I
105TH CONGRESS
2D SESSION
H. R. 3732
To amend title II of the Social Security Act to waive the waiting period
otherwise required for disability beneficiaries in the case of individuals
suffering from terminal illnesses with not more than six months to
live, and to amend titles II and XVI of such Act to provide for appro-
priate treatment of prisoners.
IN THE HOUSE OF REPRESENTATIVES
APRIL 23, 1998
Mr. TIAHRT 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 waive the
waiting period otherwise required for disability bene-
ficiaries in the case of individuals suffering from terminal
illnesses with not more than six months to live, and
to amend titles II and XVI of such Act to provide
for appropriate treatment of prisoners.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Rex Brewer Social Se-
curity Disability Fairness and Equity Act of 1998’’.
SEC. 2. WAITING PERIOD FOR SOCIAL SECURITY DISABIL-
ITY BENEFICIARIES INAPPLICABLE TO INDI-
VIDUALS WITH TERMINAL ILLNESSES.
(a) IN GENERAL.—Section 223(a)(1) of the Social
Security Act (42 U.S.C. 423(a)(1)) is amended, in clause
(ii) of the first sentence—
(1) by inserting ‘‘(I)’’ after ‘‘but only if’’, and
(2) by inserting ‘‘or (II) he has a terminal ill-
ness (as defined in subsection (j)),’’ after ‘‘under
such disability,’’.
(b) TERMINAL ILLNESS DEFINED.—Section 223 of
such Act (42 U.S.C. 423) is amended by adding at the
end the following new subsection:
‘‘Definition of Terminal Illness
‘‘(j) As used in this section, the term ‘terminal illness’
means, in the case of any individual, a medically deter-
minable physical impairment which is expected to result
in the death of such individual within the next six
months.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply with respect to benefits for which
applications are filed on or after the date of the enactment
of this Act.
SEC. 3. TREATMENT OF PRISONERS UNDER TITLES II AND
XVI OF THE SOCIAL SECURITY ACT.
(a) IMPLEMENTATION
OF PROHIBITION AGAINST
PAYMENT OF TITLE II BENEFITS TO PRISONERS.—
(1) IN GENERAL.—Section 202(x)(3) of the So-
cial Security Act (42 U.S.C. 402(x)(3)) is amend-
ed—
(A) by inserting ‘‘(A)’’ after ‘‘(3)’’; and
(B) by adding at the end the following new
subparagraph:
‘‘(B)(i) The Commissioner shall enter into an agree-
ment, with any interested State or local institution com-
prising a jail, prison, penal institution, correctional facil-
ity, or other institution a purpose of which is to confine
individuals as described in paragraph (1)(A), under
which—
‘‘(I) the institution shall provide to the Com-
missioner, on a monthly basis and in a manner spec-
ified by the Commissioner, the names, social security
account numbers, dates of birth, confinement com-
mencement dates, and, to the extent available to the
institution, such other identifying information con-
cerning the individuals confined in the institution as
the Commissioner may require for the purpose of
carrying out paragraph (1); and
‘‘(II) except as provided in clause (ii), the Com-
missioner shall pay to the institution, with respect to
information described in subclause (I) concerning
each individual who is confined therein as described
in paragraph (1)(A), to whom a benefit under this
title is payable for the month preceding the first
month of such confinement, and whose benefit under
this title ceases to be payable as a result of the ap-
plication of this subsection, $400 (subject to reduc-
tion under clause (iii)) if the institution furnishes
the information to the Commissioner within 30 days
after the date such individual’s confinement in such
institution begins, or $200 (subject to reduction
under clause (iii)) if the institution furnishes the in-
formation after 30 days after such date but within
90 days after such date.
‘‘(ii) No amount shall be payable to an institution
with respect to information concerning an individual under
an agreement entered into under clause (i) if, prior to the
Commissioner’s receipt of the information, the Commis-
sioner has determined that benefits under this title are
no longer payable to such individual as a result of the ap-
plication of this subsection.
