[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4170 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 4170
To amend the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 to provide certain benefits to noncitizens,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 15, 2023
Ms. Jayapal (for herself, Mr. Cardenas, Ms. Adams, Mr. Auchincloss, Ms.
Barragan, Mr. Beyer, Mr. Blumenauer, Ms. Bonamici, Mr. Bowman, Mr.
Carbajal, Mr. Carson, Mr. Casar, Mr. Casten, Ms. Castor of Florida, Mr.
Castro of Texas, Mrs. Cherfilus-McCormick, Ms. Chu, Ms. Clarke of New
York, Mr. Cleaver, Mr. Cohen, Mr. Connolly, Mr. Correa, Mr. Crow, Ms.
Dean of Pennsylvania, Ms. DeGette, Ms. DelBene, Mr. DeSaulnier, Mr.
Doggett, Ms. Escobar, Mr. Espaillat, Mr. Evans, Mrs. Foushee, Ms. Lois
Frankel of Florida, Mr. Gallego, Mr. Robert Garcia of California, Mr.
Garcia of Illinois, Ms. Garcia of Texas, Mr. Gomez, Mr. Grijalva, Mrs.
Hayes, Mr. Huffman, Mr. Ivey, Ms. Jacobs, Mr. Johnson of Georgia, Ms.
Kamlager-Dove, Ms. Kelly of Illinois, Mr. Khanna, Mr. Kilmer, Ms. Lee
of California, Ms. Lee of Pennsylvania, Mr. Lieu, Ms. Lofgren, Mr.
McGovern, Mr. Menendez, Ms. Meng, Ms. Moore of Wisconsin, Mr. Moulton,
Mr. Mullin, Mr. Nadler, Mrs. Napolitano, Ms. Norton, Ms. Omar, Mr.
Panetta, Mr. Payne, Mr. Peters, Ms. Pingree, Mr. Pocan, Ms. Porter, Ms.
Pressley, Mr. Quigley, Mrs. Ramirez, Mr. Raskin, Ms. Salinas, Ms.
Sanchez, Ms. Scanlon, Ms. Schakowsky, Mr. Schiff, Ms. Sewell, Mr.
Sherman, Mr. Smith of Washington, Mr. Soto, Ms. Stansbury, Mr.
Swalwell, Mr. Takano, Mr. Thanedar, Ms. Titus, Ms. Tlaib, Ms. Tokuda,
Mr. Torres of New York, Mrs. Torres of California, Mrs. Trahan, Mr.
Trone, Mr. Vargas, Mr. Veasey, Ms. Velazquez, Ms. Wasserman Schultz,
Mrs. Watson Coleman, Ms. Williams of Georgia, Ms. Wilson of Florida,
Mr. Phillips, and Mr. Pascrell) introduced the following bill; which
was referred to the Committee on Ways and Means, and in addition to the
Committees on Agriculture, Education and the Workforce, Energy and
Commerce, the Judiciary, and Financial Services, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To amend the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 to provide certain benefits to noncitizens,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lifting Immigrant Families Through
Benefits Access Restoration Act'' or the ``LIFT the BAR Act''.
SEC. 2. AVAILABILITY OF BASIC ASSISTANCE TO LAWFULLY PRESENT
NONCITIZENS.
(a) Elimination of Arbitrary Eligibility Restrictions.--Sections
402, 403, 411, 412, 421, and 422 of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612, 1613, 1621,
1622, 1631, and 1632) are repealed.
(b) Notification and Information Reporting.--Section 404 of the
Personal Responsibility and Work Opportunity Reconciliation Act of 1996
(8 U.S.C. 1614) is amended by striking ``, 402, or 403''.
