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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4657 Introduced in House (IH)]

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.

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

SECTION 1. ELIMINATION OF WELFARE BENEFITS WITH RESPECT TO FUGITIVE 
              FELONS AND PROBATION AND PAROLE VIOLATORS.

    (a) Medicaid Program.--
            (1) Ineligibility for medical assistance.--Section 1902(a) 
        of the Social Security Act (42 U.S.C. 1396a(a)) is amended--
                    (A) by striking ``and'' at the end of paragraph 
                (61);
                    (B) by striking the period at the end of paragraph 
                (62) and inserting ``; and''; and
                    (C) by inserting after paragraph (62) the following 
                new paragraph:
            ``(63) provided that no medical assistance shall be 
        available under the plan to any individual who--
                    ``(A) is fleeing to avoid prosecution, or custody 
                or confinement after conviction, under the laws of the 
                place from which the individual flees for a crime (or 
                attempt to commit a crime) which is a felony (or, if 
                the place from which the individual flees is New 
                Jersey, a high misdemeanor) under the laws of such 
                place; or
                    ``(B) is violating a condition of probation or 
                parole imposed under Federal or State law.''.
            (2) Exchange of information with law enforcement 
        agencies.--Section 1902(a)(7) of such Act (42 U.S.C. 
        1396a(a)(7)) is amended by striking the semicolon and inserting 
        the following: ``, except that nothing in this paragraph shall 
        be construed to prevent the State agency from furnishing a 
        Federal, State, or local law enforcement officer with the 
        current address of a recipient at the officer's request if the 
        officer notifies the agency that--
                    ``(A) the recipient is fleeing to avoid 
                prosecution, or custody or confinement after 
                conviction, under the laws of the place from which the 
                recipient flees for a crime (or attempt to commit a 
                crime) which is a felony (or, if the place from which 
                the recipient flees is New Jersey, a high misdemeanor) 
                under the laws of such place, or is violating a 
                condition of probation or parole imposed under Federal 
                or State law,
                    ``(B) the location or apprehension of the recipient 
                is within the officer's official duties, and
                    ``(C) the request is made in the proper exercise of 
                the officer's official duties;''.
    (b) AFDC Program.--
            (1) Ineligibility for aid.--Section 402(a) of the Social 
        Security Act (42 U.S.C. 602(a)) is amended--
                    (A) by striking ``and'' at the end of paragraph 
                (44);
                    (B) by striking the period at the end of paragraph 
                (45) and inserting ``; and''; and
                    (C) by inserting after paragraph (45) the 
                following:
            ``(46) provide that aid shall not be payable under the 
        State plan with respect to any individual who is--
                    ``(A) fleeing to avoid prosecution, or custody or 
                confinement after conviction, under the laws of the 
                place from which the individual flees, for a crime, or 
                an attempt to commit a crime, which is a felony under 
                the laws of the place from which the individual flees, 
                or which, in the case of the State of New Jersey, is a 
                high misdemeanor under the laws of such State; or
                    ``(B) violating a condition of probation or parole 
                imposed under Federal or State law.''.
            (2) Exchange of information with law enforcement 
        agencies.--Section 402(a)(9) of such Act (42 U.S.C. 602(a)(9)) 
        is amended by striking ``State or local'' through ``official 
        duties'' and inserting ``Federal, State, or local law 
        enforcement officer, upon such officer's request, with the 
        current address of any recipient if the officer furnishes the 
        agency with such recipient's name and notifies the agency that 
        such recipient is fleeing to avoid prosecution, or custody or 
        confinement after conviction, under the laws of the place from 
        which the recipient flees, for a crime, or an attempt to commit 
        a crime, which is a felony under the laws of the place from 
        which the recipient flees, or which, in the case of the State 
        of New Jersey, is a high misdemeanor under the laws of such 
        State, or is violating a condition of probation or parole 
        imposed under Federal or State law, or has information that is 
        necessary for the officer to conduct the officer's official 
        duties, that the location or apprehension of such recipient is 
        within the officer's official duties''.
    (c) Food Stamp Program.--
            (1) Ineligibility for food stamps.--Section 6 of the Food 
        Stamp Act of 1977 (7 U.S.C. 2015) is amended by adding at the 
        end the following:
    ``(i) No member of a household who is otherwise eligible to 
participate in the food stamp program shall be eligible to participate 
in the program as a member of that or any other household while the 
individual is--
            ``(1) fleeing to avoid prosecution, or custody or 
        confinement after conviction, under the laws of the place from 
        which he flees, for a crime, or an attempt to commit a crime, 
        which is a felony under the laws of the place from which he 
        flees, or which, in the case of the State of New Jersey, is a 
        high misdemeanor under the laws of such State; or
            ``(2) violating a condition of probation or parole imposed 
        under Federal or State law.''.
            (2) Exchange of information with law enforcement 
        officers.--Section 11(e)(8) of such Act (7 U.S.C. 2020(e)(8)) 
        is amended--
                    (A) by striking ``and (C)'' and inserting ``(C)''; 
                and
                    (B) by inserting before the semicolon at the end 
                the following: ``, (D) notwithstanding any other 
                provision of law, the address of a member of a 
