§ 1611. Aliens who are not qualified aliens ineli-
gible for Federal public benefits
(a) In general
Notwithstanding any other provision of law
and except as provided in subsection (b), an
alien who is not a qualified alien (as defined in
section 1641 of this title) is not eligible for any
Federal public benefit (as defined in subsection
(c)).
(b) Exceptions
(1) Subsection (a) shall not apply with respect
to the following Federal public benefits:
(A) Medical assistance under title XIX of the
Social Security Act [42 U.S.C. 1396 et seq.] (or
any successor program to such title) for care
and services that are necessary for the treat-
ment of an emergency medical condition (as
defined in section 1903(v)(3) of such Act [42
U.S.C. 1396b(v)(3)]) of the alien involved and
are not related to an organ transplant proce-
dure, if the alien involved otherwise meets the
eligibility requirements for medical assistance
under the State plan approved under such title
(other than the requirement of the receipt of
aid or assistance under title IV of such Act [42
U.S.C. 601 et seq.], supplemental security in-
come benefits under title XVI of such Act [42
U.S.C. 1381 et seq.], or a State supplementary
payment).
(B) Short-term, non-cash, in-kind emergency
disaster relief.
(C) Public health assistance (not including
any assistance under title XIX of the Social
Security Act [42 U.S.C. 1396 et seq.]) for immu-
nizations with respect to immunizable dis-
eases and for testing and treatment of symp-
toms of communicable diseases whether or not
such symptoms are caused by a communicable
disease.
(D) Programs, services, or assistance (such
as soup kitchens, crisis counseling and inter-
vention, and short-term shelter) specified by
the Attorney General, in the Attorne
File SHA-256: fb4fe5020bc56f5597c9d8629c93308f9842b8a067b90ad1c4479c30eaa8d317. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. This page displays the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Stable record: federal_law:legal_authorities:uscode2024_7d798cd15d3c7ef0aa33237e Source file: Laws/federal/codes/united-states-code-2024/title-8/section-1611-aliens-who-are-not-qualified-aliens-ineli--7767934536.md Pages: Not recorded – Not recorded Passage SHA-256: 528df8726507253338ebd53d00ef05ad06cae9bb0eecdb7f8eac182820c24ffb Retained source evidence SHA-256: fb4fe5020bc56f5597c9d8629c93308f9842b8a067b90ad1c4479c30eaa8d317
Page 560
TITLE 8—ALIENS AND NATIONALITY
§ 1601
Sec.
1644.
Communication between State and local gov-
ernment agencies and Immigration and
Naturalization Service.
1645.
Qualifying quarters.
1646.
Derivative eligibility for benefits.
§ 1601. Statements of national policy concerning
welfare and immigration
The Congress makes the following statements
concerning national policy with respect to wel-
fare and immigration:
(1) Self-sufficiency has been a basic principle
of United States immigration law since this
country’s earliest immigration statutes.
(2) It continues to be the immigration policy
of the United States that—
(A) aliens within the Nation’s borders not
depend on public resources to meet their
needs, but rather rely on their own capabili-
ties and the resources of their families, their
sponsors, and private organizations, and
(B) the availability of public benefits not
constitute an incentive for immigration to
the United States.
(3) Despite the principle of self-sufficiency,
aliens have been applying for and receiving
public benefits from Federal, State, and local
governments at increasing rates.
(4) Current eligibility rules for public assist-
ance and unenforceable financial support
agreements have proved wholly incapable of
assuring that individual aliens not burden the
public benefits system.
(5) It is a compelling government interest to
enact new rules for eligibility and sponsorship
agreements in order to assure that aliens be
self-reliant in accordance with national immi-
gration policy.
(6) It is a compelling government interest to
remove the incentive for illegal immigration
provided by the availability of public benefits.
(7) With respect to the State authority to
make determinations concerning the eligi-
bility of qualified aliens for public benefits in
this chapter, a State that chooses to follow
the Federal classification in determining the
eligibility of such aliens for public assistance
shall be considered to have chosen the least
restrictive means available for achieving the
compelling governmental interest of assuring
that aliens be self-reliant in accordance with
national immigration policy.
(Pub. L. 104–193, title IV, § 400, Aug. 22, 1996, 110
Stat. 2260.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in par. (7), was in the origi-
nal ‘‘this title’’ meaning title IV of Pub. L. 104–193,
Aug. 22, 1996, 110 Stat. 2260, which enacted this chapter,
section 1183a of this title, and sections 611a and 1437y of
Title 42, The Public Health and Welfare, amended sec-
tion 1383 of this title, sections 32 and 6213 of Title 26, In-
ternal Revenue Code, and sections 1436a and 1471 of
Title 42, and enacted provisions set out as notes under
section 1183a of this title and section 32 of Title 26. For
complete classification of title IV to the Code, see Ta-
bles.
