[Congressional Record Volume 144, Number 146 (Wednesday, October 14, 1998)]
[Senate]
[Pages S12464-S12465]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
[[Page S12464]]
REQUIRING THE COMMISSIONER OF SOCIAL SECURITY TO TAKE CERTAIN ACTIONS
Mr. CRAIG. I ask unanimous consent that the Agriculture Committee be
discharged from further consideration of S. 1733, and the Senate then
proceed to its immediate consideration.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will report.
The assistant legislative clerk read as follows:
A bill (S. 1733) to require the Commissioner of Social
Security and food stamp State agencies to take certain
actions to ensure that food stamp coupons are not issued for
deceased individuals.
The PRESIDING OFFICER (Mr. Coats). Is there objection to the
immediate consideration of the bill?
There being no objection, the Senate proceeded to consider the bill.
Amendment No. 3822
(Purpose: To provide a complete substitute)
Mr. CRAIG. Mr. President, Senator Lugar and Senator Harkin have a
substitute amendment at the desk, and I ask for its consideration.
The PRESIDING OFFICER. The clerk will report.
The assistant legislative clerk read as follows:
The Senator from Idaho [Mr. Craig] for Mr. Lugar, for
himself and Mr. Harkin, proposes an amendment numbered 3822.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. DENIAL OF FOOD STAMPS FOR DECEASED INDIVIDUALS.
(a) In General.--Section 11 of the Food Stamp Act of 1977
(7 U.S.C. 2020) is amended by adding at the end the
following:
``(r) Denial of Food Stamps for Deceased Individuals.--Each
State agency shall--
``(1) enter into a cooperative arrangement with the
Commissioner of Social Security, pursuant to the authority of
the Commissioner under section 205(r)(3) of the Social
Security Act (42 U.S.C. 405(r)(3)), to obtain information on
individuals who are deceased; and
``(2) use the information to verify and otherwise ensure
that benefits are not issued to individuals who are
deceased.''.
(b) Report.--Not later than September 1, 2000, the
Secretary of Agriculture shall submit a report regarding the
progress and effectiveness of the cooperative arrangements
entered into by State agencies under section 11(r) of the
Food Stamp Act of 1977 (7 U.S.C. 2020(r)) (as added by
subsection (a)) to--
(1) the Committee on Agriculture of the House of
Representatives;
(2) the Committee on Agriculture, Nutrition, and Forestry
of the Senate;
(3) the Committee on Ways and Means of the House of
Representatives;
(4) the Committee on Finance of the Senate; and
(5) the Secretary of the Treasury.
(d) Effective Date.--This section and the amendments made
by this section take effect on June 1, 2000.
SEC. 2. STUDY OF NATIONAL DATABASE FOR FEDERAL MEANS-TESTED
PUBLIC ASSISTANCE PROGRAMS.
(a) In General.--The Secretary of Agriculture shall conduct
a study of options for the design, development,
implementation, and operation of a national database to track
participation in Federal means-tested public assistance
programs.
(b) Administration.--In conducting the study, the Secretary
shall--
(1) analyze available data to determine--
(A) whether the data have addressed the needs of the food
stamp program established under the Food Stamp Act of 1977 (7
U.S.C. 2011 et seq.);
(B) whether additional or unique data need to be developed
to address the needs of the food stamp program; and
(C) the feasibility and cost-benefit ratio of each
available option for a national database;
(2) survey the States to determine how the States are
enforcing the prohibition on recipients receiving assistance
in more than 1 State under Federal means-tested public
assistance programs;
(3) determine the functional requirements of each available
option for a national database; and
(4) ensure that all options provide safeguards to protect
against the unauthorized use or disclosure of information in
the national database.
(c) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to Congress
a report on the results of the study conducted under this
section.
(d) Funding.--Out of any moneys in the Treasury not
otherwise appropriated, the Secretary of the Treasury shall
provide to the Secretary of Agriculture $500,000 to carry out
this section. The Secretary shall be entitled to receive the
funds and shall accept the funds, without further
appropriation.
Amend the title so as to read: ``A bill to amend the Food
Stamp Act of 1977 to require food stamp State agencies to
take certain actions to ensure that food stamp coupons are
not issued for deceased individuals, to require the Secretary
of Agriculture to conduct a study of options for the design,
development, implementation, and operation of a national
database to track participation in Federal means-tested
public assistance programs, and for other purposes.''.
Mr. LUGAR. Mr. President, I rise today to support S. 1733, as
amended, a bill to combat fraud and waste in the food stamp program.
