[Congressional Record Volume 145, Number 51 (Wednesday, April 14, 1999)]
[Senate]
[Pages S3698-S3701]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DASCHLE (for Mr. Moynihan (for himself, Mr. Graham, Mr. 
        Kennedy, Mr. Durbin, Mr. Wellstone, Mrs. Feinstein, and Mr. 
        Leahy)):
  S. 792. 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.


             The Fairness for Legal Immigrants Act of 1999

  Mr. MOYNIHAN. Mr. President, today, I am introducing the Fairness for 
Legal Immigrants Act of 1999, a bill to restore to legal immigrants 
eligibility for a number of safety net benefits denied to them by the 
Personal Responsibility and Work Opportunity Reconciliation Act of 
1996. I am glad to be joined by my colleagues Senators Graham, Kennedy, 
Durbin, Feinstein, Wellstone, and Leahy.
  The provisions of the 1996 law concerning legal immigrants were based 
on the false premise that such immigrants are a burden to us all. On 
the contrary. A recent comprehensive study by the National Academy of 
Sciences concluded that immigration actually benefits the U.S. economy. 
In fact, the study found that the average legal immigrant contributes 
$1,800 more in taxes than he or she receives in government benefits.
  Many Americans may not realize this, but legal immigrants pay income 
and payroll taxes. And without continued legal immigration, the long-
term financial condition of Social Security and Medicare would be 
worsened. It is in our interest to see that these immigrant families 
have healthy children, enough to eat, and support if they become 
disabled. And it is not merely wise, it is just. These immigrants have 
come here under the rules we have established and they have abided by 
those rules. If harm should befall them, it is right to extend a hand.
  The Fairness for Legal Immigrants Act contains several provisions. 
First, it would permit states to provide Medicaid coverage to poor 
legal immigrant pregnant women and children, as well as coverage under 
the new Child Health insurance program (CHIP) for legal immigrant 
children, whenever they arrive in the United States. Under current law, 
states are not allowed to extend such health care coverage--which is so 
important for the development of healthy children--to families who have 
come to the U.S. after August 22, 1996, until the families have been 
here for five years. Five years is a very long time in the life of a 
child. It is common knowledge, emphasized by recent research, that 
access to health care is essential for early childhood development. We 
should, at a minimum, permit states to extend coverage to all poor 
legal immigrant children, no matter when they have arrived here. This 
builds upon our recent achievements in promoting health care for 
children--legal immigrant children should not be neglected in these 
efforts.
  The bill also permits states to restore Medicaid coverage to certain 
legal immigrants in nursing homes. These individuals would be eligible 
for states' ``medically needy'' Medicaid coverage if they were 
citizens, having ``spent down'' their income and assets in nursing 
homes to the point of destitution. Several states continue to pay 
nursing homes for these frail seniors without federal support. We 
should do our share to care for them.

  Next, the bill restores Supplemental Security Income (SSI) 
eligibility for legal immigrants who have come to the U.S. after August 
22, 1996, and have since then, unfortunately, become disabled. While it 
would be preferable to restore full SSI eligibility for these legal 
immigrants, at this time we propose only that the disabled be again 
eligible for SSI, because they are the population most in need. A 
modicum of a safety net. We have made great strides in assisting the 
disabled in this country in recent years. We should not then, 
deliberately, refuse aid to individuals who have come to our nation 
lawfully and then suffered a disability. The bill also completes the 
process, begun in the Balanced Budget Act of 1997, of restoring SSI 
eligibility to elderly pre-1996 legal immigrants.
  Fourth, since the 1996 welfare law was enacted we have been 
successful in restoring a limited amount of food stamp eligibility for 
the most vulnerable legal immigrants--children, the disabled, the 
elderly. A Physicians for Human Rights survey in 1998 found that almost 
80 percent of immigrant households suffered from limited or uncertain 
availability of nutritious foods, and that immigrant households 
reported ``severe hunger'' at a rate more than 10 times that of the 
general population. While this survey was conducted before the limited 
restoration of food stamp eligibility in 1998, it suggests the 
magnitude of the hunger problem among legal immigrants. We need to do 
more, and this bill restores food stamp eligibility to all legal 
immigrants who were in the U.S. prior to the 1996 enactment of the 
welfare law.
  Finally, there is another vulnerable immigrant population for which 
we need to do more: victims of domestic violence. The 1996 welfare law 
put severe limits on the assistance which can be provided to non-
citizens suffering from domestic abuse, particularly if they came to 
the U.S. after August 22, 1996. This legislation will expand the 
circumstances under which immigrant victims of domestic violence are 
eligible for Medicaid and TANF assistance, and restores eligibility for 
food stamps and SSI. These programs provide essential resources to 
break the economic dependence on a violent relationship. It also 
ensures that elderly legal immigrants who are abused by their children 
can obtain access to these benefits as well.
  Mr. President, simple decency requires us to continue to provide a

