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Title 42 — The Public Health and Welfare

Chapter 7 — Social Security

§ 303. Payments to States and certain territories; computation of amount; eligibility of State to receive payment

Statutory text

(a)

Computation of amounts

From the sums appropriated therefor, the Secretary of the Treasury shall pay to each State which has a plan approved under this subchapter, for each quarter, beginning with the quarter commencing —

(1)

Repealed. Pub. L. 97–35, title XXI, § 2184(a)(4)(A), , 95 Stat. 816.

(2)

in the case of Puerto Rico, the Virgin Islands, and Guam, an amount equal to one-half of the total of the sums expended during such quarter as old-age assistance under the State plan, not counting so much of any expenditure with respect to any month as exceeds $37.50 multiplied by the total number of recipients of old-age assistance for such month; plus

(3)

Repealed. Pub. L. 97–35, title XXI, § 2184(a)(4)(A), , 95 Stat. 816.

(4)

in the case of any State, an amount equal to 50 percent of the total amounts expended during such quarter as found necessary by the Secretary for the proper and efficient administration of the State plan.

(b)

Method of computing and paying amounts

The method of computing and paying such amounts shall be as follows:

(1)

The Secretary of Health and Human Services shall, prior to the beginning of each quarter, estimate the amount to be paid to the State for such quarter under the provisions of subsection (a), such estimate to be based on (A) a report filed by the State containing its estimate of the total sum to be expended in such quarter in accordance with the provisions of such subsection, and stating the amount appropriated or made available by the State and its political subdivisions for such expenditures in such quarter, and if such amount is less than the State’s proportionate share of the total sum of such estimated expenditures, the source or sources from which the difference is expected to be derived, (B) records showing the number of aged individuals in the State, and (C) such other investigation as the Secretary of Health and Human Services may find necessary.

(2)

The Secretary of Health and Human Services shall then certify to the Secretary of the Treasury the amount so estimated by the Secretary of Health and Human Services, (A) reduced or increased, as the case may be, by any sum by which he finds that his estimate for any prior quarter was greater or less than the amount which should have been paid to the State under subsection (a) for such quarter, and (B) reduced by a sum equivalent to the pro rata share to which the United States is equitably entitled, as determined by the Secretary of Health and Human Services, of the net amount recovered during any prior quarter by the State or any political subdivision thereof with respect to assistance furnished under the State plan; except that such increases or reductions shall not be made to the extent that such sums have been applied to make the amount certified for any prior quarter greater or less than the amount estimated by the Secretary of Health and Human Services for such prior quarter: Provided, That any part of the amount recovered from the estate of a deceased recipient which is not in excess of the amount expended by the State or any political subdivision thereof for the funeral expenses of the deceased shall not be considered as a basis for reduction under clause (B) of this paragraph.

(3)

The Secretary of the Treasury shall thereupon, through the Fiscal Service of the Treasury Department and prior to audit or settlement by the Government Accountability Office, pay to the State, at the time or times fixed by the Secretary of Health and Human Services, the amount so certified.

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. Pub. L. 74–531 · 49 Stat. 620

    Enacted · 42 U.S.C. § 303

    Aug. 14, 1935, ch. 531, title I, § 3, 49 Stat. 621

    Source evidence

    Code source credit
    Aug. 14, 1935, ch. 531, title I, § 3, 49 Stat. 621

  2. Public Law not identified

    Changed · 42 U.S.C. § 303(a)

    Subsec. (a). Act Aug. 10, 1946, § 501(a), temporarily increased maximum monthly State expenditure for an individual to which Federal Government will contribute from $40 to $45, increased Federal contribution for assistance from one-half the State’s expenditure to two-thirds the State’s expenditure up to $15 monthly per individual plus one-half the State’s expenditure over $15 and changed the Federal contribution for administration from 5 percent of Federal contribution for assistance to one-half the State expenditure for administration. See Effective and Termination Date of 1946 Amendment note below

    Unresolved: No Public Law or Statutes at Large citation in the Code source.

    Source evidence

    Code amendment note
    Subsec. (a). Act Aug. 10, 1946, § 501(a), temporarily increased maximum monthly State expenditure for an individual to which Federal Government will contribute from $40 to $45, increased Federal contribution for assistance from one-half the State’s expenditure to two-thirds the State’s expenditure up to $15 monthly per individual plus one-half the State’s expenditure over $15 and changed the Federal contribution for administration from 5 percent of Federal contribution for assistance to one-half the State expenditure for administration. See Effective and Termination Date of 1946 Amendment note below.

  3. Public Law not identified

    1. Substituted · 42 U.S.C. § 303(b)

      Subsec. (b). Act Aug. 10, 1946, § 501(b), temporarily changed references to cl. (1) of subsec. (a) to refer to entire subsection, substituted “the State’s proportionate share” for “one-half” in par. (1)

    2. Struck · 42 U.S.C. § 303(b)

      Subsec. (b). Act Aug. 10, 1946, § 501(b), temporarily changed references to cl. (1) of subsec. (a) to refer to entire subsection, struck out “increased by 5 per centum” at end of par. (3). See Effective and Termination Date of 1986 Amendment note below

    Unresolved: No Public Law or Statutes at Large citation in the Code source.

    Source evidence

    Code amendment note
    Subsec. (b). Act Aug. 10, 1946, § 501(b), temporarily changed references to cl. (1) of subsec. (a) to refer to entire subsection, substituted “the State’s proportionate share” for “one-half” in par. (1) and struck out “increased by 5 per centum” at end of par. (3). See Effective and Termination Date of 1986 Amendment note below.

  4. Public Law not identified

    Substituted · 42 U.S.C. § 303(a)

    Subsec. (a). Act June 14, 1948, substituted $50 for $45 and $20 for $15

    Unresolved: No Public Law or Statutes at Large citation in the Code source.

    Source evidence

    Code amendment note
    Subsec. (a). Act June 14, 1948, substituted $50 for $45 and $20 for $15.

  5. Public Law not identified

    Changed · 42 U.S.C. § 303(a)

    Subsec. (a). Act July 18, 1952, increased Federal share of State’s average monthly payment to four-fifths of the first $25 plus one-half of the remainder within individual maximums of $55, and changed formulas for computing Federal share of public assistance for Puerto Rico and Virgin Islands

    Unresolved: No Public Law or Statutes at Large citation in the Code source.

    Source evidence

    Code amendment note
    Subsec. (a). Act July 18, 1952, increased Federal share of State’s average monthly payment to four-fifths of the first $25 plus one-half of the remainder within individual maximums of $55, and changed formulas for computing Federal share of public assistance for Puerto Rico and Virgin Islands.

  6. Public Law not identified

    1. Substituted · 42 U.S.C. § 303(b)

      Subsec. (b). Act Sept. 1, 1954, § 303(b), substituted “subsection (a)” for “clause (1) of subsection (a)”, wherever appearing

    2. Substituted · 42 U.S.C. § 303(b)

      Subsec. (b). Act Sept. 1, 1954, § 303(b), substituted “such subsection” for “such clause” in par. (1)

    3. Struck · 42 U.S.C. § 303(b)

      Subsec. (b). Act Sept. 1, 1954, § 303(b), struck out “increased by five per centum” at end of par. (3)

    Unresolved: No Public Law or Statutes at Large citation in the Code source.

    Source evidence

    Code amendment note
    Subsec. (b). Act Sept. 1, 1954, § 303(b), substituted “subsection (a)” for “clause (1) of subsection (a)”, wherever appearing, substituted “such subsection” for “such clause” in par. (1), and struck out “increased by five per centum” at end of par. (3).

  7. Public Law not identified

    Substituted · 42 U.S.C. § 303(b)(1)

    Subsec. (b)(1). Act Sept. 1, 1954, § 303(a), substituted “the State’s proportionate share” for “one-half”

    Unresolved: No Public Law or Statutes at Large citation in the Code source.

    Source evidence

    Code amendment note
    Subsec. (b)(1). Act Sept. 1, 1954, § 303(a), substituted “the State’s proportionate share” for “one-half”.

  8. Public Law not identified

    1. Substituted · 42 U.S.C. § 303(a)

      Subsec. (a). Act Aug. 1, 1956, § 301, substituted “during such quarter as old-age assistance in the form of money payments under the State plan” for “during such quarter as old-age assistance under the State plan” in par. (A) of cl. (1)

    2. Substituted · 42 U.S.C. § 303(a)

      Subsec. (a). Act Aug. 1, 1956, § 301, substituted “who received old-age assistance in the form of money payments for such month” for “who received old-age assistance for such month” in par. (A) of cl. (1)

    3. Inserted · 42 U.S.C. § 303(a)

      Subsec. (a). Act Aug. 1, 1956, § 301, inserted cl. (4)

    Unresolved: No Public Law or Statutes at Large citation in the Code source.

    Source evidence

    Code amendment note
    Subsec. (a). Act Aug. 1, 1956, § 301, substituted “during such quarter as old-age assistance in the form of money payments under the State plan” for “during such quarter as old-age assistance under the State plan” in cls. (1) and (2), “who received old-age assistance in the form of money payments for such month” for “who received old-age assistance for such month” in par. (A) of cl. (1), and inserted cl. (4).

    Act Aug. 1, 1956, § 311(c), struck out “, which shall be used exclusively as old-age assistance,” after “the Virgin Islands, an amount” in cls. (1) and (2), and substituted “including services which are provided by the staff of the State agency (or of the local agency administering the State plan in the political subdivision) to applicants for and recipients of old-age assistance to help them attain self-care” for “which amount shall be used for paying the costs of administering the State plan or for old-age assistance, or both, and for no other purpose” in cl. (3). Act Aug. 1, 1956, § 341, substituted “October 1, 1956” for “October 1, 1952”, struck out “, which shall be used exclusively as old-age assistance,” after “the Virgin Islands, an amount”, and substituted “$60” for “$55”, in cl. (1), substituted “the product of $30” for “the product of $25” in par. (A) of cl. (1), and “including services which are provided by the staff of the State agency (or of the local agency administering the State plan in the political subdivision) to applicants for and recipients of old-age assistance to help them attain self-care” for “which amount shall be used for paying the costs of administering the State plan or for old-age assistance, or both, and for no other purpose” in cl. (3).

  9. Social Security Amendments of 1958

    Pub. L. 85–840 title V § 501 · 72 Stat. 1013

    Changed · 42 U.S.C. § 303(a)

    Pub. L. 85–840 increased payments to the States to four-fifths of the first $30 of the average monthly payment per recipient, including assistance in the form of money payments and in the form of medical or any other type of remedial care, plus Federal percentage of the amount by which the expenditures exceed the maximum which may be counted under cl. (A), but excluding that part of the average monthly payment per recipient in excess of $65, increased average monthly payment to Puerto Rico and the Virgin Islands from $30 to $35, excluded Guam from provisions which authorize an average monthly payment of $65 and included Guam within provisions which authorize an average monthly payment of $35, and permitted the counting of individuals with respect to whom expenditures were made as old-age assistance in the form of medical or any other type of remedial care in determining the total number of recipients

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 85–840 increased payments to the States to four-fifths of the first $30 of the average monthly payment per recipient, including assistance in the form of money payments and in the form of medical or any other type of remedial care, plus Federal percentage of the amount by which the expenditures exceed the maximum which may be counted under cl. (A), but excluding that part of the average monthly payment per recipient in excess of $65, increased average monthly payment to Puerto Rico and the Virgin Islands from $30 to $35, excluded Guam from provisions which authorize an average monthly payment of $65 and included Guam within provisions which authorize an average monthly payment of $35, and permitted the counting of individuals with respect to whom expenditures were made as old-age assistance in the form of medical or any other type of remedial care in determining the total number of recipients.

