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Title 42 — The Public Health and Welfare

Part A · Chapter 7 — Social Security

§ 1318. Alternative Federal payment with respect to public assistance expenditures

Statutory text

In the case of any State which has in effect a plan approved under subchapter XIX for any calendar quarter, the total of the payments to which such State is entitled for such quarter, and for each succeeding quarter in the same fiscal year (which for purposes of this section means the 4 calendar quarters ending with September 30), under paragraphs (1) and (2) of sections 303(a),1 1203(a),1 1353(a),1 and 1383(a) 1 of this title shall, at the option of the State, be determined by application of the Federal medical assistance percentage (as defined in section 1396d of this title), instead of the percentages provided under each such section, to the expenditures under its State plans approved under subchapters I, X, XIV, and XVI, which would be included in determining the amounts of the Federal payments to which such State is entitled under such sections, but without regard to any maximum on the dollar amounts per recipient which may be counted under such sections. For purposes of the preceding sentence, the term “Federal medical assistance percentage” shall, in the case of Puerto Rico, the Virgin Islands, and Guam, mean 75 per centum.

Footnotes

  1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Social Security Amendments of 1965

    Pub. L. 89–97 title IV § 411 · 79 Stat. 288

    Enacted · 42 U.S.C. § 1318

    Aug. 14, 1935, ch. 531, title XI, § 1118, as added Pub. L. 89–97, title IV, § 411, July 30, 1965, 79 Stat. 423

    Source evidence

    Code source credit
    Aug. 14, 1935, ch. 531, title XI, § 1118, as added Pub. L. 89–97, title IV, § 411, July 30, 1965, 79 Stat. 423

    Enacted provision · exact public law section
    Sec. 411. federal share of public assistance expenditures Title XI of the Social Security Act is amended by adding 42 USC 1301. at the end thereof (after section 1117, added by section 405 of this Act), the following new section: Ante, p. 420. “Sec. 1118. “alternative federal payment with respect to public assistance expenditures In the case of any State which has in effect a plan approved under title XIX for any calendar quarter, the total of the Ante, p. 343. payments to which such State is entitled for such quarter, and for each succeeding quarter in the same fiscal year (which for purposes of this section means the 4 calendar quarters ending with June 30), under paragraphs (1) and (2) of sections 3(a), 403(a), 1003(a), 1403(a), and 1603(a) shall, at the option of the State, be determined by application of the Federal medical assistance percentage (as defined in section 1905), instead of the percentages provided under each Ante, p. 351. such section, to the expenditures under its State plans approved under titles I, IV, X, XIV, and XVI, which would be included in determining 42 USC 301, 601, 1201, 1351, 1381. the amounts of the Federal payments to which such State is entitled under such sections, but without regard to any maximum on the dollar amounts per recipient which may be counted under such sections.”

  2. Social Security Amendments of 1967

    Pub. L. 90–248 title II § 241(c)(7) · 81 Stat. 821

    Struck and inserted · 42 U.S.C. § 1318

    Pub. L. 90–248 struck out “IV,” after “I,” and inserted “and part A of subchapter IV,” after “XVI”

    Source evidence

    Code amendment note
    Pub. L. 90–248 struck out “IV,” after “I,” and inserted “and part A of subchapter IV,” after “XVI”.

    Enacted provision · exact public law section
    (7) Section 1118 of such Act is amended by striking out “IV,”, and 42 USC 1318. by inserting after “XVI,” the following: “and part A of title IV,”.

  3. Fiscal Year Adjustment Act

    Pub. L. 94–273 § 2(23) · 90 Stat. 375

    Substituted · 42 U.S.C. § 1318

    Pub. L. 94–273 substituted “September” for “June”

    Source evidence

    Code amendment note
    Pub. L. 94–273 substituted “September” for “June”.

    Enacted provision · exact public law section
    (23) sections 217(g)(2)(B), 217(g)(3) and (4), and 1118 of the Social Security Act (42 U.S.C. 417(g)(2)(B), 417(g)(3) and (4), 1318);

  4. Pub. L. 95–600 title VIII § 802(a) · 92 Stat. 2763

    Inserted · 42 U.S.C. § 1318

    Pub. L. 95–600, inserted provision relating to definition of “Federal medical assistance percentage” in the case of Puerto Rico, the Virgin Islands, and Guam

    Source evidence

    Code amendment note
    Pub. L. 95–600, inserted provision relating to definition of “Federal medical assistance percentage” in the case of Puerto Rico, the Virgin Islands, and Guam.

    Enacted provision · exact public law section
    (a) Public Assistance Matching Formula.— Section 1118 of the 42 USC 1318. Social Security Act is amended by adding at the end thereof the following new sentence: “For purposes of the preceding sentence, the term ‘Federal medical assistance percentage’ shall, in the case of Puerto Rico, the Virgin Islands, and Guam, mean 75 per centum when applied to quarters in the fiscal year ending September 30, 1979.”.

  5. Adoption Assistance and Child Welfare Act of 1980

    Pub. L. 96–272 title III § 305(c) · 94 Stat. 500

    Struck · 42 U.S.C. § 1318

    Pub. L. 96–272 struck out “when applied to quarters in the fiscal year ending September 30, 1979” after “means 75 per centum”

    Source evidence

    Code amendment note
    Pub. L. 96–272 struck out “when applied to quarters in the fiscal year ending September 30, 1979” after “means 75 per centum”.

    Enacted provision · exact public law section
    (c) The last sentence of section 1118 of such Act is amended by striking out “when applied to quarters in the fiscal year ending September 30, 1979”.

