12 2 STA T .3569PUBLIC LA W 11 0– 32 8— S E PT. 30 , 2008 underthis su bcla use of a q ualified alien or v icti m of traffic k in g described in either such subclause is a declaration under p enalt y of per j ury stating that the alien or victim has made a good faith effort to pursue U nited S tates citi z enship , as determined by the Sec - retary of H omeland Security .T he C ommis- sioner of Social Security shall develop criteria as needed, in consultation w ith the Secretary of Homeland Security, for consideration of such declarations. ‘ ‘ ( bb )EXCEPTIONF O R C H I LD REN. —A quali- fied 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 declara- tion described in item (aa) as a condition of being eligible for the specified F ederal pro- gram described in paragraph ( 3 )(A) for an additional 2 -year period in accordance with this clause. ‘‘( V ) PAYM ENT OF B ENEFIT S TO ALIENS W HOSE BENEFITS CEASED IN PRIOR FISCAL YEARS.— B enefits 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 R U LE IN CASE OF PENDIN G OR APPRO V ED NATURALI Z ATION APPLICATION.— W ith respect to eligibility for benefits for the specified program described in paragraph (3)(A), paragraph (1) shall not apply during fiscal years 2 0 0 9 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 10 7 (b)(1)(C) of division A of the Victims of Trafficking and Violence Protection Act of 2000 (Public L aw 10 6– 386) or as granted status under section 101(a)(1 5 )(T)(ii) of the Immigration and N ation- ality 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 termi- nation 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 Secu- rity, that such application is pending or has been approved.’’. Crite ri a.
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