    Enacted provision · exact public law section
    Sec. 501. old-age assistance Subsection (a) of section 3 of the Social Security Act is 42 USC 303. amended to read as follows: “(a) From the sums appropriated therefor, the Secretary of the Treasury shall pay to each State which has an approved plan for old-age assistance, for each quarter, beginning with the quarter commencing October 1, 1958, (1) in the case of any State other than Puerto Rico, the Virgin Islands, and Guam, an amount equal to the sum of the following proportions of the total amounts expended during such quarter as old-age assistance under the State plan (including expenditures for insurance premiums for medical or any other type of remedial care or the cost thereof)— “(A) four-fifths of such expenditures, not counting so much of any expenditure with respect to any month as exceeds the product of $30 multiplied by the total number of recipients of old-age assistance for such month (which total number, for purposes of this subsection, means (i) the number of individuals who received old-age assistance in the form of money payments for such month, plus (ii) the number of other individuals with respect to whom expenditures were made in such month as old-age assistance in the form of medical or any other type of remedial care); plus “(B) the Federal percentage of the amount by which such expenditures exceed the maximum which may be counted under clause (A), not counting so much of any expenditure with respect to any month as exceeds the product of $65 multiplied by the total number of such recipients of old-age assistance for such month; and (2) in the case of Puerto Rico, the Virgin Islands, and Guam, an amount equal to one-half of the total of the sums expended during such quarter as old-age assistance under the State plan (including expenditures for insurance premiums for medical or any other type of remedial care or the cost thereof), not counting so much of any expenditure with respect to any month as exceeds $35 multiplied by the total number of recipients of old-age assistance for such month; and (3) in the case of any State, an amount equal to one-half of the total of the sums expended during such quarter as found necessary by the Secretary of Health, Education, and Welfare for the proper and efficient administration of the State plan, including services which are provided by the staff of the State agency (or of the local agency administering the State plan in the political subdivision) to applicants for and recipients of old-age assistance to help them attain self-care.”

  10. Social Security Amendments of 1960

    Pub. L. 86–778 § 601(c) · 74 Stat. 924

    Added · 42 U.S.C. § 303(a)

    Pub. L. 86–778, § 601(c), added pars. (1)(C), (2)(B), and (3)

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 86–778, § 601(c), added pars. (1)(C), (2)(B), and (3).

    Enacted provision · exact public law section
    (c) Section 3(a) of such Act is amended to read as follows: 42 USC 303. “Sec. 3. (a) From the sums appropriated therefor, the Secretary of the Treasury shall pay to each State which has a plan approved under this title, for each quarter, beginning with the quarter commencing October 1, 1960— “(1) in the case of any State other than Puerto Rico, the Virgin Islands, and Guam, an amount equal to the sum of the following proportions of the total amounts expended during such quarter as old-age assistance under the State plan (including expenditures for insurance premiums for medical or any other type of remedial care or the cost thereof)— “(A) four-fifths of such expenditures, not counting so much of any expenditure with respect to any month as exceeds the product of $30 multiplied by the total number of recipients of old-age assistance for such month (which total number, for purposes of this subsection, means (i) the number of individuals who received old-age assistance in the form of money payments for such month, plus (ii) the number of other individuals with respect to whom expenditures were made in such month as old-age assistance in the form of medical or any other type of remedial care); plus “(B) the Federal percentage (as defined in section 1101(a)(8)) Post, p. 992. of the amount by which such expenditures exceed the maximum which may be counted under clause (A), not counting so much of any expenditure with respect to any month as exceeds the product of $65 multiplied by the total number of such recipients of old-age assistance for such month; plus “(C) the larger of the following: (i) the Federal medical percentage (as defined in section 6(c)) of the amount by which such expenditures exceed the maximum which may be counted under clause (B), not counting so much of any expenditure with respect to any month as exceeds (I) the product of $77 multiplied by the total number of such recipients of old-age assistance for such month, or (II) if smaller, the total expended as old-age assistance in the form of medical or any other type of remedial care with respect to such month plus the product of $65 multiplied by such total number of such recipients, or (ii) 15 per centum of the total of the sums expended during such quarter as old-age assistance under the State plan in the form of medical or any other type of remedial care, not counting so much of any expenditure with respect to any month as exceeds the product of $12 multiplied by the total number of such recipients of old-age assistance for such month; and “(2) in the case of Puerto Rico, the Virgin Islands, and Guam, an amount equal to— “(A) one-half of the total of the sums expended during such quarter as old-age assistance under the State plan (including expenditures for insurance premiums for medical or any other type of remedial care or the cost thereof), not counting so much of any expenditure with respect to any month as exceeds $35 multiplied by the total number of recipients of old-age assistance for such month; plus “(B) the larger of the following amounts: (i) one-half of the amount by which such expenditures exceed the maximum which may be counted under clause (A), not counting so much of any expenditure with respect to any month as exceeds (I) the product of $41 multiplied by the total number of such recipients of old-age assistance for such month, or (II) if smaller, the total expended as old-age assistance in the form of medical or any other type of remedial care with respect to such month plus the product of $35 multiplied by the total number of such recipients, or (ii) 15 per centum of the total of the sums expended during such quarter as old-age assistance under the State plan in the form of medical or any other type of remedial care, not counting so much of any expenditure with respect to any month as exceeds the product of $6 multiplied by the total number of such recipients of old-age assistance for such month; and “(3) in the case of any State, an amount equal to the Federal medical percentage (as defined in section 6(c)) of the total amounts expended during such quarter as medical assistance for the aged under the State plan (including expenditures for insurance premiums for medical or any other type of remedial care or the cost thereof); and “(4) in the case of any State, an amount equal to one-half of the total of the sums expended during such quarter as found necessary by the Secretary of Health, Education, and Welfare for the proper and efficient administration of the State plan, including services which are provided by the staff of the State agency (or of the local agency administering the State plan in the political subdivision) to applicants for and recipients of old-age assistance to help them attain self-care.”

  11. Social Security Amendments of 1960

    Pub. L. 86–778 § 601(d) · 74 Stat. 924

    Substituted · 42 U.S.C. § 303(b)(2)

    Pub. L. 86–778, § 601(d), substituted “assistance furnished under the State plan” for “old-age assistance furnished under the State plan” in cl. (B)

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 86–778, § 601(d), substituted “assistance furnished under the State plan” for “old-age assistance furnished under the State plan” in cl. (B).

    Enacted provision · exact public law section
    (d) Section 3(b)(2)(B) of such Act is amended by striking out “old-age assistance” and inserting in lieu thereof “assistance”.

  12. Pub. L. 87–31 § 5(a) · 75 Stat. 75

    Substituted · 42 U.S.C. § 303(a)(1)

    Pub. L. 87–31, § 5(a), substituted “$80” and “$15” for “$77” and “$12”, respectively, in subpar. (C)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 87–31, § 5(a), substituted “$80” and “$15” for “$77” and “$12”, respectively, in subpar. (C).

    Enacted provision · exact public law section
    (a) Subparagraph (C) of section 3(a)(1) of the Social Security Act is amended by striking out “$77” and “$12” and inserting 74 Stat. 990. 42 USC 303. in lieu thereof “$80“ and “$15”, respectively.

  13. Pub. L. 87–31 § 5(b) · 75 Stat. 75

    Substituted · 42 U.S.C. § 303(a)(2)

    Pub. L. 87–31, § 5(b), substituted “$42.50” and “$7.50” for “$41” and “$6”, respectively, in subpar. (B)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 87–31, § 5(b), substituted “$42.50” and “$7.50” for “$41” and “$6”, respectively, in subpar. (B).

    Enacted provision · exact public law section
    (b) Subparagraph (B) of section 3(a)(2) of such Act is amended by striking out “$41” and “$6” and inserting in lieu thereof “$42.50” and “$7.50”, respectively.

  14. Social Security Amendments of 1961

    Pub. L. 87–64 § 303(a)(1) · 75 Stat. 131

    1. Substituted · 42 U.S.C. § 303(a)(1)

      Pub. L. 87–64, § 303(a)(1), substituted “$31” for “$30” in subpar. (C)

    2. Substituted · 42 U.S.C. § 303(a)(1)

      Pub. L. 87–64, § 303(a)(1), substituted “$66” for “$65” in subpar. (C)

    3. Substituted · 42 U.S.C. § 303(a)(1)

      Pub. L. 87–64, § 303(a)(1), substituted “$81” for “$80” in subpar. (C)

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 87–64, § 303(a)(1), substituted “$31” for “$30” in subpar. (A), “$66” for “$65” in subpar. (B), and “$81” for “$80” and “$66” for “$65” in subpar. (C).

    Enacted provision · exact public law section
    (1) Section 3(a)(1) of the Social Security Act is 74 Stat. 989. 42 USC 303. amended— (A) by striking out “$30” and inserting in lieu thereof “$31”; (B) by striking out “$65” each place it appears therein and inserting in lieu thereof “$66”; and (C) by striking out “$80” and inserting in lieu thereof “$81”. Ante, p. 77.

  15. Social Security Amendments of 1961

    Pub. L. 87–64 § 303(a)(2) · 75 Stat. 131

    1. Substituted · 42 U.S.C. § 303(a)(2)

      Pub. L. 87–64, § 303(a)(2), substituted “$35.50” for “$35” in subpar. (B)

    2. Substituted · 42 U.S.C. § 303(a)(2)

      Pub. L. 87–64, § 303(a)(2), substituted “$43” for “$42.50” in subpar. (B)

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 87–64, § 303(a)(2), substituted “$35.50” for “$35” in subpar. (A), and “$35.50” for “$35” and “$43” for “$42.50” in subpar. (B).

    Enacted provision · exact public law section
    (2) Section 3(a)(2) of such Act is amended— (A) by striking out “$35” each place it appears therein and inserting in lieu thereof “$35.50”; and (B) by striking out “$42.50” and inserting in lieu thereof Ante, p. 77. “$43”.

  16. Pub. L. 87–543 § 132(a) · 76 Stat. 172

    1. Substituted · 42 U.S.C. § 303(a)(1)

      Pub. L. 87–543, § 132(a), substituted “29⁄35” and “$35” for “four-fifths” “$66”, respectively, in subpar. (C)

    2. Substituted · 42 U.S.C. § 303(a)(1)

      Pub. L. 87–543, § 132(a), substituted “29⁄35” and “$70” for “$66” “$66”, respectively, in subpar. (C)

    3. Substituted · 42 U.S.C. § 303(a)(1)

      Pub. L. 87–543, § 132(a), substituted “29⁄35” and “$70” for “$81” “$66”, respectively, in subpar. (C)

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 87–543, § 132(a), substituted “29⁄35” and “$35” for “four-fifths” and “$31”, respectively, in subpar. (A), “$70” for “$66” in subpar. (B), and “$85” and “$70” for “$81” and “$66”, respectively, in subpar. (C).

