[Congressional Record Volume 144, Number 128 (Wednesday, September 23, 1998)]
[House]
[Pages H8498-H8501]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




NONCITIZEN BENEFIT CLARIFICATION AND OTHER TECHNICAL AMENDMENTS ACT OF 
                                  1998

  Mr. CAMP. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 4558) to make technical amendments to clarify the provision of 
benefits for noncitizens, and to improve the provision of unemployment 
insurance, child support, and supplemental security income benefits, as 
amended.
  The Clerk read as follows:

                               H.R. 4558

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Noncitizen Benefit 
     Clarification and Other Technical Amendments Act of 1998''.

     SEC. 2. CONTINUING ELIGIBILITY FOR SSI AND RELATED BENEFIT 
                   FOR NONQUALIFIED ALIENS WHO WERE RECEIVING 
                   BENEFITS ON THE DATE OF THE ENACTMENT OF THE 
                   PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY 
                   RECONCILIATION ACT OF 1996.

       Section 401(b) of the Personal Responsibility and Work 
     Opportunity Reconciliation Act of 1996 (8 U.S.C. 1611(b)) is 
     amended by inserting after paragraph (4) the following new 
     paragraph:
       ``(5) Subsection (a) shall not apply to eligibility for 
     benefits for the program defined in section 402(a)(3)(A) 
     (relating to the supplemental security income program), or to 
     eligibility for benefits under any other program that is 
     based on eligibility for benefits under the program so 
     defined, for an alien who was receiving such benefits on 
     August 22, 1996.''.

     SEC. 3. EXTENSION OF AUTHORIZATION OF SELF-EMPLOYMENT 
                   ASSISTANCE PROGRAMS.

       (a) In General.--Paragraph (2) of section 507(e) of the 
     North American Free Trade Agreement Implementation Act (26 
     U.S.C. 3306 note) is hereby repealed.
       (b) Conforming Amendments.--Subsection (e) of section 507 
     of such Act is further amended--
       (1) by amending the heading after the subsection 
     designation to read ``Effective Date.--''; and
       (2) by striking ``(1) Effective date.--'' and by running in 
     the remaining text of subsection (e) immediately after the 
     heading therefor, as amended by paragraph (1).

     SEC. 4. CORRECTIONS TO THE CHILD SUPPORT PERFORMANCE AND 
                   INCENTIVE ACT OF 1998.

       (a) Reduction of Penalty for State Failure to Meet Deadline 
     for Compliance With Child Support Data Processing and 
     Information Retrieval Requirements if Performance of Certain 
     Aspect of State IV-D Program Meets Performance Threshold.--
       (1) In general.--Section 455(a)(4)(C) of the Social 
     Security Act (42 U.S.C. 655(a)(4)(C)) is amended by adding at 
     the end the following:
       ``(iii) The Secretary shall reduce the amount of any 
     reduction that, in the absence of this clause, would be 
     required to be made under this paragraph by reason of the 
     failure of a State to achieve compliance with section 
     454(24)(B) during the fiscal year, by an amount equal to 20 
     percent of the amount of the otherwise required reduction, 
     for each State performance measure described in section 
     458A(b)(4) with respect to which the applicable percentage 
     under section 458A(b)(6) for the fiscal year is 100 percent, 
     if the Secretary has made the determination described in 
     section 458A(b)(5)(B) with respect to the State for the 
     fiscal year.''.
       (2) Effective Date.--The amendment made by paragraph (1) of 
     this subsection shall take effect as if included in the 
     enactment of section 101(a) of the Child Support Performance 
     and Incentive Act of 1998, and the amendment shall be 
     considered to have been added by section 101(a) of such Act 
     for purposes of section 201(f)(2)(B) of such Act.
       (b) Clarification of Effective Date for Certain Medical 
     Child Support Provisions.--
       (1) In general.--Section 401(c)(3) of the Child Support 
     Performance and Incentive Act of 1998 (42 U.S.C. 652 note) is 
     amended by striking ``of the enactment of this Act'' and 
     inserting ``specified in subparagraph (A)''.
       (2) Effective date.--The amendment made by paragraph (1) of 
     this subsection shall take effect as if included in the 
     enactment of section 401(c)(3) of the Child Support 
     Performance and Incentive Act of 1998.

