I

104TH CONGRESS

1ST SESSION H. R. 118

To eliminate certain welfare benefits with respect to fugitive felons and

probation and parole violators, and to facilitate sharing of information

with police officers.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 4, 1995

Mr. BLUTE introduced the following bill; which was referred to the Committee

on Ways and Means, and in addition to the Committees on Commerce,

Agriculture, and Banking and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of

such provisions as fall within the jurisdiction of the committee concerned

A BILL

To eliminate certain welfare benefits with respect to fugitive

felons and probation and parole violators, and to facilitate sharing of information with police officers.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Fugitive Felon Welfare

5 Elimination Act of 1995’’.
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1 SEC. 2. ELIMINATION OF WELFARE BENEFITS WITH RE2 SPECT TO FUGITIVE FELONS AND PROBA3 TION AND PAROLE VIOLATORS.

4 (a) MEDICAID PROGRAM.—

5 (1) INELIGIBILITY FOR MEDICAL ASSIST6 ANCE.—Section 1902(a) of the Social Security Act

7 (42 U.S.C. 1396a(a)) is amended—

8 (A) by striking ‘‘and’’ at the end of para9 graph (61);

10 (B) by striking the period at the end of

11 paragraph (62) and inserting ‘‘; and’’; and

12 (C) by inserting after paragraph (62) the

13 following new paragraph:

14 ‘‘(63) provided that no medical assistance shall

15 be available under the plan to any individual who—

16 ‘‘(A) is fleeing to avoid prosecution, or cus17 tody or confinement after conviction, under the

18 laws of the place from which the individual flees

19 for a crime (or attempt to commit a crime)

20 which is a felony (or, if the place from which

21 the individual flees is New Jersey, a high mis22 demeanor) under the laws of such place; or

23 ‘‘(B) is violating a condition of probation

24 or parole imposed under Federal or State law.’’.

25 (2) EXCHANGE OF INFORMATION WITH LAW

26 ENFORCEMENT AGENCIES.—Section 1902(a)(7) of
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1 such Act (42 U.S.C. 1396a(a)(7)) is amended by

2 striking the semicolon and inserting the following: ‘‘,

3 except that nothing in this paragraph shall be con4 strued to prevent the State agency from furnishing

5 a Federal, State, or local law enforcement officer

6 with the current address of a recipient at the offi7 cer’s request if the officer notifies the agency that—

8 ‘‘(A) the recipient is fleeing to avoid pros9 ecution, or custody or confinement after convic10 tion, under the laws of the place from which the

11 recipient flees for a crime (or attempt to com12 mit a crime) which is a felony (or, if the place

13 from which the recipient flees is New Jersey, a

14 high misdemeanor) under the laws of such

15 place, or is violating a condition of probation or

16 parole imposed under Federal or State law,

17 ‘‘(B) the location or apprehension of the

18 recipient is within the officer’s official duties,

19 and

20 ‘‘(C) the request is made in the proper ex21 ercise of the officer’s official duties;’’.

22 (b) AFDC PROGRAM.—

23 (1) INELIGIBILITY FOR AID.—Section 402(a) of

24 the Social Security Act (42 U.S.C. 602(a)) is

25 amended—
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1 (A) by striking ‘‘and’’ at the end of para2 graph (44);

3 (B) by striking the period at the end of

4 paragraph (45) and inserting ‘‘; and’’; and

5 (C) by inserting after paragraph (45) the

6 following:

7 ‘‘(46) provide that aid shall not be payable

8 under the State plan with respect to any individual

9 who is—

10 ‘‘(A) fleeing to avoid prosecution, or cus11 tody or confinement after conviction, under the

12 laws of the place from which the individual

13 flees, for a crime, or an attempt to commit a

14 crime, which is a felony under the laws of the

15 place from which the individual flees, or which,

16 in the case of the State of New Jersey, is a

17 high misdemeanor under the laws of such State;

18 or

19 ‘‘(B) violating a condition of probation or

20 parole imposed under Federal or State law.’’.

