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 secu-
rity 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 re-
ceipt of supplemental security income benefits, to require
that the administrative criteria regarding mental impair-
ments be modified, and for other purposes.
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 ‘‘SSI Disability Benefits
Reform Act of 1995’’.
SEC. 2. REAPPLICATION REQUIREMENTS FOR ADULTS RE-
CEIVING SSI BENEFITS BY REASON OF DIS-
ABILITY.
(a) IN GENERAL.—Section 1614(a)(3)(G) of the So-
cial Security Act (42 U.S.C. 1382c(a)(3)(G)) is amend-
ed—
(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 sub-
mits to the Commissioner an application requesting
the redetermination. If such an application is sub-
mitted, the Commissioner shall make the redeter-
mination. 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 in-
dividual 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 applica-
tions for the redeterminations. The first 3-year pe-
riod 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) ex-
pires, the Commissioner shall (except in the case of
an individual to whom subclause (V) applies) provide
to the individual a written notice explaining the ap-
plicability 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 redeter-
mination by such date.
‘‘(VIII) If the individual fails to submit the ap-
plication under subclause (II) by the end of the ap-
plicable 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 So-
cial 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 DETER-
MINATION 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 MEN-
TAL IMPAIRMENTS.
(a) IN GENERAL.—Section 1614(a)(3)(A) of the So-
cial Security Act (42 U.S.C. 1382c(a)(3)(A)) is amend-
ed—
(1) by inserting ‘‘(i)’’ after ‘‘(3)(A)’’; and
(2) by adding at the end the following clause:
‘‘(ii) In making determinations under clause (i) re-
garding 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 accom-
plish the result that (relative to such regulations as in ef-
fect 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 ap-
plies to individuals without regard to whether the individ-
uals 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 be-
fore the expiration of the 9-month period beginning on the