[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 620 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 620

To amend the Social Security Act to overturn the new limitations placed 
on private enforceability of State plan requirements by Suter v. Artist 
                      M., and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               March 18 (legislative day, March 3), 1993

  Mr. Riegle introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
To amend the Social Security Act to overturn the new limitations placed 
on private enforceability of State plan requirements by Suter v. Artist 
                      M., and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. EFFECT OF FAILURE TO CARRY OUT STATE PLAN.

    (a) In General.--Part A of title XI of the Social Security Act (42 
U.S.C. 1301 et seq.) is amended by inserting after section 1122 the 
following new section:

``SEC. 1123. EFFECT OF FAILURE TO CARRY OUT STATE PLAN.

    ``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 of 
specifying the required contents of a State plan. This section is not 
intended to limit or expand the grounds for determining the 
availability 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 applied in prior Supreme Court 
decisions respecting such enforceability: 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.

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