21 (2) EXCHANGE OF INFORMATION WITH LAW

22 ENFORCEMENT AGENCIES.—Section 402(a)(9) of

23 such Act (42 U.S.C. 602(a)(9)) is amended by strik24 ing ‘‘State or local’’ through ‘‘official duties’’ and in25 serting ‘‘Federal, State, or local law enforcement of-
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1 ficer, upon such officer’s request, with the current

2 address of any recipient if the officer furnishes the

3 agency with such recipient’s name and notifies the

4 agency that such recipient is fleeing to avoid pros5 ecution, or custody or confinement after conviction,

6 under the laws of the place from which the recipient

7 flees, for a crime, or an attempt to commit a crime,

8 which is a felony under the laws of the place from

9 which the recipient flees, or which, in the case of the

10 State of New Jersey, is a high misdemeanor under

11 the laws of such State, or is violating a condition of

12 probation or parole imposed under Federal or State

13 law, or has information that is necessary for the of14 ficer to conduct the officer’s official duties, that the

15 location or apprehension of such recipient is within

16 the officer’s official duties’’.

17 (c) FOOD STAMP PROGRAM.—

18 (1) INELIGIBILITY FOR FOOD STAMPS.—Section

19 6 of the Food Stamp Act of 1977 (7 U.S.C. 2015)

20 is amended by adding at the end the following:

21 ‘‘(j) No member of a household who is otherwise eligi22 ble to participate in the food stamp program shall be eligi23 ble to participate in the program as a member of that or

24 any other household while the individual is—
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1 ‘‘(1) fleeing to avoid prosecution, or custody or

2 confinement after conviction, under the laws of the

3 place from which he flees, for a crime, or an attempt

4 to commit a crime, which is a felony under the laws

5 of the place from which he flees, or which, in the

6 case of the State of New Jersey, is a high mis7 demeanor under the laws of such State; or

8 ‘‘(2) violating a condition of probation or parole

9 imposed under Federal or State law.’’.

10 (2) EXCHANGE OF INFORMATION WITH LAW

11 ENFORCEMENT OFFICERS.—Section 11(e)(8) of such

12 Act (7 U.S.C. 2020(e)(8)) is amended—

13 (A) by striking ‘‘and (C)’’ and inserting

14 ‘‘(C)’’; and

15 (B) by inserting before the semicolon at

16 the end the following: ‘‘, (D) notwithstanding

17 any other provision of law, the address of a

18 member of a household shall be made available,

19 on request, to a Federal, State, or local law en20 forcement officer if the officer furnishes the

21 State agency with the name of the member and

22 notifies the agency that (i) the member (I) is

23 fleeing to avoid prosecution, or custody or con24 finement after conviction, under the laws of the

25 place from which he flees, for a crime, or an at-
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1 tempt to commit a crime, which is a felony

2 under the laws of the place from which he flees,

3 or which, in the case of the State of New Jer4 sey, is a high misdemeanor under the laws of

5 such State, or is violating a condition of proba6 tion or parole imposed under Federal or State

7 law, or (II) has information that is necessary

8 for the officer to conduct the officer’s official

9 duties, (ii) the location or apprehension of the

10 member is within the official duties of the offi11 cer, and (iii) the request is made in the proper

12 exercise of the duties, and’’.

13 (d) SSI PROGRAM.—

14 (1) INELIGIBILITY FOR AID.—Section 1611(e)

15 of the Social Security Act (42 U.S.C. 1382(e)) is

16 amended by inserting after paragraph (3) the follow17 ing:

18 ‘‘(4) A person shall not be an eligible individual

19 or eligible spouse for purposes of this title with re20 spect to any month if, throughout the month, the

21 person is—

22 ‘‘(A) fleeing to avoid prosecution, or cus23 tody or confinement after conviction, under the

24 laws of the place from which the person flees,

25 for a crime, or an attempt to commit a crime,
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1 which is a felony under the laws of the place

2 from which the person flees, or which, in the

3 case of the State of New Jersey, is a high mis4 demeanor under the laws of such State; or

5 ‘‘(B) violating a condition of probation or

6 parole imposed under Federal or State law.’’.

