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United States Code (Last Updated: May 24, 2014) |
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Title 42. THE PUBLIC HEALTH AND WELFARE |
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Chapter 7. SOCIAL SECURITY |
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SubChapter XI. GENERAL PROVISIONS, PEER REVIEW, AND ADMINISTRATIVE SIMPLIFICATION |
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Part A. General Provisions |
§ 1308. Additional grants to Puerto Rico, Virgin Islands, Guam, and American Samoa; limitation on total payments
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(a) Limitation on total payments to each territory (1) In general Notwithstanding any other provision of this chapter (except for paragraph (2) of this subsection), the total amount certified by the Secretary of Health and Human Services under subchapters I, X, XIV, and XVI of this chapter, under parts A and E of subchapter IV of this chapter, and under subsection (b) of this section, for payment to any territory for a fiscal year shall not exceed the ceiling amount for the territory for the fiscal year.
(2) Certain payments disregarded Paragraph (1) of this subsection shall be applied without regard to any payment made under section 603(a)(2), 603(a)(4), 603(a)(5), 606, or 613(f) of this title.
(b) Entitlement to matching grant (1) In general Each territory shall be entitled to receive from the Secretary for each fiscal year a grant in an amount equal to 75 percent of the amount (if any) by which— (A) the total expenditures of the territory during the fiscal year under the territory programs funded under parts A and E of subchapter IV of this chapter, including any amount paid to the State under part A of subchapter IV of this chapter that is transferred in accordance with section 604(d) of this title and expended under the program to which transferred; exceeds (B) the sum of— (i) the amount of the family assistance grant payable to the territory without regard to section 609 of this title; and (ii) the total amount expended by the territory during fiscal year 1995 pursuant to parts A and F of subchapter IV of this chapter (as so in effect), other than for child care. (2) Appropriation Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated for fiscal year 2012, such sums as are necessary for grants under this paragraph.
(c) Definitions As used in this section: (1) Territory The term “territory” means Puerto Rico, the Virgin Islands, Guam, and American Samoa.
(2) Ceiling amount The term “ceiling amount” means, with respect to a territory and a fiscal year, the mandatory ceiling amount with respect to the territory, reduced for the fiscal year in accordance with subsection (e) with respect to fiscal year 1999 and any fiscal year thereafter, the total amount certified by the Secretary under subchapter XIX of this chapter for payment to—
(A) Puerto Rico shall not exceed the sum of the amount provided in this subsection for the preceding fiscal year increased by the percentage increase in the medical care component of the Consumer Price Index for all urban consumers (as published by the Bureau of Labor Statistics) for the 12-month period ending in March preceding the beginning of the fiscal year, rounded to the nearest $100,000; (B) the Virgin Islands shall not exceed the sum of the amount provided in this subsection for the preceding fiscal year increased by the percentage increase referred to in subparagraph (A), rounded to the nearest $10,000; (C) Guam shall not exceed the sum of the amount provided in this subsection for the preceding fiscal year increased by the percentage increase referred to in subparagraph (A), rounded to the nearest $10,000; (D) the Northern Mariana Islands shall not exceed the sum of the amount provided in this subsection for the preceding fiscal year increased by the percentage increase referred to in subparagraph (A), rounded to the nearest $10,000; and (E) American Samoa shall not exceed the sum of the amount provided in this subsection for the preceding fiscal year increased by the percentage increase referred to in subparagraph (A), rounded to the nearest $10,000. (3) Fiscal years 2006 and 2007 for certain insular areas The amounts otherwise determined under this subsection for Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa for fiscal year 2006 and fiscal year 2007 shall be increased by the following amounts: (A) For Puerto Rico, $12,000,000 for fiscal year 2006 and $12,000,000 for fiscal year 2007. (B) For the Virgin Islands, $2,500,000 for fiscal year 2006 and $5,000,000 for fiscal year 2007. (C) For Guam, $2,500,000 for fiscal year 2006 and $5,000,000 for fiscal year 2007. (D) For the Northern Mariana Islands, $1,000,000 for fiscal year 2006 and $2,000,000 for fiscal year 2007. (E) For American Samoa, $2,000,000 for fiscal year 2006 and $4,000,000 for fiscal year 2007. Such amounts shall not be taken into account in applying paragraph (2) for fiscal year 2007 but shall be taken into account in applying such paragraph for fiscal year 2008 and subsequent fiscal years. (4) Exclusion of certain expenditures from payment limits With respect to fiscal years beginning with fiscal year 2009, if Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, or American Samoa qualify for a payment under subparagraph (A)(i), (B), or (F) of section 1396b(a)(3) of this title for a calendar quarter of such fiscal year, the payment shall not be taken into account in applying subsection (f) (as increased in accordance with paragraphs (1), (2), (3), and (4) of this subsection) to such commonwealth or territory for such fiscal year.