Statutory Notes and Related Subsidiaries
SHORT TITLE OF 2008 AMENDMENT
Pub. L. 110–328, § 1, Sept. 30, 2008, 122 Stat. 3567, pro-
vided that: ‘‘This Act [amending section 1612 of this
title and sections 3304, 6103, and 6402 of Title 26, Inter-
nal Revenue Code, and enacting provisions set out as a
note under section 3304 of Title 26] may be cited as the
‘SSI Extension for Elderly and Disabled Refugees
Act’.’’
SUBCHAPTER I—ELIGIBILITY FOR
FEDERAL BENEFITS
§ 1611. Aliens who are not qualified aliens ineli-
gible for Federal public benefits
(a) In general
Notwithstanding any other provision of law
and except as provided in subsection (b), an
alien who is not a qualified alien (as defined in
section 1641 of this title) is not eligible for any
Federal public benefit (as defined in subsection
(c)).
(b) Exceptions
(1) Subsection (a) shall not apply with respect
to the following Federal public benefits:
(A) Medical assistance under title XIX of the
Social Security Act [42 U.S.C. 1396 et seq.] (or
any successor program to such title) for care
and services that are necessary for the treat-
ment of an emergency medical condition (as
defined in section 1903(v)(3) of such Act [42
U.S.C. 1396b(v)(3)]) of the alien involved and
are not related to an organ transplant proce-
dure, if the alien involved otherwise meets the
eligibility requirements for medical assistance
under the State plan approved under such title
(other than the requirement of the receipt of
aid or assistance under title IV of such Act [42
U.S.C. 601 et seq.], supplemental security in-
come benefits under title XVI of such Act [42
U.S.C. 1381 et seq.], or a State supplementary
payment).
(B) Short-term, non-cash, in-kind emergency
disaster relief.
(C) Public health assistance (not including
any assistance under title XIX of the Social
Security Act [42 U.S.C. 1396 et seq.]) for immu-
nizations with respect to immunizable dis-
eases and for testing and treatment of symp-
toms of communicable diseases whether or not
such symptoms are caused by a communicable
disease.
(D) Programs, services, or assistance (such
as soup kitchens, crisis counseling and inter-
vention, and short-term shelter) specified by
the Attorney General, in the Attorney Gen-
eral’s sole and unreviewable discretion after
consultation with appropriate Federal agen-
cies and departments, which (i) deliver in-kind
services at the community level, including
through public or private nonprofit agencies;
(ii) do not condition the provision of assist-
ance, the amount of assistance provided, or
the cost of assistance provided on the indi-
vidual recipient’s income or resources; and
(iii) are necessary for the protection of life or
safety.
(E) Programs for housing or community de-
velopment assistance or financial assistance
administered by the Secretary of Housing and
Page 561
TITLE 8—ALIENS AND NATIONALITY
§ 1611
Urban Development, any program under title
V of the Housing Act of 1949 [42 U.S.C. 1471 et
seq.], or any assistance under section 1926c of
title 7, to the extent that the alien is receiving
such a benefit on August 22, 1996.
(2) Subsection (a) shall not apply to any ben-
efit payable under title II of the Social Security
Act [42 U.S.C. 401 et seq.] to an alien who is law-
fully present in the United States as determined
by the Attorney General, to any benefit if non-
payment of such benefit would contravene an
international agreement described in section 233
of the Social Security Act [42 U.S.C. 433], to any
benefit if nonpayment would be contrary to sec-
tion 202(t) of the Social Security Act [42 U.S.C.
402(t)], or to any benefit payable under title II of
the Social Security Act to which entitlement is
based on an application filed in or before August
1996.
(3) Subsection (a) shall not apply to any ben-
efit payable under title XVIII of the Social Se-
curity Act [42 U.S.C. 1395 et seq.] (relating to the
medicare program) to an alien who is lawfully
present in the United States as determined by
the Attorney General and, with respect to bene-
fits payable under part A of such title [42 U.S.C.
1395c et seq.], who was authorized to be em-
ployed with respect to any wages attributable to
employment which are counted for purposes of
eligibility for such benefits.
(4) Subsection (a) shall not apply to any ben-
efit payable under the Railroad Retirement Act
of 1974 [45 U.S.C. 231 et seq.] or the Railroad Un-
employment Insurance Act [45 U.S.C. 351 et seq.]
to an alien who is lawfully present in the United
States as determined by the Attorney General
or to an alien residing outside the United
States.