7 (2) EXCHANGE OF INFORMATION WITH LAW

8 ENFORCEMENT AGENCIES.—Section 1631(e) of such

9 Act (42 U.S.C. 1383(e)) is amended by inserting

10 after paragraph (3) the following:

11 ‘‘(4) Notwithstanding any other provision of law, the

12 Secretary shall furnish any Federal, State, or local law

13 enforcement officer, upon such officer’s request, with the

14 current address of any recipient of benefits under this

15 title, if the officer furnishes the agency with such recipi16 ent’s name and notifies the agency that—

17 ‘‘(A) such recipient—

18 ‘‘(i) is fleeing to avoid prosecution, or cus19 tody or confinement after conviction, under the

20 laws of the place from which the person flees,

21 for a crime, or an attempt to commit a crime,

22 which is a felony under the laws of the place

23 from which the person flees, or which, in the

24 case of the State of New Jersey, is a high mis25 demeanor under the laws of such State;
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1 ‘‘(ii) is violating a condition of probation or

2 parole imposed under Federal or State law; or

3 ‘‘(iii) has information that is necessary for

4 the officer to conduct the officer’s official du5 ties;

6 ‘‘(B) the location or apprehension of such recip7 ient is within the officer’s official duties; and

8 ‘‘(C) the request is made in the proper exercise

9 of those duties.’’.

10 (e) HOUSING PROGRAMS.—

11 (1) ELIGIBILITY FOR ASSISTANCE.—The United

12 States Housing Act of 1937 (42 U.S.C. 1437 et

13 seq.) is amended—

14 (A) in section 6(l)—

15 (i) in paragraph (5), by striking

16 ‘‘and’’ at the end;

17 (ii) in paragraph (6), by striking the

18 period at the end and inserting ‘‘; and’’;

19 and

20 (iii) by inserting after paragraph (6)

21 the following new paragraph:

22 ‘‘(7) provide that it shall be cause for imme23 diate termination of the tenancy of a public housing

24 tenant if such tenant—
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1 ‘‘(A) is fleeing to avoid prosecution, or cus2 tody or confinement after conviction, under the

3 laws of the place from which the tenant flees,

4 for a crime, or an attempt to commit a crime,

5 which is a felony under the laws of the place

6 from which the tenant flees, or which, in the

7 case of New Jersey, is a high misdemeanor

8 under the laws of such State; or

9 ‘‘(B) is violating a condition of probation

10 or parole imposed under Federal or State law.’’;

11 and

12 (B) in section 8(d)(1)(B)—

13 (i) in clause (iii), by striking ‘‘and’’ at

14 the end;

15 (ii) in clause (iv), by striking the pe16 riod at the end and inserting ‘‘; and’’; and

17 (iii) by adding after clause (iv) the

18 following new clause:

19 ‘‘(v) it shall be cause for immediate

20 termination of the tenancy of a tenant if

21 such tenant—

22 ‘‘(I) is fleeing to avoid prosecu23 tion, or custody or confinement after

24 conviction, under the laws of the place

25 from which the tenant flees, for a
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1 crime, or an attempt to commit a

2 crime, which is a felony under the

3 laws of the place from which the ten4 ant flees, or which, in the case of New

5 Jersey, is a high misdemeanor under

6 the laws of such State; or

7 ‘‘(II) is violating a condition of

8 probation or parole imposed under

9 Federal or State law;’’.

10 (2) PROVISION OF INFORMATION TO LAW EN11 FORCEMENT AGENCIES.—Title I of the United

12 States Housing Act of 1937 (42 U.S.C. 1437 et

13 seq.) is amended by adding at the end the following

14 new section:

15 ‘‘SEC. 26. PROVISION OF INFORMATION TO LAW ENFORCE16 MENT AND OTHER AGENCIES.

