Rule2026-06557
Rescission of Obsolete Regulations Addressing Drug Addiction and Alcoholism Under Titles II and XVI of the Social Security Act
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 3, 2026
Effective
April 3, 2026
Issuing agencies
Social Security Administration
Abstract
This rule rescinds obsolete drug addiction and alcoholism (DAA) regulations.
Full Text
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<title>Federal Register, Volume 91 Issue 64 (Friday, April 3, 2026)</title>
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[Federal Register Volume 91, Number 64 (Friday, April 3, 2026)]
[Rules and Regulations]
[Pages 16828-16831]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-06557]
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SOCIAL SECURITY ADMINISTRATION
20 CFR Parts 404 and 406
[Docket No. SSA-2025-0189]
RIN 0960-AJ05
Rescission of Obsolete Regulations Addressing Drug Addiction and
Alcoholism Under Titles II and XVI of the Social Security Act
AGENCY: Social Security Administration.
ACTION: Final rule.
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SUMMARY: This rule rescinds obsolete drug addiction and alcoholism
(DAA) regulations.
DATES: This final rule is effective on April 3, 2026.
FOR FURTHER INFORMATION CONTACT: Michael J. Goldstein, Director,
Medical Policy, Social Security Administration, 6401 Security
Boulevard, Baltimore, MD 21235-6401, (410) 965-1020. For more
information on eligibility or filing for benefits, call our national
toll-free number, 1-800-772-1213, or TTY 1-800-325-0778, or visit our
internet site, Social Security Online, at <a href="http://www.ssa.gov">http://www.ssa.gov</a>.
SUPPLEMENTARY INFORMATION: The President's Executive Order (E.O.)
14219, Ensuring Lawful Governance and Implementing the President's
``Department of Government Efficiency'' Deregulatory Initiative,\1\
(issued February 19, 2025), directed all agency heads to review
regulations within their purview and rescind or modify those that meet
the criteria specified in the E.O.\2\
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\1\ 90 FR 10583.
\2\ Section 2 of E.O. 14219 specified that agency heads shall
identify the following classes of regulations: ``(i)
unconstitutional regulations and regulations that raise serious
constitutional difficulties, such as exceeding the scope of the
power vested in the Federal Government by the Constitution; (ii)
regulations that are based on unlawful delegations of legislative
power; (iii) regulations that are based on anything other than the
best reading of the underlying statutory authority or prohibition;
(iv) regulations that implicate matters of social, political, or
economic significance that are not authorized by clear statutory
authority; (v) regulations that impose significant costs upon
private parties that are not outweighed by public benefits; (vi)
regulations that harm the national interest by significantly and
unjustifiably impeding technological innovation, infrastructure
development, disaster response, inflation reduction, research and
development, economic development, energy production, land use, and
foreign policy objectives; and (vii) regulations that impose undue
burdens on small business and impede private enterprise and
entrepreneurship.''
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SSA conducted such a review and identified obsolete provisions in
20 CFR parts 404 and 416 related to drug addiction and alcoholism (DAA)
policies. These DAA regulations are obsolete because they do not
reflect our current polices, which went into effect with the enactment
of the Contract with America Advancement Act of 1996 (Contract with
America Act).\3\ Because our regulations were never updated, they do
not represent the best reading of the underlying statutory authority
granted by the Contract with America Act. This final rule will rescind
these obsolete provisions. This removal will align our regulations with
the Contract with America Act. Through its updating and streamlining to
ensure only relevant regulations remain, it also accords with E.O.
14219.
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\3\ Public Law 104-121 (<a href="http://govinfo.gov/content/pkg/PLAW-104publ121/html/PLAW-104publ121.htm">govinfo.gov/content/pkg/PLAW-104publ121/html/PLAW-104publ121.htm</a>). The Contract with America Act requires
that no individual can be found disabled when DAA is a
``contributing factor material to the determination of disability.''
The law also terminated eligibility of DAA beneficiaries receiving
SSI or SSDI unless those individuals appealed and were found to be
disabled on a separate basis. Though we did not update our
regulations, we followed the law in agency practices and policies,
ensuring full compliance.
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Although we have not yet rescinded these regulatory sections, we
have always followed the provisions of the Contract with America Act
since its enactment. Accordingly, while this rescission will simply
streamline our regulations by removing obsolete information, it will
not cause any actual policy or procedural changes.
