Home > 104th Congressional Public Laws > Pub.L. 104-122 Making further continuing appropriations for the fiscal year 1996, and for other purposes. <> ...

Pub.L. 104-122 Making further continuing appropriations for the fiscal year 1996, and for other purposes. <> ...


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            (1) In general.--Section 202(d)(4) of the Social Security 
        Act (42 U.S.C. 402(d)(4)) is amended by striking ``was living 
        with or''.
            (2) <<NOTE: 42 USC 402 note.>>  Effective date.--The 
        amendment made by paragraph (1) shall apply with respect to 
        benefits of individuals who become entitled to such benefits for 
        months after the third month following the month in which this 
        Act is enacted.

    (b) Termination of Child's Insurance Benefits Based on Work Record 
of Stepparent Upon Natural Parent's Divorce From Stepparent.--
            (1) In general.--Section 202(d)(1) of the Social Security 
        Act (42 U.S.C. 402(d)(1)) is amended--
                    (A) by striking ``or'' at the end of subparagraph 
                (F);
                    (B) by striking the period at the end of 
                subparagraph (G) and inserting ``; or''; and

[[Page 110 STAT. 852]]

                    (C) by inserting after subparagraph (G) the 
                following new subparagraph:
            ``(H) if the benefits under this subsection are based on the 
        wages and self-employment income of a stepparent who is 
        subsequently divorced from such child's natural parent, the 
        month after the month in which such divorce becomes final.''.
            (2) Notification.--Section 202(d) of such Act (42 U.S.C. 
        402(d)) is amended by adding the following new paragraph:

    ``(10) For purposes of paragraph (1)(H)--
            ``(A) each stepparent shall notify the Commissioner of 
        Social Security of any divorce upon such divorce becoming final; 
        and
            ``(B) the Commissioner shall annually notify any stepparent 
        of the rule for termination described in paragraph (1)(H) and of 
        the requirement described in subparagraph (A).''.
            (3) <<NOTE: 42 USC 402 note.>>  Effective dates.--
                    (A) The amendments made by paragraph (1) shall apply 
                with respect to final divorces occurring after the third 
                month following the month in which this Act is enacted.
                    (B) The amendment made by paragraph (2) shall take 
                effect on the date of the enactment of this Act.

SEC. 105. DENIAL OF DISABILITY BENEFITS TO DRUG ADDICTS AND ALCOHOLICS.

    (a) Amendments Relating to Title II Disability Benefits.--
            (1) In general.--Section 223(d)(2) of the Social Security 
        Act (42 U.S.C. 423(d)(2)) is amended by adding at the end the 
        following:
            ``(C) An individual shall not be considered to be disabled 
        for purposes of this title if alcoholism or drug addiction would 
        (but for this subparagraph) be a contributing factor material to 
        the Commissioner's determination that the individual is 
        disabled.''.
            (2) Representative payee requirements.--
                    (A) Section 205(j)(1)(B) of such Act (42 U.S.C. 
                405(j)(1)(B)) is amended to read as follows:

    ``(B) In the case of an individual entitled to benefits based on 
disability, the payment of such benefits shall be made to a 
representative payee if the Commissioner of Social Security determines 
that such payment would serve the interest of the individual because the 
individual also has an alcoholism or drug addiction condition (as 
determined by the Commissioner) and the individual is incapable of 
managing such benefits.''.
                    (B) Section 205(j)(2)(C)(v) of such Act (42 U.S.C. 
                405(j)(2)(C)(v)) is amended by striking ``entitled to 
                benefits'' and all that follows through ``under a 
                disability'' and inserting ``described in paragraph 
                (1)(B)''.
                    (C) Section 205(j)(2)(D)(ii)(II) of such Act (42 
                U.S.C. 405(j)(2)(D)(ii)(II)) is amended by striking all 
                that follows ``15 years, or'' and inserting ``described 
                in paragraph (1)(B).''.
                    (D) Section 205(j)(4)(A)(i)(II) of such Act (42 
                U.S.C. 405(j)(4)(A)(ii)(II)) is amended by striking 
                ``entitled to benefits'' and all that follows through 
                ``under a disability'' and inserting ``described in 
                paragraph (1)(B)''.
            (3) Treatment referrals for individuals with an alcoholism 
        or drug addiction condition.--Section 222 of

[[Page 110 STAT. 853]]

        such Act (42 U.S.C. 422) is amended by adding at the end the 
        following new subsection:

    ``treatment referrals for individuals with an alcoholism or drug 
                           addiction condition

