[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 792 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                 S. 792

 To amend title IV of the Personal Responsibility and Work Opportunity 
 Reconciliation Act of 1996 to provide States with the option to allow 
    legal immigrant pregnant women, children, and blind or disabled 
medically needy individuals to be eligible for medical assistance under 
             the medicaid program, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 14, 1999

Mr. Daschle for Mr. Moynihan (for himself, Mr. Graham, Mr. Kennedy, Mr. 
 Durbin, Mr. Wellstone, Mrs. Feinstein, and Mr. Leahy) introduced the 
 following bill; which was read twice and referred to the Committee on 
                                Finance

_______________________________________________________________________

                                 A BILL


 
 To amend title IV of the Personal Responsibility and Work Opportunity 
 Reconciliation Act of 1996 to provide States with the option to allow 
    legal immigrant pregnant women, children, and blind or disabled 
medically needy individuals to be eligible for medical assistance under 
             the medicaid program, and for other purposes.

    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 
1999''.

SEC. 2. OPTIONAL ELIGIBILITY OF CERTAIN ALIEN PREGNANT WOMEN AND 
              CHILDREN FOR MEDICAID.

    (a) In General.--Subtitle A of title IV of the Personal 
Responsibility and Work Opportunity Reconciliation Act of 1996 (8 
U.S.C. 1611-1614) is amended by adding at the end the following:

``SEC. 405. OPTIONAL ELIGIBILITY OF CERTAIN ALIENS FOR MEDICAID.

    ``(a) Optional Medicaid Eligibility for Certain Aliens.--A State 
may elect to waive (through an amendment to its State plan under title 
XIX of the Social Security Act) the application of sections 401(a), 
402(b), 403, and 421 with respect to eligibility for medical assistance 
under the program defined in section 402(b)(3)(C) (relating to the 
medicaid program) of aliens who are lawfully residing in the United 
States (including battered aliens described in section 431(c)), within 
any or all (or any combination) of the following categories of 
individuals:
            ``(1) Pregnant women.--Women during pregnancy (and during 
        the 60-day period beginning on the last day of the pregnancy).
            ``(2) Children.--Children (as defined under such plan), 
        including optional targeted low-income children described in 
        section 1905(u)(2)(B).''.
    (b) Applicability of Affidavits of Support.--Section 213A(a) of the 
Immigration and Nationality Act (8 U.S.C. 1183a(a)) is amended by 
adding at the end the following:
            ``(4) Inapplicability to benefits provided under a state 
        waiver.--For purposes of this section, the term `means-tested 
        public benefits' does not include benefits provided pursuant to 
        a State election and waiver described in section 405 of the 
        Personal Responsibility and Work Opportunity Reconciliation Act 
        of 1996.''.
    (c) Conforming Amendments.--
            (1) Section 401(a) of the Personal Responsibility and Work 
        Opportunity Reconciliation Act of 1996 (8 U.S.C. 1611(a)) is 
        amended by inserting ``and section 405'' after ``subsection 
        (b)''.
            (2) Section 402(b)(1) of the Personal Responsibility and 
        Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 
        1612(b)(1)) is amended by inserting ``, section 405,'' after 
        ``403''.
            (3) Section 403(a) of such Act (8 U.S.C. 1613(a)) is 
        amended by inserting ``section 405 and'' after ``provided in''.
            (4) Section 421(a) of such Act (8 U.S.C. 1631(a)) is 
        amended by inserting ``except as provided in section 405,'' 
        after ``Notwithstanding any other provision of law,''.
            (5) Section 1903(v)(1) of the Social Security Act (42 
        U.S.C. 1396b(v)(1)) is amended by inserting ``and except as 
        permitted under a waiver described in section 405(a) of the 
        Personal Responsibility and Work Opportunity Reconciliation Act 
        of 1996,'' after ``paragraph (2),''.
    (d) Retroactivity of Effective Date.--The amendments made by this 
section shall take effect as if included in the enactment of title IV 
of the Personal Responsibility and Work Opportunity Reconciliation Act 
of 1996 (8 U.S.C. 1611 et seq.), except that the amendment made by 
subsection (b) shall apply as if included in the enactment of section 
551(a) of the Illegal Immigration Reform and Immigrant Responsibility 
Act of 1996 (division C of Public Law 104-208).

