I 
109TH CONGRESS 
2D SESSION 
H. R. 6329 
To ensure prompt access to supplemental security income, social security 
disability, and medicaid benefits for persons released from certain public 
institutions. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 15, 2006 
Ms. CARSON (for herself, Mr. KENNEDY of Rhode Island, Mr. CONYERS, Mr. 
RUSH, Mr. NADLER, Mr. CLEAVER, Ms. JACKSON-LEE of Texas, Mr. 
OWENS, Mr. WYNN, and Mr. JEFFERSON) introduced the following bill; 
which was referred to the Committee on Ways and Means, and in addi-
tion to the Committee on Energy and Commerce, for a period to be sub-
sequently determined by the Speaker, in each case for consideration of 
such provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To ensure prompt access to supplemental security income, 
social security disability, and medicaid benefits for per-
sons released from certain public institutions. 
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 ‘‘Recidivism Reduction 
Act’’. 
SEC. 2. FINDINGS. 
The Congress finds the following: 
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(1) There are an estimated 300,000 mentally ill 
individuals in State and Federal prisons. 
(2) According to surveys completed by the Bu-
reau of Justice Statistics, 16 percent of State prison 
inmates, 7 percent of Federal prison inmates, and 
16 percent of inmates of local jails reported either 
a mental condition or an overnight stay in a mental 
hospital. 
(3) Access to Federal disability and health care 
benefits is a critical component of the successful re- 
entry into the community of indigent individuals 
with disabilities who are released from jail, prison, 
juvenile detention, or other correctional facilities. 
(4) As a matter of public safety, individuals 
with disabilities released from correctional facilities 
must be reinstated in the Federal benefit programs 
that are designed to provide the health services and 
financial supports on which they rely. 
(5) Individuals with disabilities who live in ex-
treme poverty and who are too disabled to work 
after release from correctional facilities require gov-
ernment supports such as Social Security Disability 
Insurance (SSDI), Supplemental Security Income 
(SSI), or Medicaid to maintain health and to safely 
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transition from correctional facilities into the com-
munity. 
(6) It is the policy of the United States to pro-
vide individuals with disabilities assistance in leading 
healthy and productive lives. 
(7) On average, mentally ill inmates serve 103.4 
months in State prison until their release, as com-
pared to 88.2 months for other inmates. Yet, their 
SSI benefits terminate after 12 consecutive months 
of their incarceration. On average, it takes 93 days 
to reinstate those benefits. 
(8) Health care benefits are especially impor-
tant to low income individuals with disabilities who 
often cannot afford private market insurance and 
who are at great risk of incurring exorbitant costs 
for health care. SSI beneficiaries who lose benefits 
because of incarceration may also lose Medicaid cov-
erage. 
(9) Without prompt access to Federal disability 
benefits on their release, individuals with psychiatric 
disabilities who come into contact with the criminal 
justice system often become trapped in many cycles 
of arrest, release, destitution, deterioration, and re- 
arrest. 
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(10) Recidivism rates for mentally ill offenders 
are very high. A Bureau of Justice Statistics report 
found that over 3⁄4 of mentally ill inmates had been 
sentenced to time in prison or jail or were on proba-
tion at least once before their current sentence. 
(11) Among the mentally ill, 52 percent of 
State prison inmates, 54 percent of jail inmates, and 
49 percent of Federal prison inmates reported 3 or 
more prior sentences to probation or incarceration. 
SEC. 3. SUPPLEMENTAL SECURITY INCOME BENEFITS. 
(a) REINSTATEMENT OR RESUMPTION OF BENEFITS 
ON RELEASE OF INMATE FROM INCARCERATION.—Sec-
tion 1631 of the Social Security Act (42 U.S.C. 1383) is 
amended by adding at the end the following: 
‘‘(q)(1)(A)(i) Eligibility for benefits under this title 
shall be reinstated in any case where the Commissioner 
determines that an individual described in clause (ii) has 
filed a request for reinstatement meeting the requirements 
of subparagraph (B)(i) during the period described in 
clause (iii). Reinstatement of eligibility shall be in accord-
ance with the terms of this paragraph. 
‘‘(ii) An individual is described in this clause 
if— 
‘‘(I) before the month in which the indi-
vidual files a request for reinstatement— 
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‘‘(aa) the individual was eligible for 
benefits under this title on the basis of dis-
ability; and 
‘‘(bb) the individual thereafter was in-
eligible for such benefits because the indi-
vidual was an inmate of a jail, prison, 
penal institution, or correctional facility for 
a period of 12 or more consecutive months; 
‘‘(II) the individual is blind or disabled, 
and the individual’s blindness or disability ren-
ders the individual unable to perform substan-
tial gainful activity; and 
‘‘(III) the individual meets the nonmedical 
requirements for eligibility for benefits under 
this title. 
