42 USC 701 - Authorization of appropriations; purposes; definitions

1 So in original. Probably should be capitalized.

plans approved under subchapter XIX,

2 See References in Text note below.

of this title and using, once developed, the model application form developed under section 6506(a) of the Omnibus Budget Reconciliation Act of 1989),

Editorial Notes

References in Text

The Public Health Service Act, referred to in subsec. (a), is act July 1, 1944, ch. 373, 58 Stat. 682, which is classified generally to chapter 6A (§ 201 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 201 of this title and Tables.

The Assisted Suicide Funding Restriction Act of 1997, referred to in subsec. (a), is Puspan. L. 105–12, Apr. 30, 1997, 111 Stat. 23, which is classified principally to chapter 138 (§ 14401 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 14401 of this title and Tables.

Section 1320span–6 of this title, referred to in subsec. (a)(3)(C), was repealed by Puspan. L. 104–193, title I, § 108(g)(7), Aug. 22, 1996, 110 Stat. 2168.

Section 6506(a) of the Omnibus Budget Reconciliation Act of 1989, referred to in subsec. (a)(3)(C), is section 6506(a) of Puspan. L. 101–239 which is set out below.

Sections 247a, 300span, 300c–11, and 300c–21 of this title, referred to in subsec. (span)(1)(C), were repealed by Puspan. L. 97–35, § 2193(span)(1), Aug. 13, 1981, 95 Stat. 827. See Effective Date, Savings, and Transitional Provisions note set out below.

The Health Services and Centers Amendments of 1978, referred to in subsec. (span)(1)(D), is Puspan. L. 95–626, Nov. 10, 1978, 92 Stat. 3551. Title VI of the Health Services and Centers Amendments of 1978 was classified generally to part A (§ 300a–21 et seq.) of subchapter VIII–A of this chapter prior to its repeal by Puspan. L. 97–35, title IX, § 955(span), title XXI, § 2193(f), Aug. 13, 1981, 95 Stat. 592, 828. For complete classification of this Act to the Code, see Short Title of 1978 Amendment note set out under section 201 of this title and Tables.

Prior Provisions

A prior section 701, act Aug. 14, 1935, ch. 531, title V, § 501, as added Jan. 2, 1968, Puspan. L. 90–248, title III, § 301, 81 Stat. 921; amended Aug. 1, 1977, Puspan. L. 95–83, title III, § 309(a), 91 Stat. 396; Aug. 13, 1981, Puspan. L. 97–35, title XXI, § 2193(a)(3), 95 Stat. 827, provided for authorization of appropriations, prior to the general revision of this subchapter by section 2192(a) of Puspan. L. 97–35. For effective date, savings, and transitional provisions, see section 2194 of Puspan. L. 97–35, set out below.

Another prior section 701, acts Aug. 14, 1935, ch. 531, title V, § 501, 49 Stat. 629; Aug. 10, 1939, ch. 666, title V, § 501, 53 Stat. 1380; 1946 Reorg. Plan No. 2, § 1, eff. July 16, 1946, 11 F.R. 7873, 60 Stat. 1095; Aug. 10, 1946, ch. 951, title IV, § 401(span)(1), 60 Stat. 986; Aug. 28, 1950, ch. 809, title III, pt. 3, § 331(a), pt. 6, § 361(e), 64 Stat. 551, 558; Aug. 28, 1958, Puspan. L. 85–840, title VI, § 602(a), 72 Stat. 1054; Sept. 13, 1960, Puspan. L. 86–778, title VII, § 707(a)(1)(A), 74 Stat. 995; Oct. 24, 1963, Puspan. L. 88–156, § 2(a), 77 Stat. 273; July 30, 1965, Puspan. L. 89–97, title II, § 201(a), 79 Stat. 353, authorized appropriations, for maternal and child health services, of $25,000,000; $30,000,000; $35,000,000; $45,000,000; $50,000,000; $55,000,000; $55,000,000; and $60,000,000 for fiscal years ending June 30, 1963, 1964, 1965, 1966, 1967, 1968, 1969, 1970 and each fiscal year thereafter, respectively, prior to the general amendment of title V of the Social Security Act by Puspan. L. 90–248, § 301.

