S.Amdt. 1246
What it does: Adds SEC. ___. ENSURING COMPLIANCE WITH RESTRICTIONS ON WELFARE AND PUBLIC BENEFITS FOR ALIENS at the end of subtitle B of title III
Sen. Orrin G. Hatch (R-UT)What it changes
1 change to S. 744 · shown in the bill's text
Adds SEC. ___. ENSURING COMPLIANCE WITH RESTRICTIONS ON WELFARE AND PUBLIC BENEFITS FOR ALIENS at the end of subtitle B of title III
Adds a sectionIn S. 744 · Reported to Senate
(B) denies payments due to victims for work completed.
Inserted: SEC. ___. ENSURING COMPLIANCE WITH RESTRICTIONS ON WELFARE AND PUBLIC BENEFITS FOR ALIENS.
Inserted: (a) General Prohibition.--No officer or employee of the Federal Government may--
Inserted: (1) waive compliance with any requirement in title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1601 et seq.) in effect on the date of enactment of this Act or with any restriction on eligibility for any form of assistance or benefit described in section 403(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613(a)) established under a provision of this Act or an amendment made by this Act;
Inserted: (2) waive the prohibition under subsection (d)(3) of section 245B of the Immigration and Nationality Act (as added by section 2101 of this Act) on eligibility for Federal means-tested public benefits for any alien granted registered provisional immigrant status under section 245B of the Immigration and Nationality Act;
Inserted: (3) waive the prohibition under subsection (c)(3) of section 2211 of this Act on eligibility for Federal means-tested public benefits for any alien granted blue card status under that section;
Inserted: (4) waive the prohibition under subsection (c) of section 2309 of this Act on eligibility for Federal means-tested public benefits for any noncitizen who is lawfully present in the United States pursuant to section 101(a)(15)(V) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(V)) (as amended by section 2309(a)); or
Inserted: (5) waive the prohibition under subsection (w)(2)(C) of section 214 of the Immigration and Nationality Act (8 U.S.C. 1184(w)(2)(C)) (as added by section 4504(b) of this Act) on eligibility for any assistance or benefits described in section 403(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613(a)) for any alien described in section 101(a)(15)(Y) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(Y) (as added by section 4504 of this Act) who is issued a nonimmigrant visa.
Inserted: (b) Ensuring Compliance With Federal Welfare Law.--
Inserted: (1) Restriction of secretary of health and human services authority.--In addition to the prohibitions specified in subsection (a), the Secretary of Health and Human Services (in this subsection referred to as the "Secretary") shall not do the following:
Inserted: (A) Waive compliance by a State with, or otherwise permit a State not to comply with, any of the Temporary Assistance for Needy Families (TANF) work requirements in section 407 of the Social Security Act (42 U.S.C. 607), including the participation rate requirements. The Secretary also may not permit accountability by a State for negotiated outcomes to substitute for the participation rate requirements under such section.
Inserted: (B) Permit a State to spend TANF funds for a benefit or service that is not an allowable use of funds under section 404 of the Social Security Act (42 U.S.C. 604).
Inserted: (C) Permit a State to use funds provided under section 403(a)(2) of the Social Security Act (42 U.S.C. 603(a)(2)) for healthy marriage promotion and responsible fatherhood grants for expenditures other than expressly permitted under that section.
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Inserted: (D) Waive compliance by a State with, or otherwise permit a State not to comply with, any of the prohibitions and requirements in section 408 of the Social Security Act (42 U.S.C. 608), including extending assistance to a family for which assistance would otherwise be prohibited under that section.
Inserted: (E) Waive the imposition of a penalty on a State derived from any experimental pilot or demonstration projects under section 1115 of the Social Security Act (42 U.S.C. 1315) or as part of authorizing, approving, renewing, modifying or extending any such project, including with respect to work participation rates or providing assistance to a family beyond the period permitted under section 408(a)(7) of the Social Security Act (42 U.S.C. 608(a)(7)), that the Secretary is required to apply under section 409 of the Social Security Act (42 U.S.C. 609) or determine there is a reasonable cause exception to the imposition of a penalty on a State required by that section.
Inserted: (F) Authorize, approve, renew, modify, or extend any experimental, pilot, or demonstration project under section 1115 of the Social Security Act (42 U.S.C. 1315) submitted by a State that requests a waiver of compliance with any rule, requirement, or prohibition described in subsection (a) or subparagraphs (A) through (E) of this paragraph, including through a waiver under--
Inserted: (i) section 1115(a)(1) of such Act of any TANF requirement in, or incorporated by reference in, section 402 of the Social Security Act (42 U.S.C. 602); or
Inserted: (ii) section 1115(a)(2)(B) of such Act by authorizing an expenditure that would not otherwise be an allowable use of funds under a State program funded under part A of title IV of such Act (42 U.S.C. 601 et seq.) to be regarded as an allowable use of funds under that program for any period.
Inserted: (2) Rescission of waivers and 1115 projects.--Any waiver, and any approval of any experimental, pilot, or demonstration project under section 1115 of the Social Security Act (42 U.S.C. 1315), of any rule, requirement, or prohibition described in subsection (a) or subparagraphs (A) through (E) of paragraph (1) of this subsection, that is granted before the date of the enactment of this section is hereby rescinded and shall be null and void.
