II

104TH CONGRESS

2D SESSION S. 1789

To amend the Social Security Act to deny the payment of social security

and supplemental security income benefits to prisoners, and for other

purposes.

IN THE SENATE OF THE UNITED STATES

MAY 22, 1996

Mr. HELMS introduced the following bill; which was read twice and referred

to the Committee on Finance

A BILL

To amend the Social Security Act to deny the payment

of social security and supplemental security income benefits to prisoners, and for other purposes.

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

3 SECTION 1. SHORT TITLE.

4 The short title of this Act may be cited as the ‘‘Pre5 vention of Prisoner Double-Dipping Act’’.

6 SEC. 2. TREATMENT OF PRISONERS.

7 (a) DENIAL OF BENEFITS TO INDIVIDUALS JAILED

8 ON FELONY CHARGES.—
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1 (1) IN GENERAL.—Section 202(x)(1)(A) of the

2 Social Security Act (42 U.S.C. 402(x)(1)(A)) is

3 amended by striking ‘‘or’’ at the end of clause (i),

4 by striking the period at the end of clause (ii) and

5 inserting ‘‘, or’’, and by adding at the end the fol6 lowing new clause:

7 ‘‘(iii) is confined in a jail, prison, or other penal

8 institution or correctional facility pursuant to a

9 charge of an offense punishable by imprisonment for

10 more than 1 year, but only with respect to months

11 after the first 30 days of such confinement.’’.

12 (2) CONFORMING AMENDMENT.—Section

13 202(x)(1)(B)(i) of such Act (42 U.S.C.

14 402(x)(1)(B)(i)) is amended by striking ‘‘clause (i)’’

15 and inserting ‘‘clauses (i) and (iii)’’.

16 (3) STUDY OF METHODS TO INSURE THE COL17 LECTION OF INFORMATION RESPECTING PUBLIC IN18 MATES.—

19 (A) STUDY.—The Commissioner of Social

20 Security shall conduct a study regarding meth21 ods to insure the timely and accurate reporting

22 of information respecting court orders by which

23 individuals described in section 202(x)(1)(A)(iii)

24 of the Social Security Act (402 U.S.C.

25 402(x)(1)(A)(iii)) are confined in jails, prisons,
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1 or other public penal, correctional, or medical

2 facilities as the Commissioner may require for

3 the purpose of carrying out section 202(x) and

4 1611(e)(1) of such Act (42 U.S.C. 402(x) and

5 1382(e)(1)).

6 (B) REPORT.—Not later than 1 year after

7 the date of the enactment of this Act, the Com8 missioner of Social Security shall submit a re9 port on the results of the study conducted pur10 suant to this paragraph to the Committee on

11 Finance of the Senate and the Committee on

12 Ways and Means of the House of Representa13 tives.

14 (4) EFFECTIVE DATE.—The amendments made

15 by this subsection shall apply to payments made for

16 months beginning after the date of the enactment of

17 this Act.

18 (b) IMPLEMENTATION OF PROHIBITION AGAINST

19 PAYMENT OF BENEFITS TO PRISONERS.—

20 (1) IN GENERAL.—Section 202(x)(3) of the So21 cial Security Act (42 U.S.C. 402(x)(3)) is amend22 ed—

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

24 (B) by adding at the end the following new

25 subparagraph:
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1 ‘‘(B)(i) The Commissioner is authorized to enter into

2 a contract, with any interested State or local institution

3 described in clause (i) or (ii) of paragraph (1)(A) the pri4 mary purpose of which is to confine individuals as de5 scribed in paragraph (1)(A), under which—

6 ‘‘(I) the institution shall provide to the Com7 missioner, on a monthly basis, the names, social se8 curity account numbers, dates of birth, and such

9 other identifying information concerning the individ10 uals confined in the institution as the Commissioner

11 may require for the purpose of carrying out para12 graph (1); and

13 ‘‘(II) the Commissioner is authorized to pay to

14 any such institution, with respect to each individual

15 who is entitled to a benefit under this title for the

16 month preceding the first month throughout which

17 such individual is confined in such institution as de18 scribed in paragraph (1)(A), an amount determined

19 by the Commissioner.

20 ‘‘(ii) The provisions of section 552a of title 5, United

21 States Code, shall not apply to any contract entered into

22 under clause (i) or to information exchanged pursuant to

23 such contract.’’.