(5) Additional increase The Secretary shall increase the amounts otherwise determined under this subsection for Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa (after the application of subsection (f) and the preceding paragraphs of this subsection) for the period beginning
July 1, 2011 , and ending onSeptember 30, 2019 , by such amounts that the total additional payments under subchapter XIX to such territories equals $6,300,000,000 for such period. The Secretary shall increase such amounts in proportion to the amounts applicable to such territories under this subsection and subsection (f) onMarch 30, 2010 .
References In Text
Subsection (e) of this section, referred to in subsec. (c)(2), was repealed by Pub. L. 105–33, title V, § 5512(c),
Amendments
2012—Subsec. (b)(2). Pub. L. 112–96 substituted “fiscal year 2012” for “fiscal years 1997 through 2003”.
2010—Subsec. (g)(2). Pub. L. 111–152, § 1204(b)(1)(A), inserted “and section 18043(a)(2) of this title” after “subject to” in introductory provisions.
Pub. L. 111–148, § 2005(a)(1), substituted “paragraphs (3) and (5)” for “paragraph (3)” in introductory provisions.
Subsec. (g)(4). Pub. L. 111–148, § 2005(b), which directed substitution of “to—” for “to” and insertion of subpar. (A) designation before “fiscal years beginning” and “(B) fiscal years beginning with fiscal year 2014, payments made to Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, or American Samoa with respect to amounts expended for medical assistance for newly eligible (as defined in section 1396d(y)(2) of this title) nonpregnant childless adults who are eligible under subclause (VIII) of section 1396a(a)(10)(A)(i) of this title and whose income (as determined under section 1396a(e)(14) of this title) does not exceed (in the case of each such commonwealth and territory respectively) the income eligibility level in effect for that population under subchapter XIX or under a waiver on
Pub. L. 111–148, § 2005(a)(2), substituted “(3), and (4)” for “and (3)”.
Subsec. (g)(4)(B). Pub. L. 111–148, § 10201(d), which directed amendment of subsec. (g)(4)(B) “as added by section 2005(b)” of Pub. L. 111–148 by substituting “the highest income eligibility level in effect for parents under the commonwealth’s or territory’s State plan under subchapter XIX or under a waiver of the plan” for “income eligibility level in effect for that population under subchapter XIX or under a waiver”, was not executed in light of subsequent repeal of Pub. L. 111–148, § 2005(b), by Pub. L. 111–152, § 1204(b)(2)(A). See 2010 Amendment note above and Construction of 2010 Amendment note below.
Subsec. (g)(5). Pub. L. 111–152, § 1204(b)(1)(B), added par. (5) and struck out former par. (5). Prior to amendment, text read as follows: “The amounts otherwise determined under this subsection for Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa for the second, third, and fourth quarters of fiscal year 2011, and for each fiscal year after fiscal year 2011 (after the application of subsection (f) and the preceding paragraphs of this subsection), shall be increased by 30 percent.”
Pub. L. 111–148, § 2005(a)(3), added par. (5).
2009—Subsec. (a)(2). Pub. L. 111–5, § 2101(d)(1), struck out “603(c)(3),” after “603(a)(5),”. See Effective Date of 2009 Amendment note below.
Pub. L. 111–5, § 2101(c), inserted “603(c)(3),” after “603(a)(5),”.
Subsec. (g)(4). Pub. L. 111–3 added par. (4).
