II 
111TH CONGRESS 
1ST SESSION H. R. 4218 
IN THE SENATE OF THE UNITED STATES 
DECEMBER 8, 2009 
Received 
AN ACT 
To amend titles II and XVI of the Social Security Act 
to prohibit retroactive payments to individuals during 
periods for which such individuals are prisoners, fugitive 
felons, or probation or parole violators. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘No Social Security 
Benefits for Prisoners Act of 2009’’. 
SEC. 2. PROHIBITION OF RETROACTIVE TITLE II AND TITLE 
XVI PAYMENTS TO PRISONERS, FUGITIVE 
FELONS, AND PROBATION OR PAROLE VIOLA-
TORS. 
(a) 
AMENDMENTS
TO
TITLE
II.—Section 
204(a)(1)(B) of the Social Security Act (42 U.S.C. 
404(a)(1)(B)) is amended— 
(1) by striking ‘‘(B) With’’ and inserting 
‘‘(B)(i) Subject to clause (ii), with’’; and 
(2) by adding at the end the following: 
‘‘(ii) No payment shall be made under this sub-
paragraph to any person during any period for 
which monthly insurance benefits of such person— 
‘‘(I) are subject to nonpayment by reason 
of section 202(x)(1), or 
‘‘(II) in the case of a person whose month-
ly insurance benefits have terminated for a rea-
son other than death, would be subject to non-
payment by reason of section 202(x)(1) but for 
the termination of such benefits, 
until section 202(x)(1) no longer applies, or would 
no longer apply in the case of benefits that have ter-
minated. 
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‘‘(iii) Nothing in clause (ii) shall be construed 
to limit the Commissioner’s authority to withhold 
amounts, make adjustments, or recover amounts due 
under this title, title VIII or title XVI that would be 
deducted from a payment that would otherwise be 
payable to such person but for such clause.’’. 
(b) AMENDMENTS TO TITLE XVI.—Section 1631(b) 
of such Act (42 U.S.C. 1383(b)) is amended by adding 
at the end the following new paragraph: 
‘‘(7)(A) In the case of payment of less than the cor-
rect amount of benefits to or on behalf of any individual, 
no payment shall be made to such individual pursuant to 
this subsection during any period for which such indi-
vidual— 
‘‘(i) is not an eligible individual or eligible 
spouse under section 1611(e)(1) because such indi-
vidual is an inmate of a public institution that is a 
jail, prison, or other penal institution or correctional 
facility the purpose of which is to confine individuals 
as described in clause (ii) or (iii) of section 
202(x)(1)(A), or 
‘‘(ii) is not an eligible individual or eligible 
spouse under section 1611(e)(4), 
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until such person is no longer considered an ineligible indi-
vidual or ineligible spouse under section 1611(e)(1) or 
1611(e)(4). 
‘‘(B) Nothing in subparagraph (A) shall be construed 
to limit the Commissioner’s authority to withhold 
amounts, make adjustments, or recover amounts due 
under this title, title II, or title VIII that would be de-
ducted from a payment that would otherwise be payable 
to such individual but for such subparagraph.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall be effective for payments that would oth-
erwise be made on or after the date of the enactment of 
this Act. 
Passed the House of Representatives December 8, 
2009. 
Attest: 
LORRAINE C. MILLER, 
Clerk. 
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