---
kind: "section"
citation: "42 U.S.C. § 1320a–9"
title: "42"
title_heading: "The Public Health and Welfare"
number: "1320a–9"
heading: "Demonstration projects"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/1320a-9"
units:
  - "Chapter 7 — Social Security"
  - "Subchapter XI — General Provisions, Peer Review, and Administrative Simplification"
  - "Part A — General Provisions"
---

# §1320a–9. Demonstration projects

- (a) **Authority to approve demonstration projects—**
  - (1) **In general—** The [Secretary](/usc/42/1301.md?p=a-6) may authorize [States](/usc/42/619.md?p=5) to conduct demonstration [projects](/usc/42/13641.md?p=2) pursuant to this section which the [Secretary](/usc/42/1301.md?p=a-6) finds are likely to promote the objectives of part B or E of subchapter IV.
  - (2) **Limitation—** During [fiscal years](/usc/42/619.md?p=3) 2012 through 2014, the [Secretary](/usc/42/1301.md?p=a-6) may authorize demonstration [projects](/usc/42/13641.md?p=2) described in [paragraph (1)](#a-1), with not more than 10 demonstration [projects](/usc/42/13641.md?p=2) to be authorized in each [fiscal year](/usc/42/619.md?p=3).
  - (3) **Conditions for State eligibility—** For purposes of a new demonstration [project](/usc/42/13641.md?p=2) under this section that is initially approved in any of [fiscal years](/usc/42/619.md?p=3) 2012 through 2014, a [State](/usc/42/619.md?p=5) shall be authorized to conduct such demonstration [project](/usc/42/13641.md?p=2) only if the [State](/usc/42/619.md?p=5) satisfies the following conditions:
    - (A) **Identify 1 or more goals—**
      - (i) **In general—** The [State](/usc/42/619.md?p=5) shall demonstrate that the demonstration [project](/usc/42/13641.md?p=2) is designed to accomplish 1 or more of the following goals:
        - (I) Increase permanency for all infants, children, and [youth](/usc/42/629a.md?p=a-11) by reducing the time in foster placements when possible and promoting a successful transition to adulthood for older [youth](/usc/42/629a.md?p=a-11).
        - (II) Increase positive outcomes for infants, children, [youth](/usc/42/629a.md?p=a-11), and families in their homes and communities, [including](/usc/42/1301.md?p=b) tribal communities, and improve the safety and well-being of infants, children, and [youth](/usc/42/629a.md?p=a-11).
        - (III) Prevent [child](/usc/42/1382c.md?p=c) [abuse](/usc/42/1397j.md?p=1) and [neglect](/usc/42/1397j.md?p=16) and the re-entry of infants, children, and [youth](/usc/42/629a.md?p=a-11) into foster care.
      - (ii) **Long-term therapeutic family treatment centers; addressing domestic violence—** With respect to a demonstration [project](/usc/42/13641.md?p=2) that is designed to accomplish 1 or more of the goals described in [clause (i)](#a-3-A-i), the [State](/usc/42/619.md?p=5) may elect to establish a program—
        - (I) to permit foster care maintenance payments to be made under part E of subchapter IV to a long-term therapeutic family [treatment](/usc/42/11851.md?p=11) center (as described in [paragraph (8)(B)](#a-8-B)) on behalf of a [child](/usc/42/1382c.md?p=c) residing in the center; or
        - (II) to identify and address domestic violence that endangers children and results in the placement of children in foster care.
    - (B) **Demonstrate readiness—** The [State](/usc/42/619.md?p=5) shall demonstrate through a narrative description the [State](/usc/42/619.md?p=5)’s capacity to effectively use the authority to conduct a demonstration [project](/usc/42/13641.md?p=2) under this section by identifying changes the [State](/usc/42/619.md?p=5) has made or plans to make in policies, procedures, or other elements of the [State](/usc/42/619.md?p=5)’s [child](/usc/42/1382c.md?p=c) welfare program that will enable the [State](/usc/42/619.md?p=5) to successfully achieve the goal or goals of the [project](/usc/42/13641.md?p=2).
    - (C) **Demonstrate implemented or planned child welfare program improvement policies—**
      - (i) **In general—** The [State](/usc/42/619.md?p=5) shall demonstrate that the [State](/usc/42/619.md?p=5) has implemented, or plans to implement within 3 years of the date on which the [State](/usc/42/619.md?p=5) submits its application to conduct the demonstration [project](/usc/42/13641.md?p=2) or 2 years after the date on which the [Secretary](/usc/42/1301.md?p=a-6) approves such demonstration [project](/usc/42/13641.md?p=2) (whichever is later), at least 2 of the [child](/usc/42/1382c.md?p=c) welfare program improvement policies described in [paragraph (7)](#a-7).
