Page:United States Statutes at Large Volume 79.djvu/460

 420

72 Stat. 941.

62 Stat. 9 28. 601 S ^?35i 1381. ' ' Ante, p. 343.

PUBLIC LAW 89-97-JULY 30, 1965

[79 STAT.

State agree in writing to holding the hearing at another time. The^ Secretary shall affirm, modify, or reverse his original determination within 60 days of the conclusion of the hearing. " (3) Any State which is dissatisfied with a final determination made by the Secretary on such a reconsideration or a final determination of the Secretary under section 4,404, 1004, 1404, 1604^ or 1904 may, within 60 days after it has been notified of such determmation, file with the United States court of appeals for the circuit in which such State is located a petition for review of sudh determination. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary. The Secretary thereupon shall file in the court the record of the proceedings on which he based his determination as provided in section 2112 of title 28, United States Code. "(4) The findings of fact by the Secretary, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Secretary to take further evidence, and the Secretary may thereupon make new or modified findings of fact and may modify his previous action, and shall certify to the court the transcript and record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence. "(5) The court shall have jurisdiction to affirm the action of the Secretary or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28, United States Code. " (b) For the purposes of subsection (a), any amendment of a State P^^? approved under title I, IV, X, X IV, X VI, or X IX may, at the option of the State, be treated as the submission of a new State plan. "(c) 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. " (d) Whenever the Secretary determines that any item or class of items on account of which Federal financial participation is claimed under title I, IV, X, X IV, X VI, or X IX shall be disallowed for such participation, the State shall be entitled to and upon request shall receive a reconsideration of the disallowance." (b) The amendment made by subsection (a) shall apply only with respect to determinations made after December 31, 1965. M A I N T E N A N C E OF STATE P U B L I C ASSISTANCE EXPENDITURES

42 USC 1301. Ante, p. 419.

gj,(3 405. Title X I of the Social Security Act is amended by adding at the end thereof (after the new section 1116 added by section 404 of ^hls Act) the followlug new section: u M A I N T E N A N C E OF STATE EFFORT

"SEC. 1117. (a) The total of the amounts determined under sections 3, 403, 1003, 1403, 1603, and 1903 for any State for any quarter beginning after December 31, 1965, and ending before July 1, 1969, shall be reduced to the extent that— "(1) the excess of (A) the total of the amounts determined for the State under sections 3, 403, 1003, 1403, 1603, and 1903 for such quarter over (B) the total of the amounts determined for

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