Page:United States Statutes at Large Volume 108 Part 5.djvu/970

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108 STAT. 4460 PUBLIC LAW 103-432—OCT. 31, 1994 42 USC 674 note. 42 USC 1320a-10. 42 USC 1320a-10 note. SEC. 210. PAYMENTS OF STATE CIJUMS FOR FOSTER CARE AND ADOP- TION ASSISTANCE. (a) IN GENERAL. — Section 474(b) (42 U.S.C. 674(b)), as redesignated by section 207(b)(2), is amended by adding at the end the following: "(4)0^.) Within 60 days after receipt of a State claim for expenditures pursuant to subsection (a), the Secretary shall allow, disallow, or defer such claim.

    • (B) Within 15 days after a decision to defer such a State

claim, the Secretary shall notify the State of the reasons for the deferral and of the additional information necessary to determine the allowabihty of the claim. "(C) Within 90 days after receiving such necessary information (in readily reviewable form), the Secretary shall— (i) disallow the claim, if able to complete the review and determine that the claim is not allowable, or "(ii) in any other case, allow the claim, subject to dissdlow- £Uice (as necessary)—

    • (I) upon completion of the review, if it is determined

that the claim is not allowable; or "(II) on the basis of findings of an audit or financial mansigement review.". (b) EFFECTIVE DATE. — The amendment made by subsection (a) shall be effective with respect to claims made on or sifter the date of the enactment of this Act. SEC. 211. EFFECT OF FAILURE TO CARRY OUT STATE PLAN. (a) IN GENERAL.—Part A of title XI (42 U.S.C. 1301-1320b- 13), as amended by section 208, is amended by inserting after section 1130 the following: " EF FECT OF FAILURE TO CARRY OUT STATE PLAN "SEC. 1130A. In an action brought to enforce a provision of the Social Security Act, such provision is not to be deemed unenforceable because of its inclusion in a section of the Act requiring a State plan or specifying the required contents of a State plan. This section is not intended to Hmit or expand the grounds for determining the availabihty of private actions to enforce State plan requirements other than by overturning any such grounds applied in Suter v. Artist M., 112 S. Ct. 1360 (1992), but not appHed in prior Supreme Court decisions respecting such enforceabihty: Provided, however, That this section is not intended to alter the holding in Suter v. Artist M. that section 471(a)(15) of the Act is not enforceable in a private right of action.". (b) APPLICABILITY. —The amendment made by subsection (a) shall apply to actions pending on the date of the enactment of this Act and to actions brought on or after such date of enactment Subtitle B—Child Support Enforcement SEC. 212. REPORTS TO CREDIT BUREAUS ON PERSONS DELINQUENT IN CHILD SUPPORT PAYMENTS. (a) IN GENERAL. —Section 466(a)(7) (42 U.S.C. 666(a)(7)) is amended— (1) by striking "Procedures" and all that follows through "request of such agency^ and inserting "Procedures which