[Congressional Record Volume 140, Number 17 (Thursday, February 24, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]
[Congressional Record: February 24, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
A PERIODIC UPDATE ON MILITARY-STYLE ASSAULT WEAPONS
Mrs. FEINSTEIN. Mr. President, last November the U.S. Senate
considered and passed legislation to ban the sale, possession, and
future manufacture of 19 semiautomatic assault weapons and their
copycat versions. In addition, the legislation would ban ammunition
devices that hold more than 10 rounds and specifically protect more
than 670 guns used only for hunting and recreational purposes.
It made me proud to serve in the U.S. Senate when this body approved
the amendment by a vote of 56 to 43. We did the right thing.
However, the House has not yet acted on the crime bill or on
legislation to ban military-style assault weapons from the streets of
America.
Beginning today, I would like to take the opportunity to periodically
update the Senate on crimes that are being perpetrated on the streets
of America with the very weapons that the Senate's legislation aims to
stop. Some people feel that semiautomatic assault weapons are not
really responsible for much crime in America. In fact, that picture is
changing. So just as others comment regularly on issues of their
concern, I am going to comment regularly on crimes taking place that
are perpetrated with semiautomatic assault weapons, and on the people
bearing those weapons of war.
The Atlanta Constitution found in a 1989 study that, although assault
weapons make up only 2 to 3 percent of all guns owned by Americans,
they show up in 30 percent of all firearms traced to organized crime,
gun trafficking, and terrorism.
More recent statistics show that the number of assault weapons traced
to all kinds of gun crime is also disproportionately large.
According to the Bureau of Alcohol, Tobacco and Firearms:
Of the 55,665 crime guns traced by ATF in 1993, 5,397--roughly 10
percent--were assault weapons.
The most popular: the AK-47, the Intratec TEC-9, the Colt AR-15, and
the MAC SM10, SM11, and M11.
As uncommitted House Members continue to ponder this issue, the
staccato of assault weapon gunfire continues to be heard across
America--shattering bodies and families from California to New
Hampshire by way of Texas, Louisiana, Minnesota, Georgia, and New York.
Mr. President, let me describe just a few incidents from just the
last 4 months, and ask unanimous consent that a table of these and
other incidents be printed in the Record immediately following my
remarks.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
(See exhibit 1).
On October 25 in Indianapolis, IN, a 16-year-old girl was killed, and
a 7-year-old boy was shot in his apartment, after more than 50 rounds
of AK-47 gunfire ripped through a housing project in a retaliatory gang
shooting.
On October 30 in El Cajon, CA, a child-hating sniper used a Colt AR-
15 to kill a woman, a 9-year-old child, and wound five others in a
parking lot;
On November 1 in Newbury, NH, a man with a grudge and a replica of a
Tommy gun murdered two people and wounded a third in an attack on a tax
collector's office.
That same day in Houston, TX, a teenage boy was slain by an AK-47 at
a Halloween party by rival gang members.
On November 23 in New Orleans, a jealous husband used an AK-47 and a
MAC-11 to kill four: twin 4-month-old girls sleeping in their cribs, if
you can believe it, their 8-year-old sister, and their mother. He also
wounded their 10-year-old brother before committing suicide.
On December 17 in Hugo, OK, a grievance killer with a MAK-90 assault
rifle, purchased in a pawn shop, opened fire on holiday shoppers in a
Wal-Mart parking lot, killing two and wounding three others. And it
goes on.
On December 30 in Dekalb County, GA, a grandmother was shot twice in
the abdomen by her 13-year-old step-granddaughter wielding a MAC-11,
hidden by the girl under her grandmother's bed for that purpose.
On January 17 in St. Paul, MN, a 17-year-old used an AK-47 to shoot
and kill another teenager in a dispute over a stolen stereo.
I hope that it is not lost that the military style assault weapon is
becoming the gun of choice for children.
On January 29 in Buffalo, NY, a 16-year-old and his 14-year-old
accomplice carjacked a vehicle, ``persuading'' the driver to hand over
the keys with an AK-47.
On January 31 in Seattle, WA, a teacher was shot in the back and
killed by a former student armed with an AR-15 on school grounds.
On February 7, just a few weeks ago, in Minneapolis, MN, a fugitive
from a Detroit murder investigation was apprehended with a small
arsenal of assault weapons, including a Colt AR-15.