     SEC. 5. ELIGIBILITY OF NONRESIDENT ALIENS TO RENEW 
                   PROFESSIONAL LICENSES.

       (a) Federal.--Section 401(c)(2) of the Personal 
     Responsibility and Work Opportunity Reconciliation Act of 
     1996 (8 U.S.C. 1611(c)(2)) is amended--
       (1) at the end of subparagraph (A) by striking ``or'';
       (2) at the end of subparagraph (B) by striking the period 
     and inserting ``; or''; and
       (3) by inserting after subparagraph (B) the following new 
     subparagraph:
       ``(C) to the issuance of a professional license to, or the 
     renewal of a professional license by, a foreign national not 
     physically present in the United States.''.
       (b) State or Local.--Section 411(c)(2) of the Personal 
     Responsibility and Work Opportunity Reconciliation Act of 
     1996 (8 U.S.C. 1621(c)(2)) is amended--
       (1) at the end of subparagraph (A) by striking ``or'';
       (2) at the end of subparagraph (B) by striking the period 
     and inserting ``; or''; and
       (3) by inserting after subparagraph (B) the following new 
     subparagraph:
       ``(C) to the issuance of a professional license to, or the 
     renewal of a professional license by, a foreign national not 
     physically present in the United States.''.

     SEC. 6. CLARIFICATION OF OBLIGATION OF WELFARE-TO-WORK FUNDS.

       (a) In General.--Section 403(a)(5)(A)(iv)(II) of the Social 
     Security Act (42 U.S.C. 603(a)(5)(A)(iv)(II)) is amended by 
     striking ``or sub-State entity'' and inserting ``, other than 
     funds reserved by the State for distribution under clause 
     (vi)(III) and funds distributed pursuant to clause (vi)(I) in 
     any State in which the service delivery area is the State''.
       (b) Retroactivity.--The amendment made by subsection (a) 
     shall take effect as if included in the enactment of section 
     5001 of the Balanced Budget Act of 1997.

     SEC. 7. DISREGARD OF LIMITED AWARDS MADE TO CHILDREN WITH 
                   LIFE-THREATENING CONDITIONS UNDER THE 
                   SUPPLEMENTAL SECURITY INCOME PROGRAM.

       (a) Income Disregard.--Section 1612(b) of the Social 
     Security Act (42 U.S.C. 1382a(b)) is amended--
       (1) by striking ``and'' at the end of paragraph (20);
       (2) by striking the period at the end of paragraph (21) and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(22) any gift to, or for the benefit of, an individual 
     who has not attained 18 years of age and who has a life-
     threatening condition, from an organization described in 
     section 501(c)(3) of the Internal Revenue Code of 1986 which 
     is exempt from taxation under section 501(a) of such Code--
       ``(A) in the case of an in-kind gift, if the gift is not 
     converted to cash; or
       ``(B) in the case of a cash gift, only to the extent that 
     the total amount excluded from the income of the individual 
     pursuant to this paragraph in the calendar year in which the 
     gift is made does not exceed $2,000.''.
       (b) Resource Disregard.--Section 1613(a) of the Social 
     Security Act (42 U.S.C. 1382b(a)) is amended--
       (1) by striking ``and'' at the end of paragraph (11);
       (2) by striking the period at the end of paragraph (12) and 
     inserting ``; and''; and
       (3) by inserting after paragraph (12) the following:
       ``(13) any gift to, or for the benefit of, an individual 
     who has not attained 18 years of age and who has a life-
     threatening condition, from an organization described in 
     section 501(c)(3) of the Internal Revenue Code of 1986 which 
     is exempt from taxation under section 501(a) of such Code--
       ``(A) in the case of an in-kind gift, if the gift is not 
     converted to cash; or
       ``(B) in the case of a cash gift, only to the extent that 
     the total amount excluded from the resources of the 
     individual pursuant to this paragraph in the calendar year in 
     which the gift is made does not exceed $2,000.''.
       (c) Retroactivity.--The amendments made by this section 
     shall apply to gifts made on or after the date that is 2 
     years before the date of the enactment of this Act.

     SEC. 8. ENHANCED RECOVERY OF SSI OVERPAYMENTS FROM SOCIAL 
                   SECURITY BENEFITS.