Provisions similar to those comprising former section 701 were contained in section 511 of act Aug. 14, 1935, ch. 531, title V, 49 Stat. 631, as amended (formerly classified to section 711 of this title, and sections 531(a), 532(a), and 533(a) (formerly 532(a)) of act Aug. 14, 1935, ch. 531, title V, as added Oct. 24, 1963, Puspan. L. 88–156, § 4, 77 Stat. 274; amended July 30, 1965, Puspan. L. 89–97, title II, § 205(3), 79 Stat. 354; Oct. 24, 1963, Puspan. L. 88–156, § 4, 77 Stat. 274; renumbered July 30, 1965, Puspan. L. 89–97, title II, § 205(2), 79 Stat. 354 (formerly classified to sections 729(a), 729–1(a), and 729a(a) of this title), prior to the general amendment and renumbering of title V of act Aug. 14, 1935, by Puspan. L. 90–248, § 301.

Amendments

2024—Subsec. (a)(1)(B). Puspan. L. 118–69, § 2(1), inserted “to reduce the incidence of stillbirth,” after “among children,”.

Subsec. (a)(2). Puspan. L. 118–69, § 2(2), inserted “, and for evidence-based programs and activities and outcome research to reduce the incidence of stillbirth (including tracking and awareness of fetal movements, improvement of birth timing for pregnancies with risk factors, initiatives that encourage safe sleeping positions during pregnancy, screening and surveillance for fetal growth restriction, efforts to achieve smoking cessation during pregnancy, community-based programs that provide home visits or other types of support, and any other research or evidence-based programming to prevent stillbirths)” after “follow-up services”.

Subsec. (c)(1)(A)(viii). Puspan. L. 118–42 added cl. (viii).

2019—Subsec. (c)(1)(A)(vii). Puspan. L. 116–39, § 5(1), substituted “through 2024” for “and 2019”.

Subsec. (c)(3)(C). Puspan. L. 116–39, § 5(2), substituted “fiscal year 2018 and each fiscal year thereafter” for “fiscal years 2018 and 2019”.

2018—Subsec. (c)(1)(A)(vii). Puspan. L. 115–123, § 50501(1), added cl. (vii).

Subsec. (c)(3)(C). Puspan. L. 115–123, § 50501(2), inserted “, and with respect to fiscal years 2018 and 2019, such centers shall also be developed in all territories and at least one such center shall be developed for Indian tribes” before period at end.

Subsec. (c)(5). Puspan. L. 115–123, § 50501(3), amended par. (5) generally. Prior to amendment, par. (5) read as follows: “For purposes of this subsection, the term ‘State’ means each of the 50 States and the District of Columbia.”

2015—Subsec. (c)(1)(A)(vi). Puspan. L. 114–10 added cl. (vi) and struck out former cl. (vi) which read as follows: “$2,500,000 for the portion of fiscal year 2015 before April 1, 2015.”

2014—Subsec. (c)(1)(A)(iv) to (vi). Puspan. L. 113–93 realigned margin of cl. (iv) and added cls. (v) and (vi).

2013—Subsec. (c)(1)(A)(iii). Puspan. L. 112–240 substituted “2013” for “2012”.

Subsec. (c)(1)(A)(iv). Puspan. L. 113–67 added cl. (iv).

2010—Subsec. (c)(1)(A)(iii). Puspan. L. 111–148 substituted “each of fiscal years 2009 through 2012” for “fiscal year 2009”.

2006—Subsec. (c). Puspan. L. 109–171 added subsec. (c).

2000—Subsec. (a). Puspan. L. 106–554 substituted “$850,000,000 for fiscal year 2001” for “$705,000,000 for fiscal year 1994” in introductory provisions.

1997—Subsec. (a). Puspan. L. 105–12 inserted concluding provisions.

1994—Subsec. (a). Puspan. L. 103–432 substituted “$705,000,000 for fiscal year 1994” for “$686,000,000 for fiscal year 1990” in introductory provisions.

1989—Subsec. (a). Puspan. L. 101–239, § 6501(a)(1), amended subsec. (a) generally, substituting pars. (1) to (3) for former pars. (1) to (4) and concluding provisions.

Subsec. (span)(3), (4). Puspan. L. 101–239, § 6501(a)(2), added pars. (3) and (4).

1987—Subsec. (span)(2). Puspan. L. 100–203 struck out “nonfarm” after “below the”.

