I
106TH CONGRESS
1ST SESSION
H. R. 1918
To provide for implementation of prohibitions against payment of Social
Security benefits to prisoners, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 25, 1999
Mr. HERGER (for himself, Mr. CLEMENT, Mr. CRANE, Mr. RAMSTAD, Ms.
DUNN, Mr. WATKINS, Mr. HAYWORTH, Mr. WELLER, Mr. FOLEY, and
Mr. TANNER) introduced the following bill; which was referred to the
Committee on Ways and Means
A BILL
To provide for implementation of prohibitions against pay-
ment of Social Security benefits to prisoners, and for
other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Criminal Welfare Pre-
vention Act, Part II’’.
SEC. 2. IMPLEMENTATION OF PROHIBITION AGAINST PAY-
MENT OF TITLE II BENEFITS TO PRISONERS.
(a) IN GENERAL.—Section 202(x)(3) of the Social
Security Act (42 U.S.C. 402(x)(3)) is amended—
(1) by inserting ‘‘(A)’’ after ‘‘(3)’’; and
(2) by adding at the end the following new sub-
paragraph:
‘‘(B)(i) The Commissioner shall enter into an agree-
ment under this subparagraph with any interested State
or local institution comprising a jail, prison, penal institu-
tion, or correctional facility, or comprising any other insti-
tution a purpose of which is to confine individuals as de-
scribed in paragraph (1)(A)(ii). Under such agreement—
‘‘(I) the institution shall provide to the Com-
missioner, on a monthly basis and in a manner spec-
ified by the Commissioner, the names, Social Secu-
rity account numbers, dates of birth, confinement
commencement dates, and, to the extent available to
the institution, such other identifying information
concerning the individuals confined in the institution
as the Commissioner may require for the purpose of
carrying out paragraph (1); and
‘‘(II) the Commissioner shall pay to the institu-
tion, with respect to information described in sub-
clause (I) concerning each individual who is confined
therein as described in paragraph (1)(A), who re-
ceives a benefit under this title for the month pre-
ceding the first month of such confinement, and
whose benefit under this title is determined by the
Commissioner to be not payable by reason of con-
finement based on the information provided by the
institution, $400 (subject to reduction under clause
(ii)) if the institution furnishes the information to
the Commissioner within 30 days after the date such
individual’s confinement in such institution begins,
or $200 (subject to reduction under clause (ii)) if
the institution furnishes the information after 30
days after such date but within 90 days after such
date.
‘‘(ii) The dollar amounts specified in clause (i)(II)
shall be reduced by 50 percent if the Commissioner is also
required to make a payment to the institution with respect
to the same individual under an agreement entered into
under section 1611(e)(1)(I).
‘‘(iii) The provisions of section 552a of title 5, United
States Code, shall not apply to any agreement entered into
under clause (i) or to information exchanged pursuant to
such agreement.
‘‘(iv) There is authorized to be transferred from the
Federal Old-Age and Survivors Insurance Trust Fund and
the Federal Disability Insurance Trust Fund, as appro-
priate, such sums as may be necessary to enable the Com-
missioner to make payments to institutions required by
clause (i)(II).
‘‘(v) The Commissioner is authorized to provide, on
a reimbursable basis, information obtained pursuant to
agreements entered into under clause (i) to any agency
administering a Federal or federally-assisted cash, food,
or medical assistance program for eligibility purposes.’’.
(b) EFFECTIVE DATE.—The amendments made by
this section shall apply to individuals whose period of con-
finement in an institution commences on or after the first
day of the fourth month beginning after the month in
which this Act is enacted.
SEC. 3. ELIMINATION OF TITLE II REQUIREMENT THAT
CONFINEMENT STEM FROM CRIME PUNISH-
ABLE BY IMPRISONMENT FOR MORE THAN 1
YEAR.
(a) IN GENERAL.—Section 202(x)(1)(A) of the Social
Security Act (42 U.S.C. 402(x)(1)(A)) is amended—
(1) in the matter preceding clause (i), by strik-
ing ‘‘during’’ and inserting ‘‘throughout’’;
(2) in clause (i), by striking ‘‘an offense punish-
able by imprisonment for more than 1 year (regard-
less of the actual sentence imposed)’’ and inserting
‘‘a criminal offense’’; and
(3) in clause (ii)(I), by striking ‘‘an offense
punishable by imprisonment for more than 1 year’’
and inserting ‘‘a criminal offense’’.
(b) EFFECTIVE DATE.—The amendments made by
this section shall apply to individuals whose period of con-
finement in an institution commences on or after the first
day of the fourth month beginning after the month in
which this Act is enacted.
SEC. 4. CONFORMING TITLE XVI AMENDMENTS.
(a) FIFTY PERCENT REDUCTION IN TITLE XVI PAY-
MENT IN CASE INVOLVING COMPARABLE TITLE II PAY-
MENT.—Section 1611(e)(1)(I) of the Social Security Act
(42 U.S.C. 1382(e)(1)(I)) is amended—
(1) in clause (i)(II), by inserting ‘‘(subject to
reduction under clause (ii))’’ after ‘‘$400’’ and after
‘‘$200’’;
(2) by redesignating clauses (ii) and (iii) as
clauses (iii) and (iv) respectively; and
(3) by inserting after clause (i) the following
new clause:
‘‘(ii) The dollar amounts specified in clause (i)(II)
shall be reduced by 50 percent if the Commissioner is also
required to make a payment to the institution with respect
to the same individual under an agreement entered into
under section 202(x)(3)(B).’’.
(b) EXPANSION OF CATEGORIES OF INSTITUTIONS
ELIGIBLE TO ENTER INTO AGREEMENTS WITH THE COM-
MISSIONER.—Section 1611(e)(1)(I)(i) of such Act (42
U.S.C. 1382(e)(1)(I)(i)) is amended in the matter pre-
ceding subclause (I) by striking ‘‘institution’’ and all that
follows through ‘‘section 202(x)(1)(A),’’ and inserting ‘‘in-
stitution comprising a jail, prison, penal institution, or
correctional facility, or with any other interested State or
local institution a purpose of which is to confine individ-
uals as described in section 202(x)(1)(A)(ii),’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall take effect as if included in the enact-
ment of section 203(a) of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996 (Public Law
104–193; 110 Stat. 2186). The reference to section
202(x)(1)(A)(ii) of the Social Security Act in section
1611(e)(1)(I)(i) of such Act as amended by subsection (b)
shall 
be 
deemed 
a 
reference 
to 
such 
section
202(x)(1)(A)(ii) as amended by section 3(a)(3).
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