       (a) In General.--Part A of title XI of the Social Security 
     Act is amended by adding at the end the following new 
     section:


      ``recovery of ssi overpayments from social security benefits

       ``Sec. 1147. (a) In General.--(1) Whenever the Commissioner 
     of Social Security determines that more than the correct 
     amount of any payment has been made under the supplemental 
     security income program under title XVI of this Act 
     (including, for purposes of this section, under section 
     1616(a) of this Act or section 212(b) of Public Law 93-66) to 
     a person who is not currently eligible for cash benefits 
     under the program, the Commissioner, notwithstanding section 
     207 of this Act but subject to paragraph (2) of this 
     subsection, may recover the amount incorrectly paid by 
     decreasing any amount which is payable to the person under 
     title II of this Act in any month by not more than 10 percent 
     of the amount payable under such title II.
       ``(2) The 10 percent limitation set forth in paragraph (1) 
     shall not apply to an overpayment made to a person if--
       ``(A) the person or the spouse of the person was involved 
     in willful misrepresentation or concealment of material 
     information in connection with the overpayment; or
       ``(B) the person so requests.
       ``(b) No Effect on SSI Eligibility or Benefit Amount.--In 
     any case in which the Commissioner of Social Security takes 
     action in accordance with subsection (a) to recover an amount 
     incorrectly paid to any person, neither that person, nor any 
     individual whose eligibility for benefits under the 
     supplemental security income program under title XVI, or 
     whose amount of such benefits, is determined by considering 
     any part of that person's income, shall, as a result of such 
     action--
       ``(1) become eligible for benefits under such program, or

[[Page H8499]]

       ``(2) if such person or individual is otherwise so 
     eligible, become eligible for increased benefits under such 
     program.''.
       (b) Conforming Amendments.--
       (1) Section 204 of such Act (42 U.S.C. 404) is amended by 
     adding at the end the following:
       ``(g) For payments which are adjusted or withheld to 
     recover an overpayment of supplemental security income 
     benefits paid under title XVI of this Act (including State 
     supplementary payments paid under an agreement pursuant to 
     section 1616(a) of this Act or section 212(b) of Public Law 
     93-66), see section 1147.''.
       (2) Section 1631(b) of such Act (42 U.S.C. 1383(b)) is 
     amended by adding at the end the following:
       ``(5) For provisions relating to the recovery of benefits 
     incorrectly paid under this title from benefits payable under 
     title II, see section 1147.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act 
     and shall apply to amounts incorrectly paid which remain 
     outstanding on or after such date.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Michigan (Mr. Camp) and the gentleman from Michigan (Mr. Levin), each 
will control 20 minutes.
  The Chair recognizes the gentleman from Michigan (Mr. Camp).


