II

104TH CONGRESS

2D SESSION S. 1642

To amend the Social Security Act to deny cash benefits to drug addicts

and alcoholics, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MARCH 26, 1996

Mr. DORGAN introduced the following bill; which was read twice and referred

to the Committee on Finance

A BILL

To amend the Social Security Act to deny cash benefits

to drug addicts and alcoholics, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. DENIAL OF CASH BENEFITS TO DRUG ADDICTS

4 AND ALCOHOLICS.

5 (a) AMENDMENTS RELATING TO TITLE II DISABIL6 ITY BENEFITS.—

7 (1) IN GENERAL.—Section 225(c) of the Social

8 Security Act (42 U.S.C. 425(c)) is amended—

9 (A) by striking ‘‘(c)(1)(A)’’ and inserting

10 ‘‘(2)(A)’’;
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1 (B) by striking paragraph (7) and by re2 designating paragraphs (2) through (6) as

3 paragraphs (3) through (7), respectively; and

4 (C) by inserting before paragraph (2) as

5 redesignated by subparagraph (A) the following

6 new paragraph:

7 ‘‘(c)(1) No cash benefits shall be payable under this

8 title to any individual who is otherwise entitled to benefits

9 under this title based on disability, if such individual’s al10 coholism or drug addiction is a contributing factor mate11 rial to the Commissioner’s determination that such indi12 vidual is disabled.’’.

13 (2) TREATMENT REQUIREMENTS.—

14 (A) Section 225(c)(2)(A) of such Act (42

15 U.S.C. 425(c)(2)(A)), as redesignated by para16 graph (1), is amended to read as follows:

17 ‘‘(2)(A)(i) Any individual who would be entitled to

18 cash benefits under this title but for the application of

19 paragraph (1) may elect to comply with the provisions of

20 this subsection.

21 ‘‘(ii) Any individual who is entitled to cash ben22 efits under this title by reason of disability (or whose

23 entitlement to such benefits is suspended), and who

24 was entitled to such benefits by reason of disability,

25 for which such individual’s alcoholism or drug addic-
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1 tion was a contributing factor material to the Com2 missioner’s determination that such individual was

3 disabled, for the month preceding the month in

4 which this paragraph takes effect, shall be required

5 to comply with the provisions of this subsection.

6 (B) Section 225(c)(2)(B) of such Act (42

7 U.S.C. 425(c)(2)(B)), as so redesignated, is

8 amended—

9 (i) by striking ‘‘who is required under

10 subparagraph (A)’’ and inserting ‘‘de11 scribed in clause (ii) of subparagraph (A)

12 who is required’’; and

13 (ii) by striking ‘‘paragraph (3)’’ and

14 inserting ‘‘paragraph (4)’’.

15 (C) Section 225(c)(3)(A) of such Act (42

16 U.S.C. 425(c)(3)(A)), as so redesignated, is

17 amended—

18 (i) by striking ‘‘paragraph (1)’’ and

19 inserting ‘‘paragraph (2)(A)’’; and

20 (ii) by striking ‘‘paragraph (5)’’ and

21 inserting ‘‘paragraph (6)’’.

22 (D) Section 225(c)(3)(B) of such Act (42

23 U.S.C. 425(c)(3)(B)), as so redesignated, is

24 amended by striking ‘‘paragraph (1)’’ and in25 serting ‘‘paragraph (2)(A)’’.
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1 (E) Section 225(c)(5) of such Act (42

2 U.S.C. 425(c)(5)), as so redesignated, is

3 amended by striking ‘‘paragraph (2)’’ and in4 serting ‘‘paragraph (3)’’.

5 (F) Section 225(c)(6)(A) of such Act (42

6 U.S.C. 425(c)(6)(A), as so redesignated, is

7 amended—

8 (i) by striking ‘‘who are receiving ben9 efits under this title and who as a condi10 tion of payment of such benefits’’ and in11 serting ‘‘described in paragraph (2)(A)(i)

12 who elect to undergo treatment; and the

13 monitoring and testing of all individuals

14 described in paragraph (2)(A)(ii) who’’;

15 (ii) by striking ‘‘under paragraph

16 (1)’’; and

17 (iii) by striking ‘‘paragraph (2)(A)’’

18 and inserting ‘‘paragraph (3)(A)’’.

