I

105TH CONGRESS

1ST SESSION H. R. 530

To provide for implementation of prohibitions against payment of social

security benefits to prisoners, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 4, 1997

Mr. HERGER (for himself, Mr. CLEMENT, Mr. SHAW, Mr. BUNNING, Ms.

DUNN, Mr. ENSIGN, Mr. HAYWORTH, and Mr. BURTON of Indiana) introduced the following bill; which was referred to the Committee on Ways

and Means

A BILL

To provide for implementation of prohibitions against payment of social security 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 This Act may be cited as the ‘‘Criminal Welfare Pre5 vention Act, Part II’’.

6 SEC. 2. TREATMENT OF PRISONERS UNDER TITLES II AND

7 XVI OF THE SOCIAL SECURITY ACT.

8 (a) IMPLEMENTATION OF PROHIBITION AGAINST

9 PAYMENT OF TITLE II BENEFITS TO PRISONERS.—
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1 (1) IN GENERAL.—Section 202(x)(3) of the So2 cial Security Act (42 U.S.C. 402(x)(3)) is amend3 ed—

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

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

6 subparagraph:

7 ‘‘(B)(i) The Commissioner shall enter into an agree8 ment, with any interested State or local institution com9 prising a jail, prison, penal institution, correctional facil10 ity, or other institution a purpose of which is to confine

11 individuals as described in paragraph (1)(A), under

12 which—

13 ‘‘(I) the institution shall provide to the Com14 missioner, on a monthly basis and in a manner spec15 ified by the Commissioner, the names, social security

16 account numbers, dates of birth, confinement com17 mencement dates, and, to the extent available to the

18 institution, such other identifying information con19 cerning the individuals confined in the institution as

20 the Commissioner may require for the purpose of

21 carrying out paragraph (1); and

22 ‘‘(II) except as provided in clause (ii), the Com23 missioner shall pay to the institution, with respect to

24 information described in subclause (I) concerning

25 each individual who is confined therein as described
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1 in paragraph (1)(A), to whom a benefit under this

2 title is payable for the month preceding the first

3 month of such confinement, and whose benefit under

4 this title ceases to be payable as a result of the ap5 plication of this subsection, $400 (subject to reduc6 tion under clause (iii)) if the institution furnishes

7 the information to the Commissioner within 30 days

8 after the date such individual’s confinement in such

9 institution begins, or $200 (subject to reduction

10 under clause (iii)) if the institution furnishes the in11 formation after 30 days after such date but within

12 90 days after such date.

13 ‘‘(ii) No amount shall be payable to an institution

14 with respect to information concerning an individual under

15 an agreement entered into under clause (i) if, prior to the

16 Commissioner’s receipt of the information, the Commis17 sioner has determined that benefits under this title are

18 no longer payable to such individual as a result of the ap19 plication of this subsection.

20 ‘‘(iii) The dollar amounts specified in clause (i)(II)

21 shall be reduced by 50 percent if the Commissioner is also

22 required to make a payment to the institution with respect

23 to the same individual under an agreement entered into

24 under section 1611(e)(1)(I).
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1 ‘‘(iv) There shall be transferred from the Federal

2 Old-Age and Survivors Insurance Trust Fund and the

3 Federal Disability Insurance Trust Fund, as appropriate,

4 such sums as may be necessary to enable the Commis5 sioner to make payments to institutions required by clause

6 (i)(II). Sums so transferred shall be treated as direct

7 spending for purposes of the Balanced Budget and Emer8 gency Deficit Control Act of 1985 and excluded from

9 budget totals in accordance with section 13301 of the

10 Budget Enforcement Act of 1990.

11 ‘‘(v) The Commissioner is authorized to provide, on

12 a reimbursable basis, information obtained pursuant to

13 agreements entered into under clause (i) to any Federal

14 or federally-assisted cash, food, or medical assistance pro15 gram for eligibility purposes.’’.

16 (2) EFFECTIVE DATE.—The amendments made

17 by this subsection shall apply to individuals whose

18 period of confinement in an institution commences

19 on or after the first day of the fourth month begin20 ning after the month in which this Act is enacted.

