For the purposes of subsection (a), any amendment of a State plan approved under subchapter I, X, XIV, XVI, or XIX, may, at the option of the State, be treated as the submission of a new State plan.
Action pursuant to an initial determination of the Secretary described in subsection (a) shall not be stayed pending reconsideration, but in the event that the Secretary subsequently determines that his initial determination was incorrect he shall certify restitution forthwith in a lump sum of any funds incorrectly withheld or otherwise denied.
Whenever the Secretary determines that any item or class of items on account of which Federal financial participation is claimed under subchapter I, X, XIV,1 XVI, shall be disallowed for such participation, the State shall be entitled to and upon request shall receive a reconsideration of the disallowance.
1 So in original. Probably should be followed by "or".
2 So in original. Probably should be capitalized.
42 U.S.C. § 1316
EDITORIAL NOTES
REFERENCES IN TEXTSection 1384 of this title, referred to in subsec. (a)(3), is a reference to section 1384 of this title as it existed prior to the general revision of this subchapter by Pub. L. 92-603, title III, §301, Oct. 30, 1972, 86 Stat. 1465, eff. Jan. 1, 1974. The prior section (which is set out as a note under section 1384 of this title) continues in effect for Puerto Rico, Guam, and the Virgin Islands.
AMENDMENTS2008-Subsec. (d). Pub. L. 110-275, §204(b), struck out "or XIX," after "XVI,".Subsec. (e). Pub. L. 110-275, §204(a), added subsec. (e).1996-Subsec. (a)(1). Pub. L. 104-193, §108(g)(3)(A), struck out "or part A of subchapter IV," after "XIX,".Subsec. (a)(3). Pub. L. 104-193, §108(g)(3)(B), struck out "604," before "1204,". Subsecs. (b), (d). Pub. L. 104-193, §108(g)(3)(A), struck out "or part A of subchapter IV," after "XIX,". 1984-Subsec. (a)(1). Pub. L. 98-369, §2663(e)(6)(A), struck out "VI," after "I,". Pub. L. 98-369, §2354(c)(2), corrected typographical error in directory language of Pub. L. 97-35, §2353(h)(1). See 1981 Amendment note below. Subsec. (a)(3). Pub. L. 98-369, §2663(e)(6)(B), struck out "804," after "604,".Subsec. (b). Pub. L. 98-369, §2663(e)(6)(A), struck out "VI," after "I,". Pub. L. 98-369, §2354(c)(2), corrected typographical error in directory language of Pub. L. 97-35, §2353(h)(1). See 1981 Amendment note below. Subsec. (d). Pub. L. 98-369, §2663(e)(6)(C), substituted "XVI, or XIX, or part A" for "XVI, or or XIX, or part A". Pub. L. 98-369, §2663(e)(6)(A), struck out "VI," after "I,". 1981-Subsec. (a)(1). Pub. L. 97-35, §2353(h)(1), as amended by Pub. L. 98-369, §2354(c)(2), substituted "or XIX" for "XIX or XX".Subsec. (a)(3). Pub. L. 97-35, §2353(h)(2), substituted "or 1396c of this title" for "1396c, or 1397b of this title".Subsec. (b). Pub. L. 97-35, §2353(h)(1), as amended by Pub. L. 98-369, §2354(c)(2), substituted "or XIX" for "XIX or XX". Subsec. (d). Pub. L. 97-35, §2353(h)(3), substituted "or XIX" for "XIX, or XX". 1975-Subsec. (a)(1). Pub. L. 93-647, §3(d)(1), substituted "XIX or XX" for "or XIX". Subsec. (a)(3). Pub. L. 93-647, §3(d)(2), substituted "1396c, or 1397b" for "or 1396c".Subsec. (b). Pub. L. 93-647, §3(d)(1), substituted "XIX or XX" for "or XIX".Subsec. (d). Pub. L. 93-647, §3(d)(3), inserted "XX," after "XIX,". 1973-Subsec. (a). Pub. L. 93-233, §18 (z-2)(1)(C)(i), (ii), inserted references in par. (1) to subchapter VI of this chapter and in par. (3) to section 804 of this title.Subsecs. (b), (d). Pub. L. 93-233, §18 (z-2)(1)(C)(iii), (iv), inserted reference to subchapter VI of this chapter.1968-Subsec. (a)(1). Pub. L. 90-248, §241(c)(5)(A), struck out "IV," after "I," and inserted "or part A of subchapter IV," after "XIX,".Subsecs. (b), (d). Pub. L. 90-248, §241(c)(5)(B), struck out "IV," after "I," and inserted ", or part A of subchapter IV," after "XIX".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2008 AMENDMENT Pub. L. 110-275, title II, §204(c), July 15, 2008, 122 Stat. 2593, provided that: "The amendments made by this section [amending this section] take effect on the date of the enactment of this Act [July 15, 2008] and apply to any disallowance of a claim for Federal financial participation under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) made on or after such date or during the 60-day period prior to such date."
EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104-193 effective July 1, 1997, with transition rules relating to State options to accelerate such date, rules relating to claims, actions, and proceedings commenced before such date, rules relating to closing out of accounts for terminated or substantially modified programs and continuance in office of Assistant Secretary 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.
EFFECTIVE DATE OF 1984 AMENDMENT Amendment by section 2354(c)(2) of Pub. L. 98-369 effective as if originally included in Pub. L. 97-35 see section 2354(e)(2) of Pub. L. 98-369 set out as a note under section 1320a-1 of this title. Amendment by section 2663(e)(6) of Pub. L. 98-369 effective July 18, 1984, but not to be construed as changing or affecting any right, liability, status, or interpretation which existed (under the provisions of law involved) before that date, see section 2664(b) of Pub. L. 98-369 set out as a note under section 401 of this title.
EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97-35 effective Oct. 1, 1981, except as otherwise explicitly provided, see section 2354 of Pub. L. 97-35 set out as an Effective Date note under section 1397 of this title.
EFFECTIVE DATE OF 1975 AMENDMENT Amendment by Pub. L. 93-647 effective with respect to payments under sections 603 and 803 of this title for quarters commencing after Sept. 30, 1975, see section 7(b) of Pub. L. 93-647 set out as a note under section 303 of this title.
EFFECTIVE DATE OF 1973 AMENDMENT Amendment by Pub. L. 93-233 effective on and after Jan. 1, 1974, see section 18(z-2)(2) of Pub. L. 93-233 set out as a note under section 1301 of this title.
EFFECTIVE DATE Pub. L. 89-97, title IV, §404(b), July 30, 1965, 79 Stat. 420, provided that: "The amendment made by subsection (a) [enacting this section] shall apply only with respect to determinations made after December 31, 1965."
- United States
- The term "United States" means (but only for purposes of subparagraphs (A) and (B) of this paragraph) the fifty States and the District of Columbia.
- Secretary
- the term "Secretary" means- (A) the Secretary of Education for purposes of subtitle A (other than section 3201),(B) the Secretary of Agriculture for purposes of the amendments made by section 3201, and(C) the Secretary of Health and Human Services for purposes of subtitle B,