    ``(e) In the case of any individual whose benefits under this title 
are paid to a representative payee pursuant to section 205(j)(1)(B), the 
Commissioner of Social Security shall refer such individual to the 
appropriate State agency administering the State plan for substance 
abuse treatment services approved under subpart II of part B of title 
XIX of the Public Health Service Act (42 U.S.C. 300x-21 et seq.).''.
            (4) Conforming amendment.--Subsection (c) of section 225 of 
        such Act (42 U.S.C. 425(c)) is repealed.
            (5) <<NOTE: 42 USC 405 note.>>  Effective dates.--
                    (A) The amendments made by paragraphs (1) and (4) 
                shall apply to any individual who applies for, or whose 
                claim is finally adjudicated by the Commissioner of 
                Social Security with respect to, benefits under title II 
                of the Social Security Act based on disability on or 
                after the date of the enactment of this Act, and, in the 
                case of any individual who has applied for, and whose 
                claim has been finally adjudicated by the Commissioner 
                with respect to, such benefits before such date of 
                enactment, such amendments shall apply only with respect 
                to such benefits for months beginning on or after 
                January 1, 1997.
                    (B) The amendments made by paragraphs (2) and (3) 
                shall apply with respect to benefits for which 
                applications are filed after the third month following 
                the month in which this Act is enacted.
                    (C) Within 90 days after the date of the enactment 
                of this Act, the Commissioner of Social Security shall 
                notify each individual who is entitled to monthly 
                insurance benefits under title II of the Social Security 
                Act based on disability for the month in which this Act 
                is enacted and whose entitlement to such benefits would 
                terminate by reason of the amendments made by this 
                subsection. If such an individual reapplies for benefits 
                under title II of such Act (as amended by this Act) 
                based on disability within 120 days after the date of 
                the enactment of this Act, the Commissioner of Social 
                Security shall, not later than January 1, 1997, complete 
                the entitlement redetermination (including a new medical 
                determination) with respect to such individual pursuant 
                to the procedures of such title.

    (b) Amendments Relating to SSI Benefits.--
            (1) In general.--Section 1614(a)(3) of the Social Security 
        Act (42 U.S.C. 1382c(a)(3)) is amended by adding at the end the 
        following:

    ``(I) Notwithstanding subparagraph (A), an individual shall not be 
considered to be disabled for purposes of this title if alcoholism or 
drug addiction would (but for this subparagraph) be a contributing 
factor material to the Commissioner's determination that the individual 
is disabled.''.
            (2) Representative payee requirements.--
                    (A) Section 1631(a)(2)(A)(ii)(II) of such Act (42 
                U.S.C. 1383(a)(2)(A)(ii)(II)) is amended to read as 
                follows:

[[Page 110 STAT. 854]]

    ``(II) In the case of an individual eligible for benefits under this 
title by reason of disability, the payment of such benefits shall be 
made to a representative payee if the Commissioner of Social Security 
determines that such payment would serve the interest of the individual 
because the individual also has an alcoholism or drug addiction 
condition (as determined by the Commissioner) and the individual is 
incapable of managing such benefits.''.
                    (B) Section 1631(a)(2)(B)(vii) of such Act (42 
                U.S.C. 1383(a)(2)(B)(vii)) is amended by striking 
                ``eligible for benefits'' and all that follows through 
                ``is disabled'' and inserting ``described in 
                subparagraph (A)(ii)(II)''.
                    (C) Section 1631(a)(2)(B)(ix)(II) of such Act (42 
                U.S.C. 1383(a)(2)(B)(ix)(II)) is amended by striking all 
                that follows ``15 years, or'' and inserting ``described 
                in subparagraph (A)(ii)(II).''.
                    (D) Section 1631(a)(2)(D)(i)(II) of such Act (42 
                U.S.C. 1383(a)(2)(D)(i)(II)) is amended by striking 
                ``eligible for benefits'' and all that follows through 
                ``is disabled'' and inserting ``described in 
                subparagraph (A)(ii)(II)''.
            (3) Treatment referrals for individuals with an alcoholism 
        or drug addiction condition.--Title XVI of such Act (42 U.S.C. 
        1381 et seq.) is amended by adding at the end the following new 
        section:

    ``treatment referrals for individuals with an alcoholism or drug 
                           addiction condition

    ``Sec. 1636. <<NOTE: 42 USC 1383e.>>  In the case of any individual 
whose benefits under this title are paid to a representative payee 
pursuant to section 1631(a)(2)(A)(ii)(II), the Commissioner of Social 
Security shall refer such individual to the appropriate State agency 
administering the State plan for substance abuse treatment services 
approved under subpart II of part B of title XIX of the Public Health 
Service Act (42 U.S.C. 300x-21 et seq.).''.
            (4) Conforming amendments.--
                    (A) Section 1611(e) of such Act (42 U.S.C. 1382(e)) 
                is amended by striking paragraph (3).
                    (B) Section 1634 of such Act (42 U.S.C. 1383c) is 
                amended by striking subsection (e).
            (5) <<NOTE: 42 USC 1382 note.>>  Effective dates.--
                    (A) The amendments made by paragraphs (1) and (4) 
                shall apply to any individual who applies for, or whose 
                claim is finally adjudicated by the Commissioner of 
                Social Security with respect to, supplemental security 
                income benefits under title XVI of the Social Security 
                Act based on disability on or after the date of the 
                enactment of this Act, and, in the case of any 
                individual who has applied for, and whose claim has been 
                finally adjudicated by the Commissioner with respect to, 
                such benefits before such date of enactment, such 
                amendments shall apply only with respect to such 
                benefits for months beginning on or after January 1, 
                1997.
                    (B) The amendments made by paragraphs (2) and (3) 
                shall apply with respect to supplemental security income 
                benefits under title XVI of the Social Security Act for 
                which applications are filed after the third month 
                following the month in which this Act is enacted.