In accordance with section 702(a)(5) of the Social Security Act, 42
U.S.C. 902(a)(5), we follow the Administrative Procedure Act (APA)
rulemaking procedures specified in 5 U.S.C. 553 in promulgating
regulations. Generally, the APA requires that an agency provide prior
notice and opportunity for public comment before issuing a final
regulation. The APA provides exceptions to the notice-and-comment
requirements when an agency finds there is good cause for dispensing
with such procedures because they are impracticable, unnecessary, or
contrary to the public interest. 5 U.S.C. 553(b)(B).
We determined that good cause exists under 5 U.S.C. 553(b)(B) for
dispensing with the notice and public comment procedures. We determined
that opportunity for prior comment is unnecessary because this final
rule merely removes obsolete provisions of the regulations that were
superseded by Congressional action and it makes no substantive changes
to our current rules. As such, we are issuing this regulation as a
final rule.
In addition, for the reasons cited above, we find good cause for
dispensing with the 30-day delay in the effective date of this final
rule as provided by 5 U.S.C. 553(d)(3). As noted above, we are not
making any substantive changes to our policies, so delaying the
effective date of this final rule is unnecessary.
Regulatory Procedures
E.O. 12866, as Supplemented by E.O. 13563
We consulted with the Office of Management and Budget (OMB) and OMB
has determined that this rule does not meet the criteria for a
significant regulatory action under section (3)(f) of E.O. 12866, as
supplemented by E.O. 13563, and is not subject to OMB review.
Therefore, OMB has not reviewed it.
Congressional Review Act
This final rule is not a major rule as defined by the Congressional
Review Act.\4\
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\4\ 5 U.S.C. 801 et seq.
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E.O. 14192
Based upon the criteria established in E.O. 14192 and OMB
Memorandum M-25-20, this rule is not an ``E.O. regulatory action.'' \5\
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\5\ Page 3 of M-25-20 states that an E.O. 14192 regulatory
action is: ``(i) A significant regulatory action as defined in
Section 3(f) of E.O. 12866 that has been finalized and that imposes
total costs greater than zero; or (ii) A significant guidance
document, broadly conceived, (e.g., significant interpretive
guidance) reviewed by OIRA under the procedures of E.O. 12866 that
has been finalized and that imposes total costs greater than zero.''
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[[Page 16829]]
Anticipated Transfers/Costs to Our Program
SSA's Actuarial Services anticipates no direct effect on program
costs for the Old-Age, Survivors, and Disability Insurance (OASDI) and
Federal Supplemental Security Income (SSI) programs as a result of the
implementation of this final rule. This is because the final rule
rescinds obsolete regulations and does not alter the policies or
procedures that the agency currently follows. Therefore, no changes in
OASDI or SSI program eligibility or benefit payments are expected due
to this action.
Anticipated Administrative Costs/Benefits to the Social Security
Administration
Our Budget Office expects that we will not incur any administrative
costs nor realize any savings from the implementation of the final
rule, as this rule will not change any current agency policies or
procedures but will simply rescind obsolete regulations.
E.O. 13132
We analyzed this rule in accordance with the principles and
criteria established by E.O. 13132, and determined that the rule will
not have sufficient federalism implications to warrant preparation of a
federalism assessment. We also determined that this rule will not
preempt any State law or State regulation or affect the States'
abilities to discharge traditional State governmental functions.
Regulatory Flexibility Act
We certify that this final rule will not have a significant
economic impact on a substantial number of small entities because it
removes obsolete regulations that have no current effect on
individuals. Therefore, a regulatory flexibility analysis is not
required under the Regulatory Flexibility Act, as amended.
Paperwork Reduction Act (PRA)
This final rule is rescinding obsolete regulations that do not
reflect our current policies. We have previously obtained OMB PRA
approval for any conforming changes to affected information collection
when the regulations were first obsoleted. Accordingly, this recission
does not create or affect any existing information collections, and it
does not require OMB approval under the PRA.
List of Subjects
20 CFR Part 404
Administrative practice and procedure, Blindness and Disability
benefits, Reporting and recordkeeping requirements, Social Security,
Vocational rehabilitation.
20 CFR Part 416
Administrative practice and procedure, Medicaid, Reporting and
recordkeeping requirements, Supplemental Security Income (SSI),
Vocational rehabilitation.