19 (G) Section 225(c)(6)(C)(ii)(I) of such Act

20 (42 U.S.C. 425(c)(6)(C)(ii)(I)), as so redesig21 nated, is amended—

22 (i) by striking ‘‘residing in the State’’

23 and all that follows through ‘‘they are dis24 abled’’ and inserting ‘‘described in para25 graph (2)(A) residing in the State’’; and
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1 (ii) by striking ‘‘paragraph (2)(A)’’

2 and inserting ‘‘paragraph (3)(A)’’.

3 (H) Section 225(c)(6)(C)(ii)(III) of such

4 Act (42 U.S.C. 425(c)(6)(C)(ii)(III)), as so re5 designated, is amended by striking ‘‘paragraph

6 (2)(A)’’ and inserting ‘‘paragraph (3)(A)’’.

7 (I) Section 225(c)(6)(C) of such Act (42

8 U.S.C. 425(c)(6)(C)), as so redesignated, is

9 amended by adding at the end the following:

10 ‘‘(iii) The monitoring requirements of clause (ii) shall

11 not apply in the case of any individual described in para12 graph (2)(A)(i) who fails to comply with the requirements

13 of paragraph (2).’’.

14 (J) Section 225(c)(7) of such Act (42

15 U.S.C. 425(c)(7)), as so redesignated, is

16 amended—

17 (i) in subparagraph (A), by striking

18 ‘‘who is entitled’’ and all that follows

19 through ‘‘is under a disability’’ and insert20 ing ‘‘described in paragraph (2)(A)’’; and

21 (ii) in subparagraph (D), by striking

22 ‘‘(4) or (7)’’ and inserting ‘‘(5)’’.

23 (K) Section 225(c)(8) of such Act (42

24 U.S.C. 425(c)(8)) is amended by striking ‘‘(1),

25 (4) or (7)’’ and inserting ‘‘(2) or (5)’’.
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1 (L) Section 225(c) of such Act (42 U.S.C.

2 425(c)) is amended by adding at the end the

3 following new paragraphs:

4 ‘‘(10) The Commissioner shall provide appropriate

5 notification to each individual subject to the limitation on

6 cash benefits contained in paragraph (1) and the treat7 ment provisions contained in paragraph (2).

8 ‘‘(11) The requirements of paragraph (2) shall cease

9 to apply to any individual if the Commissioner determines

10 that such individual no longer needs treatment.’’.

11 (3) REPRESENTATIVE PAYEE REQUIRE12 MENTS.—

13 (A) Section 205(j)(1)(B) of such Act (42

14 U.S.C. 405(j)(1)(B)) is amended to read as fol15 lows:

16 ‘‘(B) In the case of an individual entitled to benefits

17 based on disability, the payment of such benefits shall be

18 made to a representative payee if the Commissioner of So19 cial Security determines that such payment would serve

20 the interest of the individual because the individual also

21 has an alcoholism or drug addiction condition (as deter22 mined by the Commissioner) and the individual is incapa23 ble of managing such benefits.’’.

24 (B) Section 205(j)(2)(C)(v) of such Act

25 (42 U.S.C. 405(j)(2)(C)(v)) is amended by
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1 striking ‘‘entitled to benefits’’ and all that fol2 lows through ‘‘under a disability’’ and inserting

3 ‘‘described in paragraph (1)(B)’’.

4 (C) Section 205(j)(2)(D)(ii)(II) of such

5 Act (42 U.S.C. 405(j)(2)(D)(ii)(II)) is amended

6 by striking all that follows ‘‘15 years, or’’ and

7 inserting ‘‘described in paragraph (1)(B).’’.

8 (D) Section 205(j)(4)(A)(i)(II) of such Act

9 (42 U.S.C. 405(j)(4)(A)(ii)(II)) is amended by

10 striking ‘‘entitled to benefits’’ and all that fol11 lows through ‘‘under a disability’’ and inserting

12 ‘‘described in paragraph (1)(B)’’.