Just last week, on February 14 in the community of Rancho Palos
Verdes, a masked gunman wearing a bullet proof vest burst unannounced
into a hotel meeting room where a police management seminar was taking
place.
Before being subdued by other policemen, the gunman fired several
times with a semiautomatic handgun. This was just a semiautomatic
handgun. He killed two police officers--Captain Michael Tracy, 50, and
Sergeant Vernon Thomas Vanderpool, 57. But then what did the police
find?
Police recovered an Uzi carbine assault rifle from the gunman's car--
and found a Colt AR-15 assault rifle that had been illegally converted
to fully automatic mode in the gunman's home. Imagine the mass
destruction that would have occurred had the gunman used either of
these assault weapons in that small conference room.
And just 2 days ago, in an early morning ambush, assault weapons took
yet another life.
This time it was the 45-year-old mother of two.
She was the oldest rookie in her class at the Los Angeles Police
Academy. Her father was a retired detective. And recently, Christy Lynn
Hamilton's classmates in the Los Angeles Police Academy voted her the
most inspirational new officer in one of the largest police departments
of this Nation--an honor named after the only policewoman, up to then,
to have died in the line of duty. Tragically, on Tuesday, 4 days after
graduating from the Police Academy, Hamilton became the second woman in
LAPD history to give her life on the job.
She was shot and killed Tuesday morning with a semiautomatic
military-style assault weapon when she was one of the first officers to
respond to a call from a woman in Northridge--just where the earthquake
took place--who reported that a family member had a gun.
The 17-year-old gunman--again, 17-year-old--had already killed his
father, who had simply asked him to turn down his stereo. Armed with a
Colt AR-15 semiautomatic assault rifle, he ambushed the police officers
when they arrived at his home and opened fire at 1:20 in the morning.
Officer Hamilton had come prepared and well trained. She wore a
bullet-proof vest. She crouched behind her police car's door, as she
had been trained to do. The bullet that killed her, however, tore
through the car door, passed through her arm, skirted the armhole of
her vest, and lodged in her chest. She was pronounced dead at
Northridge Hospital an hour later.
This is a clear example of how police all across this Nation are
simply being outgunned by grievance killers, drive-by shooters, and
assassins.
Let me briefly describe the Colt AR-15 that killed officer Christy
Hamilton. It is a semiautomatic copy of the M-16, which has served as
the standard rifle of the U.S. Armed Forces and many other countries'
armies around the world. Several million automatic, and several hundred
thousand semiautomatic, copies of this gun have been produced over the
last 30 years. At least one version has a collapsible stock that
facilitates ``concealability.''
Now I ask you, should this weapon, the civilian model of a military
gun designed and used to kill large numbers of people in close combat,
be available legally over the counter, as it is in many States across
the Nation? I believe that the answer is clearly ``No,'' and that it is
time to stop the flow of these weapons to the streets of America once
and for all.
I know that every Member of this Senate extends their deepest
sympathy to the family, friends, and coworkers of Christy Hamilton. It
is true, the most dangerous job in the world today is being a police
officer in a major city. In fact, the Los Angeles metropolitan area has
lost eight police officers in just the last year, alone--all killed in
the line of duty.
Officer Hamilton's murder, and the dozen other recent assault weapon
incidents that I described earlier, make one thing very clear.
Nobody should say that semiautomatic assault weapons are not killing
people. Nobody should say that these guns are not increasingly being
used by young people throughout this Nation. And nobody should say that
these guns do not figure in crime in America, because they do.
Mr. President, I am hopeful that--like the Senate--the House of
Representatives will pass legislation to stop the future manufacture of
assault weapons. The President has said that he fully supports such a
measure and will sign one. I believe that Congress owes it to Officer
Christy Hamilton, every other victim of an assault weapon, and to the
American public who overwhelmingly support such a bill, to give the
President that opportunity.
I thank you, Mr. President, and I yield the floor.
There being no objection, the table was ordered to be printed in the
Record, as follows:
ASSAULT WEAPON INCIDENTS
[Partial Listing]
----------------------------------------------------------------------------------------------------------------
Date Location Gun(s) Incident
----------------------------------------------------------------------------------------------------------------
Oct. 25, 1993......... Indianapolis, IN..... AK-47................ Retaliatory gang shooting kills teen 50-
shot fusillade and wounds 7 year-old
watching TV at home.
