42 U.S.C. § 681 — Untitled legal text

Page 2428 TITLE 42—THE PUBLIC HEALTH AND WELFARE §§ 681 to 687 (2) Consideration of other information Before making a calculation under para- graph (1), the Secretary shall consider any in- formation submitted by an Indian tribe, a tribal organization, or a tribal consortium that the Indian tribe, tribal organization, or tribal consortium considers relevant to mak- ing the calculation of the per capita income of the Indian tribe, tribal organization, or tribal consortium. (e) Nonapplication to cooperative agreements and contracts Any cooperative agreement or contract en- tered into between an Indian tribe, a tribal orga- nization, or a tribal consortium and a State for the administration or payment of funds under this part that is in effect as of October 7, 2008, shall remain in full force and effect, subject to the right of either party to the agreement or contract to revoke or modify the agreement or contract pursuant to the terms of the agreement or contract. Nothing in this section shall be con- strued as affecting the authority for an Indian tribe, a tribal organization, or a tribal consor- tium and a State to enter into a cooperative agreement or contract for the administration or payment of funds under this part. (f) John H. Chafee Foster Care Independence Program Except as provided in section 677(j) of this title, subsection (b) of this section shall not apply with respect to the John H. Chafee Foster Care Independence Program established under section 677 of this title (or with respect to pay- ments made under section 674(a)(4) of this title or grants made under section 674(e) of this title). (g) Rule of construction Nothing in this section shall be construed as affecting the application of section 672(h) of this title to a child on whose behalf payments are paid under section 672 of this title, or the appli- cation of section 673(b) of this title to a child on whose behalf payments are made under section 673 of this title pursuant to an adoption assist- ance agreement or a kinship guardianship as- sistance agreement, by an Indian tribe, tribal organization, or tribal consortium that elects to operate a foster care and adoption assistance program in accordance with this section. (Aug. 14, 1935, ch. 531, title IV, § 479B, as added Pub. L. 110–351, title III, § 301(a)(1), Oct. 7, 2008, 122 Stat. 3962; amended Pub. L. 115–123, div. E, title VII, §§ 50711(e), 50722(b), Feb. 9, 2018, 132 Stat. 243, 246.) Editorial Notes REFERENCES IN TEXT Section 301(e)(2) of the Fostering Connections to Suc- cess and Increasing Adoptions Act of 2008, referred to in subsec. (c)(1)(D)(iii)(I), (iv), (v), is section 301(e)(2) of Pub. L. 110–351, which is set out as a note under section 671 of this title. AMENDMENTS 2018—Subsec. (c)(1)(C)(i)(IV). Pub. L. 115–123, § 50711(e)(1)(A)(i), added subcl. (IV). Subsec. (c)(1)(E). Pub. L. 115–123, § 50711(e)(1)(A)(ii), added subpar. (E). Subsec. (c)(4). Pub. L. 115–123, § 50722(b), added par. (4). Subsec. (d). Pub. L. 115–123, § 50711(e)(2), struck out ‘‘for foster care maintenance and adoption assistance payments’’ after ‘‘percentage’’ in heading. Subsec. (d)(1). Pub. L. 115–123, § 50711(e)(1)(B), sub- stituted ‘‘(5), and (6)(A)’’ for ‘‘and (5)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–123 effective Oct. 1, 2018, subject to transition rules for required State legisla- tion or tribal action, see section 50734 of Pub. L. 115–123, set out as a note under section 622 of this title. EFFECTIVE DATE Section effective Oct. 1, 2009, without regard to whether implementing regulations have been promul- gated, see section 301(f) of Pub. L. 110–351, set out as an Effective Date of 2008 Amendment note under section 671 of this title. Enactment of this section effective Oct. 7, 2008, ex- cept as otherwise provided, and applicable to payments under this part and part B of this subchapter for quar- ters beginning on or after effective date of enactment, with delay permitted if State legislation is required to meet additional requirements, see section 601 of Pub. L. 110–351, set out as an Effective Date of 2008 Amendment note under section 671 of this title. CONSTRUCTION For construction of section, see section 301(d) of Pub. L. 110–351, set out as a Construction of 2008 Amendment note under section 671 of this title. PART F—JOB OPPORTUNITIES AND BASIC SKILLS TRAINING PROGRAM §§ 681 to 687. Repealed. Pub. L. 104–193, title I, § 108(e), Aug. 22, 1996, 110 Stat. 2167 Section 681, act Aug. 14, 1935, ch. 531, title IV, § 481, as added Oct. 13, 1988, Pub. L. 100–485, title II, § 201(b), 102 Stat. 2360, related to purpose of part and definitions. Section 682, act Aug. 14, 1935, ch. 531, title IV, § 482, as added Oct. 13, 1988, Pub. L. 100–485, title II, § 201(b), 102 Stat. 2360; amended Oct. 31, 1994, Pub. L. 103–432, title II, § 241(a), 108 Stat. 4466, related to establishment and operation of State programs. Section 683, act Aug. 14, 1935, ch. 531, title IV, § 483, as added Oct. 13, 1988, Pub. L. 100–485, title II, § 201(b), 102 Stat. 2369, related to coordination of Federal and State programs. Section 684, act Aug. 14, 1935, ch. 531, title IV, § 484, as added Oct. 13, 1988, Pub. L. 100–485, title II, § 201(b), 102 Stat. 2370, related to provisions generally applicable to provision of services. Section 685, act Aug. 14, 1935, ch. 531, title IV, § 485, as added Oct. 13, 1988, Pub. L. 100–485, title II, § 201(b), 102 Stat. 2371, related to contract authority. Section 686, act Aug. 14, 1935, ch. 531, title IV, § 486, as added Oct. 13, 1988, Pub. L. 100–485, title II, § 201(b), 102 Stat. 2372, related to initial State evaluations. Section 687, act Aug. 14, 1935, ch. 531, title IV, § 487, as added Oct. 13, 1988, Pub. L. 100–485, title II, § 203(b), 102 Stat. 2378; amended Oct. 31, 1994, Pub. L. 103–432, title II, § 242, 108 Stat. 4466, related to performance stand- ards. