S.Amdt. 3312

SA 3312. Mr. THUNE submitted an amendment intended to be proposed to
amendment SA 3192 submitted by Mr. Specter (for himself, Mr. Leahy, and
Mr. Hagel) to the bill S. 2454, to amend the Immigration and
Nationality Act to provide for comprehensive reform and for other
purposes; which was ordered to lie on the table; as follows:

On page 252 of the amendment, between lines 2 and 3, insert
the following:
(13) Agreement to collect percentage of wages to offset
cost of emergency health services furnished to uninsured h-2c
nonimmigrants.--The employer shall collect an amount equal to
1.45 percent of the wages paid by the employer to any H-2C
nonimmigrant and shall transmit such amount to the Secretary
of the Treasury for deposit into the H-2C Nonimmigrant Health
Services Trust Fund established under section 404(c) of the
Comprehensive Immigration Reform Act of 2006 at such time and
in such manner as the Secretary of the Treasury shall
determine.
On page 266, after line 22, add the following:
(c) H-2C Nonimmigrant Health Services Trust Fund.--
(1) Creation of trust fund.--There is established in the
Treasury of the United States a trust fund to be known as the
``H-2C Nonimmigrant Health Services Trust Fund'', consisting
of such amounts as may be appropriated or credited to such
Trust Fund as provided in this subsection or under rules
similar to the rules of section 9602 of the Internal Revenue
Code of 1986.
(2) Transfers to trust fund.--There are hereby appropriated
to the H-2C Nonimmigrant Health Services Trust Fund amounts
equivalent to the amounts received by the Secretary of the
Treasury as a result of the provisions of section 218B(b)(13)
of the Immigration and Nationality Act.
(3) Expenditures from trust fund.--Amounts in the H-2C
Nonimmigrant Health Services Trust Fund shall be available
only for making payments by the Secretary of Health and Human
Services out of the State allotments established in
accordance with paragraph (4) directly to eligible providers
for the provision of eligible services to H-2C nonimmigrants
to the extent that the eligible provider was not otherwise
reimbursed (through insurance or otherwise) for such
services, as determined by such Secretary. Such payments
shall be made under rules similar to the rules for making
payments to eligible providers under section 1011 of the
Medicare Prescription Drug, Improvement, and Modernization
Act of 2003 (42 U.S.C. 1395dd).
(4) State allotments.--Not later than January 1 of each
year, the Secretary of Health and Human Services shall
establish an allotment for each State equal to the product
of--
(A) the total amount the Secretary of the Treasury notifies
the Secretary of Health and Human Services was appropriated
or credited to the H-2C Nonimmigrant Health Services Trust
Fund during the preceding year; and
(B) the number of H-2C nonimmigrants employed in the State
during such preceding year (as determined by the Secretary of
Labor).
(5) Definitions.--In this subsection:
(A) Eligible provider; eligible services.--The terms
``eligible provider'' and ``eligible services'' have the
meanings given those terms in section 1011(e) of the Medicare
Prescription Drug, Improvement, and Modernization Act of 2003
(42 U.S.C. 1395dd).
(B) H-2C nonimmigrant.--The term ``H-2C nonimmigrant'' has
the meaning given that term in section 218A(n)(7) of the
Immigration and Nationality Act.
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