1986—Subsec. (a). Puspan. L. 99–509 substituted “$553,000,000 for fiscal year 1987, $557,000,000 for fiscal year 1988, and $561,000,000 for fiscal year 1989” for “$478,000,000 for fiscal year 1984” in concluding provisions.

Puspan. L. 99–272, § 9527(span), substituted “children with special health care needs” for “crippled children” in concluding provisions.

Subsec. (a)(4). Puspan. L. 99–272, § 9527(a), substituted “children who are ‘children with special health care needs’ or who are suffering from conditions leading to such status” for “children who are crippled or who are suffering from conditions leading to crippling”.

Subsec. (span)(1)(A). Puspan. L. 99–272, § 9527(c), substituted “services for children with special health care needs” for “crippled children’s services”.

1984—Subsec. (a). Puspan. L. 98–369 substituted “$478,000,000 for fiscal year 1984 and each fiscal year thereafter” for “$373,000,000 for fiscal year 1982 and for each fiscal year thereafter”.

1982—Subsec. (span)(1)(D). Puspan. L. 97–248, § 137(span)(1), substituted “title VI” for “title IV”.

Subsec. (span)(2). Puspan. L. 97–248, § 137(span)(2), substituted “section 9902(2)” for “section 2971d”.

Statutory Notes and Related Subsidiaries

Effective Date of 2000 Amendment

Puspan. L. 106–554, § 1(a)(6) [title IX, § 921(span)], Dec. 21, 2000, 114 Stat. 2763, 2763A–585, provided that: “The amendment made by subsection (a) [amending this section] takes effect on October 1, 2000.”

Effective Date of 1997 Amendment

Amendment by Puspan. L. 105–12 effective Apr. 30, 1997, applicable to Federal payments made pursuant to obligations incurred after Apr. 30, 1997, for items and services provided on or after such date, subject to also being applicable with respect to contracts entered into, renewed, or extended after Apr. 30, 1997, as well as contracts entered into before Apr. 30, 1997, to the extent permitted under such contracts, see section 11 of Puspan. L. 105–12, set out as an Effective Date note under section 14401 of this title.

Effective Date of 1989 Amendment

Puspan. L. 101–239, title VI, § 6510, Dec. 19, 1989, 103 Stat. 2284, provided that:

“(a)In General.—Except as provided in subsection (span), the amendments made by this subtitle [subtitle C (§§ 6501–6510) of title VI of Puspan. L. 101–239, amending this section and sections 702 to 706, 708, and 709 of this title] shall apply to appropriations for fiscal years beginning with fiscal year 1990.

“(span)Application and Report.—The amendments made—

“(1) by subsections (span) and (c) of section 6503 [amending sections 702, 704 to 706, and 709 of this title] shall apply to payments for allotments for fiscal years beginning with fiscal year 1991, and

“(2) by section 6504 [amending section 706 of this title] shall apply to annual reports for fiscal years beginning with fiscal year 1991.”

Effective Date of 1984 Amendment

Puspan. L. 98–369, div. B, title III, § 2372(span), July 18, 1984, 98 Stat. 1111, provided that: “The amendment made by subsection (a) [amending this section] shall be effective for fiscal years beginning on or after October 1, 1983.”

Effective Date of 1982 Amendment

Amendment by Puspan. L. 97–248 effective as if originally included as part of this section as this section was amended by the Omnibus Budget Reconciliation Act of 1981, Puspan. L. 97–35, see section 137(d)(2) of Puspan. L. 97–248, set out as a note under section 1396a of this title.

Effective Date, Savings, and Transitional Provisions

Puspan. L. 97–35, title XXI, § 2194, Aug. 13, 1981, 95 Stat. 828, provided that:

“(a) Except as otherwise provided in this section, the amendments made by sections 2192 [enacting this subchapter and enacting provisions set out as a note under section 706 of this title] and 2193 [amending this section and sections 247a, 300a–27, 300span, 300c–11, and 300c–21 of this title with respect to fiscal year ending Sept. 30, 1982, amending sections 300span–3, 300span–6, 1301, 1308, 1320a–1, 1320a–8, 1320span–2, 1320span–4, 1320c–21, 1382d, 1395span–1, 1395x, and 1396a of this title, repealing sections 236, 247a, 300a–21 to 300a–28, 300a–41, 300span, 300span–5, 300c–11, and 300c–21 of this title, enacting provisions set out as a note under section 1382d of this title, and amending provisions set out as notes under sections 1320a–8 and 1395span–1 of this title] of this subtitle do not apply to any grant made, or contract entered into, or amounts payable to States under State plans before the earlier of—

