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. <> ...
(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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