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective July 1, 1997, with transition rules re- lating to State options to accelerate such date, rules relating to claims, actions, and proceedings com- menced before such date, rules relating to closing out of accounts for terminated or substantially modified programs and continuance in office of Assistant Sec- Page 2429 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 701 1 So in original. Probably should be capitalized. 2 See References in Text note below. retary for Family Support, and provisions relating to termination of entitlement under AFDC program, see section 116 of Pub. L. 104–193, as amended, set out as an Effective Date note under section 601 of this title. SUBCHAPTER V—MATERNAL AND CHILD HEALTH SERVICES BLOCK GRANT Editorial Notes CODIFICATION Pub. L. 97–35, title XXI, § 2192(a), Aug. 13, 1981, 95 Stat. 818, substituted ‘‘MATERNAL AND CHILD HEALTH SERVICES BLOCK GRANT’’ for ‘‘MATERNAL AND CHILD HEALTH AND CRIPPLED CHILDREN’S SERV- ICES’’ as the heading of title V of the Social Security Act [42 U.S.C. 701 et seq.] as part of the general revision of this subchapter. § 701. Authorization of appropriations; purposes; definitions (a) To improve the health of all mothers and children consistent with the applicable health status goals and national health objectives es- tablished by the Secretary under the Public Health Service Act [42 U.S.C. 201 et seq.] for the year 2000, there are authorized to be appro- priated $850,000,000 for fiscal year 2001 and each fiscal year thereafter— (1) for the purpose of enabling each State— (A) to provide and to assure mothers and children (in particular those with low in- come or with limited availability of health services) access to quality maternal and child health services; (B) to reduce infant mortality and the in- cidence of preventable diseases and handi- capping conditions among children, to re- duce the incidence of stillbirth, to reduce the need for inpatient and long-term care services, to increase the number of children (especially preschool children) appropriately immunized against disease and the number of low income children receiving health as- sessments and follow-up diagnostic and treatment services, and otherwise to pro- mote the health of mothers and infants by providing prenatal, delivery, and postpartum care for low income, at-risk pregnant women, and to promote the health of chil- dren by providing preventive and primary care services for low income children; (C) to provide rehabilitation services for blind and disabled individuals under the age of 16 receiving benefits under subchapter XVI, to the extent medical assistance for such services is not provided under sub- chapter XIX; and (D) to provide and to promote family-cen- tered, community-based, coordinated care (including care coordination services, as de- fined in subsection (b)(3)) for children with special health care needs and to facilitate the development of community-based sys- tems of services for such children and their families; (2) for the purpose of enabling the Secretary (through grants, contracts, or otherwise) to provide for special projects of regional and na- tional significance, research, and training with respect to maternal and child health and children with special health care needs (in- cluding early intervention training and serv- ices development), for genetic disease testing, counseling, and information development and dissemination programs, for grants (including funding for comprehensive hemophilia diag- nostic treatment centers) relating to hemo- philia without regard to age, and for the screening of newborns for sickle cell anemia, and other genetic disorders and follow-up serv- ices, and for evidence-based programs and ac- tivities and outcome research to reduce the in- cidence of stillbirth (including tracking and awareness of fetal movements, improvement of birth timing for pregnancies with risk fac- tors, initiatives that encourage safe sleeping positions during pregnancy, screening and sur- veillance for fetal growth restriction, efforts to achieve smoking cessation during preg- nancy, community-based programs that pro- vide home visits or other types of support, and any other research or evidence-based program- ming to prevent stillbirths); and (3) subject to section 702(b) of this title for the purpose of enabling the Secretary (through grants, contracts, or otherwise) to provide for developing and expanding the fol- lowing— (A) maternal and infant health home vis- iting programs in which case management services as defined in subparagraphs (A) and (B) of subsection (b)(4), health education services, and related social support services are provided in the home to pregnant women or families with an infant up to the age one by an appropriate health professional or by a qualified nonprofessional acting under the supervision of a health care professional, (B) projects designed to increase the par- ticipation of obstetricians and pediatricians under the program under this subchapter and under state 1 plans approved under sub- chapter XIX, (C) integrated maternal and child health service delivery systems (of the type de- scribed in section 1320b–6 2 of this title and using, once developed, the model application form developed under section 6506(a) of the Omnibus Budget Reconciliation Act of 1989), (D) maternal and child health centers which (i) provide prenatal, delivery, and postpartum care for pregnant women and preventive and primary care services for in- fants up to age one, and (ii) operate under the direction of a not-for-profit hospital, (E) maternal and child health projects to serve rural populations, and (F) outpatient and community based serv- ices programs (including day care services) for children with special health care needs whose medical services are provided pri- marily through inpatient institutional care. Funds appropriated under this section may only be used in a manner consistent with the Assisted Suicide Funding Restriction Act of 1997 [42 U.S.C. 14401 et seq.]. (b) For purposes of this subchapter: (1) The term ‘‘consolidated health pro- grams’’ means the programs administered under the provisions of—