I 111th CONGRESS 1st Session H. R. 4026 IN THE HOUSE OF REPRESENTATIVES November 4, 2009 Mr. Space introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committee on Homeland Security, 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 provide for the withholding of United States assistance to a foreign country in an amount equal to 110 percent of the total amount of costs incurred by United States hospitals and other medical facilities for the long-term care of aliens unlawfully present in the United States from that country during the preceding fiscal year, and for other purposes.

1.

Short title

This Act may be cited as the Preventing All Your Bucks from Aiding non-Citizens is Key Act or PAYBACK Act.

2.

Withholding of foreign assistance to certain foreign countries

(a)

In general

Subject to subsection (c), of the funds appropriated under titles III through VI by an Act making appropriations for the Department of State, foreign operations, and related programs that are made available for assistance for a foreign country for a fiscal year, an amount equal to 110 percent of the total amount of costs incurred by United States hospitals and other medical facilities for the long-term care of aliens unlawfully present in the United States from that country during the preceding fiscal year shall be withheld from obligation for assistance for the central government of such country until the President submits a certification to Congress stating that such costs are fully paid. (b)

Availability of funds

Notwithstanding any other provision of law, funds withheld from obligation pursuant to subsection (a) may be made available to the head of U.S. Customs and Border Protection to be used for the protection of the border and prevention of illegal immigration. (c)

Limitation

Subsection (a) shall not include amounts that have been withheld under any other provision of law. (d)

Waiver

The President may waive the requirements set forth in subsection (a) with respect to a particular country if the President determines that it is in the national interests of the United States to do so. (e)

Sense of Congress

It is the sense of Congress that with respect to a foreign country for which the United States— (1)does not provide assistance under the provisions of law described in subsection (a) for a fiscal year, and (2)owes amounts as a result of loans, credits, or other financial obligations for the fiscal year, the President should seek to obtain from that country a reduction in such United States debt in an amount equal to 110 percent of the total amount of costs incurred by United States hospitals and other medical facilities for the long-term care of aliens unlawfully present in the United States from that country during the preceding fiscal year.(f)

Rule of construction

Nothing in this Act shall be construed to change any provision of law in effect on the date of the enactment of this Act regarding the long-term care of individuals lawfully present in the United States.