[[Page S3699]]

measure of a safety net to legal immigrant families. I urge the 
enactment of this legislation to ensure that we do so.
  I ask unanimous consent that the full text of the legislation and a 
summary of it be included in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                 S. 792

       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.

[[Page S3700]]

     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.
                                  ____


               Fairness for Legal Immigrants Act of 1999


                           I. Health Coverage

     Medicaid
       Permits states to cover all eligible legal immigrant 
     pregnant women and children, including those who have arrived 
     in the U.S. after August 22, 1996. (Currently, states must 
     wait five years before extending such coverage to legal 
     immigrants coming to the U.S. since August 22, 1996.)
       Permits states to extend coverage to certain ``medically 
     needy'' disabled legal immigrants not receiving SSI.
     Children's Health Insurance Program (CHIP)
       Permits states to cover legal immigrant children under 
     CHIP. States can cover CHIP children under either the 
     expanded Medicaid option or separate CHIP program. However, 
     to choose this CHIP option states must have first taken up 
     the option to cover poor legal immigrant children under the 
     regular (non-CHIP) Medicaid program. Under current law, legal 
     immigrant children are ineligible for CHIP.


                                II. SSI

       For pre-August 1996 legal immigrants, restores SSI 
     eligibility for those who are elderly and poor but not 
     disabled by SSI standards. This returns pre-August 1996 
     elderly legal immigrants to the same SSI eligibility status 
     as citizens.
       For post-August 1996 legal immigrants, restores SSI 
     eligibility for those who become disabled after entering the 
     country. Currently, such recent immigrants are ineligible for 
     SSI.


                            III. Food Stamps

       Restores eligibility for all pre-August 1996 legal 
     immigrants.


                          IV. Other Provisions

       For post-August 1996 legal immigrants suffering from 
     domestic abuse, expands the exemption from the five-year ban 
     on receiving Medicaid and TANF. It also restores their 
     eligibility for SSI and food stamps. Victims of elder abuse 
     are also covered.

  Mr. GRAHAM. Mr. President, I rise today, along with Senators 
Moynihan, Kennedy, Durbin, Feinstein, Wellstone, and Leahy to introduce 
the Fairness to Legal Immigrants Act of 1999. I commend my colleagues 
in the Senate and the House of Representatives, who are also 
introducing this legislation today, for their efforts to restore 
benefits to legal immigrants.
  This legislation includes several provisions which restore important 
health, disability and nutrition benefits to additional categories of 
legal immigrants. These benefits would improve the lives of many of our 
most vulnerable, such as pregnant women and children, the elderly and 
the disabled.
  One of the provisions in this proposal would grant states the option 
to provide health care coverage to legal immigrant children through 
Medicaid and the State Children's Health Insurance Program (SCHIP)--in 
essence eliminating the arbitrary designation of August 22, 1996, as 
the cutoff date for benefits eligibility to children. The welfare 
reform legislation passed in 1996 prohibits states from covering these 
immigrant children during their first five years in the United States. 
This has serious consequences.
  Children without health insurance do not get important care for 
preventable diseases. Many uninsured children are hospitalized for 
acute asthma attacks that could have been prevented, or suffer from 
permanent hearing loss from untreated ear infections. Without adequate 
health care, common illnesses can turn into life-long crippling 
diseases, whereas appropriate treatment and care can help children with 
diseases like diabetes live relatively normal lives. A lack of adequate 
medical care will also hinder the social and educational development of 
children, as children who are sick and left untreated are less ready to 
learn.
  In addition to allowing extended coverage of legal immigrant 
children, this initiative aims to provide Medicaid to pregnant women 
and disabled immigrants regardless of whether they participate in 
Social Security's Supplemental Security Income program. States would 
also become eligible for reimbursement of costs associated with 
providing institutional care for some elderly and disabled immigrants.
  Another important issue addressed by this legislation is the 
exemption allowing legal immigrants who are victims of domestic abuse 
to receive assistance. At present, victims of domestic violence are 
restricted from receiving benefits during their first five years in the 
United States. These individuals are most vulnerable and should not be 
subjected to staying in a bad situation due to lack of resources.
  In this legislation we attempt to diminish the arbitrary cutoff date 
used in the 1996 welfare law to determine the eligibility of legal 
immigrants to benefits they desperately need. Our nation was built by 
people who came to our shores seeking opportunity and a better life, 
and America has greatly

