Programs Vary in How Aggressively They Implement PRWORA’s Fugitive Felon Provisions

The extent to which PRWORA’s fugitive felon provisions have been implemented in SSI, TANF, Food Stamp, and housing assistance programs varies. SSA and Some State Programs Also Match Recipient and Arrest Warrant Data

In addition to the practice of asking applicants to report their fugitive felon status when they apply for benefits, SSI and some state Food Stamp and TANF programs identify and remove fugitive felons already on the rolls by comparing entire recipient files with a law enforcement agency’s arrest warrant data. Aggressive Implementation of the Law Poses a Number of Challenges for Programs

There are a number of reasons why the law is not aggressively implemented by all programs that are required to deny benefits to fugitive felons. First, centralized arrest warrant databases are not readily available to programs. Third, a lack of information about how to conduct computerized matching and where to find assistance hampers many state program officials. Finally, in the Food Stamp and TANF programs, the lack of criteria for what constitutes a fugitive may interfere with states’ ability to act decisively to deny benefits to those wanted for felonies or probation or parole violations. There is also evidence that a fugitive felon is defined differently across, and perhaps within, programs. FNS, for example, has directed state Food Stamp programs to deny benefits to individuals with outstanding arrest warrants only when the program has verified that these individuals are aware of the warrants. To oversee and better implement these provisions in the TANF program, we recommend that the Secretary of Health and Human Services   encourage states to test the feasibility and effectiveness of routinely matching TANF applicant and recipient records with arrest warrants by providing them with information on the matching activities of other state TANF programs and their results and on accessing available arrest warrant databases such as NCIC;   monitor states’ computerized matching efforts to identify fugitive felons and their results;   determine what criteria state TANF programs are using to remove recipients wanted for felonies or probation or parole violations from the TANF rolls, and if these criteria differ across states, provide TANF programs with clear guidance on the circumstances under which benefits to fugitive felons should be terminated; and issue guidance on the circumstances under which TANF programs are required to provide information about TANF recipients to law enforcement agencies. Appendix I: Scope and Methodology

In order to determine the extent to which actions have been taken to ensure that fugitive felons do not receive Supplemental Security Income (SSI), Food Stamp, Temporary Assistance to Needy Families (TANF), or housing assistance benefits, we interviewed federal officials in the Social Security Administration (SSA), the Department of Agriculture (USDA), the Department of Health and Human Services (HHS), and the Department of Housing and Urban Development (HUD) and reviewed regulations and other documents that provide policy on handling fugitive felons as applicants or beneficiaries. In our telephone survey, we collected data on the actions these programs had taken to implement the fugitive felon provisions in the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996.
What GAO Found

In response to concerns that individuals wanted in connection with a felony or violating terms of their parole or probation could receive benefits from programs for the needy, Congress added provisions to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 that prohibit these individuals from receiving Supplemental Security Income (SSI), Food Stamp benefits, and Temporary Assistance to Needy Families (TANF) and make fugitive felon status ground for the termination of tenancy in federal housing assistance programs. In addition, the act directs these programs to provide law enforcement officers with information about program recipients for whom there are outstanding warrants to assist in their apprehension. Actions taken to implement the act's fugitive felon provisions have varied substantially by program. In implementing provisions to prohibit benefits to fugitive felons, all but housing assistance programs include, at a minimum, a question about fugitive felon status in their applications. SSI and some state Food Stamp and TANF programs also seek independent verification of fugitive felon status by using computer matching to compare arrest warrant and program recipient files. To date, 110,000 beneficiaries have been identified as fugitive felons and dropped from the SSI, Food Stamp, and TANF rolls, and many have been apprehended. Computerized file matching has been responsible for the identification of most of these fugitive felons. Aggressive implementation of the act's fugitive felon provisions poses a number of challenges for programs. First, centralized and complete national and statewide arrest warrant data for computer matching are not readily available. Second, because direct access to arrest warrants and criminal records is limited to law enforcement personnel, computer matching requires what many state TANF and Food Stamp officials view as a burdensome and complex negotiation process to obtain these records. Third, the absence of information and guidance about how to conduct file matching and overcome its logistical challenges has also hindered aggressive implementation of the law. Finally, there is evidence that individuals with outstanding warrants for felonies, or probation or parole violations, may continue to collect benefits because there may be differences in the interpretation of what constitutes a fugitive felon within the Food Stamp and TANF programs.