13 (b) AMENDMENTS RELATING TO SSI BENEFITS.—

14 (1) IN GENERAL.—Section 1611(e)(3) of the

15 Social Security Act (42 U.S.C. 1382(e)(3)) is

16 amended—

17 (A) by striking ‘‘(B)’’ and inserting ‘‘(C)’’;

18 (B) by striking ‘‘(3)(A)’’ and inserting

19 ‘‘(B)’’; and

20 (C) by inserting before subparagraph (B)

21 as redesignated by paragraph (2) the following

22 new subparagraph:

23 ‘‘(3)(A) No cash benefits shall be payable under this

24 title to any individual who is otherwise eligible for benefits

25 under this title by reason of disability, if such individual’s
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1 alcoholism or drug addiction is a contributing factor mate2 rial to the Commissioner’s determination that such indi3 vidual is disabled.’’.

4 (2) TREATMENT REQUIREMENTS.—

5 (A) Section 1611(e)(3)(B)(i)(I) of such

6 Act (42 U.S.C. 1382(e)(3)(B)(i)(I)), as redesig7 nated by paragraph (1), is amended to read as

8 follows:

9 ‘‘(B)(i)(I)(aa) Any individual who would be eligible

10 for cash benefits under this title but for the application

11 of subparagraph (A) may elect to comply with the provi12 sions of this subparagraph.

13 ‘‘(bb) Any individual who is eligible for cash

14 benefits under this title by reason of disability (or

15 whose eligibility for such benefits is suspended) or is

16 eligible for benefits pursuant to section 1619(b), and

17 who was eligible for such benefits by reason of dis18 ability, for which such individual’s alcoholism or

19 drug addiction was a contributing factor material to

20 the Commissioner’s determination that such individ21 ual was disabled, for the month preceding the month

22 in which this subparagraph takes effect, shall be re23 quired to comply with the provisions of this subpara24 graph.’’.
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1 (B) Section 1611(e)(3)(B)(i)(II) of such

2 Act (42 U.S.C. 1382(e)(3)(B)(i)(II)), as so re3 designated, is amended by striking ‘‘who is re4 quired under subclause (I)’’ and inserting ‘‘de5 scribed in division (bb) of subclause (I) who is

6 required’’.

7 (C) Subclauses (I) and (II) of section

8 1611(e)(3)(B)(ii) of such Act (42 U.S.C.

9 1382(e)(3)(B)(ii)), as so redesignated, are each

10 amended by striking ‘‘clause (i)’’ and inserting

11 ‘‘clause (i)(I)’’.

12 (D) Section 1611(e)(3)(B) of such Act (42

13 U.S.C. 1382(e)(3)(B)), as so redesignated, is

14 amended by striking clause (v) and by redesig15 nating clause (vi) as clause (v).

16 (E) Section 1611(e)(3)(B)(v) of such Act

17 (42 U.S.C. 1382(e)(3)(B)(v)), as redesignated

18 by subparagraph (D), is amended—

19 (i) in subclause (I), by striking ‘‘who

20 is eligible’’ and all that follows through ‘‘is

21 disabled’’ and inserting ‘‘described in

22 clause (i)(I)’’; and

23 (ii) in subclause (V), by striking ‘‘or

24 (v)’’.
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1 (F) Section 1611(e)(3)(C)(i) of such Act

2 (42 U.S.C. 1382(e)(3)(C)(i)), as redesignated

3 by paragraph (1), is amended by striking ‘‘who

4 are receiving benefits under this title and who

5 as a condition of such benefits’’ and inserting

6 ‘‘described in subparagraph (B)(i)(I)(aa) who

7 elect to undergo treatment; and the monitoring

8 and testing of all individuals described in sub9 paragraph (B)(i)(I)(bb) who’’.

10 (G) Section 1611(e)(3)(C)(iii)(II)(aa) of

11 such Act (42 U.S.C. 1382(e)(3)(C)(iii)(II)(aa)),

12 as so redesignated, is amended by striking ‘‘re13 siding in the State’’ and all that follows

14 through ‘‘they are disabled’’ and inserting ‘‘de15 scribed in subparagraph (B)(i)(I) residing in

16 the State’’.

17 (H) Section 1611(e)(3)(C)(iii) of such Act

18 (42 U.S.C. 1382(e)(3)(C)(iii)), as so redesig19 nated, is amended by adding at the end the fol20 lowing:

21 ‘‘(III) The monitoring requirements of subclause (II)

22 shall not apply in the case of any individual described in

23 subparagraph (B)(i)(I)(aa) who fails to comply with the

24 requirements of subparagraph (B).’’.
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1 (I) Section 1611(e)(3) of such Act (42

2 U.S.C. 1382(e)(3)), as amended by paragraph

3 (1), is amended by adding at the end the follow4 ing new subparagraphs:

5 ‘‘(D) The Commissioner shall provide appropriate no6 tification to each individual subject to the limitation on

7 cash benefits contained in subparagraph (A) and the

8 treatment provisions contained in subparagraph (B).

