CUBA Act of 2016

Summary: Correcting Unfair Benefits for Aliens Act of 2016 or the CUBA Act of 2016 This bill expresses the sense of Congress that Cuban nationals should be treated under the same immigration rules as nationals of other countries with which the United States has diplomatic relations and should not receive preferential treatment. The bill repeals P.L. 89-732, which provides for the adjustment of Cuban citizens or nationals to lawful permanent resident status in the United States. No funds, resources, or fees made available to the Department of Homeland Security, the Department of State, or to any other federal agency, including deposits into the Immigration Examinations Fee Account, may be used to implement or administer any of the policy changes set forth in the 2007 memorandum from U.S. Immigration and Customs Enforcement entitled &quot;Cuban Family Reunification Parole Program.&quot; Cuban nationals who enter the United States on or after the date of enactment of this Act shall be ineligible for refugee/parolee assistance under the Refugee Education Assistance Act of 1980. Conforming amendments are made to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 and the Immigration and Nationality Act.  The Inspector General of the Social Security Administration shall report to Congress describing methods for enforcing the loss of Supplemental Security Income eligibility by persons who are absent from the United States for at least one month.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Correcting Unfair Benefits for 
Aliens Act of 2016'' or as the ``CUBA Act of 2016''.

SEC. 2. FINDINGS; SENSE OF CONGRESS.

    (a) Findings.--Congress finds the following:
            (1) On July 1, 2015, President Obama announced that Cuba 
        and the United States would reopen their embassies and restore 
        diplomatic ties.
            (2) Diplomatic relations between the two countries were 
        formally reestablished July 20, 2015, when the United States 
        and Cuba reopened their respective embassies.
            (3) The International Business Times reported on September 
        10, 2015, that ``Texas is on pace this year to set a new record 
        for the number of Cubans trying to enter the United States 
        through the Lone Star State, with about 60 percent more 
        migrants from the island nation making the trip in 2015 
        compared to one year before.''.
            (4) The Obama Administration has reestablished relations 
        with Cuba, and that, therefore, the special treatment Cuban 
        nationals receive under the Cuban Adjustment Act, the 
        Immigration and Nationality Act, the Cuban Family Reunification 
        Program and the Wet Foot/Dry Foot policy are no longer 
        applicable and fail the ``urgent humanitarian reasons'' and 
        ``significant public benefit'' tests.
    (b) Sense of Congress.--It is the sense of Congress that Cuban 
nationals should be treated under the same immigration rules as 
nationals of other countries with which the United States has 
diplomatic relations and should not receive preferential treatment.

SEC. 3. REPEAL OF THE CUBAN ADJUSTMENT ACT.

    (a) Repeals of Relevant Statutes.--
            (1) Repeal of limitation on repeal of cuban adjustment 
        act.--Section 606 of title VI of division C of Public Law 104-
        208 is repealed.
            (2) Cuban adjustment act.--Public Law 89-732 is repealed.
    (b) Effective Date.--The repeal made by subsection (a) shall take 
effect on the date of the enactment of this Act and shall apply only to 
any alien admitted or paroled into the United States on or after the 
date of the enactment of this Act.

SEC. 4. CERTAIN ACTIVITIES RESTRICTED.

    No funds, resources, or fees made available to the Secretary of 
Homeland Security, the Secretary of State, or to any other official of 
a Federal agency, by this Act or any other Act for any fiscal year, 
including any deposits into the ``Immigration Examinations Fee 
Account'' established under section 286(m) of the Immigration and 
Nationality Act (8 U.S.C. 1356(m)), may be used to implement, 
administer, enforce, or carry out (including through the issuance of 
any regulations) any of the policy changes set forth in the memorandum 
from the Director of United States Immigration and Customs Enforcement 
entitled ``Cuban Family Reunification Parole Program'' dated November 
21, 2007 (or any substantially similar policy changes, whether set 
forth in memorandum, Executive order, regulation, directive, or by 
other action).

SEC. 5. CERTAIN CUBANS ENTRANTS INELIGIBLE FOR REFUGEE ASSISTANCE.

    (a) In General.--Title V of the Refugee Education Assistance Act of 
1980 (8 U.S.C. 1522 note) is amended--
            (1) in the heading by striking ``CUBAN AND''; and
            (2) in section 501--
                    (A) by striking ``Cuban and'' each place it 
                appears; and
                    (B) in subsection (e)--
                            (i) in paragraph (1)--
                                    (I) by striking ``Cuban/''; and
                                    (II) by striking ``Cuba or''; and
                            (ii) in paragraph (2), by striking ``Cuba 
                        or''.
    (b) Conforming Amendments.--
            (1) Personal responsibility and work opportunity 
        reconciliation act of 1996.--Title IV of the Personal 
        Responsibility and Work Opportunity Reconciliation Act of 1996 
        (8 U.S.C. 1601 et seq.) is amended by striking ``Cuban and 
        Haitian entrant'' each place it appears and inserting ``Haitian 
        entrant''.
            (2) Immigration and nationality act.--Section 245A(h)(2)(A) 
        of the Immigration and Nationality Act (8 U.S.C. 
        1255a(h)(2)(A)) is amended by striking ``Cuban and Haitian 
        entrant'' each place it appears and inserting ``Haitian 
        entrant''.
    (c) Applicability.--The amendments made by this section shall apply 
only in the case of a national of Cuba who enters the United States on 
or after the date of the enactment of this Act.

SEC. 6. REPORT.

    Not later than 90 days after the date of the enactment of this Act, 
the Inspector General of the Social Security Administration shall 
submit to Congress a report which describes the methods by which the 
requirement under section 416.215 of title 20, Code of Federal 
Regulations, is enforced.