I
103D CONGRESS
1ST SESSION
H. R. 648
To amend title II of the Social Security Act to provide that, in determining
whether an individual applying for or receiving benefits based on disabil-
ity is engaging in substantial gainful activity, a portion of the cost
of acquiring a van which is specially equipped for the individual’s disabil-
ity and which the individual needs for transportation to work shall
be excluded from amounts treated as such individual’s earnings, and
to make conforming changes in title XVI.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 27, 1993
Mr. JACOBS introduced the following bill; which was referred to the Committee
on Ways and Means
A BILL
To amend title II of the Social Security Act to provide
that, in determining whether an individual applying for
or receiving benefits based on disability is engaging in
substantial gainful activity, a portion of the cost of ac-
quiring a van which is specially equipped for the individ-
ual’s disability and which the individual needs for trans-
portation to work shall be excluded from amounts treated
as such individual’s earnings, and to make conforming
changes in title XVI.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. EXCLUSION FROM EARNINGS OF PORTION OF
COST OF VAN NECESSARY FOR TRANSPOR-
TATION TO WORK IN DETERMINING ABILITY
TO ENGAGE IN SUBSTANTIAL GAINFUL AC-
TIVITY.
(a) BENEFITS UNDER TITLE II.—Section 223(d)(4)
of the Social Security Act (42 U.S.C. 423(d)(4)) is amend-
ed—
(1) by inserting ‘‘(A)’’ after ‘‘(4)’’; and
(2) by adding at the end the following new sub-
paragraph:
‘‘(B) A van which is specially equipped for the indi-
vidual’s disability and which the individual needs for
transportation to work shall be treated as equipment re-
ferred to in subparagraph (A), except that the cost of the
van taken into account for purposes of subparagraph (A)
shall consist of—
‘‘(i) 100 percent of the cost of modifications ne-
cessitated by the individual’s disability, plus
‘‘(ii) the lesser of 50 percent of the remaining
cost of the van or $12,000.
The Secretary shall prescribe regulations providing for ap-
propriate allocation over time of the costs referred to in
this subparagraph.’’.
(b) BENEFITS UNDER TITLE XVI.—
(1) 
EXCLUSIONS
FROM
INCOME.—Section
1612(b)(4)(B)(ii) 
of 
such 
Act 
(42 
U.S.C.
1382a(b)(4)(B)(ii)) is amended—
(A) by inserting ‘‘(I)’’ after ‘‘except that’’;
and
(B) by inserting after ‘‘prescribe,’’ the fol-
lowing: ‘‘and (II) the provisions of section
223(d)(4)(B) shall apply with respect to this
clause in the same manner and to the same ex-
tent as such provisions apply with respect to
section 223(d)(4)(A),’’.
(2) DETERMINATION OF SUBSTANTIAL GAINFUL
ACTIVITY.—Section 1614(a)(3)(D) of such Act (42
U.S.C. 1382c(a)(3)(D)) is amended—
(A) in the second sentence, by inserting
‘‘(i)’’ after ‘‘except that’’; and
(B) by striking ‘‘prescribe.’’ and inserting
the following: ‘‘prescribe, and (ii) the provisions
of section 223(d)(4)(B) shall apply with respect
to this subparagraph in the same manner and
to the same extent as such provisions apply
with respect to section 223(d)(4)(A).’’.
SEC. 2. EFFECTIVE DATE.
The amendments made by section 1 shall apply with
respect to vans purchased on or after the date of the en-
actment of this Act.
Æ