I
104TH CONGRESS
1ST SESSION
H. R. 2320
To provide for the more effective implementation of the prohibition against
the payment to prisoners of supplemental security income benefits under
title XVI of the Social Security Act or monthly insurance benefits under
title II of such Act, and to deny such supplemental security income
benefits for 10 years to a person found to have fraudulently obtained
such benefits while in prison.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 13, 1995
Mr. HERGER (for himself, Mr. CLEMENT, Mr. SHAW, Mr. BURR, Mr. KLECZ-
KA, Mr. COLLINS of Georgia, Mr. FOX of Pennsylvania, Mr. BEREUTER,
Mrs. JOHNSON of Connecticut, Mr. HEFLEY, Mr. CONDIT, Mr. COOLEY,
Mr. GORDON, Mr. HOLDEN, Mr. BRYANT of Texas, Mr. BOEHNER, Mr.
LAUGHLIN, and Mr. CAMP) introduced the following bill; which was re-
ferred to the Committee on Ways and Means
A BILL
To provide for the more effective implementation of the pro-
hibition against the payment to prisoners of supplemental
security income benefits under title XVI of the Social
Security Act or monthly insurance benefits under title
II of such Act, and to deny such supplemental security
income benefits for 10 years to a person found to have
fraudulently obtained such benefits while in prison.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. IMPLEMENTATION OF PROHIBITION AGAINST
PAYMENT OF BENEFITS TO PRISONERS.
(a) SSI BENEFITS.—Section 1611(e)(1) of the Social
Security Act (42 U.S.C. 1382(e)(1)) is amended by adding
at the end the following:
‘‘(I) The Commissioner shall enter into a contract
with any interested State or local institution referred to
in subparagraph (A), under which—
‘‘(i) the institution shall provide to the Commis-
sioner, on a monthly basis, the names of, and other
identifying information about, the inmates of the in-
stitution; and
‘‘(ii) the Commissioner shall pay to the institu-
tion, with respect to each inmate of the institution
who, by reason of this paragraph, is ineligible for a
benefit under this title, and who is found by the
Commissioner to have been erroneously paid a bene-
fit under this title while such an inmate, an amount
equal to 50 percent of the monthly amount most re-
cently erroneously so paid to the inmate.’’.
(b) OASDI BENEFITS.—Section 202(x)(3) of such
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:
‘‘(B) The Commissioner shall enter into a contract
with any interested State or local institution described in
clause (i) or (ii) of paragraph (1)(A) the primary purpose
of which is to confine individuals as described in para-
graph (1)(A), under which—
‘‘(i) the institution shall provide to the Commis-
sioner, on a monthly basis, the names of, and other
identifying information about, the individuals so con-
fined in the institution; and
‘‘(ii) the Commissioner shall pay to any such in-
stitution, with respect to each individual found by
the Commissioner to have been erroneously paid a
benefit under this title while so confined in the insti-
tution, an amount equal to 50 percent of the month-
ly amount most recently erroneously so paid to the
individual.’’.
SEC. 2. DENIAL OF SSI BENEFITS FOR 10 YEARS TO A PER-
SON FOUND TO HAVE FRAUDULENTLY OB-
TAINED SSI BENEFITS WHILE IN PRISON.
Section 1611(e)(1) of the Social Security Act (42
U.S.C. 1382(e)(1)), as amended by section 1 of this Act,
is amended by adding at the end the following:
‘‘(J) A person shall not be an eligible individual or
eligible spouse for purposes of this title if—
‘‘(i) the Commissioner finds that the person has
made a fraudulent statement or representation in
order to obtain benefits under this title while serving
a prison sentence; and
‘‘(ii) the 10-year period that begins with the
date the person has completed the sentence has not
expired.’’.
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