                household shall be made available, on request, to a 
                Federal, State, or local law enforcement officer if the 
                officer furnishes the State agency with the name of the 
                member and notifies the agency that (i) the member (I) 
                is fleeing to avoid prosecution, or custody or 
                confinement after conviction, under the laws of the 
                place from which he flees, for a crime, or an attempt 
                to commit a crime, which is a felony under the laws of 
                the place from which he flees, or which, in the case of 
                the State of New Jersey, is a high misdemeanor under 
                the laws of such State, or is violating a condition of 
                probation or parole imposed under Federal or State law, 
                or (II) has information that is necessary for the 
                officer to conduct the officer's official duties, (ii) 
                the location or apprehension of the member is within 
                the official duties of the officer, and (iii) the 
                request is made in the proper exercise of the duties, 
                and''.
    (d) SSI Program.--
            (1) Ineligibility for aid.--Section 1611(e) of the Social 
        Security Act (42 U.S.C. 1382(e)) is amended by inserting after 
        paragraph (3) the following:
            ``(4) A person shall not be an eligible individual or 
        eligible spouse for purposes of this title with respect to any 
        month if, throughout the month, the person is--
                    ``(A) fleeing to avoid prosecution, or custody or 
                confinement after conviction, under the laws of the 
                place from which the person flees, for a crime, or an 
                attempt to commit a crime, which is a felony under the 
                laws of the place from which the person flees, or 
                which, in the case of the State of New Jersey, is a 
                high misdemeanor under the laws of such State; or
                    ``(B) violating a condition of probation or parole 
                imposed under Federal or State law.''.
            (2) Exchange of information with law enforcement 
        agencies.--Section 1631(e) of such Act (42 U.S.C. 1383(e)) is 
        amended by inserting after paragraph (3) the following:
    ``(4) Notwithstanding any other provision of law, the Secretary 
shall furnish any Federal, State, or local law enforcement officer, 
upon such officer's request, with the current address of any recipient 
of benefits under this title, if the officer furnishes the agency with 
such recipient's name and notifies the agency that--
            ``(A) such recipient--
                    ``(i) is fleeing to avoid prosecution, or custody 
                or confinement after conviction, under the laws of the 
                place from which the person flees, for a crime, or an 
                attempt to commit a crime, which is a felony under the 
                laws of the place from which the person flees, or 
                which, in the case of the State of New Jersey, is a 
                high misdemeanor under the laws of such State;
                    ``(ii) is violating a condition of probation or 
                parole imposed under Federal or State law; or
                    ``(iii) has information that is necessary for the 
                officer to conduct the officer's official duties;
            ``(B) the location or apprehension of such recipient is 
        within the officer's official duties; and
            ``(C) the request is made in the proper exercise of those 
        duties.''.
    (e) Housing Programs.--
            (1) Eligibility for assistance.--The United States Housing 
        Act of 1937 (42 U.S.C. 1437 et seq.) is amended--
                    (A) in section 6(l)--
                            (i) in paragraph (5), by striking ``and'' 
                        at the end;
                            (ii) in paragraph (6), by striking the 
                        period at the end and inserting ``; and''; and
                            (iii) by inserting immediately after 
                        paragraph (6) the following new paragraph:
            ``(7) provide that it shall be cause for immediate 
        termination of the tenancy of a public housing tenant if such 
        tenant--
                    ``(A) is fleeing to avoid prosecution, or custody 
                or confinement after conviction, under the laws of the 
                place from the tenant flees, for a crime, or an attempt 
                to commit a crime, which is a felony under the laws of 
                the place from which the fugitive felon flees, or 
                which, in the case of New Jersey, is a high misdemeanor 
                under the laws of New Jersey; or
                    ``(B) is violating a condition of probation or 
                parole imposed under Federal or State law.''; and
                    (B) in section 8(d)(1)(B)--
                            (i) in clause (iii), by striking ``and'' at 
                        the end;
                            (ii) in clause (iv), by striking the period 
                        at the end and inserting ``; and''; and
                            (iii) by adding after clause (iv) the 
                        following new clause:
                            ``(v) it shall be cause for termination of 
                        the tenancy of a tenant if such tenant--
                                    ``(I) is fleeing to avoid 
                                prosecution, or custody or confinement 
                                after conviction, under the laws of the 
                                place from the tenant flees, for a 
                                crime, or an attempt to commit a crime, 
                                which is a felony under the laws of the 
                                place from which the fugitive felon 
                                flees, or which, in the case of New 
                                Jersey, is a high misdemeanor under the 
                                laws of New Jersey; or
                                    ``(II) is violating a condition of 
                                probation or parole imposed under 
                                Federal or State law;''.
            (2) Provision of information to law enforcement agencies.--
        Title I of the United States Housing Act of 1937 (42 U.S.C. 
        1437 et seq.) is amended by adding at the end the following new 
        section:

``SEC. 26. PROVISION OF INFORMATION TO LAW ENFORCEMENT AND OTHER 
              AGENCIES.

    ``(a) Exchange of Information With Law Enforcement Agencies.--
Notwithstanding any other provision of law, each public housing agency 
that enters into a contract for assistance under section 6 or 8 of this 
Act with the Secretary shall furnish to any Federal, State, or local 
law enforcement agency, upon request, the current address of any 
recipient of assistance under this Act if the law enforcement agency--
            ``(1) furnishes the public housing agency with such 
        recipient's name; and
            ``(2) notifies such agency that--
                    ``(A) such recipient--
                            ``(i) is fleeing to avoid prosecution, or 
                        custody or confinement after conviction, under 
                        the laws of the place from which the tenant 
                        flees, for a crime, or an attempt to commit a 
                        crime, which is a felony under the laws of the 
                        place from which the fugitive felon flees, or 
                        which, in the case of New Jersey, is a high 
                        misdemeanor under the laws of New Jersey;
                            ``(ii) is violating a condition of 
                        probation or parole imposed under Federal or 
                        State law; or
                            ``(iii) has information that is necessary 
                        for the officer to conduct the officer's 
                        official duties;
                    ``(B) the location or apprehension of such 
                recipient is within the official duties of the agency; 
                and
                    ``(C) the request is made in the proper exercise of 
                such duties.''.

SEC. 2. NOTICE TO IMMIGRATION AND NATURALIZATION SERVICE OF ILLEGAL 
              ALIENS.