(5) Subsection (a) shall not apply to eligibility
for benefits for the program defined in section
1612(a)(3)(A) of this title (relating to the supple-
mental security income program), or to eligi-
bility for benefits under any other program that
is based on eligibility for benefits under the pro-
gram so defined, for an alien who was receiving
such benefits on August 22, 1996.
(c) ‘‘Federal public benefit’’ defined
(1) Except as provided in paragraph (2), for
purposes of this chapter the term ‘‘Federal pub-
lic benefit’’ means—
(A) any grant, contract, loan, professional li-
cense, or commercial license provided by an
agency of the United States or by appropriated
funds of the United States; and
(B) any retirement, welfare, health, dis-
ability, public or assisted housing, postsec-
ondary education, food assistance, unemploy-
ment benefit, or any other similar benefit for
which payments or assistance are provided to
an individual, household, or family eligibility
unit by an agency of the United States or by
appropriated funds of the United States.
(2) Such term shall not apply—
(A) to any contract, professional license, or
commercial license for a nonimmigrant whose
visa for entry is related to such employment
in the United States, or to a citizen of a freely
associated state, if section 141 of the applica-
ble compact of free association approved in
Public Law 99–239 or 99–658 (or a successor pro-
vision) is in effect;
(B) with respect to benefits for an alien who
as a work authorized nonimmigrant or as an
alien lawfully admitted for permanent resi-
dence under the Immigration and Nationality
Act [8 U.S.C. 1101 et seq.] qualified for such
benefits and for whom the United States under
reciprocal treaty agreements is required to
pay benefits, as determined by the Attorney
General, after consultation with the Secretary
of State; or
(C) to the issuance of a professional license
to, or the renewal of a professional license by,
a foreign national not physically present in
the United States.
(Pub. L. 104–193, title IV, § 401, Aug. 22, 1996, 110
Stat. 2261; Pub. L. 105–33, title V, §§ 5561, 5565,
Aug. 5, 1997, 111 Stat. 638, 639; Pub. L. 105–306,
§§ 2, 5(a), Oct. 28, 1998, 112 Stat. 2926, 2927.)
Editorial Notes
REFERENCES IN TEXT
The Social Security Act, referred to in subsec. (b), is
act Aug. 14, 1935, ch. 531, 49 Stat. 620. Titles II, IV, XVI,
XVIII, and XIX of the Act are classified generally to
subchapters II (§ 401 et seq.), IV (§ 601 et seq.), XVI (§ 1381
et seq.), XVIII (§ 1395 et seq.), and XIX (§ 1396 et seq.), re-
spectively, of chapter 7 of Title 42, The Public Health
and Welfare. Part A of title XVIII of the Act is classi-
fied generally to part A (§ 1395c et seq.) of subchapter
XVIII of chapter 7 of Title 42. For complete classifica-
tion of this Act to the Code, see section 1305 of Title 42
and Tables.
The Housing Act of 1949, referred to in subsec.
(b)(1)(E), is act July 15, 1949, ch. 338, 63 Stat. 413. Title
V of the Act is classified generally to subchapter III
(§ 1471 et seq.) of chapter 8A of Title 42, The Public
Health and Welfare. For complete classification of this
Act to the Code, see Short Title note set out under sec-
tion 1441 of Title 42 and Tables.
The Railroad Retirement Act of 1974, referred to in
subsec. (b)(4), is act Aug. 29, 1935, ch. 812, as amended
generally by Pub. L. 93–445, title I, § 101, Oct. 16, 1974, 88
Stat. 1305, which is classified generally to subchapter
IV (§ 231 et seq.) of chapter 9 of Title 45, Railroads. For
further details and complete classification of this Act
to the Code, see Codification note set out preceding
section 231 of Title 45, section 231t of Title 45, and Ta-
bles.
The Railroad Unemployment Insurance Act, referred
to in subsec. (b)(4), is act June 25, 1938, ch. 680, 52 Stat.
1094, which is classified principally to chapter 11 (§ 351
et seq.) of Title 45, Railroads. For complete classifica-
tion of this Act to the Code, see section 367 of Title 45
and Tables.
This chapter, referred to in subsec. (c)(1), was in the
original ‘‘this title’’ meaning title IV of Pub. L. 104–193,
Aug. 22, 1996, 110 Stat. 2260, which enacted this chapter,
section 1183a of this title, and sections 611a and 1437y of
Title 42, The Public Health and Welfare, amended sec-
tion 1383 of this title, sections 32 and 6213 of Title 26, In-
ternal Revenue Code, and sections 1436a and 1471 of
Title 42, and enacted provisions set out as notes under
section 1183a of this title and section 32 of Title 26. For
complete classification of title IV to the Code, see Ta-
bles.
