S.Amdt. 3739
What it does: Adds SEC. 1503. ENSURING THAT REFUGEES, ASYLEES, AND OTHER ALIENS ARE NOT DEPENDENT ON WELFARE on page 15, line 22
Sen. Rand Paul (R-KY)What it changes
1 change to S. 2648
Adds SEC. 1503. ENSURING THAT REFUGEES, ASYLEES, AND OTHER ALIENS ARE NOT DEPENDENT ON WELFARE on page 15, line 22
Adds a sectionPrinted pageInserted: SEC. 1503. ENSURING THAT REFUGEES, ASYLEES, AND OTHER ALIENS ARE NOT DEPENDENT ON WELFARE.
Inserted: (a) Ineligible Person Defined.--In this section, the term "ineligible person" means a noncitizen who--
Inserted: (1) is in the custody of the Federal Government on the basis of a violation of immigration law;
Inserted: (2) is subject to a removal order; or
Inserted: (3) is not otherwise eligible for permanent residency in the United States under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
Inserted: (b) No Access to Welfare.--Notwithstanding any other provision of law, an ineligible person is not eligible for any of the following:
Inserted: (1) Any assistance or benefits provided under a State program funded under the temporary assistance for needy families program under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.).
Inserted: (2) Any medical assistance provided under a State Medicaid plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) or under a waiver of such plan, other than emergency medical assistance provided under paragraphs (2) and (3) of section 1903(v), and any child health assistance provided under a State child health plan under title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.) or under a waiver of such plan.
Inserted: (3) Any benefits or assistance provided under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.).
Inserted: (4) Supplemental security income benefits provided under title XVI of the Social Security Act (42 U.S.C. 1381).
Inserted: (5) Federal Pell Grants under section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a).
Inserted: (6) Housing vouchers under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f).
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Inserted: (7) Federal old-age, survivors, and disability insurance benefits under title II of the Social Security Act (42 U.S.C. 401 et seq.).
Inserted: (8) Health insurance benefits for the aged and disabled under the medicare program established under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.).
Inserted: (9) Assistance or benefits provided under the program of block grants to States for social services under subtitle A of title XX of the Social Security Act (42 U.S.C. 1397 et seq.).
Inserted: (c) No Welfare for Refugees or Asylees After 1 Year of Date of Admission.--Notwithstanding any other provision of law, an alien admitted to the United States as a refugee under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157) or granted asylum under section 208 of such Act (8 U.S.C. 1158) shall not be eligible for any assistance or benefits described in paragraphs (1) through (8) of subsection (b), and shall not be allowed the earned income tax credit under section 32 of the Internal Revenue Code of 1986, after the date that is 1 year after the date on which the alien is so admitted or granted asylum.
Inserted: (d) No Citizenship for Aliens Who Apply for and Receive Welfare.--Any alien, refugee, asylee, nonimmigrant admitted to the United States under a permanent or temporary visa, or ineligible person who is prohibited under this section or any other provision of law from applying for, or receiving, assistance or benefits described in subsection (b) or from claiming the earned income tax credit allowed under section 32 of the Internal Revenue Code of 1986, or any other credit allowed under subpart C of part IV of subchapter A of chapter 1 of such Code, and who applies for and receives any such assistance or benefits, or who claims and is allowed any such credit, shall be permanently prohibited from becoming naturalized as a citizen of the United States.
Inserted: (e) Enforcement.--
Inserted: (1) State defined.--In this subsection, the term "State" means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa.
Inserted: (2) Requirement.--Each State shall implement the verification procedures listed in paragraph (5) to prevent noncitizens from receiving the assistance or benefits described in subsection (b) and from being allowed the earned income tax credit under section 32 of the Internal Revenue Code of 1986. To the extent that the State is not responsible for the administration of such assistance, benefits, or tax credit, the procedures implemented by the State shall be designed to assist the head of the Federal agency responsible for administering such assistance, benefits, or tax credit in ensuring that noncitizens do not receive the assistance, benefits, or tax credit.
Inserted: (3) Penalty.--
Inserted: (A) In general.--Notwithstanding any other provision of law, with respect to a State, each head of the Federal agency responsible for administering a Federal means-tested benefit program listed in paragraph (4) shall reduce the annual amount of federal financial payments that would otherwise be made to the State under the program by 10 percent, beginning with the payments for fiscal year 2015.