21 (b) ELIMINATION OF TITLE II REQUIREMENT THAT

22 CONFINEMENT STEM FROM CRIME PUNISHABLE BY IM23 PRISONMENT FOR MORE THAN 1 YEAR.—

24 (1) IN GENERAL.—Section 202(x)(1)(A) of such

25 Act (42 U.S.C. 402(x)(1)(A)) is amended—
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1 (A) in the matter preceding clause (i), by

2 striking ‘‘during’’ and inserting ‘‘throughout’’;

3 (B) in clause (i), by striking ‘‘an offense

4 punishable by imprisonment for more than 1

5 year (regardless of the actual sentence im6 posed)’’ and inserting ‘‘a criminal offense’’; and

7 (C) in clause (ii)(I), by striking ‘‘an of8 fense punishable by imprisonment for more

9 than 1 year’’ and inserting ‘‘a criminal of10 fense’’.

11 (2) EFFECTIVE DATE.—The amendments made

12 by this subsection shall apply to individuals whose

13 period of confinement in an institution commences

14 on or after the first day of the fourth month begin15 ning after the month in which this Act is enacted.

16 (c) INCLUSION OF TITLE II ISSUES IN STUDY AND

17 REPORT REQUIREMENTS RELATING TO PRISONERS.—

18 (1) Section 203(b)(1) of the Personal Respon19 sibility and Work Opportunity Reconciliation Act of

20 1996 (Public Law 104–193) is amended—

21 (A) in subparagraph (A), by striking ‘‘sec22 tion 1611(e)(1)’’ and inserting ‘‘sections 202(x)

23 and 1611(e)(1)’’; and
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1 (B) in subparagraph (B), by striking ‘‘sec2 tion 1611(e)(1)(I)’’ and inserting ‘‘section

3 202(x)(3)(B) or 1611(e)(1)(I)’’.

4 (2) Section 203(c) of such Act is amended by

5 striking ‘‘section 1611(e)(1)(I)’’ and all that follows

6 and inserting the following: ‘‘sections 202(x)(3)(B)

7 and 1611(e)(1)(I) of the Social Security Act.’’.

8 (3) The amendments made by paragraph (1)

9 shall apply as if included in the enactment of section

10 203(b) of the Personal Responsibility and Work Op11 portunity Reconciliation Act of 1996 (Public Law

12 104–193). The amendment made by paragraph (2)

13 shall apply as if included in the enactment of section

14 203(c) of such Act.

15 (d) CONFORMING TITLE XVI AMENDMENTS.—

16 (1) PRECLUSION OF TITLE XVI PAYMENT WHEN

17 INFORMATION FURNISHED BY AN INSTITUTION IS

18 ALREADY KNOWN BY THE COMMISSIONER.—Section

19 1611(e)(1)(I) of the Social Security Act (as added

20 by section 203(a)(1) of the Personal Responsibility

21 and Work Opportunity Reconciliation Act of 1996

22 (Public Law 104–193)) is amended—

23 (A) in clause (i)(II), by inserting ‘‘except

24 as provided in clause (ii),’’ after ‘‘(II)’’;
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1 (B) by redesignating clauses (ii) and (iii)

2 as clauses (iv) and (v), respectively; and

3 (C) by inserting after clause (i) the follow4 ing new clause:

5 ‘‘(ii) No amount shall be payable to an institution

6 with respect to information concerning an inmate under

7 an agreement entered into under clause (i) if, prior to the

8 Commissioner’s receipt of the information, the Commis9 sioner has determined that the inmate is no longer an eli10 gible individual or eligible spouse for purposes of this title

11 as a result of the application of this paragraph.’’.