    Enacted provision · exact public law section
    (a) Paragraphs (1) and (2) of section 3(a) of the Social Security Act are amended to read as follows: 72 Stat. 1047; 75 Stat. 143. 42 USC 303. “(1) in the case of any State other than Puerto Rico, the Virgin Islands, and Guam, an amount equal to the sum of the following proportions of the total amounts expended during such quarter as old-age assistance under the State plan (including expenditures for insurance premiums for medical or any other type of remedial care or the cost thereof)— “(A) 29/35 of such expenditures, not counting so much of any expenditure with respect to any month as exceeds the product of $35 multiplied by the total number of recipients of old-age assistance for such month (which total number, for purposes of this subsection, means (i) the number of individuals who received old-age assistance in the form of money payments for such month, plus (ii) the number of other individuals with respect to whom expenditures were made in such month as old-age assistance in the form of medical or any other type of remedial care); plus “(B) the Federal percentage (as defined in section 1101(a)(8)) 72 Stat. 1050. 42 USC 1301. of the amount by which such expenditures exceed the maximum which may be counted under clause (A), not counting so much of any expenditure with respect to any month as exceeds the product of $70 multiplied by the total number of such recipients of old-age assistance for such month; plus “(C) the larger of the following: (i) the Federal medical percentage (as defined in section 6(c)) of the amount by which such expenditures exceed the maximum which may be counted under clause (B), not counting so much of any expenditure with respect to any month as exceeds (I) the product of $85 multiplied by the total number of such recipients of old-age assistance for such month, or (II) if smaller, the total expended as old-age assistance in the form of medical or any other type of remedial care with respect to such month plus the product of $70 multiplied by such total number of such recipients, or (ii) 15 per centum of the total of the sums expended during such quarter as old-age assistance under the State plan in the form of medical or any other type of remedial care, not counting so much of any expenditure with respect to any month as exceeds the product of $15 multiplied by the total number of such recipients of old-age assistance for such month; “(2) in the case of Puerto Rico, the Virgin Islands, and Guam, an amount equal to— “(A) one-half of the total of the sums expended during such quarter as old-age assistance under the State plan (including expenditures for insurance premiums for medical or any other type of remedial care or the cost thereof), not counting so much of any expenditure with respect to any month as exceeds $37.50 multiplied by the total number of recipients of old-age assistance for such month; plus “(B) the larger of the following amounts: (i) one-half of the amount by which such expenditures exceed the maximum which may be counted under clause (A), not counting so much of any expenditure with respect to any month as exceeds (I) the product of $45 multiplied by the total number of such recipients of old-age assistance for such month, or (II) if smaller, the total expended as old-age assistance in the form of medical or any other type of remedial care with respect to Such month plus the product of $37.50 multiplied by the total number of such recipients, or (ii) 15 per centum of the total of the sums expended during such quarter as old-age assistance under the State plan in the form of medical or any other type of remedial care, not counting so much of any expenditure with respect to any month as exceeds the product of $7.50 multiplied by the total number of such recipients of old-age assistance for such month;”.

  17. Pub. L. 87–543 § 132(a) · 76 Stat. 172

    1. Substituted · 42 U.S.C. § 303(a)(2)

      Pub. L. 87–543, § 132(a), substituted “$37.50” for “$35.50” “$35.50”, respectively, in subpar. (B)

    2. Substituted · 42 U.S.C. § 303(a)(2)

      Pub. L. 87–543, § 132(a), substituted “$37.50” for “$43” “$35.50”, respectively, in subpar. (B)

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 87–543, § 132(a), substituted “$37.50” for “$35.50”, in subpar. (A) and “$45” and “$37.50” for “$43” and “$35.50”, respectively, in subpar. (B).

    Enacted provision · exact public law section
    (a) Paragraphs (1) and (2) of section 3(a) of the Social Security Act are amended to read as follows: 72 Stat. 1047; 75 Stat. 143. 42 USC 303. “(1) in the case of any State other than Puerto Rico, the Virgin Islands, and Guam, an amount equal to the sum of the following proportions of the total amounts expended during such quarter as old-age assistance under the State plan (including expenditures for insurance premiums for medical or any other type of remedial care or the cost thereof)— “(A) 29/35 of such expenditures, not counting so much of any expenditure with respect to any month as exceeds the product of $35 multiplied by the total number of recipients of old-age assistance for such month (which total number, for purposes of this subsection, means (i) the number of individuals who received old-age assistance in the form of money payments for such month, plus (ii) the number of other individuals with respect to whom expenditures were made in such month as old-age assistance in the form of medical or any other type of remedial care); plus “(B) the Federal percentage (as defined in section 1101(a)(8)) 72 Stat. 1050. 42 USC 1301. of the amount by which such expenditures exceed the maximum which may be counted under clause (A), not counting so much of any expenditure with respect to any month as exceeds the product of $70 multiplied by the total number of such recipients of old-age assistance for such month; plus “(C) the larger of the following: (i) the Federal medical percentage (as defined in section 6(c)) of the amount by which such expenditures exceed the maximum which may be counted under clause (B), not counting so much of any expenditure with respect to any month as exceeds (I) the product of $85 multiplied by the total number of such recipients of old-age assistance for such month, or (II) if smaller, the total expended as old-age assistance in the form of medical or any other type of remedial care with respect to such month plus the product of $70 multiplied by such total number of such recipients, or (ii) 15 per centum of the total of the sums expended during such quarter as old-age assistance under the State plan in the form of medical or any other type of remedial care, not counting so much of any expenditure with respect to any month as exceeds the product of $15 multiplied by the total number of such recipients of old-age assistance for such month; “(2) in the case of Puerto Rico, the Virgin Islands, and Guam, an amount equal to— “(A) one-half of the total of the sums expended during such quarter as old-age assistance under the State plan (including expenditures for insurance premiums for medical or any other type of remedial care or the cost thereof), not counting so much of any expenditure with respect to any month as exceeds $37.50 multiplied by the total number of recipients of old-age assistance for such month; plus “(B) the larger of the following amounts: (i) one-half of the amount by which such expenditures exceed the maximum which may be counted under clause (A), not counting so much of any expenditure with respect to any month as exceeds (I) the product of $45 multiplied by the total number of such recipients of old-age assistance for such month, or (II) if smaller, the total expended as old-age assistance in the form of medical or any other type of remedial care with respect to Such month plus the product of $37.50 multiplied by the total number of such recipients, or (ii) 15 per centum of the total of the sums expended during such quarter as old-age assistance under the State plan in the form of medical or any other type of remedial care, not counting so much of any expenditure with respect to any month as exceeds the product of $7.50 multiplied by the total number of such recipients of old-age assistance for such month;”.

  18. Pub. L. 87–543 § 101(a)(1) · 76 Stat. 172

    1. Inserted · 42 U.S.C. § 303(a)(4)

      Pub. L. 87–543, § 101(a)(1), (b)(1)(A), inserted in opening provisions “whose State plan approved under section 302 of this title meets the requirements of subsection (c) of this section” after “any State”

    2. Substituted · 42 U.S.C. § 303(a)(4)

      Pub. L. 87–543, § 101(a)(1), (b)(1)(A), substituted provisions which increased the Federal share of expenses of administration of State public assistance plans by providing quarterly payments of the sum of 75 per centum of the quarterly expenses for certain prescribed services to help attain and retain capability for self-care, services likely to prevent or reduce dependency, and services appropriate for individuals who were or are likely to become applicants for or recipients of assistance and request such services, and training of State or local public assistance personnel administering such plans and one-half of other administrative expenses for other services, permitted State health or vocational rehabilitation or other appropriate State agencies to furnish such services, except vocational rehabilitation services, and required the determination of the portion of expenses covered by the 75 and 50 per centum provisions in accordance with methods and procedures permitted by the Secretary for former provisions requiring quarterly payments of one-half of quarterly expenses of administration of State plans, including staff services of State or local public assistance agencies to applicants for and recipients of old-age assistance to help them attain self-care

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 87–543, § 101(a)(1), (b)(1)(A), inserted in opening provisions “whose State plan approved under section 302 of this title meets the requirements of subsection (c) of this section” after “any State”, and substituted provisions which increased the Federal share of expenses of administration of State public assistance plans by providing quarterly payments of the sum of 75 per centum of the quarterly expenses for certain prescribed services to help attain and retain capability for self-care, services likely to prevent or reduce dependency, and services appropriate for individuals who were or are likely to become applicants for or recipients of assistance and request such services, and training of State or local public assistance personnel administering such plans and one-half of other administrative expenses for other services, permitted State health or vocational rehabilitation or other appropriate State agencies to furnish such services, except vocational rehabilitation services, and required the determination of the portion of expenses covered by the 75 and 50 per centum provisions in accordance with methods and procedures permitted by the Secretary for former provisions requiring quarterly payments of one-half of quarterly expenses of administration of State plans, including staff services of State or local public assistance agencies to applicants for and recipients of old-age assistance to help them attain self-care.

    Enacted provision · exact public law section
    (1) Section 3(a) of the Social Security Act is amended 74 Stat. 989. 42 USC 303. Post, P. 179. by striking out paragraph (4) and inserting in lieu thereof the following: “(4) in the case of any State, an amount equal to the sum of the following proportions of the total amounts expended during such quarter as found necessary by the Secretary of Health, Education, and Welfare for the proper and efficient administration of the State plan— “(A) 75 per centum of so much of such expenditures as are for— “(i) services which are prescribed pursuant to subsection (c)(1) and are provided (in accordance with the Post, p. 179. next sentence) to applicants for or recipients of assistance under the plan to help them attain or retain capability for self-care, or “(ii) other services, specified by the Secretary as likely to prevent or reduce dependency, so provided to such applicants or recipients, or “(iii) any of the services prescribed pursuant to subsection (c)(1), and of the services specified as provided in clause (ii), which the Secretary may specify as appropriate for individuals who, within such period or periods as the Secretary may prescribe, have been or are likely to become applicants for or recipients of assistance under the plan, if such services are requested by such individuals and are provided to such individuals in accordance with the next sentence, or “(iv) the training of personnel employed or preparing for employment by the State agency or by the local agency administering the plan in the political subdivision; plus “(B) one-half of so much of such expenditures (not included under subparagraph (A)) as are for services provided (in accordance with the next sentence) to applicants for or recipients of assistance under the plan, and to individuals requesting such services who (within such period or periods as the Secretary may prescribe) have been or are likely to become applicants for or recipients of such assistance; plus “(C) one-half of the remainder of such expenditures. The services referred to in subparagraphs (A) and (B) shall include only— “(D) services provided by the staff of the State agency, or of the local agency administering the State plan in the political subdivision: Provided, That no funds authorized under this title shall be available for services defined as vocational rehabilitation services under the Vocational Rehabilitation 68 Stat. 652. 29 USC 31 note. Act (i) which are available to individuals in need of them under programs for their rehabilitation carried on under a State plan approved under such Act, or (ii) which the State agency or agencies administering or supervising the administration of the State plan approved under such Act are able and willing to provide if reimbursed for the cost thereof pursuant to agreement under subparagraph (E), if provided by such staff, and “(E) subject to limitations prescribed by the Secretary, services which in the judgment of the State agency cannot be as economically or as effectively provided by the staff of such State or local agency and are not otherwise reasonably available to individuals in need of them, and which are provided, pursuant to agreement with the State agency, by the State health authority or the State agency or agencies administering or supervising the administration of the State plan for vocational rehabilitation services approved under the Vocational Rehabilitation Act or by any other State agency which the Secretary may determine to be appropriate (whether provided by its staff or by contract with public (local) or nonprofit private agencies); except that services described in clause (ii) of subparagraph (D) hereof may be provided only pursuant to agreement with such State agency or agencies administering or supervising the administration of the State plan for vocational rehabilitation services so approved. The portion of the amount expended for administration of the State plan to which subparagraph (A) applies and the portion thereof to which subparagraphs (B) and (C) apply shall be determined in accordance with such methods and procedures as may be permitted by the Secretary.”