Inserted: (B) The reduction under subparagraph (A) shall not apply with respect to any fiscal year that begins after the date on which the State certifies to the Secretary of the Homeland Security that the State has complied with paragraph (2).
Inserted: (4) Federal means-tested benefit programs.--The Federal means-tested benefit programs listed in this paragraph are the following:
Inserted: (A) The temporary assistance for needy families program under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.).
Inserted: (B) The Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.).
Inserted: (C) The State children's health insurance program under title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.).
Inserted: (D) The supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.).
Inserted: (E) The program of block grants to States for social services under subtitle A of title XX of the Social Security Act (42 U.S.C. 1397 et seq.).
Inserted: (5) Verification procedures.--The verification procedures listed in this paragraph are the following:
Inserted: (A) Requiring proof of citizenship as a condition for receipt of assistance or benefits under the Federal means-tested benefit programs listed in paragraph (4).
Inserted: (B) Verifying the proof of citizenship provided as a condition for receipt of assistance or benefits under the Federal means-tested benefit programs listed in paragraph (4), including by using the Systematic Alien Verification for Entitlements Program of U.S. Citizenship and Immigration Services to confirm that an individual who has presented proof of citizenship as a condition for receipt of assistance or benefits under a Federal means-tested benefit program listed in paragraph (4) is not an alien.
Inserted: (C) Requiring officers and employees of State agencies that administer a Federal means-tested benefit program listed in paragraph (4) to report to the Secretary of Homeland Security any suspicious or fraudulent identity information provided by an individual applying for assistance or benefits.
Inserted: (6) Miscellaneous provisions.--
Inserted: (A) Nonapplicability of the privacy act.--Notwithstanding any other provision of law, section 552a of title 5, United States Code (commonly referred to as the "Privacy Act") may not be construed as prohibiting an officer or employee of a State from verifying a claim of citizenship for purposes of eligibility for assistance or benefits under a Federal means-tested benefit program listed in paragraph (4).
Inserted: (B) Inclusion of certain persons in save.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Homeland Security shall certify that the Systematic Alien Verification for Entitlements Program of U.S. Citizenship and Immigration Services has the ability to establish verifiable ineligibility for any Federal means-tested benefit program listed in paragraph (4) for any ineligible person.
Original wording
On page 15, after line 22, add the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 3739. Mr. PAUL submitted an amendment intended to be proposed by him to the bill S. 2648, making emergency supplemental appropriations for the fiscal year ending September 30, 2014, and for other purposes; which was ordered to lie on the table; as follows:
On page 15, after line 22, add the following:
SEC. 1503. ENSURING THAT REFUGEES, ASYLEES, AND OTHER ALIENS ARE NOT DEPENDENT ON WELFARE.
(a) Ineligible Person Defined.--In this section, the term “ineligible person” means a noncitizen who--
(1) is in the custody of the Federal Government on the basis of a violation of immigration law;
(2) is subject to a removal order; or
(3) is not otherwise eligible for permanent residency in the United States under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
(b) No Access to Welfare.--Notwithstanding any other provision of law, an ineligible person is not eligible for any of the following:
(1) Any assistance or benefits provided under a State program funded under the temporary assistance for needy families program under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.).
(2) Any medical assistance provided under a State Medicaid plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) or under a waiver of such plan, other than emergency medical assistance provided under paragraphs (2) and (3) of section 1903(v), and any child health assistance provided under a State child health plan under title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.) or under a waiver of such plan.
(3) Any benefits or assistance provided under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.).
(4) Supplemental security income benefits provided under title XVI of the Social Security Act (42 U.S.C. 1381).
(5) Federal Pell Grants under section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a).
(6) Housing vouchers under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f).
(7) Federal old-age, survivors, and disability insurance benefits under title II of the Social Security Act (42 U.S.C. 401 et seq.).
(8) Health insurance benefits for the aged and disabled under the medicare program established under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.).
(9) Assistance or benefits provided under the program of block grants to States for social services under subtitle A of title XX of the Social Security Act (42 U.S.C. 1397 et seq.).
