To ensure that Americans are not require to pay for the health benefits for those here illegally by requiring the use of an effective eligibility verification system, consistent with existing law for other federal health related programs, and to also maintain the current, and well-established requirement of law, that legal immigrants should not become a "public charge" or burden to the American taxpayers, to reduce the cost of this bill, and to reduce the deficit and for other purposes.

SA 3701. Mr. SESSIONS proposed an amendment to the bill H.R. 4872, to
provide for reconciliation pursuant to Title II of the concurrent
resolution on the budget for fiscal year 2010 (S. Con. Res. 13); as
follows:

At the end of subtitle A of title I, insert the following:

SEC. 1006. PROVISIONS TO ENSURE EFFECTIVE ELIGIBILITY
VERIFICATION SYSTEM.

(a) Eligibility for Credits and Cost-Sharing Reductions.--
(1) Credits.--Section 36B of the Internal Revenue Code of
1986, as added by section 1401 of the Patient Protection and
Affordable Care Act, is amended--
(A) in subsection (c) (1), by striking subparagraph (B) and
by redesignating subparagraphs (C) and (D) as subparagraphs
(B) and (C), respectively, and
(B) by striking paragraph (3) of subsection (e).
(2) Reduced cost-sharing.--Section 1402 of the Patient
Protection and Affordable Care Act is amended--
(A) by striking the last sentence of subsection (b),
(B) by striking paragraph (3) of subsection (e), and
(C) by adding at the end of subsection (f) the following:
``(4) 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).''.
(b) Eligibility Determinations.--Section 1411 of the
Patient Protection and Affordable Care Act is amended--
(1) in subsection (a)--
(A) by striking so much of such subsection as precedes
paragraph (1) and inserting:
``(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:'', and
(B) by inserting ``eligible'' before ``alien'' in paragraph
(1),
(2) in subsection (b)(1)--
(A) by inserting ``the Exchange with the following'' after
``provide'',
(B) by striking ``and'' at the end of subparagraph (A), by
redesignating subparagraph (B) as subparagraph (C) and by
inserting after subparagraph (A) 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'', and
(C) by inserting ``and documentation'' after
``information'' in subparagraph (C) (as so redesignated),
(3) by striking subparagraphs (A) and (B) of subsection
(b)(2) and inserting 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.'',
(4) by striking so much of subsection (c) as precedes
paragraph (3) and inserting 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.'',
(5) by striking subparagraph (B) of subsection (c)(4),
(6) by striking subsection (d) and redesignating
subsections (e) through (i) as subsections (d) through (h),
respectively, and
(7) by striking ``under section 1902(ee) of the Social
Security Act (as in effect on January 1, 2010)'' in
subsection (d)(3) (as redesignated under paragraph (6)) and
inserting ``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)''.
______