(c) Qualified Noncitizens.--Title IV of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1601 et seq.)
is amended--
(1) in the header, by striking ``ALIENS'' and inserting
``NONCITIZENS'';
(2) by striking ``alien'' each place it appears and
inserting ``noncitizen'';
(3) by striking ``aliens'' each place it appears and
inserting ``noncitizens'';
(4) by striking ``alien's'' each place it appears and
inserting ``noncitizen's'';
(5) by striking ``an alien'' each place that it appears and
inserting ``a noncitizen'';
(6) by striking ``alien'' each place that it appears and
inserting ``noncitizen'';
(7) by striking ``qualified alien'' each place that it
appears and inserting ``qualified noncitizen'';
(8) by striking ``qualified aliens'' each place that it
appears and inserting ``qualified noncitizens'';
(9) by striking ``qualified alien's'' each place that it
appears and inserting ``qualified noncitizen's'';
(10) in section 402--
(A) in the header, by striking ``qualified aliens''
and inserting ``qualified noncitizens''; and
(B) in subsection (a)(2)(L), by striking
``qualified aliens'' and inserting ``qualified
noncitizens'';
(11) in section 403, in the header, by striking ``qualified
aliens'' and inserting ``qualified noncitizens'';
(12) in section 411, in the header, by striking ``qualified
aliens'' and inserting ``qualified noncitizens''; and
(13) in section 412, in the header, by striking ``qualified
aliens'' and inserting ``qualified noncitizens''.
(d) Access to Basic Services for Lawfully Residing Noncitizens.--
Section 431 of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (8 U.S.C. 1641) is amended--
(1) in subsection (b)--
(A) in the header, by striking ``Qualified Alien''
and inserting ``Qualified Noncitizen'';
(B) by striking ``alien'' and inserting
``noncitizen'';
(C) by striking ``an alien'' and inserting ``a
noncitizen''; and
(D) by striking ``benefit'' and all that follows
through the period at the end of the subsection and
inserting ``benefit, is lawfully present in the United
States.'';
(2) in subsection (c)--
(A) in the header, by striking ``Qualified Aliens''
and inserting ``Qualified Noncitizens'';
(B) by striking ``; or'' at the end of paragraph
(3) and inserting ``;'';
(C) by striking the period at the end of paragraph
(4) and inserting ``; or''; and
(D) by inserting after paragraph (4):
``(5) a noncitizen--
``(A) in a category that was treated as lawfully
present for purposes of section 1101 of the Patient
Protection and Affordable Care Act of 2010 (42 U.S.C.
18001);
``(B) who met the requirements of section
402(a)(2)(D) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C.
1612(a)(2)(D)) on or before January 1, 2021;
``(C) who is granted special immigrant juvenile
status as described by section 101(a)(27)(J) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(27)(J));
``(D) who has a pending, bona fide application for
nonimmigrant status under section 101(a)(15)(U) of the
Immigration and Nationality Act (8 U.S.C
1101(1)(15)(U));
``(E) who was granted relief under the Deferred
Action for Childhood Arrivals program; or
``(F) any other person who is not a citizen of the
United States but who resides in a State or territory
of the United States and is federally authorized to be
present in the United States.''; and
(3) by adding at the end the following new subsection:
``(d) Noncitizen.--For the purposes of this title, the term
`noncitizen' means any individual who is not a citizen of the United
States.''.
(e) Child Nutrition Programs.--Section 742 of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 (8
U.S.C. 1615) is amended--
(1) in subsection (a)--
(A) in the header by striking ``School Lunch and
Breakfast Programs'' and inserting ``Child Nutrition
Programs'';
(B) by striking ``the school lunch program'' and
inserting ``any program''; and
(C) by striking ``the school breakfast program
under section 4 of the'' and inserting ``any program
under''; and
(2) in subsection (b)(1)--
(A) by striking ``Nothing in this Act shall
prohibit or require a State to provide to an individual
who is not a citizen or a qualified alien, as defined
in section 431(b),'' and inserting ``A State shall not
deny''; and
(B) by striking ``paragraph (2)'' and inserting
``paragraph (2) on the basis of an individual's
citizenship or immigration status''.
(f) Exclusion of Medical Assistance Expenditures for Citizens of
Freely Associated States.--Section 1108(h) of the Social Security Act
(42 U.S.C. 1308(h)) is amended--
(1) by striking ``Expenditures'' and inserting:
``(1) Expenditures''; and
(2) by adding at the end the following new paragraph:
``(2) With respect to eligibility for benefits for the
designated Federal program defined in paragraph (3)(C)
(relating to the Medicaid program), paragraph (1) shall not
apply to any individual who lawfully resides in 1 of the 50
States or the District of Columbia in accordance with the
Compacts of Free Association between the Government of the
United States and the Governments of the Federated States of
Micronesia, the Republic of the Marshall Islands, and the
Republic of Palau and shall not apply, at the option of the
Governor of Puerto Rico, the Virgin Islands, Guam, the Northern
Mariana Islands, or American Samoa as communicated to the
Secretary of Health and Human Services in writing, to any
individual who lawfully resides in the respective territory in
accordance with such Compacts.''.