SEC. 3. OPTIONAL ELIGIBILITY OF IMMIGRANT CHILDREN FOR SCHIP.

    (a) In General.--Section 405 of the Personal Responsibility and 
Work Opportunity Reconciliation Act of 1996, as added by section 2(a), 
is amended--
            (1) in the heading, by inserting ``and schip'' before the 
        period; and
            (2) by adding at the end the following new subsection:
    ``(b) Optional SCHIP Eligibility for Certain Aliens.--
            ``(1) In general.--Subject to paragraph (2), a State may 
        also elect to waive the application of sections 401(a), 402(b), 
        403, and 421 with respect to eligibility of children for child 
        health assistance under the State child health plan of the 
        State under title XXI of the Social Security Act (42 U.S.C. 
        1397aa et seq.), but only with respect to children who are 
        lawfully residing in the United States (including children who 
        are battered aliens described in section 431(c)).
            ``(2) Requirement for election.--A waiver under this 
        subsection may only be in effect for a period in which the 
        State has in effect an election under subsection (a) with 
        respect to the category of individuals described in subsection 
        (a)(2) (relating to children).''.
    (b) Effective Date.--The amendment made by subsection (a) applies 
to child health assistance for coverage provided for periods beginning 
on or after October 1, 1997.

SEC. 4. OPTIONAL ELIGIBILITY OF CERTAIN MEDICALLY NEEDY ALIENS FOR 
              MEDICAID.

    (a) Optional Eligibility of Certain Aliens who are Blind or 
Disabled Medically Needy Admitted After August 22, 1996.--
            (1) In general.--Section 405(a) of the Personal 
        Responsibility and Work Opportunity Reconciliation Act of 1996, 
        as added by section 2(a), is amended by adding at the end the 
        following:
            ``(3) Certain blind or disabled medically needy.--
        Individuals who are considered blind or disabled under section 
        1614(a) of the Social Security Act (42 U.S.C. 1382c(a)) and 
        who, but for sections 401(a), 402(b) and 403 (except as waived 
        under this subsection), would be eligible for medical 
        assistance under clause (ii)(IV) of section 1902(a)(10)(A) of 
        the Social Security Act (42 U.S.C. 1396a(a)(10)(A)), or would 
        be eligible for such assistance under any other clause of that 
        section of that Act because the individual, if enrolled in the 
        program under title XVI of the Social Security Act, would 
        receive supplemental security income benefits or a State 
        supplementary payment under that title.''.
            (2) Retroactivity of effective date.--The amendment made by 
        paragraph (1) shall take effect as if included in the enactment 
        of title IV of the Personal Responsibility and Work Opportunity 
        Reconciliation Act of 1996 (8 U.S.C. 1611 et seq.).
    (b) Optional Eligibility of Medically Needy Aliens Requiring a 
Certain Level of Care.--
            (1) In general.--Section 405 of the Personal Responsibility 
        and Work Opportunity Reconciliation Act of 1996, as added by 
        section 2(a) and as amended by section 3(a) and subsection (a), 
        is further amended by adding at the end the following new 
        subsection:
    ``(c) Optional Eligibility for Medically Needy Aliens Requiring a 
Certain Level of Care.--A State may also elect to waive the application 
of sections 401(a), 402(b), and 421 with respect to eligibility for 
medical assistance under the program defined in section 402(b)(3)(C) 
(relating to the medicaid program) of aliens who--
            ``(1) were lawfully residing in the United States on August 
        22, 1996; and
            ``(2) are residents of a nursing facility (as defined in 
        section 1919(a) of the Social Security Act (42 U.S.C. 
        1396r(a)), or require the level of care provided in a such a 
        facility or in an intermediate care facility, the cost of which 
could be reimbursed under the State plan under title XIX of that 
Act.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect as if included in the enactment of title IV 
        of the Personal Responsibility and Work Opportunity 
        Reconciliation Act of 1996 (8 U.S.C. 1611 et seq.).

