tivities, any State or local government
agency with fiduciary responsibilities,
or any’’ after ‘‘means any’’;
(II) by inserting a comma after
‘‘service agency’’;
(III) by adding ‘‘and’’ at the end
of subclause (I); and
(IV) in subclause (II)—
(aa) by adding ‘‘and’’ at the
end of item (aa);
(bb) by striking ‘‘; and’’ at
the end of item (bb) and insert-
ing a period; and
(cc) by striking item (cc);
and
(iii) by striking clause (iv), effective
July 1, 1994.
(3) NONPAYMENT OR TERMINATION OF BENE-
FITS.—
(A) IN GENERAL.—Section 1611(e)(3) of
such Act (42 U.S.C. 1382(e)(3)), is amended
by redesignating subparagraph (B) as subpara-
graph (C) and by inserting after subparagraph
(A) the following:
‘‘(B)(i) Notwithstanding any other provision of this
title, in the case of any individual entitled to benefits
under this title solely by reason of disability, if alcoholism
or drug addiction is a contributing factor material to the
Secretary’s determination that such individual is disabled
and such individual is determined by the Secretary not
to be in compliance with the requirements of this subpara-
graph for a month, such benefits shall be suspended for
a period commencing with such month and ending with
the month preceding the first month, after the determina-
tion of noncompliance, in which such individual dem-
onstrates that he or she has reestablished and maintained
compliance with such requirements for the applicable pe-
riod specified in clause (iii).
‘‘(ii)(I) An individual described in clause (i) is in com-
pliance with the requirements of this subparagraph for a
month if the individual in such month undergoes any med-
ical or psychological treatment that may be appropriate,
for the individual’s condition diagnosed as substance
abuse or alcohol abuse and for the stage of the individual’s
rehabilitation, at an institution or facility approved for
purposes of this subparagraph by the Secretary, and com-
plies in such month with the terms, conditions, and re-
quirements of such treatment and with requirements im-
posed by the Secretary under subparagraph (C).
‘‘(II) An individual described in clause (i) shall not
be determined to be not in compliance with the require-
ments of this subparagraph for a month if access by such
individual to such treatment is not reasonably available
for the month, as determined under regulations of the Sec-
retary.
‘‘(iii) The applicable period specified in this clause
is—
‘‘(I) 2 consecutive months, in the case of a 1st
determination that an individual is not in compliance
with the requirements of this subparagraph;
‘‘(II) 3 consecutive months, in the case of the
2nd such determination with respect to the individ-
ual; or
‘‘(III) 6 consecutive months, in the case of the
3rd or subsequent such determination with respect
to the individual.
‘‘(iv) An individual shall not be an eligible individual
for purposes of this title for the 12-month period that be-
gins with the end of any period of 12 consecutive months
for which the benefits of the individual under this title
have been suspended by reason of this subparagraph.
‘‘(v) In the case of any individual entitled to benefits
under this title by reason of disability, if alcoholism or
drug addiction is a contributing factor material to the Sec-
retary’s determination that such individual is disabled,
such individual may not be entitled to such benefits by
reason of disability (or any past-due benefits under such
entitlement) for any month after the 36-month period be-
ginning with such individual’s first month of such entitle-
ment, notwithstanding section 1619(a).
‘‘(vi)(I) The Secretary shall not, in a month, pay to
an individual described in clause (i) benefits under this
title the payment of which is past due, in an amount that
exceeds the amount of benefits under this title which are
payable to the individual for the month and the payment
of which is not past due.
‘‘(II) As used in subclause (I) of this clause, the term
‘benefits under this title’ includes supplementary pay-
ments of the type described in section 1616(a) and pay-
ments pursuant to an agreement entered into under sec-
tion 212(a) of Public Law 93–66.’’.
(B) REFERRAL, MONITORING, AND TREAT-
MENT.—Section 1611(e)(3)(C) of such Act (42
U.S.C. 1382(e)(3)(C)), as so designated by the
amendment made by subparagraph (A) of this
paragraph, is amended—
(i) by adding at the end the following:
‘‘Each such annual report shall include the
number and percentage of such individuals
who did not receive regular drug testing
during the year covered by the report.’’;
(ii) by inserting ‘‘(i)’’ after ‘‘(C)’’; and
(iii) by adding after and below the end
following:
‘‘(ii) The Secretary, in consultation with drug and al-
cohol treatment professionals, shall issue regulations—
‘‘(I) defining appropriate treatment for alcohol-
ics and drug addicts who are subject to required
medical or psychological treatment under this sub-
paragraph; and
‘‘(II) establishing guidelines to be used to re-
view and evaluate their compliance, including meas-
ures of the progress of participants in such pro-
grams.
‘‘(iii)(I) For purposes of carrying out the require-
ments of clauses (i) and (ii), the Secretary shall establish
in each State a referral and monitoring agency for the
State.
‘‘(II) Each referral and monitoring agency for a State
shall—
‘‘(aa) identify appropriate placements, for indi-
viduals residing in the State who are entitled to ben-
efits under this title by reason of disability and with
respect to whom alcoholism or drug addiction is a