(g) Child Health Insurance Program.--Section 2107(e)(1) of the
Social Security Act (42 U.S.C. 1397gg(e)(1)) is amended--
(1) by striking subparagraph (O); and
(2) by redesignating subparagraphs (P), (Q), (R), (S), (T),
and (U) as subparagraphs (O), (P), (Q), (R), (S), and (T).
(h) Conforming Amendments.--
(1) Supplemental food assistance program.--The Food and
Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) is amended--
(A) in section 5--
(i) by striking subsection (i); and
(ii) by redesignating subsections (j)
through (n) as subsections (i) through (m),
respectively;
(B) in section 6--
(i) in subsection (f), by striking ``an
alien lawfully admitted for permanent'' and all
that follows through the end of the subsection
and inserting ``a noncitizen lawfully present
in the United States.''; and
(ii) in subsection (s)(2), by striking
``(m), and (n)'' and inserting ``and (m)''; and
(C) in section 11(e)(2)(B)(v)(II) by striking
``aliens'' each place it appears and inserting
``noncitizens''.
(2) Medicaid.--Section 1903(v) of the Social Security Act
(42 U.S.C. 1396b(v)) is amended--
(A) in paragraph (1), by striking ``admitted for''
and all that follows through the end of the paragraph
and inserting ``present in the United States.''; and
(B) striking paragraph (4).
(3) Housing assistance.--Section 214(a) of the Housing and
Community Development Act of 1980 (42 U.S.C. 1436a(a)) is
amended by--
(A) redesignating paragraphs (6) and (7) as
paragraphs (7) and (8), respectively; and
(B) inserting after paragraph (5):
``(6) a qualified noncitizen as defined in section 431 of
the Personal Responsibility and Work Opportunity Reconciliation
Act of 1996 (8 U.S.C. 1641);''.
(4) General rule on noncitizens' eligibility.--Section 401
of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (8 U.S.C. 1611) is amended--
(A) in the header--
(i) by striking ``qualified aliens'' and
inserting ``qualified noncitizens''; and
(ii) by striking ``aliens'' and inserting
``noncitizens''; and
(B) by striking ``alien'' each place it appears and
inserting ``noncitizen''.
(5) Assistance not treated as debt absent fraud.--Section
213A(b)(1)(A) of the Immigration and Nationality Act is amended
by striking ``benefit,'' and inserting ``benefit by fraud,''.
(i) Preserving Access to Health Care.--Section 36B(c)(1)(B) of the
Internal Revenue Code of 1986 is amended to read as follows:
``(B) Special rule for certain individuals lawfully
present in the united states.--If--
``(i) a taxpayer has a household income
which is not greater than 100 percent of an
amount equal to the poverty line for a family
of the size involved,
``(ii) the taxpayer is a non-citizen
lawfully present in the United States,
``(iii) the taxpayer is ineligible for
minimum essential coverage under section
5000A(f)(1)(A)(ii), and
``(iv) under the Medicaid eligibility
criteria for non-citizens in effect on December
26, 2020, the taxpayer would be ineligible for
such minimum essential coverage by reason of
the taxpayer's immigration status,
the taxpayer shall, for purposes of the credit under
this section, be treated as an applicable taxpayer with
a household income which is equal to 100 percent of the
poverty line for a family of the size involved.''.
(j) Federal Agency Guidance.--Not later than 180 days after the
date of the enactment of this Act, each Federal agency, as applicable,
shall issue guidance with respect to implementing the amendments made
by this Act.
(k) Effective Date.--The amendments made by this section shall take
effect on the date of enactment of this Act and shall apply to services
furnished on or after the date that is 180 days after the date on which
any guidance is issued pursuant to subsection (i).
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