‘‘(iii)(I) Except as provided in subclause (II), 
the period prescribed in this clause with respect to 
an individual is 36 consecutive months beginning 
with the month following the most recent month for 
which the individual was ineligible for benefits under 
this title before the period of ineligibility described 
in clause (ii)(I)(bb). 
‘‘(II) In the case of an individual who fails to 
file a reinstatement request within the period de-
scribed in subclause (I), the Commissioner may ex-
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tend the period if the Commissioner determines that 
the individual had good cause for the failure to so 
file. 
‘‘(B)(i)(I) A request for reinstatement shall be filed 
on such form, and contain such information, as the Com-
missioner may prescribe. 
‘‘(II) A request for reinstatement shall include ex-
press declarations by the individual stating that the indi-
vidual meets the requirements specified in subclauses (II) 
and (III) of subparagraph (A)(ii). 
‘‘(III) A request for reinstatement shall include an 
express declaration by a health care professional that the 
individual is blind or disabled. 
‘‘(ii) A request for reinstatement filed in accordance 
with this paragraph may constitute an application for ben-
efits in the case of any individual who the Commissioner 
determines is not eligible for reinstated benefits under this 
paragraph. 
‘‘(C) In determining whether an individual meets the 
requirement of subparagraph (A)(ii)(II), the provisions of 
section 1614(a)(4) shall apply. 
‘‘(D)(i) Eligibility for benefits reinstated under this 
paragraph shall commence with the benefit payable for the 
month in which— 
‘‘(I) a request for reinstatement is filed; or 
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‘‘(II) if the request is filed before the individual 
is discharged or released from a jail, prison, deten-
tion center, or correctional facility, the individual is 
so discharged or released. 
‘‘(ii)(I) Subject to subclause (II), the amount of ben-
efit payable for any month pursuant to the reinstatement 
of eligibility under this paragraph shall be determined in 
accordance with the provisions of this title. 
‘‘(II) The benefit under this title payable for any 
month pursuant to a request for reinstatement filed in ac-
cordance with subparagraph (B) shall be reduced by the 
amount of any provisional benefit paid to the individual 
for the month under subparagraph (G). 
‘‘(E) Whenever an individual’s eligiblity for benefits 
under this title is reinstated under this paragraph, eligi-
bility for the benefits shall be reinstated with respect to 
the individual’s spouse if the spouse was previously an eli-
gible spouse of the individual under this title and the Com-
missioner determines that the spouse satisfies all the re-
quirements for eligibility for the benefits except require-
ments related to the filing of an application. The provi-
sions of subparagraph (D) shall apply to the reinstated 
eligibility of the spouse to the same extent that they apply 
to the reinstated eligibility of the individual. 
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‘‘(F) An individual to whom benefits are payable 
under this title pursuant to a reinstatement of eligibility 
under this paragraph for 12 months shall, with respect 
to benefits so payable after such 12th month, be deemed 
for purposes of subparagraph (A)(ii)(II)(aa) to be eligible 
for such benefits on the basis of an application filed there-
for. 
‘‘(G)(i) An individual described in subparagraph 
(A)(ii) who files a request for reinstatement in accordance 
with the provisions of subparagraph (B)(i) shall be eligible 
for provisional benefits payable in accordance with this 
subparagraph, unless the Commissioner determines that 
the individual does not meet the requirements of subpara-
graph (A)(ii)(I) or that the individual’s declaration under 
subparagraph (B)(i)(II) is false. Any such determination 
by the Commissioner shall be final and not subject to re-
view under paragraph (1) or (3) of subsection (c). 
‘‘(ii) The amount of the provisional benefit shall equal 
the amount of the benefit that was payable to the indi-
vidual under this title for the month before the most re-
cent period of ineligibility described in subparagraph 
(A)(ii)(I)(aa). 
‘‘(iii) Provisional benefits shall end when the Com-
missioner makes a determination regarding the individ-
ual’s eligibility for reinstated benefits. 
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‘‘(iv) In any case in which the Commissioner deter-
mines that an individual is not eligible for reinstated bene-
fits, any provisional benefits paid to the individual under 
this subparagraph shall not be considered a liability or 
subject to recovery as an overpayment, unless the Com-
missioner determines that the individual knew that the in-
dividual did not meet the requirements of subparagraph 
(A)(ii). 
‘‘(2) In the case of an individual whose benefits under 
this title are suspended because the individual is an in-
mate of a jail, prison, penal institution, or correctional fa-
cility, payment of such benefits shall resume on the date 
the individual is released from the jail, prison, penal insti-
tution, or correctional facility. 
‘‘(3) For purposes of this subsection, the term ‘bene-
fits under this title’ includes State supplementary pay-
ments made pursuant to an agreement under section 
1616(a) of this Act or section 212(b) of Public Law 93– 
66.’’. 