2006—Subsec. (g)(2). Pub. L. 109–171, § 6055(1), inserted “and subject to paragraph (3)” after “subsection (f) of this section” in introductory provisions.
Subsec. (g)(3). Pub. L. 109–171, § 6055(2), added par. (3).
2003—Subsec. (b)(2). Pub. L. 108–40 substituted “2003” for “2002”.
Subsec. (f). Pub. L. 108–173 inserted “and section 1396u–5(e)(1)(B) of this title” after “Subject to subsection (g) of this section” in introductory provisions.
1997—Subsec. (a). Pub. L. 105–33, § 5512(a), amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: “Notwithstanding any other provision of this chapter, the total amount certified by the Secretary of Health and Human Services under subchapters I, X, XIV, and XVI of this chapter, under parts A and E of subchapter IV of this chapter, and under subsection (b) of this section, for payment to any territory for a fiscal year shall not exceed the ceiling amount for the territory for the fiscal year.”
Subsec. (a)(2). Pub. L. 105–33, § 5001(b), inserted “603(a)(5),” after “603(a)(4),”.
Subsec. (b)(1)(A). Pub. L. 105–33, § 5512(b), inserted “, including any amount paid to the State under part A of subchapter IV of this chapter that is transferred in accordance with section 604(d) of this title and expended under the program to which transferred” before semicolon.
Subsec. (e). Pub. L. 105–33, § 5512(c), struck out heading and text of subsec. (e). Text read as follows: “The ceiling amount with respect to a territory shall be reduced for a fiscal year by an amount equal to the amount (if any) by which—
“(1) the total amount expended by the territory under all programs of the territory operated pursuant to the provisions of law specified in subsection (a) of this section (as such provisions were in effect for fiscal year 1995) for fiscal year 1995; exceeds
“(2) the total amount expended by the territory under all programs of the territory that are funded under the provisions of law specified in subsection (a) of this section for the fiscal year that immediately precedes the fiscal year referred to in the matter preceding paragraph (1).”
Subsec. (f). Pub. L. 105–33, § 4726(1), substituted “Subject to subsection (g) of this section, the” for “The” in introductory provisions.
Subsec. (g). Pub. L. 105–33, § 4726(2), added subsec. (g).
1996—Pub. L. 104–193, § 103(b)(3), added section catchline and struck out former catchline.
Subsecs. (a), (b). Pub. L. 104–193, § 103(b)(3), added subsecs. (a) and (b) and struck out former subsec. (a) which limited total amount certified under subchapters I, X, XIV, XVI of this chapter and parts A and E of subchapter IV of this chapter for payment to Puerto Rico, the Virgin Islands, and Guam and former subsec. (b) which limited total amount certified for family planning services for Puerto Rico, the Virgin Islands, and Guam.
Subsec. (c). Pub. L. 104–193, § 103(b)(3), added subsec. (c). Former subsec. (c) redesignated (f).
Subsecs. (d), (e). Pub. L. 104–193, § 103(b)(1), (3), added subsecs. (d) and (e) and struck out former subsec. (d) which limited payments to American Samoa and former subsec. (e) which related to allotment of smaller amounts.
Subsec. (f). Pub. L. 104–193, § 103(b)(2), redesignated subsec. (c) as (f).
1993—Subsec. (c)(1) to (5). Pub. L. 103–66 amended pars. (1) to (5) generally. Prior to amendment, pars. (1) to (5) read as follows:
“(1) Puerto Rico shall not exceed (A) $73,400,000 for fiscal year 1988, (B) $76,200,000 for fiscal year 1989, and (C) $79,000,000 for fiscal year 1990 (and each succeeding fiscal year);
“(2) the Virgin Islands shall not exceed (A) $2,430,000 for fiscal year 1988, (B) $2,515,000 for fiscal year 1989, and (C) $2,600,000 for fiscal year 1990 (and each succeeding fiscal year);
“(3) Guam shall not exceed (A) $2,320,000 for fiscal year 1988, (B) $2,410,000 for fiscal year 1989, and (C) $2,500,000 for fiscal year 1990 (and each succeeding fiscal year);
“(4) the Northern Mariana Islands shall not exceed (A) $636,700 for fiscal year 1988, (B) $693,350 for fiscal year 1989, and (C) $750,000 for fiscal year 1990 (and each succeeding fiscal year); and
“(5) American Samoa shall not exceed (A) $1,330,000 for fiscal year 1988, (B) $1,390,000 for fiscal year 1989, and (C) $1,450,000 for fiscal year 1990 (and each succeeding fiscal year).”
