[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 599 Introduced in Senate (IS)]

  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.

    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) provide that no medical assistance shall be 
        available under the plan to any individual during any period 
        during which the individual--
                    ``(A) is fleeing to avoid prosecution, or custody 
                or confinement after conviction, for a crime (or 
                attempt to commit a crime) which, under the laws of the 
                place from which the recipient is fleeing, is a felony 
                (or, in the case of New Jersey, a high misdemeanor); 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 Social Security number and photograph (if 
        applicable) 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, for a crime (or attempt to commit a crime) 
                which, under the laws of the place from which the 
                recipient is fleeing, is a felony (or, in the case of 
                New Jersey, a high misdemeanor), 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 
                new paragraph:
            ``(46) provide that aid shall not be payable under the 
        State plan with respect to any individual during any period 
        during which the individual is--
                    ``(A) fleeing to avoid prosecution, or custody or 
                confinement after conviction, for a crime (or attempt 
                to commit a crime) which, under the laws of the place 
                from which the individual is fleeing, is a felony (or, 
                in the case of New Jersey, a high misdemeanor); 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'' and all that follows 
        through ``official duties'' and inserting ``Federal, State, or 
        local law enforcement officer, upon such officer's request, 
        with the current address, Social Security number, and 
        photograph (if applicable) 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, for a crime (or 
        attempt to commit a crime) which, under the laws of the place 
        from which the recipient is fleeing, is a felony (or, in the 
        case of New Jersey, a high misdemeanor), 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 new subsection:
    ``(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 during any 
period during which the individual is--
            ``(1) fleeing to avoid prosecution, or custody or 
        confinement after conviction, for a crime (or attempt to commit 
        a crime) which, under the laws of the place from which the 
        individual is fleeing, is a felony (or, in the case of New 
        Jersey, a high misdemeanor); 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: ``, and (D) notwithstanding any other 
                provision of law, the address, Social Security number, 
                and photograph (if applicable) 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, for a crime (or attempt 
                to commit a crime) which, under the laws of the place 
                from which the individual is fleeing, is a felony (or, 
                in the case of New Jersey, a high misdemeanor), 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 officer's official duties''.
    (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, for a crime (or attempt 
                to commit a crime) which, under the laws of the place 
                from which the person is fleeing, is a felony (or, in 
                the case of New Jersey, a high misdemeanor); 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--
                    (A) by redesignating the paragraphs (6) and (7) 
                inserted by sections 206(d)(2) and 206(f)(1) of the 
                Social Security Independence and Programs Improvement 
                Act of 1994 (Public Law 103-296; 108 Stat. 1514, 1515) 
                as paragraphs (7) and (8), respectively; and
                    (B) by adding at the end the following new 
                paragraph:
    ``(9) 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, Social Security 
number, and photograph (if applicable) 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, for a crime (or 
                attempt to commit a crime) which, under the laws of the 
                place from which the person is fleeing, is a felony 
                (or, in the case of New Jersey, a high misdemeanor);
                    ``(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 the 
        officer's official 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, for a crime (or 
                attempt to commit a crime) which, under the laws of the 
                place from which the tenant is fleeing, is a felony 
                (or, in the case of New Jersey, a high misdemeanor); 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, for a crime (or 
                                attempt to commit a crime) which, under 
                                the laws of the place from which the 
                                tenant is fleeing, is a felony (or, in 
                                the case of New Jersey, a high 
                                misdemeanor); 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. 27. 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, Social 
Security number, and photograph (if applicable) 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, for a 
                        crime (or attempt to commit a crime) which, 
                        under the laws of the place from which the 
                        tenant is fleeing, is a felony (or, in the case 
                        of New Jersey, a high misdemeanor);
                            ``(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 
                the officer's official 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 who 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 subparagraphs (A), (B), (C), (D), and 
        (E) as clauses (i), (ii), (iii), (iv), and (v), respectively;
            (2) by striking ``(9)'' and inserting ``(9)(A)'';
            (3) in clause (v) (as so redesignated), by striking ``(D)'' 
        and inserting ``(iv)'';
            (4) by adding ``and'' after the semicolon at the end; and
            (5) by adding at 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 who 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)--
                    (A) by striking ``and (D)'' and inserting ``(D)''; 
                and
                    (B) by inserting before the semicolon at the end 
                the following: ``, and (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, 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 who the agency knows is unlawfully in the 
        United States.''.
    (d) SSI Program.--
            (1) In general.--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 adding at the end the following new paragraph:
            ``(10) Notwithstanding any other provision of law, the 
        Commissioner shall, at least 4 times annually and upon request 
        of the Immigration and Naturalization Service (hereafter in 
        this paragraph referred to as the `Service'), furnish the 
        Service with the name and address of, and other identifying 
        information on, any individual who the agency 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 furnish such information at such 
        times with respect to any individual who the State knows is 
        unlawfully in the United States.''.
    (e) Housing Programs.--Section 27 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 (hereafter in this subsection referred to as 
the `Service'), furnish the Service with the name and address of, and 
other identifying information on, any individual who 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 furnish such information at such times with respect to any 
individual who 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 new 
        paragraph:
            ``(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 on the date that it becomes clear to the caretaker 
        relative that the dependent child will be absent for the period 
        so specified or provided for in subparagraph (A).''.

SEC. 4. EFFECTIVE DATE.

    (a) In General.--Except as otherwise specifically provided in 
subsection (b), the amendments made by this Act shall be effective with 
respect to calendar quarters beginning on or after the date of the 
enactment of this Act.
    (b) Special Rule.--In the case of a State that the Secretary of 
Health and Human Services determines requires State legislation (other 
than legislation appropriating funds) in order to meet the additional 
requirements imposed by the amendments made by this Act, the State 
shall not be regarded as failing to comply with 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 enactment of this Act. For 
purposes of this subsection, in the case of a State that has a 2-year 
legislative session, each year of the session shall be treated as a 
separate regular session of the State legislature.
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