      - (ii) **Previous implementation—** For purposes of the requirement described in [clause (i)](#a-3-C-i), at least 1 of the [child](/usc/42/1382c.md?p=c) welfare program improvement policies to be implemented by the [State](/usc/42/619.md?p=5) shall be a policy that the [State](/usc/42/619.md?p=5) has not previously implemented as of the date on which the [State](/usc/42/619.md?p=5) submits an application to conduct the demonstration [project](/usc/42/13641.md?p=2).
      - (iii) **Implementation review—** The [Secretary](/usc/42/1301.md?p=a-6) may terminate the authority of a [State](/usc/42/619.md?p=5) to conduct a demonstration [project](/usc/42/13641.md?p=2) under this section if, after the 3-year period following approval of the demonstration [project](/usc/42/13641.md?p=2), the [State](/usc/42/619.md?p=5) has not made significant progress in implementing the [child](/usc/42/1382c.md?p=c) welfare program improvement policies proposed by the [State](/usc/42/619.md?p=5) under [clause (i)](#a-3-C-i).
  - (4) **Limitation on eligibility—** The [Secretary](/usc/42/1301.md?p=a-6) may not authorize a [State](/usc/42/619.md?p=5) to conduct a demonstration [project](/usc/42/13641.md?p=2) under this section if the [State](/usc/42/619.md?p=5) fails to provide [health insurance coverage](/usc/42/1397jj.md?p=c-3) to any [child](/usc/42/1382c.md?p=c) with special needs (as determined under [section 673(c) of this title](/usc/42/673.md?p=c)) for whom there is in effect an adoption assistance agreement between a [State](/usc/42/619.md?p=5) and an adoptive parent or parents.
  - (5) **Requirement to consider effect of project on terms and conditions of certain court orders—** In considering an application to conduct a demonstration [project](/usc/42/13641.md?p=2) under this section that has been submitted by a [State](/usc/42/619.md?p=5) in which there is in effect a court order determining that the [State](/usc/42/619.md?p=5)’s [child](/usc/42/1382c.md?p=c) welfare program has failed to comply with the provisions of part B or E of subchapter IV, or with the Constitution of the [United States](/usc/42/1301.md?p=a-2), the [Secretary](/usc/42/1301.md?p=a-6) shall take into consideration the effect of approving the proposed [project](/usc/42/13641.md?p=2) on the terms and conditions of the court order related to the failure to comply and the ability of the [State](/usc/42/619.md?p=5) to implement a corrective action plan approved under [section 1320a–2a of this title](/usc/42/1320a–2a.md).
  - (6) **Inapplicability of random assignment for control groups as a factor for approval of demonstration projects—** For purposes of evaluating an application to conduct a demonstration [project](/usc/42/13641.md?p=2) under this section, the [Secretary](/usc/42/1301.md?p=a-6) shall not take into consideration whether such [project](/usc/42/13641.md?p=2) requires random assignment of children and families to groups served under the [project](/usc/42/13641.md?p=2) and to control groups.
  - (7) **Child welfare program improvement policies—** For purposes of [paragraph (3)(C)](#a-3-C), the [child](/usc/42/1382c.md?p=c) welfare program improvement policies described in this paragraph are the following:
    - (A) The establishment of a bill of rights for infants, children, and [youth](/usc/42/629a.md?p=a-11) in foster care that is widely shared and clearly outlines protections for infants, children, and [youth](/usc/42/629a.md?p=a-11), such as assuring frequent visits with parents, siblings, and caseworkers, access to attorneys, and participation in age-appropriate extracurricular activities, and procedures for ensuring the protections are provided.
    - (B) The development and implementation of a plan for meeting the health and mental health needs of infants, children, and [youth](/usc/42/629a.md?p=a-11) in foster care that [includes](/usc/42/1301.md?p=b) ensuring that the provision of health and mental health care is [child](/usc/42/1382c.md?p=c)-specific, comprehensive, appropriate, and consistent (through means such as ensuring the infant, [child](/usc/42/1382c.md?p=c), or [youth](/usc/42/629a.md?p=a-11) has a medical home, regular wellness medical visits, and addressing the issue of trauma, when appropriate).
