H.R. 2608House110th Congress (2007-2009)Enacted

SSI Extension for Elderly and Disabled Refugees Act

Introduced June 7, 2007

Legislative Activity

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22 earlier actions
Became Law Latest Action

Became Public Law No: 110-328.

September 30, 2008

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HouseIntro Referral

Introduced in House

June 7, 2007

HouseIntro Referral

Referred to the House Committee on Ways and Means.

June 7, 2007

HouseCommittee

Referred to the Subcommittee on Income Security and Family Support.

June 12, 2007

HouseFloor

Mr. McDermott moved to suspend the rules and pass the bill.

July 11, 2007 • 4:12 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H7559-7566)

July 11, 2007 • 4:13 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on H.R. 2608.

July 11, 2007 • 4:13 PM

HouseFloor

Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote.(text: CR H7559-7560)

July 11, 2007 • 4:31 PM

HouseFloor

On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H7559-7560)

July 11, 2007 • 4:31 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

July 11, 2007 • 4:32 PM

SenateIntro Referral

Received in the Senate and Read twice and referred to the Committee on Finance.

July 16, 2007

SenateCommittee

Senate Committee on Finance discharged by Unanimous Consent.

August 1, 2008

SenateFloor

Measure laid before Senate by unanimous consent. (consideration: CR S8003-8004)

August 1, 2008

SenateFloor

Passed Senate with an amendment and an amendment to the Title by Unanimous Consent.

August 1, 2008

SenateFloor

Message on Senate action sent to the House.

August 1, 2008

HouseResolving Differences

Mr. McDermott moved that the House suspend the rules and agree to the Senate amendments. (consideration: CR H8298-8304)

September 17, 2008 • 12:12 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on the motion to suspend the rules and agree to the Senate amendments to H.R. 2608.

September 17, 2008 • 12:13 PM

HouseNot Used

Resolving differences -- House actions: On motion that the House suspend the rules and agree to the Senate amendments Agreed to by voice vote.

September 17, 2008

HouseResolving Differences

On motion that the House suspend the rules and agree to the Senate amendments Agreed to by voice vote.

September 17, 2008 • 12:37 PM

HouseResolving Differences

Motion to reconsider laid on the table Agreed to without objection.

September 17, 2008 • 12:37 PM

HouseAction

Cleared for White House.

September 17, 2008

President

Presented to President.

September 23, 2008

Became Law

Signed by President.

September 30, 2008

Became Law

Became Public Law No: 110-328.

September 30, 2008

Floor Debate

22 members

What members said about H.R. 2608 on the floor

13 Republicans9 Democrats
Adam B. Schiff
Rep. Adam B. SchiffD-CA-29 · Jul 26, 2007

Mr. Chairman, I rise to claim the time in opposition to the amendment. I thank the chairman, and I'll be brief at the outset and intend to reserve our time for the conclusion of the debate. But we're…

Jerry Weller
Rep. Jerry WellerR-IL-11 · Sep 17, 2008

Madam Speaker, I yield myself such time as I may consume. Madam Speaker, in July of 2007, H.R. 2608, bipartisan legislation, the SSI Extension for Elderly and Disabled Refugees Act, passed the House…

Jerry Weller
Rep. Jerry WellerR-IL-11 · Jul 11, 2007

Mr. Speaker, I yield myself as much time as I may consume. This bipartisan legislation that we are considering today, the SSI Extension for Elderly and Disabled Refugees Act, increases the amount of…

Tim Ryan
Rep. Tim RyanD-OH-17 · Jul 26, 2007

Mr. Chairman, I thank the gentleman for yielding. It has been said a couple times here today about money in people's pockets. And I would suggest that under the leadership of the Democrats and the…

Tom Price
Rep. Tom PriceR-GA-6 · Jul 26, 2007

Mr. Chairman, I offer an amendment. I thank the chairman, and I'm pleased to come to the floor today and offer this amendment. And it's a little different vein and spirit than we've offered other…

Show 8 more
John Campbell
Rep. John CampbellR-CA-48 · Jul 26, 2007

Mr. Chairman, I offer an amendment. Mr. Chairman, in listening to all this discussion, I have to think that the taxpayers of America have to wonder what's going on here, that in this bill there has…

Jim McDermott
Rep. Jim McDermottD-WA-7 · Jul 11, 2007

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 2608) to amend section 402 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to provide, in fiscal years…

Dave Weldon
Rep. Dave WeldonR-FL-15 · Jul 26, 2007

Mr. Chairman, today I rise to explain the purpose of two amendments I submitted to H.R. 3093, the Commerce, Justice, Science Appropriations Bill of 2008. While I had planned to offer these…

