Page:United States Statutes at Large Volume 111 Part 1.djvu/648

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Ill STAT. 624 PUBLIC LAW 105-33—AUG. 5, 1997 (1) by inserting "(or the Commissioner, with respect to any jointly financed cooperative agreement or grant concerning title XVI)" after "Secretary" the first place it appears; and (2) by inserting "(or the Commissioner, as applicable)" after "Secretary" the second place it appears. SEC. 5525. TECHNICAL AMENDMENTS RELATING TO DRUG ADDICTS ANDALCOHOUCS. (a) CLARIFICATION RELATING TO THE EFFECTIVE DATE OF THE DENIAL OF SSI DISABILITY BENEFITS TO DRUG ADDICTS AND ALCOHOLICS.— Section 105(b)(5) of the Contract with America 42 USC 1382 Advancement Act of 1996 (Public Law 104-121; 110 Stat. 853) note. is amended— (1) in subparagraph (A), by striking "by the Commissioner of Social Security" and "by the Commissioner"; and (2) by redesignating subparagraph (D) as subparagraph (F) and by inserting after subparagraph (C) the following new subparagraphs: "(D) For purposes of this paragraph, an individual's claim, with respect to supplemented security income benefits under title XVI of the Social Security Act based on disability, which has been denied in whole before the date of the enactment of this Act, may not be considered to be finally adjudicated before such date if, on or after such date— "(i) there is pending a request for either administrative or judicial review with respect to such claim, or "(ii) there is pending, with respect to such claim, a readjudication by the Commissioner of Social Security pursuant to relief in a class action or implementation by the Commissioner of a court remand order. "(E) Notwithstanding the provisions of this paragraph, with respect to any individual for whom the Commissioner does not perform the eligibility redetermination before the date prescribed in subparagraph (C), the Commissioner shall perform such eligibility redetermination in lieu of a continuing disability review whenever the Commissioner determines that the individual's eligibility is subject to redetermination based on the preceding provisions of this paragraph, and the provisions of section 1614(a)(4) of the Social Security Act shall not apply to such redetermination.". (b) CORRECTIONS TO EFFECTIVE DATE OF PROVISIONS CONCERN- ING REPRESENTATIVE PAYEES AND TREATMENT REFERRALS OF SSI BENEFICIARIES WHO ARE DRUG ADDICTS AND ALCOHOLICS. — Section 105(b)(5)(B) of such Act (Public Law 104-121; 110 Stat. 853) is amended to read as follows: "(B) The amendments made by paragraphs (2) and (3) shall take effect on July 1, 1996, with respect to any individual— "(i) whose claim for benefits is finally adjudicated on or after the date of the enactment of this Act, or "(ii) whose eligibility for benefits is based upon an eligibility redetermination made pursuant to subparagraph (C).".