[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2038 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 2038
To amend the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 to provide certain benefits to noncitizens,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 15, 2023
Ms. Hirono (for herself, Ms. Warren, Mr. Brown, Mr. Welch, Mr. Padilla,
Mr. Markey, Mrs. Murray, Mr. Sanders, Mrs. Gillibrand, Mr. Booker, Mr.
Heinrich, and Mr. Lujan) introduced the following bill; which was read
twice and referred to the Committee on Finance
_______________________________________________________________________
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 TITLES.
This Act may be cited as the ``Lifting Immigrant Families Through
Benefits Access Restoration Act of 2023'' or the ``LIFT the BAR Act of
2023''.
SEC. 2. AVAILABILITY OF BASIC ASSISTANCE TO LAWFULLY PRESENT
NONCITIZENS.
(a) Elimination of Arbitrary Eligibility Restrictions.--
(1) In general.--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1631, and 1632) are repealed.
(2) Conforming amendments.--Title IV of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996
(8 U.S.C. 1601 et seq.) is amended--
(A) in section 401(b)(5) (8 U.S.C. 1611(b)(5)), by
striking ``the program defined in section 402(a)(3)(A)
(relating to the supplemental security income
program)'' and inserting ``the Supplemental Security
Income Program under title XVI of the Social Security
Act (42 U.S.C. 1381 et seq.)'';
(B) in section 404(a) (8 U.S.C. 1614(a)), by
striking ``, 402, or 403'';
(C) in section 413 (8 U.S.C. 1625)--
(i) by striking ``A State'' and inserting
the following:
``(a) State or Local Public Benefit Defined.--In this section, the
term `State or local public benefit'--
``(1) except as provided in paragraphs (2) and (3), means--
``(A) any grant, contract, loan, professional
license, or commercial license provided by an agency of
a State or local government or by appropriated funds of
a State or local government; and
``(B) any retirement, welfare, health, disability,
public or assisted housing, postsecondary education,
food assistance, unemployment benefit, or any other
similar benefit for which payments or assistance are
provided to an individual, household, or family
eligibility unit by an agency of a State or local
government or by appropriated funds of a State or local
government;
``(2) does not apply--
``(A) to any contract, professional license, or
commercial license for a nonimmigrant whose visa for
entry is related to such employment in the United
States, or to a citizen of a freely associated state,
if section 141 of the applicable compact of free
association approved in Public Law 99-239 or 99-658 (or
a successor provision) is in effect;
``(B) with respect to benefits for an alien who as
a work authorized nonimmigrant or as an alien lawfully
admitted for permanent residence under the Immigration
and Nationality Act qualified for such benefits and for
whom the United States under reciprocal treaty
agreements is required to pay benefits, as determined
by the Secretary of State, after consultation with the
Attorney General; or
``(C) to the issuance of a professional license to,
or the renewal of a professional license by, a foreign
national not physically present in the United States;
and
``(3) does not include any Federal public benefit.
``(b) Proof of Eligibility Requirement.--A State''; and
(ii) in subsection (b), as redesignated, by
striking ``(as defined in section 411(c))'';
(D) in section 432(d) (8 U.S.C. 1642(d)), by
striking ``(as defined in section 411(c))'' and
inserting ``(as defined in section 413(a))'';
(E) in section 435 (8 U.S.C. 1645), by striking
``(as provided under section 403)''; and
(F) in section 436 (8 U.S.C. 1646)--
(i) by striking ``the food stamp program
(as defined in section 402(a)(3)(B))'' and
inserting ``the supplemental nutrition
assistance program established under the Food
and Nutrition Act of 2008 (7 U.S.C. 2011 et
seq.)''; and
(ii) by striking ``the supplemental
security income program (as defined in section
402(a)(3)(A))'' and inserting ``the
Supplemental Security Income Program under
title XVI of the Social Security Act (42 U.S.C.
1381 et seq.)''.
