[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1445 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 1445

       To amend the Personal Responsibility and Work Opportunity 
  Reconciliation Act of 1996 to provide for continued eligibility for 
  supplemental security income and food stamps with regard to certain 
                       classifications of aliens.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 24, 1997

  Mr. King (for himself and Mrs. McCarthy of New York) introduced the 
following bill; which was referred to the Committee on Ways and Means, 
  and in addition to the Committee on Agriculture, 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 for continued eligibility for 
  supplemental security income and food stamps with regard to certain 
                       classifications of 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 Legal Immigrants Act of 
1997''.

SEC. 2. CONTINUED ELIGIBILITY OF CERTAIN ALIENS FOR SUPPLEMENTAL 
              SECURITY INCOME AND FOOD STAMPS.

    (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--
            (1) by striking subparagraph (A) and inserting the 
        following:
                    ``(A) Refugees and asylees.--
                            ``(i) Refugees lawfully present on date of 
                        enactment.--Paragraph (1) shall not apply to an 
                        alien who was admitted to the United States as 
                        a refugee under section 207 of the Immigration 
                        and Nationality Act on or before the date of 
                        enactment of this Act.
                            ``(ii) Time-limited exception for other 
                        refugees and asylees.--Paragraph (1) shall not 
                        apply to an alien until 5 years after the 
                        date--
                                    ``(I) an alien is granted asylum 
                                under section 208 of such Act;
                                    ``(II) an alien's deportation is 
                                withheld under section 243(h) of such 
                                Act (as in effect immediately before 
                                enactment of section 307 of division C 
                                of Public Law 104-208) or section 
                                241(b)(3) of such Act (as amended by 
                                section 305(a) of division C of Public 
                                Law 104-208); or
                                    ``(III) an alien who is not 
                                described in clause (i) is admitted to 
                                the United States as a refugee under 
                                section 207 of the Immigration and 
                                Nationality Act.''; and
            (2) by striking subparagraph (D) and inserting the 
        following:
                    ``(D) Aliens currently receiving ssi and food 
                stamps.--Paragraph (1) shall not apply to an alien 
                who--
                            ``(i) lawfully entered and is lawfully 
                        residing in the United States as of the date of 
                        enactment of this Act; and
                            ``(ii) is receiving benefits under any 
                        specified Federal program described in 
                        paragraph (3) as of such date.''.
    (b) Notice and Redetermination.--The Commissioner of Social 
Security, in the case of the specified Federal program described in 
section 402(a)(3)(A) of such Act (8 U.S.C. 1612(a)(3)(A)), and the 
State agency, in the case of the specified Federal program defined in 
section 402(a)(3)(B) of such Act (8 U.S.C. 1612(a)(3)(B)), shall notify 
any individual described in section 402(a)(2)(D) of the Personal 
Responsibility and Work Opportunity Reconciliation Act of 1996 (8 
U.S.C. 1612(a)(2)(D)), as amended by subsection (a), who, on or after 
August 22, 1996, has been determined to be ineligible for such 
specified Federal program solely on the basis of the application of 
section 402 of such Act (8 U.S.C. 1612), as in effect on the day before 
the date of enactment of this Act, that the individual's eligibility 
for such program shall be redetermined, and shall conduct such 
redetermination in a timely manner. Any benefits that such an 
individual should have received during the period beginning on August 
22, 1996, and ending on the date of the redetermination shall be 
restored to that individual.
    (c) Effective Date.--The amendments made by subsection (a) take 
effect as if included in the enactment of section 402 of the Personal 
Responsibility and Work Opportunity Reconciliation Act of 1996 (8 
U.S.C. 1612).
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