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 respon-
sibility of sponsors.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Immigrant Financial
Responsibility and Sponsorship Act of 1995’’.
SEC 2. PUBLIC CHARGE DEFINED.
Section 212(a)(4) of the Immigration and Nationality
Act (8 U.S.C. 1182(a)(4)), is amended to read as follows:
‘‘(4) PUBLIC CHARGE.—Any alien who cannot
demonstrate to the consular officer at the time of
application for a visa, or to the Attorney General at
the time of application for admission or adjustment
of status, that, taking into account the alien’s age
and medical condition, he or she has assets, edu-
cation, skills, or a combination thereof that make it
very unlikely that he or she will become eligible for
means-tested public assistance of any kind (includ-
ing, but not limited to, medical care or food and
housing assistance) or will otherwise become a public
charge is excludable.’’.
SEC. 3. GUARANTEE OF FINANCIAL RESPONSIBILITY.
Section 213 of the Immigration and Nationality Act
(8 U.S.C. 1183) is amended to read as follows:
‘‘FINANCIAL RESPONSIBILITY OF SPONSORS.
‘‘SEC. 213. (a) An alien excludable under section
212(a)(4) may, if otherwise admissible, be admitted in the
discretion of the Attorney General upon the giving of a
suitable and proper bond and a guarantee of financial re-
sponsibility by an individual (hereinafter in this section
referred to as the alien’s ‘sponsor’) who is not less than
21 nor more than 60 years of age, is of good moral char-
acter and sound health, has never been convicted of a fel-
ony, has never filed for bankruptcy or been adjudicated
a bankrupt, and is a citizen of the United States or an
alien lawfully admitted for permanent residence.
‘‘(b) A guarantee of financial responsibility under
subsection (a) shall provide (1) that the sponsor, and the
sponsor’s spouse if the sponsor is married, agree in the
case of an alien under 21 years of age, to assume legal
custody for the alien after the alien’s departure to the
United States and until the alien becomes 21 years of age,
in accordance with the law of the State where the sponsor
resides, and (2) that the sponsor agrees to furnish, during
the period beginning on the date of the alien’s acquiring
the status of an alien lawfully admitted for permanent res-
idence and ending on the date of death of the alien or
the sponsor, whichever period is longer, such financial sup-
port as is necessary to prevent the alien’s becoming a pub-
lic charge.
‘‘(c) A guarantee of financial responsibility under
subsection (a) may be enforced with respect to an alien
by a civil suit against the alien’s sponsor by the Attorney
General or by any Federal or State agency that has di-
rectly or indirectly provided the alien means-tested public
assistance of any kind, including but not limited to medi-
cal, food, and housing assistance.
‘‘(d) Civil suits under subsection (c) shall be brought
in the United States district court for the district in which
the defendant resides and may be brought at any time on
or before the date that is 5 years after the date on which
the sponsor’s period of financial responsibility under sub-
section (b) expired.
‘‘(e) The bond required of an alien’s sponsor under
subsection (a) shall be in favor of Federal, State, and local
governments of the United States and shall hold such gov-
ernments harmless against the alien’s becoming a public
charge. The bond shall be in such amount and for such
period and shall contain such conditions as the Attorney
General shall in the sole discretion of the Attorney General
determine is adequate to protect the Federal, State, and
local governments of the United States from the costs of
providing means-tested public assistance to the alien in
the event the alien’s sponsor fails to satisfy the sponsor’s
financial responsibilities under this section. The bond shall
terminate upon the alien’s permanent departure from the
United States or the death of the alien, and any sums
or other security held to secure performance thereof, ex-
cept to the extent forfeited for violation of the terms there-
of, shall be returned to the sponsor, or to a legal rep-
resentative.’’.
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