[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1789 Introduced in Senate (IS)]







104th CONGRESS
  2d Session
                                S. 1789

To amend the Social Security Act to deny the payment of social security 
 and supplemental security income benefits to prisoners, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 22, 1996

   Mr. Helms introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
To amend the Social Security Act to deny the payment of social security 
 and supplemental security income benefits to prisoners, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    The short title of this Act may be cited as the ``Prevention of 
Prisoner Double-Dipping Act''.

SEC. 2. TREATMENT OF PRISONERS.

    (a) Denial of Benefits to Individuals Jailed on Felony Charges.--
            (1) In general.--Section 202(x)(1)(A) of the Social 
        Security Act (42 U.S.C. 402(x)(1)(A)) is amended by striking 
        ``or'' at the end of clause (i), by striking the period at the 
        end of clause (ii) and inserting ``, or'', and by adding at the 
        end the following new clause:
            ``(iii) is confined in a jail, prison, or other penal 
        institution or correctional facility pursuant to a charge of an 
        offense punishable by imprisonment for more than 1 year, but 
        only with respect to months after the first 30 days of such 
        confinement.''.
            (2) Conforming amendment.--Section 202(x)(1)(B)(i) of such 
        Act (42 U.S.C. 402(x)(1)(B)(i)) is amended by striking ``clause 
        (i)'' and inserting ``clauses (i) and (iii)''.
            (3) Study of methods to insure the collection of 
        information respecting public inmates.--
                    (A) Study.--The Commissioner of Social Security 
                shall conduct a study regarding methods to insure the 
                timely and accurate reporting of information respecting 
                court orders by which individuals described in section 
                202(x)(1)(A)(iii) of the Social Security Act (402 
                U.S.C. 402(x)(1)(A)(iii)) are confined in jails, 
                prisons, or other public penal, correctional, or 
                medical facilities as the Commissioner may require for 
                the purpose of carrying out section 202(x) and 
                1611(e)(1) of such Act (42 U.S.C. 402(x) and 
                1382(e)(1)).
                    (B) Report.--Not later than 1 year after the date 
                of the enactment of this Act, the Commissioner of 
                Social Security shall submit a report on the results of 
                the study conducted pursuant to this paragraph to the 
                Committee on Finance of the Senate and the Committee on 
                Ways and Means of the House of Representatives.
            (4) Effective date.--The amendments made by this subsection 
        shall apply to payments made for months beginning after the 
        date of the enactment of this Act.
    (b) Implementation of Prohibition Against Payment of Benefits to 
Prisoners.--
            (1) In general.--Section 202(x)(3) of the Social Security 
        Act (42 U.S.C. 402(x)(3)) is amended--
                    (A) by inserting ``(A)'' after ``(3)''; and
                    (B) by adding at the end the following new 
                subparagraph:
    ``(B)(i) The Commissioner is authorized to 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 paragraph (1)(A), under which--
            ``(I) the institution shall provide to the Commissioner, on 
        a monthly basis, the names, social security account numbers, 
        dates of birth, and 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 is authorized to pay to any such 
        institution, with respect to each individual who is entitled to 
        a benefit under this title for the month preceding the first 
        month throughout which such individual is confined in such 
        institution as described in paragraph (1)(A), an amount 
        determined by the Commissioner.
    ``(ii) The provisions of section 552a of title 5, United States 
Code, shall not apply to any contract entered into under clause (i) or 
to information exchanged pursuant to such contract.''.
            (2) Conforming ssi amendments.--Section 1611(e)(1) of such 
        Act (42 U.S.C. 1382(e)(1)) is amended by adding at the end the 
        following new subparagraph:
    ``(I)(i) The Commissioner is authorized to 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 Commissioner, on 
        a monthly basis, the names, social security account numbers, 
        dates of birth, and such other identifying information 
        concerning the inmates of the institution as the Commissioner 
        may require for the purpose of carrying out this paragraph; and
            ``(II) the Commissioner is authorized to pay to any such 
        institution, with respect to each inmate of the institution who 
        is eligible for a benefit under this title for the month 
        preceding the first month throughout which such inmate is in 
        such institution and becomes ineligible for such benefit (or 
        becomes eligible only for a benefit payable at a reduced rate) 
        as a result of the application of this paragraph, an amount 
        determined by the Commissioner.
    ``(ii) The provisions of section 552a of title 5, United States 
Code, shall not apply to any contract entered into under clause (i) or 
to information exchanged pursuant to such contract.''.

SEC. 3. CIVIL MONETARY PENALTIES FOR FRAUDULENT USE OF SOCIAL SECURITY 
              ACCOUNT NUMBERS AND CARDS.

    (a) In General.--Subsection (a) of section 1129 of the Social 
Security Act (42 U.S.C. 1320a-8) is amended by redesignating paragraph 
(2) as paragraph (3) and by inserting after paragraph (1) the following 
new paragraph:
    ``(2) Any person who--
            ``(1) willfully, knowingly, and with intent to deceive, 
        uses a social security account number assigned on the basis of 
        false information provided by such person or another person;
            ``(2) with intent to deceive, falsely represents a number 
        to be a social security account number;
            ``(3) knowingly alters a social security card;
            ``(4) buys or sells a card that is, or purports to be, a 
        social security card;
            ``(5) possesses a social security card or counterfeit card 
        with the intent to sell or alter such card; or
            ``(6) discloses, uses, or compels the disclosure of the 
        social security account number of any person in violation of 
        the law,
shall be subject to, in addition to any other penalties that may be 
prescribed by law, a civil money penalty of not more than $5,000 for 
each offense. Such person also shall be subject to an assessment, in 
lieu of damages sustained by the United States because of such offense, 
of not more than 5 times the amount of benefits or payments paid under 
titles II and XVI as a result of such offense.''.
    (b) Conforming Amendment.--Paragraph (1) of section 1129(c) of such 
Act (42 U.S.C. 1320a-8(c)) is amended by striking ``statements and 
representations'' and inserting ``actions''.
    (c) Effective Date.--The amendments made by this section shall 
apply to conduct occurring on or after the date of the enactment of 
this Act.

SEC. 4. ADDITIONAL RESOURCES TO COMBAT FRAUD IN THE SOCIAL SECURITY 
              SYSTEM.

    (a) Authorization of Appropriations.--Out of any money in the 
Treasury not otherwise appropriated, there are authorized to be 
appropriated, to remain available without fiscal year limitation, 
$50,000,000 for the Commissioner of Social Security through the Office 
of Inspector General to utilize only for increasing the number of 
investigators and auditors charged with pursuing charges of fraud 
against the programs under titles II and XVI of the Social Security 
Act.
    (b) Additional Funds.--Amounts appropriated under subsection (a) 
shall be in addition to any funds otherwise appropriated for the 
purposes described in subsection (a).

SEC. 5. STUDY REGARDING REVIEW AND APPEALS PROCESS.

    (a) Study.--The Commissioner of Social Security shall conduct a 
study regarding methods to streamline the review and appeals process 
under title II and XVI of the Social Security Act.
    (b) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Commissioner of Social Security shall submit a report 
on the results of the study conducted pursuant to this section to the 
Committee on Finance of the Senate and the Committee on Ways and Means 
of the House of Representatives.
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