  19. Pub. L. 87–543 § 101(b)(1)(B) · 76 Stat. 172

    Added · 42 U.S.C. § 303(a)(5)

    Pub. L. 87–543, § 101(b)(1)(B), added par. (5)

    Source evidence

    Code amendment note
    Subsec. (a)(5). Pub. L. 87–543, § 101(b)(1)(B), added par. (5).

    Enacted provision · exact public law section
    (B) Such section 3(a) is further amended by inserting at the end thereof the following new paragraph: “(5) in the case of any State whose State plan approved under section 2 does not meet the requirements of subsection (c)(1), an amount equal to one-half of the total of the sums expended during such quarter as found necessary by the Secretary for the proper and efficient administration of the State plan, including services referred to in paragraph (4) and provided in accordance with the provisions of such paragraph.”

  20. Pub. L. 87–543 § 101(b)(1)(C) · 76 Stat. 172

    Added · 42 U.S.C. § 303(c)

    Pub. L. 87–543, § 101(b)(1)(C), added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 87–543, § 101(b)(1)(C), added subsec. (c).

    Enacted provision · exact public law section
    (C) Section 3 of such Act is further amended by adding at the end 42 USC 303. thereof the following new subsection: “(c) (1) In order for a State to qualify for payments under paragraph (4) of subsection (a), its State plan approved under section 2 Ante, p. 173. must provide that the State agency shall make available to applicants for or recipients of old-age assistance under such State plan at least those services to help them attain or retain capability for self-care which are prescribed by the Secretary. “(2) In the case of any State whose State plan included a provision meeting the requirements of paragraph (1), but with respect to which the Secretary finds, after reasonable notice and opportunity for hearing to the State agency administering or supervising the administration of such plan, that— “(A) the provision has been so changed that it no longer complies with the requirements of paragraph (1), or “(B) in the administration of the plan there is a failure to comply substantially with such provision, the Secretary shall notify such State agency that further payments will not be made to the State under paragraph (4) of subsection (a) until he is satisfied that there will no longer be any such failure to comply. Until the Secretary is so satisfied further payments with respect to the administration of such State plan shall not be made under paragraph (4) of subsection (a) but shall instead be made, subject to the other provisions of this title, under paragraph (5) of such subsection.”

  21. Health Insurance for the Aged Act

    Pub. L. 89–97 title I § 122 · 79 Stat. 288

    Struck and inserted · 42 U.S.C. § 303(a)(1)

    Pub. L. 89–97, §§ 122, 401(a), inserted “premiums under part B of subchapter XVIII of this chapter for individuals who are recipients of money payments under such plan and other” after “expenditures for” in parenthetical phrase appearing in so much of par. (1) as precedes cl. (A); and changed first step of formula for determining Federal payments to States with approved plans for old-age assistance under this subchapter, contained in cl. (A), by providing Federal sharing in 31⁄37ths of first $37 of the average monthly assistance payment instead of 29⁄35ths of first $35 of the average monthly assistance payment, extended the application of the Federal percentage in second step of formula to an additional $38 of the State’s average payment, restated formula for second and third steps by striking out cl. (C) and combining such steps in cl. (B) and making provision therein to give recognition to the State’s expenditures for medical care before applying the Federal percentage to remaining expenditures for which Federal participation is available, respectively

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 89–97, §§ 122, 401(a), inserted “premiums under part B of subchapter XVIII of this chapter for individuals who are recipients of money payments under such plan and other” after “expenditures for” in parenthetical phrase appearing in so much of par. (1) as precedes cl. (A); and changed first step of formula for determining Federal payments to States with approved plans for old-age assistance under this subchapter, contained in cl. (A), by providing Federal sharing in 31⁄37ths of first $37 of the average monthly assistance payment instead of 29⁄35ths of first $35 of the average monthly assistance payment, extended the application of the Federal percentage in second step of formula to an additional $38 of the State’s average payment, restated formula for second and third steps by striking out cl. (C) and combining such steps in cl. (B) and making provision therein to give recognition to the State’s expenditures for medical care before applying the Federal percentage to remaining expenditures for which Federal participation is available, respectively.

    Enacted provision · exact public law section
    Sec. 122. payment by states of premiums for supplementary medical insurance Sections 3(a), 403(a), 1003(a), 1403(a), and 1603(a) of the Social Security Act are each amended by inserting “premiums 76 Stat. 194, 174, 195, 200. 42 USC 303, 603, 1203, 1353, 1383. under part B of title XVIII for individuals who are recipients of money payments under such plan and other” after “expenditures for” in the parenthetical phrase appearing in so much of paragraph (1) thereof as precedes clause (A), and in the parenthetical phrase appearing in paragraph (2) thereof.

  22. Health Insurance for the Aged Act

    Pub. L. 89–97 § 122 · 79 Stat. 288

    Inserted · 42 U.S.C. § 303(a)(2)(A)

    Pub. L. 89–97, § 122, inserted “premiums under part B of subchapter XVIII of this chapter for individuals who are recipients of money payments under such plan and other” after “expenditures for” in parenthetical phrase

    Source evidence

    Code amendment note
    Subsec. (a)(2)(A). Pub. L. 89–97, § 122, inserted “premiums under part B of subchapter XVIII of this chapter for individuals who are recipients of money payments under such plan and other” after “expenditures for” in parenthetical phrase.

    Enacted provision · exact public law section
    Sec. 122. payment by states of premiums for supplementary medical insurance Sections 3(a), 403(a), 1003(a), 1403(a), and 1603(a) of the Social Security Act are each amended by inserting “premiums 76 Stat. 194, 174, 195, 200. 42 USC 303, 603, 1203, 1353, 1383. under part B of title XVIII for individuals who are recipients of money payments under such plan and other” after “expenditures for” in the parenthetical phrase appearing in so much of paragraph (1) thereof as precedes clause (A), and in the parenthetical phrase appearing in paragraph (2) thereof.

  23. Social Security Amendments of 1965

    Pub. L. 89–97 § 221(a)(4) · 79 Stat. 288

    Added · 42 U.S.C. § 303(d)

    Pub. L. 89–97, § 221(a)(4), added subsec. (d)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 89–97, § 221(a)(4), added subsec. (d).

    Enacted provision · exact public law section
    (4) Section 3 of such Act is amended by adding at the end thereof 53 Stat. 1361; 76 Stat. 179. 42 USC 303. the following new subsection: “(d) Notwithstanding the preceding provisions of this section, the amount determined under such provisions for any State for any quarter which is attributable to expenditures with respect to patients in institutions for mental diseases shall be paid only to the extent that the State makes a showing satisfactory to the Secretary that total expenditures in the State from Federal, State, and local sources for mental health services (including payments to or in behalf of individuals with mental health problems) under State and local public health and public welfare programs for such quarter exceed the average of the total expenditures in the State from such sources for such services under such programs for each quarter of the fiscal year ending June 30, 1965. For purposes of this subsection, expenditures for such services for each quarter in the fiscal year ending June 30, 1965, in the case of any State shall be determined on the basis of the latest, data, satisfactory to the Secretary, available to him at the time of the first determination by him under this subsection for such State; and expenditures for such services for any quarter beginning after December 31, 1965, in the case of any State shall be determined on the basis of the latest data, satisfactory to the Secretary, available to him at the time of the determination under this subsection for such State for such quarter; and determinations so made shall be conclusive for purposes of this subsection.”

  24. Social Security Amendments of 1967

    Pub. L. 90–248 title II § 212(a) · 81 Stat. 821

    Inserted · 42 U.S.C. § 303(a)(4)(D)

    Pub. L. 90–248 inserted “, except to the extent specified by the Secretary” after “shall” in introductory text to subpar. (D)

    Source evidence

    Code amendment note
    Subsec. (a)(4)(D). Pub. L. 90–248 inserted “, except to the extent specified by the Secretary” after “shall” in introductory text to subpar. (D).

    Enacted provision · exact public law section
    (a) So much of section 3(a)(4) of the Social Security Act as follows subparagraph (C) and precedes subparagraph (D) 76 Stat. 173. 42 USC 303. is amended by inserting after “shall” the following: “, except to the extent specified by the Secretary,”.

  25. Pub. L. 92–512 § 301(d) · 86 Stat. 919

    Substituted · 42 U.S.C. § 303(a)

    Pub. L. 92–512, § 301(d), substituted “shall (subject to section 1320b of this title) pay” for “shall pay” in text preceding par. (1)

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 92–512, § 301(d), substituted “shall (subject to section 1320b of this title) pay” for “shall pay” in text preceding par. (1).

    Enacted provision · exact public law section
    Sec. 301. (a) Title XI of the Social Security Act is amended by 49 Stat. 647; 81 Stat. 920. 42 USC 1301. adding at the end thereof the following new section: “Sec. 1130. “limitation on funds for certain social services (a) Notwithstanding the provisions of section 3(a)(4) and (5), 403(a)(3), 1003(a)(3) and (4), 1403(a)(3) and (4), or 1603 (a)(4) and (5), amounts payable for any fiscal year (commencing 42 USC 303, 603, 1203, 1353, 1383. with the fiscal year beginning July 1, 1972) under such section (as determined without regard to this section) to any State with respect to expenditures made after June 30, 1972, for services referred to in such section (other than the services provided pursuant to section 402(a)(19)(G)), shall be reduced by such amounts as may be necessary 42 USC 602. to assure that— (1) the total amount paid to such State (under all of such sections) for such fiscal year for such services does not exceed the allotment of such State (as determined under subsection (b)); and “(2) of the amounts paid (under all of such sections) to such State for such fiscal year with respect to such expenditures, other than expenditures for— “(A) services provided to meet the needs of a child for personal care, protection, and supervision, but only in the case of a child where the provision of such services is needed (i) in order to enable a member of such child’s family to accept or continue in employment or to participate in training to prepare such member for employment, or (ii) because of the death, continued absence from the home, or incapacity of the child’s mother and the inability of any member of such child’s family to provide adequate care and supervision for such child; “(B) family planning services; “(C) sendees provided to a mentally retarded individual (whether a child or an adult), but only if such services are needed (as determined in accordance with criteria prescribed by the Secretary) by such individual by reason of his condition of being mentally retarded; “(D) services provided to an individual who is a drug addict or an alcoholic, but only if such services are needed (as determined in accordance with criteria prescribed by the Secretary) by such individual as part of a program of active treatment of his condition as a drug addict or an alcoholic; and “(E) services provided to a child who is under foster care 75 Stat. 76. 42 USC 608. in a foster family home (as defined in section 408) or in a child-care institution (as defined in such section), or while awaiting placement in such a home or institution, but only if such services are needed (as determined in accordance with criteria prescribed by the Secretary) by such child because he is under foster care, not more than 10 per centum thereof are paid with respect to expenditures incurred in providing services to individuals who are not recipients of aid or assistance (under State plans approved 42 USC 301, 1201, 1351, 1381 601. under titles I, X, XIV, XVI, or part A of title IV), or applicants (as defined under regulations of the Secretary) for such aid or assistance. “(b) (1) For each fiscal year (commencing with the fiscal year beginning July 1, 1972) the Secretary shall allot to each State an amount which bears the same ratio to $2,500,000,000 as the population of such State bears to the population of all the States. “(2) The allotment for each State shall be promulgated for each fiscal year by the Secretary between July I and August 31 of the calendar year immediately preceding such fiscal year on the basis of the population of each State and of all of the States as determined from the most recent satisfactory data, available from the Department of Commerce at such time: except that the allotment for each State for the fiscal year beginning July 1, 1972, and the following fiscal year shall be promulgated at the earliest practicable date after the enactment of this section but not later than January 1, 1973. “(c) For purposes of this section, the term ‘State’ means any one of the fifty States or the District of Columbia.” (b) ‘Sections 3(a)(4)(E), 403(a)(3)(D), 1003(a)(3)(E), 1403(a)(3)(E), 42 USC 303, 603, 1203, 1353, 1383. and 1603(a)(4)(E) of such Act are amended by striking out “subject to limitations” and inserting in lieu thereof “under conditions which shall be”. (c) Section 403(a)(5) of such Act is amended to read as follows: 81 Stat. 893. 42 USC 603. “(5) in the case of any State, an amount equal to 50 per centum of the total amount expended under the State plan during such quarter as emergency assistance to needy families with children.” (d) Sections 3(a), 403(a), 1003(a), 1403(a), and 1603(a), of such Act are amended, in the matter preceding paragraph (1) of each 42 USC 303, 1203, 1353, 1383. such section, by striking out “shall pay” and inserting in lieu thereof “shall (subject to section 1130) pay”. Ante, p. 945. Effective dates (e) The amendments made by this section (other than by subsection (b)) shall be effective July 1, 1972, and the amendments made by subsection (b) shall be effective January 1, 1973.

