I

104TH CONGRESS

1ST SESSION H. R. 372

To amend the Immigration and Nationality Act regarding public charge

status of aliens and the financial responsibility of sponsors.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 4, 1995

Mr. STUMP (for himself and Mr. CALLAHAN) introduced the following bill;

which was referred to the Committee on the Judiciary

A BILL

To amend the Immigration and Nationality Act regarding

public charge status of aliens and the financial responsibility of sponsors.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Immigrant Financial

5 Responsibility and Sponsorship Act of 1995’’.

6 SEC 2. PUBLIC CHARGE DEFINED.

7 Section 212(a)(4) of the Immigration and Nationality

8 Act (8 U.S.C. 1182(a)(4)), is amended to read as follows:
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1 ‘‘(4) PUBLIC CHARGE.—Any alien who cannot

2 demonstrate to the consular officer at the time of

3 application for a visa, or to the Attorney General at

4 the time of application for admission or adjustment

5 of status, that, taking into account the alien’s age

6 and medical condition, he or she has assets, edu7 cation, skills, or a combination thereof that make it

8 very unlikely that he or she will become eligible for

9 means-tested public assistance of any kind (includ10 ing, but not limited to, medical care or food and

11 housing assistance) or will otherwise become a public

12 charge is excludable.’’.

13 SEC. 3. GUARANTEE OF FINANCIAL RESPONSIBILITY.

14 Section 213 of the Immigration and Nationality Act

15 (8 U.S.C. 1183) is amended to read as follows:

16 ‘‘FINANCIAL RESPONSIBILITY OF SPONSORS.

17 ‘‘SEC. 213. (a) An alien excludable under section

18 212(a)(4) may, if otherwise admissible, be admitted in the

19 discretion of the Attorney General upon the giving of a

20 suitable and proper bond and a guarantee of financial re21 sponsibility by an individual (hereinafter in this section

22 referred to as the alien’s ‘sponsor’) who is not less than

23 21 nor more than 60 years of age, is of good moral char24 acter and sound health, has never been convicted of a fel25 ony, has never filed for bankruptcy or been adjudicated
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1 a bankrupt, and is a citizen of the United States or an

2 alien lawfully admitted for permanent residence.

3 ‘‘(b) A guarantee of financial responsibility under

4 subsection (a) shall provide (1) that the sponsor, and the

5 sponsor’s spouse if the sponsor is married, agree in the

6 case of an alien under 21 years of age, to assume legal

7 custody for the alien after the alien’s departure to the

8 United States and until the alien becomes 21 years of age,

9 in accordance with the law of the State where the sponsor

10 resides, and (2) that the sponsor agrees to furnish, during

11 the period beginning on the date of the alien’s acquiring

12 the status of an alien lawfully admitted for permanent res13 idence and ending on the date of death of the alien or

14 the sponsor, whichever period is longer, such financial sup15 port as is necessary to prevent the alien’s becoming a pub16 lic charge.

17 ‘‘(c) A guarantee of financial responsibility under

18 subsection (a) may be enforced with respect to an alien

19 by a civil suit against the alien’s sponsor by the Attorney

20 General or by any Federal or State agency that has di21 rectly or indirectly provided the alien means-tested public

22 assistance of any kind, including but not limited to medi23 cal, food, and housing assistance.

24 ‘‘(d) Civil suits under subsection (c) shall be brought

25 in the United States district court for the district in which
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1 the defendant resides and may be brought at any time on

2 or before the date that is 5 years after the date on which

3 the sponsor’s period of financial responsibility under sub4 section (b) expired.

5 ‘‘(e) The bond required of an alien’s sponsor under

6 subsection (a) shall be in favor of Federal, State, and local

7 governments of the United States and shall hold such gov8 ernments harmless against the alien’s becoming a public

9 charge. The bond shall be in such amount and for such

10 period and shall contain such conditions as the Attorney

11 General shall in the sole discretion of the Attorney General

12 determine is adequate to protect the Federal, State, and

13 local governments of the United States from the costs of

14 providing means-tested public assistance to the alien in

15 the event the alien’s sponsor fails to satisfy the sponsor’s

16 financial responsibilities under this section. The bond shall

17 terminate upon the alien’s permanent departure from the

18 United States or the death of the alien, and any sums

19 or other security held to secure performance thereof, ex20 cept to the extent forfeited for violation of the terms there21 of, shall be returned to the sponsor, or to a legal rep22 resentative.’’.

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