[Congressional Record Volume 142, Number 43 (Tuesday, March 26, 1996)]
[Senate]
[Pages S2860-S2861]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DORGAN:
  S. 1642. A bill to amend the Social Security Act to deny cash 
benefits to drug addicts and alcoholics, and for other purposes; to the 
Committee on Finance.


             the social security act amendment act of 1996

 Mr. DORGAN. Madam President, today, I introduce legislation 
for which there is broad bipartisan support. Many of my colleagues 
share my concern about monthly cash payments provided through the 
Supplemental Security Income [SSI] and Social Security Disability 
Insurance [SSDI] programs to people who are considered disabled solely 
because they are drug addicts and alcoholics. My bill would terminate 
cash benefits for these recipients of SSI and SSDI, and would instead 
provide treatment for their addictions.
  SSI was established in 1972 to provide cash benefits to needy 
disabled persons with limited resources. Most Americans would be 
surprised to learn that drug addiction and alcoholism can qualify a 
person to receive monthly cash benefits under this program.
  In fact, 135,000 people receive monthly SSI payments because they are 
alcoholics or drug addicts--148 of them in my own State of North 
Dakota. And this number is growing at a shocking pace.
  The number of addicts receiving monthly SSI benefits quadrupled in 
the last 4 years. Over 10 years, the percentage of SSI recipients who 
receive payments because of an addiction to drugs or alcohol increased 
from 0.3 percent of the caseload to more than 2 percent of the total 
caseload today--for an annual cost to taxpayers of about $630 million.
  To most Americans, this policy is wrong-headed. Substance abusers 
need treatment, not cash handouts from the Federal Government. The bill 
I am introducing today would address this problem by ending SSI and 
SSDI cash benefits for those for whom substance abuse is a material 
factor in their disability. Instead, drug addicts and alcoholics would 
be provided with access to quality treatment for their diseases.
  There is broad consensus that we must end cash benefits for substance 
abusers. The House and Senate voted to terminate SSI and SSDI for drug 
addicts and alcoholics when welfare reform legislation was considered. 
These provisions have now been attached to legislation to raise the 
Social Security earnings limit, which will soon be considered by the 
Senate.
  My bill is different from these proposals, however, because my bill 
would retain Medicaid eligibility and provide access to treatment for 
drug addicts and alcoholics.
  Under the current system, recipients are required to participate in 
treatment programs if they are available. However, quality programs 
often are not available or are not easily accessible to SSI and SSDI 
recipients. To make matters worse, the inspector general at the 
Department of Health and Human Services recently reported that the 
Social Security Administration does not know the treatment status of 
most SSI recipients and does not provide monitoring of the program.
  Access to quality treatment for drug addiction is not only an 
effective way to truly help chemically dependent Americans--it is also 
cost-effective. Experts testifying before the House Ways and Means 
Subcommittee on Human Resources recently pointed out that every dollar 
invested in treatment produced between $3 and $76 in health- and 
criminal justice related savings.
  These provisions of my bill ensure that  people  whose  primary  
disability is alcoholism or drug addiction will receive treatment 
instead of cash benefits to address their disability. In addition, my 
bill helps to ensure that people who have other disabilities but who 
also have a chemical addiction will use cash benefits in a way that is 
beneficial for their well-being.
  Under current law, SSI and SSDI cash payments to recipients whose 
principal disability is a chemical addiction are distributed through a 
representative payee, rather than directly to the recipient. This is 
intended to ensure that payments are used for the benefit of the 
recipient, rather than to further his or her disability. My bill 
extends that safeguard to any SSI or SSDI recipient who is chemically 
dependent if the recipient is incapable of managing his or her own 
benefits.
  I hope my colleagues will join me in cosponsoring this legislation so 
that we can underscore the importance of this issue. Cash assistance 
will not help alcoholics and drug addicts overcome their diseases, but 
quality treatment and medical care will.
  I ask unanimous consent that the entire text of the bill be printed 
in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1642

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

     SECTION 1. DENIAL OF CASH BENEFITS TO DRUG ADDICTS AND 
                   ALCOHOLICS.

