About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

GAO-02-459R 1 (2002-02-27)

handle is hein.gao/gaocrptaoqt0001 and id is 1 raw text is: SGAO Accountability * Integrity * Reliability United States General Accounting Office Washington, DC 20548 February 27, 2002 The Honorable Rick Santorum United States Senate Subject: Social Security Programs: The Scope of SSA's Authority to Deny Benefits to Fugitive Felons and to Release Information About OASI and DI Beneficiaries Who Are Fugitive Felons Dear Senator Santorum: Under the Social Security Act, fugitive felons' are ineligible for Supplemental Security Income (SSI) benefits.2 Furthermore, the Social Security Act requires the Social Security Administration (SSA) to provide to law enforcement agencies, on request, the current address and Social Security number (SSN) of fugitive felons who are SSI • • 3 recipients. This letter responds to your request that we determine if SSA also has the authority (1) to deny Old Age and Survivors Insurance (OASI) and Disability Insurance (DI) benefits to fugitive felons and (2) to give law enforcement agencies the current address and SSN of OASI and DI beneficiaries who are fugitive felons. To make these determinations, we reviewed the Social Security Act and the Privacy Act, as well as SSA regulations and policies concerning the receipt of Social Security benefits by fugitive felons and concerning the disclosure by SSA of information about individuals; we also spoke with SSA officials about these regulations and policies. In brief, we have determined on the basis of this review that SSA currently lacks the authority to deny OASI and DI benefits to fugitive felons who otherwise are entitled to receive them. We also have determined that the Privacy Act authorizes, but does not require, SSA to provide information that it collects about individuals, including OASI and DI beneficiaries who are fugitive felons, to heads of law enforcement agencies. SSA's regulations, however, generally only allow disclosure of information that it collects about individuals, including OASI and DI IA felony generally refers to a serious crime, either violent or nonviolent, that is usually punishable by imprisonment for more than 1 year. A fugitive felon is defined as someone who is fleeing to avoid prosecution for a felony, or to avoid custody or confinement after conviction for a felony or an attempt to commit a felony. Violators of probation or parole imposed under federal or state law are also ineligible for SSI benefits. For the purposes of this correspondence, we use the term fugitive felon to include probation and parole violators. The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) amended the Social Security Act by making fugitive felons ineligible for SSI benefits. PRWORA also made fugitive felons ineligible for other welfare benefits including food stamps, Temporary Assistance to Needy Families (TANF), and certain federal housing assistance benefits. 3PRWORA added these provisions to the Social Security Act for recipients of TANF, and recipients of SSI benefits; PRWORA added similar provisions to the Food Stamp Act for recipients of food stamps and to the U.S. Housing Act for recipients of federal housing assistance. GAO is conducting a review to determine how the fugitive felon provisions have been implemented. GAO-02-459R Denial of Benefits to Fugitive Felons

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most