Section 141 of the applicable compact of free associa-
tion approved in Public Law 99–239 or 99–658, referred to
in subsec. (c)(2)(A), means section 141 of the Compact of
Free Association between the Government of the
United States and the Governments of the Marshall Is-
lands and the Federated States of Micronesia, which is
contained in section 201 of Pub. L. 99–239, set out as a
note under section 1901 of Title 48, Territories and Insu-
Page 562
TITLE 8—ALIENS AND NATIONALITY
§ 1612
lar Possessions, and section 141 of the Compact of Free
Association between the United States and the Govern-
ment of Palau, which is contained in section 201 of Pub.
L. 99–658, set out as a note under section 1931 of Title
48.
The Immigration and Nationality Act, referred to in
subsec. (c)(2)(B), is act June 27, 1952, ch. 477, 66 Stat.
163, which is classified principally to chapter 12 (§ 1101
et seq.) of this title. For complete classification of this
Act to the Code, see Short Title note set out under sec-
tion 1101 of this title and Tables.
AMENDMENTS
1998—Subsec. (b)(5). Pub. L. 105–306, § 2, added par. (5).
Subsec. (c)(2)(C). Pub. L. 105–306, § 5(a), added subpar.
(C).
1997—Subsec. (b)(3). Pub. L. 105–33, § 5561(a), added
par. (3).
Subsec. (b)(4). Pub. L. 105–33, § 5561(b), added par. (4).
Subsec. (c)(2)(A). Pub. L. 105–33, § 5565, inserted before
semicolon ‘‘, or to a citizen of a freely associated state,
if section 141 of the applicable compact of free associa-
tion approved in Public Law 99–239 or 99–658 (or a suc-
cessor provision) is in effect’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1997 AMENDMENT
Amendment by Pub. L. 105–33 effective as if included
in the enactment of title IV of the Personal Responsi-
bility and Work Opportunity Reconciliation Act of 1996,
Pub. L. 104–193, see section 5582 of Pub. L. 105–33, set out
as a note under section 1367 of this title.
ABOLITION OF IMMIGRATION AND NATURALIZATION
SERVICE AND TRANSFER OF FUNCTIONS
For abolition of Immigration and Naturalization
Service, transfer of functions, and treatment of related
references, see note set out under section 1551 of this
title.
ADDITIONAL FUNDING FOR STATE EMERGENCY HEALTH
SERVICES FURNISHED TO UNDOCUMENTED ALIENS
Pub. L. 105–33, title IV, § 4723, Aug. 5, 1997, 111 Stat.
515, provided that:
‘‘(a) TOTAL AMOUNT AVAILABLE
FOR ALLOTMENT.—
There are available for allotments under this section
for each of the 4 consecutive fiscal years (beginning
with fiscal year 1998) $25,000,000 for payments to certain
States under this section.
‘‘(b) STATE ALLOTMENT AMOUNT.—
‘‘(1) IN
GENERAL.—The Secretary of Health and
Human Services shall compute an allotment for each
fiscal year beginning with fiscal year 1998 and ending
with fiscal year 2001 for each of the 12 States with the
highest number of undocumented aliens. The amount
of such allotment for each such State for a fiscal year
shall bear the same ratio to the total amount avail-
able for allotments under subsection (a) for the fiscal
year as the ratio of the number of undocumented
aliens in the State in the fiscal year bears to the
total of such numbers for all such States for such fis-
cal year. The amount of allotment to a State pro-
vided under this paragraph for a fiscal year that is
not paid out under subsection (c) shall be available
for payment during the subsequent fiscal year.
‘‘(2) DETERMINATION.—For purposes of paragraph (1),
the number of undocumented aliens in a State under
this section shall be determined based on estimates
of the resident illegal alien population residing in
each State prepared by the Statistics Division of the
Immigration and Naturalization Service as of Octo-
ber 1992 (or as of such later date if such date is at
least 1 year before the beginning of the fiscal year in-
volved).
‘‘(c) USE OF FUNDS.—From the allotments made under
subsection (b), the Secretary shall pay to each State
amounts the State demonstrates were paid by the
State (or by a political subdivision of the State) for
emergency health services furnished to undocumented
aliens.
‘‘(d) STATE DEFINED.—For purposes of this section,
the term ‘State’ includes the District of Columbia.
‘‘(e) STATE ENTITLEMENT.—This section constitutes
budget authority in advance of appropriations Acts and
represents the obligation of the Federal Government to
provide for the payment to States of amounts provided
under this section.’’
