Sec. 2. Availability of basic assistance to lawfully present noncitizens

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1612 , 1613, 1621, 1622, 1631, and 1632) are repealed. Section 404 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1614 ) is amended by striking , 402, or 403 . Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1601 et seq. ) is amended— in the header, by striking and inserting Aliens ;

Noncitizens by striking alien each place it appears and inserting noncitizen ; by striking aliens each place it appears and inserting noncitizens ; by striking alien’s each place it appears and inserting noncitizen’s ; by striking an alien each place that it appears and inserting a noncitizen ; by striking alien each place that it appears and inserting noncitizen ; by striking qualified alien each place that it appears and inserting qualified noncitizen ; by striking qualified aliens each place that it appears and inserting qualified noncitizens ; by striking qualified alien’s each place that it appears and inserting qualified noncitizen’s ; in section 402— in the header, by striking and inserting Qualified Aliens ; and Qualified Noncitizens in subsection (a)(2)(L), by striking and inserting qualified aliens ; qualified noncitizens in section 403, in the header, by striking and inserting Qualified Aliens ;

Qualified Noncitizens in section 411, in the header, by striking and inserting Qualified Aliens ; and Qualified Noncitizens in section 412, in the header, by striking and inserting Qualified Aliens . Qualified Noncitizens Section 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1641 ) is amended— in subsection (b)— in the header, by striking and inserting qualified alien ; qualified noncitizen by striking qualified alien and inserting qualified noncitizen ; by striking alien and inserting noncitizen ; by striking an alien and inserting a noncitizen ; and by striking benefit and all that follows through the period at the end of the subsection and inserting benefit, is lawfully present in the United States. ; in subsection (c)— in the header, by striking and inserting qualified aliens ; qualified noncitizens by striking ; or at the end of paragraph

(3)and inserting ; ; by striking the period at the end of paragraph

(4)and inserting ; or ; and by inserting after paragraph (4): a noncitizen— 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 ); 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; 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) ); 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)); who was granted relief under the Deferred Action for Childhood Arrivals program; or any other person who is not a citizen of the United States but who resides in a State or territory of the United States and is Federally authorized to be present in the United States. ; and by adding at the end the following new subsection: For the purposes of this title, the term noncitizen means any individual who is not a citizen of the United States. . Section 742 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1615 ) is amended— in subsection (a)— in the header by striking and inserting School lunch and breakfast programs ; Child nutrition programs by striking the school lunch program and inserting any program ; and by striking the school breakfast program under section 4 of the and inserting any program under ; and in subsection (b)(1)— by striking Nothing in this Act shall prohibit or require a State to provide to an individual who is not a citizen or a qualified alien, as defined in section 431(b), and inserting A State shall not deny ; and by striking paragraph

(2)and inserting paragraph

(2)on the basis of an individual’s citizenship or immigration status . Section 1108(h) of the Social Security Act ( 42 U.S.C. 1308(h) ) is amended— by striking Expenditures and inserting: Expenditures ; and by adding at the end the following new paragraph: With respect to eligibility for benefits for the designated Federal program defined in paragraph (3)(C) (relating to the Medicaid program), paragraph

(1)shall not apply to any individual who lawfully resides in 1 of the 50 States or 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. . Section 2107(e)(1) of the Social Security Act ( 42 U.S.C. 1397gg(e)(1) ) is amended— by striking subparagraph (O); and by redesignating subparagraphs (P), (Q), (R), (S), (T), and

(U)as subparagraphs (O), (P), (Q), (R), (S), and (T). The Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ) is amended— in section 5— by striking subsection (i); and by redesignating subsections

(j)through

(n)as subsection

(i)through (m), respectively; in section 6— 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 lawfully present in the United States. ; and in subsection (s)(2), by striking (m), and

(n)and inserting and

(m); and in section 11(e)(2)(B)(v)(II) by striking aliens each place it appears and inserting noncitizens . Section 1903(v) of the Social Security Act ( 42 U.S.C. 1396b(v) ) is amended— in paragraph (1), by striking admitted for and all that follows through the end of the paragraph and inserting present in the United States. ; and striking paragraph (4). Section 214(a) of the Housing and Community Development Act of 1980 ( 42 U.S.C. 1436a(a) ) is amended by— redesignating paragraphs

(6)and

(7)as paragraphs

(7)and (8), respectively; and inserting after paragraph (5): a qualified noncitizen as defined in section 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1641 ); . Section 401 of Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1611 ) is amended— in section 401, in the header— by striking and inserting Qualified Aliens ; and Qualified Noncitizens by striking and inserting Aliens ; Noncitizens by striking qualified alien wherever it occurs and inserting qualified noncitizen ; and by striking alien wherever it occurs and inserting noncitizen . Section 213A(b)(1)(A) of the Immigration and Nationality Act is amended by striking benefit, and inserting benefit by fraud, . Section 36B(c)(1)(B) of the Internal Revenue Code of 1986 is amended to read as follows: If— 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, the taxpayer is a non-citizen lawfully present in the United States, the taxpayer is ineligible for minimum essential coverage under section 5000A(f)(1)(A)(ii), and 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. . Not later than 180 days after the date of the enactment of this Act, each Federal agency, as applicable, shall issue guidance with respect to implementing the amendments made by this Act. The amendments made by this section shall take effect on the date of enactment of this Act and 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 subsection (i).

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