Whats going on in Congress with the Farm Bills (Plural) and sex offenders. Folks need to know that Congress has not passed any Farm Bill since 2008, so some updating is needed, for reasons to numerous to mention here. Last year Congress was at a stalemate w/two versions of a Farm Bill, and neither passed, instead they extended the 2008 Farm Bill (a possibility this year if another stalemate occurs). OK, lets review things today:...
1) Senate, most folks know that Sen. Vitter wiggled a bad amendment into S-954 and the Senate passed it. Heck we all know a Farm Bill update needs to happen, but not with Vitter trickery affecting certain sex offenders.
Unfortunately, at this point we cannot do anything about what Vitter did because S-954 passed and was sent to the House for their approval. It sits there with no House action, but worse yet, the bad Vitter amendment is available to all House members to read.
2) House, well they have their own version of a Farm Bill HR-3102 (introduced 9-16 by Rep Lucas) and tucked into that bill is a House version of the Vitter amendment. Obviously Rep. Lucas read what was in S-954 and modified it, then tucked that into his bill HR-3102.
OK, now other House Reps, not to be outdone, have since introduced Farm Bills (HR-2498 and HR-2642) and guess what is tucked into those bills. Right, some version of the bad Vitter amendment.
3) Vitter Amendment Versions: Look closely at the versions below, S-954 and HR-2642 are exactly the same. Now, HR-2498 and HR-3102 are different from S-954 and HR-2642. Yes, confusing, it appears there are some House members who want the SUPER bad Vitter amendment (S-954 Retroactive version). Read on.
4) Retroactivity: This is interesting, S-954 and HR-2642 ARE retroactive, and would deny certain sex offenders food stamps, while HR-2498 and HR-3102 ARE NOT retroactive, and would not deny certain sex offenders if their convictions were before XX DATE (based on when bill would be enacted).
5) Families w/Sex Offender Living with them & Food Stamps: This irks me the most, if either S-954 or HR-2642 versions are enacted, it WILL AFFECT any family who has a qualifying sex offender living with them, assuming they apply for food stamps. see:(2) EFFECTS ON ASSISTANCE AND BENEFITS FOR OTHERS- The amount of benefits otherwise required to be provided to an eligible household under this Act shall be determined by considering the individual to whom paragraph (1) applies not to be a member of such household, except that the income and resources of the individual shall be considered to be income and resources of the household.
Now, if either HR-2498 or HR-3102 are enacted, then the above is only applied to the family's benefit calculation, if the qualifying sex offender's date of conviction is XX DATE or thereafter (DATE based on when these bills would be enacted, if enacted).
Sadly, whenever a family's benefit is affected, it would be for the lifetime of the qualifying sex offender (or as long as they live together). To me this is a definite unconstitutional FAMILY PENALTY, so ACLU folks get ready this needs to end up in court.
6) What to do in the meantime: Personally I'd contact all of my Reps. and Senators, asking them to request removal of ANY version which would deny former felons Food Stamps (that would include qualifying sex offenders according to bills). These bills are going back and forth between House and Senate (and even newer ones are possible) so our requests to lawmakers need to cover all possible versions, some generic verbiage. Click these links to find your Reps and Senators.
By the way, I am not oblivious of the fact that, the dilemma for former sex offenders is probably the least of the worries in Congress right now, but it is important that we keep the wheel squeaking in DC.
7) What will happen if Congress gets to a Farm Bill vote:a) If they cannot decide on anything, it is likely they will AGAIN extend the 2008 Farm Bill;
b) Appoint a Conference Committee to resolve the differences in the pile of pending Farm Bills. If a Committee is appointed then, yes, we should do our best to influence them as best possible (Phone Calls). Given it would be a new Committee there is no list of such committee today.
Finally, remember, once the Joint Committee irons out differences, then BOTH the FULL House and the FULL Senate must approve the resolved bill.
Well thats it for today. Have a great day and a better tomorrow. Stop back here for any updates, I'll post them when they occur.
eAdvocate
S-954 Vitter Amendment:
SEC. 4020. ELIGIBILITY DISQUALIFICATIONS FOR CERTAIN CONVICTED FELONS.
Section 6 of the Food and Nutrition Act of 2008 (7 U.S.C. 2015) (as amended by section 4004) is amended by adding at the end the following:
`(s) Disqualification for Certain Convicted Felons-
`(1) IN GENERAL- An individual shall not be eligible for benefits under this Act if the individual is convicted of--
`(A) aggravated sexual abuse under section 2241 of title 18, United States Code;
`(B) murder under section 1111 of title 18, United States Code;
`(C) an offense under chapter 110 of title 18, United States Code;
`(D) a Federal or State offense involving sexual assault, as defined in 40002(a) of the Violence Against Women Act of 1994 (42 U.S.C. 13925(a)); or
`(E) an offense under State law determined by the Attorney General to be substantially similar to an offense described in subparagraph (A), (B), or (C).
`(2) EFFECTS ON ASSISTANCE AND BENEFITS FOR OTHERS- The amount of benefits otherwise required to be provided to an eligible household under this Act shall be determined by considering the individual to whom paragraph (1) applies not to be a member of such household, except that the income and resources of the individual shall be considered to be income and resources of the household.
