Bills
| 3.23.22

Should Fugitives With Outstanding Warrants for Felonies Not Get Social Security Benefits? (H.R. 2792)

Do you support or oppose this bill?

What is H.R. 2792?

(Updated November 30, 2021)

This bill would prohibit the payment of Social Security disability or retirement benefits to individuals with outstanding felony warrants or parole violations. Specifically, it would apply to outstanding warrants for committing or attempting to commit a felony, or violating a condition of parole or probation.

Current law prohibits such benefits from going to a person who is fleeing to avoid prosecution or confinement for committing or attempting to commit a felony, or violating a condition of parole or probation.

This legislation would take effect for benefits payable for months beginning on or after January 1, 2021.

Argument in favor

A wanted felon on the run from the law shouldn’t be receiving a government-issued check each month with Social Security disability or retirement benefits, it’s commonsense.

Argument opposed

Fugitive felons shouldn't receive Social Security benefits but there are already ways to prevent that, and the bill would deny benefits to people who haven't been convicted.

Impact

Fugitive felons; law enforcement; and the Social Security Administration.

Cost of H.R. 2792

The CBO estimates that enacting this bill would decrease spending by about $2.1 billion over the 2018-2027 period.

Additional Info

In-Depth: Sponsoring Rep. Kristi Noem (R-SD) introduced this bill to prohibit individuals with outstanding felony warrants or parole violations from receiving Social Security disability or retirement payments:

“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… Taxpayers shouldn’t be asked to make payments to people who are running from the law. It’s as simple as that.”

House Democrats have expressed opposition to this bill on the grounds that it would deny benefits to people who simply have an outstanding felony warrant and haven't been found guilty of a felony:
"This mean-spirited legislation will: (1) deprive government benefits for poor, elderly, and disabled individuals in direct contradiction of the constitutional presumption of innocence; (2) deny these vulnerable adults due process and lower the legal standard for deprivation of government benefits based on a mere accusation rather than a conviction; (3) increase the likelihood of wrongful termination; (4) magnify the deep inequities in our criminal justice system based on race, ethnicity, and income; and (5) decrease the overall safety of our communities."

This legislation passed the House Ways and Means Committee on a 23-14 vote and has the support of three Republicans in the House, all of whom are Republicans.


Media:

Summary by Eric Revell

(Photo Credit: paolo81 / iStock)