STUDY
AND
REPORT
ON
ALIEN
STUDENT
ELIGIBILITY
FOR
POSTSECONDARY
FEDERAL
STUDENT
FINANCIAL
ASSISTANCE
Pub. L. 104–208, div. C, title V, § 506, Sept. 30, 1996, 110
Stat. 3009–672, provided that not later than one year
after Sept. 30, 1996, the Comptroller General was to sub-
mit to Congress a report on the extent to which aliens
who were not lawfully admitted for permanent resi-
dence were receiving postsecondary Federal student fi-
nancial assistance, and the Secretary of Education and
the Commissioner of Social Security were jointly to
submit to Congress a report on the computer matching
program of the Department of Education under section
1091(p) of title 20.
§ 1612. Limited eligibility of qualified aliens for
certain Federal programs
(a) Limited eligibility for specified Federal pro-
grams
(1) In general
Notwithstanding any other provision of law
and except as provided in paragraph (2), an
alien who is a qualified alien (as defined in
section 1641 of this title) is not eligible for any
specified Federal program (as defined in para-
graph (3)).
(2) Exceptions
(A) Time-limited exception for refugees and
asylees
With respect to the specified Federal pro-
grams described in paragraph (3), paragraph
(1) shall not apply to an alien until 7 years
after the date—
(i) an alien is admitted to the United
States as a refugee under section 207 of the
Immigration and Nationality Act [8 U.S.C.
1157];
(ii) an alien is granted asylum under sec-
tion 208 of such Act [8 U.S.C. 1158];
(iii) an alien’s deportation is withheld
under section 243(h) of such Act [8 U.S.C.
1253] (as in effect immediately before the
effective date of section 307 of division C of
Public Law 104–208) or section 241(b)(3) of
such Act [8 U.S.C. 1231(b)(3)] (as amended
by section 305(a) of division C of Public
Law 104–208);
(iv) an alien is granted status as a Cuban
and Haitian entrant (as defined in section
501(e) of the Refugee Education Assistance
Act of 1980); or
(v) an alien is admitted to the United
States as an Amerasian immigrant pursu-
ant to section 584 of the Foreign Oper-
ations, Export Financing, and Related Pro-
grams Appropriations Act, 1988 (as con-
tained in section 101(e) of Public Law
100–202 and amended by the 9th proviso
under MIGRATION AND REFUGEE ASSISTANCE
in title II of the Foreign Operations, Ex-
port Financing, and Related Programs Ap-
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section, act Aug. 14, 1935, ch. 531, title XVI, § 1604, as added July 25, 1962, Pub. L. 87–543, title I, § 141(a), 76 Stat. 204, related to operation of State plans, prior to the general revision of this subchapter by Pub. L. 92–603, Oct. 30, 1972, 86 Stat. 1465, eff. Jan. 1, 1974.
#### Puerto Rico, Guam, and Virgin Islands
Enactment of subchapter XVI of the Social Security Act [this subchapter] by Pub. L. 92–603, eff. Jan. 1, 1974, was not applicable to Puerto Rico, Guam, and the Virgin Islands. See section 303(b) of Pub. L. 92–603, set out as a note under [section 301 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section301&num=0&edition=prelim). Therefore, as to Puerto Rico, Guam, and the Virgin Islands, section 1604 of the Social Security Act [this section] as it existed prior to reenactment of this subchapter by Pub. L. 92–603 continues to apply and reads as follows:
§ 1384. Operation of State plans
If the Commissioner of Social Security, after reasonable notice and opportunity for hearing to the State agency administering or supervising the administration of the State plan approved under this subchapter, finds—
(1) that the plan has been so changed that it no longer complies with the provisions of [section 1332 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1332&num=0&edition=prelim); or
(2) that in the administration of the plan there is a failure to comply substantially with any such provision;
the Commissioner of Social Security shall notify such State agency that further payments will not be made to the State (or, in the Commissioner’s discretion, that payments will be limited to categories under or parts of the State plan not affected
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 1381. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 1381. Statement of purpose; authorization of ap-
propriations
For the purpose of establishing a national pro-
gram to provide supplemental security income
to individuals who have attained age 65 or are
blind or disabled, there are authorized to be ap-
propriated sums sufficient to carry out this sub-
chapter.
(Aug. 14, 1935, ch. 531, title XVI, § 1601, as added
Pub. L. 92–603, title III, § 301, Oct. 30, 1972, 86
Stat. 1465.)