[[Page S3701]]

benefitted from the talent, resourcefulness, determination, and work 
ethic of many generations of legal immigrants. Time and time again, 
they have restored our faith in the American Dream. We should not 
discriminate between these important members of our community based on 
nothing more than an arbitrary date.
  I hope that with the help of my colleagues in Congress we will be 
able to rectify the discrimination suffered by individuals who have 
legally entered our country, who pay taxes, who serve in the military, 
and who add to the fabric of this nation. As our nation enters what 
promises to be a dynamic century, the United States needs a prudent, 
fair immigration policy to ensure that avenues of refuge and 
opportunity remain open for those seeking freedom, justice, and a 
better life.
  Mr. LEAHY. Mr. President, I am proud to join Senator Moynihan as an 
original cosponsor of the Fairness for Legal Immigrants Act of 1999. 
This bill takes the next, important step toward restoring benefits to 
legal immigrants.
  Legal immigrants are people in our communities who are in this 
country legally. They pay taxes and they contribute to our economy and 
society. Many of our parents, or grandparents, were legal immigrants 
themselves. The 1996 welfare reform law forced this group to lose their 
eligibility for various programs, including food stamps, Medicaid and 
SSI. More than 900,000 legal immigrants--including hundreds of 
thousands of children and elderly individuals--were cut from the Food 
Stamp Program alone, with nothing to abate their hunger.
  In the years since the passage of the welfare reform act, Congress 
has correctly realized that many of the cuts went too far, and slowly 
benefits are being restored. For instance, the 1997 Balanced Budget Act 
restored SSI and Medicaid benefits to a narrow class of immigrants, 
refugees and asylees.
  Last Congress, I worked hard to include $818 million in the 
Agricultural Research, Extension, and Education Reauthorization Act to 
restore food stamp benefits for thousands of legal immigrants. This 
legislation restored food stamps to legal immigrants who are disabled 
or elderly, or who later become disabled, and who resided in the United 
States prior to August 22, 1996. That law also increased food stamp 
eligibility time limits--from 5 years to 7 years--for refugees and 
asylees who came to this country to avoid persecution. Hmong refugees 
who aided U.S. military efforts in Southeast Asia were also covered, as 
were children residing in the United States prior to August 22, 1996.
  Though the Agriculture Research Act restored food stamp eligibility 
to children of legal immigrants, many of these children are not 
receiving food stamps and are experiencing alarming instances of 
hunger. In its recent report entitled ``Who is Leaving the Food Stamp 
Program? An Analysis of Caseload Changes from 1994 to 1997,'' the U.S. 
Department of Agriculture reported that participation among children 
living with parents who are legal immigrants fell significantly faster 
than children living with native-born parents. It appears that 
restrictions on adult legal immigrants deterred the participation of 
their children. That is a disturbing development that must be 
rectified, and the legislation we are introducing today would go a long 
way toward making the situation right by restoring food stamp 
eligibility to all legal immigrants.
  The Fairness for Legal Immigrants Act of 1999 would also address the 
medical needs of legal immigrants. This bill will permit states to 
offer Medicaid coverage to all eligible legal immigrant pregnant women 
and children, as well as certain ``medically needy'' disabled legal 
immigrants. This legislation would also restore SSI eligibility to 
elderly and poor legal immigrants who were in this country prior to 
passage of the welfare reform law.
  Under current law, legal immigrants who suffer from domestic or elder 
abuse must wait 5 years to receive Medicaid, TANF, SSI and food stamp 
benefits if they entered the United States after August 1996. The 
Fairness for Legal Immigrants Act of 1999 would amend this law so that 
these victims would not have to wait to receive assistance.
  I am proud to cosponsor the Fairness for Legal Immigrants Act of 
1999. It is a needed bill that will help fill some of the continuing 
gaps left by the welfare reform law. I look forward to working with 
Senator Moynihan and all members of the Senate to restore Medicaid, 
SSI, and food stamp benefits to legal immigrants in need.
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