                             General Leave

  Mr. CAMP. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days in which to revise and extend their remarks and 
include extraneous material on H.R. 4558.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Michigan?
  There was no objection.
  Mr. CAMP. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I want to take a moment and extend the regrets of the 
gentleman from Florida (Mr. Shaw) that, due to a death in his family, 
he could not be here personally to manage this bill on the floor today.
  Mr. Speaker, this is a time-sensitive bill that makes technical 
amendments to clarify provisions of benefits for noncitizens and to 
improve the provision of unemployment insurance, child support and 
supplemental security income benefits.
  This legislation includes a handful of seemingly minor but in fact 
important changes that serve several goals. Each of its provisions has 
drawn bipartisan support, and I see my colleague from Michigan is here 
as well. None of the provisions is opposed by the administration.
  The bill's major provision ensures that every elderly or disabled 
noncitizen already dependent on supplemental security income benefits 
when we passed welfare reform will remain eligible. At the same time we 
are maintaining the underlying policy on welfare for newly arriving 
immigrants achieved in the welfare reform law, that those who arrived 
after 1996 must work or naturalize before becoming eligible for 
government benefits.
  Second, we are making a number of common sense changes that encourage 
work and personal responsibility in several programs under the 
jurisdiction of the Committee on Ways and Means.
  Finally, many people are familiar with the Make-A-Wish Foundation or 
the many similar organizations that fulfill the dreams of children with 
life threatening conditions by, for example, sending a child with 
terminal cancer to Disney World. Yet under current rules a sick child 
granted such a wish can lose some supplemental security income benefits 
or even lose SSI benefits altogether. We are fixing this problem so 
children who have their wishes fulfilled by charitable groups will no 
longer risk losing this critical support.
  This legislation is completely paid for and has drawn bipartisan 
support. I urge its swift adoption.
  Mr. Speaker, I reserve the balance of my time.
  Mr. LEVIN. Mr. Speaker, I yield myself such time as I may consume.
  I join with the gentleman from Michigan (Mr. Camp) today. I regret 
that the gentleman from Florida (Mr. Shaw) cannot be here because of a 
death in the family. We have been working together on this matter as 
well as other issues, and I am glad that the gentleman from Michigan 
(Mr. Camp) can be here in his stead.
  Mr. Speaker, the bipartisan legislation before us makes compassionate 
and common sense changes to several important programs. Most 
importantly, the bill provides for a permanent extension of 
supplemental security income for so-called nonqualified aliens. When we 
passed the Balanced Budget Act last year, we promised to continue SSI 
benefits for all legal immigrants who were receiving benefits before 
the enactment of welfare reform.
  However, the statute only applied this grandfather status to 
qualified aliens, a criteria which excluded certain legal immigrants 
formerly referred to as persons residing under the color of law.
  This legislation makes good on our original pledge to continue SSI 
benefits for all legal aliens regardless of their particular 
immigration status.
  This bill more than offsets the cost of this change by providing the 
Social Security Administration with limited authority to recoup SSI 
overpayments from Social Security checks. In fact, as a whole the 
legislation will save the Federal Government $93 million over the next 
5 years.
  This clearly illustrates that we can both be socially compassionate 
and fiscally prudent if we work together on our Nation's problems.
  There are a few important points to remember about the population we 
are helping with this legislation. First, recent studies have clearly 
indicated that up to \3/4\ of those now classified as nonqualified 
aliens are, in fact, U.S. citizens or qualified aliens.
  Second, many of the remaining individuals in this nonqualified group 
have been in our country for decades and, therefore, cannot be accused 
of coming to the U.S. to collect public benefits.
  Third, these individuals are, by definition, poverty stricken and 
disabled or elderly, meaning the elimination of their SSI benefits 
would leave them in a dire predicament.
  Beyond protecting the SSI safety net for long time legal residents of 
this country, the legislation we are considering includes several other 
beneficial provisions, as mentioned by the gentleman from Michigan (Mr. 
Camp).
  For example, the bill permanently extends the self-employment 
assistance program, which aids unemployment insurance recipients in 
starting their own businesses. The bill also clarifies that the 1996 
welfare law does not bar foreign nationals from obtaining or renewing 
professional licenses in this country.
  Finally, the legislation will ensure that sick children do not lose 
their SSI benefits when they receive gifts from nonprofit organizations 
such as the Make-A-Wish Foundation.
  Mr. Speaker, I urge my colleagues to support this legislation to 
strengthen our Nation's safety net for those less fortunate than 
ourselves. The bill is bipartisan. It is paid for, and it makes good 
sense and fulfills our promise.
  Mr. Speaker, I include for the Record a Statement of Administration 
Policy in support of this bill:

                   Statement of Administration Policy

       (This statement has been coordinated by OMB with the 
     concerned agencies.)


    h.r. 4558--Noncitizen benefit clarification and other technical 
                         amendments act of 1998

                   Reps. Shaw (R) FL and Levin (D) MI

       The Administration strongly supports H.R. 4558. The bill 
     would allow certain vulnerable legal immigrants to continue 
     to receive Supplemental Security Income and Medicaid benefits 
     for which they otherwise would be ineligible after September 
     30, 1998. H.R. 4558 would further the President's efforts to 
     reverse unduly harsh benefit restrictions on legal immigrants 
     that have nothing to do with moving people from welfare to 
     work. The Administration applauds this bipartisan effort.


                         pay-as-you-go scoring

       H.R. 4558 would affect direct spending; therefore, it is 
     subject to the pay-as-you-go requirements of the Omnibus 
     Budget Reconciliation Act of 1990. The Office of Management 
     and Budget's preliminary scoring estimate is that the bill 
     would result in a net decrease in direct spending of $5 
     million in FY 1999 and a total of $58 million during FYs 1999 
     through 2003.