    (a) Medicaid Program.--Section 1902(a) of the Social Security Act 
(42 U.S.C. 1396a(a)) is amended--
            (1) by striking ``and'' at the end of paragraph (61);
            (2) by striking the period at the end of paragraph (62) and 
        inserting ``; and''; and
            (3) by inserting after paragraph (62) the following new 
        paragraph:
            ``(63) provide that the State agency shall, at least 4 
        times annually and upon request of the Immigration and 
        Naturalization Service, furnish the Immigration and 
        Naturalization Service with the name and address of, and other 
        identifying information on, any individual whom the agency 
        knows is unlawfully in the United States.''.
    (b) AFDC Program.--Section 402(a)(9) of the Social Security Act (42 
U.S.C. 602(a)(9)) is amended--
            (1) by redesignating clauses (A), (B), (C), (D), and (E) as 
        clauses (i), (ii), (iii), (iv), and (v), respectively;
            (2) in clause (v) (as so redesignated), by striking ``(D)'' 
        and inserting ``(iv)'';
            (3) by adding ``and'' at the end; and
            (4) by adding after and below the end the following:
            ``(B) provide that, the State agency shall, at least 4 
        times annually and upon request of the Immigration and 
        Naturalization Service, furnish the Immigration and 
        Naturalization Service with the name and address of, and other 
        identifying information on, any individual whom the agency 
        knows is unlawfully in the United States;''.
    (c) Food Stamp Program.--Section 11(e) of the Food Stamp Act of 
1977 (7 U.S.C. 2020(e)), as amended by section 1(c)(2), is amended--
            (1) paragraph (8) by inserting before the semicolon at the 
        end the following:
        ``(E) such safeguards shall not prevent compliance with 
        paragraph (26)'';
            (2) in paragraph (24) by striking ``and'' at the end;
            (3) in paragraph (25) by striking the period and inserting 
        ``; and''; and
            (4) by adding at the end the following:
            ``(26) that the State agency shall furnish, at least 4 
        times annually and upon request of the Immigration and 
        Naturalization Service, the Immigration and Naturalization 
        Service with the name and address of, and other identifying 
        information on, any individual whom the agency knows is 
        unlawfully in the United States.''.
    (d) SSI Program.--Section 1631(e) of the Social Security Act (42 
U.S.C. 1383(e)), as amended by section 1(d)(2) of this Act, is amended 
by inserting after paragraph (4) the following:
            ``(5) Notwithstanding any other provision of law, the 
        Secretary shall, at least 4 times annually and upon request of 
        the Immigration and Naturalization Service, furnish the 
        Immigration and Naturalization Service with the name and 
        address of, and other identifying information on, any 
        individual whom the Secretary knows is unlawfully in the United 
        States, and shall ensure that each agreement entered into under 
        section 1616(a) with a State provides that the State shall, at 
        least 4 times annually and upon request of the Immigration and 
        Naturalization Service, furnish the Immigration and 
        Naturalization Service with the name and address of, and other 
        identifying information on, any individual whom the State knows 
        is unlawfully in the United States.''.
    (e) Housing Programs.--Section 26 of the United States Housing Act 
of 1937, as added by section 1(e)(2) of this Act, is amended by adding 
at the end the following new subsection:
    ``(b) Notice to Immigration and Naturalization Service of Illegal 
Aliens.--Notwithstanding any other provision of law, the Secretary 
shall, at least 4 times annually and upon request of the Immigration 
and Naturalization Service, furnish the Immigration and Naturalization 
Service with the name and address of, and other identifying information 
on, any individual whom the Secretary knows is unlawfully in the United 
States, and shall ensure that each contract for assistance entered into 
under section 6 or 8 of this Act with a public housing agency provides 
that the public housing agency shall, at least 4 times annually and 
upon request of the Immigration and Naturalization Service, furnish the 
Immigration and Naturalization Service with the name and address of, 
and other identifying information on, any individual whom the public 
housing agency knows is unlawfully in the United States.''.

SEC. 3. TERMINATION OF AFDC BENEFITS FOR DEPENDENT CHILDREN WHO ARE 
              ABSENT FROM THE HOME FOR A SIGNIFICANT PERIOD.

    Section 402(a) of the Social Security Act (42 U.S.C. 602(a)), as 
amended by section 1(b)(1) of this Act, is amended--
            (1) by striking ``and'' at the end of paragraph (45);
            (2) by striking the period at the end of paragraph (46) and 
        inserting ``; and''; and
            (3) by inserting after paragraph (46) the following:
            ``(47)(A) provide that aid shall not be payable under the 
        State plan to a family with respect to any dependent child who 
        has been, or is expected by the caretaker relative in the 
        family to be, absent from the home for a period of 45 
        consecutive days or, at the option of the State, such period of 
        not less than 30 and not more than 90 consecutive days as the 
        State may provide for in the State plan;
            ``(B) at the option of the State, provide that the State 
        may establish such good cause exceptions to subparagraph (A) as 
        the State considers appropriate if such exceptions are provided 
        for in the State plan; and
            ``(C) provide that a caretaker relative shall not be 
        eligible for aid under the State plan if the caretaker relative 
        fails to notify the State agency of an absence of a dependent 
        child from the home for the period specified in or provided for 
        under subparagraph (A), by the end of the 5-day period that 
        begins with the date that it becomes clear to the caretaker 
        relative that the dependent child will be absent for such 
        period so specified or provided for.''.

                                 <all>

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