  6. Family Support Act of 1988

    Pub. L. 100–485 title VI § 601(c)(3) · 102 Stat. 2343

    Inserted · 42 U.S.C. § 1318

    Pub. L. 100–485 inserted before period at end “, and shall, in the case of American Samoa, mean 75 per centum with respect to part A of subchapter IV”

    Source evidence

    Code amendment note
    Pub. L. 100–485 inserted before period at end “, and shall, in the case of American Samoa, mean 75 per centum with respect to part A of subchapter IV”.

    Enacted provision · exact public law section
    (3) The last sentence of section 1118 of such Act (42 U.S.C. 1318) is amended by inserting before the period the following: “, and shall, in the case of American Samoa, mean 75 per centum with respect to part A of title IV”.

  7. Personal Responsibility and Work Opportunity Reconciliation Act of 1996

    Pub. L. 104–193 title I § 108(g)(4) · 110 Stat. 2105

    Struck · 42 U.S.C. § 1318

    Pub. L. 104–193 struck out “603(a),” before “1203(a),”, “and part A of subchapter IV,” after “XVI,”, and “, and shall, in the case of American Samoa, mean 75 per centum with respect to part A of subchapter IV” after “the Virgin Islands, and Guam, mean 75 per centum”

    Source evidence

    Code amendment note
    Pub. L. 104–193 struck out “603(a),” before “1203(a),”, “and part A of subchapter IV,” after “XVI,”, and “, and shall, in the case of American Samoa, mean 75 per centum with respect to part A of subchapter IV” after “the Virgin Islands, and Guam, mean 75 per centum”.

    Enacted provision · exact public law section
    (4) Section 1118 (42 U.S.C. 1318) is amended— (A) by striking “403(a),”; (B) by striking “and part A of title IV,”; and (C) by striking “, and shall, in the case of American Samoa, mean 75 per centum with respect to part A of title IV”.

    Effective date note
    Amendment by Pub. L. 104–193 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, set out as an Effective Date note under section 601 of this title.

7 of 7 references resolved to an enrolled provision

Editorial Notes

References in Text

Paragraph (1) of sections 303(a), 1203(a), and 1353(a) of this title, referred to in text, were repealed by Pub. L. 97–35, title XXI, § 2184(a)(4)(A), (c)(2)(A), , 95 Stat. 816, 817.

Section 1383(a) of this title, referred to in text, is a reference to section 1383(a) of this title as it existed prior to the general revision of subchapter XVI of this chapter by Pub. L. 92–603, title III, § 301, , 86 Stat. 1465, eff. . The prior section (which is set out as a note under section 1383 of this title) continues in effect for Puerto Rico, Guam, and the Virgin Islands.

Amendments1968–1996 · 6 rounds

1996

Pub. L. 104–193 struck out “603(a),” before “1203(a),”, “and part A of subchapter IV,” after “XVI,”, and “, and shall, in the case of American Samoa, mean 75 per centum with respect to part A of subchapter IV” after “the Virgin Islands, and Guam, mean 75 per centum”.

1988

Pub. L. 100–485 inserted before period at end “, and shall, in the case of American Samoa, mean 75 per centum with respect to part A of subchapter IV”.

1980

Pub. L. 96–272 struck out “when applied to quarters in the fiscal year ending ” after “means 75 per centum”.

1978

Pub. L. 95–600, inserted provision relating to definition of “Federal medical assistance percentage” in the case of Puerto Rico, the Virgin Islands, and Guam.

1976

Pub. L. 94–273 substituted “September” for “June”.

1968

Pub. L. 90–248 struck out “IV,” after “I,” and inserted “and part A of subchapter IV,” after “XVI”.

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

Amendment by Pub. L. 104–193 effective , 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, set out as an Effective Date note under section 601 of this title.

Effective Date of 1988 Amendment

Amendment by Pub. L. 100–485 effective , see section 601(d) of Pub. L. 100–485, set out as an Effective and Termination Dates of 1988 Amendment note under section 1301 of this title.

Credits

1935–1996 · 7 acts
  1. 1935Aug. 14, 1935, ch. 531, title XI, § 1118, as added Pub. L. 89–97, title IV, § 411, , 79 Stat. 423
  2. 1968amended Pub. L. 90–248, title II, § 241(c)(7), , 81 Stat. 917
  3. 1976Pub. L. 94–273, § 2(23), , 90 Stat. 376
  4. 1978Pub. L. 95–600, title VIII, § 802(a), , 92 Stat. 2945
  5. 1980Pub. L. 96–272, title III, § 305(c), , 94 Stat. 530
  6. 1988Pub. L. 100–485, title VI, § 601(c)(3), , 102 Stat. 2408
  7. 1996Pub. L. 104–193, title I, § 108(g)(4), , 110 Stat. 2168.
Show as published

(Aug. 14, 1935, ch. 531, title XI, § 1118, as added Pub. L. 89–97, title IV, § 411, , 79 Stat. 423; amended Pub. L. 90–248, title II, § 241(c)(7), , 81 Stat. 917; Pub. L. 94–273, § 2(23), , 90 Stat. 376; Pub. L. 95–600, title VIII, § 802(a), , 92 Stat. 2945; Pub. L. 96–272, title III, § 305(c), , 94 Stat. 530; Pub. L. 100–485, title VI, § 601(c)(3), , 102 Stat. 2408; Pub. L. 104–193, title I, § 108(g)(4), , 110 Stat. 2168.)

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