    - (C) The inclusion in the [State](/usc/42/619.md?p=5) plan under [section 671 of this title](/usc/42/671.md) of an amendment implementing the option under [subsection (a)(28)](/usc/42/671.md?p=a-28) of that section to enter into kinship [guardianship](/usc/42/1397j.md?p=11) assistance agreements.
    - (D) The election under the [State](/usc/42/619.md?p=5) plan under [section 671 of this title](/usc/42/671.md) to define a “[child](/usc/42/1382c.md?p=c)” for purposes of the provision of foster care maintenance payments, adoption assistance payments, and kinship [guardianship](/usc/42/1397j.md?p=11) assistance payments, so as to include individuals described in each of subclauses (I), (II), and (III) of [section 675(8)(B)(i) of this title](/usc/42/675.md?p=8-B-i) who have not attained age 21.
    - (E) The development and implementation of a plan that ensures congregate care is used appropriately and reduces the placement of children and [youth](/usc/42/629a.md?p=a-11) in such care.
    - (F) Of those infants, children, and [youth](/usc/42/629a.md?p=a-11) in out-of-home placements, substantially increasing the number of cases of siblings who are in the same foster care, kinship [guardianship](/usc/42/1397j.md?p=11), or adoptive placement, above the number of such cases in [fiscal year](/usc/42/619.md?p=3) 2008.
    - (G) The development and implementation of a plan to improve the recruitment and retention of high quality foster family homes trained to help assist infants, children, and [youth](/usc/42/629a.md?p=a-11) swiftly secure permanent families. Supports for foster families under such a plan may include increasing maintenance payments to more adequately meet the needs of infants, children, and [youth](/usc/42/629a.md?p=a-11) in foster care and expanding training, respite care, and other support services for foster parents.
    - (H) The establishment of procedures designed to assist [youth](/usc/42/629a.md?p=a-11) as they prepare for their transition out of foster care, such as arranging for participation in age-appropriate extra-curricular activities, providing appropriate access to cell phones, computers, and opportunities to obtain a driver’s license, providing notification of all sibling placements if siblings are in care and sibling location if siblings are out of care, and providing counseling and financial support for post-secondary education.
    - (I) The inclusion in the [State](/usc/42/619.md?p=5) plan under [section 671 of this title](/usc/42/671.md) of a description of [State](/usc/42/619.md?p=5) procedures for—
      - (i) ensuring that [youth](/usc/42/629a.md?p=a-11) in foster care who have attained age 16 are engaged in discussions, [including](/usc/42/1301.md?p=b) during the development of the transition plans required under paragraphs (1)(D) and (5)(H) of [section 675 of this title](/usc/42/675.md), that explore whether the [youth](/usc/42/629a.md?p=a-11) wishes to reconnect with the [youth](/usc/42/629a.md?p=a-11)’s biological family, [including](/usc/42/1301.md?p=b) parents, grandparents, and siblings, and, if so, what skills and strategies the [youth](/usc/42/629a.md?p=a-11) will need to successfully and safely reconnect with those family members;
      - (ii) providing appropriate guidance and services to [youth](/usc/42/629a.md?p=a-11) whom[^1] affirm an intent to reconnect with biological family members on how to successfully and safely manage such reconnections; and
      - (iii) making, when appropriate, efforts to include biological family members in such reconnection efforts.
    - (J) The establishment of one or more of the following programs designed to prevent infants, children, and [youth](/usc/42/629a.md?p=a-11) from entering foster care or to provide permanency for infants, children, and [youth](/usc/42/629a.md?p=a-11) in foster care:
      - (i) An intensive family finding program.
      - (ii) A kinship navigator program.
      - (iii) A family counseling program, such as a family group decision-making program, and which may include in-home peer support for families.
      - (iv) A comprehensive family-based substance [abuse](/usc/42/1397j.md?p=1) [treatment](/usc/42/11851.md?p=11) program.
      - (v) A program under which special efforts are made to identify and address domestic violence that endangers infants, children, and [youth](/usc/42/629a.md?p=a-11) and puts them at risk of entering foster care.