12 (2) FIFTY PERCENT REDUCTION IN TITLE XVI

13 PAYMENT IN CASE INVOLVING COMPARABLE TITLE II

14 PAYMENT.—Section 1611(e)(1)(I) of such Act (as

15 amended by paragraph (1)) is amended further—

16 (A) in clause (i)(II), by inserting ‘‘(subject

17 to reduction under clause (iii))’’ after ‘‘$400’’

18 and after ‘‘$200’’; and

19 (B) by inserting after clause (ii) the follow20 ing new clause:

21 ‘‘(iii) The dollar amounts specified in clause (i)(II)

22 shall be reduced by 50 percent if the Commissioner is also

23 required to make a payment to the institution with respect

24 to the same individual under an agreement entered into

25 under section 202(x)(3)(B).’’.
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1 (3) EXPANSION OF CATEGORIES OF INSTITU2 TIONS ELIGIBLE TO ENTER INTO AGREEMENTS WITH

3 THE COMMISSIONER.—Section 1611(e)(1)(I)(i) of

4 such Act (as added by section 203(a)(1) of the Per5 sonal Responsibility and Work Opportunity Rec6 onciliation Act of 1996 (Public Law 104–193)) is

7 amended in the matter preceding subclause (I) by

8 striking ‘‘institution’’ and all that follows through

9 ‘‘section 202(x)(1)(A),’’ and inserting ‘‘institution

10 comprising a jail, prison, penal institution, or correc11 tional facility, or with any other interested State or

12 local institution a purpose of which is to confine in13 dividuals as described in section 202(x)(1)(A)(ii),’’.

14 (4) LIMITATION ON CATEGORIES OF INMATES

15 WITH RESPECT TO WHOM PAYMENT MAY BE

16 MADE.—Section 1611(e)(1)(I)(i)(II) of such Act (as

17 added by section 203(a)(1) of the Personal Respon18 sibility and Work Opportunity Reconciliation Act of

19 1996 (Public Law 104–193)) is amended by striking

20 ‘‘inmate of the institution’’ and all that follows

21 through ‘‘in such institution and’’ and inserting ‘‘in22 dividual who is eligible for a benefit under this title

23 for the month preceding the first month throughout

24 which the individual is an inmate of the jail, prison,
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1 penal institution, or correctional facility, or is con2 fined in the institution as described in section

3 202(x)(1)(A)(ii), and who’’.

4 (5) TECHNICAL CORRECTION.—Section

5 1611(e)(1)(I)(i)(II) of such Act (as amended by the

6 preceding provisions of this subsection) is amended

7 further by striking ‘‘subparagraph’’ and inserting

8 ‘‘paragraph’’.

9 (6) EFFECTIVE DATE.—The amendments made

10 by this subsection shall apply as if included in the

11 enactment of section 203(a) of the Personal Respon12 sibility and Work Opportunity Reconciliation Act of

13 1996 (Public Law 104–193). The references to sec14 tion 202(x)(1)(A)(ii) of the Social Security Act in

15 section 1611(e)(1)(I)(i) of such Act as amended by

16 paragraphs (3) and (4) shall be deemed a reference

17 to such section 202(x)(1)(A)(ii) as amended by sub18 section (b)(1)(C).

19 (e) EXEMPTION FROM COMPUTER MATCHING RE20 QUIREMENTS.—

21 (1) IN GENERAL.—Section 552a(a)(8)(B) of

22 title 5, United States Code, is amended—

23 (A) by striking ‘‘or’’ at the end of clause

24 (vi); and
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1 (B) by inserting after clause (vii) the fol2 lowing new clauses:

3 ‘‘(viii) matches performed pursuant to

4 section 202(x) or 1611(e)(1) of the Social

5 Security Act; or

6 ‘‘(ix) matches performed pursuant to

7 section 205(j)(1)(A), 205(j)(5),

8 1631(a)(2)(A)(ii), 1631(a)(2)(A)(iii), or

9 1631(a)(2)(E) of the Social Security Act;’’.

10 (2) CONFORMING AMENDMENT.—Section

11 1611(e)(1)(I)(iv) of the Social Security Act (as

12 added by section 203(a)(1) of the Personal Respon13 sibility and Work Opportunity Reconciliation Act of

14 1996 (Public Law 104–193) and redesignated by

15 subsection (d)(1)(B)) is amended further by striking

16 ‘‘(I) The provisions’’ and all that follows through

17 ‘‘(II) The Commissioner’’ and inserting ‘‘The Com18 missioner’’.

19 (3) EFFECTIVE DATE.—The amendments made

20 by this subsection shall take effect on the date of the

21 enactment of this Act.

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