REQUIREMENTS FOR SPONSOR’S AFFIDAVIT OF SUPPORT.

SEC. 423. REQUIREMENTS FOR SPONSOR’S AFFIDAVIT OF SUPPORT. (a) In General.— Title II of the Immigration and Nationality Act is amended by inserting after section 213 the following new section: “requirements for sponsor’s affidavit of support “Sec. 213A. (a) Enforceability.— (1) No affidavit of support may be accepted by the Attorney General or by any consular officer to establish that an alien is not excludable as a public charge under section 212(a)(4) unless such affidavit is executed as a contract— “(A) which is legally enforceable against the sponsor by the sponsored alien, the Federal Government, and by any State (or any political subdivision of such State) which provides any 110 STAT. 2272means-tested public benefits program, but not later than 10 years after the alien last receives any such benefit; “(B) in which the sponsor agrees to financially support the alien, so that the alien will not become a public charge; and “(C) in which the sponsor agrees to submit to the jurisdiction of any Federal or State court for the purpose of actions brought under subsection (e)(2). “(2) A contract under paragraph (1) shall be enforceable with respect to benefits provided to the alien until such time as the alien achieves United States citizenship through naturalization pursuant to chapter 2 of title III. “(b) Forms.— Not later than 90 days after the date of enactment of this section, the Attorney General, in consultation with the Secretary of State and the Secretary of Health and Human Services, shall formulate an affidavit of support consistent with the provisions of this section. “(c) Remedies.— Remedies available to enforce an affidavit of support under this section include any or all of the remedies described in section 3201, 3203, 3204, or 3205 of title 28, United States Code, as well as an order for specific performance and payment of legal fees and other costs of collection, and include corresponding remedies available under State law. A Federal agency may seek to collect amounts owed under this section in accordance with the provisions of subchapter II of chapter 37 of title 31, United States Code. “(d) Notification of Change of Address.— “(1) In general.— The sponsor shall notify the Attorney General and the State in which the sponsored alien is currently resident within 30 days of any change of address of the sponsor during the period specified in subsection (a)(2). “(2) Penalty.— Any person subject to the requirement of paragraph (1) who fails to satisfy such requirement shall be subject to a civil penalty of— “(A) not less than $250 or more than $2,000, or “(B) if such failure occurs with knowledge that the alien has received any means-tested public benefit, not less than $2,000 or more than $5,000. “(e) Reimbursement of Government Expenses.— (1) (A) Upon notification that a sponsored alien has received any benefit under any means-tested public benefits program, the appropriate Federal, State, or local official shall request reimbursement by the sponsor in the amount of such assistance. “(B) The Attorney General, in consultation with the Secretary of Health and Human Services, shall prescribe such regulations as may be necessary to carry out subparagraph (A). “(2) If within 45 days after requesting reimbursement, the appropriate Federal, State, or local agency has not received a response from the sponsor indicating a willingness to commence payments, an action may be brought against the sponsor pursuant to the affidavit of support. “(3) If the sponsor fails to abide by the repayment terms established by such agency, the agency may, within 60 days of such failure, bring an action against the sponsor pursuant to the affidavit of support. 110 STAT. 2273 “(4) No cause of action may be brought under this subsection later than 10 years after the alien last received any benefit under any means-tested public benefits program. “(5) If, pursuant to the terms of this subsection, a Federal, State, or local agency requests reimbursement from the sponsor in the amount of assistance provided, or brings an action against the sponsor pursuant to the affidavit of support, the appropriate agency may appoint or hire an individual or other person to act on behalf of such agency acting under the authority of law for purposes of collecting any moneys owed. Nothing in this subsection shall preclude any appropriate Federal, State, or local agency from directly requesting reimbursement from a sponsor for the amount of assistance provided, or from bringing an action against a sponsor pursuant to an affidavit of support. “(f) Definitions.— For the purposes of this section— “(1) Sponsor.— The term ‘sponsor’ means an individual who— “(A) is a citizen or national of the United States or an alien who is lawfully admitted to the United States for permanent residence; “(B) is 18 years of age or over; “(C) is domiciled in any of the 50 States or the District of Columbia; and “(D) is the person petitioning for the admission of the alien under section 204”. (b) Clerical Amendment.— The table of contents of such Act is amended by inserting after the item relating to section 213 the following: “Sec. 213A. Requirements for sponsor’s affidavit of support.” (c) Effective Date.— Subsection (a) of section 213A of the Immigration and Nationality Act, as inserted by subsection (a) of this section, shall apply to affidavits of support executed on or after a date specified by the Attorney General, which date shall be not earlier than 60 days (and not later than 90 days) after the date the Attorney General formulates the form for such affidavits under subsection (b) of such section. (d) Benefits Not Subject to Reimbursement.— Requirements for reimbursement by a sponsor for benefits provided to a sponsored alien pursuant to an affidavit of support under section 213A of the Immigration and Nationality Act shall not apply with respect to the following: (1) Medical assistance described in section 401(b)(1)(A) or assistance described in section 411(b)(1). (2) Short-term, non-cash, in-kind emergency disaster relief. (3) Assistance or benefits under the National School Lunch Act. (4) Assistance or benefits under the Child Nutrition Act of 1966. (5) Public health assistance for immunizations (not including any assistance under title XIX of the Social Security Act) with respect to immunizable diseases and for testing and treatment of symptoms of communicable diseases whether or not such symptoms are caused by a communicable disease. (6) Payments for foster care and adoption assistance under parts B and E of title IV of the Social Security Act for a parent or a child, but only if the foster or adoptive parent 110 STAT. 2274(or parents) of such child is a qualified alien (as defined in section 431). (7) Programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter) specified by the Attorney General, in the Attorney General’s sole and unreviewable discretion after consultation with appropriate Federal agencies and departments, which (A) deliver in-kind services at the community level, including through public or private nonprofit agencies; (B) do not condition the provision of assistance, the amount of assistance provided, or the cost of assistance provided on the individual recipient’s income or resources; and (C) are necessary for the protection of life or safety. (8) Programs of student assistance under titles IV, V, IX, and X of the Higher Education Act of 1965, and titles III, VII, and VIII of the Public Health Service Act. (9) Benefits under the Head Start Act. (10) Means-tested programs under the Elementary and Secondary Education Act of 1965. (11) Benefits under the Job Training Partnership Act.