1988—Pub. L. 100–485, § 601(c)(2), amended section catchline generally.
Subsec. (a). Pub. L. 100–485, § 202(c)(2), inserted “or, in the case of part A of subchapter IV of this chapter, section 603(k) of this title” before “applies” in introductory provisions.
Subsec. (a)(1)(F), (G). Pub. L. 100–485, § 602(a)(1), added subpars. (F) and (G) and struck out former subpar. (F) which read as follows: “$72,000,000 with respect to the fiscal year 1979 and each fiscal year thereafter;”.
Subsec. (a)(2)(F), (G). Pub. L. 100–485, § 602(a)(2), added subpars. (F) and (G) and struck out former subpar. (F) which read as follows: “$2,400,000 with respect to the fiscal year 1979 and each fiscal year thereafter;”.
Subsec. (a)(3)(F), (G). Pub. L. 100–485, § 602(a)(3), added subpars. (F) and (G) and struck out former subpar. (F) which read as follows: “$3,300,000 with respect to the fiscal year 1979 and each fiscal year thereafter.”
Subsec. (b). Pub. L. 100–485, § 202(c)(3), struck out “and services provided under section 602(a)(19) of this title” after “family planning services” in introductory provisions.
Subsecs. (d), (e). Pub. L. 100–485, § 601(b), added subsec. (d) and redesignated former subsec. (d) as (e).
1987—Subsec. (c). Pub. L. 100–203 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “The total amount certified by the Secretary under subchapter XIX of this chapter with respect to a fiscal year for payment to—
“(1) Puerto Rico shall not exceed $63,400,000;
“(2) the Virgin Islands shall not exceed $2,100,000;
“(3) Guam shall not exceed $2,000,000;
“(4) the Northern Mariana Islands shall not exceed $550,000; and
“(5) American Samoa shall not exceed $1,150,000.”
1984—Subsec. (c). Pub. L. 98–369 substituted “$63,400,000” for “$45,000,000” in par. (1), “$2,100,000” for “$1,500,000” in par. (2), “$2,000,000” for “$1,400,000” in par. (3), “$550,000” for “$350,000” in par. (4), and “$1,150,000” for “$750,000” in par. (5).
1982—Subsec. (a). Pub. L. 97–248, § 160(a), inserted provisions following par. (3)(F) that each jurisdiction specified in this subsection may use in its program under subchapter XX of this chapter any sums available to it under this subsection which are not needed to carry out the programs specified in this subsection.
Subsec. (c)(5). Pub. L. 97–248, § 136(b), added par. (5).
1981—Subsec. (a). Pub. L. 97–35, § 2353(f), substituted in provision preceding par. (1) “The total amount certified by the Secretary of Health and Human Services” for “Except as provided in section 1397a(a)(2)(C) of this title, the total amount certified by the Secretary of Health, Education, and Welfare”.
Subsec. (c). Pub. L. 97–35, § 2162(b)(1), in par. (1) increased the amount from not to exceed $2,000,000 to not to exceed $45,000,000, in par. (2) increased the amount from not to exceed $65,000 to not to exceed $1,500,000, in par. (3) increased the amount from not to exceed $90,000 to not to exceed $1,400,000, and added par. (4).
Subsec. (d). Pub. L. 97–35, § 2193(c)(1), substituted “section 621 of this title” for “sections 702(a) and 712(a) of this title, and the provisions of sections 621, 703(1), and 704(1) of this title as amended by the Social Security Amendments of 1967”.