Alan B. Mollohan
Rep. Alan B. MollohanD-WV-1 · Jul 26, 2007

Mr. Chairman, I move to strike the last word. Mr. Chairman, I just want to expand on the excellent debate and the points that have been made in opposition to this amendment. The fact is we are in a…

Jim McDermott
Rep. Jim McDermottD-WA-7 · Sep 17, 2008

Madam Speaker, I move to suspend the rules and concur in the Senate amendments to the bill (H.R. 2608) to amend section 402 of the Personal Responsibility and Work Opportunity Reconciliation Act of…

David R. Obey
Rep. David R. ObeyD-WI-7 · Jul 26, 2007

Mr. Chairman, I move to strike the last word. You know, Mr. Chairman, we've had a game going on in this Capitol for the last 6 years. It's called ``Shift the Shaft,'' and nowhere is it more clear…

Marilyn N. Musgrave
Rep. Marilyn N. MusgraveR-CO-4 · Jul 26, 2007

Mr. Chairman, I offer an amendment. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, this discussion is becoming very familiar as we go through these appropriations bills. This…

Steve Israel
Rep. Steve IsraelD-NY-2 · Jul 26, 2007

I thank the gentleman. I just want to shed some light on some of the rhetoric we've heard. Ripe from the committee report, FBI field investigative resources used for criminal investigative matters…

Show 11 more
John Conyers, Jr.
Rep. John Conyers, Jr.D-MI-14 · Jul 26, 2007

Mr. Chairman, I rise in support of this vitally important appropriations bill that addresses a wide range of our nation's critical needs. H.R. 3093, the Commerce, Justice, Science, and Related…

Jerry Lewis
Rep. Jerry LewisR-CA-41 · Jul 26, 2007

Mr. Chairman, I move to strike the last word. Mr. Chairman, I had not intended to speak on this matter, but the rhetoric has gotten my attention enough that I thought I should share with the American…

K. Michael Conaway
Rep. K. Michael ConawayR-TX-11 · Jul 26, 2007

Mr. Chairman, I offer an amendment. Mr. Chairman, in the immortal words of Doc Holiday in Tombstone, ``Our hypocrisy knows no bounds.'' Both sides equally applied. The arguments earlier that half of…

Rush Holt
Rep. Rush HoltD-NJ-12 · Jul 26, 2007

Mr. Chairman, I rise in support of this appropriations bill. One of the most important roles of government is ensuring public safety. Over the last several years, the Federal Government simply has…

Steve King
Rep. Steve KingR-IA-5 · Jul 26, 2007

Mr. Chairman, I offer an amendment. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, this amendment that I bring before the House is an amendment that I brought on at least two…

Gordon H. Smith
Sen. Gordon H. SmithR-OR · Aug 1, 2008

Mr. President, I rise to extend my appreciation that the Senate will pass the ``SSI Extension for Elderly and Disabled Refugees Act.'' I thank Chairman Baucus and Senator Grassley for their help in…

Phil Gingrey
Rep. Phil GingreyR-GA-11 · Sep 17, 2008

Madam Speaker, I thank the gentleman from Illinois for yielding, and I do rise in support of H.R. 2608. But I wanted to take the opportunity, Madam Speaker, to talk about energy. Obviously this is…

Phil English
Rep. Phil EnglishR-PA-3 · Jul 11, 2007

Mr. Speaker, I rise in strong support of H.R. 2608, the SSI Extension for Elderly and Disabled Refugees Act; and I was particularly pleased to cosponsor this legislation. And I hope that all of my…

Lynn A. Westmoreland
Rep. Lynn A. WestmorelandR-GA-3 · Jul 26, 2007

I thank my friend for yielding. I just want to clear up one thing. Let's clear the smoke out of the room here and put some facts in the discussion. The Clinton administration awarded the Halliburton…

Xavier Becerra
Rep. Xavier BecerraD-CA-31 · Jul 11, 2007

Mr. Speaker, I want to join in this bipartisan effort to try to move forward legislation which is not only important but precious to many people in this country who are keen to be American citizens.…

Virginia Foxx
Rep. Virginia FoxxR-NC-5 · Jul 26, 2007

I thank my colleague from California. Mr. Chairman, I have been sitting here listening for a while to the debate on this bill, and I have been struck by several issues that have come up that I think…

Bill Text

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Enrolled BillIssued September 18, 2008

One Hundred Tenth Congress of the United States of America

At the Second Session

Begun and held at the City of Washington on Thursday, the third day of January, two thousand and eight

H. R. 2608

AN ACT

To amend section 402 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to provide, in fiscal years 2009 through 2011, extensions of supplemental security income for refugees, asylees, and certain other humanitarian immigrants, and to amend the Internal Revenue Code of 1986 to collect unemployment compensation debts resulting from fraud.

