[Congressional Record Volume 143, Number 46 (Thursday, April 17, 1997)]
[Senate]
[Page S3315]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        NO CASH TO CONVICTS ACT

  Mr. ABRAHAM. Mr. President, I rise today to cosponsor Senate bill 
438, a bill that will help close a costly loophole in the current 
administration of Social Security benefits. I commend my colleague, 
Senator Grassley, for introducing this important bill, the No Cash to 
Convicts Act. The bill will help the Federal Government identify 
incarcerated prisoners who are receiving Social Security disability 
benefits to which they are not entitled, and will provide that 
prisoners who are incarcerated for even short periods of time are not 
eligible for those cash benefits when they are in prison.
  In the landmark welfare reform legislation enacted last Congress, 
Congress set up a voluntary program between local law enforcement and 
the Federal Government to assist in the identification of prisoners who 
are receiving supplemental security income or SSI benefits. While 
earlier versions of that legislation covered prisoners' receipt of 
Social Security disability benefits as well, the Social Security 
provisions had to be dropped from the final conference report because 
of Senate rules preventing changes to Social Security benefits in a 
reconciliation bill. We should finish the job this Congress and ensure 
that prisoners do not get those cash disability benefits, which would 
be better spent on our law-abiding elderly and disabled.
  By precluding any defendant who is convicted of a criminal offense 
and who is incarcerated from receiving Social Security disability 
benefits, this bill removes an arbitrary and illogical requirement 
under current law that a defendant have been sentenced to at least a 
year in prison to be ineligible for benefits. There is no reason that 
an incarcerated prisoner should receive benefit checks intended to 
provide for necessities like food, shelter, and clothing when the 
prisoner is already receiving those at the expense of the Government.
  The bill also creates financial incentives for State and local law 
enforcement authorities to provide timely information concerning 
prisoners to the Social Security Administration. This will permit the 
Federal Government to check the benefit rolls to see whether prisoners 
are receiving benefits. If the Federal Government identifies any 
instances in which inmates are illegally receiving Social Security 
disability checks, the local authority that provided the information 
will receive a cash payment
  I am glad that this provision is structured to provide an incentive 
system rather than an unfunded mandate, and am pleased to join my 
distinguished colleague from Iowa in sponsoring this much-needed bill.

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