Editorial Notes
PRIOR PROVISIONS
A prior section 1381, act Aug. 14, 1935, ch. 531, title
XVI, § 1601, as added July 25, 1962, Pub. L. 87–543, title
I, § 141(a), 76 Stat. 197, authorized appropriations for
grants to States for aid to aged, blind, or disabled, and
for medical assistance for aged, prior to the general
amendment of title XVI of the Social Security Act by
Pub. L. 92–603, § 301, but is set out as a note below in
view of its continued applicability to Puerto Rico,
Guam, and the Virgin Islands.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Pub. L. 92–603, title III, § 301, Oct. 30, 1972, 86 Stat.
1465, provided that this section is effective Jan. 1, 1974.
CONTINUATION
OF
FEDERAL
FINANCIAL
PARTICIPATION
IN
EXPERIMENTAL,
PILOT,
OR
DEMONSTRATION
PROJECTS APPROVED BEFORE OCTOBER 1973, FOR PE-
RIOD ON-AND-AFTER DECEMBER 31, 1973, WITHOUT DE-
NIAL
OR
REDUCTION
ON
ACCOUNT
OF
SUBCHAPTER
XVI PROVISIONS; WAIVER
OF SUBCHAPTER XVI RE-
STRICTIONS FOR INDIVIDUALS; FEDERAL PAYMENTS OF
NON-FEDERAL SHARE AS SUPPLEMENTARY PAYMENTS
Subchapter provisions without effect on Federal Fi-
nancial Participation in Experimental, Pilot or Dem-
onstration Projects approved before Oct. 1, 1973, for pe-
riod on-and-after Dec. 31, 1973, see section 11 of Pub. L.
93–233, Dec. 31, 1973, 87 Stat. 958, set out as a note under
section
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 1381. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment** There is hereby established the Medicaid and CHIP Payment and Access Commission (in this section referred to as “MACPAC”).
**(b) Duties**
(1) **Review of access policies for all States and annual reports** — MACPAC shall—
(A) review policies of the Medicaid program established under this subchapter (in this section referred to as “Medicaid”) and the State Children’s Health Insurance Program established under subchapter XXI (in this section referred to as “CHIP”) affecting access to covered items and services, including topics described in paragraph (2);
(B) make recommendations to Congress, the Secretary, and States concerning such access policies;
(C) by not later than March 15 of each year (beginning with 2010), submit a report to Congress containing the results of such reviews and MACPAC’s recommendations concerning such policies; and
(D) by not later than June 15 of each year (beginning with 2010), submit a report to Congress containing an examination of issues affecting Medicaid and CHIP, including the implications of changes in health care delivery in the United States and in the market for health care services on such programs.
(2) **Specific topics to be reviewed** — Specifically, MACPAC shall review and assess the following:
(A) *Medicaid and CHIP payment policies* — Payment policies under Medicaid and CHIP, including—
(i) the factors affecting expenditures for the efficient provision of items and services in different sectors, including the process for updating payments to medical, dental, and health professionals, hospitals, residential and long-term care providers, providers of home and community based services, Federally-qualified health centers and rural health clinics, managed care entities, and providers of ot
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 1396. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 1396. Medicaid and CHIP Payment and Access
Commission
(a) Establishment
There is hereby established the Medicaid and
CHIP Payment and Access Commission (in this
section referred to as ‘‘MACPAC’’).
(b) Duties
(1) Review of access policies for all States and
annual reports
MACPAC shall—
(A) review policies of the Medicaid pro-
gram established under this subchapter (in
this section referred to as ‘‘Medicaid’’) and
the State Children’s Health Insurance Pro-
gram established under subchapter XXI (in
this section referred to as ‘‘CHIP’’) affecting
access to covered items and services, includ-
ing topics described in paragraph (2);
(B) make recommendations to Congress,
the Secretary, and States concerning such
access policies;
(C) by not later than March 15 of each year
(beginning with 2010), submit a report to
Congress containing the results of such re-
views and MACPAC’s recommendations con-
cerning such policies; and
(D) by not later than June 15 of each year
(beginning with 2010), submit a report to
Congress
containing
an
examination
of
issues affecting Medicaid and CHIP, includ-
ing the implications of changes in health
care delivery in the United States and in the
market for health care services on such pro-
grams.