      - (vi) A [mentoring](/usc/42/629a.md?p=a-12) program.
  - (8) **Definitions—** In this subsection—
    - (A) the term “[youth](/usc/42/629a.md?p=a-11)” means, with respect to a [State](/usc/42/619.md?p=5), an individual who has attained age 12 but has not attained the age at which an individual is no longer considered to be a [child](/usc/42/1382c.md?p=c) under the [State](/usc/42/619.md?p=5) plans under parts B and E of subchapter IV, and
    - (B) the term “long-term therapeutic family [treatment](/usc/42/11851.md?p=11) center” means a [State](/usc/42/619.md?p=5) licensed or certified program that enables parents and their children to live together in a safe environment for a period of not less than 6 months and provides, on-site or by referral, substance [abuse](/usc/42/1397j.md?p=1) [treatment](/usc/42/11851.md?p=11) services, children’s early [intervention](/usc/42/1397n–12.md?p=2) services, family counseling, legal services, [medical care](/usc/42/1301.md?p=a-7), mental health services, nursery and preschool, parenting skills training, pediatric care, prenatal care, sexual [abuse](/usc/42/1397j.md?p=1) therapy, relapse prevention, transportation, and job or vocational training or classes leading to a secondary school diploma or a certificate of general equivalence.
- (b) **Waiver authority—** The [Secretary](/usc/42/1301.md?p=a-6) may waive compliance with any requirement of part B or E of subchapter IV which (if applied) would prevent a [State](/usc/42/619.md?p=5) from carrying out a demonstration [project](/usc/42/13641.md?p=2) under this section or prevent the [State](/usc/42/619.md?p=5) from effectively achieving the purpose of such a [project](/usc/42/13641.md?p=2), except that the [Secretary](/usc/42/1301.md?p=a-6) may not waive—
  - (1) any provision of [section 622(b)(8) of this title](/usc/42/622.md?p=b-8), or [section 679 of this title](/usc/42/679.md); or
  - (2) any provision of such part E, to the extent that the waiver would impair the entitlement of any qualified [child](/usc/42/1382c.md?p=c) or family to benefits under a [State](/usc/42/619.md?p=5) plan approved under such part E.
- (c) **Treatment as program expenditures—** For purposes of parts B and E of subchapter IV, the [Secretary](/usc/42/1301.md?p=a-6) shall consider the expenditures of any [State](/usc/42/619.md?p=5) to conduct a demonstration [project](/usc/42/13641.md?p=2) under this section to be expenditures under subpart 1 or 2 of such part B, or under such part E, as the [State](/usc/42/619.md?p=5) may elect.
- (d) **Duration of demonstration—**
  - (1) **In general—** Subject to [paragraph (2)](#d-2), a demonstration [project](/usc/42/13641.md?p=2) under this section may be conducted for not more than 5 years, unless in the judgment of the [Secretary](/usc/42/1301.md?p=a-6), the demonstration [project](/usc/42/13641.md?p=2) should be allowed to continue.
  - (2) **Termination of authority—** In no event shall a demonstration [project](/usc/42/13641.md?p=2) under this section be conducted after September 30, 2019.
- (e) **Application—** Any [State](/usc/42/619.md?p=5) seeking to conduct a demonstration [project](/usc/42/13641.md?p=2) under this section shall submit to the [Secretary](/usc/42/1301.md?p=a-6) an application, in such form as the [Secretary](/usc/42/1301.md?p=a-6) may require, which [includes](/usc/42/1301.md?p=b)—
  - (1) a description of the proposed [project](/usc/42/13641.md?p=2), the geographic area in which the proposed [project](/usc/42/13641.md?p=2) would be conducted, the children or families who would be served by the proposed [project](/usc/42/13641.md?p=2), and the services which would be provided by the proposed [project](/usc/42/13641.md?p=2);
  - (2) a statement of the period during which the proposed [project](/usc/42/13641.md?p=2) would be conducted;
  - (3) a discussion of the benefits that are expected from the proposed [project](/usc/42/13641.md?p=2) (compared to a continuation of activities under the approved plan or plans of the [State](/usc/42/619.md?p=5));
  - (4) an estimate of the costs or savings of the proposed [project](/usc/42/13641.md?p=2);
  - (5) a statement of program requirements for which waivers would be needed to permit the proposed [project](/usc/42/13641.md?p=2) to be conducted;
  - (6) a description of the proposed evaluation design;
