[Congressional Record Volume 143, Number 56 (Monday, May 5, 1997)]
[Extensions of Remarks]
[Page E839]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            WELFARE REFORM TECHNICAL CORRECTIONS ACT OF 1997

                                 ______
                                 

                               speech of

                            HON. JIM McCRERY

                              of louisiana

                    in the house of representatives

                        Tuesday, April 29, 1997

  Mr. McCRERY. Mr. Speaker, I appreciate the opportunity to express my 
views on one particular provision of the technical corrections bill 
before us today. This provision has to do with the eligibility of 
children for SSI benefits, and changes made in determining eligibility 
in accordance with last year's welfare reform law. Public Law 104-193; 
current law defines the period for the Social Security Administration 
[SSA] to make childhood medical determinations to 1 year following 
enactment of the welfare reform law. That is, eligibility 
redeterminations need to be made in required cases by no later than 
August 22, 1997. However, there may be some cases inadvertently missed 
during that period. Such children could be discovered during a 
continuing disability review or other file review after August 22, 
1997. SSA argues that these cases, once discovered, could be subject to 
the medical improvement standard rather than applying the new 
eligibility criteria. This would result in the continuation of benefits 
to children who did not meet the new eligibility criteria.
  I disagree with this interpretation.
  Congress intended that all children affected by these changes would 
be redetermined using the new eligibility criteria and not the medical 
improvement standard. The time period for redetermination contained in 
Public Law 104-193 was included solely for the purpose of forcing the 
Social Security Administration to make an expeditious completion of the 
redetermination of eligibility for all affected children. In fact, the 
record of the proceedings of the Ways and Means Committee will show 
that the Social Security Administration was directly questioned as to 
the amount of time needed to complete the redeterminations. Due to the 
administration's delay in releasing implementing regulations, the 
committee has decided to extend the period of time for SSA to determine 
the eligibility of any child receiving SSI benefits on August 22, 1996, 
whose eligibility may be affected by changes in the childhood 
eligibility criteria from 12 to 18 months. The committee expects SSA to 
comply with the direction of the law, and will hold the Commissioner of 
Social Security fully responsible for noncompliance.

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