I

103D CONGRESS

2D SESSION H. R. 4657

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

JUNE 27, 1994

Mr. SANTORUM (for himself, Mr. BLUTE, Mr. BREWSTER, Mr. CAMP, Mr.

DELAY, Mr. HAYES, Mr. HERGER, Mr. SHAW, Mr. STENHOLM, and Mr.

TALENT) introduced the following bill; which was referred jointly to the

Committees on Energy and Commerce, Ways and Means, Agriculture and

Banking, Finance and Urban Affairs

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. ELIMINATION OF WELFARE BENEFITS WITH

4 RESPECT TO FUGITIVE FELONS AND PROBA5 TION AND PAROLE VIOLATORS.

6 (a) MEDICAID PROGRAM.—
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1 (1) INELIGIBILITY FOR MEDICAL ASSIST2 ANCE.—Section 1902(a) of the Social Security Act

3 (42 U.S.C. 1396a(a)) is amended—

4 (A) by striking ‘‘and’’ at the end of para5 graph (61);

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

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

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

9 following new paragraph:

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

11 be available under the plan to any individual who—

12 ‘‘(A) is fleeing to avoid prosecution, or cus13 tody or confinement after conviction, under the

14 laws of the place from which the individual flees

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

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

17 the individual flees is New Jersey, a high mis18 demeanor) under the laws of such place; or

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

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

21 (2) EXCHANGE OF INFORMATION WITH LAW

22 ENFORCEMENT AGENCIES.—Section 1902(a)(7) of

23 such Act (42 U.S.C. 1396a(a)(7)) is amended by

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

25 except that nothing in this paragraph shall be con-
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1 strued to prevent the State agency from furnishing

2 a Federal, State, or local law enforcement officer

3 with the current address of a recipient at the offi4 cer’s request if the officer notifies the agency that—

5 ‘‘(A) the recipient is fleeing to avoid pros6 ecution, or custody or confinement after convic7 tion, under the laws of the place from which the

8 recipient flees for a crime (or attempt to com9 mit a crime) which is a felony (or, if the place

10 from which the recipient flees is New Jersey, a

11 high misdemeanor) under the laws of such

12 place, or is violating a condition of probation or

13 parole imposed under Federal or State law,

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

15 recipient is within the officer’s official duties,

16 and

17 ‘‘(C) the request is made in the proper ex18 ercise of the officer’s official duties;’’.

19 (b) AFDC PROGRAM.—

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

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

22 amended—

23 (A) by striking ‘‘and’’ at the end of para24 graph (44);
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1 (B) by striking the period at the end of

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

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

4 following:

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

6 under the State plan with respect to any individual

7 who is—

8 ‘‘(A) fleeing to avoid prosecution, or cus9 tody or confinement after conviction, under the

10 laws of the place from which the individual

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

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

13 place from which the individual flees, or which,

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

15 high misdemeanor under the laws of such State;

16 or

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

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

19 (2) EXCHANGE OF INFORMATION WITH LAW

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

21 such Act (42 U.S.C. 602(a)(9)) is amended by strik22 ing ‘‘State or local’’ through ‘‘official duties’’ and in23 serting ‘‘Federal, State, or local law enforcement of24 ficer, upon such officer’s request, with the current

25 address of any recipient if the officer furnishes the
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1 agency with such recipient’s name and notifies the

2 agency that such recipient is fleeing to avoid pros3 ecution, or custody or confinement after conviction,

4 under the laws of the place from which the recipient

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

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

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

8 State of New Jersey, is a high misdemeanor under

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

10 probation or parole imposed under Federal or State

11 law, or has information that is necessary for the of12 ficer to conduct the officer’s official duties, that the

13 location or apprehension of such recipient is within

14 the officer’s official duties’’.

15 (c) FOOD STAMP PROGRAM.—

16 (1) INELIGIBILITY FOR FOOD STAMPS.—Section

17 6 of the Food Stamp Act of 1977 (7 U.S.C. 2015)

18 is amended by adding at the end the following:

19 ‘‘(i) No member of a household who is otherwise eligi20 ble to participate in the food stamp program shall be eligi21 ble to participate in the program as a member of that or

22 any other household while the individual is—

23 ‘‘(1) fleeing to avoid prosecution, or custody or

24 confinement after conviction, under the laws of the

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

2 of the place from which he 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 ‘‘(2) violating a condition of probation or parole

6 imposed under Federal or State law.’’.

7 (2) EXCHANGE OF INFORMATION WITH LAW

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

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

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

11 ‘‘(C)’’; and

12 (B) by inserting before the semicolon at

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

14 any other provision of law, the address of a

15 member of a household shall be made available,

16 on request, to a Federal, State, or local law en17 forcement officer if the officer furnishes the

18 State agency with the name of the member and

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

20 fleeing to avoid prosecution, or custody or con21 finement after conviction, under the laws of the

22 place from which he flees, for a crime, or an at23 tempt to commit a crime, which is a felony

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

25 or which, in the case of the State of New Jer-
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1 sey, is a high misdemeanor under the laws of

2 such State, or is violating a condition of proba3 tion or parole imposed under Federal or State

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

5 for the officer to conduct the officer’s official

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

7 member is within the official duties of the offi8 cer, and (iii) the request is made in the proper

9 exercise of the duties, and’’.

