Laws: Cases and Codes : U.S. Code : Title 42 : Section 1308
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U.S. Code as of:
01/19/04
Section 1308 - Notes
SOURCE
(Aug. 14, 1935, ch. 531, title XI, Sec. 1108, as added Aug. 28,
1950, ch. 809, title III, pt. 6, Sec. 361(g), 64 Stat. 558; amended
Aug. 1, 1956, ch. 836, title III, Sec. 351(c), 70 Stat. 855; Pub.
L. 85-840, title V, Secs. 507, 508, Aug. 28, 1958, 72 Stat. 1051;
Pub. L. 86-778, title VI, Sec. 602, Sept. 13, 1960, 74 Stat. 992;
Pub. L. 87-31, Sec. 6(a)(1), (2), (b), May 8, 1961, 75 Stat. 78;
Pub. L. 87-64, title III, Sec. 303(d), June 30, 1961, 75 Stat. 143;
Pub. L. 87-543, title I, Sec. 151, July 25, 1962, 76 Stat. 206;
Pub. L. 89-97, title II, Sec. 208(a)(2), title IV, Sec. 408(a),
July 30, 1965, 79 Stat. 355, 422; Pub. L. 90-248, title II, Sec.
248(a)(1), Jan. 2, 1968, 81 Stat. 918; Pub. L. 92-603, title II,
Secs. 271(a), (b), 272(b), Oct. 30, 1972, 86 Stat. 1451; Pub. L.
93-647, Sec. 3(i), Jan. 4, 1975, 88 Stat. 2350; Pub. L. 95-600,
title VIII, Sec. 802(b), Nov. 6, 1978, 92 Stat. 2945; Pub. L.
96-272, title II, Sec. 207(c), title III, Secs. 305(a), (b), June
17, 1980, 94 Stat. 526, 529, 530; Pub. L. 97-35, title XXI, Secs.
2162(b)(1), 2193(c)(1), title XXIII, Sec. 2353(f), Aug. 13, 1981,
95 Stat. 806, 827, 872; Pub. L. 97-248, title I, Secs. 136(b),
160(a), Sept. 3, 1982, 96 Stat. 375, 400; Pub. L. 98-369, div. B,
title III, Sec. 2365(a), July 18, 1984, 98 Stat. 1108; Pub. L.
100-203, title IV, Sec. 4111(a), Dec. 22, 1987, 101 Stat. 1330-148;
Pub. L. 100-485, title II, Sec. 202(c)(2), (3), title VI, Secs.
601(b), (c)(2), 602(a), Oct. 13, 1988, 102 Stat. 2378, 2407, 2408;
Pub. L. 103-66, title XIII, Sec. 13641(a), Aug. 10, 1993, 107 Stat.
646; Pub. L. 104-193, title I, Sec. 103(b), Aug. 22, 1996, 110
Stat. 2160; Pub. L. 105-33, title IV, Sec. 4726, title V, Secs.
5001(b), 5512, Aug. 5, 1997, 111 Stat. 519, 589, 619; Pub. L.
108-40, Sec. 3(b), June 30, 2003, 117 Stat. 836; Pub. L. 108-173,
title I, Sec. 103(d)(2), Dec. 8, 2003, 117 Stat. 2159.)
REFERENCES IN TEXT
Parts A and E of subchapter IV of this chapter, referred to in
subsecs. (a) and (b)(1), are classified to sections 601 et seq. and
670 et seq., respectively, of this title.
Part F of subchapter IV of this chapter, referred to in subsec.
(b)(1)(B)(ii), was classified to section 681 et seq. of this title,
prior to repeal by Pub. L. 104-193, title I, Sec. 108(e), Aug. 22,
1996, 110 Stat. 2167.
Subsection (e) of this section, referred to in subsec. (c)(2),
was repealed by Pub. L. 105-33, title V, Sec. 5512(c), Aug. 5,
1997, 111 Stat. 619.
AMENDMENTS
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, Sec. 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, Sec. 5001(b), inserted
"603(a)(5)," after "603(a)(4),".
Subsec. (b)(1)(A). Pub. L. 105-33, Sec. 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, Sec. 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, Sec. 4726(1), substituted "Subject
to subsection (g) of this section, the" for "The" in introductory
provisions.
Subsec. (g). Pub. L. 105-33, Sec. 4726(2), added subsec. (g).
1996 - Pub. L. 104-193, Sec. 103(b)(3), added section catchline
and struck out former catchline.
Subsecs. (a), (b). Pub. L. 104-193, Sec. 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, Sec. 103(b)(3), added subsec. (c).
Former subsec. (c) redesignated (f).
Subsecs. (d), (e). Pub. L. 104-193, Sec. 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, Sec. 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, Sec. 601(c)(2), amended section catchline
generally.
Subsec. (a). Pub. L. 100-485, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 136(b), added par. (5).
1981 - Subsec. (a). Pub. L. 97-35, Sec. 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, Sec. 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, Sec. 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, Sec. 802(b)(1)(B),
inserted "other than the fiscal year 1979, or".
Subsec. (a)(1)(F). Pub. L. 95-600, Sec. 802(b)(1)(C), added
subpar. (F).
Subsec. (a)(2)(E). Pub. L. 95-600, Sec. 802(b)(2)(B), substituted
"other than the fiscal year 1979, or" for "; and".
Subsec. (a)(2)(F). Pub. L. 95-600, Sec. 802(b)(2)(C), added
subpar. (F).
Subsec. (a)(3)(E). Pub. L. 95-600, Sec. 802(b)(3)(B), inserted
"other than the fiscal year 1979, or".
Subsec. (a)(3)(F). Pub. L. 95-600, Sec. 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, Sec. 271(a), substituted
"$30,000,000" for "$20,000,000".
Subsec. (c)(2). Pub. L. 92-603, Sec. 271(b), substituted
"$1,000,000" for "$650,000".
Subsec. (d). Pub. L. 92-603, Sec. 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 June 30, 1961, from $9,000,000 to $9,075,000 and for fiscal
year ending June 30, 1962, to $9,425,000; the grants to Virgin
Islands and Guam from $315,000 and $420,000 to $318,750 and
$425,000, respectively; and payments under section 303(a)(2)(B) of
this title to Puerto Rico, Virgin Islands and Guam from $500,000,
$15,000 and $20,000 to $625,000, $18,750 and $25,000, respectively.
See also Limitation on Payments note below.
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, Secs. 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 Aug. 1, 1956, substituted "$5,312,500" for
"$4,250,000", and "$200,000" for "$160,000".
TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS
For termination of Trust Territory of the Pacific Islands, see
note set out preceding section 1681 of Title 48, Territories and
Insular Possessions.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 603, 1396a, 1396d,
1396u-5 of this title.
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