       (a) Amendments Relating to Title II Disability Benefits.--
       (1) In general.--Section 225(c) of the Social Security Act 
     (42 U.S.C. 425(c)) is amended--
       (A) by striking ``(c)(1)(A)'' and inserting ``(2)(A)'';
       (B) by striking paragraph (7) and by redesignating 
     paragraphs (2) through (6) as paragraphs (3) through (7), 
     respectively; and
       (C) by inserting before paragraph (2) as redesignated by 
     subparagraph (A) the following new paragraph:
       ``(c)(1) No cash benefits shall be payable under this title 
     to any individual who is otherwise entitled to benefits under 
     this title based on disability, if such individual's 
     alcoholism or drug addiction is a contributing factor 
     material to the Commissioner's determination that such 
     individual is disabled.''.
       (2) Treatment requirements.--
       (A) Section 225(c)(2)(A) of such Act (42 U.S.C. 
     425(c)(2)(A)), as redesignated by paragraph (1), is amended 
     to read as follows:
       ``(2)(A)(i) Any individual who would be entitled to cash 
     benefits under this title but for the application of 
     paragraph (1) may elect to comply with the provisions of this 
     subsection.
       ``(ii) Any individual who is entitled to cash benefits 
     under this title by reason of disability (or whose 
     entitlement to such benefits is suspended), and who was 
     entitled to such benefits by reason of disability, for which 
     such individual's alcoholism or drug addiction was a 
     contributing factor material to the Commissioner's 
     determination that such individual was disabled, for the 
     month preceding the month in which this paragraph takes 
     effect, shall be required to comply with the provisions of 
     this subsection.''
       (B) Section 225(c)(2)(B) of such Act (42 U.S.C. 
     425(c)(2)(B)), as so redesignated, is amended--
       (i) by striking ``who is required under subparagraph (A)'' 
     and inserting ``described in clause (ii) of subparagraph (A) 
     who is required''; and
       (ii) by striking ``paragraph (3)'' and inserting 
     ``paragraph (4)''.
       (C) Section 225(c)(3)(A) of such Act (42 U.S.C. 
     425(c)(3)(A)), as so redesignated, is amended--
       (i) by striking ``paragraph (1)'' and inserting ``paragraph 
     (2)(A)''; and
       (ii) by striking ``paragraph (5)'' and inserting 
     ``paragraph (6)''.
       (D) Section 225(c)(3)(B) of such Act (42 U.S.C. 
     425(c)(3)(B)), as so redesignated, is amended by striking 
     ``paragraph (1)'' and inserting ``paragraph (2)(A)''.
       (E) Section 225(c)(5) of such Act (42 U.S.C. 425(c)(5)), as 
     so redesignated, is amended by striking ``paragraph (2)'' and 
     inserting ``paragraph (3)''.
       (F) Section 225(c)(6)(A) of such Act (42 U.S.C. 
     425(c)(6)(A), as so redesignated, is amended--
       (i) by striking ``who are receiving benefits under this 
     title and who as a condition of payment of such benefits'' 
     and inserting ``described in paragraph (2)(A)(i) who elect to 
     undergo treatment; and the monitoring and testing of all 
     individuals described in paragraph (2)(A)(ii) who'';
       (ii) by striking ``under paragraph (1)''; and
       (iii) by striking ``paragraph (2)(A)'' and inserting 
     ``paragraph (3)(A)''.
       (G) Section 225(c)(6)(C)(ii)(I) of such Act (42 U.S.C. 
     425(c)(6)(C)(ii)(I)), as so redesignated, is amended--
       (i) by striking ``residing in the State'' and all that 
     follows through ``they are disabled'' and inserting 
     ``described in paragraph (2)(A) residing in the State''; and
       (ii) by striking ``paragraph (2)(A)'' and inserting 
     ``paragraph (3)(A)''.

