[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 438 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 438

To provide for implementation of prohibitions against payment of Social 
        Security benefits to prisoners, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 13, 1997

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

_______________________________________________________________________

                                 A BILL


 
To provide for implementation of prohibitions against payment of Social 
        Security 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.

    This Act may be cited as the ``No Cash for Convicts Act''.

SEC. 2. TREATMENT OF PRISONERS UNDER TITLES II AND XVI OF THE SOCIAL 
              SECURITY ACT.

    (a) Implementation of Prohibition Against Payment of Title II 
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 shall enter into an agreement, with any 
interested State or local institution comprising a jail, prison, penal 
institution, correctional facility, or other institution a 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 and in a manner specified by the Commissioner, 
        the names, social security account numbers, dates of birth, 
        confinement commencement dates, and, to the extent available to 
        the institution, 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) except as provided in clause (ii), the Commissioner 
        shall pay to the institution, with respect to information 
        described in subclause (I) concerning each individual who is 
        confined therein as described in paragraph (1)(A), to whom a 
        benefit under this title is payable for the month preceding the 
        first month of such confinement, and whose benefit under this 
        title ceases to be payable as a result of the application of 
        this subsection, $400 (subject to reduction under clause (iii)) 
        if the institution furnishes the information to the 
        Commissioner within 30 days after the date such individual's 
        confinement in such institution begins, or $200 (subject to 
        reduction under clause (iii)) if the institution furnishes the 
        information after 30 days after such date but within 90 days 
        after such date.
    ``(ii) No amount shall be payable to an institution with respect to 
information concerning an individual under an agreement entered into 
under clause (i) if, prior to the Commissioner's receipt of the 
information, the Commissioner has determined that benefits under this 
title are no longer payable to such individual as a result of the 
application of this subsection.
    ``(iii) The dollar amounts specified in clause (i)(II) shall be 
reduced by 50 percent if the Commissioner is also required to make a 
payment to the institution with respect to the same individual under an 
agreement entered into under section 1611(e)(1)(I).
    ``(iv) There shall be transferred from the Federal Old-Age and 
Survivors Insurance Trust Fund and the Federal Disability Insurance 
Trust Fund, as appropriate, such sums as may be necessary to enable the 
Commissioner to make payments to institutions required by clause 
(i)(II). Sums so transferred shall be treated as direct spending for 
purposes of the Balanced Budget and Emergency Deficit Control Act of 
1985 and excluded from budget totals in accordance with section 13301 
of the Budget Enforcement Act of 1990.
    ``(v) The Commissioner is authorized to provide, on a reimbursable 
basis, information obtained pursuant to agreements entered into under 
clause (i) to any Federal or federally-assisted cash, food, or medical 
assistance program for eligibility purposes.''.
            (2) Effective date.--The amendments made by this subsection 
        shall apply to individuals whose period of confinement in an 
        institution commences on or after the first day of the fourth 
        month beginning after the month in which this Act is enacted.
    (b) Elimination of Title II Requirement That Confinement Stem From 
Crime Punishable by Imprisonment for More Than 1 Year.--
            (1) In general.--Section 202(x)(1)(A) of such Act (42 
        U.S.C. 402(x)(1)(A)) is amended--
                    (A) in the matter preceding clause (i), by striking 
                ``during'' and inserting ``throughout'';
                    (B) in clause (i), by striking ``an offense 
                punishable by imprisonment for more than 1 year 
                (regardless of the actual sentence imposed)'' and 
                inserting ``a criminal offense''; and
                    (C) in clause (ii)(I), by striking ``an offense 
                punishable by imprisonment for more than 1 year'' and 
                inserting ``a criminal offense''.
            (2) Effective date.--The amendments made by this subsection 
        shall apply to individuals whose period of confinement in an 
        institution commences on or after the first day of the fourth 
        month beginning after the month in which this Act is enacted.
    (c) Inclusion of Title II Issues in Study and Report Requirements 
Relating to Prisoners.--
            (1) Section 203(b)(1) of the Personal Responsibility and 
        Work Opportunity Reconciliation Act of 1996 (Public Law 104-
        193) is amended--
                    (A) in subparagraph (A), by striking ``section 
                1611(e)(1)'' and inserting ``sections 202(x) and 
                1611(e)(1)''; and
                    (B) in subparagraph (B), by striking ``section 
                1611(e)(1)(I)'' and inserting ``section 202(x)(3)(B) or 
                1611(e)(1)(I)''.
            (2) Section 203(c) of such Act is amended by striking 
        ``section 1611(e)(1)(I)'' and all that follows and inserting 
        the following: ``sections 202(x)(3)(B) and 1611(e)(1)(I) of the 
        Social Security Act.''.
            (3) The amendments made by paragraph (1) shall apply as if 