Oct. 26, 1993......... Waterbury, CT........ TEC-9................ Botched drive-by shooting leads to 10 mile
high-speed police chase.
Oct. 30, 1993......... El Cajon, CA......... AR-15................ ``Child-hating'' sniper kills woman and 9
year-old child in parking lot; wounds 5
others.
Nov. 1, 1993.......... Newbury, NH.......... 1927A-1.............. Grievance killer slays 2 and wounds a
third in attack on tax collector's office
with ``Tommy'' gun replica.
Nov. 1, 1993.......... Houston, TX.......... AK-47................ Teenage boy killed at Halloween party by
rival gang members.
Nov. 23, 1993......... New Orleans, LA...... AK-47, MAC-11........ Jealous husband kills 4 month-old twin
girls in crib, 8 year-old sister, and
their mother before wounding children's
10 year-old brother in the head and
committing suicide.
Dec. 17, 1993......... Hugo, OK............. MAK-90............... Two killed and 3 wounded in Wal-Mart
parking lot attack with AK-47 rifle
variation.
Dec. 30, 1993......... Dekalb County, GA.... MAC-11............... A 13 year-old girl intentionally wounds
her step-grandmother with two shots to
the abdomen.
Jan. 23, 1994......... St. Paul, MN......... AK-47................ 17 year-old kills another teen in dispute
over stolen stereo.
Jan. 29, 1994......... Buffalo, NY.......... AK-47................ A 16 year-old and his 14 year-old
accomplice commit carjacking.
Jan. 31, 1994......... Seattle, WA.......... AR-15................ Teacher killed in early morning ambush on
middle school grounds.
Feb. 7, 1994.......... Minneapolis, MN...... AR-15................ Fugitive from Detroit murder investigation
apprehended with small arsenal.
Feb. 14, 1994......... Torrance, CA......... Uzi, AR-15........... Car and home of masked killer of 2 police
officers at motivational seminar yield,
respectively, Uzi carbine and AR-15
illegally modified to fire as fully-
automatic machine gun.
Feb. 22, 1994......... Los Angeles, CA...... AR-15................ Drug-abusing 17 year-old kills LAPD rookie
in 4th day on job, and his father, with
gun from father's collection; fatal
bullet passed through police car door and
part of officer's ``bullet-proof'' vest;
officers from three cars pinned down by
hail of bullets.
----------------------------------------------------------------------------------------------------------------
H_______________________________________
REFORM OF THE SOCIAL SECURITY DISABILITY PROGRAM
Mr. COHEN. Mr. President, yesterday, I, along with Senators Dole,
Kassebaum, Domenici, Thurmond, Kohl, Lugar, Chafee, Warner, Grassley,
Stevens, and Bennett, introduced legislation to stop the flow of
millions of Federal dollars into the hands of illegal drug users, many
of whom are simply using the money to turn around and buy either more
drugs or alcohol.
It is our intent to reform the Supplemental Security Income and
Social Security Disability Program so as to encourage the actual
treatment of those who are addicted to either alcohol or drugs, to get
tough on those who manipulate the system, and to send a very strong
message that the Federal Government no longer is going to be handing
out checks to drug dealers, addicts, and others who are not seriously
dedicated to helping themselves through the path of rehabilitation.
To explain the dimensions of the problem, currently, under
Supplemental Security Income--or SSI--our and Social Security
disability systems, there are roughly 250,000 known addicts and
alcoholics. Of those 250,000, only 78,000 are required to seek
treatment for rehabilitation from their particular addiction.
Of those 78,000, only approximately 9 percent are known by the Social
Security Administration to be receiving treatment. So, in essence, out
of the 250,000, only about 3 percent are known to be seeking treatment
for their particular addiction.
The word on the street is that the Social Security disability
programs are an easy source of cash for drugs and alcohol and that once
the Government checks start to flow, the Government rarely, if ever,
checks up to see if the addict is going to treatment or to be sure that
the benefits are not being used to buy more drugs. This, in essence,
means that out of the $1.4 billion in benefits going to addicts and
alcoholics, $1.1 billion is being paid without any supervision or
monitoring on the part of the Federal Government.
What is clear is that tax dollars are being used to support illegal
drug habits. I will give you one example.
