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 facili-
tate sharing of information with police officers.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. ELIMINATION OF WELFARE BENEFITS WITH
RESPECT TO FUGITIVE FELONS AND PROBA-
TION AND PAROLE VIOLATORS.
(a) MEDICAID PROGRAM.—
(1) 
INELIGIBILITY
FOR
MEDICAL
ASSIST-
ANCE.—Section 1902(a) of the Social Security Act
(42 U.S.C. 1396a(a)) is amended—
(A) by striking ‘‘and’’ at the end of para-
graph (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 cus-
tody 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 mis-
demeanor) 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 con-
strued to prevent the State agency from furnishing
a Federal, State, or local law enforcement officer
with the current address of a recipient at the offi-
cer’s request if the officer notifies the agency that—
‘‘(A) the recipient is fleeing to avoid pros-
ecution, or custody or confinement after convic-
tion, under the laws of the place from which the
recipient flees for a crime (or attempt to com-
mit 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 ex-
ercise 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 para-
graph (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 cus-
tody 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 strik-
ing ‘‘State or local’’ through ‘‘official duties’’ and in-
serting ‘‘Federal, State, or local law enforcement of-
ficer, 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 pros-
ecution, 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 of-
ficer 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 eligi-
ble to participate in the food stamp program shall be eligi-
ble 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
sey, is a high misdemeanor under the laws of
such State, or is violating a condition of proba-
tion 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 offi-
cer, 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 follow-
ing:
‘‘(4) A person shall not be an eligible individual
or eligible spouse for purposes of this title with re-
spect to any month if, throughout the month, the
person is—
‘‘(A) fleeing to avoid prosecution, or cus-
tody 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 mis-
demeanor 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 recipi-
ent’s name and notifies the agency that—
‘‘(A) such recipient—
‘‘(i) is fleeing to avoid prosecution, or cus-
tody 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 mis-
demeanor 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 du-
ties;
‘‘(B) the location or apprehension of such recip-
ient 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 para-
graph:
‘‘(7) provide that it shall be cause for imme-
diate termination of the tenancy of a public housing
tenant if such tenant—
‘‘(A) is fleeing to avoid prosecution, or cus-
tody 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 pe-
riod 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 prosecu-
tion, 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 EN-
FORCEMENT
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 ENFORCE-
MENT AND OTHER AGENCIES.
‘‘(a) EXCHANGE OF INFORMATION WITH LAW EN-
FORCEMENT AGENCIES.—Notwithstanding any other pro-
vision 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 fugi-
tive 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 proba-
tion or parole imposed under Federal or
State law; or
‘‘(iii) has information that is nec-
essary for the officer to conduct the offi-
cer’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 ex-
ercise 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—
migration and Naturalization Service, furnish the
Immigration and Naturalization Service with the
name and address of, and other identifying informa-
tion 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 semi-
colon 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 Im-
migration and Naturalization Service, the Immigra-
tion 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 para-
graph (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 Natu-
ralization Service, furnish the Immigration and Nat-
uralization 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 pro-
vides that the State shall, at least 4 times annually
and upon request of the Immigration and Natu-
ralization Service, furnish the Immigration and Nat-
uralization 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 NATURALIZA-
TION 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 Nat-
uralization 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 Immigra-
tion 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 para-
graph (46) and inserting ‘‘; and’’; and
(3) by inserting after paragraph (46) the fol-
lowing:
‘‘(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 care-
taker 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 subpara-
graph (A), by the end of the 5-day period that be-
gins with the date that it becomes clear to the care-