1.

Short Title

This Act may be cited as the SSI Extension for Elderly and Disabled Refugees Act.

2.

SSI extensions 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 extensions through fiscal year 2011

(i)

Two-year extension for certain aliens and victims of trafficking

(I)

In general

Subject to clause (ii), with respect to eligibility for benefits under subparagraph (A) for the specified Federal program described in paragraph (3)(A) of qualified aliens (as defined in section 431(b)) and victims of trafficking in persons (as defined in section 107(b)(1)(C) of division A of the Victims of Trafficking and Violence Protection Act of 2000 (Public Law 106–386) or as granted status under section 101(a)(15)(T)(ii) of the Immigration and Nationality Act), the 7-year period described in subparagraph (A) shall be deemed to be a 9-year period during fiscal years 2009 through 2011 in the case of such a qualified alien or victim of trafficking who furnishes to the Commissioner of Social Security the declaration required under subclause (IV) (if applicable) and is described in subclause (III).

(II)

Aliens and victims whose benefits ceased in prior fiscal years

Subject to clause (ii), beginning on the date of the enactment of the SSI Extension for Elderly and Disabled Refugees Act, any qualified alien (as defined in section 431(b)) or victim of trafficking in persons (as defined in section 107(b)(1)(C) of division A of the Victims of Trafficking and Violence Protection Act of 2000 (Public Law 106–386) or as granted status under section 101(a)(15)(T)(ii) of the Immigration and Nationality Act) rendered ineligible for the specified Federal program described in paragraph (3)(A) during the period beginning on August 22, 1996, and ending on September 30, 2008, 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 clause, if such qualified alien or victim of trafficking meets all other eligibility factors under title XVI of the Social Security Act, furnishes to the Commissioner of Social Security the declaration required under subclause (IV) (if applicable), and is described in subclause (III).

(III)

Aliens and victims described

For purposes of subclauses (I) and (II), a qualified alien or victim of trafficking described in this subclause is an alien or victim who—

(aa)

has been a lawful permanent resident for less than 6 years and such status has not been abandoned, rescinded under section 246 of the Immigration and Nationality Act, or terminated through removal proceedings under section 240 of the Immigration and Nationality Act, and the Commissioner of Social Security has verified such status, through procedures established in consultation with the Secretary of Homeland Security;

(bb)

has filed an application, within 4 years from the date the alien or victim began receiving supplemental security income benefits, to become a lawful permanent resident with the Secretary of Homeland Security, and the Commissioner of Social Security has verified, through procedures established in consultation with such Secretary, that such application is pending;

(cc)

has been granted the status of Cuban and Haitian entrant, as defined in section 501(e) of the Refugee Education Assistance Act of 1980 (Public Law 96–422), for purposes of the specified Federal program described in paragraph (3)(A);

(dd)

has had his or her deportation withheld by the Secretary of Homeland Security under section 243(h) of the Immigration and Nationality Act (as in effect immediately before the effective date of section 307 of division C of Public Law 104–208), or whose removal is withheld under section 241(b)(3) of such Act;

(ee)

has not attained age 18; or

(ff)

has attained age 70.

(IV)

Declaration required

(aa)

In general

For purposes of subclauses (I) and (II), the declaration required under this subclause of a qualified alien or victim of trafficking described in either such subclause is a declaration under penalty of perjury stating that the alien or victim has made a good faith effort to pursue United States citizenship, as determined by the Secretary of Homeland Security. The Commissioner of Social Security shall develop criteria as needed, in consultation with the Secretary of Homeland Security, for consideration of such declarations.

(bb)

Exception for children

A qualified alien or victim of trafficking described in subclause (I) or (II) who has not attained age 18 shall not be required to furnish to the Commissioner of Social Security a declaration described in item (aa) as a condition of being eligible for the specified Federal program described in paragraph (3)(A) for an additional 2-year period in accordance with this clause.

(V)

Payment of benefits to aliens whose benefits ceased in prior fiscal years

Benefits paid to a qualified alien or victim described in subclause (II) shall be paid prospectively over the duration of the qualified alien’s or victim's renewed eligibility.