24 (2) CONFORMING SSI AMENDMENTS.—Section

25 1611(e)(1) of such Act (42 U.S.C. 1382(e)(1)) is
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1 amended by adding at the end the following new

2 subparagraph:

3 ‘‘(I)(i) The Commissioner is authorized to enter into

4 a contract, with any interested State or local institution

5 referred to in subparagraph (A), under which—

6 ‘‘(I) the institution shall provide to the Com7 missioner, on a monthly basis, the names, social se8 curity account numbers, dates of birth, and such

9 other identifying information concerning the inmates

10 of the institution as the Commissioner may require

11 for the purpose of carrying out this paragraph; and

12 ‘‘(II) the Commissioner is authorized to pay to

13 any such institution, with respect to each inmate of

14 the institution who is eligible for a benefit under this

15 title for the month preceding the first month

16 throughout which such inmate is in such institution

17 and becomes ineligible for such benefit (or becomes

18 eligible only for a benefit payable at a reduced rate)

19 as a result of the application of this paragraph, an

20 amount determined by the Commissioner.

21 ‘‘(ii) The provisions of section 552a of title 5, United

22 States Code, shall not apply to any contract entered into

23 under clause (i) or to information exchanged pursuant to

24 such contract.’’.
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1 SEC. 3. CIVIL MONETARY PENALTIES FOR FRAUDULENT

2 USE OF SOCIAL SECURITY ACCOUNT NUM3 BERS AND CARDS.

4 (a) IN GENERAL.—Subsection (a) of section 1129 of

5 the Social Security Act (42 U.S.C. 1320a–8) is amended

6 by redesignating paragraph (2) as paragraph (3) and by

7 inserting after paragraph (1) the following new paragraph:

8 ‘‘(2) Any person who—

9 ‘‘(1) willfully, knowingly, and with intent to de10 ceive, uses a social security account number assigned

11 on the basis of false information provided by such

12 person or another person;

13 ‘‘(2) with intent to deceive, falsely represents a

14 number to be a social security account number;

15 ‘‘(3) knowingly alters a social security card;

16 ‘‘(4) buys or sells a card that is, or purports to

17 be, a social security card;

18 ‘‘(5) possesses a social security card or counter19 feit card with the intent to sell or alter such card;

20 or

21 ‘‘(6) discloses, uses, or compels the disclosure of

22 the social security account number of any person in

23 violation of the law,

24 shall be subject to, in addition to any other penalties that

25 may be prescribed by law, a civil money penalty of not

26 more than $5,000 for each offense. Such person also shall
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1 be subject to an assessment, in lieu of damages sustained

2 by the United States because of such offense, of not more

3 than 5 times the amount of benefits or payments paid

4 under titles II and XVI as a result of such offense.’’.

5 (b) CONFORMING AMENDMENT.—Paragraph (1) of

6 section 1129(c) of such Act (42 U.S.C. 1320a–8(c)) is

7 amended by striking ‘‘statements and representations’’

8 and inserting ‘‘actions’’.

9 (c) EFFECTIVE DATE.—The amendments made by

10 this section shall apply to conduct occurring on or after

11 the date of the enactment of this Act.

12 SEC. 4. ADDITIONAL RESOURCES TO COMBAT FRAUD IN

13 THE SOCIAL SECURITY SYSTEM.

14 (a) AUTHORIZATION OF APPROPRIATIONS.—Out of

15 any money in the Treasury not otherwise appropriated,

16 there are authorized to be appropriated, to remain avail17 able without fiscal year limitation, $50,000,000 for the

18 Commissioner of Social Security through the Office of In19 spector General to utilize only for increasing the number

20 of investigators and auditors charged with pursuing

21 charges of fraud against the programs under titles II and

22 XVI of the Social Security Act.

23 (b) ADDITIONAL FUNDS.—Amounts appropriated

24 under subsection (a) shall be in addition to any funds oth-
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1 erwise appropriated for the purposes described in sub2 section (a).

3 SEC. 5. STUDY REGARDING REVIEW AND APPEALS PROC4 ESS.

5 (a) STUDY.—The Commissioner of Social Security

6 shall conduct a study regarding methods to streamline the

7 review and appeals process under title II and XVI of the

8 Social Security Act.

9 (b) REPORT.—Not later than 1 year after the date

10 of the enactment of this Act, the Commissioner of Social

11 Security shall submit a report on the results of the study

12 conducted pursuant to this section to the Committee on

13 Finance of the Senate and the Committee on Ways and

14 Means of the House of Representatives.

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