H. R. 2491—822
under such part, but only if the foster or adoptive parent
or parents of such child are not described under subsection
(a).
(G) Programs, services, or assistance (such as soup
kitchens, crisis counseling and intervention, and short-term
shelter) specified by the Attorney General, in the Attorney
General’s sole and unreviewable discretion after consulta-
tion with appropriate Federal agencies and departments,
which (i) deliver in-kind services at the community level,
including through public or private nonprofit agencies; (ii)
do not condition the provision of assistance, the amount
of assistance provided, or the cost of assistance provided
on the individual recipient’s income or resources; and (iii)
are necessary for the protection of life or safety.
(H) Programs of student assistance under titles IV,
V, IX, and X of the Higher Education Act of 1965.
(I) Means-tested programs under the Elementary and
Secondary Education Act of 1965.
CHAPTER 2—ATTRIBUTION OF INCOME AND
AFFIDAVITS OF SUPPORT
SEC. 12421. ATTRIBUTION OF SPONSOR’S INCOME AND RESOURCES
TO ALIEN.
(a) IN GENERAL.—Notwithstanding any other provision of law
and except as provided in subsection (c), in determining the eligi-
bility and the amount of benefits of an alien for any means-tested
public benefits program (as defined in subsection (e)) the income
and resources of the alien shall be deemed to include the following:
(1) The income and resources of any person who executed
an affidavit of support pursuant to section 213A of the Immigra-
tion and Nationality Act (as added by section 12422) on behalf
of such alien.
(2) The income and resources of the spouse (if any) of
the person.
(b) APPLICATION.—Subsection (a) shall apply with respect to
an alien until such time as the alien achieves United States citizen-
ship through naturalization pursuant to chapter 2 of title III of
the Immigration and Nationality Act.
(c) EXCEPTIONS.—Subsection (a) shall not apply with respect
to the following Federal public benefits:
(1) Emergency medical services under title XIX or XXI
of the Social Security Act.
(2) Short-term, non-cash, in-kind emergency disaster relief.
(3) Assistance or benefits under the National School Lunch
Act.
(4) Assistance or benefits under the Child Nutrition Act
of 1966.
(5)(A) Public health assistance for immunizations.
(B) Public health assistance for testing and treatment of
a serious communicable disease if the Secretary of Health and
Human Services determines that it is necessary to prevent
the spread of such disease.
(6) Payments for foster care and adoption assistance under
part B of title IV of the Social Security Act for a child who
would, in the absence of subsection (a), be eligible to have
such payments made on the child’s behalf under such part,
H. R. 2491—823
but only if the foster or adoptive parent or parents of such
child are not described under subsection (a).
(7) Programs, services, or assistance (such as soup kitchens,
crisis counseling and intervention, and short-term shelter)
specified by the Attorney General, in the Attorney General’s
sole and unreviewable discretion after consultation with appro-
priate Federal agencies and departments, which (A) deliver
in-kind services at the community level, including through pub-
lic or private nonprofit agencies; (B) do not condition the provi-
sion of assistance, the amount of assistance provided, or the
cost of assistance provided on the individual recipient’s income
or resources; and (C) are necessary for the protection of life
or safety.
(8) Programs of student assistance under titles IV, V, IX,
and X of the Higher Education Act of 1965.
(d) REVIEW
OF
INCOME
AND
RESOURCES
OF
ALIEN
UPON
REAPPLICATION.—Whenever an alien is required to reapply for bene-
fits under any means-tested public benefits program, the applicable
agency shall review the income and resources attributed to the
alien under subsection (a).
(e) MEANS-TESTED PUBLIC BENEFITS PROGRAM DEFINED.—The
term ‘‘means-tested public benefits program’’ means a program of
Federal public benefits providing direct spending (including cash,
medical, housing, and food assistance and social services) by the
Federal government in which the eligibility of an individual, house-
hold, or family eligibility unit for benefits, or the amount of such
benefits, or both are determined on the basis of income, resources,
or financial need of the individual, household, or unit.
(f) APPLICATION.—
(1) If on the date of the enactment of this Act, a means-
tested public benefits program attributes a sponsor’s income
and resources to an alien in determining the alien’s eligibility
and the amount of benefits for an alien, this section shall
apply to any such determination beginning on the day after
the date of the enactment of this Act.
(2) If on the date of the enactment of this Act, a means-
tested public benefits program does not attribute a sponsor’s
income and resources to an alien in determining the alien’s
eligibility and the amount of benefits for an alien, this section
shall apply to any such determination beginning 180 days after
the date of the enactment of this Act.
SEC. 12422. REQUIREMENTS FOR SPONSOR’S AFFIDAVIT OF SUPPORT.
(a) IN GENERAL.—Title II of the Immigration and Nationality
Act is amended by inserting after section 213 the following new
section:
‘‘REQUIREMENTS FOR SPONSOR’S AFFIDAVIT OF SUPPORT
‘‘SEC. 213A. (a) ENFORCEABILITY.—(1) No affidavit of support
may be accepted by the Attorney General or by any consular officer
to establish that an alien is not excludable as a public charge
under section 212(a)(4) unless such affidavit is executed as a con-
tract—
‘‘(A) which is legally enforceable against the sponsor by
the sponsored alien, the Federal Government, and by any State
(or any political subdivision of such State) which provides any
H. R. 2491—824
means-tested public benefits program, but not later than 10
years after the alien last receives any such benefit;
‘‘(B) in which the sponsor agrees to financially support
the alien, so that the alien will not become a public charge;
and
‘‘(C) in which the sponsor agrees to submit to the jurisdic-
tion of any Federal or State court for the purpose of actions
brought under subsection (e)(2).