Inserted: (3) Rule of construction.--Nothing in paragraph (1) or (2) shall be construed as limiting the authority of the Secretary of Health and Human Services under section 1115 of the Social Security Act (42 U.S.C. 1315) to grant a State application to conduct an experimental, pilot, or demonstration project under section 1115 with respect to the Medicaid program established under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), including a State application for a project to operate the Medicaid program with a block grant for the federal share of the program funding.
Original wording
At the end of subtitle B of title III, add the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 1246. Mr. HATCH (for himself and Mr. Rubio) submitted an amendment intended to be proposed by him to the bill S. 744, to provide for comprehensive immigration reform and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title III, add the following:
SEC. ___. ENSURING COMPLIANCE WITH RESTRICTIONS ON WELFARE AND PUBLIC BENEFITS FOR ALIENS.
(a) General Prohibition.--No officer or employee of the Federal Government may--
(1) waive compliance with any requirement in title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1601 et seq.) in effect on the date of enactment of this Act or with any restriction on eligibility for any form of assistance or benefit described in section 403(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613(a)) established under a provision of this Act or an amendment made by this Act;
(2) waive the prohibition under subsection (d)(3) of section 245B of the Immigration and Nationality Act (as added by section 2101 of this Act) on eligibility for Federal means-tested public benefits for any alien granted registered provisional immigrant status under section 245B of the Immigration and Nationality Act;
(3) waive the prohibition under subsection (c)(3) of section 2211 of this Act on eligibility for Federal means-tested public benefits for any alien granted blue card status under that section;
(4) waive the prohibition under subsection (c) of section 2309 of this Act on eligibility for Federal means-tested public benefits for any noncitizen who is lawfully present in the United States pursuant to section 101(a)(15)(V) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(V)) (as amended by section 2309(a)); or
(5) waive the prohibition under subsection (w)(2)(C) of section 214 of the Immigration and Nationality Act (8 U.S.C. 1184(w)(2)(C)) (as added by section 4504(b) of this Act) on eligibility for any assistance or benefits described in section 403(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613(a)) for any alien described in section 101(a)(15)(Y) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(Y) (as added by section 4504 of this Act) who is issued a nonimmigrant visa.
(b) Ensuring Compliance With Federal Welfare Law.--
(1) Restriction of secretary of health and human services authority.--In addition to the prohibitions specified in subsection (a), the Secretary of Health and Human Services (in this subsection referred to as the “Secretary”) shall not do the following:
(A) Waive compliance by a State with, or otherwise permit a State not to comply with, any of the Temporary Assistance for Needy Families (TANF) work requirements in section 407 of the Social Security Act (42 U.S.C. 607), including the participation rate requirements. The Secretary also may not permit accountability by a State for negotiated outcomes to substitute for the participation rate requirements under such section.
(B) Permit a State to spend TANF funds for a benefit or service that is not an allowable use of funds under section 404 of the Social Security Act (42 U.S.C. 604).
(C) Permit a State to use funds provided under section 403(a)(2) of the Social Security Act (42 U.S.C. 603(a)(2)) for healthy marriage promotion and responsible fatherhood grants for expenditures other than expressly permitted under that section.
(D) Waive compliance by a State with, or otherwise permit a State not to comply with, any of the prohibitions and requirements in section 408 of the Social Security Act (42 U.S.C. 608), including extending assistance to a family for which assistance would otherwise be prohibited under that section.
(E) Waive the imposition of a penalty on a State derived from any experimental pilot or demonstration projects under section 1115 of the Social Security Act (42 U.S.C. 1315) or as part of authorizing, approving, renewing, modifying or extending any such project, including with respect to work participation rates or providing assistance to a family beyond the period permitted under section 408(a)(7) of the Social Security Act (42 U.S.C. 608(a)(7)), that the Secretary is required to apply under section 409 of the Social Security Act (42 U.S.C. 609) or determine there is a reasonable cause exception to the imposition of a penalty on a State required by that section.
(F) Authorize, approve, renew, modify, or extend any experimental, pilot, or demonstration project under section 1115 of the Social Security Act (42 U.S.C. 1315) submitted by a State that requests a waiver of compliance with any rule, requirement, or prohibition described in subsection (a) or subparagraphs (A) through (E) of this paragraph, including through a waiver under--
(i) section 1115(a)(1) of such Act of any TANF requirement in, or incorporated by reference in, section 402 of the Social Security Act (42 U.S.C. 602); or
(ii) section 1115(a)(2)(B) of such Act by authorizing an expenditure that would not otherwise be an allowable use of funds under a State program funded under part A of title IV of such Act (42 U.S.C. 601 et seq.) to be regarded as an allowable use of funds under that program for any period.
(2) Rescission of waivers and 1115 projects.--Any waiver, and any approval of any experimental, pilot, or demonstration project under section 1115 of the Social Security Act (42 U.S.C. 1315), of any rule, requirement, or prohibition described in subsection (a) or subparagraphs (A) through (E) of paragraph (1) of this subsection, that is granted before the date of the enactment of this section is hereby rescinded and shall be null and void.
(3) Rule of construction.--Nothing in paragraph (1) or (2) shall be construed as limiting the authority of the Secretary of Health and Human Services under section 1115 of the Social Security Act (42 U.S.C. 1315) to grant a State application to conduct an experimental, pilot, or demonstration project under section 1115 with respect to the Medicaid program established under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), including a State application for a project to operate the Medicaid program with a block grant for the federal share of the program funding.
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Senate amendment submitted
June 12, 2013