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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1974 Introduced in House (IH)]

  1st Session
                                H. R. 1974

   To amend title XVI of the Social Security Act to require periodic 
 reapplications with respect to the continued receipt of supplemental 
 security income benefits, to require that the administrative criteria 
   regarding mental impairments be modified, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 30, 1995

 Mr. Bass (for himself, Mr. Bartlett of Maryland, Mr. Barton of Texas, 
Ms. Danner, Mr. Davis, Mr. Klug, Mr. Smith of Michigan, Mr. Souder, Mr. 
 Stockman, Mr. Kasich, Mr. Solomon, and Mr. Hostettler) introduced the 
 following bill; which was referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
   To amend title XVI of the Social Security Act to require periodic 
 reapplications with respect to the continued receipt of supplemental 
 security income benefits, to require that the administrative criteria 
   regarding mental impairments be modified, 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. SHORT TITLE.

    This Act may be cited as the ``SSI Disability Benefits Reform Act 
of 1995''.

SEC. 2. REAPPLICATION REQUIREMENTS FOR ADULTS RECEIVING SSI BENEFITS BY 
              REASON OF DISABILITY.

    (a) In General.--Section 1614(a)(3)(G) of the Social Security Act 
(42 U.S.C. 1382c(a)(3)(G)) is amended--
            (1) by inserting ``(i)'' after ``(G)''; and
            (2) by adding at the end the following clause:
    ``(ii) In the case of an individual who has attained 18 years of 
age and for whom a determination has been made of eligibility for a 
benefit under this title by reason of disability, the following 
applies:
            ``(I) Subject to the provisions of this clause, the 
        determination of eligibility is effective for the 3-year period 
        beginning on the date of the determination, and the eligibility 
        of the individual lapses unless a determination of continuing 
        eligibility is made before the end of such period, and before 
        the end of each subsequent 3-year period. This subclause ceases 
        to apply to the individual upon the individual attaining 65 
        years of age. This subclause does not apply to the individual 
        if the individual has an impairment that is not expected to 
        improve (or a combination of impairments that are not expected 
        to improve).
            ``(II) With respect to a determination under subclause (I) 
        of whether the individual continues to be eligible for the 
        benefit (in this clause referred to as a `redetermination'), 
        the Commissioner may not make the redetermination unless the 
        individual submits to the Commissioner an application 
        requesting the redetermination. If such an application is 
        submitted, the Commissioner shall make the redetermination. 
        This subclause is subject to subclause (V).
            ``(III) If as of the date on which this clause takes effect 
        the individual has been receiving the benefit for three years 
        or less, the first period under subclause (I) for the 
        individual is deemed to end on the expiration of the period 
        beginning on the date on which this clause takes effect and 
        continuing through a number of months equal to 12 plus a number 
        equal to 36 minus the number of months the individual has been 
        receiving the benefit.
            ``(IV) If as of the date on which this clause takes effect 
        the individual has been receiving the benefit for five years or 
        less, but for more than three years, the first period under 
        subclause (I) for the individual is deemed to end on the 
        expiration of the
         1-year period beginning on the date on which this clause takes 
effect.
            ``(V) If as of the date on which this clause takes effect 
        the individual has been receiving the benefit for more than 
        five years, the Commissioner shall make redeterminations under 
        subclause (I) and may not require the individual to submit 
        applications for the redeterminations. The first 3-year period 
        under subclause (I) for the individual is deemed to begin upon 
        the expiration of the period beginning on the date on which 
        this clause takes effect and ending upon the termination of a 
        number of years equal to the lowest number (greater than zero) 
        that can be obtained by subtracting the number of years that 
        the individual has been receiving the benefit from a number 
        that is a multiple of three.
            ``(VI) If the individual first attains 18 years of age on 
        or after the date on which this clause takes effect, the first 
        3-year period under subclause (I) for the individual is deemed 
        to end on the date on which the individual attains such age.
            ``(VII) Not later than one year prior to the date on which 
        a determination under subclause (I) expires, the Commissioner 
        shall (except in the case of an individual to whom subclause 
        (V) applies) provide to the individual a written notice 
        explaining the applicability of this clause to the individual, 
        including an explanation of the effect of failing to submit the 
        application. If the individual submits the application not 
        later than 180 days prior to such date and the Commissioner 
        does not make the redetermination before such date, the 
        Commissioner shall continue to provide the benefit pending the 
        redetermination and shall publish in the Federal Register a 
        notice that the Commissioner was unable to make the 
        redetermination by such date.
            ``(VIII) If the individual fails to submit the application 
        under subclause (II) by the end of the applicable period under 
        subclause (I), the individual may apply for a redetermination. 
        The Commissioner shall make the redetermination for the 
        individual only after making redeterminations for individuals 
        for whom eligibility has not lapsed pursuant to subclause 
        (I).''.
    (b) Effective Date.--The amendment made by subsection (a) takes 
effect upon the expiration of the 9-month period beginning on the date 
of the enactment of this Act.
    (c) Conforming Repeal.--Section 207 of the Social Security 
Independence and Program Improvements Act of 1994 (42 U.S.C. 1382 note; 
108 Stat. 1516) is hereby repealed.

SEC. 3. STRIKING OF RESTRICTIONS REGARDING DETERMINATION OF 
              INELIGIBILITY.

    Section 1614(a) of the Social Security Act (42 U.S.C. 1382c(a)) is 
amended by striking paragraph (4).

SEC. 4. NARROWING OF SSI ELIGIBILITY ON BASIS OF MENTAL IMPAIRMENTS.

    (a) In General.--Section 1614(a)(3)(A) of the Social Security Act 
(42 U.S.C. 1382c(a)(3)(A)) is amended--
            (1) by inserting ``(i)'' after ``(3)(A)''; and
            (2) by adding at the end the following clause:
    ``(ii) In making determinations under clause (i) regarding the 
severity of mental impairments, the Secretary shall revise the 
regulations under subpart P of part 404 of title 20, Code of Federal 
Regulations in order to accomplish the result that (relative to such 
regulations as in effect prior to the date on which this clause takes 
effect) the growth in the enrollment of the program under this title on 
the basis of mental impairments is slowed. The final rule issued 
pursuant to the preceding sentence applies to individuals without 
regard to whether the individuals were receiving benefits under this 
title prior to the effective date of such rule.''.
    (b) Final Regulations.--The final rule for the regulations required 
in subsection (a) shall be issued before the expiration of the 9-month 
period beginning on the date of the enactment of this Act, and shall 
take effect upon the expiration of such period.
                                 <all>
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