I 
109TH CONGRESS 
1ST SESSION H. R. 3663 
To amend part A of title IV of the Social Security Act to provide a State 
option to extend current waivers and create additional waiver authority 
under the temporary assistance for needy families program. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 6, 2005 
Mr. WU introduced the following bill; which was referred to the Committee 
on Ways and Means 
A BILL 
To amend part A of title IV of the Social Security Act 
to provide a State option to extend current waivers and 
create additional waiver authority under the temporary 
assistance for needy families program. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. STATE OPTION TO EXTEND CURRENT TANF 
WAIVERS AND CREATION OF NEW WAIVER 
AUTHORITY. 
Section 415 of the Social Security Act (42 U.S.C. 
615) is amended by adding at the end the following: 
‘‘(e) STATE OPTION TO CONTINUE WAIVERS.—
‘‘(1) IN
GENERAL.—Notwithstanding para-
graphs (1)(A) and (2)(A) of subsection (a), or any 
other provision of law, but subject to subsection (g), 
with respect to any State that is operating under a 
waiver described in paragraph (2) which would oth-
erwise expire on a date that occurs during the period 
that begins on January 1, 2002, and ends on Sep-
tember 30, 2010, the State may elect to continue to 
operate under that waiver, on the same terms and 
conditions as applied to the waiver the day before 
the date the waiver would otherwise expire, through 
the earlier of such date as the State may select or 
September 30, 2010. 
‘‘(2) WAIVER
DESCRIBED.—For purposes of 
paragraph (1), a waiver described in this paragraph 
is— 
‘‘(A) a waiver described in subsection (a); 
or 
‘‘(B) a waiver that was granted to a State 
under section 1115 or otherwise and that re-
lates only to the provision of assistance under 
a State program under this part. 
‘‘(f) WAIVER AUTHORITY FOR ALL STATES.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (3) and subsection (g), the Secretary may
waive any statutory or regulatory requirement of 
this part at the request of a State or Indian tribe 
operating a State or tribal program funded under 
this part. 
‘‘(2) REQUEST FOR WAIVER.— 
‘‘(A) IN
GENERAL.—A State or Indian 
tribe that wishes to seek a waiver with respect 
to a State or tribal program funded under this 
part shall submit a waiver request to the Sec-
retary that— 
‘‘(i) describes the Federal statutory or 
regulatory requirements proposed to be 
waived; 
‘‘(ii) describes how the waiving of 
such requirements will improve or enhance 
achievement of 1 or more of the purposes 
of this part; 
‘‘(iii) describes the State’s proposal 
for an independent evaluation of the pro-
gram under the waiver; and 
‘‘(iv) in the case of a State, includes 
a copy and description of relevant State 
statutes and, if applicable, State regula-
tions that would allow the State to imple-
ment the waiver if it were approved by the 
Secretary. 
‘‘(B) NOTICE AND COMMENT.—The Sec-
retary shall provide through the Federal Reg-
ister for a 30-day period for notice and com-
ment on the waiver request, and otherwise con-
sult with members of the public, to solicit com-
ment on the waiver request prior to acting on 
the request. 
‘‘(3) RESTRICTIONS.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
not waive the following statutory sections or 
any regulatory requirements related to such 
sections: 
‘‘(i) Section 401(a). 
‘‘(ii) Paragraphs (1) through (4) of 
section 403(a). 
‘‘(iii) Section 407(e)(2). 
‘‘(iv) Section 407(f). 
‘‘(v) Section 408(d). 
‘‘(vi) Section 409(a)(7). 
‘‘(4) DURATION AND EXTENSION OF WAIVER.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), a waiver approved by the