(b) COOPERATION OF PENAL INSTITUTIONS IN PRO-
VIDING NOTICE OF PENDING RELEASE OF INMATE AND 
IN ASSISTING SOON TO BE RELEASED INMATES IN HAV-
ING BENEFITS RESUMED.— 
(1) IN GENERAL.—Section 1611(e)(1)(I)(i) of 
such Act (42 U.S.C. 1382(e)(1)(I)(i)) is amended— 
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(A) in subclause (I), by inserting ‘‘and 
scheduled release’’ after ‘‘commencement’’; and 
(B) in subclause (II)— 
(i) by inserting ‘‘(other than sched-
uled release information)’’ before ‘‘to the 
Commissioner’’; 
(ii) by inserting ‘‘(other than sched-
uled release information)’’ before ‘‘after 30 
days’’; and 
(iii) by inserting ‘‘except that the 
Commissioner shall not make a payment 
under this subclause to an institution if 
the institution does not furnish scheduled 
release information at least 30 days before 
the scheduled release or does not have in 
place personnel and procedures to inform 
and assist inmates scheduled to be released 
in applying to have their benefits under 
this title resumed’’ before the period. 
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) shall take effect 1 year after the 
date of the enactment of this Act. 
(3) NOTICE OF REQUIREMENT TO FURNISH IN-
FORMATION
ABOUT
SCHEDULED
RELEASE
OF
IN-
MATES.—The Commissioner of Social Security shall 
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notify each institution with which the Commissioner 
has entered into an agreement under section 
1611(e)(1)(I)(i) of the Social Security Act of the 
payment restriction added by paragraph (1) of this 
subsection. 
(c) NOTICE AND TRAINING RELATED TO PRE-RE-
LEASE AGREEMENTS.—Section 1611(e)(1)(I) of such Act 
(42 U.S.C. 1382(e)(1)(I)) is amended by adding at the 
end the following: 
‘‘(v) The Commissioner shall biennially notify each 
State or local institution comprising a jail, prison, penal 
institution, or correctional facility, and any other State or 
local institution a purpose of which is to confine individ-
uals as described in section 202(x)(1)(A)(ii) of the avail-
ability of the agreements provided for in this subpara-
graph. 
‘‘(vi) The Commissioner shall, from time to time, 
offer institutions described in clause (v) training in enter-
ing into the agreements provided for in this subparagraph. 
‘‘(vii) Within 6 months after the end of each fiscal 
year, the Commissioner shall submit to the Congress a 
written report on the activities conducted pursuant to this 
subparagraph during the fiscal year.’’. 
(d) EFFECTIVE DATE.—Except as provided in sub-
section (b)(2), the amendments made by this section shall 
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take effect on the date of the enactment of this Act, and 
shall apply to benefits payable for months beginning after 
such date. 
SEC. 4. SOCIAL SECURITY BENEFITS. 
(a) PRE-RELEASE
PROCEDURES
FOR
DISABLED 
PRISONERS AND OTHER INDIVIDUALS.— 
(1) IN GENERAL.—Section 202(x) of the Social 
Security Act (42 U.S.C. 402(x)) is amended by add-
ing at the end the following new paragraph: 
‘‘(4) The Commissioner shall develop a system under 
which an individual whose disability insurance benefits 
under section 223 or other benefits under this section 
based on disability have been suspended under this sub-
section by reason of confinement in an institution com-
prising a jail, prison, penal institution, or correctional fa-
cility, or comprising any other institution a purpose of 
which is to confine individuals as described in paragraph 
(1)(A)(ii), can apply for resumption of such benefits prior 
to cessation of such confinement.’’. 
(2) EFFECTIVE DATE.—The Commissioner of 
Social Security shall implement the system described 
in section 202(x)(4) of the Social Security Act (as 
added by this subsection) not later than 180 days 
after the date of the enactment of this Act. 
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(b) COOPERATION OF PENAL INSTITUTIONS IN PRO-
VIDING NOTICE OF PENDING RELEASE OF INMATE AND 
IN ASSISTING SOON TO BE RELEASED INMATES IN HAV-
ING BENEFITS RESUMED.— 
(1) IN
GENERAL.—Section 202(x)(3)(B)(i) of 
such Act (42 U.S.C. 402(x)(3)(B)(i)) is amended— 
(A) in subclause (I), by inserting ‘‘and 
scheduled release’’ after ‘‘commencement’’; and 
(B) in subclause (II)— 
(i) by inserting ‘‘(other than sched-
uled release information)’’ before ‘‘to the 
Commissioner’’; 
(ii) by inserting ‘‘(other than sched-
uled release information)’’ before ‘‘after 30 
days’’; and 
(iii) by inserting ‘‘except that the 
Commissioner shall not make a payment 
under this subclause to an institution if 
the institution does not furnish scheduled 
release information at least 30 days before 
the scheduled release or does not have in 
place personnel and procedures to inform 
and assist inmates scheduled to be released 
in applying to have their benefits under 
this title resumed’’ before the period. 
