Page:United States Statutes at Large Volume 110 Part 3.djvu/542

 110 STAT. 2272 PUBLIC LAW 104-193—AUG. 22, 1996 means-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 IIL "(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 pa5anents, 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.

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