‘‘(iii) The dollar amounts specified in clause (i)(II)
shall be reduced by 50 percent if the Commissioner is also
required to make a payment to the institution with respect
to the same individual under an agreement entered into
under section 1611(e)(1)(I).
‘‘(iv) There shall be transferred from the Federal
Old-Age and Survivors Insurance Trust Fund and the
Federal Disability Insurance Trust Fund, as appropriate,
such sums as may be necessary to enable the Commis-
sioner to make payments to institutions required by clause
(i)(II). Sums so transferred shall be treated as direct
spending for purposes of the Balanced Budget and Emer-
gency Deficit Control Act of 1985 and excluded from
budget totals in accordance with section 13301 of the
Budget Enforcement Act of 1990.
‘‘(v) The Commissioner is authorized to provide, on
a reimbursable basis, information obtained pursuant to
agreements entered into under clause (i) to any Federal
or federally-assisted cash, food, or medical assistance pro-
gram for eligibility purposes.’’.
(2) EFFECTIVE DATE.—The amendments made
by this subsection shall apply to individuals whose
period of confinement in an institution commences
on or after the first day of the fourth month begin-
ning after the month in which this Act is enacted.
(b) ELIMINATION OF TITLE II REQUIREMENT THAT
CONFINEMENT STEM FROM CRIME PUNISHABLE BY IM-
PRISONMENT FOR MORE THAN 1 YEAR.—
(1) IN GENERAL.—Section 202(x)(1)(A) of such
Act (42 U.S.C. 402(x)(1)(A)) is amended—
(A) in the matter preceding clause (i), by
striking ‘‘during’’ and inserting ‘‘throughout’’;
(B) in clause (i), by striking ‘‘an offense
punishable by imprisonment for more than 1
year (regardless of the actual sentence im-
posed)’’ and inserting ‘‘a criminal offense’’; and
(C) in clause (ii)(I), by striking ‘‘an of-
fense punishable by imprisonment for more
than 1 year’’ and inserting ‘‘a criminal of-
fense’’.
(2) EFFECTIVE DATE.—The amendments made
by this subsection shall apply to individuals whose
period of confinement in an institution commences
on or after the first day of the fourth month begin-
ning after the month in which this Act is enacted.
(c) CONFORMING TITLE XVI AMENDMENTS.—
(1) PRECLUSION OF TITLE XVI PAYMENT WHEN
INFORMATION
FURNISHED
BY
AN
INSTITUTION
IS
ALREADY KNOWN BY THE COMMISSIONER.—Section
‘‘(iii) The dollar amounts specified in clause (i)(II)
shall be reduced by 50 percent if the Commissioner is also
required to make a payment to the institution with respect
to the same individual under an agreement entered into
under section 202(x)(3)(B).’’.
(3) EFFECTIVE DATE.—The amendments made
by this subsection shall apply as if included in the
enactment of section 203(a) of the Personal Respon-
sibility and Work Opportunity Reconciliation Act of
1996 (Public Law 104–193).
(d) EXEMPTION FROM COMPUTER MATCHING RE-
QUIREMENTS.—
(1) IN
GENERAL.—Section 552a(a)(8)(B) of
title 5, United States Code, is amended—
(A) by striking ‘‘or’’ at the end of clause
(vi); and
(B) by inserting after clause (vii) the fol-
lowing new clauses:
‘‘(viii) matches performed pursuant to
section 202(x) or 1611(e)(1) of the Social
Security Act; or
‘‘(ix) matches performed pursuant to
section 
205(j)(1)(A), 
205(j)(5),
1631(a)(2)(A)(ii), 
1631(a)(2)(A)(iii), 
or
1631(a)(2)(E) of the Social Security Act;’’.
(2) 
CONFORMING
AMENDMENT.—Section
1611(e)(1)(I)(iv) of the Social Security Act (as re-
designated by subsection (c)(1)(B)) is amended fur-
ther by striking ‘‘(I) The provisions’’ and all that
follows through ‘‘(II) The Commissioner’’ and in-
serting ‘‘The Commissioner’’.
(3) EFFECTIVE DATE.—The amendments made
by this subsection shall take effect on the date of the
enactment of this Act.
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