  Mr. Speaker, I reserve the balance of my time.
  Mr. CAMP. Mr. Speaker, I include the following letters as part of the 
Record:
                                       Committee on the Judiciary,


                                     House of Representatives,

                               Washington, DC, September 22, 1998.
     Hon. Bill Archer
     Chairman, Committee on Ways and Means,
     Lonworth House Office Building,
     Washington, DC.
       Dear Mr. Chairman: On September 18, 1998, the Committee on 
     Ways and Means ordered reported H.R. 4558, the ``Noncitizen

[[Page H8500]]

     Benefit Clarification and Other Technical Amendments Act of 
     1998''. The bill makes technical amendments to clarify the 
     provisions of benefits for noncitizens, and to improve the 
     provision of unemployment insurance, child support, and 
     supplemental security income benefits. As you know, Section 2 
     and 5--which relate to aliens--fall within the Rule X 
     jurisdiction of the Committee on the Judiciary.
       Given the importance of this legislation and your interest 
     in moving the bill to the House Floor in an expeditious 
     manner, I will agree not to request a referral of this bill. 
     By agreeing not to exercise the Judiciary Committees's 
     jurisdiction, the Committee does not waives its 
     jurisdictional interest in this bill or similar legislation. 
     Further, the Committee would preserve its prerogative to seek 
     to be represented in any House-Senate conference committee 
     that may be convened on H.R. 4558.
       I appreciate your consideration of our interest in this 
     legislation and look forward to working with you on its 
     passage. Further, I would appreciate an acknowledgement of 
     this letter and would request that our exchange of letters be 
     included in the Record of debate on this bill.
           Sincerely,
                                                    Henry J. Hyde,
     Chairman.
                                  ____

                                      Committee on Ways and Means,


                                U.S. House of Representatives,

                               Washington, DC, September 22, 1998.
     Hon. Henry J. Hyde,
     Chairman, Committee on the Judiciary,
     Rayburn HOB, Washington, DC.
       Dear Mr. Chairman: Thank you for your letter regarding your 
     Committee's jurisdictional interest in H.R. 4558, the 
     ``Noncitizen Benefit Clarification and Other Technical 
     Amendments Act of 1998.''
       I acknowledge your interest in this legislation and 
     appreciate your cooperation in moving the bill to the House 
     floor expeditiously. I agree to work with you as this 
     legislation moves forward and also agree that your decision 
     to forego further action on the bill will not prejudice the 
     Judiciary Committee with respect to its jurisdictional 
     prerogatives on H.R. 4558, or similar legislation.
       Thank you again for your cooperation.
           Sincerely,
                                                      Bill Archer,
     Chairman.
                                  ____



                                        Committee on Commerce,

                               Washington, DC, September 22, 1998.
     Hon. Bill Archer,
     Chairman, House Committee on Ways and Means; Longworth House 
         Office Building, Washington, DC.
       Dear Bill: On May 13, 1998, the Committee on Ways and Means 
     ordered reported H.R. 4558, the Noncitizen Benefit 
     Clarification and Other Technical Amendments Act of 1998. 
     Among other provisions, this bill addresses the Medicaid 
     eligibility for individuals who receive Social Security 
     Insurance (``SSI''). As you know, standards for medicaid 
     eligibility fall within the Committee's jurisdiction under 
     Rule X of the Rules of the House of Representatives.
       Because of the importance of this matter, I recognize your 
     desire to bring this legislation before the House in an 
     expeditious manner. Therefore, I will waive consideration of 
     the bill by the Commerce Committee. By agreeing to waive its 
     consideration of the bill, the Commerce Committee does not 
     waive its jurisdiction over these provisions or similar 
     legislation. In addition, the Commerce Committee reserves its 
     authority to seek conferees on the provisions of the bill 
     that are within the Commerce Committee's jurisdiction during 
     any House-Senate conference that may be convened on this 
     legislation. I request that you support any request by the 
     Commerce Committee for conferees on this or similar 
     legislation.
       I also request that you submit this letter for the record 
     during consideration of H.R. 4558 on the House floor. Thank 
     you for your attention to these matters.
           Sincerely,
                                                       Tom Bliley,
     Chairman.
                                  ____