  26. Pub. L. 92–512 § 301(b) · 86 Stat. 919

    Substituted · 42 U.S.C. § 303(a)(4)(E)

    Pub. L. 92–512, § 301(b), substituted “under conditions which shall be” for “subject to limitations”

    Source evidence

    Code amendment note
    Subsec. (a)(4)(E). Pub. L. 92–512, § 301(b), substituted “under conditions which shall be” for “subject to limitations”.

    Enacted provision · exact public law section
    (b) ‘Sections 3(a)(4)(E), 403(a)(3)(D), 1003(a)(3)(E), 1403(a)(3)(E), 42 USC 303, 603, 1203, 1353, 1383. and 1603(a)(4)(E) of such Act are amended by striking out “subject to limitations” and inserting in lieu thereof “under conditions which shall be”.

  27. Social Services Amendments of 1974

    Pub. L. 93–647 § 3(e)(2) · 88 Stat. 2337

    Struck · 42 U.S.C. § 303(a)

    Pub. L. 93–647, § 3(e)(2), struck out “(subject to section 1320b of this title)” after “the Secretary of the Treasury shall”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 93–647, § 3(e)(2), struck out “(subject to section 1320b of this title)” after “the Secretary of the Treasury shall”.

    Enacted provision · exact public law section
    (2) Sections 3(a), 403(a), 1003(a), 1403(a), and 1603(a) of that Act (relating to payments to States with approved State plans) are each amended by striking out “(subject to section 1130)”.

  28. Social Services Amendments of 1974

    Pub. L. 93–647 § 5(a) · 88 Stat. 2337

    Inserted · 42 U.S.C. § 303(a)(4)(A)(iv)

    Pub. L. 93–647, § 5(a), inserted “(including both short- and long-term training at educational institutions through grants to such institutions or by direct financial assistance to students enrolled in such institutions)” after “training”

    Source evidence

    Code amendment note
    Subsec. (a)(4)(A)(iv). Pub. L. 93–647, § 5(a), inserted “(including both short- and long-term training at educational institutions through grants to such institutions or by direct financial assistance to students enrolled in such institutions)” after “training”.

    Enacted provision · exact public law section
    (a) Section 3(a) (4) (A) (iv) of the Social Security Act (as applicable to Puerto Rico, the Virgin Islands, and Guam) is amended by inserting “ (incuding both short- and long-term training at educational institutions through grants to such institutions or by direct financial assistance to students enrolled in such institutions) ” following “training”.

  29. Medicare and Medicaid Amendments of 1981

    Pub. L. 97–35 § 2184(a)(4)(A) · 95 Stat. 357

    Struck · 42 U.S.C. § 303(a)(1)

    Pub. L. 97–35, § 2184(a)(4)(A), struck out par. (1) which provided for computation of amount of payments in case of any State other than Puerto Rico, the Virgin Islands, and Guam

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 97–35, § 2184(a)(4)(A), struck out par. (1) which provided for computation of amount of payments in case of any State other than Puerto Rico, the Virgin Islands, and Guam.

    Enacted provision · exact public law section
    (A) by striking out paragraphs (1) and (3) of subsection (a);

  30. Medicare and Medicaid Amendments of 1981

    Pub. L. 97–35 § 2184(a)(4)(B) · 95 Stat. 357

    1. Amended · 42 U.S.C. § 303(a)(2)

      Pub. L. 97–35, § 2184(a)(4)(B), amended par. (2) generally

    2. Struck · 42 U.S.C. § 303(a)(2)

      Pub. L. 97–35, § 2184(a)(4)(B), striking out provisions including as old-age assistance under the State plan expenditures for premiums under part B of subchapter XVIII of this chapter for individuals who are recipients of money payments under such plan and other insurance premiums for medical or any other type of remedial care and increasing amount payable by larger of two specifically computable amounts

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 97–35, § 2184(a)(4)(B), amended par. (2) generally, striking out provisions including as old-age assistance under the State plan expenditures for premiums under part B of subchapter XVIII of this chapter for individuals who are recipients of money payments under such plan and other insurance premiums for medical or any other type of remedial care and increasing amount payable by larger of two specifically computable amounts.

    Enacted provision · exact public law section
    (B) by amending paragraph (2) of subsection (a) to read as follows: “(2) in the case of Puerto Rico, the Virgin Islands, and Guam, an amount equal to one-half of the total of the sums expended during such quarter as old-age assistance under the State plan, not counting so much of any expenditure with respect to any month as exceeds $37.50 multiplied by the total number of recipients of old-age assistance for such month; plus”; and

  31. Medicare and Medicaid Amendments of 1981

    Pub. L. 97–35 § 2184(a)(4)(A) · 95 Stat. 357

    Struck · 42 U.S.C. § 303(a)(3)

    Pub. L. 97–35, § 2184(a)(4)(A), struck out par. (3) which provided for payment, in the case of any State, of an amount equal to the Federal medical percentage of total amounts expended for each quarter as medical assistance for the aged under the State plan, including expenditures for insurance premiums for medical or any other type of remedial care or cost thereof

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 97–35, § 2184(a)(4)(A), struck out par. (3) which provided for payment, in the case of any State, of an amount equal to the Federal medical percentage of total amounts expended for each quarter as medical assistance for the aged under the State plan, including expenditures for insurance premiums for medical or any other type of remedial care or cost thereof.

    Enacted provision · exact public law section
    (A) by striking out paragraphs (1) and (3) of subsection (a);

  32. Pub. L. 97–35 § 2353(a)(1)(A) · 95 Stat. 357

    1. Substituted · 42 U.S.C. § 303(a)(4)

      Pub. L. 97–35, § 2353(a)(1)(A), substituted provision making payments available to any State for provision making payments available to any State whose State plan approved under section 302 of this title meets the requirements of subsec. (c)(1) of this section and “Secretary of Health and Human Services” for “Secretary of Health, Education, and Welfare”

    2. Inserted · 42 U.S.C. § 303(a)(4)

      Pub. L. 97–35, § 2353(a)(1)(A), inserted provision including within the meaning of training both short and long term training at educational institutions through grants to such institutions or by direct financial assistance to students enrolled in such institutions

    3. Struck · 42 U.S.C. § 303(a)(4)

      Pub. L. 97–35, § 2353(a)(1)(A), struck out provisions which included in the computation of the amount payable services and provisions which specified what services were includable

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 97–35, § 2353(a)(1)(A), substituted provision making payments available to any State for provision making payments available to any State whose State plan approved under section 302 of this title meets the requirements of subsec. (c)(1) of this section and “Secretary of Health and Human Services” for “Secretary of Health, Education, and Welfare”, inserted provision including within the meaning of training both short and long term training at educational institutions through grants to such institutions or by direct financial assistance to students enrolled in such institutions, and struck out provisions which included in the computation of the amount payable services and provisions which specified what services were includable.

    Enacted provision · exact public law section
    (A) by amending paragraph (4) to read as follows: “(4) in the case of any State, an amount equal to the sum of the following proportions of the total amounts expended during such quarter as found necessary by the Secretary of Health and Human Services for the proper and efficient administration of the State plan— “(A) 75 per centum of so much of such expenditures as are for the training (including both short- and long-term training at educational institutions through grants to such institutions or by direct financial assistance to students enrolled in such institutions) of personnel employed or preparing for employment by the State agency or by the local agency administering the plan in the political subdivision; plus “(B) one-half of the remainder of such expenditures.”; and

  33. Pub. L. 97–35 § 2353(a)(1)(B) · 95 Stat. 357

    Struck · 42 U.S.C. § 303(a)(5)

    Pub. L. 97–35, § 2353(a)(1)(B), struck out par. (5) which provided payment, in the case of any State whose State plan approved under section 302 of this title which did not meet the requirements of subsec. (c)(1) of this section, of an amount equal to one-half of the total of the sums expended during such quarter as found necessary by the Secretary for the proper and efficient administration of the State plan

    Source evidence

    Code amendment note
    Subsec. (a)(5). Pub. L. 97–35, § 2353(a)(1)(B), struck out par. (5) which provided payment, in the case of any State whose State plan approved under section 302 of this title which did not meet the requirements of subsec. (c)(1) of this section, of an amount equal to one-half of the total of the sums expended during such quarter as found necessary by the Secretary for the proper and efficient administration of the State plan.

    Enacted provision · exact public law section
    (B) by striking out paragraph (5).

  34. Pub. L. 97–35 § 2353(a)(2) · 95 Stat. 357

    Struck · 42 U.S.C. § 303(c)

    Pub. L. 97–35, § 2353(a)(2), struck out subsec. (c) which provided for an eligibility requirement in order for a State to qualify for payments under subsec. (a)(4) of this section and prescribed action to be taken by the Secretary upon failure of the State to comply

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 97–35, § 2353(a)(2), struck out subsec. (c) which provided for an eligibility requirement in order for a State to qualify for payments under subsec. (a)(4) of this section and prescribed action to be taken by the Secretary upon failure of the State to comply.

    Enacted provision · exact public law section
    (2) Section 3(c) of such Act is repealed.

  35. Medicare and Medicaid Amendments of 1981

    Pub. L. 97–35 § 2184(a)(4)(C) · 95 Stat. 357

    Struck · 42 U.S.C. § 303(d)

    Pub. L. 97–35, § 2184(a)(4)(C), struck out subsec. (d) which provided that the amount determined for any State for any quarter which is attributable to expenditures with respect to patients in institutions for mental diseases be paid only to the extent that the State makes a satisfactory showing that the total expenditures in the State from Federal, State, and local sources for mental health services under State and local public health and public welfare programs for such quarter exceed the average of the total expenditures in the State from such sources for such services under such programs for each quarter of fiscal year ending June 30, 1965

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 97–35, § 2184(a)(4)(C), struck out subsec. (d) which provided that the amount determined for any State for any quarter which is attributable to expenditures with respect to patients in institutions for mental diseases be paid only to the extent that the State makes a satisfactory showing that the total expenditures in the State from Federal, State, and local sources for mental health services under State and local public health and public welfare programs for such quarter exceed the average of the total expenditures in the State from such sources for such services under such programs for each quarter of fiscal year ending June 30, 1965.