Earlier this month, a drug bust took place in Williamsport, PA. It
netted at least 28 packets of cocaine with a cutting agent for mixing
cocaine, along with direct deposit receipts from Social Security
disability checks. According to the local district attorney, two of the
three suspects allegedly had been receiving Social Security benefits
for their drug addictions but were not in any treatment program.
We also found, after a year-long investigation, conducted by the
minority staff of the Senate Aging Committee, that in some cases, over
$20,000 is being paid in lump-sum benefits to drug addicts and
alcoholics. Many of these recipients are taking that $20,000 check and
spending the money on drugs and alcohol, resulting in very dangerous
consequences, including even death, to the claimants. Even when the
benefits are paid to a third party, the money often finds its way back
into the hands of the addicts or into a local bar or drug house.
I will give you another rather outrageous example, Mr. President. A
liquor store owner in Denver was selected by the Social Security
Administration to serve as a ``responsible representative payee'' for
40 alcoholics. He received $160,000 a year from the Government to, in
essence, run a tab for them. Under the Social Security Supplemental
Income Program, those individuals who are addicted are required, number
one, to seek treatment, and they are also required to have a
representative payee. In this particular case, and quite a few others,
the representative payees are either drug addicts themselves, or
bartenders who are running tabs of $160,000 a year.
Something is wrong with the system because the message is, right now:
Show us that you are a hardcore drug addict and the Government is going
to pay you, and as long as you continue to either shoot up or drink up,
the money is going to keep coming. Then, even if you tell us you are
breaking the law to get your drugs, we are going to pay you. And
finally, once we start the checks, they will probably never stop
coming.
One of the other most most graphic cases of abuse that I can point to
is that some of the addicts are, in fact, engaged in the sale of drugs
in order to continue to feed their habit. For example, as I indicated
when I offered an amendment to the emergency supplemental
appropriations bill just about 10 days ago, the ninth circuit recently
ruled that a drug dealer was entitled to receive SSI benefits because
his drug dealing was not ``substantial gainful activity.'' Under
current SSA rules, an applicant is not eligible for benefits if he or
she engages in substantial gainful activity.
The Ninth Circuit Court of Appeals found the drug dealer eligible
for benefits--which could have amounted to a $19,500 lump sum payment
plus monthly benefits.
The court reasoned that because he really only worked at dealing
drugs for about 20 minutes a day, he was not engaged in substantial
gainful activity. In other words, because it took only 20 minutes and
he was not initiating the deals, but they were coming in to him, no
heavy lifting was involved. Therefore, that individual was allowed to
continue to receive disability insurance payments for his addiction at
a time when he admittedly was engaged in the sale of illegal drugs.
Something is wrong with this system.
Far from proposing reform, which is considered to be heartless, what
we want to do is reform the system to help those who are in fact
addicted, get the treatment they need and deserve and stop feeding a
system whereby the money is simply going into a bottle or into a
needle.
Psychiatrists and drug abuse counselors have told us that the laxity
in the current system violates the basic rules of drug and alcohol
treatment: Never give cash to an addict. It is like giving him or her a
key to the medicine cabinet.
Let me point to a chart, Mr. President. This chart shows the dramatic
increase in those who are now going on to the rolls for addiction. From
1989 to 1990, we saw 22,634 new addicts added to the rolls, another
29,429 in 1990, another 38,686 in 1991, and another 58,045 in 1992. We
have seen a 150 percent increase in the number of addicts going on the
rolls just in the last 4 years, and yet most are not receiving the
treatment that is required.
What we seek to do in this legislation is to stop the cash from
flowing into the pockets of drug dealers and into the veins of drug
addicts. Specifically, the bill would do the following. It would
require that any individual who received disability benefits must
undergo appropriate treatment for substance abuse if it is available.
It sets up a strict disability review process for those whose
disability is based on substance abuse. It requires representative
payees for substance abuse recipients to be Government agencies or
other nonprofit agencies or facilities that will not be subject to
coercion or manipulation by the substance abusers. It requires that
lump sum benefits payable to abusers on SSI or SSDI be paid to a
representative payee--again, a Government or nonprofit agency. It
requires the establishment of an agency to monitor treatment in each
State, and it requires that any proceeds derived from criminal activity
to support substance abuse shall be considered to be substantial
gainful activity.
