[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 249 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                 S. 249

   To amend title IV of the Social Security Act to require States to 
establish a 2-digit fingerprint matching identification system in order 
  to prevent multiple enrollments by an individual for benefits under 
                   such Act, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             January 19 (legislative day, January 10), 1995

     Mrs. Hutchison (for herself, Mr. Brown, Mr. D'Amato, and Mrs. 
  Feinstein) introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
   To amend title IV of the Social Security Act to require States to 
establish a 2-digit fingerprint matching identification system in order 
  to prevent multiple enrollments by an individual for benefits under 
                   such Act, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Welfare Antifraud Act of 1995''.

SEC. 2. FINGERPRINT IDENTIFICATION TO PREVENT MULTIPLE ENROLLMENT.

    (a) State Plan Requirement.--Section 402(a)(45) of the Social 
Security Act (42 U.S.C. 602(a)(45)) is amended--
            (1) by inserting ``(A)'' after ``(45)'';
            (2) by striking the period at the end and inserting ``; 
        and''; and
            (3) by adding at the end the following new subparagraph:
            ``(B) provide that the State agency shall procure a 2-digit 
        fingerprint matching identification system on a competitive 
        basis (or utilize such an existing system) and shall operate 
        such system in accordance with section 418 for the purpose of 
        preventing multiple enrollments of an individual in the aid to 
        families with dependent children program under the State 
        plan.''.
    (b) Fingerprint Matching Identification System.--Part A of title IV 
of the Social Security Act (42 U.S.C. 601 et seq.) is amended by adding 
after section 417 the following new section:

          ``2-digit fingerprint matching identification system

    ``Sec. 418. (a) In General.--In order to operate a 2-digit 
fingerprint matching identification system (hereafter in this section 
referred to as the `system') in accordance with this section, a State 
shall--
            ``(1) scan the fingerprints of the index fingers of each 
        applicant for aid to families with dependent children and each 
        recipient of such aid into an automated fingerprint imaging 
        system;
            ``(2) employ qualified individuals to scan fingerprints as 
        described in paragraph (1) and enter associated identifying and 
        case information into an automated fingerprint imaging system;
            ``(3) operate a computer matching database containing all 
        the scanned fingerprints, identifying information, and case 
        information described in paragraph (2) that is able to 
        determine whether an individual is receiving or attempting to 
        receive multiple benefits under the aid to families with 
        dependent children program under the State plan as a result of 
        multiple enrollment;
            ``(4) consult a fingerprint specialist to verify a 
        fingerprint match if the computer matching database determines 
        that an individual's fingerprints match the fingerprints of an 
        individual already receiving aid to families with dependent 
        children; and
            ``(5) establish procedures to ensure that the data 
        collected and maintained in the system be used only as 
        specified in this subsection.
    ``(b) Denial of Benefits.--If an individual is identified under a 
system established under this section as receiving or attempting to 
receive multiple benefits under the aid to families with dependent 
children program, the needs of such individual shall not be taken into 
account in making the determination under section 402(a)(7) with 
respect to the individual's family--
            ``(1) for a period of 6 months upon the first occasion of 
        such offense;
            ``(2) for a period of 12 months upon the second occasion of 
        such offense; and
            ``(3) permanently upon the third or a subsequent occasion 
        of any such offense.
    ``(c) Criminal Penalty.--Any person who knowingly and intentionally 
makes or obtains any unauthorized disclosure of data collected and 
maintained by a State system operated in accordance with this section 
shall be imprisoned for not more than 6 months or fined up to $10,000, 
or both.''.

SEC. 3. EFFECTIVE DATE.

    (a) In General.--Except as provided in subsection (b), the 
amendments made by this Act shall apply with respect to calendar 
quarters beginning on or after the date of the enactment of this Act.
    (b) Delay for State Legislation.--In the case of a State which the 
Secretary of Health and Human Services determines requires State 
legislation (other than legislation authorizing or appropriating funds) 
in order to comply with the amendments made by this Act, the State 
shall not be regarded as failing to comply with such amendments solely 
on the basis of its failure to meet the requirements of such amendments 
before the first day of the first calendar quarter beginning after the 
close of the first regular session of the State legislature that begins 
after the date of the enactment of this Act. For purposes of the 
preceding sentence, in the case of a State that has a 2-year 
legislative session, each year of such session shall be deemed to be a 
separate regular session of the State legislature.
                                 <all>