II

103D CONGRESS

2D SESSION S. 2161

To amend title XVI of the Social Security Act to improve work incentives

for people with disabilities.

IN THE SENATE OF THE UNITED STATES

JUNE 7, 1994

Mr. RIEGLE (for himself, Mr. FEINGOLD, and Mr. PRYOR) introduced the

following bill; which was read twice and referred to the Committee on Finance

A BILL

To amend title XVI of the Social Security Act to improve

work incentives for people with disabilities.

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; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Social Security Disability Amendments Act of 1994’’.

6 (b) TABLE OF CONTENTS.—The table of contents is

7 as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Disregard deemed income and resources of ineligible spouse when determining continued eligibility under section 1619(b).

Sec. 3. Plans for achieving self-support not disapproved within 60 days to be

deemed approved.

Sec. 4. Expansion of plans for achieving self-support to include housing goals.

Sec. 5. Regulations regarding completion of plans for achieving self-support.
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Sec. 6. Treatment of certain grant, scholarship, or fellowship income as earned

income for SSI purposes.

Sec. 7. SSI eligibility for students temporarily abroad.

Sec. 8. Effective date.

1 SEC. 2. DISREGARD DEEMED INCOME AND RESOURCES OF

2 INELIGIBLE SPOUSE WHEN DETERMINING

3 CONTINUED ELIGIBILITY UNDER SECTION

4 1619(b).

5 Section 1614(f)(1) of the Social Security Act (42

6 U.S.C. 1382c(f)(1)) is amended by inserting ‘‘(other than

7 under section 1619(b))’’ after ‘‘benefits’’.

8 SEC. 3. PLANS FOR ACHIEVING SELF-SUPPORT NOT DIS9 APPROVED WITHIN 60 DAYS TO BE DEEMED

10 APPROVED.

11 (a) AMENDMENTS TO INCOME EXCLUSION RULES.—

12 Section 1612(b)(4) of the Social Security Act (42 U.S.C.

13 1382a(b)(4)(A)) is amended in each of subparagraphs (A)

14 and (B) by inserting ‘‘and, for purposes of this clause,

15 a completed plan for achieving self-support which is not

16 disapproved by the Secretary within 60 days after the date

17 of submission shall be deemed to be approved by the Sec18 retary until subsequently disapproved by the Secretary

19 (with appropriate notification to the individual),’’ after

20 ‘‘plan,’’.

21 (b) AMENDMENT TO RESOURCE EXCLUSION

22 RULE.—Section 1613(a)(4) of such Act (42 U.S.C.

23 1382b(a)(4)) is amended by inserting ‘‘, and, for purposes
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1 of this paragraph, a completed plan for achieving self-sup2 port which is not disapproved by the Secretary within 60

3 days after the date of submission shall be deemed to be

4 approved by the Secretary until 6 months after subse5 quently disapproved by the Secretary (with appropriate

6 notification to the individual)’’ after ‘‘such plan’’.

7 SEC. 4. EXPANSION OF PLANS FOR ACHIEVING SELF-SUP8 PORT TO INCLUDE HOUSING GOALS.

9 (a) INCOME DISREGARD RULES.—Section

10 1612(b)(4) of the Social Security Act (42 U.S.C.

11 1382a(b)(4)) is amended in each of subparagraphs (A)(iii)

12 and (B)(iv), by inserting ‘‘, containing a career or housing

13 goal, that has been’’ before ‘‘approved’’.

14 (b) RESOURCE DISREGARD RULES.—Section

15 1613(a)(4) of such Act (42 U.S.C. 1382b(a)(4)) is amend16 ed by inserting ‘‘, containing a career or housing goal, that

17 has been’’ before ‘‘approved’’.

18 SEC. 5. REGULATIONS REGARDING COMPLETION OF PLANS

19 FOR ACHIEVING SELF-SUPPORT.

20 Section 1633 of the Social Security Act (42 U.S.C.

21 1383b) is amended by adding at the end the following:

22 ‘‘(d) The Secretary shall establish by regulation time

23 limits and other criteria—
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1 ‘‘(1) which are related to an individual’s career

2 or housing goal included in a plan for achieving self3 support, and

4 ‘‘(2) that take into account the difficulty of

5 achieving self-support based on the needs of the in6 dividual and the goals of the plan.’’.

7 SEC. 6. TREATMENT OF CERTAIN GRANT, SCHOLARSHIP,

8 OR FELLOWSHIP INCOME AS EARNED IN9 COME FOR SSI PURPOSES.

10 Section 1612(a)(1) of the Social Security Act (42

11 U.S.C. 1382a(a)(1)), as amended by section 309 of this

12 Act, is amended—

13 (1) by striking ‘‘and’’ at the end of subpara14 graph (E); and

15 (2) by adding at the end the following:

16 ‘‘(G) any grant, scholarship, or fellowship

17 described in section 1612(b)(7) to the extent

18 not excluded from income pursuant to such sec19 tion; and’’.

20 SEC. 7. SSI ELIGIBILITY FOR STUDENTS TEMPORARILY

21 ABROAD.

22 Section 1611(f) of the Social Security Act (42 U.S.C.

23 1382(f)) is amended by adding at the end the following:

24 ‘‘The first sentence of this subsection shall not apply to

25 any individual who was eligible to receive a benefit under
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1 this title for the month immediately preceding the first

2 month during all of which such individual is outside the

3 United States and who demonstrates to the satisfaction

4 of the Secretary that the individual’s absence from the

5 United States will be temporary and for the purpose of

6 conducting studies as part of an educational program de7 signed to prepare the individual for gainful employment

8 and sponsored by a school, college, or university in the

9 United States.’’.

10 SEC. 8. EFFECTIVE DATE.

11 Except as otherwise provided in this Act, the amend12 ments made by this Act shall take effect on the 1st day

13 of the 1st calendar month that begins 90 or more days

14 after the date of the enactment of this Act.

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