1980—Subsec. (a). Pub. L. 96–272 substituted “section 1397a(a)(2)(C) of this title” for “section 1397a(a)(2)(D) of this title” and “under parts A and E” for “under part A” in provisions preceding par. (1), substituted “with respect to each of the fiscal years 1972 through 1978” for “with respect to the fiscal year 1972 and each fiscal year thereafter other than the fiscal year 1979” in pars. (1)(E), (2)(E), and (3)(E), and substituted “with respect to the fiscal year 1979 and each fiscal year thereafter” for “with respect to the fiscal year 1979” in pars. (1)(F), (2)(F), and (3)(F).
1978—Subsec. (a)(1)(E). Pub. L. 95–600, § 802(b)(1)(B), inserted “other than the fiscal year 1979, or”.
Subsec. (a)(1)(F). Pub. L. 95–600, § 802(b)(1)(C), added subpar. (F).
Subsec. (a)(2)(E). Pub. L. 95–600, § 802(b)(2)(B), substituted “other than the fiscal year 1979, or” for “; and”.
Subsec. (a)(2)(F). Pub. L. 95–600, § 802(b)(2)(C), added subpar. (F).
Subsec. (a)(3)(E). Pub. L. 95–600, § 802(b)(3)(B), inserted “other than the fiscal year 1979, or”.
Subsec. (a)(3)(F). Pub. L. 95–600, § 802(b)(3)(C), added subpar. (F).
1975—Subsec. (a). Pub. L. 93–647 substituted “Except as provided in section 1397a(a)(2)(D) of this title, the total amount” for “The total amount”.
1972—Subsec. (c)(1). Pub. L. 92–603, § 271(a), substituted “$30,000,000” for “$20,000,000”.
Subsec. (c)(2). Pub. L. 92–603, § 271(b), substituted “$1,000,000” for “$650,000”.
Subsec. (d). Pub. L. 92–603, § 272(b), inserted “, American Samoa, and the Trust Territory of the Pacific Islands” after “allot such smaller amounts to Guam”.
1968—Pub. L. 90–248 amended section generally and, among other changes, raised the present $9.8 million limit for Federal financial participation in the public assistance programs of Puerto Rico to $12.5 million for fiscal 1968 with further increases in succeeding fiscal years to a maximum of $24 million for fiscal 1972 and each fiscal year thereafter, increased the dollar maximums for the Virgin Islands from $330,000 to $800,000 for fiscal 1972 and thereafter and for Guam from $450,000 to $1.1 million for fiscal 1972 and thereafter, authorized payments for family planning services and services referred to in section 602(a)(19) of this title, with respect to any fiscal year, of not more than $2 million for Puerto Rico, $65,000 for the Virgin Islands, and $90,000 for Guam, imposed a maximum on Federal payments for the medical assistance program under subchapter XIX of this chapter, with respect to any fiscal year, of $20 million for Puerto Rico, $650,000 for the Virgin Islands, and $900,000 for Guam, and provided that notwithstanding sections 702(a) and 712(a) of this title and sections 621, 703(1), and 704(1) of this title, as amended by the Social Security Amendments of 1967, and until Congress otherwise provides, the Secretary shall, in lieu of the initial allotments specified in such sections, allot smaller amounts to Guam as he deems appropriate.
1965—Pub. L. 89–97 substituted “and 722(a)” for “722(a) and 727(a)” and struck out “(or, in the case of section 727(a) of this title” after “in lieu of the initial”, and removed the litigation requiring that, with respect to any fiscal year, $625,000 of the $9,800,000 certified for payments to Puerto Rico, $18,750 of the $330,000 certified for payments to the Virgin Islands, and $25,000 of the $450,000 certified for payments to Guam, be used only for payments with respect to section 303(a)(2)(B) or 1383(a)(2)(B) of this title.
1962—Pub. L. 87–543 substituted “$9,800,000”, “$330,000”, “$450,000”, and “initial (or, in the case of section 727(a) of this title, the minimum) allotment” for “$9,500,000”, “$320,000”, “$430,000”, and “$60,000, $60,000 $60,000, respectively,” and inserted references to subchapter “XVI (other than section 1383(a)(3) thereof)” of this chapter, section 1383(a)(2) in three places and section 727(a) after section 722(a).
