Civil Rights

SOCIAL SECURITY ADMINISTRATION Personal Responsibility and Work Opportunity Reconciliation Act of 1996: Federal Means-Tested Public Benefits Paid by the Social Security Administration

[Page 45284-45285] >From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr26au97-131]

AGENCY: Social Security Administration.

ACTION: Notice of Benefits Paid by the Social Security Administration Meeting the Definition of a ``Federal Means-Tested Public Benefit''.

SUMMARY: The Social Security Administration announces that, for purposes of title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), as amended, the only benefits paid by the Social Security Administration which are ``Federal means-tested public benefits'' are supplemental security income payments made under title XVI of the Social Security Act. This notice pertains to the eligibility of aliens for certain government benefits during their first 5 years of entry with a specified immigrant status, to aliens who are lawfully admitted for permanent residence who can be credited with 40 qualifying quarters of coverage, and to the operation of alien-sponsor deeming rules.

FOR FURTHER INFORMATION CONTACT: Diane Blackman, Deputy Associate Commissioner, Office of Program Benefits Policy, Social Security Administration, 6401 Security Boulevard, Baltimore, Maryland 21235, 410-965-3571.

SUPPLEMENTARY INFORMATION:

Section 403 of title IV of the PRWORA, enacted August 22, 1996, provides that qualified aliens entering the United States on or after the date of enactment, are ineligible for ``Federal means-tested public benefits'' during the first 5 years they are qualified aliens, unless they fall within certain specified exceptions. In addition, sections 402 and 435 provide that aliens who are lawfully admitted for permanent residence are eligible for certain Federal benefits if they can be credited, individually and/or from a spouse or parent, with 40 qualifying quarters of coverage. However, qualifying quarters of coverage may not be credited for any quarter in which the individual received a ``Federal means-tested public benefit'' after December 31, 1996. Similarly, under section 412, aliens who are lawfully admitted for permanent residence are eligible for certain State public benefits if they can be credited with 40 qualifying quarters of coverage but only if they did not receive a ``Federal means-tested public benefit'' in that quarter after the foregoing date. Also, with respect to the operation of the alien-sponsor deeming rules described in section 421, receipt of ``Federal means-tested public benefits'' is a factor in determining the duration of the deeming period.

Prior to the enactment of PRWORA, early versions of the bill contained a definition of ``Federal means-tested public benefit'' that could have encompassed benefits provided by both discretionary spending programs and mandatory spending programs. (These early versions provided that, with certain exceptions, ``the term `Federal means- tested public benefit' meant a public benefit (including cash, medical, housing, and food assistance and social services) of the Federal Government in which the eligibility of an individual, household, or family eligibility unit for benefits, or the amount of such benefits, or both are determined on the basis of income, resources, or financial need of the individual, household, or unit.'' 142 Cong. Rec. S8481 (daily ed. July 22, 1996).)

PRWORA was subject to section 313 of the Congressional Budget Act of 1974, also known as the ``Byrd Rule,'' because it was enacted as a budget reconciliation bill. Under the Byrd Rule, a Senator may raise a point of order to strike or prevent the incorporation of ``extraneous'' material. A provision in a reconciliation bill will be considered ``extraneous'' and subject to a point of order if, among other things, ``it produces changes in outlays or revenues which are merely incidental to the non-budgetary components of the provision.'' 2 U.S.C. Sec. 644(b)(1)(D). The legislative history of PRWORA indicates that the Senate understood the significance of the Byrd Rule objection in terms of limiting the scope of the definition of ``Federal means-tested public benefit'' to mandatory spending programs, while leaving discretionary programs unaffected. See 142 Cong. Rec. at S9403 (daily ed. August 1, 1996) (statement of Senator Chafee); 142 Cong. Rec. at S9400 (statements of Senators Graham, Kennedy and Exon). Therefore, to the extent the definition of ``Federal means-tested public benefit'' included benefits provided by discretionary spending programs, it was potentially subject to a Byrd Rule objection and thus stricken from the legislation.

During Senate debate on PRWORA, a point of order was raised pursuant to the Byrd Rule. The Presiding Officer sustained the point of order, and the ruling was not appealed. The definition was stricken and PRWORA was ultimately enacted without the term ``Federal means-tested public benefit'' being defined. H.R. Conference Report No. 725, 104th Congress, 2nd session 381-82 (1996).

In light of the statutory language and legislative history, ``Federal means-tested public benefit'' applies only to benefits provided by Federal means-tested, mandatory spending programs. The purpose of this notice is to announce which payments made by the Social Security Administration constitute a ``Federal means-tested public benefit'' as described above. The Social Security Administration announces that, of the programs it administers, only supplemental security income benefits under title XVI of the Social Security Act are ``Federal means-tested public benefits'' for purposes of title IV of the Personal Responsibility
[[Page 45285]] and Work Opportunity Reconciliation Act of 1996, as amended.

Dated: August 18, 1997.

/s/
Glenna Donnelly,
Assistant Deputy Commissioner for Programs and Policy.

[FR Doc. 97-22697 Filed 8-25-97; 8:45 am]
BILLING CODE 4190-29-P