Page:United States Statutes at Large Volume 94 Part 1.djvu/580

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PUBLIC LAW 96-000—MMMM. DD, 1980

94 STAT. 530

Ante, pp. 526, 529. 42 USC 601, ante, p. 501. 42 USC 1318.

PUBLIC LAW 96-272—JUNE 17, 1980 (2) by striking out "with respect to the fiscal year 1979" in paragraphs (IXF), (2)(F), and (3)(F) and inserting in lieu thereof in each instance "with respect to thefiscalyear 1979 and each fiscal year thereafter". (b) Section 1108(a) of such Act is further amended by striking out "under part A" in the matter preceding paragraph (1) and inserting in lieu thereof "under parts A and E". (c) The last sentence of section 1118 of such Act is amended by striking out "when applied to quarters in the fiscal year ending September 30, 1979". PERIOD WITHIN WHICH CERTAIN CLAIMS MUST BE FILED

SEC. 306. (a) Part A of title XI of the Social Security Act is amended by adding after section 1131 the following new section: PERIOD WITHIN WHICH CERTAIN CLAIMS MUST BE FILED 42 USC 1320b-2.

42 USC 301, 601, 701, 1201, 1351, 1381, 1396, 1397.

Effective date. 42 USC 1320b-2 note.

"SEC. 1132. (a) Notwithstanding any other provision of this Act (but subject to subsection (b)), any claim by a State for payment with respect to an expenditure made during any calendar quarter by the State— "(1) in carrying out a State plan approved under title I, IV, V, X, XIV, XVI, XIX, or XX of this Act, or "(2) under any other provision of this Act which provides (on an entitlement basis) for Federal financial participation in expenditures made under State plans or programs, shall be filed (in such form and manner as the Secretary shall by regulations prescribe) within the two-year period which begins on the first day of the calendar quarter immediately following such calendar quarter; and payment shall not be made under this Act on account of any such expenditure if claim therefor is not made within such twoyear period; except that this subsection shall not be applied so as to deny payment with respect to any expenditure involving courtordered retroactive payments or audit exceptions, or adjustments to prior year costs. "(b) The Secretary shall waive the requirement imposed under subsection (a) with respect to the filing of any claim if he determines (in accordance with regulations) that there was good cause for the failure by the State to file such claim within the period prescribed under subsection (a). Any such waiver shall be only for such additional period of time as may be necessary to provide the State with a reasonable opportunity to file such claim. A failure to file a claim within such time period which is attributable to neglect or administrative inadequacies shall be deemed not to be for good cause.". (b)(1) The amendment made by subsection (a) shall be effective only in the case of claims filed on account of expenditures made in calendar quarters commencing on or after October 1, 1979. (2) In the case of claims filed prior to the date of enactment of this Act on account of expenditures described in section 1132 of the Social Security Act made in calendar quarters commencing prior to October 1, 1979, there shall be no time limit for the payment of such claims. (3) In the case of such expenditures made in calendar quarters commencing prior to October 1, 1979, for which no claim has been filed on or bemre the date of enactment of this Act, payment shall not be made under this Act on account of any such expenditure unless