17 ‘‘(a) EXCHANGE OF INFORMATION WITH LAW EN18 FORCEMENT AGENCIES.—Notwithstanding any other pro19 vision of law, each public housing agency that enters into

20 a contract for assistance under section 6 or 8 of this Act

21 with the Secretary shall furnish to any Federal, State, or

22 local law enforcement agency, upon request, the current

23 address of any recipient of assistance under this Act if

24 the law enforcement agency—
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1 ‘‘(1) furnishes the public housing agency with

2 such recipient’s name; and

3 ‘‘(2) notifies such agency that—

4 ‘‘(A) such recipient—

5 ‘‘(i) is fleeing to avoid prosecution, or

6 custody or confinement after conviction,

7 under the laws of the place from which the

8 recipient flees, for a crime, or an attempt

9 to commit a crime, which is a felony under

10 the laws of the place from which the recipi11 ent flees, or which, in the case of New Jer12 sey, is a high misdemeanor under the laws

13 of such State;

14 ‘‘(ii) is violating a condition of proba15 tion or parole imposed under Federal or

16 State law; or

17 ‘‘(iii) has information that is nec18 essary for the officer to conduct the offi19 cer’s official duties;

20 ‘‘(B) the location or apprehension of such

21 recipient is within the official duties of the

22 agency; and

23 ‘‘(C) the request is made in the proper ex24 ercise of such duties.’’.
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1 SEC. 3. NOTICE TO IMMIGRATION AND NATURALIZATION

2 SERVICE OF ILLEGAL ALIENS.

3 (a) MEDICAID PROGRAM.—Section 1902(a) of the

4 Social Security Act (42 U.S.C. 1396a(a)), as amended by

5 section 1(a)(1), is amended—

6 (1) by striking ‘‘and’’ at the end of paragraph

7 (62);

8 (2) by striking the period at the end of para9 graph (63) and inserting ‘‘; and’’; and

10 (3) by inserting after paragraph (63) the fol11 lowing new paragraph:

12 ‘‘(64) provide that the State agency shall, at

13 least 4 times annually and upon request of the Im14 migration and Naturalization Service, furnish the

15 Immigration and Naturalization Service with the

16 name and address of, and other identifying informa17 tion on, any individual whom the agency knows is

18 unlawfully in the United States.’’.

19 (b) AFDC PROGRAM.—Section 402(a)(9) of the So20 cial Security Act (42 U.S.C. 602(a)(9)) is amended—

21 (1) by redesignating clauses (A), (B), (C), (D),

22 and (E) as clauses (i), (ii), (iii), (iv), and (v), respec23 tively;

24 (2) in clause (v) (as so redesignated), by strik25 ing ‘‘(D)’’ and inserting ‘‘(iv)’’;

26 (3) by adding ‘‘and’’ at the end; and
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1 (4) by adding after and below the end the

2 following:

3 ‘‘(B) provide that, the State agency shall, at

4 least 4 times annually and upon request of the Im5 migration and Naturalization Service, furnish the

6 Immigration and Naturalization Service with the

7 name and address of, and other identifying informa8 tion on, any individual whom the agency knows is

9 unlawfully in the United States;’’.

10 (c) FOOD STAMP PROGRAM.—Section 11(e) of the

11 Food Stamp Act of 1977 (7 U.S.C. 2020(e)), as amended

12 by section 1(c)(2), is amended—

13 (1) paragraph (8) by inserting before the semi14 colon at the end the following:

15 ‘‘(E) such safeguards shall not prevent compliance

16 with paragraph (26)’’;

17 (2) in paragraph (24) by striking ‘‘and’’ at the

18 end;

19 (3) in paragraph (25) by striking the period

20 and inserting ‘‘; and’’; and

21 (4) by adding at the end the following:

22 ‘‘(26) that the State agency shall furnish, at

23 least 4 times annually and upon request of the Im24 migration and Naturalization Service, the Immigra25 tion and Naturalization Service with the name and
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1 address of, and other identifying information on, any

2 individual whom the agency knows is unlawfully in

3 the United States.’’.