For the reasons stated in the preamble, the Social Security
Administration amends 20 CFR parts 404 and 416 as follows:
PART 404--FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE
(1950-)
Subpart D--Old-Age, Disability, Dependents' and Survivors'
Insurance Benefits; Period of Disability
0
1. The authority citation for subpart D of part 404 continues to read
as follows:
Authority: Secs. 202, 203(a) and (b), 205(a), 216, 223, 225,
and 702(a)(5) of the Social Security Act (42 U.S.C. 402, 403(a) and
(b), 405(a), 416, 423, 425, and 902(a)(5)).
Sec. 404.315 [Amended]
0
2. Amend Sec. 404.315 by removing and reserving paragraph (b).
Sec. 404.316 [Amended]
0
3. Amend Sec. 404.316 by removing paragraphs (e) and (f).
Sec. 404.321 [Amended]
0
4. Amend Sec. 404.321 by removing paragraph (d).
0
5. Amend Sec. 404.332 by revising paragraph (b)(5) to read as follows:
Sec. 404.332 When wife's and husband's benefits begin and end.
* * * * *
(b) * * *
(5) The insured person dies or is no longer entitled to old age or
disability benefits.
* * * * *
Sec. 404.335 [Amended]
0
6. Amend Sec. 404.335 by removing paragraph (c)(4).
Sec. 404.336 [Amended]
0
7. Amend Sec. 404.336 by removing paragraph (c)(4).
Sec. 404.337 [Amended]
0
8. Amend Sec. 404.337 by removing and reserving paragraph (b)(3).
Sec. 404.350 [Amended]
0
9. Amend Sec. 404.350 by removing and reserving paragraph (b).
0
10. Amend Sec. 404.352 as follows:
0
a. Revise paragraph (b)(5); and
0
b. Remove and reserve paragraph (c).
The revision reads as follows:
Sec. 404.352 When does my entitlement to child's benefits begin and
end?
* * * * *
(b) * * *
(5) With the month before the month the insured's entitlement to
old-age or disability benefits ends for a reason other than death or
the attainment of full retirement age (as defined in Sec. 404.409).
* * * * *
Subpart E--Deductions; Reductions; and Nonpayments of Benefits
0
11. The authority citation for subpart E of part 404 continues to read
as follows:
Authority: Secs. 202, 203, 204(a) and (e), 205(a) and (c),
216(l), 222(c), 223(e), 224, 225, 702(a)(5), and 1129A of the Social
Security Act (42 U.S.C. 402, 403, 404(a) and (e), 405(a) and (c),
416(l), 422(c), 423(e), 424a, 425, 902(a)(5), and 1320a-8a); 48
U.S.C. 1801.
0
12. Amend Sec. 404.402 by revising paragraph (a) introductory text to
read as follows:
Sec. 404.402 Interrelationship of deductions, reductions,
adjustments, and nonpayment of benefits.
(a) Deductions, reductions, adjustment. Deductions because of
earnings or work (see Sec. Sec. 404.415 and 404.417); failure to have
a child ``in his or her care'' (see Sec. 404.421); as a penalty for
failure to timely report noncovered work outside the United States,
failure to report that he or she no longer has a child ``in his or her
care,'' or failure to timely report earnings (see Sec. Sec. 404.451
and 404.453); or because of unpaid maritime taxes (see Sec. 404.457)
are made: * * *
* * * * *
Sec. 404.470 [Removed]
0
13. Remove Sec. 404.470.
Sec. 404.480 [Removed]
0
14. Remove Sec. 404.480.
Subpart P--Determining Disability and Blindness
0
15. The authority citation for subpart P of part 404 continues to read
as follows:
Authority: 42 U.S.C. 402, 405(a)-(b) and (d)-(h), 416(i),
421(a) and (h)-(j), 422(c), 423, 425, 902(a)(5), and 1320e-3; sec.
211(b), Pub.
[[Page 16830]]
L. 104-193, 110 Stat. 2105, 2189; sec. 202, Pub. L. 108-203, 118
Stat. 509 (42 U.S.C. 902 note).
Sec. 404.1536 [Removed]
0
16. Remove Sec. 404.1536.
Sec. 404.1537 [Removed]
0
17. Remove Sec. 404.1537.
Sec. 404.1538 [Removed]
0
18. Remove Sec. 404.1538.
Sec. 404.1539 [Removed]
0
19. Remove Sec. 404.1539.
Sec. 404.1540 [Removed]
0
20. Remove Sec. 404.1540.
Sec. 404.1541 [Removed].