10 (d) SSI PROGRAM.—

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

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

13 amended by inserting after paragraph (3) the follow14 ing:

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

16 or eligible spouse for purposes of this title with re17 spect to any month if, throughout the month, the

18 person is—

19 ‘‘(A) fleeing to avoid prosecution, or cus20 tody or confinement after conviction, under the

21 laws of the place from which the person flees,

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

23 which is a felony under the laws of the place

24 from which the person flees, or which, in the
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1 case of the State of New Jersey, is a high mis2 demeanor under the laws of such State; or

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

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

5 (2) EXCHANGE OF INFORMATION WITH LAW

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

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

8 after paragraph (3) the following:

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

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

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

12 current address of any recipient of benefits under this

13 title, if the officer furnishes the agency with such recipi14 ent’s name and notifies the agency that—

15 ‘‘(A) such recipient—

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

18 laws of the place from which the person flees,

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

20 which is a felony under the laws of the place

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

22 case of the State of New Jersey, is a high mis23 demeanor under the laws of such State;

24 ‘‘(ii) is violating a condition of probation or

25 parole imposed under Federal or State law; or
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1 ‘‘(iii) has information that is necessary for

2 the officer to conduct the officer’s official du3 ties;

4 ‘‘(B) the location or apprehension of such recip5 ient is within the officer’s official duties; and

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

7 of those duties.’’.

8 (e) HOUSING PROGRAMS.—

9 (1) ELIGIBILITY FOR ASSISTANCE.—The United

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

11 seq.) is amended—

12 (A) in section 6(l)—

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

14 ‘‘and’’ at the end;

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

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

17 and

18 (iii) by inserting immediately after

19 paragraph (6) the following new para20 graph:

21 ‘‘(7) provide that it shall be cause for imme22 diate termination of the tenancy of a public housing

23 tenant if such tenant—

24 ‘‘(A) is fleeing to avoid prosecution, or cus25 tody or confinement after conviction, under the
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1 laws of the place from the tenant flees, for a

2 crime, or an attempt to commit a crime, which

3 is a felony under the laws of the place from

4 which the fugitive felon flees, or which, in the

5 case of New Jersey, is a high misdemeanor

6 under the laws of New Jersey; or

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

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

9 and

10 (B) in section 8(d)(1)(B)—

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

12 the end;

13 (ii) in clause (iv), by striking the pe14 riod at the end and inserting ‘‘; and’’; and

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

16 following new clause:

17 ‘‘(v) it shall be cause for termination

18 of the tenancy of a tenant if such tenant—

19 ‘‘(I) is fleeing to avoid prosecu20 tion, or custody or confinement after

21 conviction, under the laws of the place

22 from the tenant flees, for a crime, or

23 an attempt to commit a crime, which

24 is a felony under the laws of the place

25 from which the fugitive felon flees, or
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1 which, in the case of New Jersey, is a

2 high misdemeanor under the laws of

3 New Jersey; or

4 ‘‘(II) is violating a condition of

5 probation or parole imposed under

6 Federal or State law;’’.

7 (2) PROVISION OF INFORMATION TO LAW EN8 FORCEMENT AGENCIES.—Title I of the United

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

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

11 new section:

12 ‘‘SEC. 26. PROVISION OF INFORMATION TO LAW ENFORCE13 MENT AND OTHER AGENCIES.

14 ‘‘(a) EXCHANGE OF INFORMATION WITH LAW EN15 FORCEMENT AGENCIES.—Notwithstanding any other pro16 vision of law, each public housing agency that enters into

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

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

19 local law enforcement agency, upon request, the current

20 address of any recipient of assistance under this Act if

21 the law enforcement agency—

22 ‘‘(1) furnishes the public housing agency with

23 such recipient’s name; and

24 ‘‘(2) notifies such agency that—

25 ‘‘(A) such recipient—
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1 ‘‘(i) is fleeing to avoid prosecution, or

2 custody or confinement after conviction,

3 under the laws of the place from which the

4 tenant flees, for a crime, or an attempt to

5 commit a crime, which is a felony under

6 the laws of the place from which the fugi7 tive felon flees, or which, in the case of

8 New Jersey, is a high misdemeanor under

9 the laws of New Jersey;

10 ‘‘(ii) is violating a condition of proba11 tion or parole imposed under Federal or

12 State law; or

13 ‘‘(iii) has information that is nec14 essary for the officer to conduct the offi15 cer’s official duties;

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

17 recipient is within the official duties of the

18 agency; and

19 ‘‘(C) the request is made in the proper ex20 ercise of such duties.’’.