  - (7) an accounting of any additional Federal, [State](/usc/42/619.md?p=5), and local investments made, as well as any private investments made in coordination with the [State](/usc/42/619.md?p=5), during the 2 [fiscal years](/usc/42/619.md?p=3) preceding the application to provide the services described in [paragraph (1)](#e-1), and an assurance that the [State](/usc/42/619.md?p=5) will provide an accounting of that same spending for each year of an approved demonstration [project](/usc/42/13641.md?p=2); and
  - (8) such additional information as the [Secretary](/usc/42/1301.md?p=a-6) may require.
- (f) **Evaluations—** Each [State](/usc/42/619.md?p=5) authorized to conduct a demonstration [project](/usc/42/13641.md?p=2) under this section shall obtain an evaluation by an independent contractor of the effectiveness of the [project](/usc/42/13641.md?p=2), using an evaluation design approved by the [Secretary](/usc/42/1301.md?p=a-6) which provides for—
  - (1) comparison of methods of service delivery under the [project](/usc/42/13641.md?p=2), and such methods under a [State](/usc/42/619.md?p=5) plan or plans, with respect to efficiency, economy, and any other appropriate measures of program management;
  - (2) comparison of outcomes for children and families (and groups of children and families) under the [project](/usc/42/13641.md?p=2), and such outcomes under a [State](/usc/42/619.md?p=5) plan or plans, for purposes of assessing the effectiveness of the [project](/usc/42/13641.md?p=2) in achieving program goals; and
  - (3) any other information that the [Secretary](/usc/42/1301.md?p=a-6) may require.
- (g) **Reports—**
  - (1) **State reports; public availability—** Each [State](/usc/42/619.md?p=5) authorized to conduct a demonstration [project](/usc/42/13641.md?p=2) under this section shall—
    - (A) submit periodic reports to the [Secretary](/usc/42/1301.md?p=a-6) on the specific programs, activities, and strategies used to improve outcomes for infants, children, [youth](/usc/42/629a.md?p=a-11), and families and the results achieved for infants, children, and [youth](/usc/42/629a.md?p=a-11) during the conduct of the demonstration [project](/usc/42/13641.md?p=2), [including](/usc/42/1301.md?p=b) with respect to those infants, children, and [youth](/usc/42/629a.md?p=a-11) who are prevented from entering foster care, infants, children, and [youth](/usc/42/629a.md?p=a-11) in foster care, and infants, children, and [youth](/usc/42/629a.md?p=a-11) who move from foster care to permanent families; and
    - (B) post a copy of each such report on the website for the [State](/usc/42/619.md?p=5) [child](/usc/42/1382c.md?p=c) welfare program concurrent with the submission of the report to the [Secretary](/usc/42/1301.md?p=a-6).
  - (2) **Reports to Congress—** The [Secretary](/usc/42/1301.md?p=a-6) shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate—
    - (A) periodic reports based on the [State](/usc/42/619.md?p=5) reports submitted under [paragraph (1)](#g-1); and
    - (B) a report based on the results of the [State](/usc/42/619.md?p=5) evaluations required under [subsection (f)](#f) that [includes](/usc/42/1301.md?p=b) an analysis of the results of such evaluations and such recommendations for administrative or legislative changes as the [Secretary](/usc/42/1301.md?p=a-6) determines appropriate.
- (h) **Cost neutrality—** The [Secretary](/usc/42/1301.md?p=a-6) may not authorize a [State](/usc/42/619.md?p=5) to conduct a demonstration [project](/usc/42/13641.md?p=2) under this section unless the [Secretary](/usc/42/1301.md?p=a-6) determines that the total amount of Federal funds that will be expended under (or by reason of) the [project](/usc/42/13641.md?p=2) over its approved term (or such portion thereof or other period as the [Secretary](/usc/42/1301.md?p=a-6) may find appropriate) will not exceed the amount of such funds that would be expended by the [State](/usc/42/619.md?p=5) under the [State](/usc/42/619.md?p=5) plans approved under parts B and E of subchapter IV if the [project](/usc/42/13641.md?p=2) were not conducted.
- (i) **Indian tribes operating IV–E programs considered States—** An [Indian tribe](/usc/42/619.md?p=4-A), [tribal organization](/usc/42/619.md?p=4-A), or tribal [consortium](/usc/42/17061.md?p=4) that has elected to operate a program under part E of subchapter IV in accordance with [section 679c of this title](/usc/42/679c.md) shall be considered a [State](/usc/42/619.md?p=5) for purposes of this section.