                                      Committee on Ways and Means,


                                U.S. House of Representatives,

                               Washington, DC, September 22, 1998.
     Hon. Thomas J. Bliley, Jr.,
     Chairman, House Committee on Commerce,
     Rayburn House Office Building,
     Washington, DC.
       Dear Chairman Bliley: Thank you for your letter regarding 
     your Committee's interest in H.R. 4558, the ``Noncitizen 
     Benefit Clarification and Other Technical Amendments Act of 
     1998.'' As you know, the bill, as introduced, was referred to 
     the Committee on Ways and Means, and in addition, to the 
     Committee on Commerce. I understand that it is scheduled to 
     be considered on the House floor on September 23, 1998.
       I further understand that the motion to suspend the rules 
     will include a manager's amendment clarifying that the 
     restoration of Supplemental Security Income (SSI) benefits 
     for certain non-qualified aliens contained in the bill 
     applies, accordingly, to eligibility for benefits under other 
     programs, such as Medicaid, that are based on eligibility for 
     SSI.
       I acknowledge your jurisdictional interest in this 
     legislation and appreciate your cooperation in moving the 
     bill forward to the House floor expeditiously. As you 
     requested, I will insert a copy of our exchange of letters on 
     this matter in the Record during floor consideration of the 
     bill.
       Thank you again for your assistance on this matter. With 
     best personal regards,
           Sincerely,
                                                      Bill Archer,
                                                         Chairman.
  Mr. CAMP. Mr. Speaker, I yield myself such time as I may consume.
  This legislation, as my colleague, the gentleman from Michigan (Mr. 
Levin) correctly pointed out, was very much a bipartisan piece of 
legislation. I would like to particularly note that there was one 
provision regarding the Make-A-Wish Foundation and other similar 
organizations that help children who have life-threatening diseases 
fulfill their childhood dreams or their wishes.
  Under current law, SSI benefits or supplemental security income 
benefits could be lost by the child receiving such a benefit. That 
could be a trip to Disney World, as I said, or some other type of trip. 
Because those were deemed as a benefit, these children were put at 
risk.
  My colleague, the gentleman from Pennsylvania (Mr. English) was 
absolutely instrumental in making this change. This was a problem he 
had heard about, he knew about. He brought this to the attention of the 
committee and did a tremendous job in making this change. I just wanted 
to make sure that the Record reflected his leadership on this 
particular issue.
  Mr. Speaker, I yield such time as he may consume to the gentleman 
from Pennsylvania (Mr. English).
  Mr. ENGLISH of Pennsylvania. Mr. Speaker, I rise today in strong 
support of H.R. 4558.
  This is good legislation that does a number of things that I think 
Congress needs to do before we leave. Among others, it permanently 
reauthorizes the self-employed assistance program. This program enables 
individuals who would otherwise be unemployed to create their own jobs 
by creating microenterprises. The efforts of the Ridge administration 
in my home State of Pennsylvania demonstrate that this is an effective 
tool in helping people become reemployed.
  This legislation also corrects a problem that has given bureaucrats a 
bad name. The Social Security Administration has a policy of cutting 
the SSI benefits of children with life-threatening illnesses who 
receive cash from tax exempt groups that grant their wish, say, to 
visit Walt Disney World, go on a shopping spree or meet a celebrity.
  Under current policy, Mr. Speaker, accepting cash for expenses means 
that the family has to report it as an increase in income. This could 
result in the reduction of SSI benefits and, in a number of rare cases, 
elimination of Social Security benefits. This is an absurd situation.
  Since 1980, the Make-A-Wish Foundation, as an example, has worked to 
grant one special wish to every child referred to them with a life-
threatening illness. They give these children their fondest dream as a 
way of relieving the daily pain, stress and worries that their illness 
forces them to face daily. The Make-A-Wish Foundation volunteers make 
sure that every detail of the wish experienced, every phone call, every 
travel expense is taken care of.
  Mr. Speaker, it simply is not fair to take needed benefits from sick 
children just because they have a dream and a charity is willing to 
make it come true. The Shaw-English provision of H.R. 4558 would exempt 
up to $2000 in cash awards given to these children and their families 
for incidentals when their wish is granted.
  This important legislation ensures that organizations like the Make-
A-Wish Foundation can continue to grant the wishes of sick children. It 
is wrong for bureaucrats to turn a child's wish into a parent's 
nightmare. I urge my colleagues to support H.R. 4558.
  I include for the Record a statement from the chairman of the board 
of the Make-A-Wish Foundation:

      Statement From the Chairman of the Board of the Make-A-Wish 
         Foundation' of America Regarding H.R. 4558

                          (By Tony Leal, Jr.)