21 SEC. 2. NOTICE TO IMMIGRATION AND NATURALIZATION

22 SERVICE OF ILLEGAL ALIENS.

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

24 Social Security Act (42 U.S.C. 1396a(a)) is amended—
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1 (1) by striking ‘‘and’’ at the end of paragraph

2 (61);

3 (2) by striking the period at the end of para4 graph (62) and inserting ‘‘; and’’; and

5 (3) by inserting after paragraph (62) the fol6 lowing new paragraph:

7 ‘‘(63) provide that the State agency shall, at

8 least 4 times annually and upon request of the Im9 migration and Naturalization Service, furnish the

10 Immigration and Naturalization Service with the

11 name and address of, and other identifying informa12 tion on, any individual whom the agency knows is

13 unlawfully in the United States.’’.

14 (b) AFDC PROGRAM.—Section 402(a)(9) of the So15 cial Security Act (42 U.S.C. 602(a)(9)) is amended—

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

17 and (E) as clauses (i), (ii), (iii), (iv), and (v), respec18 tively;

19 (2) in clause (v) (as so redesignated), by strik20 ing ‘‘(D)’’ and inserting ‘‘(iv)’’;

21 (3) by adding ‘‘and’’ at the end; and

22 (4) by adding after and below the end the

23 following:

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

25 least 4 times annually and upon request of the Im-
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1 migration and Naturalization Service, furnish the

2 Immigration and Naturalization Service with the

3 name and address of, and other identifying informa4 tion on, any individual whom the agency knows is

5 unlawfully in the United States;’’.

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

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

8 by section 1(c)(2), is amended—

9 (1) paragraph (8) by inserting before the semi10 colon at the end the following:

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

12 with paragraph (26)’’;

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

14 end;

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

16 and inserting ‘‘; and’’; and

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

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

19 least 4 times annually and upon request of the Im20 migration and Naturalization Service, the Immigra21 tion and Naturalization Service with the name and

22 address of, and other identifying information on, any

23 individual whom the agency knows is unlawfully in

24 the United States.’’.
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1 (d) SSI PROGRAM.—Section 1631(e) of the Social

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

3 1(d)(2) of this Act, is amended by inserting after para4 graph (4) the following:

5 ‘‘(5) Notwithstanding any other provision of

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

7 and upon request of the Immigration and Natu8 ralization Service, furnish the Immigration and Nat9 uralization Service with the name and address of,

10 and other identifying information on, any individual

11 whom the Secretary knows is unlawfully in the

12 United States, and shall ensure that each agreement

13 entered into under section 1616(a) with a State pro14 vides that the State shall, at least 4 times annually

15 and upon request of the Immigration and Natu16 ralization Service, furnish the Immigration and Nat17 uralization Service with the name and address of,

18 and other identifying information on, any individual

19 whom the State knows is unlawfully in the United

20 States.’’.

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

22 States Housing Act of 1937, as added by section 1(e)(2)

23 of this Act, is amended by adding at the end the following

24 new subsection:
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1 ‘‘(b) NOTICE TO IMMIGRATION AND NATURALIZA2 TION SERVICE OF ILLEGAL ALIENS.—Notwithstanding

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

4 4 times annually and upon request of the Immigration and

5 Naturalization Service, furnish the Immigration and Nat6 uralization Service with the name and address of, and

7 other identifying information on, any individual whom the

8 Secretary knows is unlawfully in the United States, and

9 shall ensure that each contract for assistance entered into

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

11 agency provides that the public housing agency shall, at

12 least 4 times annually and upon request of the Immigra13 tion and Naturalization Service, furnish the Immigration

14 and Naturalization Service with the name and address of,

15 and other identifying information on, any individual whom

16 the public housing agency knows is unlawfully in the

17 United States.’’.

18 SEC. 3. TERMINATION OF AFDC BENEFITS FOR DEPENDENT

19 CHILDREN WHO ARE ABSENT FROM THE

20 HOME FOR A SIGNIFICANT PERIOD.

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

22 602(a)), as amended by section 1(b)(1) of this Act, is

23 amended—

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

25 (45);
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1 (2) by striking the period at the end of para2 graph (46) and inserting ‘‘; and’’; and

3 (3) by inserting after paragraph (46) the fol4 lowing:

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

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

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

8 caretaker relative in the family to be, absent from

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

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

11 30 and not more than 90 consecutive days as the

12 State may provide for in the State plan;

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

14 State may establish such good cause exceptions to

15 subparagraph (A) as the State considers appropriate

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

17 and

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

19 be eligible for aid under the State plan if the care20 taker relative fails to notify the State agency of an

21 absence of a dependent child from the home for the

22 period specified in or provided for under subpara23 graph (A), by the end of the 5-day period that be24 gins with the date that it becomes clear to the care-
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1 taker relative that the dependent child will be absent

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

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