II

104TH CONGRESS

1ST SESSION S. 599

To eliminate certain welfare benefits with respect to fugitive felons and

probation and parole violators, and to facilitate sharing of information

with law enforcement officers, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MARCH 22 (legislative day, MARCH 16), 1995

Mr. SANTORUM introduced the following bill; which was read twice and

referred to the Committee on Finance

A BILL

To eliminate certain welfare benefits with respect to fugitive

felons and probation and parole violators, and to facilitate sharing of information with law enforcement officers,

and for other purposes.

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) provide that no medical assistance shall

11 be available under the plan to any individual during

12 any period during which the individual—

13 ‘‘(A) is fleeing to avoid prosecution, or cus14 tody or confinement after conviction, for a

15 crime (or attempt to commit a crime) which,

16 under the laws of the place from which the re17 cipient is fleeing, is a felony (or, in the case of

18 New Jersey, a high misdemeanor); 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 Social Security number and

4 photograph (if applicable) of a recipient at the offi5 cer’s request if the officer notifies the agency that—

6 ‘‘(A) the recipient is fleeing to avoid pros7 ecution, or custody or confinement after convic8 tion, for a crime (or attempt to commit a

9 crime) which, under the laws of the place from

10 which the recipient is fleeing, is a felony (or, in

11 the case of New Jersey, a high misdemeanor),

12 or is violating a condition of probation or parole

13 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 new paragraph:

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

6 under the State plan with respect to any individual

7 during any period during which the individual is—

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

10 crime (or attempt to commit a crime) which,

11 under the laws of the place from which the indi12 vidual is fleeing, is a felony (or, in the case of

13 New Jersey, a high misdemeanor); or

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

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

16 (2) EXCHANGE OF INFORMATION WITH LAW

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

18 such Act (42 U.S.C. 602(a)(9)) is amended by strik19 ing ‘‘State or local’’ and all that follows through ‘‘of20 ficial duties’’ and inserting ‘‘Federal, State, or local

21 law enforcement officer, upon such officer’s request,

22 with the current address, Social Security number,

23 and photograph (if applicable) of any recipient if the

24 officer furnishes the agency with such recipient’s

25 name and notifies the agency that such recipient is
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1 fleeing to avoid prosecution, or custody or confine2 ment after conviction, for a crime (or attempt to

3 commit a crime) which, under the laws of the place

4 from which the recipient is fleeing, is a felony (or,

5 in the case of New Jersey, a high misdemeanor), or

6 is violating a condition of probation or parole im7 posed under Federal or State law, or has informa8 tion that is necessary for the officer to conduct the

9 officer’s official duties, that the location or appre10 hension of such recipient is within the officer’s offi11 cial duties’’.

12 (c) FOOD STAMP PROGRAM.—

13 (1) INELIGIBILITY FOR FOOD STAMPS.—Section

14 6 of the Food Stamp Act of 1977 (7 U.S.C. 2015)

15 is amended by adding at the end the following new

16 subsection:

17 ‘‘(i) No member of a household who is otherwise eligi18 ble to participate in the food stamp program shall be eligi19 ble to participate in the program as a member of that or

20 any other household during any period during which the

21 individual is—

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

23 confinement after conviction, for a crime (or attempt

24 to commit a crime) which, under the laws of the

25 place from which the individual is fleeing, is a felony
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1 (or, in the case of New Jersey, a high misdemeanor);

2 or

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

4 imposed under Federal or State law.’’.

5 (2) EXCHANGE OF INFORMATION WITH LAW

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

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

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

9 ‘‘(C)’’; and

10 (B) by inserting before the semicolon at

11 the end the following: ‘‘, and (D) notwithstand12 ing any other provision of law, the address, So13 cial Security number, and photograph (if appli14 cable) of a member of a household shall be

15 made available, on request, to a Federal, State,

16 or local law enforcement officer if the officer

17 furnishes the State agency with the name of the

18 member and notifies the agency that (i) the

19 member (I) is fleeing to avoid prosecution, or

20 custody or confinement after conviction, for a

21 crime (or attempt to commit a crime) which,

22 under the laws of the place from which the indi23 vidual is fleeing, is a felony (or, in the case of

24 New Jersey, a high misdemeanor), or is violat25 ing a condition of probation or parole imposed
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1 under Federal or State law, or (II) has infor2 mation that is necessary for the officer to con3 duct the officer’s official duties, (ii) the location

4 or apprehension of the member is within the of5 ficial duties of the officer, and (iii) the request

6 is made in the proper exercise of the officer’s

7 official duties’’.