Mr. President, the amendment that I offered 10 days ago to the
emergency supplemental was accepted by unanimous vote. It was dropped
in the House-Senate conference. Apparently, the House conferees wanted
the opportunity to take up legislation of their own in a more
comprehensive fashion. In the meantime, millions of dollars continue to
flow to drug abusers and alcoholics who are not getting treatment. We
would put a stop to that.
It toughens penalties for fraudulent statements or misrepresentations
made by applicants or recipients to obtain SSI or disability insurance
benefits and by others who assist in such fraudulent activities. The
Secretary of Health and Human Services is also given authority to
exclude from all HHS programs anyone who defrauds the disability
system.
Mr. President, far from abandoning substance abusers, this proposal
stresses treatment and rehabilitation, and it closes the loopholes in
the system that now invite abuse. Right now, the program is failing
both taxpayers and substance abusers. We need to protect both.
Mr. President, I cannot urge my colleagues enough to focus on this
problem. It seems to me that we are absolutely doing a disservice to
the people who are addicted and to the taxpayers who are helping to
support them. This legislation would apply to SSDI as well as SSI
disability programs because, Mr. President, we are told the disability
insurance fund will run dry next year. It will then have to turn to the
Social Security Retirement Trust Fund to be replenished. If we are
going to do that, we have to assure the American taxpayers that their
money is being spent for the purpose for which it is intended--
rehabilitation and treatment--and not more booze and not more drugs.
I thank the Chair and request unanimous consent that the text of the
bill be included at the conclusion of my remarks.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. --
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security Disability
and Rehabilitation Act of 1994''.
SEC. 2. REFORM OF MONTHLY INSURANCE BENEFITS BASED ON
DISABILITY INVOLVING SUBSTANCE ABUSE.
(a) Social Security Disability Insurance.--
(1) In general.--Section 223 of the Social Security Act (42
U.S.C. 423) is amended by adding at the end the following new
subsection:
``Limitation on Payment of Benefits by Reason of Substance Abuse
``(j)(1)(A) Notwithstanding any other provision of this
title, no individual whose disability is based in whole or in
part on a medical determination that the individual is a drug
addict or alcoholic shall be entitled to benefits under this
title based on such disability with respect to any month,
unless such individual--
``(i) is undergoing, or on a waiting list for, any medical
or psychological treatment that may be appropriate for such
individual's condition as a drug addict or alcoholic (as the
case may be) and for the stage of such individual's
rehabilitation at an institution or facility approved for
purposes of this paragraph by the Secretary (so long as
access to such treatment is reasonably available, as
determined by the Secretary), and
``(ii) demonstrates in such manner as the Secretary
requires, including at a continuing disability review not
later than one year after such determination, that such
individual is complying with the terms, conditions, and
requirements of such treatment and with the requirements
imposed by the Secretary under subparagraph (B).
``(B) The Secretary shall provide for the monitoring and
testing of all individuals who are receiving benefits under
this title and who as a condition of such benefits are
required to be undergoing treatment and complying with the
terms, conditions, and requirements thereof as described in
subparagraph (A), in order to assure such compliance and to
determine the extent to which the imposition of such
requirements is contributing to the achievement of the
purposes of this title. The Secretary may retain jurisdiction
in the case of a hearing before the Secretary under this
title to the extent the Secretary determines necessary to
carry out the preceding sentence. The Secretary shall
annually submit to the Congress a full and complete report on
the Secretary's activities under this paragraph.
``(C) The representative payee and the referral and
monitoring agency for any individual described in
subparagraph (A) shall report to the Secretary any
noncompliance with the terms, conditions, and requirements of
the treatment described in subparagraph (A) and with the
requirements imposed by the Secretary under subparagraph (B).
``(D)(i) If the Secretary finds that an individual is not
complying with the terms, conditions, and requirements of the
treatment described in subparagraph (A), or with the
requirements imposed by the Secretary under subparagraph (B),
or both, the Secretary, in lieu of termination, may suspend
such individual's benefits under this title until compliance
has been reestablished, including compliance with any
additional requirements determined to be necessary by the
Secretary.
``(ii) Any period of suspension under clause (i) shall be
taken into account in determining any 24-month period
described in subparagraph (E) and shall not be taken into
account in determining the 36-month period described in such
subparagraph.