[[Page S2861]]

       (H) Section 225(c)(6)(C)(ii)(III) of such Act (42 U.S.C. 
     425(c)(6)(C)(ii)(III)), as so redesignated, is amended by 
     striking ``paragraph (2)(A)'' and inserting ``paragraph 
     (3)(A)''.
       (I) Section 225(c)(6)(C) of such Act (42 U.S.C. 
     425(c)(6)(C)), as so redesignated, is amended by adding at 
     the end the following:
       ``(iii) The monitoring requirements of clause (ii) shall 
     not apply in the case of any individual described in 
     paragraph (2)(A)(i) who fails to comply with the requirements 
     of paragraph (2).''.
       (J) Section 225(c)(7) of such Act (42 U.S.C. 425(c)(7)), as 
     so redesignated, is amended--
       (i) in subparagraph (A), by striking ``who is entitled'' 
     and all that follows through ``is under a disability'' and 
     inserting ``described in paragraph (2)(A)''; and
       (ii) in subparagraph (D), by striking ``(4) or (7)'' and 
     inserting ``(5)''.
       (K) Section 225(c)(8) of such Act (42 U.S.C. 425(c)(8)) is 
     amended by striking ``(1), (4) or (7)'' and inserting ``(2) 
     or (5)''.
       (L) Section 225(c) of such Act (42 U.S.C. 425(c)) is 
     amended by adding at the end the following new paragraphs:
       ``(10) The Commissioner shall provide appropriate 
     notification to each individual subject to the limitation on 
     cash benefits contained in paragraph (1) and the treatment 
     provisions contained in paragraph (2).
       ``(11) The requirements of paragraph (2) shall cease to 
     apply to any individual if the Commissioner determines that 
     such individual no longer needs treatment.''.
       (3) 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)''.
       (b) Amendments Relating to SSI Benefits.--
       (1) In general.--Section 1611(e)(3) of the Social Security 
     Act (42 U.S.C. 1382(e)(3)) is amended--
       (A) by striking ``(B)'' and inserting ``(C)'';
       (B) by striking ``(3)(A) and inserting ``(B)''; and
       (C) by inserting before subparagraph (B) as redesignated by 
     paragraph (2) the following new subparagraph:
       ``(3)(A) No cash benefits shall be payable under this title 
     to any individual who is otherwise eligible for benefits 
     under this title by reason of disability, if such 
     individual's alcoholism or drug addiction is a contributing 
     factor material to the Commissioner's determination that such 
     individual is disabled.''.
       (2) Treatment requirements.--
       (A) Section 1611(e)(3)(B)(i)(I) of such Act (42 U.S.C. 
     1382(e)(3)(B)(i)(I)), as redesignated by paragraph (1), is 
     amended to read as follows:
       ``(B)(i)(I)(aa) Any individual who would be eligible for 
     cash benefits under this title but for the application of 
     subparagraph (A) may elect to comply with the provisions of 
     this subparagraph.
       ``(bb) Any individual who is eligible for cash benefits 
     under this title by reason of disability (or whose 
     eligibility for such benefits is suspended) or is eligible 
     for benefits pursuant to section 1619(b), and who was 
     eligible for such benefits by reason of disability, for which 
     such individual's alcoholism or drug addiction was a 
     contributing factor material to the Commissioner's 
     determination that such individual was disabled, for the 
     month preceding the month in which this subparagraph takes 
     effect, shall be required to comply with the provisions of 
     this subparagraph.''.
       (B) Section 1611(e)(3)(B)(i)(II) of such Act (42 U.S.C. 
     1382(e)(3)(B)(i)(II)), as so redesignated, is amended by 
     striking ``who is required under subclause (I)'' and 
     inserting ``described in division (bb) of subclause (I) who 
     is required''.
       (C) Subclauses (I) and (II) of section 1611(e)(3)(B)(ii) of 
     such Act (42 U.S.C. 1382(e)(3)(B)(ii)), as so redesignated, 
     are each amended by striking ``clause (i)'' and inserting 
     ``clause (i)(I)''.
       (D) Section 1611(e)(3)(B) of such Act (42 U.S.C. 
     1382(e)(3)(B)), as so redesignated, is amended by striking 
     clause (v) and by redesignating clause (vi) as clause (v).