8 (d) SSI PROGRAM.—

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

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

11 amended by inserting after paragraph (3) the follow12 ing:

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

14 or eligible spouse for purposes of this title with re15 spect to any month if, throughout the month, the

16 person is—

17 ‘‘(A) fleeing to avoid prosecution, or cus18 tody or confinement after conviction, for a

19 crime (or attempt to commit a crime) which,

20 under the laws of the place from which the per21 son is fleeing, is a felony (or, in the case of

22 New Jersey, a high misdemeanor); or

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

24 parole imposed under Federal or State law.’’.
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1 (2) EXCHANGE OF INFORMATION WITH LAW

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

3 Act (42 U.S.C. 1383(e)) is amended—

4 (A) by redesignating the paragraphs (6)

5 and (7) inserted by sections 206(d)(2) and

6 206(f)(1) of the Social Security Independence

7 and Programs Improvement Act of 1994 (Pub8 lic Law 103–296; 108 Stat. 1514, 1515) as

9 paragraphs (7) and (8), respectively; and

10 (B) by adding at the end the following new

11 paragraph:

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

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

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

15 current address, Social Security number, and photograph

16 (if applicable) of any recipient of benefits under this title,

17 if the officer furnishes the agency with such recipient’s

18 name and notifies the agency that—

19 ‘‘(A) such recipient—

20 ‘‘(i) is fleeing to avoid prosecution, or cus21 tody or confinement after conviction, for a

22 crime (or attempt to commit a crime) which,

23 under the laws of the place from which the per24 son is fleeing, is a felony (or, in the case of

25 New Jersey, a high misdemeanor);
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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 the officer’s official 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 immediately after

21 paragraph (6) the following new para22 graph:

23 ‘‘(7) provide that it shall be cause for imme24 diate termination of the tenancy of a public housing

25 tenant if such tenant—
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1 ‘‘(A) is fleeing to avoid prosecution, or cus2 tody or confinement after conviction, for a

3 crime (or attempt to commit a crime) which,

4 under the laws of the place from which the ten5 ant is fleeing, is a felony (or, in the case of New

6 Jersey, a high misdemeanor); 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, for a crime (or attempt to

22 commit a crime) which, under the

23 laws of the place from which the ten24 ant is fleeing, is a felony (or, in the
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1 case of New Jersey, a high mis2 demeanor); or

3 ‘‘(II) is violating a condition of

4 probation or parole imposed under

5 Federal or State law;’’.

6 (2) PROVISION OF INFORMATION TO LAW EN7 FORCEMENT AGENCIES.—Title I of the United

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

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

10 new section:

11 ‘‘SEC. 27. PROVISION OF INFORMATION TO LAW ENFORCE12 MENT AND OTHER AGENCIES.

13 ‘‘(a) EXCHANGE OF INFORMATION WITH LAW EN14 FORCEMENT AGENCIES.—Notwithstanding any other pro15 vision of law, each public housing agency that enters into

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

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

18 local law enforcement agency, upon request, the current

19 address, Social Security number, and photograph (if appli20 cable) of any recipient of assistance under this Act if the

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

4 which, under the laws of the place from

5 which the tenant is fleeing, is a felony (or,

6 in the case of New Jersey, a high mis7 demeanor);

8 ‘‘(ii) is violating a condition of proba9 tion or parole imposed under Federal or

10 State law; or

11 ‘‘(iii) has information that is nec12 essary for the officer to conduct the offi13 cer’s official duties;

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

15 recipient is within the official duties of the

16 agency; and

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

19 SEC. 2. NOTICE TO IMMIGRATION AND NATURALIZATION

20 SERVICE OF ILLEGAL ALIENS.

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

22 Social Security Act (42 U.S.C. 1396a(a)) is amended—

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

24 (61);
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1 (2) by striking the period at the end of para2 graph (62) and inserting ‘‘; and’’; and

3 (3) by inserting after paragraph (62) the fol4 lowing new paragraph:

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

6 least 4 times annually and upon request of the Im7 migration and Naturalization Service, furnish the

8 Immigration and Naturalization Service with the

9 name and address of, and other identifying informa10 tion on, any individual who the agency knows is un11 lawfully in the United States.’’.