1961—Pub. L. 87–64, substituted “$9,500,000”, “$320,000”, and “$430,000” for “$9,425,000”, “$318,750”, and “$425,000”, respectively. See Repeals note below.
Pub. L. 87–31 increased the grant to Puerto Rico for fiscal year ending
1960—Pub. L. 86–778 substituted “$9,000,000, of which $500,000 may be used only for payments certified with respect to section 303(a)(2)(B) of this title” for “$8,500,000”, “$315,000, of which $15,000 may be used only for payments certified in respect to section 303(a)(2)(B) of this title” for “$300,000”, “$420,000, of which $20,000 may be used only for payments certified in respect to section 303(a)(2)(B) of this title” for “$400,000”, and “subchapters I (other than section 303(a)(3) thereof)” for “subchapters I”.
1958—Pub. L. 85–840, §§ 507, 508, amended section. Section 507(a) substituted “$8,500,000” for “$5,312,500” and “$300,000” for “$200,000”, and limited the total amount certified for payment to Guam with respect to any fiscal year to not more than $400,000. Section 507(b) amended catchline to include Guam. Section 508 inserted provisions requiring the Secretary, in lieu of the allotments specified in sections 702(a)(2), 712(a)(2) and 722(a) of this title, to allot such smaller amounts as he may deem appropriate to Guam, notwithstanding provisions of such sections and until such time as the Congress may by appropriation or other law otherwise provide.
1956—Act
Effective Date Of Amendment
Pub. L. 111–5, div. B, title II, § 2101(d)(1),
Amendment by Pub. L. 111–3 effective
Amendment by Pub. L. 108–40 effective
Amendment by Pub. L. 104–193 effective
Pub. L. 103–66, title XIII, § 13641(b),
Amendment by section 202(c)(2), (3) of Pub. L. 100–485 effective
Amendment by section 601(b), (c)(2) of Pub. L. 100–485 effective
Pub. L. 100–485, title VI, § 602(b),
Pub. L. 100–203, title IV, § 4111(b),
Pub. L. 98–369, div. B, title III, § 2365(b),
Amendment by section 136(b) of Pub. L. 97–248 effective
Amendment by section 160(a) of Pub. L. 97–248 effective
Pub. L. 97–35, title XXI, § 2162(b)(2),
For effective date, savings, and transitional provisions relating to amendment by section 2193(c)(1) of Pub. L. 97–35, see section 2194 of Pub. L. 97–35, set out as a note under section 701 of this title.
Amendment by section 2353(f) of Pub. L. 97–35 effective
Amendment by Pub. L. 93–647 effective with respect to payments under sections 603 and 803 of this title for quarters commencing after
Pub. L. 92–603, title II, § 271(c),
Amendment by section 272(b) of Pub. L. 92–603 applicable with respect to fiscal years beginning after
Pub. L. 90–248, title II, § 248(a)(2),
Amendment by section 208(a)(2) Pub. L. 89–97 effective
Pub. L. 89–97, title IV, § 408(b),
Pub. L. 87–543, title I, § 151,
Section 132(d) of Pub. L. 87–543 repealed section 303(d) of Pub. L. 87–64, which had provided that the amendment by section 303(d) of Pub. L. 87–64 shall be effective only for fiscal year ending
Amendment by Pub. L. 86–778 effective with respect to fiscal years ending after 1960, see section 604 of Pub. L. 86–778, set out as a note under section 301 of this title.
For effective date of amendments made by sections 507 and 508 of Pub. L. 85–840, see section 512 of Pub. L. 85–840, set out as a note under section 303 of this title.
Act Aug. 1, 1956, ch. 836, title III, § 351(d), 70 Stat. 855, provided that:
Repeals
Section 132(d) of Pub. L. 87–543 repealed section 6 of Pub. L. 87–31,
Miscellaneous
Section 132(d) of Pub. L. 87–543 repealed section 6(a) of Pub. L. 87–31,
Pub. L. 111–152, title I, § 1204(b)(2)(A),
For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.