    Enacted provision · exact public law section
    (C) by striking out subsection (d).

  36. Pub. L. 99–603 title I § 121(b)(4) · 100 Stat. 3359

    1. Added · 42 U.S.C. § 303(a)(4)(B); 42 U.S.C. § 303(a)(4)(C)

      Pub. L. 99–603 added subpar. (B)

    2. Redesignated · 42 U.S.C. § 303(a)(4)(B); 42 U.S.C. § 303(a)(4)(C)

      Pub. L. 99–603 redesignated former subpar. (B) as (C)

    Source evidence

    Code amendment note
    Subsec. (a)(4)(B), (C). Pub. L. 99–603 added subpar. (B) and redesignated former subpar. (B) as (C).

    Enacted provision · exact public law section
    (4) Under certain territorial assistance programs.— Sections 42 USC 303, 1203, 1353, 1383 note. 3(a)(4), 1003(a)(3), 1403(a)(3), and 1603(a)(4) of the Social Security Act (as in effect without regard to section 301 of the Social Security Amendments of 1972) are each amended by 42 USC 1381–1383c. redesignating subparagraph (B) as subparagraph (C) and inserting after subparagraph (A) the following new subparagraph: “(B) 100 percent of so much of such expenditures as are for the costs of the implementation and operation of the immigration status verification system described in section 1137(d); plus”.

  37. Omnibus Budget Reconciliation Act of 1993

    Pub. L. 103–66 title XIII § 13741(b) · 107 Stat. 312

    Substituted · 42 U.S.C. § 303(a)(4)

    Pub. L. 103–66 substituted “50 percent of the total amounts expended during such quarter as found necessary by the Secretary for the proper and efficient administration of the State plan.” for “the sum of the following proportions of the total amounts expended during such quarter as found necessary by the Secretary of Health and Human Services for the proper and efficient administration of the State plan—

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 103–66 substituted “50 percent of the total amounts expended during such quarter as found necessary by the Secretary for the proper and efficient administration of the State plan.” for “the sum of the following proportions of the total amounts expended during such quarter as found necessary by the Secretary of Health and Human Services for the proper and efficient administration of the State plan—

    “(A) 75 per centum of so much of such expenditures as are for the training (including both short- and long-term training at educational institutions through grants to such institutions or by direct financial assistance to students enrolled in such institutions) of personnel employed or preparing for employment by the State agency or by the local agency administering the plan in the political subdivision; plus “(B) 100 percent of so much of such expenditures as are for the costs of the implementation and operation of the immigration status verification system described in section 1320b–7(d) of this title; plus “(C) one-half of the remainder of such expenditures.”

    Enacted provision · exact public law section
    (b) Territorial Programs for Aged, Bund, and Disabled.— Sections 3(a)(4), 1003(a)(3), 1403(a)(3), and 1603(a)(4) (42 U.S.C. 303(a)(3), 1203(a)(3), 1353(a)(3), and 1383 note) (as in effect as provided by section 303 of the Social Security Amendments of 1972) are each amended by striking “the sum of” and all that follows and inserting “50 percent of the total amounts expended during such quarter as found necessary by the Secretary for the proper and efficient administration of the State plan.”.

    Effective date note
    Pub. L. 103–66, title XIII, § 13741(c), Aug. 10, 1993, 107 Stat. 663, provided that:

  38. GAO Human Capital Reform Act of 2004

    Pub. L. 108–271 § 8(b) · 118 Stat. 811

    Substituted · 42 U.S.C. § 303(b)(3)

    Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”.

    Enacted provision · exact public law section
    (b) References.— Any reference to the General Accounting Office in any law, rule, regulation, certificate, directive, instruction, or other official paper in force on the date of enactment of this Act shall be considered to refer and apply to the Government Accountability Office.

41 of 54 references resolved to an enrolled provision · 1 partial · 12 unresolved

Notes

Repeal of Section

Pub. L. 92–603, title III, § 303(a), (b), , 86 Stat. 1484, provided that this section is repealed effective , except with respect to Puerto Rico, Guam, and the Virgin Islands.

Editorial Notes

Amendments1939–2004 · 19 rounds

2004

Subsec. (b)(3). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”.

1993

Subsec. (a)(4). Pub. L. 103–66 substituted “50 percent of the total amounts expended during such quarter as found necessary by the Secretary for the proper and efficient administration of the State plan.” for “the sum of the following proportions of the total amounts expended during such quarter as found necessary by the Secretary of Health and Human Services for the proper and efficient administration of the State plan—

“(A) 75 per centum of so much of such expenditures as are for the training (including both short- and long-term training at educational institutions through grants to such institutions or by direct financial assistance to students enrolled in such institutions) of personnel employed or preparing for employment by the State agency or by the local agency administering the plan in the political subdivision; plus

“(B) 100 percent of so much of such expenditures as are for the costs of the implementation and operation of the immigration status verification system described in section 1320b–7(d) of this title; plus

“(C) one-half of the remainder of such expenditures.”

1986

Subsec. (a)(4)(B), (C). Pub. L. 99–603 added subpar. (B) and redesignated former subpar. (B) as (C).

1981

Subsec. (a)(1). Pub. L. 97–35, § 2184(a)(4)(A), struck out par. (1) which provided for computation of amount of payments in case of any State other than Puerto Rico, the Virgin Islands, and Guam.

Subsec. (a)(2). Pub. L. 97–35, § 2184(a)(4)(B), amended par. (2) generally, striking out provisions including as old-age assistance under the State plan expenditures for premiums under part B of subchapter XVIII of this chapter for individuals who are recipients of money payments under such plan and other insurance premiums for medical or any other type of remedial care and increasing amount payable by larger of two specifically computable amounts.

Subsec. (a)(3). Pub. L. 97–35, § 2184(a)(4)(A), struck out par. (3) which provided for payment, in the case of any State, of an amount equal to the Federal medical percentage of total amounts expended for each quarter as medical assistance for the aged under the State plan, including expenditures for insurance premiums for medical or any other type of remedial care or cost thereof.

Subsec. (a)(4). Pub. L. 97–35, § 2353(a)(1)(A), substituted provision making payments available to any State for provision making payments available to any State whose State plan approved under section 302 of this title meets the requirements of subsec. (c)(1) of this section and “Secretary of Health and Human Services” for “Secretary of Health, Education, and Welfare”, inserted provision including within the meaning of training both short and long term training at educational institutions through grants to such institutions or by direct financial assistance to students enrolled in such institutions, and struck out provisions which included in the computation of the amount payable services and provisions which specified what services were includable.

Subsec. (a)(5). Pub. L. 97–35, § 2353(a)(1)(B), struck out par. (5) which provided payment, in the case of any State whose State plan approved under section 302 of this title which did not meet the requirements of subsec. (c)(1) of this section, of an amount equal to one-half of the total of the sums expended during such quarter as found necessary by the Secretary for the proper and efficient administration of the State plan.

Subsec. (c). Pub. L. 97–35, § 2353(a)(2), struck out subsec. (c) which provided for an eligibility requirement in order for a State to qualify for payments under subsec. (a)(4) of this section and prescribed action to be taken by the Secretary upon failure of the State to comply.

Subsec. (d). Pub. L. 97–35, § 2184(a)(4)(C), struck out subsec. (d) which provided that the amount determined for any State for any quarter which is attributable to expenditures with respect to patients in institutions for mental diseases be paid only to the extent that the State makes a satisfactory showing that the total expenditures in the State from Federal, State, and local sources for mental health services under State and local public health and public welfare programs for such quarter exceed the average of the total expenditures in the State from such sources for such services under such programs for each quarter of fiscal year ending .

1975

Subsec. (a). Pub. L. 93–647, § 3(e)(2), struck out “(subject to section 1320b of this title)” after “the Secretary of the Treasury shall”.

Subsec. (a)(4)(A)(iv). Pub. L. 93–647, § 5(a), inserted “(including both short- and long-term training at educational institutions through grants to such institutions or by direct financial assistance to students enrolled in such institutions)” after “training”.

1972

Subsec. (a). Pub. L. 92–512, § 301(d), substituted “shall (subject to section 1320b of this title) pay” for “shall pay” in text preceding par. (1).

Subsec. (a)(4)(E). Pub. L. 92–512, § 301(b), substituted “under conditions which shall be” for “subject to limitations”.

1968

Subsec. (a)(4)(D). Pub. L. 90–248 inserted “, except to the extent specified by the Secretary” after “shall” in introductory text to subpar. (D).

1965

Subsec. (a)(1). Pub. L. 89–97, §§ 122, 401(a), inserted “premiums under part B of subchapter XVIII of this chapter for individuals who are recipients of money payments under such plan and other” after “expenditures for” in parenthetical phrase appearing in so much of par. (1) as precedes cl. (A); and changed first step of formula for determining Federal payments to States with approved plans for old-age assistance under this subchapter, contained in cl. (A), by providing Federal sharing in 31⁄37ths of first $37 of the average monthly assistance payment instead of 29⁄35ths of first $35 of the average monthly assistance payment, extended the application of the Federal percentage in second step of formula to an additional $38 of the State’s average payment, restated formula for second and third steps by striking out cl. (C) and combining such steps in cl. (B) and making provision therein to give recognition to the State’s expenditures for medical care before applying the Federal percentage to remaining expenditures for which Federal participation is available, respectively.

Subsec. (a)(2)(A). Pub. L. 89–97, § 122, inserted “premiums under part B of subchapter XVIII of this chapter for individuals who are recipients of money payments under such plan and other” after “expenditures for” in parenthetical phrase.

Subsec. (d). Pub. L. 89–97, § 221(a)(4), added subsec. (d).

1962

Subsec. (a)(1). Pub. L. 87–543, § 132(a), substituted “29⁄35” and “$35” for “four-fifths” and “$31”, respectively, in subpar. (A), “$70” for “$66” in subpar. (B), and “$85” and “$70” for “$81” and “$66”, respectively, in subpar. (C).

Subsec. (a)(2). Pub. L. 87–543, § 132(a), substituted “$37.50” for “$35.50”, in subpar. (A) and “$45” and “$37.50” for “$43” and “$35.50”, respectively, in subpar. (B).

Subsec. (a)(4). Pub. L. 87–543, § 101(a)(1), (b)(1)(A), inserted in opening provisions “whose State plan approved under section 302 of this title meets the requirements of subsection (c) of this section” after “any State”, and substituted provisions which increased the Federal share of expenses of administration of State public assistance plans by providing quarterly payments of the sum of 75 per centum of the quarterly expenses for certain prescribed services to help attain and retain capability for self-care, services likely to prevent or reduce dependency, and services appropriate for individuals who were or are likely to become applicants for or recipients of assistance and request such services, and training of State or local public assistance personnel administering such plans and one-half of other administrative expenses for other services, permitted State health or vocational rehabilitation or other appropriate State agencies to furnish such services, except vocational rehabilitation services, and required the determination of the portion of expenses covered by the 75 and 50 per centum provisions in accordance with methods and procedures permitted by the Secretary for former provisions requiring quarterly payments of one-half of quarterly expenses of administration of State plans, including staff services of State or local public assistance agencies to applicants for and recipients of old-age assistance to help them attain self-care.

