[Congressional Record Volume 153, Number 40 (Thursday, March 8, 2007)]
[Senate]
[Page S2918]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. SMITH (for himself, Mr. Kohl, Mr. Feingold, Mr. Cardin, 
        and Mrs. Clinton):
  S. 821. A bill to amend section 402 of the Personal Responsibility 
and Work Opportunity Reconciliation Act of 1996 to provide for an 
extension of eligibility for supplemental security income through 
fiscal year 2010 for refugees, asylees, and certain other humanitarian 
immigrants; to the Committee on Finance.
  Mr. SMITH. Mr. President, I am pleased to be joined today by my 
colleague Senator Kohl, to reintroduce this important piece of 
legislation. This legislation will work to ensure the United States 
government does not turn its back on political asylees or refugees who 
are the most vulnerable citizens seeking safety in this great country 
of ours.
  As many of you know, Congress modified the Supplemental Security 
Income (SSI) program to include seven-year time limit on the receipt of 
benefits for refugees and asylees. This policy was intended to balance 
the desire to have people who emigrate to the United States to become 
citizens, with an understanding that the naturalization process also 
takes time to complete. To allow adequate time for asylees and refugees 
to become naturalized citizens, Congress provided the seven-year time 
limit before the expiration of SSI benefits.
  Unfortunately, the naturalization process often takes longer than 
seven years. Applicants are required to live in the United States for a 
minimum of five years prior to applying for citizenship. In addition to 
that time period, their application process often can take three or 
more years before resolution. Because of this time delay, many 
individuals are trapped in the system faced with the loss of their SSI 
benefits.
  Many of these individuals are elderly who fled persecution or torture 
in their home countries. They include Jews fleeing religious 
persecution in the former Soviet Union, Iraqi Kurds fleeing the Saddam 
Hussein regime, Cubans and Hmong people from the highlands of Laos who 
served on the side of the United States military during the Vietnam 
War. They are elderly and unable to work, and have become reliant on 
their SSI benefits as their primary income. To penalize them because of 
delays encountered through the bureaucratic process seems unjust and 
inappropriate.
  The administration in its fiscal year 2008 budget acknowledged the 
necessity to correct this problem by dedicating funding to extend 
refugee eligibility for SSI beyond the seven-year limit. While I am 
pleased that they have taken the first step in correcting this problem, 
I am concerned the policy does not go far enough. Data shows that most 
people will need at least an additional two years to navigate and 
complete the naturalization process. Therefore, my colleagues and I 
have introduced this bill, which will provide a two-year extension. We 
believe this will provide the time necessary to complete the process.
  I hope my colleagues will join me in support of this bill, and I look 
forward to working with Chairman Baucus and other members of the 
Finance Committee to secure these changes.
  I ask unanimous consent that the text of this bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 821

       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 ``SSI Extension for Elderly 
     and Disabled Refugees Act''.

     SEC. 2. SSI EXTENSION FOR HUMANITARIAN IMMIGRANTS.

       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:
       ``(M) SSI extension through fiscal year 2010.--
       ``(i) In general.--With respect to eligibility for benefits 
     for the specified Federal program described in paragraph 
     (3)(A), the 7-year period described in subparagraph (A) shall 
     be deemed to be a 9-year period during the period that begins 
     on the date of enactment of the SSI Extension for Elderly and 
     Disabled Refugees Act and ends on September 30, 2010.
       ``(ii) Aliens whose benefits ceased in prior fiscal 
     years.--

       ``(I) In general.--Beginning on the date of the enactment 
     of the SSI Extension for Elderly and Disabled Refugees Act, 
     any qualified alien rendered ineligible for the specified 
     Federal program described in paragraph (3)(A) during fiscal 
     years prior to the fiscal year in which such Act is enacted 
     solely by reason of the termination of the 7-year period 
     described in subparagraph (A) shall be eligible for such 
     program for an additional 2-year period in accordance with 
     this subparagraph, if such alien meets all other eligibility 
     factors under title XVI of the Social Security Act.
       ``(II) Payment of benefits.--Benefits paid under 
     subparagraph (I) shall be paid prospectively over the 
     duration of the qualified alien's renewed eligibility.''.

  Mr. KOHL. Mr. President, I rise today with my colleague Senator Smith 
to introduce the SSI Extension for Elderly and Disabled Refugees Act. 
This is the third year that a bipartisan group of Senators will come 
together in support of this legislation to serve the individuals in our 
society who most need our help.
  Due to short-sighted policy passed in the 1990's, elderly and 
disabled humanitarian immigrants face a time limit of seven years on 
eligibility for Supplemental Security Income (SSI) benefits. Refugees 
and asylees have seven years to become citizens--an inadequate amount 
of time, given the bureaucratic delays and hurdles these individuals 
face. Thus, thousands have already lost their benefits, and tens of 
thousands more will lose this important benefit if Congress does not 
enact our legislation.
  It is estimated that in the next decade, more than 40,000 elderly or 
disabled humanitarian immigrants will lose their SSI benefits. This 
program is a safety net for those who need it; in 2007, the maximum SSI 
benefit is $623 for an individual and $934 for a couple--barely enough 
to afford basic necessities. The program is structured to help those 
with severe barriers to work or elderly individuals with little or no 
retirement income. To allow these benefits to expire is to take away a 
lifeline from the neediest individuals.
  In Wisconsin, these individuals are often of Hmong descent. Many 
fought with the U.S. in Laos during the Vietnam War, providing critical 
assistance to U.S. forces. After the fall of Saigon, thousands of Hmong 
fled Laos and its communist Pathet Lao government. The United States 
remains indebted to these courageous individuals and their families.
  In addition to the Hmong, America serves as a shelter for those faced 
with persecution or torture in their own countries. Across the country, 
we have heard their stories; whether Jews and Baptists fleeing 
religious persecution in the former Soviet Union or Iraqis and Cubans 
escaping tyrannical dictatorships. Our policy toward refugees and 
asylees embodies the best of our country--compassion, opportunity, and 
freedom.
  Our legislation will bring the SSI program in line with our other 
policies towards these humanitarian immigrants. This legislation 
extends the amount of time that refugees and asylees have to become 
citizens to nine years. In addition, the bill contains a ``reach back'' 
provision: it retroactively restores benefits to those individuals who 
have already lost them for an additional two years. This provision 
helps the individuals who need it most; humanitarian immigrants who are 
trapped in the system and have lost this important income source.
  I believe we must act now to protect these individuals--we cannot let 
another year go by without action. Our country has long been a symbol 
of freedom, equality and opportunity. Our laws should reflect that. 
Every day that goes by could result in the loss of a refugee's support 
system--I urge my colleagues to support this legislation and restore 
the principles we were put here to protect.
                                 ______