(ii)

Special rule in case of pending or approved naturalization application

With respect to eligibility for benefits for the specified program described in paragraph (3)(A), paragraph (1) shall not apply during fiscal years 2009 through 2011 to an alien described in one of clauses (i) through (v) of subparagraph (A) or a victim of trafficking in persons (as defined in section 107(b)(1)(C) of division A of the Victims of Trafficking and Violence Protection Act of 2000 (Public Law 106–386) or as granted status under section 101(a)(15)(T)(ii) of the Immigration and Nationality Act), if such alien or victim (including any such alien or victim rendered ineligible for the specified Federal program described in paragraph (3)(A) during the period beginning on August 22, 1996, and ending on September 30, 2008, solely by reason of the termination of the 7-year period described in subparagraph (A)) has filed an application for naturalization that is pending before the Secretary of Homeland Security or a United States district court based on section 336(b) of the Immigration and Nationality Act, or has been approved for naturalization but not yet sworn in as a United States citizen, and the Commissioner of Social Security has verified, through procedures established in consultation with the Secretary of Homeland Security, that such application is pending or has been approved.

.

3.

Collection of unemployment compensation debts resulting from fraud

(a)

In general

Section 6402 of the Internal Revenue Code (relating to authority to make credits or refunds) is amended by redesignating subsections (f) through (k) as subsections (g) through (l), respectively, and by inserting after subsection (e) the following new subsection:

(f)

Collection of unemployment compensation debts resulting from fraud

(1)

In general

Upon receiving notice from any State that a named person owes a covered unemployment compensation debt to such State, the Secretary shall, under such conditions as may be prescribed by the Secretary—

(A)

reduce the amount of any overpayment payable to such person by the amount of such covered unemployment compensation debt;

(B)

pay the amount by which such overpayment is reduced under subparagraph (A) to such State and notify such State of such person’s name, taxpayer identification number, address, and the amount collected; and

(C)

notify the person making such overpayment that the overpayment has been reduced by an amount necessary to satisfy a covered unemployment compensation debt.

If an offset is made pursuant to a joint return, the notice under subparagraph (C) shall include information related to the rights of a spouse of a person subject to such an offset.
(2)

Priorities for offset

Any overpayment by a person shall be reduced pursuant to this subsection—

(A)

after such overpayment is reduced pursuant to—

(i)

subsection (a) with respect to any liability for any internal revenue tax on the part of the person who made the overpayment;

(ii)

subsection (c) with respect to past-due support; and

(iii)

subsection (d) with respect to any past-due, legally enforceable debt owed to a Federal agency; and

(B)

before such overpayment is credited to the future liability for any Federal internal revenue tax of such person pursuant to subsection (b).

If the Secretary receives notice from a State or States of more than one debt subject to paragraph (1) or subsection (e) that is owed by a person to such State or States, any overpayment by such person shall be applied against such debts in the order in which such debts accrued.
(3)

Offset permitted only against residents of State seeking offset

Paragraph (1) shall apply to an overpayment by any person for a taxable year only if the address shown on the Federal return for such taxable year of the overpayment is an address within the State seeking the offset.

(4)

Notice; consideration of evidence

No State may take action under this subsection until such State—

(A)

notifies by certified mail with return receipt the person owing the covered unemployment compensation debt that the State proposes to take action pursuant to this section;

(B)

provides such person at least 60 days to present evidence that all or part of such liability is not legally enforceable or due to fraud;

(C)

considers any evidence presented by such person and determines that an amount of such debt is legally enforceable and due to fraud; and

(D)

satisfies such other conditions as the Secretary may prescribe to ensure that the determination made under subparagraph (C) is valid and that the State has made reasonable efforts to obtain payment of such covered unemployment compensation debt.

(5)

Covered unemployment compensation debt

For purposes of this subsection, the term covered unemployment compensation debt means—

(A)

a past-due debt for erroneous payment of unemployment compensation due to fraud which has become final under the law of a State certified by the Secretary of Labor pursuant to section 3304 and which remains uncollected for not more than 10 years;

(B)

contributions due to the unemployment fund of a State for which the State has determined the person to be liable due to fraud and which remain uncollected for not more than 10 years; and

(C)

any penalties and interest assessed on such debt.

(6)

Regulations

(A)

In general

The Secretary may issue regulations prescribing the time and manner in which States must submit notices of covered unemployment compensation debt and the necessary information that must be contained in or accompany such notices. The regulations may specify the minimum amount of debt to which the reduction procedure established by paragraph (1) may be applied.

(B)

Fee payable to Secretary

The regulations may require States to pay a fee to the Secretary, which may be deducted from amounts collected, to reimburse the Secretary for the cost of applying such procedure. Any fee paid to the Secretary pursuant to the preceding sentence shall be used to reimburse appropriations which bore all or part of the cost of applying such procedure.

