I
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 fol-
lowing bill; which was referred to the Committee on Ways and Means,
and in addition to the Committee on Agriculture, for a period to be sub-
sequently 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 eligi-
bility for supplemental security income and food stamps
with regard to certain classifications of aliens.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Fairness for Legal Im-
migrants 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 admit-
ted 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.—Para-
graph (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 de-
scribed in clause (i) is admitted to the
United States as a refugee under sec-
tion 207 of the Immigration and Na-
tionality 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 Commis-
sioner of Social Security, in the case of the specified Fed-
eral 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 sec-
tion 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 Op-
portunity 
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 ineli-
gible 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 indi-
vidual.
(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).
Æ