       (E) Section 1611(e)(3)(B)(v) of such Act (42 U.S.C. 
     1382(e)(3)(B)(v)), as redesignated by subparagraph (D), is 
     amended--
       (i) in subclause (I), by striking ``who is eligible'' and 
     all that follows through ``is disabled'' and inserting 
     ``described in clause (i)(I)''; and
       (ii) in subclause (V), by striking ``or (v)''.
       (F) Section 1611(e)(3)(C)(i) of such Act (42 U.S.C. 
     1382(e)(3)(C)(i)), as redesignated by paragraph (1), is 
     amended by striking ``who are receiving benefits under this 
     title and who as a condition of such benefits'' and inserting 
     ``described in subparagraph (B)(i)(I)(aa) who elect to 
     undergo treatment; and the monitoring and testing of all 
     individuals described in subparagraph (B)(i)(I)(bb) who''.
       (G) Section 1611(e)(3)(C)(iii)(II)(aa) of such Act (42 
     U.S.C. 1382(e)(3)(C)(iii)(II)(aa)), as so redesignated, is 
     amended by striking ``residing in the State'' and all that 
     follows through ``they are disabled'' and inserting 
     ``described in subparagraph (B)(i)(I) residing in the 
     State''.
       (H) Section 1611(e)(3)(C)(iii) of such Act (42 U.S.C. 
     1382(e)(3)(C)(iii)), as so redesignated, is amended by adding 
     at the end the following:
       ``(III) The monitoring requirements of subclause (II) shall 
     not apply in the case of any individual described in 
     subparagraph (B)(i)(I)(aa) who fails to comply with the 
     requirements of subparagraph (B).''.
       (I) Section 1611(e)(3) of such Act (42 U.S.C. 1382(e)(3)), 
     as amended by paragraph (1), is amended by adding at the end 
     the following new subparagraphs:
       ``(D) The Commissioner shall provide appropriate 
     notification to each individual subject to the limitation on 
     cash benefits contained in subparagraph (A) and the treatment 
     provisions contained in subparagraph (B).
       ``(E) The requirements of subparagraph (B) shall cease to 
     apply to any individual if the Commissioner determines that 
     such individual no longer needs treatment.''.
       (3) 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:
       ``(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)''.
       (4) Preservation of medicaid eligibility.--Section 1634(e) 
     of such Act (42 U.S.C. 1382(e)) is amended--
       (A) by striking ``clause (i) or (v) of section 
     1611(e)(3)(A)'' and inserting ``subparagraph (A) or 
     subparagraph (B)(i)(II) of section 1611(e)(3)''; and
       (B) by adding at the end the following: ``This subsection 
     shall cease to apply to any such person if the Commissioner 
     determines that such person no longer needs treatment.''.
       (5) Conforming amendment.--Section 201(c) of the Social 
     Security Independence and Program Improvements Act of 1994 
     (42 U.S.C. 425 note) is repealed.
       (c) Effective Dates.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section shall apply to applicants for 
     benefits under title II or title XVI of the Social Security 
     Act for months beginning on or after the date of the 
     enactment of this Act, without regard to whether regulations 
     have been issued to implement such amendments.
       (2) Application to current recipients.--Notwithstanding any 
     other provision of law, in the case of an individual who is 
     receiving benefits under title II of the Social Security Act 
     or supplemental security income benefits under title XVI of 
     such Act as of the date of the enactment of this Act and 
     whose entitlement or eligibility for such benefits would 
     terminate by reason of the amendments made by this section, 
     such amendments shall apply with respect to the benefits of 
     such individual for months beginning on or after January 1, 
     1997, and the Commissioner of Social Security shall so notify 
     the individual not later than 90 days after the date of the 
     enactment of this Act.
       (3) Benefits under title xvi.--For purposes of this 
     subsection, the term ``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.
                                 ______