       Since its founding in 1980, the Make-A-Wish Foundation has 
     striven to accomplish one simple task: to grant one special 
     wish to every child who is referred to us with a life-
     threatening illness. Our goal is to fulfill our children's 
     fondest dream in a way that relieves them and their families 
     of the daily pain, stress, and worries that come when 
     children are forced to fight a very grown-up battle. Whether 
     the wish is to visit a theme

[[Page H8501]]

     park, meet a celebrity, go on a shopping spree or to be a 
     cowboy at a dude ranch, our volunteers make sure every detail 
     of the wish experience--every expense, every phone call, 
     every travel arrangement--is taken care of. We don't want 
     families to have a worry in the world as our wish children 
     live their fondest dreams.
       The dedicated staff and more than 13,000 volunteers of the 
     Make-A-Wish Foundation have accomplished this task for more 
     than 50,000 children since 1980. From time to time, we grant 
     wishes to children whose families receive Supplemental 
     Security Insurance benefits. Because many wishes, such as one 
     involving travel, include providing the family with enough 
     spending money to sustain them through the experience, we 
     have found that an unintended consequence of the SSI 
     eligibility rules has forced families to choose between 
     having their sick children's wishes granted or retaining 
     their SSI benefits. To accept any spending money as part of 
     the wish experience forces them to report increased income, 
     resulting in a reduction--or in rare cases the elimination--
     of SSI benefits.
       The effect of Section 7 of House Resolution 4558 on our 
     wish families would be to relieve them from having to make 
     the impossible choice between SSI benefits and a wish for 
     their children. After all, these families have enough tough 
     decisions to make. The Make-A-Wish Foundation appreciates the 
     dedication and attention that Make-A-Wish volunteers in our 
     communities, as well as members of Congress, have devoted to 
     this issue.

