S.Amdt. 3111Senate111th Congress (2009-2011)2nd degree

S.Amdt. 3111

Submitted December 9, 2009

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Senate amendment submitted

December 9, 2009

Text

Submitted

SA 3111. Mr. SESSIONS submitted an amendment intended to be proposed
to amendment SA 2786 proposed by Mr. Reid (for himself, Mr. Baucus, Mr.
Dodd, and Mr. Harkin) to the bill H.R. 3590, to amend the Internal
Revenue Code of 1986 to modify the first-time homebuyers credit in the
case of members of the Armed Forces and certain other Federal
employees, and for other purposes; which was ordered to lie on the
table; as follows:

On page 245, beginning with line 15, strike all through
page 246, line 7.
On page 254, strike lines 11 through 20.
On page 260, strike lines 14 through 17.
On page 267, strike lines 17 through 25.
On page 268, between lines 13 and 14, insert the following:
(3) Subsidies treated as public benefit.--Notwithstanding
any other provision of this Act or any other provision of
law, for purposes of section 403 of the Personal
Responsibility and Work Opportunity Reconciliation Act of
1996 (8 U.S.C. 1613), the following shall be considered a
Federal means-tested public benefit:
(A) The ability of an individual to purchase a qualified
health plan offered through an Exchange.
(B) The premium tax credit established under section 1401
of this Act (and any advance payment thereof).
(C) The cost sharing reductions established under this
section (and any advance payment thereof).
On page 269, strike lines 7 through 9, and insert the
following:
(a) Verification Process.--The Secretary shall ensure that
eligibility determinations required by this Act are conducted
in accordance with the following requirements, including
requirements for determining:
On page 269, line 18, insert ``eligible'' before ``alien''.
On page 270, line 16, strike ``provide'' and insert
``appear in person to provide the Exchange with the
following''.
On page 270, between lines 20 and 21, insert the following:
(B) A sworn statement, under penalty of perjury,
specifically attesting to the fact that each enrollee is
either a citizen or national of the United States or an
eligible lawful permanent resident meeting the requirements
of section 1402(f)(3) of this Act and identifying the
applicable eligibility status for each enrollee; and
On page 270, line 21, insert ``and documentation'' after
``information''.
On page 271, strike lines 4 through 15, and insert the
following:
(A) In the case of an enrollee whose eligibility is based
on attestation of citizenship of the enrollee, the enrollee
shall provide satisfactory evidence of citizenship or
nationality (within the meaning of section 1903(x) of the
Social Security Act (42 U.S.C. 1396b)).
(B) In the case of an individual whose eligibility is based
on attestation of the enrollee's immigration status--
(i) such information as is necessary for the individual to
demonstrate they are in ``satisfactory immigration status''
as defined and in accordance with the Systematic Alien
Verification for Entitlements (SAVE) program established by
section 1137 of the Social Security Act (42 U.S.C. 1320b-7),
and
(ii) any other additional identifying information as the
Secretary, in consultation with the Secretary of Homeland
Security, may require in order for the enrollee to
demonstrate satisfactory immigration status.
On page 274, beginning with line 12, strike all through
page 276, line 17, and insert the following:
(c) Verification of Eligibility Through Documentation.--
(1) In general.--Each Exchange shall conduct eligibility
verification, using the information provided by an applicant
under subsection (b), in accordance with this subsection.
(2) Verification of citizenship or immigration status.--
(A) Verification of attestation of citizenship.--Each
Exchange shall verify the eligibility of each enrollee who
attests that they are a citizen or national of the United
States, as required by subsection (b)(1)(A) of this section,
in accordance with the provisions of section 1903(x) of the
Social Security Act.
(B) Verification of attestation of eligible immigration
status.--Each Exchange shall verify the eligibility of each
enrollee who attests that they are eligible to participate in
the exchange by virtue of having been a lawful permanent
resident for not less than 5 years, as required by subsection
(b)(l)(B) of this section, in accordance with the provisions
of section 1137 of the Social Security Act.
On page 277, beginning with line 19, strike all through
page 278, line 16.
On page 280, strike lines 8 and 9 and insert ``in
accordance with the secondary verification process
established consistent with section 1137 of the Social
Security Act (as is in effect as of January 1, 2009).''
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