(2) Specific topics to be reviewed
Specifically, MACPAC shall review and as-
sess the following:
(A) Medicaid and CHIP payment policies
Payment policies under Medicaid and
CHIP, including—
(i) the factors affecting expenditures for
the efficient provision of items and serv-
ices in different sectors, including the
process for updating payments to medical,
dental, and health professionals, hospitals,
residential and long-term care providers,
providers of home and community based
services, Federally-qualified health ce
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 1396. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Computation of amount** From the sums appropriated therefor, the Secretary (except as otherwise provided in this section) shall pay to each State which has a plan approved under this subchapter, for each quarter, beginning with the quarter commencing January 1, 1966—
(1) an amount equal to the Federal medical assistance percentage (as defined in [section 1396d(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396d/b&num=0&edition=prelim), subject to subsections (g) and (j) of this section and [section 1396r–4(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396r–4/f&num=0&edition=prelim)) of the total amount expended during such quarter as medical assistance under the State plan; plus
(2)
(A) an amount equal to 75 per centum of so much of the sums expended during such quarter (as found necessary by the Secretary for the proper and efficient administration of the State plan) as are attributable to compensation or training of skilled professional medical personnel, and staff directly supporting such personnel, of the State agency or any other public agency; plus
(B) notwithstanding paragraph (1) or subparagraph (A), with respect to amounts expended for nursing aide training and competency evaluation programs, and competency evaluation programs, described in [section 1396r(e)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396r/e/1&num=0&edition=prelim) (including the costs for nurse aides to complete such competency evaluation programs), regardless of whether the programs are provided in or outside nursing facilities or of the skill of the personnel involved in such programs, an amount equal to 50 percent (or, for calendar
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 1396b. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 1396b. Payment to States
(a) Computation of amount
From the sums appropriated therefor, the Sec-
retary (except as otherwise provided in this sec-
Page 4127
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1396b
1 So in original. Probably should be ‘‘a quality improvement
organization’’.
tion) shall pay to each State which has a plan
approved under this subchapter, for each quar-
ter, beginning with the quarter commencing
January 1, 1966—
(1) an amount equal to the Federal medical
assistance percentage (as defined in section
1396d(b) of this title, subject to subsections (g)
and (j) of this section and section 1396r–4(f) of
this title) of the total amount expended during
such quarter as medical assistance under the
State plan; plus
(2)(A) an amount equal to 75 per centum of
so much of the sums expended during such
quarter (as found necessary by the Secretary
for the proper and efficient administration of
the State plan) as are attributable to com-
pensation or training of skilled professional
medical personnel, and staff directly sup-
porting such personnel, of the State agency or
any other public agency; plus
(B) notwithstanding paragraph (1) or sub-
paragraph (A), with respect to amounts ex-
pended for nursing aide training and com-
petency evaluation programs, and competency
evaluation programs, described in section
1396r(e)(1) of this title (including the costs for
nurse aides to complete such competency eval-
uation programs), regardless of whether the
programs are provided in or outside nursing
facilities or of the skill of the personnel in-
volved in such programs, an amount equal to
50 percent (or, for calendar quarters beginning
on or after July 1, 1988, and before October 1,
1990, the lesser of 90 percent or the Federal
medical assist
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 1396b. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Authorization and purposes of assistance** The Secretary of Agriculture (hereinafter referred to as the “Secretary”) is authorized, subject to the terms and conditions of this subchapter, to extend financial assistance, through the Farmers Home Administration, (1) to owners of farms in the United States and in the Territories of Alaska and Hawaii and in the Commonwealth of Puerto Rico, the Virgin Islands, the territories and possessions of the United States, and the Trust Territory of the Pacific Islands, to enable them to construct, improve, alter, repair, or replace dwellings and other farm buildings on their farms, and to purchase buildings and land constituting a minimum adequate site, in order to provide them, their tenants, lessees, sharecroppers, and laborers with decent, safe, and sanitary living conditions and adequate farm buildings as specified in this subchapter, and (2) to owners of other real estate in rural areas for the construction, improvement, alteration, or repair of dwellings, related facilities, and farm buildings and to rural residents, including persons who reside in reservations or villages of Indian tribes, for such purposes and for the purchase of buildings and the purchase of land constituting a minimum adequate site, in order to enable them to provide dwellings and related facilities for their own use and buildings adequate for their farming operations, and (3) to elderly or handicapped persons or families who are or will be the owners of land in rural areas for the construction, improvement, alteration, or repair of dwellings and related facilities, the purchase of dwellings and related facilities and the purchase of land constituting a minimum adequate site, in order to provide them with adequate dwellings and related facilities for
