Page:United States Statutes at Large Volume 92 Part 1.djvu/360

 92 STAT. 306 Jurisdiction.

42 USC 1397a note.

42 USC 1397a note.

PUBLIC LAW 95-291—JUNE 12, 1978 (c) No court of the United States has jurisdiction to entertain any action seeking the review of any determination or finding of the Secretary under this Act, or otherwise seeking to compel a determination by the Secretary to certify for payment any claim described by the first section of this Act; except that the appropriate district court shall have jurisdiction over any action seeking enforcement of an agreement of the kind referred to in subsection (a). SEC. 5. (a) Amounts appropriated under the first section of this Act shall be first applied in settlement of the portions of unpaid claims described in section 2(a). If, after that payment, the amounts remaining are insufficient to pay the amounts established by section 2(b) with respect to the portions of unpaid claims asserted under section 2(b), the Secretary shall certify for payment with respect to each such portion an amount that bears the same relationship to that portion as the total of such remaining available amounts bears to the total of all portions of unpaid claims asserted under section 2(b). (b) A reduction effected by subsection (a) of this section in the amount payable to a State under section 2(b) does not give rise to an entitlement of the State to the difference between the amount payable under section 2(b) (without regard to subsection (a) of this section) and the amount payable under section 2(b) after application of subsection (a) of this section. (c) In the event that the amount appropriated pursuant to the first section of this Act exceeds the payable portions of unpaid claims under subsections (a) and (b) of section 2, the amount paid to any State receiving a payment computed with respect to paragraph (3) of section 2(a) shall be increased (to the extent of such excess) by an amount equal to the difference between the amount it received under section 2(a) and the amount it would have so received if the percentage in such paragraph had been 25 percent. SEC. 6. The Secretary of the Treasury shall pay to each State, out of amounts appropriated pursuant to the first section of this Act, all amounts certified by the Secretary as payable to that State under the tenns of this Act. Approved June 12, 1978.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 95-1114, Pt. I (Comm. on the Judiciary) and 95-1114, Pt. II (Comm. on Ways and Means). SENATE REPORT No. 95-632 accompanying S. 2360 (Comm. on Finance). CONGRESSIONAL RECORD, VoL 124 (1978): May 23, considered and passed House. May 25, considered and passed Senate. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, VoL 14, No. 24: June 12, Presidential statement.

