[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U.S.C. 3306 note) is hereby repealed.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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