H.R. 3929 (103rd): To amend titles II and XVI of the Social Security Act to provide that, for purposes of ...

...determining whether an individual is under a disability, engagement in an illegal drug-related enterprise demonstrates ability to engage in substanti

103rd Congress, 1993–1994. Text as of Mar 01, 1994 (Introduced).

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HR 3929 IH

103d CONGRESS

2d Session

H. R. 3929

To amend titles II and XVI of the Social Security Act to provide that, for purposes of determining whether an individual is under a disability, engagement in an illegal drug-related enterprise demonstrates ability to engage in substantial gainful activity.

IN THE HOUSE OF REPRESENTATIVES

March 1, 1994

Mr. HERGER introduced the following bill; which was referred to the Committee on Ways and Means


A BILL

To amend titles II and XVI of the Social Security Act to provide that, for purposes of determining whether an individual is under a disability, engagement in an illegal drug-related enterprise demonstrates ability to engage in substantial gainful activity.

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

SECTION 1. ENGAGEMENT IN ILLEGAL DRUG-RELATED ENTERPRISE TREATED AS DEMONSTRATION OF ABILITY TO ENGAGE IN SUBSTANTIAL GAINFUL ACTIVITY.

    (a) DISABILITY INSURANCE- Section 223(d)(4) of the Social Security Act (42 U.S.C. 423(d)(4)) is amended--

      (1) by inserting ‘(A)’ after ‘(4)’; and

      (2) by adding at the end the following new subparagraph:

    ‘(B)(i) The criteria referred to in the first sentence of subparagraph (A) shall provide that engagement by an individual in an illegal drug-related enterprise for any remuneration, or any earnings derived by an individual from engagement in such an enterprise, are sufficient to demonstrate such individual’s ability to engage in substantial gainful activity.

    ‘(ii) For purposes of clause (i), the term ‘illegal drug-related enterprise’ means the distribution, manufacture, cultivation, sale, or transfer of, or the attempt or conspiracy to distribute, manufacture, cultivate, sell, or transfer, any substance the possession of which is prohibited under the Controlled Substances Act.’.

    (b) SUPPLEMENTAL SECURITY INCOME- Section 1614(a)(3)(D) of such Act (42 U.S.C. 1382c(a)(3)(D)) is amended--

      (1) by inserting ‘(i)’ after ‘(D)’; and

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

    ‘(ii)(I) The criteria referred to in the first sentence of clause (i) shall provide that engagement by an individual in an illegal drug-related enterprise for any remuneration, or any earnings derived by an individual from engagement in such an enterprise, are sufficient to demonstrate such individual’s ability to engage in substantial gainful activity.

    ‘(II) For purposes of subclause (I), the term ‘illegal drug-related enterprise’ means the distribution, manufacture, cultivation, sale, or transfer of, or the attempt or conspiracy to distribute, manufacture, cultivate, sell, or transfer, any substance the possession of which is prohibited under the Controlled Substances Act.’.

SEC. 2. EFFECTIVE DATE.

    The amendments made by this Act shall apply with respect to determinations of disability made after December 31, 1994. The Secretary of Health and Human Services shall by regulations revise the criteria referred to in the first sentence of section 223(d)(4)(A) of the Social Security Act (as amended by this Act) and the first sentence of section 1614(a)(3)(D)(i) of such Act (as amended by this Act) not later than December 31, 1994, so as to conform to the requirements of the amendments made by this Act.