H.R.2792 – Control Unlawful Fugitive Felons Act of 2017

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Week ending September 29, 2017

H.R.2792 – Control Unlawful Fugitive Felons Act of 2017

Brief

This bill amends titles II (Old Age, Survivors, and Disability Insurance), VIII (Special Benefits for Certain World War II Veterans), and XVI (Supplemental Security Income) of the Social Security Act to prohibit the payment of benefits under those titles to an individual who is the subject of an outstanding arrest warrant for: (1) committing, or attempting to commit, a felony; or (2) violating a condition of parole or probation.

Current law prohibits the payment of such benefits to an individual who: (1) is fleeing to avoid prosecution or confinement for committing, or attempting commit, a felony; or (2) is violating a condition of parole or probation.

A series of court cases during the mid- to late-2000’s determined that SSA’s enforcement of the law was too broad, primarily questioning SSA’s interpretation of “actively fleeing”. As a result of these cases, SSA only discontinues benefits to those who have escaped from prison or are avoiding imprisonment, significantly reducing the impact of the policy.

    H.R. 2792 restores the original intent of the 1996 law, revising current law to discontinue benefits for individuals who are “the subject of an arrest warrant . . .” compared to the previous language of “fleeing to avoid” arrest, which was the main legal challenge.

    H.R. 2792 applies only to felony charges, or a crime carrying a minimum term of one or more years in prison. This policy does not intend to punish individuals convicted of misdemeanors, such as outstanding parking tickets.

    As a result of the court cases, SSA is now required to provide additional notice to individuals and the opportunity for them to establish “good cause” for not suspending benefits, protecting SSI recipients. If SSI benefits are suspended incorrectly, SSA has processes in place to restore benefits quickly.

 (Full text of H.R. 2792 congress.gov)

Sponsor:  Rep. Noem, Kristi L. [R-SD-At Large] (Introduced 06/06/2017)

Status:  Passed House /

VOTES and FLOOR ACTION

HOUSE

On Passage: On passage Passed by the Yeas and Nays: 244 – 171 (Roll no. 543).

House Amendments:

Motion to recommit:

Text of the motion:

SENATE

On Passage:

Procedural Actions:

Senate Amendments:

COST AND IMPACT

Cost to the taxpayersCBO estimates that enacting H.R. 2792 would decrease direct spending by about $2.1 billion over the 2018-2027 period

Pay-as-you-go requirements:  pay-as-you-go procedures apply. Enacting the bill would not affect revenues.

Regulatory and Other Impact: H.R. 2792 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) and would impose no costs on state, local, or tribal governments.

Dynamic Scoring:   CBO estimates that enacting the legislation would not increase net direct spending or on-budget deficits in any of the four consecutive 10-year periods beginning in 2028.

Tax Complexity:  Not applicable to this bill.

Earmark Certification:  Data not available

Duplication of programs:    In compliance with clause 3(c)(5) of rule XIII of the Rules of the House of Representatives, the Committee states that no provision of the bill establishes or reauthorizes: (1) a program of the Federal Government known to be duplicative of another Federal program

Direct Rule-Making:  The Committee advises that the bill requires no directed rulemakings within the meaning of such section.

Advisory Committee Statement: Data not available

Budget Authority: Data not available

Constitutional Authority:   Assumed.

 

More Bill Information:

 

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