(b) 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 title header, by striking ``ALIENS'' and
inserting ``NONCITIZENS'';
(2) in the header of section 401 (8 U.S.C. 1611), by
striking ``aliens who are not qualified aliens'' and inserting
``noncitizens who are not qualified noncitizens'';
(3) by striking ``qualified alien'' each place such term
appears and inserting ``qualified noncitizen'';
(4) by striking ``qualified aliens'' each place such term
appears and inserting ``qualified noncitizens'';
(5) by striking ``qualified alien's'' each place such term
appears and inserting ``qualified noncitizen's'';
(6) by striking ``an alien'' each place such term appears
and inserting ``a noncitizen'';
(7) by striking ``alien'' each place such term appears and
inserting ``noncitizen'';
(8) by striking ``aliens'' each place such term appears and
inserting ``noncitizens''; and
(9) by striking ``alien's'' each place such term appears
and inserting ``noncitizen's''.
(c) 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) by striking subsection (b) and inserting the following:
``(b) Qualified Noncitizen.--For purposes of this title, the term
`qualified noncitizen' means a noncitizen who, at the time the
noncitizen applies for, receives, or attempts to receive a Federal
public 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) in paragraph (3), by striking ``or'' at the
end;
(C) in paragraph (4), by striking the period at the
end and inserting ``; or''; and
(D) by inserting after paragraph (4) the following:
``(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) who is not described in subparagraphs (A)
through (E), is not a citizen of the United States,
resides in a State or territory of the United States,
and is authorized by Federal law to be present in the
United States.''; and
(3) by adding at the end the following:
``(d) Noncitizen.--In this title, the term `noncitizen' means any
individual who is not a citizen of the United States.''.
(d) 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), by amending paragraph (1) to read as
follows:
``(1) In general.--A State may not deny benefits under
programs established under the provisions of law described in
paragraph (2) on the basis of an individual's citizenship or
immigration status.''.
(e) 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) In general.--Expenditures''; and
(2) by adding at the end the following:
``(2) Exception.--With respect to eligibility for benefits
under a State plan approved under title XIX (other than medical
assistance described in section 401(b)(1)(A) of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996
(8 U.S.C. 1611(b)(1)(A))), paragraph (1) shall not apply to any
individual who lawfully resides in 1 of the 50 States or in 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.''.
(f) 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),
respectively.
(g) 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 (7 U.S.C. 2014)--
(i) in subsection (d)(10), by striking
``(k)'' and inserting ``(j)'';
(ii) by striking subsection (i); and
(iii) by redesignating subsections (j),
(k), (l), (m), and (n) as subsections (i), (j),
(k), (l), and (m), respectively;
(B) in section 6 (7 U.S.C. 2015)--
(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 who is lawfully
present in the United States.''; and
(ii) in subsection (s)(2), by striking
``(i), (k), (l), (m), and (n)'' and inserting
``(j), (k), (l), and (m)''; and
(C) in section 11(e)(2)(B)(v)(II) (7 U.S.C.
2020(e)(2)(B)(v)(II)) by striking ``aliens'' 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 and inserting ``present in the
United States.''; and
(B) by 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--
(A) by redesignating paragraphs (6) and (7) as
paragraphs (7) and (8), respectively; and
(B) by inserting after paragraph (5) the following:
``(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) Assistance not treated as debt absent fraud.--Section
213A of the Immigration and Nationality Act (8 U.S.C. 1183a) is
amended--
(A) in subsection (a)(3)--
(i) in subparagraph (A), by striking ``(as
provided under section 403 of the Personal
Responsibility and Work Opportunity
Reconciliation Act of 1996)''; and
(ii) in subparagraph (B), in the
undesignated matter following clause (ii), by
striking ``(as provided under section 403 of
the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996)''; and
(B) in subsection (b)(1)(A) is amended by striking
``benefit,'' and inserting ``benefit by fraud,''.
(h) 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.''.
SEC. 3. FEDERAL AGENCY GUIDANCE.
Not later than 180 days after the date of the enactment of this
Act, each Federal agency affected by any of the amendments made by this
Act shall issue guidance with respect to the implementation of such
amendments.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act--
(1) shall take effect on the date of the enactment of this
Act; and
(2) 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 section 3.
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