## Footnotes

[^1]: So in original. Probably should be “who”.

## Source credit

(Aug. 14, 1935, ch. 531, title XI, § 1130, as added Pub. L. 103–432, title II, § 208, Oct. 31, 1994, 108 Stat. 4457; amended Pub. L. 105–89, title III, § 301(a), (c), Nov. 19, 1997, 111 Stat. 2127, 2128; Pub. L. 108–40, § 5, June 30, 2003, 117 Stat. 837; Pub. L. 109–288, § 6(f)(8), Sept. 28, 2006, 120 Stat. 1248; Pub. L. 112–34, title II, § 201, Sept. 30, 2011, 125 Stat. 378.)

## Notes

### Editorial Notes

### Prior Provisions

A prior section 1130 of act Aug. 14, 1935, was classified to section 1320b of this title prior to repeal by Pub. L. 93–647, § 3(e)(1), Jan. 4, 1975, 88 Stat. 2349.

### Amendments

2011—Subsec. (a)(2). Pub. L. 112–34, § 201(1)(A), amended par. (2) generally. Prior to amendment, text read as follows: “The Secretary may authorize not more than 10 demonstration projects under paragraph (1) in each of fiscal years 1998 through 2003.”

Subsec. (a)(3). Pub. L. 112–34, § 201(1)(B), added par. (3) and struck out former par. (3) which related to certain types of proposals required to be considered.

Subsec. (a)(5). Pub. L. 112–34, § 201(1)(C), inserted “and the ability of the State to implement a corrective action plan approved under section 1320a–2a of this title” before the period.

Subsec. (a)(6) to (8). Pub. L. 112–34, § 201(1)(D), added pars. (6) to (8).

Subsec. (d). Pub. L. 112–34, § 201(2), added subsec. (d) and struck out former subsec. (d). Prior to amendment, text read as follows: “A demonstration project under this section may be conducted for not more than 5 years, unless in the judgment of the Secretary, the demonstration project should be allowed to continue.”

Subsec. (e)(1). Pub. L. 112–34, § 201(3)(A), struck out “(which shall provide, where appropriate, for random assignment of children and families to groups served under the project and to control groups)” before the semicolon.

Subsec. (e)(7), (8). Pub. L. 112–34, § 201(3)(B)–(D), added par. (7) and redesignated former par. (7) as (8).

Subsecs. (f) to (h). Pub. L. 112–34, § 201(4), (5), added subsecs. (f) and (g), redesignated former subsec. (g) as (h), and struck out former subsec. (f) which related to evaluation of, and report on, demonstration projects.

Subsec. (i). Pub. L. 112–34, § 201(6), added subsec. (i).

2006—Subsec. (b)(1). Pub. L. 109–288 amended par. (1) generally. Prior to amendment, par. (1) read as follows: “any provision of section 627 of this title (as in effect before April 1, 1996), section 622(b)(9) of this title (as in effect after such date), or section 679 of this title; or”.

2003—Subsec. (a)(2). Pub. L. 108–40 substituted “2003” for “2002”.

1997—Subsec. (a). Pub. L. 105–89, § 301(a), amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: “The Secretary may authorize not more than 10 States to conduct demonstration projects pursuant to this section which the Secretary finds are likely to promote the objectives of part B or E of subchapter IV of this chapter.”

Subsec. (d). Pub. L. 105–89, § 301(c), inserted before period at end “, unless in the judgment of the Secretary, the demonstration project should be allowed to continue”.

### Statutory Notes and Related Subsidiaries

### Effective Date of 2006 Amendment

Amendment by Pub. L. 109–288 effective Oct. 1, 2006, and applicable to payments under parts B and E of subchapter IV of this chapter for calendar quarters beginning on or after such date, without regard to whether implementing regulations have been promulgated, and with delay permitted if State legislation is required to meet additional requirements, see section 12(a), (b) of Pub. L. 109–288, set out as a note under section 621 of this title.

### Effective Date of 2003 Amendment

Amendment by Pub. L. 108–40 effective July 1, 2003, see section 8 of Pub. L. 108–40, set out as a note under section 603 of this title.

### Effective Date of 1997 Amendment

Amendment by Pub. L. 105–89 effective Nov. 19, 1997, except as otherwise provided, with delay permitted if State legislation is required, see section 501 of Pub. L. 105–89, set out as a note under section 622 of this title.

### Construction of 1997 Amendment

Pub. L. 105–89, title III, § 301(b), Nov. 19, 1997, 111 Stat. 2128, provided that: “Nothing in the amendment made by subsection (a) [amending this section] shall be construed as affecting the terms and conditions of any demonstration project approved under section 1130 of the Social Security Act (42 U.S.C. 1320a–9) before the date of the enactment of this Act [Nov. 19, 1997].”