[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        1631, and 1632) are repealed.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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