[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1918 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 1918

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 25, 1999

Mr. Herger (for himself, Mr. Clement, Mr. Crane, Mr. Ramstad, Ms. Dunn, 
   Mr. Watkins, Mr. Hayworth, Mr. Weller, Mr. Foley, and Mr. Tanner) 
 introduced the following bill; which was referred to the Committee on 
                             Ways and Means

_______________________________________________________________________

                                 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 ``Criminal Welfare Prevention Act, 
Part II''.

SEC. 2. IMPLEMENTATION OF PROHIBITION AGAINST PAYMENT OF TITLE II 
              BENEFITS TO PRISONERS.

    (a) In General.--Section 202(x)(3) of the Social Security 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 new subparagraph:
    ``(B)(i) The Commissioner shall enter into an agreement under this 
subparagraph with any interested State or local institution comprising 
a jail, prison, penal institution, or correctional facility, or 
comprising any other institution a purpose of which is to confine 
individuals as described in paragraph (1)(A)(ii). Under such 
agreement--
            ``(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) 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), who receives a benefit under this title for 
        the month preceding the first month of such confinement, and 
        whose benefit under this title is determined by the 
        Commissioner to be not payable by reason of confinement based 
        on the information provided by the institution, $400 (subject 
        to reduction under clause (ii)) 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 (ii)) if the 
        institution furnishes the information after 30 days after such 
        date but within 90 days after such date.
    ``(ii) 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).
    ``(iii) The provisions of section 552a of title 5, United States 
Code, shall not apply to any agreement entered into under clause (i) or 
to information exchanged pursuant to such agreement.
    ``(iv) There is authorized to 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).
    ``(v) The Commissioner is authorized to provide, on a reimbursable 
basis, information obtained pursuant to agreements entered into under 
clause (i) to any agency administering a Federal or federally-assisted 
cash, food, or medical assistance program for eligibility purposes.''.
    (b) Effective Date.--The amendments made by this section 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.

SEC. 3. ELIMINATION OF TITLE II REQUIREMENT THAT CONFINEMENT STEM FROM 
              CRIME PUNISHABLE BY IMPRISONMENT FOR MORE THAN 1 YEAR.

    (a) In General.--Section 202(x)(1)(A) of the Social Security Act 
(42 U.S.C. 402(x)(1)(A)) is amended--
            (1) in the matter preceding clause (i), by striking 
        ``during'' and inserting ``throughout'';
            (2) 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
            (3) in clause (ii)(I), by striking ``an offense punishable 
        by imprisonment for more than 1 year'' and inserting ``a 
        criminal offense''.
    (b) Effective Date.--The amendments made by this section 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.

SEC. 4. CONFORMING TITLE XVI AMENDMENTS.

    (a) Fifty Percent Reduction in Title XVI Payment in Case Involving 
Comparable Title II Payment.--Section 1611(e)(1)(I) of the Social 
Security Act (42 U.S.C. 1382(e)(1)(I)) is amended--
            (1) in clause (i)(II), by inserting ``(subject to reduction 
        under clause (ii))'' after ``$400'' and after ``$200'';
            (2) by redesignating clauses (ii) and (iii) as clauses 
        (iii) and (iv) respectively; and
            (3) by inserting after clause (i) the following new clause:
    ``(ii) 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).''.
    (b) Expansion of Categories of Institutions Eligible to Enter Into 
Agreements With the Commissioner.--Section 1611(e)(1)(I)(i) of such Act 
(42 U.S.C. 1382(e)(1)(I)(i)) 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),''.
    (c) Effective Date.--The amendments made by this section shall take 
effect 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; 110 Stat. 2186). The reference 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 subsection (b) shall be deemed a reference to 
such section 202(x)(1)(A)(ii) as amended by section 3(a)(3).
                                 <all>