``(E)(i) Except as provided in clause (ii), no individual
described in subparagraph (A) shall be entitled to benefits
under this title for any month following the 24-month period
beginning with the determination of the disability described
in such subparagraph.
``(ii) If at the end of the 24-month period described in
clause (i), the individual furnishes evidence in accordance
with subsection (d)(5) that the individual continues to be
under a disability based in whole or in part on a medical
determination that the individual is a drug addict or
alcoholic, such individual shall continue to be entitled to
benefits under this title based on such disability.
``(iii) Subject to clause (iv), if such an individual
continues to be entitled to such benefits for an additional
24-month period following a determination under clause (ii),
clauses (i) and (ii) shall apply with regard to any further
entitlement to such benefits following the end of such
additional period.
``(iv) In no event shall such an individual be entitled to
benefits under this title for more than a total of 36 months,
unless upon the termination of the 36th month such individual
furnishes evidence in accordance with subsection (d)(5) that
the individual is under a disability which is not related in
part to a medical determination that the individual is a drug
addict or alcoholic.
``(2)(A) Any benefits under this title payable to any
individual referred to in paragraph (1), including any
benefits payable in a lump sum amount, shall be payable only
pursuant to a certification of such payment to a qualified
organization acting as a representative payee of such
individual pursuant to section 205(j).
``(B) For purposes of subparagraph (A) and section
205(j)(4), the term `qualified organization'--
``(i) shall have the meaning given such term by section
205(j)(4)(B), and
``(ii) shall mean an agency or instrumentality of a State
or a political subdivision of a State.
``(3) Monthly insurance benefits under this title which
would be payable to any individual (other than the disabled
individual to whom benefits are not payable by reason of this
subsection) on the basis of the wages and self-employment
income of such a disabled individual but for the provisions
of paragraph (1), shall be payable as though such disabled
individual were receiving such benefits which are not payable
under this subsection.''
(2) Conforming amendments.--
(A) Section 205(j)(1) of such Act (42 U.S.C. 405(j)(1)) is
amended by inserting '', or in the case of any individual
referred to in section 223(j)(1)(A)'' after ``thereby''.
(B) Section 205(j)(2)(D)(ii)(II) of such Act (42 U.S.C.
405(j)(2)(D)(ii)(II)) is amended by striking ``legally
incompetent or under the age of 15'' and inserting ``legally
incompetent, under the age of 15, or a drug addict or
alcoholic referred to in section 223(j)(1)(A)''.
(b) Supplemental Security Income.--Paragraph (3) of section
1611(e) of the Social Security Act (42 U.S.C. 1382(e)) is
amended to read as follows:
``(3)(A)(i) No person who is an aged, blind, or disabled
individual solely by reason of disability (as determined
under section 1614(a)(3)) shall be an eligible individual or
eligible spouse for purposes of this title with respect to
any month if such individual's disability is based in whole
or in part on a medical determination that the individual is
a drug addict or alcoholic, unless such individual--
``(I) is undergoing, or on a waiting list for, any medical
or psychological treatment that may be appropriate for such
individual's condition as a drug addict or alcoholic (as the
case may be) and for the stage of such individual's
rehabilitation at an institution or facility approved for
purposes of this paragraph by the Secretary (so long as
access to such treatment is reasonably available, as
determined by the Secretary), and
``(II) demonstrates in such manner as the Secretary
requires, including at a continuing disability review not
later than one year after such determination, that such
individual is complying with the terms, conditions, and
requirements of such treatment and with the requirements
imposed by the Secretary under clause (ii).
``(ii) The Secretary shall provide for the monitoring and
testing of all individuals who are receiving benefits under
this title and who as a condition of such benefits are
required to be undergoing treatment and complying with the
terms, conditions, and requirements thereof as described in
clause (i), in order to assure such compliance and to
determine the extent to which the imposition of such
requirements is contributing to the achievement of the
purposes of this title. The Secretary may retain jurisdiction
in the case of a hearing before the Secretary under this
title to the extent the Secretary determines necessary to
carry out the preceding sentence. The Secretary shall
annually submit to the Congress a full and complete report on
the Secretary's activities under this subparagraph.
``(iii) The representative payee and the referral and
monitoring agency for any individual described in clause (i)
shall report to the Secretary any noncompliance with the
terms, conditions, and requirements of the treatment
described in clause (i) and with the requirements imposed by
the Secretary under clause (ii).
