[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1133 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 1133

       To amend the Personal Responsibility and Work Opportunity 
Reconciliation Act of 1996 to provide exceptions for mentally disabled 
 aliens from provisions which restrict welfare and public benefits for 
                                aliens.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 19, 1997

 Mr. Kennedy of Rhode Island introduced the following bill; which was 
  referred to the Committee on Ways and Means, and in addition to the 
Committees on Agriculture, Commerce, and the Judiciary, for a period to 
      be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
       To amend the Personal Responsibility and Work Opportunity 
Reconciliation Act of 1996 to provide exceptions for mentally disabled 
 aliens from provisions which restrict welfare and public benefits for 
                                aliens.

    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 ``Fairness for Mentally Disabled New 
Americans Act of 1997''.

SEC. 2. LIMITED ELIGIBILITY OF QUALIFIED ALIENS FOR SSI AND FOOD 
              STAMPS: EXCEPTION FOR MENTALLY DISABLED ALIENS.

    (a) In General.--Section 402(a)(2) of the Personal Responsibility 
and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(a)(2)) 
is amended by adding after subparagraph (D) the following new 
subparagraph:
                    ``(E) Certain disabled aliens.--Paragraph (1) shall 
                not apply to an alien who--
                            ``(i) on the date of the enactment of the 
                        Personal Responsibility and Work Opportunity 
                        Reconciliation Act of 1996 is a qualified alien 
                        (as defined in section 431); and
                            ``(ii) is, or would be, considered disabled 
                        due to mental impairment under section 1614 of 
                        the Social Security Act.''.
    (b) Effective Date.--The amendment made by subsection (a) shall be 
effective as if included in the enactment of title IV of the Personal 
Responsibility and Work Opportunity Reconciliation Act of 1996.

SEC. 3. LIMITED ELIGIBILITY OF QUALIFIED ALIENS FOR TEMPORARY 
              ASSISTANCE FOR NEEDY FAMILIES, SOCIAL SERVICES BLOCK 
              GRANT, AND MEDICAID: EXCEPTION FOR MENTALLY DISABLED 
              ALIENS.

    (a) In General.--Section 402(b)(2) of the Permanent Responsibility 
and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(b)(2)) 
is amended by adding after subparagraph (D) the following new 
subparagraph:
                    ``(E) Certain disabled aliens.--Paragraph (1) shall 
                not apply to an alien who--
                            ``(i) on the date of the enactment of the 
                        Personal Responsibility and Work Opportunity 
                        Reconciliation Act of 1996 is a qualified alien 
                        (as defined in section 431); and
                            ``(ii) is, or would be, considered disabled 
                        due to mental impairment under section 1614 of 
                        the Social Security Act.''.
    (b) Effective Date.--The amendment made by subsection (a) shall be 
effective as if included in the enactment of title IV of the Personal 
Responsibility and Work Opportunity Reconciliation Act of 1996.

SEC. 4. STATE AUTHORITY TO LIMIT ELIGIBILITY OF QUALIFIED ALIENS FOR 
              STATE PUBLIC BENEFITS: EXCEPTION FOR MENTALLY DISABLED 
              ALIENS.

    (a) In General.--Section 412(b) of the Permanent Responsibility and 
Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1622(b)) is 
amended by adding after paragraph (4) the following new paragraph:
            ``(5) Certain disabled aliens.--Subsection (a) shall not 
        apply to an alien who--
                    ``(A) on the date of the enactment of the Personal 
                Responsibility and Work Opportunity Reconciliation Act 
                of 1996 is a qualified alien (as defined in section 
                431); and
                    ``(B) is, or would be, considered disabled due to 
                mental impairment under section 1614 of the Social 
                Security Act.''.
    (b) Effective Date.--The amendment made by subsection (a) shall be 
effective as if included in the enactment of title IV of the Personal 
Responsibility and Work Opportunity Reconciliation Act of 1996.

SEC. 5. PROHIBITION ON STATE REQUIREMENTS OF MINIMUM UNITED STATES 
              RESIDENCE FOR STATE BENEFITS FOR MENTALLY DISABLED 
              ALIENS.

    Title IV of the Permanent Responsibility and Work Opportunity 
Reconciliation Act of 1996 is amended by inserting after section 412 
the following new section:

``SEC. 413. PROHIBITION ON REQUIREMENT FOR MINIMUM UNITED STATES 
              RESIDENCE FOR MENTALLY DISABLED ALIENS.

    ``(a) In General.--Notwithstanding any other provision of law, in 
determining the eligibility or the amount of benefits of a mentally 
disabled alien for any State or local public benefits, a State or 
political subdivision that offers the benefits may not provide for a 
minimum period of residence in the United States for any alien who on 
the date of the enactment of the Personal Responsibility and Work 
Opportunity Reconciliation Act of 1996 was lawfully present in the 
United States.
    ``(b) Mentally Disabled Defined.--For the purposes of subsection 
(a) the term `mentally disabled' means an alien who is, or would be, 
considered disabled due to mental impairment under section 1614 of the 
Social Security Act.''.

SEC. 6. NATURALIZATION OF CERTAIN MENTALLY DISABLED PERMANENT RESIDENT 
              ALIENS.

    (a) Amendment to the Immigration and Nationality Act.--Chapter 2 of 
the Immigration and Nationality Act is amended by inserting after 
section 312 the following new section:

             ``naturalization of mentally disabled persons

    ``Sec. 312A. The requirements of section 312 and 337 shall not 
apply to an alien who--
            ``(1) on the date of the enactment of the Personal 
        Responsibility and Work Opportunity Reconciliation Act of 1996 
        is lawfully admitted to the United States for permanent 
        residence under the Immigration and Nationality Act;
            ``(2) is unable due to developmental disability or mental 
        impairment to comply with such requirements; and
            ``(3) has a legally appointed guardian who is a United 
        States citizen.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to applications for naturalization filed on or after the date of 
enactment of this Act and to applications for naturalization pending on 
such date.
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