Skip to Content

Rule

Rescission of Obsolete Regulations Addressing Drug Addiction and Alcoholism Under Titles II and XVI of the Social Security Act

A Rule by the Social Security Administration on 04/03/2026

Published Document: 2026-06557 (91 FR 16828)

This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format.

Document Headings

Document headings vary by document type but may contain the following:

  1. the agency or agencies that issued and signed a document
  2. the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to
  3. the agency docket number / agency internal file number
  4. the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions

See the Document Drafting Handbook for more details.

Social Security Administration
  1. 20 CFR Parts 404 and 406
  2. [Docket No. SSA-2025-0189]
  3. RIN 0960-AJ05

AGENCY:

Social Security Administration.

ACTION:

Final rule.

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 http://www.ssa.gov.

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]

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.

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]

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]

( printed 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

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)).

[Amended]

2. Amend § 404.315 by removing and reserving paragraph (b).

[Amended]

3. Amend § 404.316 by removing paragraphs (e) and (f).

[Amended]

4. Amend § 404.321 by removing paragraph (d).

5. Amend § 404.332 by revising paragraph (b)(5) to read as follows:

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.

* * * * *
[Amended]

6. Amend § 404.335 by removing paragraph (c)(4).

[Amended]

7. Amend § 404.336 by removing paragraph (c)(4).

[Amended]

8. Amend § 404.337 by removing and reserving paragraph (b)(3).

[Amended]

9. Amend § 404.350 by removing and reserving paragraph (b).

10. Amend § 404.352 as follows:

a. Revise paragraph (b)(5); and

b. Remove and reserve paragraph (c).

The revision reads as follows:

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 § 404.409).

* * * * *

Subpart E—Deductions; Reductions; and Nonpayments of Benefits

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.

12. Amend § 404.402 by revising paragraph (a) introductory text to read as follows:

Interrelationship of deductions, reductions, adjustments, and nonpayment of benefits.

(a) Deductions, reductions, adjustment. Deductions because of earnings or work ( see §§ 404.415 and 404.417); failure to have a child “in his or her care” ( see § 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 §§ 404.451 and 404.453); or because of unpaid maritime taxes ( see § 404.457) are made: * * *

* * * * *
[Removed]

13. Remove § 404.470.

[Removed]

14. Remove § 404.480.

Subpart P—Determining Disability and Blindness

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. ( printed page 16830) L. 104-193, 110 Stat. 2105, 2189; sec. 202, Pub. L. 108-203, 118 Stat. 509 (42 U.S.C. 902 note).

[Removed]

16. Remove § 404.1536.

[Removed]

17. Remove § 404.1537.

[Removed]

18. Remove § 404.1538.

[Removed]

19. Remove § 404.1539.

[Removed]

20. Remove § 404.1540.

[Removed].

21. Remove § 404.1541.

PART 416—SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND DISABLED

Subpart A—Introduction, General Provisions and Definitions

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).

23. Amend § 416.101 by revising paragraph (q) to read as follows:

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

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).

[Amended]

25. Amend § 416.202 by removing and reserving paragraph (e).

[Removed]

26. Remove § 416.214.

27. Amend § 416.262 as follows:

a. Revise paragraph (c); and

b. Remove and reserve paragraph (d).

The revision reads as follows:

Eligibility requirements for special SSI cash benefits.
* * * * *

(c) You continue to have a disabling impairment; and

* * * * *

28. Amend § 416.265 by revising paragraph (a) to read as follows:

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

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.

[Amended]

30. Amend § 416.535 by removing and reserving paragraph (b).

[Amended]

31. Amend § 416.542 by removing and reserving paragraph (a)(2).

[Removed]

32. Remove § 416.544.

[Amended]

33. Amend § 416.558 by removing paragraph (c).

Subpart F—Representative Payment

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)).

[Amended]

35. Amend § 416.601 by removing the fourth sentence of paragraph (b)(1).

[Amended]

36. Amend § 416.610 by removing paragraph (a)(3).

Subpart G—Reports Required

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).

[Amended]

38. Amend § 416.708 by removing and reserving paragraph (j).

Subpart I—Determining Disability and Blindness

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).

40. Amend § 416.901 by revising paragraph (h) to read as follows:

Scope of subpart.
* * * * *

(h) In § 416.935 we explain the rules which apply in cases of drug addiction and alcoholism.

* * * * *
[Removed]

41. Remove § 416.936.

[Removed]

42. Remove § 416.937.

[Removed]

43. Remove § 416.938.

[Removed]

44. Remove § 416.939.

[Removed]

45. Remove § 416.940.

[Removed]

46. Remove § 416.941.

Subpart K—Income

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).

[Amended]

48. Amend § 416.1123 by removing and reserving paragraph (d)(2).

( printed page 16831)

Subpart M—Suspensions and Terminations

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).

[Removed]

50. Remove § 416.1326.

[Amended]

51. Amend § 416.1331 by removing paragraphs (c), (d), and (e).

Subpart Q—Referral of Persons Eligible for Supplemental Security Income to Other Agencies

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).

53. Revise § 416.1701 to read as follows:

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.

54. Remove the undesignated center heading “Referral for Treatment of Alcoholism or Drug Addiction”.

and 416.1725 [Removed and Reserved]

55. Remove and reserve §§ 416.1720 and 416.1725.

Subpart T—State Supplementation Provisions; Agreement; Payments

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).

57. Revise paragraph (b) of § 416.2040 to read as follows:

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.

Footnotes

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.”

Back to Citation

3.  Public Law 104-121 ( govinfo.gov/content/pkg/PLAW-104publ121/html/PLAW-104publ121.htm). 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.

Back to Citation

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.”

Back to Citation

[FR Doc. 2026-06557 Filed 4-2-26; 8:45 am]

BILLING CODE 4191-02-P

Published Document: 2026-06557 (91 FR 16828)