9 ‘‘(E) The requirements of subparagraph (B) shall

10 cease to apply to any individual if the Commissioner deter11 mines that such individual no longer needs treatment.’’.

12 (3) REPRESENTATIVE PAYEE REQUIRE13 MENTS.—

14 (A) Section 1631(a)(2)(A)(ii)(II) of such

15 Act (42 U.S.C. 1383(a)(2)(A)(ii)(II)) is amend16 ed to read as follows:

17 ‘‘(II) In the case of an individual eligible for benefits

18 under this title by reason of disability, the payment of

19 such benefits shall be made to a representative payee if

20 the Commissioner of Social Security determines that such

21 payment would serve the interest of the individual because

22 the individual also has an alcoholism or drug addiction

23 condition (as determined by the Commissioner) and the

24 individual is incapable of managing such benefits.’’.
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1 (B) Section 1631(a)(2)(B)(vii) of such Act

2 (42 U.S.C. 1383(a)(2)(B)(vii)) is amended by

3 striking ‘‘eligible for benefits’’ and all that fol4 lows through ‘‘is disabled’’ and inserting ‘‘de5 scribed in subparagraph (A)(ii)(II)’’.

6 (C) Section 1631(a)(2)(B)(ix)(II) of such

7 Act (42 U.S.C. 1383(a)(2)(B)(ix)(II)) is

8 amended by striking all that follows ‘‘15 years,

9 or’’ and inserting ‘‘described in subparagraph

10 (A)(ii)(II).’’.

11 (D) Section 1631(a)(2)(D)(i)(II) of such

12 Act (42 U.S.C. 1383(a)(2)(D)(i)(II)) is amend13 ed by striking ‘‘eligible for benefits’’ and all

14 that follows through ‘‘is disabled’’ and inserting

15 ‘‘described in subparagraph (A)(ii)(II)’’.

16 (4) PRESERVATION OF MEDICAID ELIGI17 BILITY.—Section 1634(e) of such Act (42 U.S.C.

18 1382(e)) is amended—

19 (A) by striking ‘‘clause (i) or (v) of section

20 1611(e)(3)(A)’’ and inserting ‘‘subparagraph

21 (A) or subparagraph (B)(i)(II) of section

22 1611(e)(3)’’; and

23 (B) by adding at the end the following:

24 ‘‘This subsection shall cease to apply to any
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1 such person if the Commissioner determines

2 that such person no longer needs treatment.’’.

3 (5) CONFORMING AMENDMENT.—Section

4 201(c) of the Social Security Independence and Pro5 gram Improvements Act of 1994 (42 U.S.C. 425

6 note) is repealed.

7 (c) EFFECTIVE DATES.—

8 (1) IN GENERAL.—Except as provided in para9 graph (2), the amendments made by this section

10 shall apply to applicants for benefits under title II

11 or title XVI of the Social Security Act for months

12 beginning on or after the date of the enactment of

13 this Act, without regard to whether regulations have

14 been issued to implement such amendments.

15 (2) APPLICATION TO CURRENT RECIPIENTS.—

16 Notwithstanding any other provision of law, in the

17 case of an individual who is receiving benefits under

18 title II of the Social Security Act or supplemental

19 security income benefits under title XVI of such Act

20 as of the date of the enactment of this Act and

21 whose entitlement or eligibility for such benefits

22 would terminate by reason of the amendments made

23 by this section, such amendments shall apply with

24 respect to the benefits of such individual for months

25 beginning on or after January 1, 1997, and the
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1 Commissioner of Social Security shall so notify the

2 individual not later than 90 days after the date of

3 the enactment of this Act.

4 (3) BENEFITS UNDER TITLE XVI.—For pur5 poses of this subsection, the term ‘‘benefits under

6 title XVI of the Social Security Act’’ includes sup7 plementary payments pursuant to an agreement for

8 Federal administration under section 1616(a) of the

9 Social Security Act, and payments pursuant to an

10 agreement entered into under section 212(b) of Pub11 lic Law 93–66.

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