This bill will do two things. First, it will require food stamp offices
to match food stamp files with Social Security data to identify
overpayments to deceased food stamp participants. Second, it will
require the Secretary of the U.S. Department of Agriculture to explore
data on the development of a national database to identify overpayments
resulting from individuals receiving benefits in two or more states at
the same time and implement other program interstate requirements.
This bill is the result of the last two General Accounting Office
studies that I requested dealing with groups of ineligible people
receiving food stamps. In the first report, the GAO reported that
26,000 deceased individuals in four states were counted as members of a
food stamp household. According to the GAO, this resulted in
overpayments of an estimated $8.6 million. In the second report, the
GAO identified over 20,000 individuals who received benefits in at
least two states at the same time during 1996. Using administrative
records from four states (California, Texas, New York, and Florida),
the GAO estimates overpayments of $3.9 million in those states alone.
Last year the GAO reported to the Agriculture Committee that over $3
million in food stamp benefits were overpaid to prisoners' households.
In response, we passed legislation to stop prisoners from receiving
benefits.
My bill will require state food stamp agencies to use the Social
Security Administration's Death Master file to verify that no deceased
individuals are counted as members of food stamp households, either
increasing a households' benefits or allowing an individual to
illegally receive benefits in the deceased person's name. To give SAA
enough time to iron out Year 2000 problems, this provision will not be
effective until June 1, 2000.
Current law requires that households notify their local welfare
office of any changes in the makeup of the household within ten days.
The GAO report showed that the deceased individuals were counted in
food stamp households for an average of four months; and, in a few
instances, the deceased individuals were counted as beneficiaries for
the full two years the review was counted. This is unacceptable,
particularly since this type of fraud can easily be prevented.
Mr. President, one federal agency has the information to prevent
this fraud and abuse, but is not sharing it with other agencies issuing
federal benefits. The Social Security Administration (SSA) has a Death
Master File that compiles death information available in the federal
government. According to the GAO, a match using SSA's Death Master File
information could be a cost-effective method for identifying such
individuals in food stamp households and eliminating these
overpayments. States already relay on the SSA to verify the social
security numbers of food stamp applicants. Therefore, a system already
exists in one branch of the federal government that, with some
modifications, could stop these overpayments.
My bill will also require the United States Department of Agriculture
to conduct a study to identify options for a national database to track
food stamp participants and combat interstate fraud. The GAO's report
validates a Department of Health and Human Services computer match of
15 states which found 18,000 potential duplicated Temporary Assistance
for Needy Families (TANF) cases. At present there is no appropriate
national database that tracks in means-tested benefit programs. States
have been working individually on the problem of benefits paid in
multiple jurisdictions. For example, some states have developed
cooperative agreements with neighboring states to share data. Current
state efforts are effective, but anything short of a national system is
inefficient.
Mr. President, the welfare reform bill required states to guard
against fraud
[[Page S12465]]
and abuse, and specifically prohibited participants from receiving
benefits in two states. However, the bill did not give states tools to
combat this type of fraud. HHS has already fulfilled a congressional
mandate to look into some of these issues, so I expect the USDA to use
the completed HHS report to Congress as a base upon which to build.
Further, I believe that the study should explore the possibility of a
``real time'' database, so that eligibility workers will instantly know
if there are any problems with an application. This will avoid the
``pay-and-chase'' problem that forces states to recoup overpayments
from beneficiaries after the fact--sometimes years later. This method
of fraud enforcement is inefficient, and often a burden on the
recipient as well. A national database should not be seen as purely an
enforcement tool. There are many cross program benefits for the poor,
benefits which may not be apparent today. As with any large
governmental database, the study should address how the system will
safeguard recipients' privacy and limit unauthorized use and disclosure
of data.
Means-tested benefits, including food stamps, provide a safety net
for millions of people. We cannot allow fraud and abuse to undermine
the food stamp program and welfare reform. Integrity is essential to
ensure a program that can serve those in need. It is our responsibility
to help end fraud and abuse in all federally funded programs. This
legislation is an important step in that direction and will help ensure
that welfare reform is a success.
Mr. President, I urge my colleagues to join Senator Harkin and me in
supporting this bill.
Mr. CRAIG. Mr. President, I ask unanimous consent that the amendment
be agreed to, the bill be read the third time and passed, the motion to
reconsider be laid upon the table, and that any statements relating to
the bill appear at this point in the record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 3822) was agreed to.
The bill (S. 1733), as amended, was read the third time and passed.
____________________