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(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) shall take effect 1 year after the 
date of the enactment of this Act. 
(3) NOTICE OF REQUIREMENT TO FURNISH IN-
FORMATION
ABOUT
SCHEDULED
RELEASE
OF
IN-
MATES.—The Commissioner of Social Security shall 
notify each institution with which the Commissioner 
has entered into an agreement under section 
202(x)(3)(B)(i) of the Social Security Act of the 
payment restriction added by paragraph (1) of this 
subsection. 
(c) NOTICE AND TRAINING RELATED TO PRE-RE-
LEASE AGREEMENTS.—Section 202(x)(3)(B) of such Act 
(42 U.S.C. 402(x)(3)(B)) is amended by adding at the end 
the following: 
‘‘(v) The Commissioner shall biennially notify each 
State or local institution comprising a jail, prison, penal 
institution, or correctional facility, and any other State or 
local institution a purpose of which is to confine individ-
uals as described in paragraph (1)(A)(ii) of the availability 
of the agreements provided for in this subparagraph. 
‘‘(vi) The Commissioner shall, from time to time, 
offer institutions described in clause (v) training in enter-
ing into the agreements provided for in this subparagraph. 
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‘‘(vii) Within 6 months after the end of each fiscal 
year, the Commissioner shall submit to the Congress a 
written report on the activities conducted pursuant to this 
subparagraph during the fiscal year.’’. 
SEC. 5. MEDICAID BENEFITS. 
(a) TRAINING AND TECHNICAL ASSISTANCE ON SUS-
PENSION OF BENEFITS.— 
(1) IN GENERAL.—The Secretary of Health and 
Human Services shall provide training and technical 
assistance to States (as defined for purposes of title 
XIX of the Social Security Act) regarding proce-
dures States can use to suspend, rather than termi-
nate, medical assistance under such title for individ-
uals during the period they are inmates of public in-
stitutions. 
(2) REPORT.—The Secretary shall submit to 
Congress a report regarding State actions to sus-
pend Medicaid benefits in the manner described in 
paragraph (1). Such report shall include a descrip-
tion of State procedures and best practices regard-
ing such suspensions. 
(b) RESTORATION OF BENEFITS UPON RELEASE.— 
Section 1903 of the Social Security Act (42 U.S.C. 1396b) 
is amended by adding at the end the following new sub-
section: 
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‘‘(aa) SUSPENSION OF MEDICAL ASSISTANCE FOR 
INMATES OF PUBLIC INSTITUTIONS.— 
‘‘(1) INITIAL INCREASE IN FEDERAL MATCHING 
RATE FOR STATE IMPLEMENTING SUSPENSION SYS-
TEM.—For the first 4 calendar quarters beginning 
after the date a State modifies its computer system 
described in subsection (a)(3)(A)(i) so that it can 
easily suspend, rather than terminate, medical as-
sistance under this title for any individual during 
the period that the individual is an inmate of a pub-
lic institution, such subsection shall be applied as if 
the reference to ‘90 percent’ were a reference to ‘95 
percent’. 
‘‘(2) TREATMENT OF INDIVIDUALS RELEASED 
FROM PUBLIC INSTITUTIONS.—If, as of the first day 
of a calendar quarter beginning more than 5 years 
after the date of the enactment of this subsection a 
State has not made the modification described in 
paragraph (1), any resident of the State who— 
‘‘(A) was eligible for medical assistance im-
mediately before becoming an inmate of a pub-
lic institution; and 
‘‘(B) is released during such calendar 
quarter from such institution, 
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shall be presumed eligible for such assistance upon 
such release unless and until there is a determina-
tion that the individual is no longer so eligible. 
‘‘(3) SUSPEND DEFINED.—For purposes of this 
subsection, the term ‘suspend’ means, with respect 
to medical assistance under this title for an indi-
vidual, to place such medical assistance for the indi-
vidual in an inactive status instead of a terminated 
status.’’. 
(c) CLARIFICATION OF TREATMENT OF CERTAIN AD-
MINISTRATIVE EXPENSES.—Nothing in section 1905(a) of 
the Social Security Act (42 U.S.C. 1396d(a)) shall be con-
strued as prohibiting or preventing the provision of Fed-
eral financial participation under section 1903(a) of such 
Act (42 U.S.C. 1396b(a)) to States for reasonable admin-
istrative costs of determining eligibility status of individ-
uals described in section 1903(aa) of such Act, as added 
by subsection (b). 
Æ 
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