S.Amdt. 1941

1. Adds Subtitle D--Self-Sufficiency SEC. 631. REQUIREMENT FOR GUARANTEE OF SELF-SUFFICIENCY on page 668, between lines 12 and 13

   Adds a sectionPrinted page

   Inserted: Subtitle D--Self-Sufficiency SEC. 631. REQUIREMENT FOR GUARANTEE OF SELF-SUFFICIENCY.

   Inserted: (a) In General.--Title II of the Immigration and Nationality Act (8 U.S.C. 1151 et seq.) is amended by inserting after section 213A the following:

   Inserted: "SEC. 213B. REQUIREMENT FOR GUARANTEE OF SELF-SUFFICIENCY.

   Inserted: "(a) In General.--In addition to the eligibility requirements under section 601(e) of the Secure Borders, Economic Opportunity, and Immigration Reform Act of 2007, an alien applying for Z nonimmigrant status under section 601 of such Act shall submit a signed a guarantee of self-sufficiency in accordance with this section.

   Inserted: "(b) Enforceability.--

   Inserted: "(1) In general.--No guarantee of self-sufficiency may be accepted by the Secretary or by any consular officer to establish that an alien is not excludable as a public charge under section 212(a)(4) unless such guarantee is executed as a contract--

   Inserted: "(A) which is legally enforceable against the guarantor of self-sufficiency by the alien seeking immigration benefits, the Federal Government, and by any State (or any political subdivision of such State) providing any means-tested public benefits program during the 10-year period beginning on the date on which the alien last received any such immigration benefit;

   Inserted: "(B) in which the guarantor of self-sufficiency agrees to financially support the alien to prevent the alien from becoming a public charge; and

   Inserted: "(C) in which the guarantor of self-sufficiency agrees to submit to the jurisdiction of any Federal or State court for the purpose of actions brought under subsection (e)(2).

   Inserted: "(2) Scope.--A contract under paragraph (1) shall be enforceable with respect to means-tested public benefits (other than the benefits described in subsection (g)) provided to the alien before the alien is naturalized as a United States citizen under chapter 2 of title III.

   Inserted: "(c) Forms.--Not later than 90 days after the date of the enactment of this section, the Secretary of Homeland Security, in consultation with the Secretary of State and the Secretary of Health and Human Services, shall develop a form of guarantee of self-sufficiency that is consistent with the provisions under this section.

   Inserted: "(d) Remedies.--

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   Inserted: "(1) In general.--Remedies available to enforce a guarantee of self-sufficiency under this section include--

   Inserted: "(A) any of the remedies described in section 3201, 3203, 3204, or 3205 of title 28, United States Code;

   Inserted: "(B) an order for specific performance and payment of legal fees and other costs of collection; and

   Inserted: "(C) corresponding remedies available under State law.

   Inserted: "(2) Collection.--A Federal agency may seek to collect amounts owed under this section in accordance with the provisions of subchapter II of chapter 37 of title 31, United States Code.

   Inserted: "(e) Notification of Change of Address.--

   Inserted: "(1) In general.--The guarantor of self-sufficiency shall notify the Secretary and the State in which the guaranteed alien is a resident not later than 30 days after any change of address of the guarantor of self-sufficiency during the period specified in subsection (b)(2).

   Inserted: "(2) Penalty.--Any person subject to the requirement of paragraph (1) who fails to satisfy such requirement shall be subject to a civil penalty of--

   Inserted: "(A) not less than $25,000 and not more than $50,000; or

   Inserted: "(B) if such failure occurs with knowledge that the alien has received any means-tested public benefit, not less than $50,000 or more than $100,000.

   Inserted: "(f) Reimbursement of Government Expenses.--

   Inserted: "(1) Request.--

   Inserted: "(A) In general.--Upon notification that a guaranteed alien has received any benefit under any means-tested public benefits program, the appropriate Federal, State, or local official shall request reimbursement by the guarantor of self-sufficiency equal to the amount of assistance received by such alien.

   Inserted: "(B) Rulemaking.--The Secretary of Homeland Security, in consultation with the Secretary of Health and Human Services, shall prescribe such regulations as may be necessary to carry out subparagraph (A).