``(iv)(I) If the Secretary finds that an individual is not
complying with the terms, conditions, and requirements of the
treatment described in clause (i), or with the requirements
imposed by the Secretary under clause (ii), or both, the
Secretary, in lieu of termination, may suspend such
individual's benefits under this title until compliance has
been reestablished, including compliance with any additional
requirements determined to be necessary by the Secretary.
``(II) Any period of suspension under subclause (I) shall
be taken into account in determining any 24-month period
described in clause (v) and shall not be taken into account
in determining the 36-month period described in such clause.
``(v)(I) Except as provided in subclause (II), no
individual described in clause (i) shall be entitled to
benefits under this title for any month following the 24-
month period beginning with the determination of the
disability described in such clause.
``(II) If at the end of the 24-month period described in
subclause (I), the individual furnishes evidence in
accordance with section 223(d)(5) that the individual
continues to be under a disability based in whole or in part
on a medical determination that the individual is a drug
addict or alcoholic, such individual shall be entitled to
benefits under this title based on such disability.
``(III) Subject to subclause (IV), if such an individual
continues to be entitled to such benefits for an additional
24-month period following a determination under subclause
(II), subclauses (I) and (II) shall apply with regard to any
further entitlement to such benefits following the end of
such additional period.
``(IV) In no event shall such an individual be entitled to
benefits under this title for more than a total of 36 months,
unless upon the termination of the 36th month such individual
furnishes evidence in accordance with section 223(d)(5) that
the individual is under a disability which is not related in
part to a medical determination that the individual is a drug
addict or alcoholic.
``(B)(i) Any benefits under this title payable to any
individual referred to in subparagraph (A), including any
benefits payable in a lump sum amount, shall be payable only
pursuant to a certification of such payment to a qualified
organization acting as a representative payee of such
individual pursuant to section 1631(a)(2)(A)(ii).
``(ii) For purposes of clause (i) and section
1631(a)(2)(D), the term `qualified organization'--
``(I) shall have the meaning given such term by section
1631(a)(2)(D)(ii), and
``(II) shall mean an agency or instrumentality of a State
or a political subdivision of a State.''
(c) Effective Dates; Authorizations.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to benefits
payable for determinations of disability made 90 or more days
after the date of the enactment of this Act.
(2) Current determinations.--
(A) In general.--With respect to any individual described
in subparagraph (B), the Secretary of Health and Human
Services shall provide during the 3-year period beginning
after the date of the enactment of this Act for the
application of the amendments made by this section to such
individual with the time periods described in such amendments
to begin upon such application.
(B) Individual described.--An individual is described in
this subparagraph if such individual is entitled to benefits
under title II or XVI of the Social Security Act based on a
disability determined before the date described in paragraph
(1) to be based in whole or in part on a medical
determination that the individual is a drug addict or
alcoholic.
(3) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
the purposes of the provisions of, and the amendments made
by, this section.
SEC. 3. PRIORITY OF TREATMENT.
The Secretary of Health and Human Services, through the
Administrator of the Substance Abuse and Mental Health
Services Administration, shall assure that every individual
receiving disability benefits under title II or XVI of the
Social Security Act based in whole or in part on a medical
determination that the individual is a drug addict or
alcoholic be given high priority for treatment through
entities supported by the various States through any
substance abuse block grant authorized under law.
SEC. 4. ESTABLISHMENT OF REFERRAL MONITORING AGENCIES
REQUIRED IN ALL STATES.
The Secretary of Health and Human Services shall, within 1
year of the date of the enactment of this Act, provide for
the establishment of referral and monitoring agencies for
each State for the purpose of carrying out the treatment
requirements under sections 223(j)(1) and 1611(e)(3)(A) of
the Social Security Act (42 U.S.C. 423(j)(1) and
1382(e)(3)(A)).
SEC. 5. PROCEEDS FROM CERTAIN CRIMINAL ACTIVITIES CONSTITUTE
SUBSTANTIAL GAINFUL EMPLOYMENT.
(a) Social Security Disability Insurance.--Section
223(d)(4) of the Social Security Act (42 U.S.C. 423(d)(4)) is
amended by inserting the following after the first sentence:
``If an individual engages in a criminal activity to support
substance abuse, any proceeds derived from such activity
shall demonstrate such individual's ability to engage in
substantial gainful activity.''.