‘‘(2) A contract under paragraph (1) shall be enforceable with
respect to benefits provided to the alien until such time as the
alien achieves United States citizenship through naturalization
pursuant to chapter 2 of title III.
‘‘(b) FORMS.—Not later than 90 days after the date of enactment
of this section, the Attorney General, in consultation with the
Secretary of State and the Secretary of Health and Human Services,
shall formulate an affidavit of support consistent with the provisions
of this section.
‘‘(c) REMEDIES.—Remedies available to enforce an affidavit of
support under this section include any or all of the remedies
described in section 3201, 3203, 3204, or 3205 of title 28, United
States Code, as well as an order for specific performance and
payment of legal fees and other costs of collection, and include
corresponding remedies available under State law. A Federal agency
may seek to collect amounts owed under this section in accordance
with the provisions of subchapter II of chapter 37 of title 31,
United States Code.
‘‘(d) NOTIFICATION OF CHANGE OF ADDRESS.—
‘‘(1) IN GENERAL.—The sponsor shall notify the Attorney
General and the State in which the sponsored alien is currently
a resident within 30 days of any change of address of the
sponsor during the period specified in subsection (a)(2).
‘‘(2) PENALTY.—Any person subject to the requirement of
paragraph (1) who fails to satisfy such requirement shall be
subject to a civil penalty of—
‘‘(A) not less than $250 or more than $2,000, or
‘‘(B) if such failure occurs with knowledge that the
alien has received any means-tested public benefit, not
less than $2,000 or more than $5,000.
‘‘(e) REIMBURSEMENT OF GOVERNMENT EXPENSES.—(1)(A) Upon
notification that a sponsored alien has received any benefit under
any means-tested public benefits program, the appropriate Federal,
State, or local official shall request reimbursement by the sponsor
in the amount of such assistance.
‘‘(B) The Attorney General, in consultation with the Secretary
of Health and Human Services, shall prescribe such regulations
as may be necessary to carry out subparagraph (A).
‘‘(2) If within 45 days after requesting reimbursement, the
appropriate Federal, State, or local agency has not received a
response from the sponsor indicating a willingness to commence
payments, an action may be brought against the sponsor pursuant
to the affidavit of support.
‘‘(3) If the sponsor fails to abide by the repayment terms estab-
lished by such agency, the agency may, within 60 days of such
failure, bring an action against the sponsor pursuant to the affidavit
of support.
H. R. 2491—825
‘‘(4) No cause of action may be brought under this subsection
later than 10 years after the alien last received any benefit under
any means-tested public benefits program.
‘‘(5) If, pursuant to the terms of this subsection, a Federal,
State, or local agency requests reimbursement from the sponsor
in the amount of assistance provided, or brings an action against
the sponsor pursuant to the affidavit of support, the appropriate
agency may appoint or hire an individual or other person to act
on behalf of such agency acting under the authority of law for
purposes of collecting any moneys owed. Nothing in this subsection
shall preclude any appropriate Federal, State, or local agency from
directly requesting reimbursement from a sponsor for the amount
of assistance provided, or from bringing an action against a sponsor
pursuant to an affidavit of support.
‘‘(f) DEFINITIONS.—For the purposes of this section—
‘‘(1) SPONSOR.—The term ‘sponsor’ means an individual
who—
‘‘(A) is a citizen or national of the United States or
an alien who is lawfully admitted to the United States
for permanent residence;
‘‘(B) is 18 years of age or over;
‘‘(C) is domiciled in any State; and
‘‘(D) is the person petitioning for the admission of
the alien under section 204.
‘‘(2) MEANS-TESTED PUBLIC BENEFITS PROGRAM DEFINED.—
The term ‘means-tested public benefits program’ means a pro-
gram of Federal public benefits providing direct spending
(including cash, medical, housing, and food assistance and social
services) by the Federal Government in which the eligibility
of an individual, household, or family eligibility unit for bene-
fits, or the amount of such benefits, or both are determined
on the basis of income, resources, or financial need of the
individual, household, or unit.’’.
(b) CLERICAL AMENDMENT.—The table of contents of such Act
is amended by inserting after the item relating to section 213
the following:
‘‘Sec. 213A. Requirements for sponsor’s affidavit of support.’’.
(c) EFFECTIVE DATE.—Subsection (a) of section 213A of the
Immigration and Nationality Act, as inserted by subsection (a)
of this section, shall apply to affidavits of support executed on
or after a date specified by the Attorney General, which date
shall be not earlier than 60 days (and not later than 90 days)
after the date the Attorney General formulates the form for such
affidavits under subsection (b) of such section.
(d) BENEFITS NOT SUBJECT TO REIMBURSEMENT.—Requirements
for reimbursement by a sponsor for benefits provided to a sponsored
alien pursuant to an affidavit of support under section 213A of
the Immigration and Nationality Act shall not apply with respect
to the following:
(1) Emergency medical services under title XIX or XXI
of the Social Security Act.
(2) Short-term, non-cash, in-kind emergency disaster relief.
(3) Assistance or benefits under the National School Lunch
Act.