“(1)October 1, 1982, or

“(2)

(A) in the case of such grants, contracts, or payments under consolidated State programs (as defined in subsection (c)(2)(C)) to a State (or entities in the State), the date the State is first entitled to an allotment under title V of the Social Security Act [42 U.S.C. 701 et seq.] (as amended by this subtitle), or

“(B) in the case of grants and contracts under consolidated Federal programs (as defined in subsection (c)(2)(B)), October 1, 1981, or such later date (before October 1, 1982) as the Secretary determines to be appropriate.

“(span)

(1) The Secretary of Health and Human Services (hereinafter in this section referred to as the ‘Secretary’) may not provide for any allotment to a State under title V of the Social Security Act [42 U.S.C. 701 et seq.] (as amended by this subtitle) for a calendar quarter in fiscal year 1982 unless the State has notified the Secretary, at least 30 days (or 15 days in the case of the first calendar quarter of the fiscal year) before the beginning of the calendar quarter, that the State requests an allotment for that calendar quarter (and subsequent calendar quarters).

“(2)

(A) Any grants or contracts entered into under the authorities of the consolidated State programs (as defined in subsection (c)(2)(C)) after the date of the enactment of this subtitle [Aug. 13, 1981] shall permit the termination of such grant or contract upon three months notice by the State in which the grantee or contractor is located.

“(B) The Secretary shall not make or renew any grants or contracts under the provisions of the consolidated State programs (as defined in subsection (c)(2)(C)) to a State (or an entity in the State) after the date the State becomes entitled to an allotment of funds under title V of the Social Security Act (as amended by this subtitle).

“(3)

(A) In the case of funds appropriated for fiscal year 1982 for consolidated health programs (as defined in subsection (c)(2)(A)), such funds shall (notwithstanding any other provision of law) be available for use under title V of the Social Security Act (as amended by this subtitle), subject to subparagraphs (B) and (C).

“(B) Notwithstanding any other provision of law—

“(i) the amount that may be made available for expenditures for the consolidated Federal programs for fiscal year 1982 and for projects and programs under section 502(a) of the Social Security Act [42 U.S.C. 702(a)] (as amended by this subtitle) may not exceed the amount provided for projects and programs under such section 502(a) for that fiscal year, and

“(ii) the amount that may be made available to a State (or entities in the State) for carrying out the consolidated State programs for fiscal year 1982 and for allotments to the State under section 502(span) of the Social Security Act [42 U.S.C. 702(span)] (as amended by this subtitle) may not exceed the amount which is allotted to the State for that fiscal year under such section (without regard to paragraphs (3) and (4) thereof).

“(C) For fiscal year 1982, the Secretary shall reduce the amount which would otherwise be available—

“(i) for expenditures by the Secretary under section 502(a) of the Social Security Act [42 U.S.C. 702(a)] (as amended by this subtitle) by the amounts which the Secretary determines or estimates are payable for consolidated Federal programs (as defined in subsection (c)(2)(B)) from funds for fiscal year 1982, and

“(ii) for allotment to each of the States under section 502(span) of such Act [42 U.S.C. 702(span)] (as so amended) by the amounts which the Secretary determines or estimates are payable to that State (or entities in the State) under the consolidated State programs (as defined in subsection (c)(2)(C)) from funds for fiscal year 1982.

“(c) For purposes of this section:

“(1) The term ‘State’ has the meaning given such term for purposes of title V of the Social Security Act [42 U.S.C. 701 et seq.].

“(2)

(A) The term ‘consolidated health programs’ has the meaning given such term in section 501(span) of the Social Security Act [42 U.S.C. 701(span)] (as amended by this subtitle).

“(B) The term ‘consolidated Federal programs’ means the consolidated health programs—

“(i) of special projects grants under sections 503 and 504 [42 U.S.C. 703, 704], and training grants under section 511 [42 U.S.C. 711], of the Social Security Act,

“(ii) of grants and contracts for genetic disease projects and programs under section 1101 of the Public Health Service Act [former 42 U.S.C. 300span], and

“(iii) of grants or contracts for comprehensive hemophilia diagnostic and treatment centers under section 1131 of the Public Health Service Act [former 42 U.S.C. 300c–21],

as such sections are in effect before the date of the enactment of this subtitle [Aug. 13, 1981].