Subsec. (a)(5). Pub. L. 87–543, § 101(b)(1)(B), added par. (5).

Subsec. (c). Pub. L. 87–543, § 101(b)(1)(C), added subsec. (c).

1961

Subsec. (a)(1). Pub. L. 87–64, § 303(a)(1), substituted “$31” for “$30” in subpar. (A), “$66” for “$65” in subpar. (B), and “$81” for “$80” and “$66” for “$65” in subpar. (C).

Pub. L. 87–31, § 5(a), substituted “$80” and “$15” for “$77” and “$12”, respectively, in subpar. (C).

Subsec. (a)(2). Pub. L. 87–64, § 303(a)(2), substituted “$35.50” for “$35” in subpar. (A), and “$35.50” for “$35” and “$43” for “$42.50” in subpar. (B).

Pub. L. 87–31, § 5(b), substituted “$42.50” and “$7.50” for “$41” and “$6”, respectively, in subpar. (B).

1960

Subsec. (a). Pub. L. 86–778, § 601(c), added pars. (1)(C), (2)(B), and (3).

Subsec. (b)(2). Pub. L. 86–778, § 601(d), substituted “assistance furnished under the State plan” for “old-age assistance furnished under the State plan” in cl. (B).

1958

Subsec. (a). Pub. L. 85–840 increased payments to the States to four-fifths of the first $30 of the average monthly payment per recipient, including assistance in the form of money payments and in the form of medical or any other type of remedial care, plus Federal percentage of the amount by which the expenditures exceed the maximum which may be counted under cl. (A), but excluding that part of the average monthly payment per recipient in excess of $65, increased average monthly payment to Puerto Rico and the Virgin Islands from $30 to $35, excluded Guam from provisions which authorize an average monthly payment of $65 and included Guam within provisions which authorize an average monthly payment of $35, and permitted the counting of individuals with respect to whom expenditures were made as old-age assistance in the form of medical or any other type of remedial care in determining the total number of recipients.

1956

Subsec. (a). Act , § 301, substituted “during such quarter as old-age assistance in the form of money payments under the State plan” for “during such quarter as old-age assistance under the State plan” in cls. (1) and (2), “who received old-age assistance in the form of money payments for such month” for “who received old-age assistance for such month” in par. (A) of cl. (1), and inserted cl. (4).

Act , § 311(c), struck out “, which shall be used exclusively as old-age assistance,” after “the Virgin Islands, an amount” in cls. (1) and (2), and substituted “including services which are provided by the staff of the State agency (or of the local agency administering the State plan in the political subdivision) to applicants for and recipients of old-age assistance to help them attain self-care” for “which amount shall be used for paying the costs of administering the State plan or for old-age assistance, or both, and for no other purpose” in cl. (3).

Act , § 341, substituted “” for “”, struck out “, which shall be used exclusively as old-age assistance,” after “the Virgin Islands, an amount”, and substituted “$60” for “$55”, in cl. (1), substituted “the product of $30” for “the product of $25” in par. (A) of cl. (1), and “including services which are provided by the staff of the State agency (or of the local agency administering the State plan in the political subdivision) to applicants for and recipients of old-age assistance to help them attain self-care” for “which amount shall be used for paying the costs of administering the State plan or for old-age assistance, or both, and for no other purpose” in cl. (3).

1954

Subsec. (b). Act , § 303(b), substituted “subsection (a)” for “clause (1) of subsection (a)”, wherever appearing, substituted “such subsection” for “such clause” in par. (1), and struck out “increased by five per centum” at end of par. (3).

Subsec. (b)(1). Act , § 303(a), substituted “the State’s proportionate share” for “one-half”.

1952

Subsec. (a). Act , increased Federal share of State’s average monthly payment to four-fifths of the first $25 plus one-half of the remainder within individual maximums of $55, and changed formulas for computing Federal share of public assistance for Puerto Rico and Virgin Islands.

1950

Act , substituted “Administrator” for “Board”, and “he”, “him” or “his” for “it”, or “its” wherever appearing and in subsec. (a) changed basis for computation of Federal portion of old-age assistance.

1948

Subsec. (a). Act , substituted $50 for $45 and $20 for $15.

1946

Subsec. (a). Act , § 501(a), temporarily increased maximum monthly State expenditure for an individual to which Federal Government will contribute from $40 to $45, increased Federal contribution for assistance from one-half the State’s expenditure to two-thirds the State’s expenditure up to $15 monthly per individual plus one-half the State’s expenditure over $15 and changed the Federal contribution for administration from 5 percent of Federal contribution for assistance to one-half the State expenditure for administration. See Effective and Termination Date of 1946 Amendment note below.

Subsec. (b). Act , § 501(b), temporarily changed references to cl. (1) of subsec. (a) to refer to entire subsection, substituted “the State’s proportionate share” for “one-half” in par. (1) and struck out “increased by 5 per centum” at end of par. (3). See Effective and Termination Date of 1986 Amendment note below.

1939

Act , amended section generally, including substitution of $40 for $30 in subsec. (a).

Statutory Notes and Related Subsidiaries

Change of Name

“Secretary of Health and Human Services” substituted for “Secretary of Health, Education, and Welfare” in subsec. (b) pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education.

Effective Date of 1993 Amendment

Pub. L. 103–66, title XIII, § 13741(c), , 107 Stat. 663, provided that:

“(1)

In general.—

Except as provided in paragraph (2) of this subsection, the amendments made by subsections (a) and (b) [amending this section and sections 603, 1203, and 1353 of this title and provisions set out as a note under section 1383 of this title] shall be effective with respect to calendar quarters beginning on or after .

“(2)

Special rule.—

In the case of a State whose legislature meets biennially, and does not have a regular session scheduled in calendar year 1994, the amendments made by subsections (a) and (b) shall be effective no later than 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 enactment of this Act [].”

Effective Date of 1986 Amendment

Amendment by Pub. L. 99–603 effective , see section 121(c)(2) of Pub. L. 99–603, set out as a note under section 502 of this title.

Effective Date of 1981 Amendment

Amendment by section 2353(a) of Pub. L. 97–35 effective, except as otherwise specifically provided, , see section 2354 of Pub. L. 97–35, set out as a note under section 1397 of this title.

Effective Date of 1975 Amendment

Pub. L. 93–647, § 7, , 88 Stat. 2351, as amended by Pub. L. 94–120, § 3, , 89 Stat. 609; Pub. L. 94–401, § 2, , 90 Stat. 1215, eff. ; Pub. L. 95–171, § 1(d), , 91 Stat. 1353; eff. , provided that:

“(a)
(1)

The amendments made by sections 2 and 5 of this Act [enacting sections 1397 to 1397f of this title and amending this section, sections 603, 1203, and 1353 of this title, and provisions set out as a note under section 1383 of this title] shall be effective with respect to payments for quarters commencing after .

“(2)

Notwithstanding the provisions of section 2004 of the Social Security Act [42 U.S.C. 1397c], as amended by this Act, the first services program year of each State shall begin on , and end with the close of, at the option of the State—

“(A)

the day in the twelve-month period beginning , or

“(B)

the day in the twelve-month period beginning ,

which is the last day of the twelve-month period established by the State as its services program year under that section. Notwithstanding the provisions of subsection (b) of section 2003 of the Social Security Act [42 U.S.C. 1397b(b)], as amended by this Act, the aggregate expenditures required by that subsection with respect to the first services program year of each State shall be the amount which bears the same ratio to the amount that would otherwise be required under that subsection as the number of months in the State’s first services program year bears to twelve.

“(3)

Notwithstanding paragraph (1) of this subsection or section 3(f) [set out as a note under section 1397a of this title], payments under title IV [42 U.S.C. 601 et seq.] or section 2002(a)(1) of the Social Security Act [42 U.S.C. 1397a(a)(1)] with respect to expenditures made prior to , in connection with the provision of child day care services in day care centers and group day care homes, in the case of children between the ages of six weeks and six years, may be made without regard to the requirements relating to staffing standards which are imposed by or under section 2002(a)(9)(A)(ii) of such Act [42 U.S.C. 1397a(a)(9)(A)(ii)], so long as the staffing standards actually being applied in the provision of the services involved (A) comply with applicable State law (as in effect at the time the services are provided), (B) are no lower than the corresponding staffing standards which were imposed or required by applicable State law on , and (C) are no lower, in the case of any day care center or group day care home, than the corresponding standards actually being applied in such center or home on .

“(b)

The amendments made by section 3 of this Act [amending this section and sections 602, 603, 606, 622, 1203, 1308, 1315, 1316, 1320b note, and 1383 note of this title, repealing sections 801 to 805 and 1320b of this title, and enacting provisions set out as notes under section 1320b and 1397a of this title] shall be effective with respect to payments under sections 403 and 603 of the Social Security Act [42 U.S.C. 603, 803] for quarters commencing after , except that the amendments made by section 3(a) [amending sections 602, 603, 606, and 623 of this title] shall not be effective with respect to the Commonwealth of Puerto Rico, the Virgin Islands, or Guam.”

Effective Date of 1972 Amendment

Pub. L. 92–512, title III, § 301(e), , 86 Stat. 947, provided that: “The amendments made by this section (other than by subsection (b)) [enacting section 1320b of this title and amending this section and sections 603, 1203, 1253, and 1383] shall be effective , and the amendments made by subsection (b) [amending this section and sections 603, 1203, 1353, and 1383 of this title] shall be effective .”

Effective Date of 1968 Amendment

Pub. L. 90–248, title II, § 212(e), , 81 Stat. 898, provided that: “The amendments made by the preceding subsections of this section [amending this section and sections 1203, 1353, and 1383 of this title] shall take effect .”

Effective Date of 1965 Amendment

Amendment by section 221 of Pub. L. 89–97 applicable in the case of expenditures made after , under a State plan approved under this subchapter, see section 221(e) of Pub. L. 89–97, set out as a note under section 302 of this title.

Pub. L. 89–97, title IV, § 401(f), , 79 Stat. 415, provided that: “The amendments made by this section [amending this section and sections 603, 1203, 1353, and 1383 of this title] shall apply in the case of expenditures made after , under a State plan approved under title I, IV, X, XIV, or XVI of the Social Security Act [42 U.S.C. 301 et seq., 601 et seq., 1201 et seq., 1351 et seq., 1381 et seq.].”

Effective Date of 1962 Amendment

Pub. L. 87–543, title II, § 202(d), , 76 Stat. 208, provided that: “The amendments made by sections 109 and 132 (other than subsections (d) and (e) thereof) [amending this section and sections 606, 1203, and 1353 of this title] shall be applicable in the case of expenditures, under a State plan approved under title I, IV, X, or XIV of the Social Security Act [42 U.S.C. 301 et seq., 601 et seq., 1201 et seq., 1351 et seq.], as the case may be, made after .”

Pub. L. 87–543, title II, § 202(f), , 76 Stat. 208, provided that: “The amendments made by section 101(a) [amending this section and sections 603, 1203, and 1353 of this title] shall be applicable in the case of expenditures, under a State plan approved under title I, IV, X, or XIV of the Social Security Act [42 U.S.C. 301 et seq., 601 et seq., 1201 et seq., 1351 et seq.], as the case may be, made after . The amendments made by section 101(b) [amending this section and sections 603, 608, 609, 1203, and 1353 of this title] shall be applicable in the case of expenditures, under a State plan approved under title I, IV, X, or XIV of the Social Security Act, as the case may be, made after .”