   Inserted: "(2) Civil action.--If the appropriate Federal, State, or local agency has not received a response from the guarantor of self-sufficiency within 45 days after requesting reimbursement, which indicates that such guarantor is willing to commence payments, an action may be brought against the guarantor of self-sufficiency to enforce the terms of the guarantee of self-sufficiency.

   Inserted: "(3) Failure to comply with repayment terms.--If the guarantor of self-sufficiency fails to comply with the repayment terms established by such agency, the agency may, not earlier than 60 days after such failure, bring an action against the guarantor of self-sufficiency pursuant to the affidavit of support.

   Inserted: "(4) Statute of limitations.--No cause of action may be brought under this subsection later than 50 years after the alien last received a benefit under any means-tested public benefits program.

   Inserted: "(5) Collection agencies.--If a Federal, State, or local agency requests reimbursement under this subsection from the guarantor of self-sufficiency in the amount of assistance provided, or brings an action against the guarantor of self-sufficiency pursuant to the affidavit of support, the appropriate agency may appoint or hire an individual or other person to act on behalf of such agency acting under the authority of law for purposes of collecting any moneys owed. Nothing in this subsection shall preclude any appropriate Federal, State, or local agency from directly requesting reimbursement from a guarantor of self-sufficiency for the amount of assistance provided, or from bringing an action against a guarantor of self-sufficiency pursuant to an affidavit of support.

   Inserted: "(g) Benefits Not Subject to Reimbursement.--A guarantor shall not be liable under this section for the reimbursement of any of the following benefits provided to a guaranteed alien:

   Inserted: "(1) Emergency medical services under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.).

   Inserted: "(2) Short-term, non-cash, in-kind emergency disaster relief.

   Inserted: "(3) Assistance or benefits under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.).

   Inserted: "(4) Assistance or benefits under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.).

   Inserted: "(5) Public health assistance for immunizations with respect to immunizable diseases and for testing and treatment of symptoms of communicable diseases whether or not such symptoms are caused by a communicable disease.

   Inserted: "(6) Payments for foster care and adoption assistance under part B of title IV of the Social Security Act (42 U.S.C. 621 et seq.) for a child, but only if the foster or adoptive parent or parents of such child are not otherwise ineligible pursuant to section 4403 of this Act.

   Inserted: "(7) Programs, services, or assistance (including soup kitchens, crisis counseling and intervention, and short-term shelter) specified by the Attorney General, in the Attorney General's sole and unreviewable discretion after consultation with appropriate Federal agencies and departments, which--'

   Inserted: "(A) deliver in-kind services at the community level, including through public or private nonprofit agencies;

   Inserted: "(B) do not condition the provision of assistance, the amount of assistance provided, or the cost of assistance provided on the individual recipient's income or resources; and

   Inserted: "(C) are necessary for the protection of life or safety.

   Inserted: "(8) Programs of student assistance under titles IV, V, IX, and X of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.).

   Inserted: "(9) Benefits under the Head Start Act (42 U.S.C. 9831 et seq.).

   Inserted: "(10) Means-tested programs under the Elementary and Secondary Education Act of 1965 (Public Law 89-10).

   Inserted: "(11) Benefits under the Job Training Partnership Act (Public Law 97-300).

   Inserted: "(h) Definitions.--In this section:

   Inserted: "(1) Guarantor of self-sufficiency.--The term 'guarantor' means an individual who--

   Inserted: "(A) seeks a benefit under title IV or VI of the Secure Borders, Economic Opportunity, and Immigration Reform Act of 2007, or under any amendment made under either such title;

   Inserted: "(B) is at least 18 years of age; and

   Inserted: "(C) is domiciled in any of the 50 States or in the District of Columbia.

   Inserted: "(2) Means-tested public benefits program.--The term 'means-tested public benefits program' means a program of public benefits (including cash, medical, housing, food assistance, and social services) administered by the Federal Government, a State, or a political subdivision of a State in which the eligibility of an individual, household, or family eligibility unit for benefits under the program or the amount of such benefits is determined on the basis of income, resources, or financial need of the individual, household, or unit.".

   Inserted: (b) Clerical Amendment.--The table of contents for the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting after the item relating to section 213A the following:

   Inserted: "Sec. 213B. Requirement for guarantee of self-sufficiency.".

   Original wording

   On page 668, between lines 12 and 13, insert the following:

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As printed