House Subcommittee Passes Permanent Grandfather of "Not Qualified" Immigrants Scheduled to Lose SSI; Hopes Rise for Legislation This Congress

IMMIGRANTS & PUBLIC BENEFITS

E-Mail Benefits Update

HOUSE SUBCOMMITTEE PASSES PERMANENT GRANDFATHER OF "NOT QUALIFIED" IMMIGRANTS SCHEDULED TO LOSE SSI; HOPES RISE FOR LEGISLATION THIS CONGRESS
No. 98-14, September 15, 1998

Today a subcommittee of the House Ways and Means Committee approved by a unanimous voice vote a bill to continue Supplemental Security Income (SSI) and Medicaid eligibility for elderly and disabled "not qualified" immigrants who were receiving benefits on August 22, 1996.

The bill, H.R. 4558, the "Noncitizen Benefit Clarification and Other Technical Amendments Act of 1998," proposes to permanently restore the eligibility of all who are scheduled to lose eligibility on September 30, 1998. The full text of H.R. 4558 is included with this update.

Rep. Clay Shaw (R-FL), Chair of the Ways and Means Subcommittee on Human Resources, introduced the bipartisan bill yesterday along with ranking minority member Sander Levin (D-MI). The cost of the permanent grandfather will be $80 million over five years, evenly divided between SSI and Medicaid expenses. This cost will be paid for by technical changes in the way SSI overpayments are collected.

The full Ways and Means Committee is scheduled to consider H.R. 4558 this Friday, September 18, and the bill may reach the floor of the House for a vote on Wednesday or Thursday of next week. At this morning's mark-up, Rep. Levin expressed the need for Congress to continue assistance to "poverty-stricken elderly and disabled immigrants." He explained that the majority are estimated to be qualified aliens or citizens and that many have lived in the U.S. for decades.

Advocates hope the momentum for a full and permanent grandfather will carry over to the U.S. Senate. It now appears possible that this bill will pass the House and Senate and be signed by the President before Congress adjourns on for the election.

Full Text of H.R. 4558

105th CONGRESS, 2nd SESSION
H.R. 4558
IN THE HOUSE OF REPRESENTATIVES

Mr. SHAW (for himself and Mr. LEVIN of Michigan) introduced the following bill:

A BILL
To make technical amendments to clarify the provision of benefits for non citizens, and to improve the provision of unemployment insurance, child support, and supplemental security income benefits.

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

SEC. 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 MEDICAID FOR NON QUALIFIED 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)(A) 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) for an alien who was receiving such benefits on August 22, 1996.

"(B) An alien who is receiving benefits pursuant to subparagraph (A) shall be eligible for medical assistance under a State plan under title XIX of the Social Security Act (42 U.S.C. et seq.) (relating to medicaid program) under the same terms and conditions that apply to other recipients of benefits under such program.".

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 (c) immediately after the heading therefore, as amended by paragraph (1).

SEC. 4. 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.

(a) 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.".

(b) EFFECTIVE DATE.—The amendment made by subsection (a) of this section 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.

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 renewal of a professional license by a nonresident alien.".

(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 renewal of a professional license by a nonresident alien.".

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 in 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) IN GENERAL.—Section 1612 (a)(2)(C) of the Social Security Act (42 U.S.C. 1382a(a)(2)(C) is amended by inserting ", except a cash award of not more than $2,000 made by a tax-exempt organizations (as defined in section 501(c)(3) of the Internal Revenue Code of 1986) to, or for the benefit of, a child with a life-threatening condition" before the semicolon.

(b) RETROACTIVITY.—The amendment made by subsection (a) shall apply to awards 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 IX of the Social Security Act is amended at the end of 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 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 which is payable to the person under title II of this Act in any month by not more than 10 percent.

"(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 requests.

"(b) NO EFFECT ON SSI ELIGIBILITY OR BENEFIT AMOUNT.—In any case 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

"(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 of 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 of the following:

"(8) 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.

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