4 (d) SSI PROGRAM.—Section 1631(e) of the Social

5 Security Act (42 U.S.C. 1383(e)), as amended by section

6 1(d)(2) of this Act, is amended by inserting after para7 graph (4) the following:

8 ‘‘(5) Notwithstanding any other provision of

9 law, the Secretary shall, at least 4 times annually

10 and upon request of the Immigration and Natu11 ralization Service, furnish the Immigration and Nat12 uralization Service with the name and address of,

13 and other identifying information on, any individual

14 whom the Secretary knows is unlawfully in the

15 United States, and shall ensure that each agreement

16 entered into under section 1616(a) with a State pro17 vides that the State shall, at least 4 times annually

18 and upon request of the Immigration and Natu19 ralization Service, furnish the Immigration and Nat20 uralization Service with the name and address of,

21 and other identifying information on, any individual

22 whom the State knows is unlawfully in the United

23 States.’’.

24 (e) HOUSING PROGRAMS.—Section 26 of the United

25 States Housing Act of 1937, as added by section 1(e)(2)
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1 of this Act, is amended by adding at the end the following

2 new subsection:

3 ‘‘(b) NOTICE TO IMMIGRATION AND NATURALIZA4 TION SERVICE OF ILLEGAL ALIENS.—Notwithstanding

5 any other provision of law, the Secretary shall, at least

6 4 times annually and upon request of the Immigration and

7 Naturalization Service, furnish the Immigration and Nat8 uralization Service with the name and address of, and

9 other identifying information on, any individual whom the

10 Secretary knows is unlawfully in the United States, and

11 shall ensure that each contract for assistance entered into

12 under section 6 or 8 of this Act with a public housing

13 agency provides that the public housing agency shall, at

14 least 4 times annually and upon request of the Immigra15 tion and Naturalization Service, furnish the Immigration

16 and Naturalization Service with the name and address of,

17 and other identifying information on, any individual whom

18 the public housing agency knows is unlawfully in the

19 United States.’’.

20 SEC. 4. TERMINATION OF AFDC BENEFITS FOR DEPENDENT

21 CHILDREN WHO ARE ABSENT FROM THE

22 HOME FOR A SIGNIFICANT PERIOD.

23 Section 402(a) of the Social Security Act (42 U.S.C.

24 602(a)), as amended by section 1(b)(1) of this Act, is

25 amended—
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1 (1) by striking ‘‘and’’ at the end of paragraph

2 (45);

3 (2) by striking the period at the end of para4 graph (46) and inserting ‘‘; and’’; and

5 (3) by inserting after paragraph (46) the fol6 lowing:

7 ‘‘(47)(A) provide that aid shall not be payable

8 under the State plan to a family with respect to any

9 dependent child who has been, or is expected by the

10 caretaker relative in the family to be, absent from

11 the home for a period of 45 consecutive days or, at

12 the option of the State, such period of not less than

13 30 and not more than 90 consecutive days as the

14 State may provide for in the State plan;

15 ‘‘(B) at the option of the State, provide that the

16 State may establish such good cause exceptions to

17 subparagraph (A) as the State considers appropriate

18 if such exceptions are provided for in the State plan;

19 and

20 ‘‘(C) provide that a caretaker relative shall not

21 be eligible for aid under the State plan if the care22 taker relative fails to notify the State agency of an

23 absence of a dependent child from the home for the

24 period specified in or provided for under subpara25 graph (A), by the end of the 5-day period that be-
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1 gins with the date that it becomes clear to the care2 taker relative that the dependent child will be absent

3 for such period so specified or provided for.’’.

Æ

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