[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 372 Introduced in House (IH)]







                                    


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.

    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 ``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, 
        education, 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 (including, 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 responsibility 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 character and sound 
health, has never been convicted of a felony, 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 residence and ending on the date of death of the alien or 
the sponsor, whichever period is longer, such financial support as is 
necessary to prevent the alien's becoming a public 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 directly or indirectly provided the alien means-tested 
public assistance of any kind, including but not limited to medical, 
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 subsection (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 governments 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, except to the extent forfeited for 
violation of the terms thereof, shall be returned to the sponsor, or to 
a legal representative.''.
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