[[Page 110 STAT. 855]]

                    (C) Within 90 days after the date of the enactment 
                of this Act, the Commissioner of Social Security shall 
                notify each individual who is eligible for supplemental 
                security income benefits under title XVI of the Social 
                Security Act for the month in which this Act is enacted 
                and whose eligibility for such benefits would terminate 
                by reason of the amendments made by this subsection. If 
                such an individual reapplies for supplemental security 
                income benefits under title XVI of such Act (as amended 
                by this Act) within 120 days after the date of the 
                enactment of this Act, the Commissioner of Social 
                Security shall, not later than January 1, 1997, complete 
                the eligibility redetermination (including a new medical 
                determination) with respect to such individual pursuant 
                to the procedures of such title.
                    (D) For purposes of this paragraph, the phrase 
                ``supplemental security income benefits under title XVI 
                of the Social Security Act'' includes supplementary 
                payments pursuant to an agreement for Federal 
                administration under section 1616(a) of the Social 
                Security Act and payments pursuant to an agreement 
                entered into under section 212(b) of Public Law 93-66.

    (c) Conforming Amendment.--Section 201(c) of the Social Security 
Independence and Program Improvements Act of 1994 (42 U.S.C. 425 note) 
is repealed.
    (d) Supplemental Funding for Alcohol and Substance Abuse Treatment 
Programs.--
            (1) In general.--Out of any money in the Treasury not 
        otherwise appropriated, there are hereby appropriated to 
        supplement State and Tribal programs funded under section 1933 
        of the Public Health Service Act (42 U.S.C. 300x-33), 
        $50,000,000 for each of the fiscal years 1997 and 1998.
            (2) Additional funds.--Amounts appropriated under paragraph 
        (1) shall be in addition to any funds otherwise appropriated for 
        allotments under section 1933 of the Public Health Service Act 
        (42 U.S.C. 300x-33) and shall be allocated pursuant to such 
        section 1933.
            (3) Use of Funds.--A State or Tribal government receiving an 
        allotment under this subsection shall consider as priorities, 
        for purposes of expending funds allotted under this subsection, 
        activities relating to the treatment of the abuse of alcohol and 
        other drugs.

SEC. 106. <<NOTE: 42 USC 402 note.>>  PILOT STUDY OF EFFICACY OF 
            PROVIDING INDIVIDUALIZED INFORMATION TO RECIPIENTS OF OLD-
            AGE AND SURVIVORS INSURANCE BENEFITS.

    (a) In General.--During a 2-year period beginning as soon as 
practicable in 1996, the Commissioner of Social Security shall conduct a 
pilot study of the efficacy of providing certain individualized 
information to recipients of monthly insurance benefits under section 
202 of the Social Security Act, designed to promote better understanding 
of their contributions and benefits under the social security system. 
The study shall involve solely beneficiaries whose entitlement to such 
benefits first occurred in or after 1984 and who have remained entitled 
to such benefits for a continuous period of not less than 5 years. The 
number of such recipients involved in the study shall be of sufficient 
size to generate a statistically

[[Page 110 STAT. 856]]

valid sample for purposes of the study, but shall not exceed 600,000 
beneficiaries.
    (b) Annualized Statements.--During the course of the study, the 
Commissioner shall provide to each of the beneficiaries involved in the 
study one annualized statement, setting forth the following information:
            (1) an estimate of the aggregate wages and self-employment 
        income earned by the individual on whose wages and self-
        employment income the benefit is based, as shown on the records 
        of the Commissioner as of the end of the last calendar year 
        ending prior to the beneficiary's first month of entitlement;
            (2) an estimate of the aggregate of the employee and self-
        employment contributions, and the aggregate of the employer 
        contributions (separately identified), made with respect to the 
        wages and self-employment income on which the benefit is based, 
        as shown on the records of the Commissioner as of the end of the 
        calendar year preceding the beneficiary's first month of 
        entitlement; and
            (3) an estimate of the total amount paid as benefits under 
        section 202 of the Social Security Act based on such wages and 
        self-employment income, as shown on the records of the 
        Commissioner as of the end of the last calendar year preceding 
        the issuance of the statement for which complete information is 
        available.

    (c) Inclusion With Matter Otherwise Distributed to Beneficiaries.--
The Commissioner shall ensure that reports provided pursuant to this 
section are, to the maximum extent practicable, included with other 

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