[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3929 Introduced in House (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.

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