  Mr. LEVIN. Mr. Speaker, I yield such time as he may consume to the 
gentleman from California (Mr. Filner).
  Mr. FILNER. Mr. Speaker, I thank the gentleman for yielding me the 
time.
  I thank the authors of H.R. 4558, the Noncitizen Benefit 
Clarification Act, for their efforts that brought us this legislation 
today. When we passed the welfare reform bill in 1996, at that time I 
cautioned my colleagues that we were reaching too far, that we were 
hurting people who genuinely needed assistance, and we would have to 
right the bill's wrong at some point.
  I am glad that today we will rein in the overreaching arm of this so-
called reform, correct the overbite of this legislation and bring 
comfort and aid to those unjustly affected.
  Among its several corrections, this bill includes one that will 
immediately impact and assist residents in my congressional district in 
San Diego, California. When Congress approved that 1996 legislation, 
thousands of resident immigrants who had been receiving SSI benefits 
had their benefit eligibility rescinded. The bill overreached and 
mistakenly categorized these people as nonqualified aliens ineligible 
to receive SSI benefits.
  As I said at the time and as the Social Security Administration has 
since verified, the benefits of thousands of qualified recipients were 
swept away by the extreme nature of the 1996 legislation. While 
Congress has sought to correct the situation and to help those 
individuals with short-term benefit extensions, today we will make that 
eligibility permanent.
  This legislation is about guaranteeing humane treatment to people who 
need assistance and to protect them from the unintended effects of so-
called welfare reform. I hope we will remember this serious error when 
next we try to reform a program that provides critical assistance to 
our citizens and residents.
  I urge my colleagues to support this vital legislation.
  Mr. UNDERWOOD. Mr. Speaker, the bill before us today, H.R. 4558, is 
important in that it clarifies the eligibility of immigrants in 
receiving Supplemental Security Income (SSI) benefits. As you know, the 
1997 Balanced Budget Act permanently grandfathered most but not all 
noncitizens who were receiving SSI benefits when the welfare reform law 
was signed into law on August 22, 1996. About 22,000 ``nonqualified'' 
noncitizens were grandfathered through on September 30, 1998 in order 
to give the Social Security Administration adequate time to determine 
their status. This legislation would clarify that these individuals--
many of whom are elderly or disabled and who claim citizenship but lack 
documentation or are not capable of documenting their immigration 
status--will continue to receive SSI benefits from the federal 
government.
  While there should be strong and vigorous debate on the ensuring that 
those most in need of public assistance not fall through the safety 
net, perhaps it is not clearly known that not all U.S. citizens are 
eligible for participation in the SSI program. SSI is available to 
citizens who live in one of the 50 States; however, U.S. citizens 
residing in Guam, American Samoa, the U.S. Virgin Islands and Puerto 
Rico are not eligible for assistance under the SSI program. Given the 
fact that the cost of living is much higher in the territories than 
almost any mainland location, and given the fact that we have a 
permanent cap on Medicaid, I sincerely believe that there is a definite 
need to extend the SSI program to the territories.
  Citizenship in this country and the privileges associated with it 
should not be measured by geographic choice in residency or the size of 
one's pocketbook. Whether one chooses to live in Hagatna, St. Croix or 
Peoria, a federally funded program should be accessible to everyone.
  I urge my colleagues to pass H.R. 4558 and to extend the SSI program 
to the American citizens in the territories.
  Mr. TOWNS. Mr. Speaker, I rise today in support of H.R. 4558 
legislation which will ``grandfather'' SSI and Medicaid eligibility for 
those elderly and disabled legal immigrants who were receiving benefits 
on August 22, 1996 and are designated as ``not qualified'' under the 
1996 welfare law.
  Currently, over 12,000 such immigrants nationwide, most of whom are 
elderly, are scheduled to lose their SSI benefits on September 30, 
1998. In New York State alone, approximately 1,865 people will lose 
these benefits. Many in New York, and the rest of the country, will 
also lose their Medicaid.
  Many in this group are actually qualified immigrants eligible for 
continuing to receive SSI benefits, but are miscoded in the Social 
Security Administration (SSA) files and stand to lose their benefits 
because of administrative error. Eighty percent or more of those coded 
``not qualified'' by SSA are in fact qualified immigrants whom the 1997 
restoration was meant to benefit. Yet they will lose their benefits 
unless we, their elected officials, grandfather these individuals.
  Those who would lose assistance include the most vulnerable 
immigrants in need, the elderly and disabled, many homebound and frail, 
who are least able to comprehend or respond to efforts to reach out and 
protect them. For example, a 100 year old woman in New York receiving 
24 hour home care is at risk of losing her benefits. I know none of us 
wants this type of tragedy to occur.
  I urge my colleagues on both sides of the aisle to join me in 
supporting and passing this legislation before the September 30th, 1998 
deadline and avoid a needless crisis.
  Mr. STARK. Mr. Speaker, I rise in support of H.R. 4558, the 
Noncitizen Benefit Clarification and Other Technical Amendments Act of 
1998.
  H.R. 4558 will extend Supplemental Security Income (SSI) benefits for 
nonqualified aliens who were receiving benefits before the enactment of 
welfare reform.
  This group of about 12,000 aliens, all of whom are elderly or 
disabled or both, will lose SSI and Medicaid on October 1 of this year 
unless Congress votes to permanently extend their benefits. The vast 
majority of affected recipients reside in California.
  The Federal Government has a responsibility to set guidelines that 
protect the vulnerable in this country. As a society, we have an 
obligation to support the elderly, the disabled and the poor. By 
gouging our food stamp program and denying benefits to legal 
immigrants, welfare reform doesn't even come close to those standards.
  Welfare reform pushes more children into poverty and leaves more of 
the poor without the health care they need. I support this correction 
and believe we should be doing more to give the needy a helping hand.
  Mr. CAMP. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  Mr. LEVIN. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Michigan (Mr. Camp) that the House suspend the rules and 
pass the bill, H.R. 4558, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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