Effective Date of 1961 Amendment

Pub. L. 87–64, title III, § 303(e), , 75 Stat. 143, as amended by Pub. L. 87–543, title I, § 132(e), , 76 Stat. 196, provided that: “The amendments made by subsections (a), (b), and (c) of this section [amending this section and sections 1203 and 1353 of this title] shall apply only in the case of expenditures made after , and before , under a State plan approved under title I, X, or XIV, as the case may be, of the Social Security Act [42 U.S.C. 301 et seq., 1201 et seq., 1351 et seq.].”

Pub. L. 87–31, § 5(c), , 75 Stat. 77, provided that: “The amendments made by subsections (a) and (b) [amending this section] shall apply in the case of expenditures made after , under a State plan approved under title I of the Social Security Act [42 U.S.C. 301 et seq.].”

Effective Date of 1960 Amendment

Amendment by Pub. L. 86–778 effective , see section 604 of Pub. L. 86–778, set out as a note under section 301 of this title.

Effective Date of 1958 Amendment

Pub. L. 85–840, title V, § 512, , 72 Stat. 1052, provided that:

“Notwithstanding the provisions of sections 305 and 345 of the Social Security Amendments of 1956, as amended [set out as notes below], the amendments made by sections 501, 502, 503, 504, 505, and 506 [amending this section and sections 603, 1203, 1301, and 1353 of this title] shall be effective—

“(1)

in the case of money payments, under a State plan approved under title I, IV, X, or XIV of the Social Security Act [42 U.S.C. 301 et seq., 601 et seq., 1201 et seq., 1351 et seq.], for months after September 1958, and

“(2)

in the case of assistance in the form of medical or any other type of remedial care, under such a plan, with respect to expenditures made after September 1958.

The amendment made by section 506 [amending section 1301 of this title] shall also become effective, for purposes of title V of the Social Security Act [42 U.S.C. 701 et seq.], for fiscal years ending after . The amendments made by section 507 [amending section 1308 of this title] shall be effective for fiscal years ending after . The amendment made by section 508 [amending section 1304 of this title] shall be effective for fiscal years ending after . The amendment made by section 510 shall become effective .”

Effective and Termination Date of 1956 Amendment

Act Aug. 1, 1956, ch. 836, title III, § 345, 70 Stat. 854, provided that: “The amendments made by this part [part V (§§ 341–345) of title III of act , amending this section and sections 603, 1203, and 1353 of this title] shall be effective for the period beginning , and ending with the close of , and after such amendments cease to be in effect any provision of law amended thereby shall be in full force and effect as though this part had not been enacted.”

Effective Date of 1956 Amendment

Act Aug. 1, 1956, ch. 836, title III, § 305, 70 Stat. 848, as amended by Pub. L. 85–110, , 71 Stat. 308, provided that:

“(a)

Except as provided in subsection (b), the amendments made by this part [part I (§§ 301–305) of title III of act , amending this section and sections 603, 1203, and 1353 of this title] shall become effective .

“(b)

The amendments made by any section of this part shall not apply to any State (as defined in section 1101 of the Social Security Act [42 U.S.C. 1301] for purposes of title I thereof [42 U.S.C. 301 et seq.]) for any fiscal year for which there is in effect an election by it not to have the amendments made by such section apply to it. Any such election shall be in effect for a fiscal year only if notice of the election has been filed with the Secretary of Health, Education, and Welfare [now Health and Human Services] at some time prior to May 16 of the preceding fiscal year, except that any such election shall be in effect for the fiscal year beginning , if notice of the election is filed with the Secretary prior to . An election by a State under this subsection shall continue in effect until the close of any fiscal year designated in a notice of termination of such election which is filed with the Secretary of Health, Education, and Welfare [now Health and Human Services] prior to May 16 of such year. Elections hereunder shall be made, and notices thereof and notices of termination shall be filed, on such form or forms and in such manner as the Secretary of Health, Education, and Welfare [now Health and Human Services] may prescribe.”

Effective and Termination Date of 1952 Amendment

Act July 18, 1952, ch. 945, § 8(e), 66 Stat. 780, as amended by act Sept. 1, 1954, ch. 1206, title III, § 301, 68 Stat. 1097, provided that: “The amendments made by this section [amending this section and sections 603, 1203, and 1353 of this title] shall be effective for the period beginning , and ending with the close of , and after such amendments cease to be in effect any provision of law amended thereby shall be in full force and effect as though this Act [] had not been enacted.”

Effective Date of 1950 Amendment

Act Aug. 28, 1950, ch. 809, title III, § 302(b), 64 Stat. 549, provided that: “The amendment made by subsection (a) [amending this section] shall take effect .”

Effective Date of 1948 Amendment

Act June 14, 1948, ch. 468, § 3(d), 62 Stat. 440, provided that: “The amendments made by this section [amending this section and sections 603 and 1203 of this title] shall become effective on .”

Effective and Termination Date of 1946 Amendment

Act Aug. 10, 1946, ch. 951, title V, § 504, 60 Stat. 993, as amended by act Aug. 6, 1947, ch. 510, § 3, 61 Stat. 794, provided that: “Sections 501, 502, and 503 [amending this section and sections 603 and 1203 of this title] shall be effective with respect to the period commencing , and ending on .”

Effective Date of 1939 Amendment

Act Aug. 10, 1939, ch. 666, title I, § 102, 53 Stat. 1361, provided that the amendment made by that section is effective .

Nonduplication of Payments to States: Prohibition of Payments After December 31, 1969

Prohibition of payments under this subchapter to States with respect to aid or assistance in form of medical or other type of remedial care for any period for which States received payments under subchapter XIX of this chapter or for any period after , see section 121(b) of Pub. L. 89–97, set out as a note under section 1396b of this title.

Executive Documents

Transfer of Functions

Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 of this title. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953.

“Fiscal Service” substituted for “Division of Disbursement” in subsec. (b)(3) on authority of section 1(a)(1) of Reorg. Plan No. III of 1940, eff. , 5 F.R. 2107, 54 Stat. 1231, set out in the Appendix to Title 5, Government Organization and Employees, which consolidated such division into Fiscal Service of Treasury Department. See section 306 of Title 31, Money and Finance.

Credits

1935–2004 · 24 acts
  1. 1935Aug. 14, 1935, ch. 531, title I, § 3, 49 Stat. 621
  2. 1939Aug. 10, 1939, ch. 666, title I, § 102, 53 Stat. 1361
  3. 19401940 Reorg. Plan No. III, § 1(a)(1), eff. , 5 F.R. 2107, 54 Stat. 1231
  4. 1946Aug. 10, 1946, ch. 951, title V, § 501, 60 Stat. 991
  5. 1948June 14, 1948, ch. 468, § 3(a), 62 Stat. 439
  6. 1950Aug. 28, 1950, ch. 809, title III, pt. 1, § 302(a), pt. 6, § 361(c), (d), 64 Stat. 548, 558
  7. 1952July 18, 1952, ch. 945, § 8(a), 66 Stat. 778
  8. 19531953 Reorg. Plan No. 1, §§ 5, 8, eff. , 18 F.R. 2053, 67 Stat. 631
  9. 1954Sept. 1, 1954, ch. 1206, title III, § 303, 68 Stat. 1097
  10. 1956Aug. 1, 1956, ch. 836, title III, §§ 301, 311(c), 341, 70 Stat. 846, 848, 852
  11. 1958Pub. L. 85–840, title V, § 501, , 72 Stat. 1047
  12. 1960Pub. L. 86–778, title VI, § 601(c), (d), , 74 Stat. 989, 990
  13. 1961Pub. L. 87–31, § 5(a), (b), , 75 Stat. 77
  14. 1961Pub. L. 87–64, title III, § 303(a), , 75 Stat. 143
  15. 1962Pub. L. 87–543, title I, §§ 101(a)(1), (b)(1), 132(a), , 76 Stat. 173, 179, 193
  16. 1965Pub. L. 89–97, title I, § 122, title II, § 221(a)(4), title IV, § 401(a), , 79 Stat. 353, 357, 414
  17. 1968Pub. L. 90–248, title II, § 212(a), , 81 Stat. 897
  18. 1972Pub. L. 92–512, title III, § 301(b), (d), , 86 Stat. 946, 947
  19. 1975Pub. L. 93–647, §§ 3(e)(2), 5(a), , 88 Stat. 2349, 2350
  20. 1979Pub. L. 96–88, title V, § 509(b), , 93 Stat. 695
  21. 1981Pub. L. 97–35, title XXI, § 2184(a)(4), title XXIII, § 2353(a), , 95 Stat. 816, 871
  22. 1986Pub. L. 99–603, title I, § 121(b)(4), , 100 Stat. 3391
  23. 1993Pub. L. 103–66, title XIII, § 13741(b), , 107 Stat. 663
  24. 2004Pub. L. 108–271, § 8(b), , 118 Stat. 814.
Show as published

(Aug. 14, 1935, ch. 531, title I, § 3, 49 Stat. 621; Aug. 10, 1939, ch. 666, title I, § 102, 53 Stat. 1361; 1940 Reorg. Plan No. III, § 1(a)(1), eff. , 5 F.R. 2107, 54 Stat. 1231; Aug. 10, 1946, ch. 951, title V, § 501, 60 Stat. 991; June 14, 1948, ch. 468, § 3(a), 62 Stat. 439; Aug. 28, 1950, ch. 809, title III, pt. 1, § 302(a), pt. 6, § 361(c), (d), 64 Stat. 548, 558; July 18, 1952, ch. 945, § 8(a), 66 Stat. 778; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. , 18 F.R. 2053, 67 Stat. 631; Sept. 1, 1954, ch. 1206, title III, § 303, 68 Stat. 1097; Aug. 1, 1956, ch. 836, title III, §§ 301, 311(c), 341, 70 Stat. 846, 848, 852; Pub. L. 85–840, title V, § 501, , 72 Stat. 1047; Pub. L. 86–778, title VI, § 601(c), (d), , 74 Stat. 989, 990; Pub. L. 87–31, § 5(a), (b), , 75 Stat. 77; Pub. L. 87–64, title III, § 303(a), , 75 Stat. 143; Pub. L. 87–543, title I, §§ 101(a)(1), (b)(1), 132(a), , 76 Stat. 173, 179, 193; Pub. L. 89–97, title I, § 122, title II, § 221(a)(4), title IV, § 401(a), , 79 Stat. 353, 357, 414; Pub. L. 90–248, title II, § 212(a), , 81 Stat. 897; Pub. L. 92–512, title III, § 301(b), (d), , 86 Stat. 946, 947; Pub. L. 93–647, §§ 3(e)(2), 5(a), , 88 Stat. 2349, 2350; Pub. L. 96–88, title V, § 509(b), , 93 Stat. 695; Pub. L. 97–35, title XXI, § 2184(a)(4), title XXIII, § 2353(a), , 95 Stat. 816, 871; Pub. L. 99–603, title I, § 121(b)(4), , 100 Stat. 3391; Pub. L. 103–66, title XIII, § 13741(b), , 107 Stat. 663; Pub. L. 108–271, § 8(b), , 118 Stat. 814.)

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USLM identifier /us/usc/t42/s303