SEC. 5. ELIGIBILITY OF CERTAIN ALIENS FOR SSI.

    (a) Aged Aliens Lawfully Residing in the United States on August 
22, 1996.--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 at the end the following:
                    ``(L) SSI exception for aged aliens lawfully 
                residing in the united states on august 22, 1996.--With 
                respect to eligibility for the program defined in 
                paragraph (3)(A), paragraph (1) shall not apply to any 
                individual who was lawfully residing in the United 
                States on August 22, 1996, and has attained age 65.''.
    (b) Blind or Disabled Qualified Aliens Who Entered the United 
States After August 22, 1996.--
            (1) In general.--Section 402(a)(2) of the Personal 
        Responsibility and Work Opportunity Reconciliation Act of 1996 
        (8 U.S.C. 1612(a)(2)), as amended by subsection (a), is amended 
        by adding at the end the following:
                    ``(M) SSI exception for blind or disabled qualified 
                aliens who entered the united states after august 22, 
                1996.--With respect to eligibility for the program 
                defined in paragraph (3)(A), paragraph (1) and section 
                421 shall not apply to any individual who entered the 
                United States on or after August 22, 1996 with a status 
                within the meaning of the term `qualified alien', and 
                became blind or disabled (within the meaning of section 
                1614(a) of the Social Security Act (42 U.S.C. 
                1382c(a))) after the date of such entry.''.
            (2) Exception from 5-year ban.--Section 403(b) of the 
        Personal Responsibility and Work Opportunity Reconciliation Act 
        of 1996 (8 U.S.C. 1613(b)) is amended by adding at the end the 
        following:
            ``(3) Certain blind or disabled aliens.--An alien described 
        in section 402(a)(2)(M), but only with respect to the programs 
        specified in subsections (a)(3)(A) and (b)(3)(C) of section 402 
        (and, with respect to such programs, section 421 shall not 
        apply to such an alien).''.
            (3) Conforming amendment.--Section 421(a) of the Personal 
        Responsibility and Work Opportunity Reconciliation Act of 1996 
        (8 U.S.C. 1631(a)), as amended by section 2(c)(4), is amended 
        by inserting ``, section 402(a)(2)(M), and section 403(b)(3)'' 
        after section ``405''.
            (4) Enforcement of affidavits of support.--For provisions 
        relating to the enforcement of affidavits of support in cases 
        of individuals made eligible for benefits under the amendment 
        made by paragraph (1), see section 213A of the Immigration and 
        Nationality Act (8 U.S.C. 1183a).
    (c) Effective Date.--The amendments made by subsections (a) and (b) 
are effective with respect to benefits payable for months after the 
month in which this Act is enacted, but only on the basis of 
applications filed on or after the date of enactment of this Act.

SEC. 6. ELIGIBILITY OF LEGAL IMMIGRANTS FOR 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)), 
as amended by section 5(b)(1), is amended by adding at the end the 
following:
                    ``(N) Food stamp exception for aliens lawfully 
                residing in the united states on august 22, 1996.--With 
                respect to eligibility for benefits for the specified 
                Federal program described in paragraph (3)(B), 
                paragraph (1) shall not apply to an individual who was 
                lawfully residing in the United States on August 22, 
                1996.''.
    (b) Effective Date.--The amendment made by subsection (a) applies 
to benefits under the food stamp program, as defined in section 3(h) of 
the Food Stamp Act of 1977 (7 U.S.C. 2012(h)) for months beginning at 
least 30 days after the date of enactment of this Act.

SEC. 7. ELIGIBILITY OF LEGAL IMMIGRANTS SUFFERING FROM DOMESTIC ABUSE.

