[Congressional Record Volume 148, Number 50 (Monday, April 29, 2002)]
[Senate]
[Pages S3509-S3510]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. SANTORUM (for himself and Mr. Grassley):
  S. 2387. A bill to amend title II of the Social Security act to deny 
social security old-age, survivors, and disability insurance benefits 
to fugitive felons and individuals fleeing prosecution, and for other 
purposes; to the Committee on Finance.
  Mr. SANTORUM. Mr. President, the Federal Government should not be 
paying benefits to fugitives from justice. Today, I am introducing 
legislation which denies Social Security Old Age Survivors Insurance, 
OASI, and Social Security Disability Insurance, DI, benefits to 
fugitive felons and requires the Social Security Administration, SSA, 
to disclose information about the fugitives to law enforcement 
officers. I am pleased to be joined in this effort by the distinguished 
ranking member of the Finance Committee, Senator Grassley.
  There is precedent for this legislation in current law. The Personal 
Responsibility and Work Opportunity Act of 1996, P.L. 104-193, 
disqualified fugitive felons from receiving welfare cash assistance, 
Supplemental Security Income, SSI, food stamps, and housing benefits. 
Likewise, it allowed law enforcement officers to obtain the current 
addresses, photographs, and Social Security numbers of fugitives who 
received such assistance. I was the author of these prohibitions on 
Federal assistance for fugitive felons.
  I am pleased to report that the current fugitive felons law is having 
a positive effect. It is saving taxpayers millions of dollars. More 
important, it is getting violent criminals off the streets. For 
instance, the Inspector General of USDA reported that as of January 2, 
2001, more than 6,800 fugitive felon food stamp recipients were 
arrested. Similarly, SSA identified more than 28,000 fugitive SSI 
recipients, 14,000 of whom were identified in fiscal year 2000.
  The legislation offered by Senator Grassley and myself would further 
curtail a fugitive's financial ability to escape the law. In testimony 
before the Finance Committee on April 25, 2001, James G. Huse, Jr., 
Inspector General of the SSA, expressed frustration that SSA does not 
have the statutory authority to deny OASI and DI benefits to fugitive 
felons. The inability to cut off benefits to these fugitives costs the 
Social Security Trust Fund $39 million per year. He also testified that 
the Privacy Act prohibits SSA from providing law enforcement officials 
with information, such as the current addresses and Social Security 
numbers of fugitive felon recipients, which could lead to their 
apprehension. Mr. Huse told the Finance Committee,

       . . . this waste of Federal funds goes to the heart of our 
     mission, and our inability to stop these payments is 
     frustrating. What is more frustrating to us as a law 
     enforcement organization is that these benefits were paid to 
     some 17,300 fugitives, many of whom could have been 
     apprehended had my office been able to provide law 
     enforcement agencies with felons' addresses. The loss of 
     money is disturbing; the thousands of criminals that could 
     have been incarcerated but remain free is worse.

  Mr. Huse further advised, ``Congress may want to consider 
legislation, this session, that will permit us to treat felons as 
felons, regardless of the types of Social Security benefits they are 
using to finance their flight from justice.'' That is exactly what this 
bill does.
  The majority of Americans would agree it is bad policy to pay Federal 
benefits to fugitives from justice. The effect of such policy is to 
give criminals the financial means to continue avoiding the law. It is 
time to close

[[Page S3510]]

legal loopholes which allow felons to receive OASI and DI payments 
while in fugitive status. I urge my colleagues to support this 
legislation.
  Thank you, Mr. President.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2387

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

     SECTION. 1. DENIAL OF SOCIAL SECURITY OLD-AGE AND SURVIVORS 
                   AND DISABILITY INSURANCE BENEFITS TO FUGITIVE 
                   FELONS AND INDIVIDUALS FLEEING PROSECUTION; 
                   PROVISION OF INFORMATION TO LAW ENFORCEMENT 
                   OFFICERS.

       Section 202(x) of the Social Security Act (42 U.S.C. 
     402(x)) is amended--
       (1) in the heading, by striking ``Prisoners'' and all that 
     follows and inserting the following: ``Prisoners, Certain 
     Other Inmates of Publicly Funded Institutions, and 
     Fugitives'';
       (2) in paragraph (1)(A)(ii)(IV), by striking ``or'' at the 
     end;
       (3) in paragraph (1)(A)(iii), by striking the period at the 
     end and inserting a comma;
       (4) by inserting after paragraph (1)(A)(iii) the following:
       ``(iv) is fleeing to avoid prosecution, or custody 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 misdemeanor under the laws of 
     such State, or
       ``(v) is violating a condition of probation or parole 
     imposed under Federal or State law.''; and
       (5) in paragraph (3), by adding at the end the following 
     new subparagraph:
       ``(C) Notwithstanding the provisions of section 552a of 
     title 5, United States Code, or any other provision of 
     Federal or State law (other than section 6103 of the Internal 
     Revenue Code of 1986 and section 1106(c) of this Act), the 
     Commissioner shall furnish any Federal, State, or local law 
     enforcement officer, upon the written request of the officer, 
     with the current address, Social Security number, and 
     photograph (if applicable) of any individual who receives a 
     benefit under this title, if the officer furnishes the 
     Commissioner with the name of the individual, and other 
     identifying information as reasonably required by the 
     Commissioner to establish the unique identity of the 
     individual, and notifies the Commissioner that--
       ``(i) the individual--
       ``(I) is described in clause (iv) or (v) of paragraph 
     (1)(A); and
       ``(II) has information that is necessary for the officer to 
     conduct the officer's official duties; and
       ``(ii) the location or apprehension of the individual is 
     within the officer's official duties.''.
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