I

104TH CONGRESS

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘SSI Disability Benefits

5 Reform Act of 1995’’.
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1 SEC. 2. REAPPLICATION REQUIREMENTS FOR ADULTS RE2 CEIVING SSI BENEFITS BY REASON OF DIS3 ABILITY.

4 (a) IN GENERAL.—Section 1614(a)(3)(G) of the So5 cial Security Act (42 U.S.C. 1382c(a)(3)(G)) is amend6 ed—

7 (1) by inserting ‘‘(i)’’ after ‘‘(G)’’; and

8 (2) by adding at the end the following clause:

9 ‘‘(ii) In the case of an individual who has attained

10 18 years of age and for whom a determination has been

11 made of eligibility for a benefit under this title by reason

12 of disability, the following applies:

13 ‘‘(I) Subject to the provisions of this clause, the

14 determination of eligibility is effective for the 3-year

15 period beginning on the date of the determination,

16 and the eligibility of the individual lapses unless a

17 determination of continuing eligibility is made before

18 the end of such period, and before the end of each

19 subsequent 3-year period. This subclause ceases to

20 apply to the individual upon the individual attaining

21 65 years of age. This subclause does not apply to

22 the individual if the individual has an impairment

23 that is not expected to improve (or a combination of

24 impairments that are not expected to improve).

25 ‘‘(II) With respect to a determination under

26 subclause (I) of whether the individual continues to
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1 be eligible for the benefit (in this clause referred to

2 as a ‘redetermination’), the Commissioner may not

3 make the redetermination unless the individual sub4 mits to the Commissioner an application requesting

5 the redetermination. If such an application is sub6 mitted, the Commissioner shall make the redeter7 mination. This subclause is subject to subclause (V).

8 ‘‘(III) If as of the date on which this clause

9 takes effect the individual has been receiving the

10 benefit for three years or less, the first period under

11 subclause (I) for the individual is deemed to end on

12 the expiration of the period beginning on the date on

13 which this clause takes effect and continuing

14 through a number of months equal to 12 plus a

15 number equal to 36 minus the number of months

16 the individual has been receiving the benefit.

17 ‘‘(IV) If as of the date on which this clause

18 takes effect the individual has been receiving the

19 benefit for five years or less, but for more than three

20 years, the first period under subclause (I) for the in21 dividual is deemed to end on the expiration of the

22 1-year period beginning on the date on which this

23 clause takes effect.

24 ‘‘(V) If as of the date on which this clause

25 takes effect the individual has been receiving the
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1 benefit for more than five years, the Commissioner

2 shall make redeterminations under subclause (I) and

3 may not require the individual to submit applica4 tions for the redeterminations. The first 3-year pe5 riod under subclause (I) for the individual is deemed

6 to begin upon the expiration of the period beginning

7 on the date on which this clause takes effect and

8 ending upon the termination of a number of years

9 equal to the lowest number (greater than zero) that

10 can be obtained by subtracting the number of years

11 that the individual has been receiving the benefit

12 from a number that is a multiple of three.

13 ‘‘(VI) If the individual first attains 18 years of

14 age on or after the date on which this clause takes

15 effect, the first 3-year period under subclause (I) for

16 the individual is deemed to end on the date on which

17 the individual attains such age.

18 ‘‘(VII) Not later than one year prior to the date

19 on which a determination under subclause (I) ex20 pires, the Commissioner shall (except in the case of

21 an individual to whom subclause (V) applies) provide

22 to the individual a written notice explaining the ap23 plicability of this clause to the individual, including

24 an explanation of the effect of failing to submit the

25 application. If the individual submits the application
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1 not later than 180 days prior to such date and the

2 Commissioner does not make the redetermination

3 before such date, the Commissioner shall continue to

4 provide the benefit pending the redetermination and

5 shall publish in the Federal Register a notice that

6 the Commissioner was unable to make the redeter7 mination by such date.

8 ‘‘(VIII) If the individual fails to submit the ap9 plication under subclause (II) by the end of the ap10 plicable period under subclause (I), the individual

11 may apply for a redetermination. The Commissioner

12 shall make the redetermination for the individual

13 only after making redeterminations for individuals

14 for whom eligibility has not lapsed pursuant to

15 subclause (I).’’.

16 (b) EFFECTIVE DATE.—The amendment made by

17 subsection (a) takes effect upon the expiration of the 9-

18 month period beginning on the date of the enactment of

19 this Act.

20 (c) CONFORMING REPEAL.—Section 207 of the So21 cial Security Independence and Program Improvements

22 Act of 1994 (42 U.S.C. 1382 note; 108 Stat. 1516) is

23 hereby repealed.
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1 SEC. 3. STRIKING OF RESTRICTIONS REGARDING DETER2 MINATION OF INELIGIBILITY.

3 Section 1614(a) of the Social Security Act (42 U.S.C.

4 1382c(a)) is amended by striking paragraph (4).

5 SEC. 4. NARROWING OF SSI ELIGIBILITY ON BASIS OF MEN6 TAL IMPAIRMENTS.

7 (a) IN GENERAL.—Section 1614(a)(3)(A) of the So8 cial Security Act (42 U.S.C. 1382c(a)(3)(A)) is amend9 ed—

10 (1) by inserting ‘‘(i)’’ after ‘‘(3)(A)’’; and

11 (2) by adding at the end the following clause:

12 ‘‘(ii) In making determinations under clause (i) re13 garding the severity of mental impairments, the Secretary

14 shall revise the regulations under subpart P of part 404

15 of title 20, Code of Federal Regulations in order to accom16 plish the result that (relative to such regulations as in ef17 fect prior to the date on which this clause takes effect)

18 the growth in the enrollment of the program under this

19 title on the basis of mental impairments is slowed. The

20 final rule issued pursuant to the preceding sentence ap21 plies to individuals without regard to whether the individ22 uals were receiving benefits under this title prior to the

23 effective date of such rule.’’.

24 (b) FINAL REGULATIONS.—The final rule for the

25 regulations required in subsection (a) shall be issued be26 fore the expiration of the 9-month period beginning on the
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1 date of the enactment of this Act, and shall take effect

2 upon the expiration of such period.

Æ