(C)

Submission of notices through Secretary of Labor

The regulations may include a requirement that States submit notices of covered unemployment compensation debt to the Secretary via the Secretary of Labor in accordance with procedures established by the Secretary of Labor. Such procedures may require States to pay a fee to the Secretary of Labor to reimburse the Secretary of Labor for the costs of applying this subsection. Any such fee shall be established in consultation with the Secretary of the Treasury. Any fee paid to the Secretary of Labor may be deducted from amounts collected and shall be used to reimburse the appropriation account which bore all or part of the cost of applying this subsection.

(7)

Erroneous payment to state

Any State receiving notice from the Secretary that an erroneous payment has been made to such State under paragraph (1) shall pay promptly to the Secretary, in accordance with such regulations as the Secretary may prescribe, an amount equal to the amount of such erroneous payment (without regard to whether any other amounts payable to such State under such paragraph have been paid to such State).

(8)

Termination

This section shall not apply to refunds payable after the date which is 10 years after the date of the enactment of this subsection.

.

(b)

Disclosure of certain information to States requesting refund offsets for legally enforceable state unemployment compensation debt resulting from fraud

(1)

General rule

Paragraph (3) of section 6103(a) of such Code is amended by inserting (10), after (6),.

(2)

Disclosure to Department of Labor and its agent

Paragraph (10) of section 6103(l) of such Code is amended—

(A)

by striking (c), (d), or (e) each place it appears in the heading and text and inserting (c), (d), (e), or (f),

(B)

in subparagraph (A) by inserting , to officers and employees of the Department of Labor for purposes of facilitating the exchange of data in connection with a request made under subsection (f)(5) of section 6402, after section 6402, and

(C)

in subparagraph (B)—

(i)

by inserting (i) after (B); and

(ii)

by adding at the end the following:

(ii)

Notwithstanding clause (i), return information disclosed to officers and employees of the Department of Labor may be accessed by agents who maintain and provide technological support to the Department of Labor’s Interstate Connection Network (ICON) solely for the purpose of providing such maintenance and support.

.

(3)

Safeguards

Paragraph (4) of section 6103(p) of such Code is amended—

(A)

in the matter preceding subparagraph (A), by striking (l)(16), and inserting (l)(10), (16),;

(B)

in subparagraph (F)(i), by striking (l)(16), and inserting (l)(10), (16),; and

(C)

in the matter following subparagraph (F)(iii)—

(i)

in each of the first two places it appears, by striking (l)(16), and inserting (l)(10), (16),;

(ii)

by inserting (10), after paragraph (6)(A),; and

(iii)

in each of the last two places it appears, by striking (l)(16) and inserting (l)(10) or (16).

(c)

Expenditures from State fund

Section 3304(a)(4) of such Code is amended—

(1)

in subparagraph (E), by striking and after the semicolon;

(2)

in subparagraph (F), by inserting and after the semicolon; and

(3)

by adding at the end the following new subparagraph:

(G)

with respect to amounts of covered unemployment compensation debt (as defined in section 6402(f)(4)) collected under section 6402(f)—

(i)

amounts may be deducted to pay any fees authorized under such section; and

(ii)

the penalties and interest described in section 6402(f)(4)(B) may be transferred to the appropriate State fund into which the State would have deposited such amounts had the person owing the debt paid such amounts directly to the State;

.

(d)

Conforming amendments

(1)

Subsection (a) of section 6402 of such Code is amended by striking (c), (d), and (e), and inserting (c), (d), (e), and (f).

(2)

Paragraph (2) of section 6402(d) of such Code is amended by striking and before such overpayment is reduced pursuant to subsection (e) and inserting and before such overpayment is reduced pursuant to subsections (e) and (f).

(3)

Paragraph (3) of section 6402(e) of such Code is amended in the last sentence by inserting or subsection (f) after paragraph (1).

(4)

Subsection (g) of section 6402 of such Code, as redesignated by subsection (a), is amended by striking (c), (d), or (e) and inserting (c), (d), (e), or (f).

(5)

Subsection (i) of section 6402 of such Code, as redesignated by subsection (a), is amended by striking subsection (c) or (e) and inserting subsection (c), (e), or (f).

(e)

Effective date

The amendments made by this section shall apply to refunds payable under section 6402 of the Internal Revenue Code of 1986 on or after the date of enactment of this Act.

Speaker of the House of Representatives.

Vice President of the United States and President of the Senate.