[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 648 Introduced in House (IH)]

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 disability is engaging in substantial gainful activity, a 
portion of the cost of acquiring a van which is specially equipped for 
    the individual's disability 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.


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                    IN THE HOUSE OF REPRESENTATIVES

                            January 27, 1993

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

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                                 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 acquiring a van which is specially equipped for 
    the individual's disability 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.

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

SECTION 1. EXCLUSION FROM EARNINGS OF PORTION OF COST OF VAN NECESSARY 
              FOR TRANSPORTATION TO WORK IN DETERMINING ABILITY TO 
              ENGAGE IN SUBSTANTIAL GAINFUL ACTIVITY.

    (a) Benefits Under Title II.--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) A van which is specially equipped for the individual's 
disability and which the individual needs for transportation to work 
shall be treated as equipment referred 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 necessitated 
        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 appropriate 
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 
                following: ``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 extent 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 enactment of this Act.

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