I

104TH CONGRESS

1ST SESSION H. R. 2320

To provide for the more effective implementation of the prohibition against

the payment to prisoners of supplemental security income benefits under

title XVI of the Social Security Act or monthly insurance benefits under

title II of such Act, and to deny such supplemental security income

benefits for 10 years to a person found to have fraudulently obtained

such benefits while in prison.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 13, 1995

Mr. HERGER (for himself, Mr. CLEMENT, Mr. SHAW, Mr. BURR, Mr. KLECZKA, Mr. COLLINS of Georgia, Mr. FOX of Pennsylvania, Mr. BEREUTER,

Mrs. JOHNSON of Connecticut, Mr. HEFLEY, Mr. CONDIT, Mr. COOLEY,

Mr. GORDON, Mr. HOLDEN, Mr. BRYANT of Texas, Mr. BOEHNER, Mr.

LAUGHLIN, and Mr. CAMP) introduced the following bill; which was referred to the Committee on Ways and Means

A BILL

To provide for the more effective implementation of the prohibition against the payment to prisoners of supplemental

security income benefits under title XVI of the Social

Security Act or monthly insurance benefits under title

II of such Act, and to deny such supplemental security

income benefits for 10 years to a person found to have

fraudulently obtained such benefits while in prison.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•HR 2320 IH

1 SECTION 1. IMPLEMENTATION OF PROHIBITION AGAINST

2 PAYMENT OF BENEFITS TO PRISONERS.

3 (a) SSI BENEFITS.—Section 1611(e)(1) of the Social

4 Security Act (42 U.S.C. 1382(e)(1)) is amended by adding

5 at the end the following:

6 ‘‘(I) The Commissioner shall enter into a contract

7 with any interested State or local institution referred to

8 in subparagraph (A), under which—

9 ‘‘(i) the institution shall provide to the Commis10 sioner, on a monthly basis, the names of, and other

11 identifying information about, the inmates of the in12 stitution; and

13 ‘‘(ii) the Commissioner shall pay to the institu14 tion, with respect to each inmate of the institution

15 who, by reason of this paragraph, is ineligible for a

16 benefit under this title, and who is found by the

17 Commissioner to have been erroneously paid a bene18 fit under this title while such an inmate, an amount

19 equal to 50 percent of the monthly amount most re20 cently erroneously so paid to the inmate.’’.

21 (b) OASDI BENEFITS.—Section 202(x)(3) of such

22 Act (42 U.S.C. 402(x)(3)) is amended—

23 (1) by inserting ‘‘(A)’’ after ‘‘(3)’’; and

24 (2) by adding at the end the following:

25 ‘‘(B) The Commissioner shall enter into a contract

26 with any interested State or local institution described in
3

•HR 2320 IH

1 clause (i) or (ii) of paragraph (1)(A) the primary purpose

2 of which is to confine individuals as described in para3 graph (1)(A), under which—

4 ‘‘(i) the institution shall provide to the Commis5 sioner, on a monthly basis, the names of, and other

6 identifying information about, the individuals so con7 fined in the institution; and

8 ‘‘(ii) the Commissioner shall pay to any such in9 stitution, with respect to each individual found by

10 the Commissioner to have been erroneously paid a

11 benefit under this title while so confined in the insti12 tution, an amount equal to 50 percent of the month13 ly amount most recently erroneously so paid to the

14 individual.’’.

15 SEC. 2. DENIAL OF SSI BENEFITS FOR 10 YEARS TO A PER16 SON FOUND TO HAVE FRAUDULENTLY OB17 TAINED SSI BENEFITS WHILE IN PRISON.

18 Section 1611(e)(1) of the Social Security Act (42

19 U.S.C. 1382(e)(1)), as amended by section 1 of this Act,

20 is amended by adding at the end the following:

21 ‘‘(J) A person shall not be an eligible individual or

22 eligible spouse for purposes of this title if—

23 ‘‘(i) the Commissioner finds that the person has

24 made a fraudulent statement or representation in
4

•HR 2320 IH

1 order to obtain benefits under this title while serving

2 a prison sentence; and

3 ‘‘(ii) the 10-year period that begins with the

4 date the person has completed the sentence has not

5 expired.’’.

Æ