(b) Supplemental Security Income.--Section 1614(a)(3)(D) of
the Social Security Act (42 U.S.C. 1382(a)(3)(D)) is amended
by inserting the following after the first sentence: ``If an
individual engages in a criminal activity to support
substance abuse, any proceeds derived from such activity
shall demonstrate such individual's ability to engage in
substantial gainful activity.''.
(c) Effective Date.--The amendments made by this section
shall apply to disability determinations conducted on or
after the date of the enactment of this Act.
SEC. 6. CONSISTENT PENALTY PROVISIONS FOR SSDI AND SSI
PROGRAMS.
(a) Felony Penalties for Fraud.--
(1) In general.--Subsection (a) of section 1631 of the
Social Security Act (42 U.S.C. 1383a) is amended by striking
``shall be guilty of a misdemeanor and upon conviction
thereof shall be fined not more than $1,000 or imprisoned for
not more than one year, or both'' and inserting ``shall be
guilty of a felony and upon conviction thereof shall be fined
under title 18, United States Code, or imprisoned for not
more than five years, or both''.
(2) Representative payees.--
(A) Ssdi.--Subsections (b) and (c) of section 208 of such
Act (42 U.S.C. 408) are amended to read as follows:
``(b)(1) Any person or other entity who is convicted of a
violation of any of the provisions of this section, if such
violation is committed by such person or entity in his role
as, or in applying to become, a certified payee under section
205(j) on behalf of another individual (other than such
person's spouse or an entity described in section
223(j)(2)(B)(ii)), shall be guilty of a felony and upon
conviction thereof shall be fined under title 18, United
States Code, or imprisoned for not more than five years, or
both.
``(2) In any case in which the court determines that a
violation described in paragraph (1) includes a willful
misuse of funds by such person or entity, the court may also
require that full or partial restitution of such funds be
made to the individual for whom such person or entity was the
certified payee.
``(3) Any person or entity convicted of a felony under this
section or under section 1632(b) may not be certified as a
payee under section 205(j).
``(c) For the purpose of subsection (a)(7), the terms
`social security number' and `social security account number'
mean such numbers as are assigned by the Secretary under
section 205(c)(2) whether or not, in actual use, such numbers
are called social security numbers.''
(B) Ssi.--Subsection (b)(1) of section 1632 of such Act (42
U.S.C. 1383a) is amended by striking ``(other than such
person's spouse)'' and all that follows through the period
and inserting ``(other than such person's spouse or an entity
described in section 1611(e)(3)(B)(ii)(II)), shall be guilty
of a felony and upon conviction thereof shall be fined under
title 18, United States Code, or imprisoned for not more than
five years, or both.''
(b) Civil Administrative Penalties.--
(1) Ssdi.--Section 208 of the Social Security Act (42
U.S.C. 408) is amended by adding at the end the following new
subsections:
``(e) For administrative penalties for false claims and
statements with respect to which an individual or other
entity knows or has reason to know such falsity, see chapter
38 of title 31, United States Code.
``(f) In the case of the second or subsequent imposition of
an administrative or criminal penalty on any person or other
entity under this section, the Secretary may exclude such
person or entity from participation in any program under this
title and titles V, XVI, XVIII, and XX, and may direct that
such person or entity be excluded from any State health care
program (as defined in section 1128(h)) and any other Federal
program as provided by law.''
(2) Ssi.--
(A) In general.--Section 1632 of such Act (42 U.S.C. 1383a)
is amended by adding at the end the following new
subsections:
``(c) For administrative penalties for false claims and
statements with respect to which an individual or other
entity knows or has reason to know such falsity, see chapter
38 of title 31, United States Code.
``(d) In the case of the second or subsequent imposition of
an administrative or criminal penalty on any person or other
entity under this section, the Secretary may exclude such
person or entity from participation in any program under this
title and titles II, V, XVIII, and XX, and may direct that
such person or entity be excluded from any State health care
program (as defined in section 1128(h)) and any other Federal
program as provided by law.''
(B) Conforming amendment.--The heading for section 1632 of
such Act (42 U.S.C. 1383a) is amended by striking ``for
fraud''.
(c) Effective Date.--The amendments made by this section
shall be effective on or after the date of the enactment of
this Act.
The ACTING PRESIDENT pro tempore. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. HARKIN. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
____________________