    (a) Exemption From SSI and Food Stamps Ban.--Section 402(a)(2) of 
the Personal Responsibility and Work Opportunity Reconciliation Act of 
1996 (8 U.S.C. 1612(a)(2)), as amended by section 6(a), is amended by 
adding at the end the following:
                    ``(O) Battered immigrants.--With respect to 
                eligibility for benefits for a specified Federal 
                program (as defined in paragraph (3)), paragraph (1) 
                shall not apply to any individual described in section 
                431(c).''.
    (b) Exemption From 5-Year Ban.--Section 403(b) of the Personal 
Responsibility and Work Opportunity Reconciliation Act of 1996 (8 
U.S.C. 1613(b)), as amended by section 5(b)(2), is amended by adding at 
the end the following:
            ``(4) Battered immigrants.--An alien described in section 
        431(c).''.
    (c) Expansion of Definition of Battered Immigrants.--
            (1) In general.--Section 431(c) of the Personal 
        Responsibility and Work Opportunity Reconciliation Act of 1996 
        (8 U.S.C. 1641(c)) is amended--
                    (A) in paragraphs (1)(A), (2)(A), and (3)(A) by 
                inserting `` or the benefits to be provided would 
                alleviate the harm from such battery or cruelty or 
                would enable the alien to avoid such battery or cruelty 
                in the future'' before the semicolon; and
                    (B) in the matter following paragraph (3), by 
                inserting `` and for determining whether the benefits 
                to be provided under a specific Federal, State, or 
                local program would alleviate the harm from such 
                battery or extreme cruelty or would enable the alien to 
                avoid such battery or extreme cruelty in the future'' 
                before the period.
            (2) Conforming amendment regarding sponsor deeming.--
        Section 421(f)(1) of the Personal Responsibility and Work 
        Opportunity Reconciliation Act of 1996 (8 U.S.C. 1631(f)(1)) is 
        amended--
                    (A) in subparagraph (A), by inserting ``or would 
                alleviate the harm from such battery or cruelty, or 
                would enable the alien to avoid such battery or cruelty 
                in the future'' before the semicolon; and
                    (B) in subparagraph (B), by inserting ``or would 
                alleviate the harm from such battery or cruelty, or 
                would enable the alien to avoid such battery or cruelty 
                in the future'' before the period.
    (d) Conforming Definition of ``Family'' Used in Laws Granting 
Federal Public Benefit Access for Battered Immigrants to State Family 
Law.--Section 431(c) of the Personal Responsibility and Work 
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(c)) is amended--
            (1) in paragraph (1)(A), by striking ``by a spouse or a 
        parent, or by a member of the spouse or parent's family 
        residing in the same household as the alien and the spouse or 
        parent consented to, or acquiesced in, such battery or 
        cruelty,'' and inserting ``by a spouse, parent, son, or 
        daughter, or by any individual having a relationship with the 
        alien covered by the civil or criminal domestic violence 
        statutes of the State or Indian country where the alien 
        resides, or the State or Indian country in which the alien, the 
        alien's child, or the alien child's parents received a 
        protection order, or by any individual against whom the alien 
        could obtain a protection order,''; and
            (2) in paragraph (2)(A), by striking ``by a spouse or 
        parent of the alien (without the active participation of the 
        alien in the battery or cruelty), or by a member of the spouse 
        or parent's family residing in the same household as the alien 
        and the spouse or parent consented or acquiesced to such 
        battery or cruelty,'' and inserting ``by a spouse, parent, son, 
        or daughter of the alien (without the active participation of 
        alien in the battery or cruelty) or by any individual having a 
        relationship with the alien covered by the civil or criminal 
        domestic violence statutes of the State or Indian county where 
        the alien resides, or the State or Indian country in which the 
        alien, the alien's child, or the alien child's parent received 
        a protection order, or by any individual against whom the alien 
        could obtain a protection order,''.
    (e) Effective Date.--The amendments made by this section apply to 
Federal means-tested public benefits provided on or after the date of 
enactment of this Act.
                                 <all>