12 (b) AFDC PROGRAM.—Section 402(a)(9) of the So13 cial Security Act (42 U.S.C. 602(a)(9)) is amended—

14 (1) by redesignating subparagraphs (A), (B),

15 (C), (D), and (E) as clauses (i), (ii), (iii), (iv), and

16 (v), respectively;

17 (2) by striking ‘‘(9)’’ and inserting ‘‘(9)(A)’’;

18 (3) in clause (v) (as so redesignated), by strik19 ing ‘‘(D)’’ and inserting ‘‘(iv)’’;

20 (4) by adding ‘‘and’’ after the semicolon at the

21 end; and

22 (5) by adding at the end the following:

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

24 least 4 times annually and upon request of the Im25 migration and Naturalization Service, furnish the
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1 Immigration and Naturalization Service with the

2 name and address of, and other identifying informa3 tion on, any individual who the agency knows is un4 lawfully in the United States;’’.

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

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

7 by section 1(c)(2), is amended—

8 (1) paragraph (8)—

9 (A) by striking ‘‘and (D)’’ and inserting

10 ‘‘(D)’’; and

11 (B) by inserting before the semicolon at

12 the end the following: ‘‘, and (E) such safe13 guards shall not prevent compliance with para14 graph (26)’’;

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

16 end;

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

18 and inserting ‘‘; and’’; and

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

20 ‘‘(26) that the State agency shall, at least 4

21 times annually and upon request of the Immigration

22 and Naturalization Service, furnish the Immigration

23 and Naturalization Service with the name and ad24 dress of, and other identifying information on, any
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1 individual who the agency knows is unlawfully in the

2 United States.’’.

3 (d) SSI PROGRAM.—

4 (1) IN GENERAL.—Section 1631(e) of the So5 cial Security Act (42 U.S.C. 1383(e)), as amended

6 by section 1(d)(2) of this Act, is amended by adding

7 at the end the following new paragraph:

8 ‘‘(10) Notwithstanding any other provision of

9 law, the Commissioner shall, at least 4 times annu10 ally and upon request of the Immigration and Natu11 ralization Service (hereafter in this paragraph re12 ferred to as the ‘Service’), furnish the Service with

13 the name and address of, and other identifying in14 formation on, any individual who the agency knows

15 is unlawfully in the United States, and shall ensure

16 that each agreement entered into under section

17 1616(a) with a State provides that the State shall

18 furnish such information at such times with respect

19 to any individual who the State knows is unlawfully

20 in the United States.’’.

21 (e) HOUSING PROGRAMS.—Section 27 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 (hereafter in this subsection re6 ferred to as the ‘Service’), furnish the Service with the

7 name and address of, and other identifying information

8 on, any individual who the Secretary knows is unlawfully

9 in the United States, and shall ensure that each contract

10 for assistance entered into under section 6 or 8 of this

11 Act with a public housing agency provides that the public

12 housing agency shall furnish such information at such

13 times with respect to any individual who the public hous14 ing agency knows is unlawfully in the United States.’’.

15 SEC. 3. TERMINATION OF AFDC BENEFITS FOR DEPENDENT

16 CHILDREN WHO ARE ABSENT FROM THE

17 HOME FOR A SIGNIFICANT PERIOD.

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

19 602(a)), as amended by section 1(b)(1) of this Act, is

20 amended—

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

22 (45);

23 (2) by striking the period at the end of para24 graph (46) and inserting ‘‘; and’’; and
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1 (3) by inserting after paragraph (46) the fol2 lowing new paragraph:

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

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

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

6 caretaker relative in the family to be, absent from

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

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

9 30 and not more than 90 consecutive days as the

10 State may provide for in the State plan;

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

12 State may establish such good cause exceptions to

13 subparagraph (A) as the State considers appropriate

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

15 and

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

17 be eligible for aid under the State plan if the care18 taker relative fails to notify the State agency of an

19 absence of a dependent child from the home for the

20 period specified in or provided for under subpara21 graph (A), by the end of the 5-day period that be22 gins on the date that it becomes clear to the care23 taker relative that the dependent child will be absent

24 for the period so specified or provided for in sub25 paragraph (A).’’.
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1 SEC. 4. EFFECTIVE DATE.

2 (a) IN GENERAL.—Except as otherwise specifically

3 provided in subsection (b), the amendments made by this

4 Act shall be effective with respect to calendar quarters be5 ginning on or after the date of the enactment of this Act.

6 (b) SPECIAL RULE.—In the case of a State that the

7 Secretary of Health and Human Services determines re8 quires State legislation (other than legislation appropriat9 ing funds) in order to meet the additional requirements

10 imposed by the amendments made by this Act, the State

11 shall not be regarded as failing to comply with the require12 ments of such amendments before the first day of the first

13 calendar quarter beginning after the close of the first reg14 ular session of the State legislature that begins after the

15 date of enactment of this Act. For purposes of this sub16 section, in the case of a State that has a 2-year legislative

17 session, each year of the session shall be treated as a sepa18 rate regular session of the State legislature.

Æ

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