I
105TH CONGRESS
1ST SESSION
H. R. 1133
To amend the Personal Responsibility and Work Opportunity Reconciliation
Act of 1996 to provide exceptions for mentally disabled aliens from
provisions which restrict welfare and public benefits for aliens.
IN THE HOUSE OF REPRESENTATIVES
MARCH 19, 1997
Mr. KENNEDY of Rhode Island introduced the following bill; which was re-
ferred to the Committee on Ways and Means, and in addition to the
Committees on Agriculture, Commerce, and the Judiciary, for a period
to be subsequently determined by the Speaker, in each case for consider-
ation 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 exceptions for men-
tally disabled aliens from provisions which restrict wel-
fare and public benefits for 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 Mentally
Disabled New Americans Act of 1997’’.
SEC. 2. LIMITED ELIGIBILITY OF QUALIFIED ALIENS FOR
SSI AND FOOD STAMPS: EXCEPTION FOR
MENTALLY DISABLED ALIENS.
(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 by adding after
subparagraph (D) the following new subparagraph:
‘‘(E) CERTAIN DISABLED ALIENS.—Para-
graph (1) shall not apply to an alien who—
‘‘(i) on the date of the enactment of
the Personal Responsibility and Work Op-
portunity Reconciliation Act of 1996 is a
qualified alien (as defined in section 431);
and
‘‘(ii) is, or would be, considered dis-
abled due to mental impairment under sec-
tion 1614 of the Social Security Act.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall be effective as if included in the enact-
ment of title IV of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996.
SEC. 3. LIMITED ELIGIBILITY OF QUALIFIED ALIENS FOR
TEMPORARY ASSISTANCE FOR NEEDY FAMI-
LIES, SOCIAL SERVICES BLOCK GRANT, AND
MEDICAID: EXCEPTION FOR MENTALLY DIS-
ABLED ALIENS.
(a) IN GENERAL.—Section 402(b)(2) of the Perma-
nent Responsibility and Work Opportunity Reconciliation
Act of 1996 (8 U.S.C. 1612(b)(2)) is amended by adding
after subparagraph (D) the following new subparagraph:
‘‘(E) CERTAIN DISABLED ALIENS.—Para-
graph (1) shall not apply to an alien who—
‘‘(i) on the date of the enactment of
the Personal Responsibility and Work Op-
portunity Reconciliation Act of 1996 is a
qualified alien (as defined in section 431);
and
‘‘(ii) is, or would be, considered dis-
abled due to mental impairment under sec-
tion 1614 of the Social Security Act.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall be effective as if included in the enact-
ment of title IV of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996.
SEC. 4. STATE AUTHORITY TO LIMIT ELIGIBILITY OF
QUALIFIED ALIENS FOR STATE PUBLIC BENE-
FITS: EXCEPTION FOR MENTALLY DISABLED
ALIENS.
(a) IN GENERAL.—Section 412(b) of the Permanent
Responsibility and Work Opportunity Reconciliation Act
of 1996 (8 U.S.C. 1622(b)) is amended by adding after
paragraph (4) the following new paragraph:
‘‘(5) CERTAIN DISABLED ALIENS.—Subsection
(a) shall not apply to an alien who—
‘‘(A) on the date of the enactment of the
Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 is a qualified alien
(as defined in section 431); and
‘‘(B) is, or would be, considered disabled
due to mental impairment under section 1614
of the Social Security Act.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall be effective as if included in the enact-
ment of title IV of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996.
SEC. 5. PROHIBITION ON STATE REQUIREMENTS OF MINI-
MUM UNITED STATES RESIDENCE FOR STATE
BENEFITS FOR MENTALLY DISABLED ALIENS.
Title IV of the Permanent Responsibility and Work
Opportunity Reconciliation Act of 1996 is amended by in-
serting after section 412 the following new section:
‘‘SEC. 413. PROHIBITION ON REQUIREMENT FOR MINIMUM
UNITED STATES RESIDENCE FOR MENTALLY
DISABLED ALIENS.
‘‘(a) IN GENERAL.—Notwithstanding any other pro-
vision of law, in determining the eligibility or the amount
of benefits of a mentally disabled alien for any State or
local public benefits, a State or political subdivision that
offers the benefits may not provide for a minimum period
of residence in the United States for any alien who on
the date of the enactment of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996 was
lawfully present in the United States.
‘‘(b) MENTALLY DISABLED DEFINED.—For the pur-
poses of subsection (a) the term ‘mentally disabled’ means
an alien who is, or would be, considered disabled due to
mental impairment under section 1614 of the Social Secu-
rity Act.’’.
SEC. 6. NATURALIZATION OF CERTAIN MENTALLY DIS-
ABLED PERMANENT RESIDENT ALIENS.
(a) AMENDMENT TO THE IMMIGRATION AND NA-
TIONALITY ACT.—Chapter 2 of the Immigration and Na-
tionality Act is amended by inserting after section 312 the
following new section:
‘‘NATURALIZATION OF MENTALLY DISABLED PERSONS
‘‘SEC. 312A. The requirements of section 312 and
337 shall not apply to an alien who—
‘‘(1) on the date of the enactment of the Per-
sonal Responsibility and Work Opportunity Rec-
onciliation Act of 1996 is lawfully admitted to the
United States for permanent residence under the
Immigration and Nationality Act;
‘‘(2) is unable due to developmental disability
or mental impairment to comply with such require-
ments; and
‘‘(3) has a legally appointed guardian who is a
United States citizen.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply to applications for naturaliza-
tion filed on or after the date of enactment of this Act
and to applications for naturalization pending on such
date.
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