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[111th Congress Public Law 115]
[From the U.S. Government Printing Office]

[[Page 123 STAT. 3029]]

Public Law 111-115
111th Congress

                                 An Act

 
   To amend titles II and XVI of the Social Security Act to prohibit 
   retroactive payments to individuals during periods for which such 
   individuals are prisoners, fugitive felons, or probation or parole 
           violators. <<NOTE: Dec. 15, 2009 -  [H.R. 4218]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: No Social 
Security Benefits for Prisoners Act of 2009.>> 
SECTION 1. <<NOTE: 42 USC 1305 note.>> SHORT TITLE.

    This Act may be cited as the ``No Social Security Benefits for 
Prisoners Act of 2009''.
SEC. 2. PROHIBITION OF RETROACTIVE TITLE II AND TITLE XVI PAYMENTS 
                    TO PRISONERS, FUGITIVE FELONS, AND PROBATION 
                    OR PAROLE VIOLATORS.

    (a) Amendments to Title II.--Section 204(a)(1)(B) of the Social 
Security Act (42 U.S.C. 404(a)(1)(B)) is amended--
            (1) by striking ``(B) With'' and inserting ``(B)(i) Subject 
        to clause (ii), with''; and
            (2) by adding at the end the following:
            ``(ii) No payment shall be made under this subparagraph to 
        any person during any period for which monthly insurance 
        benefits of such person--
                    ``(I) are subject to nonpayment by reason of section 
                202(x)(1), or
                    ``(II) in the case of a person whose monthly 
                insurance benefits have terminated for a reason other 
                than death, would be subject to nonpayment by reason of 
                section 202(x)(1) but for the termination of such 
                benefits,
        until section 202(x)(1) no longer applies, or would no longer 
        apply in the case of benefits that have terminated.
            ``(iii) Nothing in clause (ii) shall be construed to limit 
        the Commissioner's authority to withhold amounts, make 
        adjustments, or recover amounts due under this title, title VIII 
        or title XVI that would be deducted from a payment that would 
        otherwise be payable to such person but for such clause.''.

    (b) Amendments to Title XVI.--Section 1631(b) of such Act (42 U.S.C. 
1383(b)) is amended by adding at the end the following new paragraph:
    ``(7)(A) In the case of payment of less than the correct amount of 
benefits to or on behalf of any individual, no payment shall be made to 
such individual pursuant to this subsection during any period for which 
such individual--
            ``(i) is not an eligible individual or eligible spouse under 
        section 1611(e)(1) because such individual is an inmate of a

[[Page 123 STAT. 3030]]

        public institution that is a jail, prison, or other penal 
        institution or correctional facility the purpose of which is to 
        confine individuals as described in clause (ii) or (iii) of 
        section 202(x)(1)(A), or
            ``(ii) is not an eligible individual or eligible spouse 
        under section 1611(e)(4),

until such person is no longer considered an ineligible individual or 
ineligible spouse under section 1611(e)(1) or 1611(e)(4).
    ``(B) Nothing in subparagraph (A) shall be construed to limit the 
Commissioner's authority to withhold amounts, make adjustments, or 
recover amounts due under this title, title II, or title VIII that would 
be deducted from a payment that would otherwise be payable to such 
individual but for such subparagraph.''.
    (c) Effective <<NOTE: 42 USC 404 note.>> Date.--The amendments made 
by this section shall be effective for payments that would otherwise be 
made on or after the date of the enactment of this Act.

    Approved December 15, 2009.

LEGISLATIVE HISTORY--H.R. 4218:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 155 (2009):
            Dec. 8, considered and passed House.
            Dec. 10, considered and passed Senate.

                                  <all>
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