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U.S. Code as of:
01/19/04
Section 1308. Additional grants to Puerto Rico, Virgin Islands, Guam, and American Samoa; limitation on total payments
(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 years
1997 through 2003, 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) (!1) of this section, and reduced by the amount of
any penalty imposed on the territory under any provision of law
specified in subsection (a) of this section during the fiscal
year.
(3) Family assistance grant
The term "family assistance grant" has the meaning given such
term by section 603(a)(1)(B) of this title.
(4) Mandatory ceiling amount
The term "mandatory ceiling amount" means -
(A) $107,255,000 with respect to Puerto Rico;
(B) $4,686,000 with respect to Guam;
(C) $3,554,000 with respect to the Virgin Islands; and
(D) $1,000,000 with respect to American Samoa.
(5) Total amount expended by the territory
The term "total amount expended by the territory" -
(A) does not include expenditures during the fiscal year from
amounts made available by the Federal Government; and
(B) when used with respect to fiscal year 1995, also does not
include -
(i) expenditures during fiscal year 1995 under subsection
(g) or (i) of section 602 of this title (as in effect on
September 30, 1995); or
(ii) any expenditures during fiscal year 1995 for which the
territory (but for this section, as in effect on September
30, 1995) would have received reimbursement from the Federal
Government.
(d) Authority to transfer funds to certain programs
A territory to which an amount is paid under subsection (b) of
this section may use the amount in accordance with section 604(d)
of this title.
(e) Repealed. Pub. L. 105-33, title V, Sec. 5512(c), Aug. 5, 1997,
111 Stat. 619
(f) Total amount certified under subchapter XIX
Subject to subsection (g) of this section and section
1396u-5(e)(1)(B) of this title, 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 (A) $116,500,000 for fiscal
year 1994 and (B) for each succeeding fiscal year the amount
provided in this paragraph 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 twelve-month
period ending in March preceding the beginning of the fiscal
year, rounded to the nearest $100,000;
(2) the Virgin Islands shall not exceed (A) $3,837,500 for
fiscal year 1994, and (B) for each succeeding fiscal year the
amount provided in this paragraph for the preceding fiscal year
increased by the percentage increase referred to in paragraph
(1)(B), rounded to the nearest $10,000;
(3) Guam shall not exceed (A) $3,685,000 for fiscal year 1994,
and (B) for each succeeding fiscal year the amount provided in
this paragraph for the preceding fiscal year increased by the
percentage increase referred to in paragraph (1)(B), rounded to
the nearest $10,000;
(4) Northern Mariana Islands shall not exceed (A) $1,110,000
for fiscal year 1994, and (B) for each succeeding fiscal year the
amount provided in this paragraph for the preceding fiscal year
increased by the percentage increase referred to in paragraph
(1)(B), rounded to the nearest $10,000; and
(5) American Samoa shall not exceed (A) $2,140,000 for fiscal
year 1994, and (B) for each succeeding fiscal year the amount
provided in this paragraph for the preceding fiscal year
increased by the percentage increase referred to in paragraph
(1)(B), rounded to the nearest $10,000.
(g) Medicaid payments to territories for fiscal year 1998 and
thereafter
(1) Fiscal year 1998
With respect to fiscal year 1998, the amounts otherwise
determined for Puerto Rico, the Virgin Islands, Guam, the
Northern Mariana Islands, and American Samoa under subsection (f)
of this section for such fiscal year shall be increased by the
following amounts:
(A) For Puerto Rico, $30,000,000.
(B) For the Virgin Islands, $750,000.
(C) For Guam, $750,000.
(D) For the Northern Mariana Islands, $500,000.
(E) For American Samoa, $500,000.
(2) Fiscal year 1999 and thereafter
Notwithstanding subsection (f) of this section, 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.
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