42 U.S.C. § 1320b — Repealed. Pub. L. 93–647, § 3(e)(1), Jan. 4,

Page 2672 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1320b tended to alter the holding in Suter v. Artist M. that section 671(a)(15) of this title is not enforce- able in a private right of action. (Aug. 14, 1935, ch. 531, title XI, § 1130A, as added Pub. L. 103–432, title II, § 211(a), Oct. 31, 1994, 108 Stat. 4460.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 103–432, title II, § 211(b), Oct. 31, 1994, 108 Stat. 4460, provided that: ‘‘The amendment made by sub- section (a) [enacting this section] shall apply to actions pending on the date of the enactment of this Act [Oct. 31, 1994] and to actions brought on or after such date of enactment.’’ § 1320b. Repealed. Pub. L. 93–647, § 3(e)(1), Jan. 4, 1975, 88 Stat. 2349 Section, act Aug. 14, 1935, ch. 531, title XI, § 1130, as added Oct. 20, 1972, Pub. L. 92–512, title III, § 301(a), 86 Stat. 945; amended July 9, 1973, Pub. L. 93–66, title II, § 221, 87 Stat. 159; Dec. 31, 1973, Pub. L. 93–233, § 18(j), 87 Stat. 970, set out limitations on funds for certain social services. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective with respect to payments under sec- tions 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 an Effective Date of 1975 Amendment note under section 303 of this title. SOCIAL SERVICES REGULATIONS POSTPONED Pub. L. 93–233, § 12, Dec. 31, 1973, 87 Stat. 959, as amended by Pub. L. 93–647, § 3(g), Jan. 4, 1975, 88 Stat. 2349, provided that: ‘‘(a) Subject to subsection (b), no regulation and no modification of any regulation, promulgated by the Secretary of Health, Education, and Welfare [now Health and Human Services] (hereinafter referred to as the ‘Secretary’) after January 1, 1973, shall be effective for any period which begins prior to October 1, 1975, if (and insofar as) such regulation or modification of a regulation pertains (directly or indirectly) to the provi- sions of law contained in section 3(a)(4)(A), 402(a)(19)(G), 403(a)(3)(A), 603(a)(1)(A), 1003(a)(3)(A), 1403(a)(3)(A), or 1603(a)(4)(A) of the Social Security Act [section 303(a)(4)(A), 602(a)(19)(G), 603(a)(3)(A), 803(a)(1)(A), 1203(a)(3)(A), 1353(a)(3)(A), or 1383(a)(4)(A) of this title]. ‘‘(b)(1) The provisions of subsection (a) shall not be applicable to any regulation relating to ‘scope of pro- grams’, if such regulation is identical (except as pro- vided in the succeeding sentence) to the provisions of section 221.0 of the regulations (relating to social serv- ices) proposed by the Secretary and published in the Federal Register on May 1, 1973. There shall be deleted from the first sentence of subsection (b) of such section 221.0 the phrase ‘meets all the applicable requirements of this part and’. ‘‘(2) The provisions of subsection (a) shall not be ap- plicable to any regulation relating to ‘limitations on total amount of Federal funds payable to States for services’, if such regulation is identical (except as pro- vided in the succeeding sentence) to the provisions of section 221.55 of the regulations so proposed and pub- lished on May 1, 1973. There shall be deleted from sub- section (d)(1) of such section 221.55 the phrase ‘(as de- fined under day care services for children)’; and, in lieu of the sentence contained in subsection (d)(5) of such section 221.55, there shall be inserted the following: ‘Services provided to a child who is under foster care in a foster family home (as defined in section 408 of the Social Security Act [42 U.S.C. 608]) or in a childcare in- stitution (as defined in such section), or while awaiting placement in such a home or institution, but only if such services are needed by such child because he is under foster care.’. ‘‘(3) The provisions of subsection (a) shall not be ap- plicable to any regulation relating to ‘rates and amounts of Federal financial participation for Puerto Rico, the Virgin Islands, and Guam’, if such regulation is identical to the provisions of section 221.56 of the regulations so proposed and published on May 1, 1973. ‘‘(4) The provisions of subsection (a) shall not be con- strued to preclude the Secretary from making any modification in any regulation (described in subsection (a)) if such modification is technically necessary to take account of the enactment of section 301 or 302 of the Social Security Amendments of 1972 [enacting sub- chapters XVI and VI of this chapter]. ‘‘(c) Notwithstanding the provisions of section 553(d) of title 5, United States Code, any regulation described in subsection (b) may become effective upon the date of its publication in the Federal Register.’’ Similar provisions were contained in the following prior act: Pub. L. 93–66, title II, § 220, July 9, 1973, 87 Stat. 158. MODIFICATION OF SOCIAL SERVICES REGULATIONS Pub. L. 93–647, § 3(g), Jan. 4, 1975, 88 Stat. 2349, pro- vided in part that: ‘‘Notwithstanding the provisions of section 12(a) of Public Law 93–233 [set out as a note above], the Secretary may make any modification in any regulation described in that section if the modi- fication is necessary to implement the provisions of this part.’’ ADJUSTMENT OF ALLOTMENT TO STATE FOR FISCAL YEAR ENDING JUNE 30, 1973 Pub. L. 92–603, title IV, § 403, Oct. 30, 1972, 86 Stat. 1487, provided for the computation of the allotment of each state for the fiscal year ending June 30, 1973. § 1320b–1. Notification of Social Security claim- ant with respect to deferred vested benefits (a) Whenever— (1) the Commissioner of Social Security makes a finding of fact and a decision as to— (A) the entitlement of any individual to monthly benefits under section 402, 423, or 428 of this title, or (B) the entitlement of any individual to a lump-sum death payment payable under sec- tion 402(i) of this title on account of the death of any person to whom such individual is related by blood, marriage, or adoption, (2) the Secretary makes a finding of fact and a decision as to the entitlement under section 426 of this title of any individual to hospital insurance benefits under part A of subchapter XVIII, or (3) the Commissioner of Social Security is requested to do so— (A) by any individual with respect to whom the Commissioner of Social Security holds information obtained under section 6057 of the Internal Revenue Code of 1986, or (B) in the case of the death of the indi- vidual referred to in subparagraph (A), by the individual who would be entitled to pay- ment under section 404(d) of this title, the Commissioner of Social Security shall trans- mit to the individual referred to in paragraph (1) or (2) or the individual making the request under paragraph (3) any information, as re- ported by the employer, regarding any deferred