[Congressional Record Volume 164, Number 29 (Wednesday, February 14, 2018)]
[Senate]
[Pages S1107-S1108]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1988. Ms. HIRONO submitted an amendment intended to be proposed by 
her to the bill H.R. 2579, to amend the Internal Revenue Code of 1986 
to allow the premium tax credit with respect to unsubsidized COBRA 
continuation coverage; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. ____. V NONIMMIGRANT VISAS.

       (a) Nonimmigrant Eligibility.--Subparagraph (V) of section 
     101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 
     1101(a)(15)) is amended to read as follows:
       ``(V)(i) subject to section 214(q)(1) and section 
     212(a)(4), an alien who is the beneficiary of an approved 
     petition under section 203(a) as--
       ``(I) the unmarried son or unmarried daughter of a citizen 
     of the United States;
       ``(II) the unmarried son or unmarried daughter of an alien 
     lawfully admitted for permanent residence; or
       ``(III) the married son or married daughter of a citizen of 
     the United States and who is 31 years of age or younger; or
       ``(ii) subject to section 214(q)(2), an alien who is--
       ``(I) the sibling of a citizen of the United States; or
       ``(II) the married son or married daughter of a citizen of 
     the United States and who is older than 31 years of age;''.
       (b) Employment and Period of Admission of Nonimmigrants 
     Described in Section 101(a)(15)(V).--Section 214(q) of such 
     Act (8 U.S.C. 1184(q)) is amended to read as follows:
       ``(q) Nonimmigrants Described in Section 101(a)(15)(V).--

[[Page S1108]]

       ``(1) Certain sons and daughters.--
       ``(A) Employment authorization.--The Secretary shall--
       ``(i) authorize a nonimmigrant admitted pursuant to section 
     101(a)(15)(V)(i) to engage in employment in the United States 
     during the period of such nonimmigrant's authorized 
     admission; and
       ``(ii) provide such a nonimmigrant with an `employment 
     authorized' endorsement or other appropriate document 
     signifying authorization of employment.
       ``(B) Termination of admission.--The period of authorized 
     admission for such a nonimmigrant shall terminate 30 days 
     after the date on which--
       ``(i) such nonimmigrant's application for an immigrant visa 
     pursuant to the approval of a petition under subsection (a) 
     or (c) of section 203 is denied; or
       ``(ii) such nonimmigrant's application for adjustment of 
     status under section 245 pursuant to the approval of such a 
     petition is denied.
       ``(2) Siblings and sons and daughters of citizens.--
       ``(A) Employment authorization.--The Secretary may not 
     authorize a nonimmigrant admitted pursuant to section 
     101(a)(15)(V)(ii) to engage in employment in the United 
     States.
       ``(B) Period of admission.--The period of authorized 
     admission as such a nonimmigrant may not exceed 60 days per 
     fiscal year.
       ``(C) Treatment of period of admission.--An alien admitted 
     under section 101(a)(15)(V) may not receive an allocation of 
     points pursuant to section 203(c) for residence in the United 
     States while admitted as such a nonimmigrant.''.
       (c) Public Benefits.--A noncitizen who is lawfully present 
     in the United States pursuant to section 101(a)(15)(V) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(V)) is 
     not eligible for any means-tested public benefits (as such 
     term is defined and implemented in section 403 of the 
     Personal Responsibility and Work Opportunity Reconciliation 
     Act of 1996 (8 U.S.C. 1613)). A noncitizen admitted under 
     this section--
       (1) is not entitled to the premium assistance tax credit 
     authorized under section 36B of the Internal Revenue Code of 
     1986 for his or her coverage;
       (2) shall be subject to the rules applicable to individuals 
     not lawfully present that are set forth in subsection (e) of 
     such section;
       (3) shall be subject to the rules applicable to individuals 
     not lawfully present that are set forth in section 1402(e) of 
     the Patient Protection and Affordable Care Act (42 U.S.C. 
     18071(e)); and
       (4) shall be subject to the rules applicable to individuals 
     not lawfully present set forth in section 5000A(d)(3) of the 
     Internal Revenue Code of 1986.
       (d) Effective Date.--The amendments made by this section 
     shall take effect on the first day of the first fiscal year 
     beginning after the date of the enactment of this Act.
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