I
103D CONGRESS
1ST SESSION
H. R. 2161
To amend title II of the Social Security Act to expand current restrictions
on payment of benefits to prisoners by clarifying the types of offenses
with respect to which such restrictions are applied, by including under
such restrictions payments to individuals confined for substantial periods
to public institutions pursuant to court order based on a verdict that
the individual is not guilty of a criminal offense by reason of insanity
or a similar finding, and by eliminating the rehabilitation exemption.
IN THE HOUSE OF REPRESENTATIVES
MAY 19, 1993
Mr. FRANKS of New Jersey introduced the following bill; which was referred
to the Committee on Ways and Means
A BILL
To amend title II of the Social Security Act to expand
current restrictions on payment of benefits to prisoners
by clarifying the types of offenses with respect to which
such restrictions are applied, by including under such
restrictions payments to individuals confined for substan-
tial periods to public institutions pursuant to court order
based on a verdict that the individual is not guilty of
a criminal offense by reason of insanity or a similar
finding, and by eliminating the rehabilitation exemption.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. RESTRICTIONS ON PAYMENT OF BENEFITS TO
PRISONERS AND CERTAIN OTHER INMATES
OF PUBLIC INSTITUTIONS.
(a) IN GENERAL.—Section 202(x)(1) of the Social
Security Act (42 U.S.C. 402(x)(1)) is amended to read
as follows:
‘‘(x)(1) Notwithstanding any other provision of this
title, no monthly benefits shall be paid under this section
or under section 223 to any individual for any month—
‘‘(A) during which such individual is confined in
a jail, prison, or other penal institution or correc-
tional facility, pursuant to his conviction of an of-
fense for which the specified maximum term of con-
finement is at least 6 months, or
‘‘(B) for which such individual is confined in
any public institution by a court order pursuant to
a verdict that the individual is not guilty of an of-
fense described in subparagraph (A) by reason of in-
sanity (or by reason of a similar finding, such as a
mental disease, a mental defect, or mental incom-
petence) and which constitutes the seventh or a sub-
sequent consecutive month for which such individual
has been so confined.’’.
(b) CONFORMING AMENDMENTS.—
(1) Section 202(x)(3) of such Act (42 U.S.C.
402(x)(3)) is amended by striking ‘‘any individual’’
and all that follows and inserting ‘‘any individual
confined as described in paragraph (1) if the jail,
prison, penal institution, correctional facility, or
other public institution to which such individual is so
confined is under the jurisdiction of such agency and
the Secretary requires such information to carry out
the provisions of this section.’’.
(2) The heading for section 202(x) of such Act
is amended by inserting ‘‘and Certain Other Inmates
of Public Institutions’’ after ‘‘Prisoners’’.
SEC. 2. EFFECTIVE DATE.
The amendments made by section 1 shall apply with
respect to benefits for months commencing after 90 days
after the date of the enactment of this Act.
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