United States Code (Last Updated: May 24, 2014) |
Title 42. THE PUBLIC HEALTH AND WELFARE |
Chapter 7. SOCIAL SECURITY |
SubChapter I. GRANTS TO STATES FOR OLD-AGE ASSISTANCE |
§ 303. Payments to States and certain territories; computation of amount; eligibility of State to receive payment
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(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has a plan approved under this subchapter, for each quarter, beginning with the quarter commencing October 1, 1960 —(1) Repealed. Pub. L. 97–35, title XXI, § 2184(a)(4)(A), Aug. 13, 1981 , 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any month as exceeds $37.50 multiplied by the total number of recipients of old-age assistance for such month; plus (3) Repealed.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), Aug. 13, 1981 , 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) of this section, 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) of this section 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.
Prospective Amendment
Pub. L. 92–603, title III, § 303(a), (b),
Amendments
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
Act
Act
1954—Subsec. (b). Act
Subsec. (b)(1). Act
1952—Subsec. (a). Act
1950—Act
1948—Subsec. (a). Act
1946—Subsec. (a). Act
Subsec. (b). Act
1939—Act
Effective Date Of Amendment
Pub. L. 103–66, title XIII, § 13741(c),
Amendment by Pub. L. 99–603 effective
Amendment by section 2353(a) of Pub. L. 97–35 effective, except as otherwise specifically provided,
Pub. L. 93–647, § 7,
Pub. L. 92–512, title III, § 301(e),
Pub. L. 90–248, title II, § 212(e),
Amendment by section 221 of Pub. L. 89–97 applicable in the case of expenditures made after
Pub. L. 89–97, title IV, § 401(f),
Pub. L. 87–543, title II, § 202(d),
Pub. L. 87–543, title II, § 202(f),
Pub. L. 87–64, title III, § 303(e),
Pub. L. 87–31, § 5(c),
Amendment by Pub. L. 86–778 effective
Pub. L. 85–840, title V, § 512,
Termination Date
Act Aug. 1, 1956, ch. 836, title III, § 345, 70 Stat. 854, provided that:
Effective Date Of Amendment
Act Aug. 1, 1956, ch. 836, title III, § 305, 70 Stat. 848, as amended by Pub. L. 85–110,
Termination Date
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:
Effective Date Of Amendment
Act Aug. 28, 1950, ch. 809, title III, § 302(b), 64 Stat. 549, provided that:
Act June 14, 1948, ch. 468, § 3(d), 62 Stat. 440, provided that:
Termination Date
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:
Effective Date Of Amendment
Act Aug. 10, 1939, ch. 666, title I, § 102, 53 Stat. 1361, provided that the amendment made by that section is effective
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. Secretary and Department of Health, Education, and Welfare redesignated Secretary and Department of Health and Human Services by section 509(b) of Pub. L. 96–88 which is classified to section 3508(b) of Title 20, Education.
“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.
Miscellaneous
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