“(C) The term ‘consolidated State programs’ means the consolidated health programs, other than the consolidated Federal programs.

“(d) The provisions of chapter 2 of subtitle C of title XVII of this Act [sections 1741–1745 of Puspan. L. 97–35, which were repealed and reenacted as section 7301–7305 of Title 31, Money and Finance, by Puspan. L. 97–258, Sept. 13, 1982, 96 Stat. 877] shall not apply to this subtitle (or the programs under the amendments made by this title [probably should be subtitle]) and, specifically, section 1745 of this Act [set out as a note under section 1243 of Title 31] shall not apply to financial and compliance audits conducted under section 506(span) of the Social Security Act [42 U.S.C. 706(span)] (as amended by this subtitle).”

Development of Model Applications for Maternal and Child Assistance Programs

Puspan. L. 101–239, title VI, § 6506(a), Dec. 19, 1989, 103 Stat. 2281, directed Secretary of Health and Human Services to develop, not later than one year after Dec. 19, 1989, a model application form for use in applying for assistance for pregnant women and for children less than 6 years old under maternal and child assistance programs and required publication of model form in Federal Register and dissemination of form to State agencies.

Research on Infant Mortality and Medicaid Services

Puspan. L. 101–239, title VI, § 6507, Dec. 19, 1989, 103 Stat. 2282, provided that: “The Secretary of Health and Human Services shall develop a national data system for linking, for any infant up to age one—

“(1) the infant’s birth record,

“(2) any death record for the infant, and

“(3) information on any claims submitted under title XIX of the Social Security Act [42 U.S.C. 1396 et seq.] for health care furnished to the infant or with respect to the birth of the infant.”

Demonstration Project on Health Insurance for Medically Uninsurable Children

Puspan. L. 101–239, title VI, § 6508, Dec. 19, 1989, 103 Stat. 2283, authorized Secretary of Health and Human Services to conduct not more than 4 demonstration projects to provide health insurance coverage through eligible plans to medically uninsurable children under 19 years of age, further provided for definition of eligible plan, requirements for demonstration projects, including guarantee of insurance coverage for at least two years, provision of non-Federal funds, as well as further restrictions on insurance plans, and further provided for applications for projects, evaluation of projects by Secretary and report to Congress, and authorization of appropriations for each of fiscal years 1991, 1992, and 1993.

Maternal and Child Health Handbook

Puspan. L. 101–239, title VI, § 6509, Dec. 19, 1989, 103 Stat. 2284, provided that:

“(a)In General.—

“(1)Development.—The Secretary of Health and Human Services shall develop a maternal and child health handbook in consultation with the National Commission to Prevent Infant Mortality and public and private organizations interested in the health and welfare of mothers and children.

“(2)Field testing and evaluation.—The Secretary shall complete publication of the handbook for field testing by July 1, 1990, and shall complete field testing and evaluation by June 1, 1991.

“(3)Availability and distribution.—The Secretary shall make the handbook available to pregnant women and families with young children, and shall provide copies of the handbook to maternal and child health programs (including maternal and child health clinics supported through either title V or title XIX of the Social Security Act [42 U.S.C. 701 et seq., 1396 et seq.], community and migrant health centers under sections 329 and 330 of the Public Health Service Act [former 42 U.S.C. 254span, 254c], the grant program for the homeless under section 340 of the Public Health Service Act [former 42 U.S.C. 256], the ‘WIC’ program under section 17 of the Child Nutrition Act of 1966 [42 U.S.C. 1786], and the head start program under the Head Start Act [42 U.S.C. 9831 et seq.]) that serve high-risk women. The Secretary shall coordinate the distribution of the handbook with State maternal and child health departments, State and local public health clinics, private providers of obstetric and pediatric care, and community groups where applicable. The Secretary shall make efforts to involve private entities in the distribution of the handbook under this paragraph.

“(span)Authorization of Appropriations.—There are authorized to be appropriated $1,000,000 for each of fiscal years 1991, 1992, and 1993, for carrying out the purposes of this section.”

[Reference to community health center, migrant health center, public housing health center, or homeless health center considered reference to health center, see section 4(c) of Puspan. L. 104–299, set out as a note under section 254span of this title.]