`(3) ENFORCEMENT- Each State shall require each individual applying for benefits under this Act, during the application process, to state, in writing, whether the individual, or any member of the household of the individual, has been convicted of a crime described in paragraph (1).'.
HR 2498 Version of Vitter Amendment:
SEC. 4020. ELIGIBILITY DISQUALIFICATIONS FOR CERTAIN CONVICTED FELONS.
Section 6 of the Food and Nutrition Act of 2008 (7 U.S.C. 2015) (as amended by section 4004) is amended by adding at the end the following:
`(s) Disqualification for Certain Convicted Felons-
`(1) IN GENERAL- An individual shall not be eligible for benefits under this Act if the individual is convicted of--
`(A) aggravated sexual abuse under section 2241 of title 18, United States Code;
`(B) murder under section 1111 of title 18, United States Code;
`(C) an offense under chapter 110 of title 18, United States Code;
`(D) a Federal or State offense involving sexual assault, as defined in 40002(a) of the Violence Against Women Act of 1994 (42 U.S.C. 13925(a)); or
`(E) an offense under State law determined by the Attorney General to be substantially similar to an offense described in subparagraph (A), (B), or (C).
`(2) EFFECTS ON ASSISTANCE AND BENEFITS FOR OTHERS- The amount of benefits otherwise required to be provided to an eligible household under this Act shall be determined by considering the individual to whom paragraph (1) applies not to be a member of such household, except that the income and resources of the individual shall be considered to be income and resources of the household.
`(3) ENFORCEMENT- Each State shall require each individual applying for benefits under this Act, during the application process, to state, in writing, whether the individual, or any member of the household of the individual, has been convicted of a crime described in paragraph (1).'.
HR 2642 Version of Vitter Amendment:
SEC. 4037. ELIGIBILITY DISQUALIFICATIONS FOR CERTAIN CONVICTED FELONS.
(a) Amendment- Section 6 of the Food and Nutrition Act of 2008 (7 U.S.C. 2015), as amended by sections 109 and 135, is amended by adding at the end the following:
`(t) Disqualification for Certain Convicted Felons-
`(1) IN GENERAL- An individual shall not be eligible for benefits under this Act if the individual is convicted of--
`(A) aggravated sexual abuse under section 2241 of title 18, United States Code;
`(B) murder under section 1111 of title 18, United States Code;
`(C) an offense under chapter 110 of title 18, United States Code;
`(D) a Federal or State offense involving sexual assault, as defined in 40002(a) of the Violence Against Women Act of 1994 (42 U.S.C. 13925(a)); or
`(E) an offense under State law determined by the Attorney General to be substantially similar to an offense described in subparagraph (A), (B), or (C).
`(2) EFFECTS ON ASSISTANCE AND BENEFITS FOR OTHERS- The amount of benefits otherwise required to be provided to an eligible household under this Act shall be determined by considering the individual to whom paragraph (1) applies not to be a member of such household, except that the income and resources of the individual shall be considered to be income and resources of the household.
`(3) ENFORCEMENT- Each State shall require each individual applying for benefits under this Act, during the application process, to state, in writing, whether the individual, or any member of the household of the individual, has been convicted of a crime described in paragraph (1).'.
(b) Conforming Amendment- Section 5(a) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(a)), as amended by section 109, is amended in the 2d sentence by striking `and (r)' and inserting `, (r), and (t)'.
(c) Inapplicability to Convictions Occurring on or Before Enactment- The amendments made by this section shall not apply to a conviction if the conviction is for conduct occurring on or before the date of the enactment of this Act.
HR 3102 Version of Vitter Amendment:
SEC. 137. ELIGIBILITY DISQUALIFICATIONS FOR CERTAIN CONVICTED FELONS.
(a) Amendment- Section 6 of the Food and Nutrition Act of 2008 (7 U.S.C. 2015), as amended by sections 109 and 135, is amended by adding at the end the following:
`(t) Disqualification for Certain Convicted Felons-
`(1) IN GENERAL- An individual shall not be eligible for benefits under this Act if the individual is convicted of--
`(A) aggravated sexual abuse under section 2241 of title 18, United States Code;
`(B) murder under section 1111 of title 18, United States Code;
`(C) an offense under chapter 110 of title 18, United States Code;
`(D) a Federal or State offense involving sexual assault, as defined in 40002(a) of the Violence Against Women Act of 1994 (42 U.S.C. 13925(a)); or
`(E) an offense under State law determined by the Attorney General to be substantially similar to an offense described in subparagraph (A), (B), or (C).
`(2) EFFECTS ON ASSISTANCE AND BENEFITS FOR OTHERS- The amount of benefits otherwise required to be provided to an eligible household under this Act shall be determined by considering the individual to whom paragraph (1) applies not to be a member of such household, except that the income and resources of the individual shall be considered to be income and resources of the household.
`(3) ENFORCEMENT- Each State shall require each individual applying for benefits under this Act, during the application process, to state, in writing, whether the individual, or any member of the household of the individual, has been convicted of a crime described in paragraph (1).'.
(b) Conforming Amendment- Section 5(a) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(a)), as amended by section 109, is amended in the 2d sentence by striking `and (r)' and inserting `, (r), and (t)'.
(c) Inapplicability to Convictions Occurring on or Before Enactment- The amendments made by this section shall not apply to a conviction if the conviction is for conduct occurring on or before the date of the enactment of this Act.
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