ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

42 U.S.C. § 303 — Payments to States and certain territories; computation of amount; eligibility of State to receive payment

submitted 91 years ago by ch. 531 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 622 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law tells the Treasury how to pay states for their approved old-age assistance plans. Puerto Rico, the Virgin Islands, and Guam get half their assistance spending, capped per recipient. Every state gets half of its approved administrative costs, estimated each quarter and later adjusted.

(a) Computation of amounts. Starting with the quarter beginning October 1, 1960, the Secretary of the Treasury pays each state with an approved plan, for each quarter: (1) [Repealed by Pub. L. 97-35 in 1981]; (2) for Puerto Rico, the Virgin Islands, and Guam, half of what was spent that quarter on old-age assistance, except spending above $37.50 per recipient per month doesn't count; (3) [Repealed by Pub. L. 97-35 in 1981]; and (4) for any state, half of whatever amount the Secretary finds was necessary that quarter to properly and efficiently run the state plan. (b) Method of computing and paying amounts. (1) Before each quarter starts, the Secretary of Health and Human Services estimates the payment based on (A) the state's own report estimating its spending for the quarter, the funds the state and its local governments have set aside for it, and — if that's less than the state's fair share — where the rest will come from; (B) records of how many older people live in the state; and (C) any other investigation the Secretary finds necessary. (2) The Secretary of Health and Human Services then certifies that estimate to the Secretary of the Treasury, (A) adjusted up or down by any amount a past quarter's estimate turned out to be wrong, and (B) reduced by the federal government's fair share of any money the state recovered in a past quarter related to assistance paid out — except that these adjustments don't apply where they were already used to adjust a past quarter's certified amount. Money recovered from a deceased recipient's estate, up to what the state spent on that person's funeral, does not count toward this reduction. (3) The Treasury Secretary then pays the state the certified amount, through the Fiscal Service, at whatever time the Secretary of Health and Human Services sets, before any audit or settlement by the Government Accountability Office.
the actual law source: uscode.house.gov ↗public domain
(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), 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.

Source credit: (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. June 30, 1940, 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. Apr. 11, 1953, 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, Aug. 28, 1958, 72 Stat. 1047; Pub. L. 86–778, title VI, § 601(c), (d), Sept. 13, 1960, 74 Stat. 989, 990; Pub. L. 87–31, § 5(a), (b), May 8, 1961, 75 Stat. 77; Pub. L. 87–64, title III, § 303(a), June 30, 1961, 75 Stat. 143; Pub. L. 87–543, title I, §§ 101(a)(1), (b)(1), 132(a), July 25, 1962, 76 Stat. 173, 179, 193; Pub. L. 89–97, title I, § 122, title II, § 221(a)(4), title IV, § 401(a), July 30, 1965, 79 Stat. 353, 357, 414; Pub. L. 90–248, title II, § 212(a), Jan. 2, 1968, 81 Stat. 897; Pub. L. 92–512, title III, § 301(b), (d), Oct. 20, 1972, 86 Stat. 946, 947; Pub. L. 93–647, §§ 3(e)(2), 5(a), Jan. 4, 1975, 88 Stat. 2349, 2350; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 97–35, title XXI, § 2184(a)(4), title XXIII, § 2353(a), Aug. 13, 1981, 95 Stat. 816, 871; Pub. L. 99–603, title I, § 121(b)(4), Nov. 6, 1986, 100 Stat. 3391; Pub. L. 103–66, title XIII, § 13741(b), Aug. 10, 1993, 107 Stat. 663; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.)

history & why it existsrecord from the source credit
  • 1935Enacted · Act of Aug. 14, 1935, ch. 531 · 49 Stat. 621
  • 1939Amended · Act of Aug. 10, 1939, ch. 666 · 53 Stat. 1361
  • 1946Amended · Act of Aug. 10, 1946, ch. 951 · 60 Stat. 991
  • 1948Amended · Act of June 14, 1948, ch. 468 · 62 Stat. 439
  • 1950Amended · Act of Aug. 28, 1950, ch. 809 · 64 Stat. 548, 558
  • 1952Amended · Act of July 18, 1952, ch. 945 · 66 Stat. 778
  • 1954Amended · Act of Sept. 1, 1954, ch. 1206 · 68 Stat. 1097
  • 1956Amended · Act of Aug. 1, 1956, ch. 836 · 70 Stat. 846, 848, 852
  • 1958Amended · Pub. L. 85-840 · 72 Stat. 1047
  • 1960Amended · Pub. L. 86-778 · 74 Stat. 989, 990
  • 1961Amended · Pub. L. 87-31 · 75 Stat. 77
  • 1961Amended · Pub. L. 87-64 · 75 Stat. 143
  • 1962Amended · Pub. L. 87-543 · 76 Stat. 173, 179, 193
  • 1965Amended · Pub. L. 89-97 · 79 Stat. 353, 357, 414
  • 1968Amended · Pub. L. 90-248 · 81 Stat. 897
  • 1972Amended · Pub. L. 92-512 · 86 Stat. 946, 947
  • 1975Amended · Pub. L. 93-647 · 88 Stat. 2349, 2350
  • 1979Amended · Pub. L. 96-88 · 93 Stat. 695
  • 1981Amended · Pub. L. 97-35 · 95 Stat. 816, 871
  • 1986Amended · Pub. L. 99-603 · 100 Stat. 3391
  • 1993Amended · Pub. L. 103-66 · 107 Stat. 663
  • 2004Amended · Pub. L. 108-271 · 118 Stat. 814

A history note hasn’t been published yet. The record shows enactment by ch. 531 on 1935-08-14.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case