H.R. 2792, the Control Unlawful Fugitive Felons Act of 2017

Floor Situation

On­­­ Wednesday, September 27, 2017, the House will likely consider H.R. 2792, the Control Unlawful Fugitive Felons Act of 2017, under a rule, which will combine it with H.R. 2824, the Increasing Opportunity and Success for Children and Parents through Evidence-Based Home Visiting Act. The bill was introduced on June 6, 2017, by Rep. Kristi Noem (R-SD) and Rep. Sam Johnson (R-TX) and was referred to the Committee on Ways and Means, which ordered the bill reported on September 13, 2017 by a vote of 23-14.

Summary

H.R. 2792 would prohibit Supplemental Security Income (SSI) payments to individuals with an outstanding felony warrant or parole or probation violation. The bill maintains that payments could be immediately restored once the individual resolves any outstanding issues.

Background

The Social Security Administration (SSA) currently withholds SSI payments for recipients who are considered fleeing felons (people for whom there is an active arrest warrant for “crimes of flight”). H.R. 2792 would restore the original 1996 Congressional intent of the law to include those who have an active arrest warrant for a felony or for a parole or probation violation.

Under the Social Security Act, a person is not eligible for SSI payments during any month in which the person is “fleeing to avoid prosecution, or custody or confinement after conviction” for a crime that is a felony or during any month in which the person is “violating a condition of probation or parole imposed under federal or state law.” SSA originally interpreted this provision to prohibit payments to any recipients with an active arrest warrant for a felony or for a violation of parole or probation.

In the wake of the Martinez v. Astrue decision in 2009 and Clark v. Astrue decision in 2010, SSA adjusted its policies and now suspends payments only when the warrant is for “crimes of flight,” such as escape from custody or flight to avoid prosecution. In addition to changing the policy, SSA agreed to repay $700 million in benefits that were withheld from 80,000 people whose benefits have been suspended or denied since January 1, 2007 in the Martinez v. Astrue case. SSA could also, reportedly, repay close to $1 billion in benefits to 140,000 individuals in the Clark v. Astrue case.

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 apply to individuals charged or convicted of misdemeanor crimes, such as outstanding parking tickets.

According to the bill’s sponsor, “It’s incredible to think that a wanted felon can evade prosecution for months—even years—and yet somehow still receive government-issued checks every 30 days or so. This legislation is commonsense. Taxpayers shouldn’t be asked to make payments to people who are running from the law.”[1]

Cost

The Congressional Budget Office (CBO) estimates enacting H.R. 2792 would decrease direct spending by about $2.1 billion over the 2018-2027 period, more than offsetting the costs of H.R. 2824, the Increasing Opportunity and Success for Children and Parents through Evidence-Based Home Visiting Act, which it will be combined with under the Rule.

Staff Contact

For questions or further information please contact Dominique Yantko with the House Republican Policy Committee by email or at 3-1555.