II 

111TH CONGRESS 

1ST SESSION H. R. 4218 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 8, 2009 

Received 

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. 

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


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HR 4218 RDS 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘No Social Security 

3 Benefits for Prisoners Act of 2009’’. 

4 SEC. 2. PROHIBITION OF RETROACTIVE TITLE II AND TITLE 

5 XVI PAYMENTS TO PRISONERS, FUGITIVE 

6 FELONS, AND PROBATION OR PAROLE VIOLA7 TORS. 

8 (a) AMENDMENTS TO TITLE II.—Section 

9 204(a)(1)(B) of the Social Security Act (42 U.S.C. 

10 404(a)(1)(B)) is amended— 

11 (1) by striking ‘‘(B) With’’ and inserting 

12 ‘‘(B)(i) Subject to clause (ii), with’’; and 

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

14 ‘‘(ii) No payment shall be made under this sub15 paragraph to any person during any period for 

16 which monthly insurance benefits of such person— 

17 ‘‘(I) are subject to nonpayment by reason 

18 of section 202(x)(1), or 

19 ‘‘(II) in the case of a person whose month20 ly insurance benefits have terminated for a rea21 son other than death, would be subject to non22 payment by reason of section 202(x)(1) but for 

23 the termination of such benefits, 

24 until section 202(x)(1) no longer applies, or would 

25 no longer apply in the case of benefits that have ter26 minated. 


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HR 4218 RDS 

1 ‘‘(iii) Nothing in clause (ii) shall be construed 

2 to limit the Commissioner’s authority to withhold 

3 amounts, make adjustments, or recover amounts due 

4 under this title, title VIII or title XVI that would be 

5 deducted from a payment that would otherwise be 

6 payable to such person but for such clause.’’. 

7 (b) AMENDMENTS TO TITLE XVI.—Section 1631(b) 

8 of such Act (42 U.S.C. 1383(b)) is amended by adding 

9 at the end the following new paragraph: 

10 ‘‘(7)(A) In the case of payment of less than the cor11 rect amount of benefits to or on behalf of any individual, 

12 no payment shall be made to such individual pursuant to 

13 this subsection during any period for which such indi14 vidual— 

15 ‘‘(i) is not an eligible individual or eligible 

16 spouse under section 1611(e)(1) because such indi17 vidual is an inmate of a public institution that is a 

18 jail, prison, or other penal institution or correctional 

19 facility the purpose of which is to confine individuals 

20 as described in clause (ii) or (iii) of section 

21 202(x)(1)(A), or 

22 ‘‘(ii) is not an eligible individual or eligible 

23 spouse under section 1611(e)(4), 


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HR 4218 RDS 

1 until such person is no longer considered an ineligible indi2 vidual or ineligible spouse under section 1611(e)(1) or 

3 1611(e)(4). 

4 ‘‘(B) Nothing in subparagraph (A) shall be construed 

5 to limit the Commissioner’s authority to withhold 

6 amounts, make adjustments, or recover amounts due 

7 under this title, title II, or title VIII that would be de8 ducted from a payment that would otherwise be payable 

9 to such individual but for such subparagraph.’’. 

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

11 this section shall be effective for payments that would oth12 erwise be made on or after the date of the enactment of 

13 this Act. 

Passed the House of Representatives December 8, 

2009. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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