Page:United States Statutes at Large Volume 108 Part 2.djvu/786

 108 STAT. 1502 PUBLIC LAW 103-296—AUG. 15, 1994 shall apply with respect to months beginning after 90 days after the date of the enactment of this Act. (3) NONPAYMENT OR TERMINATION OF BENEFITS. — (A) IN GENERAL.— Section 1611(e)(3)(A) of such Act (42 U.S.C. 1382(e)(3)(A)) is amended to read as follows: "(A)(i)(I) In the case of any individual eligible for benefits under this title solely by reason of disability, if alcoholism or drug addiction is a contributing factor material to the Secretary's determination that the individual is disabled, the individual shall comply with the provisions of this subparagraph. In any case in which an individual is required to comply with the provisions of this subparagraph, the Secretary shall include in the individual's notification of such eligibility a notice informing the individual of such requirement. "(II) Notwithstanding any other provision of this title, if an individual who is required under subclause (I) to comply with the requirements of this subparagraph is determined by the Secretary not to be in compliance with the provisions of this subparagraph, the individual's benefits under this title by reason of disability shall be suspended for a period— "(aa) commencing with the first month following the month in which the individual is notified by the Secretary of the determination of noncompliance and that the individual's benefits will be suspended; and "(bb) ending with the month preceding the first month, after the determination of noncompliance, in which the individual demonstrates that he or she has reestablished and main- specified in clause (iii). "(ii)(I) An individual described in clause (i) is in compliance with the requirements of this subparagraph for a month if in such month— "(aa) the individual undergoes substance abuse treatment, which is appropriate for the individual's condition diagnosed as alcoholism or drug addiction and for the stage of the individual's rehabilitation and which is conducted at an institution r or facility approved for purposes of this subparagraph by the Secretary; and "(bb) the individual complies in such month with the terms, conditions, and requirements of the treatment and with requirements imposed by the Secretary under this paragraph. "(II) An individual described in clause (i) may be determined as failing to comply with the requirements of this subparagraph for a month only if treatment meeting the requirements of subclause (I)(aa) is available for the month, as determined pursuant to regulations of the Secretary. "(iii) The applicable period specified in this clause is— "(I) 2 consecutive months, in the case of a 1st determination that an individual is not in compliance with the requirements of this subparagraph; "(II) 3 consecutive months, in the case of the 2nd such determination with respect to the individual; or "(III) 6 consecutive months, in the case of the 3rd or subse- ^ quent such determination with respect to the individual. "(iv) An individual who is not in compliance with this paragraph for 12 consecutive months shall not be eligible for supplemental security income benefits under this title. The preceding sentence
 * tained compliance with such provisions for the applicable period

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