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 1471. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 1471. Financial assistance by Secretary of Agri-
culture
(a) Authorization and purposes of assistance
The Secretary of Agriculture (hereinafter re-
ferred to as the ‘‘Secretary’’) is authorized, sub-
ject to the terms and conditions of this sub-
chapter, to extend financial assistance, through
the Farmers Home Administration, (1) to owners
of farms in the United States and in the Terri-
tories of Alaska and Hawaii and in the Common-
wealth of Puerto Rico, the Virgin Islands, the
territories and possessions of the United States,
and the Trust Territory of the Pacific Islands, to
enable them to construct, improve, alter, repair,
or replace dwellings and other farm buildings on
their farms, and to purchase buildings and land
constituting a minimum adequate site, in order
to provide them, their tenants, lessees, share-
croppers, and laborers with decent, safe, and
sanitary living conditions and adequate farm
buildings as specified in this subchapter, and (2)
to owners of other real estate in rural areas for
the construction, improvement, alteration, or
repair of dwellings, related facilities, and farm
buildings and to rural residents, including per-
sons who reside in reservations or villages of In-
dian tribes, for such purposes and for the pur-
chase of buildings and the purchase of land con-
stituting a minimum adequate site, in order to
enable them to provide dwellings and related fa-
cilities for their own use and buildings adequate
for their farming operations, and (3) to elderly
or handicapped persons or families who are or
will be the owners of land in rural areas for the
construction, improvement, alteration, or repair
of dwellings and related facilities, the purchase
of dwellings and related facilities and the pur-
chase of land constitu
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 1471. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Federal Old-Age and Survivors Insurance Trust Fund** There is hereby created on the books of the Treasury of the United States a trust fund to be known as the “Federal Old-Age and Survivors Insurance Trust Fund”. The Federal Old-Age and Survivors Insurance Trust Fund shall consist of the securities held by the Secretary of the Treasury for the Old-Age Reserve Account and the amount standing to the credit of the Old-Age Reserve Account on the books of the Treasury on January 1, 1940, which securities and amount the Secretary of the Treasury is authorized and directed to transfer to the Federal Old-Age and Survivors Insurance Trust Fund, and, in addition, such gifts and bequests as may be made as provided in subsection (i)(1), and such amounts as may be appropriated to, or deposited in, the Federal Old-Age and Survivors Insurance Trust Fund as hereinafter provided. There is hereby appropriated to the Federal Old-Age and Survivors Insurance Trust Fund for the fiscal year ending June 30, 1941, and for each fiscal year thereafter, out of any moneys in the Treasury not otherwise appropriated, amounts equivalent to 100 per centum of—
(1) the taxes (including interest, penalties, and additions to the taxes) received under subchapter A of chapter 9 of the Internal Revenue Code of 1939 (and covered into the Treasury) which are deposited into the Treasury by collectors of internal revenue before January 1, 1951; and
(2) the taxes certified each month by the Commissioner of Internal Revenue as taxes received under subchapter A of chapter 9 of such Code which are deposited into the Treasury by collectors of internal revenue after December 31, 1950, and before January 1, 1953, with respect to assessments of such taxes made before January 1, 1951; and
(3) the taxes imposed by
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 401. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 401. Trust Funds
(a) Federal Old-Age and Survivors Insurance
Trust Fund
There is hereby created on the books of the
Treasury of the United States a trust fund to be
known as the ‘‘Federal Old-Age and Survivors
Insurance Trust Fund’’. The Federal Old-Age
and Survivors Insurance Trust Fund shall con-
sist of the securities held by the Secretary of
the Treasury for the Old-Age Reserve Account
and the amount standing to the credit of the
Old-Age Reserve Account on the books of the
Treasury on January 1, 1940, which securities
and amount the Secretary of the Treasury is au-
thorized and directed to transfer to the Federal
Old-Age and Survivors Insurance Trust Fund,
and, in addition, such gifts and bequests as may
be made as provided in subsection (i)(1), and
such amounts as may be appropriated to, or de-
posited in, the Federal Old-Age and Survivors
Insurance Trust Fund as hereinafter provided.
There is hereby appropriated to the Federal Old-
Age and Survivors Insurance Trust Fund for the
fiscal year ending June 30, 1941, and for each fis-
cal year thereafter, out of any moneys in the
Treasury not otherwise appropriated, amounts
equivalent to 100 per centum of—
(1) the taxes (including interest, penalties,
and additions to the taxes) received under sub-
chapter A of chapter 9 of the Internal Revenue
Code of 1939 (and covered into the Treasury)
which are deposited into the Treasury by col-
lectors of internal revenue before January 1,
1951; and
(2) the taxes certified each month by the
Commissioner of Internal Revenue as taxes re-
ceived under subchapter A of chapter 9 of such
Code which are deposited into the Treasury by
collectors of internal revenue after December
31, 1950, and before January 1, 1953, with re-
spect to assessments of such t
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 401. This identifies an authority to review, not proof of applicability.