(c) No Welfare for Refugees or Asylees After 1 Year of Date of Admission.--Notwithstanding any other provision of law, an alien admitted to the United States as a refugee under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157) or granted asylum under section 208 of such Act (8 U.S.C. 1158) shall not be eligible for any assistance or benefits described in paragraphs (1) through (8) of subsection (b), and shall not be allowed the earned income tax credit under section 32 of the Internal Revenue Code of 1986, after the date that is 1 year after the date on which the alien is so admitted or granted asylum.
(d) No Citizenship for Aliens Who Apply for and Receive Welfare.--Any alien, refugee, asylee, nonimmigrant admitted to the United States under a permanent or temporary visa, or ineligible person who is prohibited under this section or any other provision of law from applying for, or receiving, assistance or benefits described in subsection (b) or from claiming the earned income tax credit allowed under section 32 of the Internal Revenue Code of 1986, or any other credit allowed under subpart C of part IV of subchapter A of chapter 1 of such Code, and who applies for and receives any such assistance or benefits, or who claims and is allowed any such credit, shall be permanently prohibited from becoming naturalized as a citizen of the United States.
(e) Enforcement.--
(1) State defined.--In this subsection, the term “State” means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa.
(2) Requirement.--Each State shall implement the verification procedures listed in paragraph (5) to prevent noncitizens from receiving the assistance or benefits described in subsection (b) and from being allowed the earned income tax credit under section 32 of the Internal Revenue Code of 1986. To the extent that the State is not responsible for the administration of such assistance, benefits, or tax credit, the procedures implemented by the State shall be designed to assist the head of the Federal agency responsible for administering such assistance, benefits, or tax credit in ensuring that noncitizens do not receive the assistance, benefits, or tax credit.
(3) Penalty.--
(A) In general.--Notwithstanding any other provision of law, with respect to a State, each head of the Federal agency responsible for administering a Federal means-tested benefit program listed in paragraph (4) shall reduce the annual amount of federal financial payments that would otherwise be made to the State under the program by 10 percent, beginning with the payments for fiscal year 2015.
(B) The reduction under subparagraph (A) shall not apply with respect to any fiscal year that begins after the date on which the State certifies to the Secretary of the Homeland Security that the State has complied with paragraph (2).
(4) Federal means-tested benefit programs.--The Federal means-tested benefit programs listed in this paragraph are the following:
(A) The temporary assistance for needy families program under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.).
(B) The Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.).
(C) The State children's health insurance program under title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.).
(D) The supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.).
(E) The program of block grants to States for social services under subtitle A of title XX of the Social Security Act (42 U.S.C. 1397 et seq.).
(5) Verification procedures.--The verification procedures listed in this paragraph are the following:
(A) Requiring proof of citizenship as a condition for receipt of assistance or benefits under the Federal means-tested benefit programs listed in paragraph (4).
(B) Verifying the proof of citizenship provided as a condition for receipt of assistance or benefits under the Federal means-tested benefit programs listed in paragraph (4), including by using the Systematic Alien Verification for Entitlements Program of U.S. Citizenship and Immigration Services to confirm that an individual who has presented proof of citizenship as a condition for receipt of assistance or benefits under a Federal means-tested benefit program listed in paragraph (4) is not an alien.
(C) Requiring officers and employees of State agencies that administer a Federal means-tested benefit program listed in paragraph (4) to report to the Secretary of Homeland Security any suspicious or fraudulent identity information provided by an individual applying for assistance or benefits.
(6) Miscellaneous provisions.--
(A) Nonapplicability of the privacy act.--Notwithstanding any other provision of law, section 552a of title 5, United States Code (commonly referred to as the “Privacy Act”) may not be construed as prohibiting an officer or employee of a State from verifying a claim of citizenship for purposes of eligibility for assistance or benefits under a Federal means-tested benefit program listed in paragraph (4).
(B) Inclusion of certain persons in save.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Homeland Security shall certify that the Systematic Alien Verification for Entitlements Program of U.S. Citizenship and Immigration Services has the ability to establish verifiable ineligibility for any Federal means-tested benefit program listed in paragraph (4) for any ineligible person.
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Senate amendment submitted
July 31, 2014