0
21. Remove Sec. 404.1541.
PART 416--SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND
DISABLED
Subpart A--Introduction, General Provisions and Definitions
0
22. The authority citation for subpart A of part 416 continues to read
as follows:
Authority: Secs. 702(a)(5) and 1601-1635 of the Social Security
Act (42 U.S.C. 902(a)(5) and 1381-1383d); sec. 212, Pub. L. 93-66,
87 Stat. 155 (42 U.S.C. 1382 note); sec. 502(a), Pub. L. 94-241, 90
Stat. 268 (48 U.S.C. 1681 note).
0
23. Amend Sec. 416.101 by revising paragraph (q) to read as follows:
Sec. 416.10 Introduction.
* * * * *
(q) Subpart Q of this part contains provisions with respect to the
referral of individuals for vocational rehabilitation and application
for other benefits to which an applicant may be potentially entitled.
* * * * *
Subpart B--Eligibility
0
24. The authority citation for subpart B of part 416 continues to read
as follows:
Authority: Secs. 702(a)(5), 1110(b), 1602, 1611, 1614, 1619(a),
1631, and 1634 of the Social Security Act (42 U.S.C. 902(a)(5),
1310(b), 1381a, 1382, 1382c, 1382h(a), 1383, and 1383c); secs. 211
and 212, Pub. L. 93-66, 87 Stat. 154 and 155 (42 U.S.C. 1382 note);
sec. 502(a), Pub. L. 94-241, 90 Stat. 268 (48 U.S.C. 1681 note);
sec. 2, Pub. L. 99-643, 100 Stat. 3574 (42 U.S.C. 1382h note).
Sec. 416.202 [Amended]
0
25. Amend Sec. 416.202 by removing and reserving paragraph (e).
Sec. 416.214 [Removed]
0
26. Remove Sec. 416.214.
0
27. Amend Sec. 416.262 as follows:
0
a. Revise paragraph (c); and
0
b. Remove and reserve paragraph (d).
The revision reads as follows:
Sec. 416.262 Eligibility requirements for special SSI cash benefits.
* * * * *
(c) You continue to have a disabling impairment; and
* * * * *
0
28. Amend Sec. 416.265 by revising paragraph (a) to read as follows:
Sec. 416.265 Requirements for the special SSI eligibility status.
* * * * *
(a) You continue to be blind or continue to have a disabling
impairment.
* * * * *
Subpart E--Payment of Benefits, Overpayments, and Underpayments
0
29. The authority citation for subpart E of part 416 continues to read
as follows:
Authority: Secs. 702(a)(5), 1147, 1601, 1602, 1611(c) and (e),
and 1631(a)-(d) and (g) of the Social Security Act (42 U.S.C.
902(a)(5), 1320b-17, 1381, 1381a, 1382(c) and (e), and 1383(a)-(d)
and (g)); 31 U.S.C. 3716; 31 U.S.C. 3720A.
Sec. 416.535 [Amended]
0
30. Amend Sec. 416.535 by removing and reserving paragraph (b).
Sec. 416.542 [Amended]
0
31. Amend Sec. 416.542 by removing and reserving paragraph (a)(2).
Sec. 416.544 [Removed]
0
32. Remove Sec. 416.544.
Sec. 416.558 [Amended]
0
33. Amend Sec. 416.558 by removing paragraph (c).
Subpart F--Representative Payment
0
34. The authority citation for subpart F of part 416 continues to read
as follows:
Authority: Secs. 205(j)(1)(C), 702(a)(5), 1631(a)(2) and (d)(1)
of the Social Security Act (42 U.S.C. 405(j)(1)(C), 902(a)(5),
1383(a)(2) and (d)(1)).
Sec. 416.601 [Amended]
0
35. Amend Sec. 416.601 by removing the fourth sentence of paragraph
(b)(1).
Sec. 416.610 [Amended]
0
36. Amend Sec. 416.610 by removing paragraph (a)(3).
Subpart G--Reports Required
0
37. The authority citation for subpart G of part 416 continues to read
as follows:
Authority: 42 U.S.C. 902(a)(5), 1320a-8a, 1320e-3, 1382, 1382a,
1382b, 1382c, and 1383; sec. 211, Pub. L. 93-66, 87 Stat. 154 (42
U.S.C. 1382 note); sec. 202, Pub. L. 108-203, 118 Stat. 509 (42
U.S.C. 902 note).
Sec. 416.708 [Amended]
0
38. Amend Sec. 416.708 by removing and reserving paragraph (j).
Subpart I--Determining Disability and Blindness
0
39. The authority citation for subpart I of part 416 continues to read
as follows:
Authority: 42 U.S.C. 421(m), 902(a)(5), 1382, 1382c, 1382h,
1383, and 1383b; secs. 4(c) and 5, 6(c)-(e), 14(a), and 15, Pub. L.
