of the Rehabilitation Act
of 1973 (29 U.S.C. 701 et seq.);
(C) title IX of the Education Amendments
of 1972 (86 Stat. 373 et seq.);
(D) the Age Discrimination Act of 1975
(42 U.S.C. 6101 et seq.); or
(E) the Americans With Disabilities Act of
1990.