        included in the enactment of section 203(b) of the Personal 
        Responsibility and Work Opportunity Reconciliation Act of 1996 
        (Public Law 104-193). The amendment made by paragraph (2) shall 
        apply as if included in the enactment of section 203(c) of such 
        Act.
    (d) Conforming Title XVI Amendments.--
            (1) Preclusion of title xvi payment when information 
        furnished by an institution is already known by the 
        commissioner.--Section 1611(e)(1)(I) of the Social Security Act 
        (as added by section 203(a)(1) of the Personal Responsibility 
        and Work Opportunity Reconciliation Act of 1996 (Public Law 
        104-193)) is amended--
                    (A) in clause (i)(II), by inserting ``except as 
                provided in clause (ii),'' after ``(II)'';
                    (B) by redesignating clauses (ii) and (iii) as 
                clauses (iv) and (v), respectively; and
                    (C) by inserting after clause (i) the following new 
                clause:
    ``(ii) No amount shall be payable to an institution with respect to 
information concerning an inmate under an agreement entered into under 
clause (i) if, prior to the Commissioner's receipt of the information, 
the Commissioner has determined that the inmate is no longer an 
eligible individual or eligible spouse for purposes of this title as a 
result of the application of this paragraph.''.
            (2) Fifty percent reduction in title xvi payment in case 
        involving comparable title ii payment.--Section 1611(e)(1)(I) 
        of such Act (as amended by paragraph (1)) is amended further--
                    (A) in clause (i)(II), by inserting ``(subject to 
                reduction under clause (iii))'' after ``$400'' and 
                after ``$200''; and
                    (B) by inserting after clause (ii) the following 
                new clause:
    ``(iii) The dollar amounts specified in clause (i)(II) shall be 
reduced by 50 percent if the Commissioner is also required to make a 
payment to the institution with respect to the same individual under an 
agreement entered into under section 202(x)(3)(B).''.
            (3) Expansion of categories of institutions eligible to 
        enter into agreements with the commissioner.--Section 
        1611(e)(1)(I)(i) of such Act (as added by section 203(a)(1) of 
        the Personal Responsibility and Work Opportunity Reconciliation 
        Act of 1996 (Public Law 104-193)) is amended in the matter 
        preceding subclause (I) by striking ``institution'' and all 
        that follows through ``section 202(x)(1)(A),'' and inserting 
        ``institution comprising a jail, prison, penal institution, or 
        correctional facility, or with any other interested State or 
        local institution a purpose of which is to confine individuals 
        as described in section 202(x)(1)(A)(ii),''.
            (4) Limitation on categories of inmates with respect to 
        whom payment may be made.--Section 1611(e)(1)(I)(i)(II) of such 
        Act (as added by section 203(a)(1) of the Personal 
        Responsibility and Work Opportunity Reconciliation Act of 1996 
        (Public Law 104-193)) is amended by striking ``inmate of the 
        institution'' and all that follows through ``in such 
        institution and'' and inserting ``individual who is eligible 
        for a benefit under this title for the month preceding the 
        first month throughout which the individual is an inmate of the 
        jail, prison, penal institution, or correctional facility, or 
        is confined in the institution as described in section 
        202(x)(1)(A)(ii), and who''.
            (5) Technical correction.--Section 1611(e)(1)(I)(i)(II) of 
        such Act (as amended by the preceding provisions of this 
        subsection) is amended further by striking ``subparagraph'' and 
        inserting ``paragraph''.
            (6) Effective date.--The amendments made by this subsection 
        shall apply as if included in the enactment of section 203(a) 
        of the Personal Responsibility and Work Opportunity 
        Reconciliation Act of 1996 (Public Law 104-193). The references 
        to section 202(x)(1)(A)(ii) of the Social Security Act in 
        section 1611(e)(1)(I)(i) of such Act as amended by paragraphs 
        (3) and (4) shall be deemed a reference to such section 
        202(x)(1)(A)(ii) as amended by subsection (b)(1)(C).
    (e) Exemption From Computer Matching Requirements.--
            (1) In general.--Section 552a(a)(8)(B) of title 5, United 
        States Code, is amended--
                    (A) by striking ``or'' at the end of clause (vi); 
                and
                    (B) by inserting after clause (vii) the following 
                new clauses:
                            ``(viii) matches performed pursuant to 
                        section 202(x) or 1611(e)(1) of the Social 
                        Security Act; or
                            ``(ix) matches performed pursuant to 
                        section 205(j)(1)(A), 205(j)(5), 
                        1631(a)(2)(A)(ii), 1631(a)(2)(A)(iii), or 
                        1631(a)(2)(E) of the Social Security Act;''.
            (2) Conforming amendment.--Section 1611(e)(1)(I)(iv) of the 
        Social Security Act (as added by section 203(a)(1) of the 
        Personal Responsibility and Work Opportunity Reconciliation Act 
        of 1996 (Public Law 104-193) and redesignated by subsection 
        (d)(1)(B)) is amended further by striking ``(I) The 
        provisions'' and all that follows through ``(II) The 
        Commissioner'' and inserting ``The Commissioner''.
            (3) Effective date.--The amendments made by this subsection 
        shall take effect on the date of the enactment of this Act.
                                 <all>