98-460, 98 Stat. 1794, 1801, 1802, and 1808 (42 U.S.C. 421 note, 423
note, and 1382h note).
0
40. Amend Sec. 416.901 by revising paragraph (h) to read as follows:
Sec. 416.901 Scope of subpart.
* * * * *
(h) In Sec. 416.935 we explain the rules which apply in cases of
drug addiction and alcoholism.
* * * * *
Sec. 416.936 [Removed]
0
41. Remove Sec. 416.936.
Sec. 416.937 [Removed]
0
42. Remove Sec. 416.937.
Sec. 416.938 [Removed]
0
43. Remove Sec. 416.938.
Sec. 416.939 [Removed]
0
44. Remove Sec. 416.939.
Sec. 416.940 [Removed]
0
45. Remove Sec. 416.940.
Sec. 416.941 [Removed]
0
46. Remove Sec. 416.941.
Subpart K--Income
0
47. The authority citation for subpart K of part 416 continues to read
as follows:
Authority: 42 U.S.C. 902(a)(5), 1381a, 1382, 1382a, 1382b,
1382c(f), 1382j, 1383, and 1383b; sec. 211, Pub. L. 93-66, 87 Stat.
154 (42 U.S.C. 1382 note).
Sec. 416.1123 [Amended]
0
48. Amend Sec. 416.1123 by removing and reserving paragraph (d)(2).
[[Page 16831]]
Subpart M--Suspensions and Terminations
0
49. The authority citation for subpart M of part 416 continues to read
as follows:
Authority: Secs. 702(a)(5), 1129A, 1611-1614, 1619, and 1631 of
the Social Security Act (42 U.S.C. 902(a)(5), 1320a-8a, 1382-1382c,
1382h, and 1383).
Sec. 416.1326 [Removed]
0
50. Remove Sec. 416.1326.
Sec. 416.1331 [Amended]
0
51. Amend Sec. 416.1331 by removing paragraphs (c), (d), and (e).
Subpart Q--Referral of Persons Eligible for Supplemental Security
Income to Other Agencies
0
52. The authority citation for subpart Q of part 416 continues to read
as follows:
Authority: Secs. 702(a)(5), 1611(e)(3), 1615, and 1631 of the
Social Security Act (42 U.S.C. 902(a)(5), 1382(e)(3), 1382d, and
1383).
0
53. Revise Sec. 416.1701 to read as follows:
Sec. 416.1701 Scope of subpart.
This subpart describes whom we refer to agencies for vocational
rehabilitation services. The purpose of these services is to restore
your ability to work.
0
54. Remove the undesignated center heading ``Referral for Treatment of
Alcoholism or Drug Addiction''.
Sec. Sec. 416.1720 and 416.1725 [Removed and Reserved]
0
55. Remove and reserve Sec. Sec. 416.1720 and 416.1725.
Subpart T--State Supplementation Provisions; Agreement; Payments
0
56. The authority citation for subpart T of part 416 continues to read
as follows:
Authority: Secs. 702(a)(5), 1616, 1618, and 1631 of the Social
Security Act (42 U.S.C. 902(a)(5), 1382e, 1382g, and 1383); sec.
212, Pub. L. 93-66, 87 Stat. 155 (42 U.S.C. 1382 note); sec. 8(a),
(b)(1)-(b)(3), Pub. L. 93-233, 87 Stat. 956 (7 U.S.C. 612c note,
1431 note and 42 U.S.C. 1382e note); secs. 1(a)-(c) and 2(a),
2(b)(1), 2(b)(2), Pub. L. 93-335, 88 Stat. 291 (42 U.S.C. 1382 note,
1382e note).
0
57. Revise paragraph (b) of Sec. 416.2040 to read as follows:
Sec. 416.2040 Limitations on eligibility.
* * * * *
(b) Ineligible persons. No person who is ineligible for a Federal
benefit for any month under sections 1611(e)(1)(A), (2), or (f) of the
Act (failure to file; outside the United States) or other reasons
(other than the amount of income) shall be eligible for such State
supplementation for such month.
* * * * *
Mark Steffensen,
General Counsel, Social Security Administration.
[FR Doc. 2026-06557 Filed 4-2-26; 8:45 am]
BILLING CODE 4191-02-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.