[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4218 Enrolled Bill (ENR)]

        H.R.4218

                      One Hundred Eleventh Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Tuesday,
             the sixth day of January, two thousand and nine


                                 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 Representatives of the 
United States of America in Congress assembled,
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 VIOLATORS.
    (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 subparagraph 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 monthly insurance 
        benefits have terminated for a reason other than death, would 
        be subject to nonpayment 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 terminated.
        ``(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 correct 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 individual--
        ``(i) is not an eligible individual or eligible spouse under 
    section 1611(e)(1) because such individual 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),
until such person is no longer considered an ineligible individual 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 deducted 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 otherwise be made on or after the 
date of the enactment of this Act.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.