I

104TH CONGRESS

1ST SESSION H. R. 2162

To restore immigration to traditional levels by curtailing illegal immigration

and imposing a ceiling on legal immigration.

IN THE HOUSE OF REPRESENTATIVES

AUGUST 2, 1995

Mr. ARCHER introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Ways and

Means, Commerce, Agriculture, and Government Reform and Oversight,

for a period to be subsequently determined by the Speaker, in each case

for consideration of such provisions as fall within the jurisdiction of the

committee concerned

A BILL

To restore immigration to traditional levels by curtailing

illegal immigration and imposing a ceiling on legal immigration.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Immigration Reduction

5 Act of 1995’’.

6 SEC. 2. TABLE OF CONTENTS.

7 The table of contents is as follows:

Sec. 1. Short title.
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Sec. 2. Table of contents.

Sec. 3. Effective date.

TITLE I—IMMIGRANTS AND REFUGEES

Sec. 101. Immigration levels.

Sec. 102. Refugee reform.

Sec. 103. Asylum reform.

Sec. 104. Temporary protected status repealed.

Sec. 105. Parole authority.

TITLE II—BORDER CONTROL

Sec. 201. Border patrol personnel.

Sec. 202. Border crossing fees.

TITLE III—INTERIOR ENFORCEMENT

Sec. 301. Investigative personnel.

Sec. 302. Common-law searches restored.

Sec. 303. Detention facilities.

Sec. 304. Jurisdiction over immigration cases.

Sec. 305. Aliens in deportation.

Sec. 306. Immigration penalties and confiscations.

Sec. 307. Communications.

Sec. 308. Voluntary departure.

TITLE IV—DOCUMENT REFORM

Sec. 401. Secure work eligibility documents.

Sec. 402. Electronic verification.

Sec. 403. Uniform vital statistics.

Sec. 404. Employment authorization.

TITLE V—STATE AND LOCAL RESPONSIBILITIES

Sec. 501. Local cooperation.

Sec. 502. Notification of alien arrest.

Sec. 503. Immigration-related communications.

Sec. 504. Law enforcement assistance.

TITLE VI—RESTRICTING WELFARE AND PUBLIC BENEFITS FOR

ALIENS

Sec. 600. Statements of national policy concerning welfare and immigration.

Subtitle A—Eligibility for Federal Benefits Programs

Sec. 601. Ineligibility of illegal aliens for certain public benefits programs.

Sec. 602. Ineligibility of nonimmigrants for certain public benefits programs.

Sec. 603. Limited eligibility of immigrants for 5 specified Federal public benefits programs.

Sec. 604. Notification.

Subtitle B—Eligibility for State and Local Public Benefits Programs

Sec. 611. Ineligibility of illegal aliens for State and local public benefits programs.
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Sec. 612. Ineligibility of nonimmigrants for State and local public benefits programs.

Sec. 613. State authority to limit eligibility of immigrants for State and local

means-tested public benefits programs.

Subtitle C—Attribution of Income and Affidavits of Support

Sec. 621. Attribution of sponsor’s income and resources to family-sponsored immigrants.

Sec. 622. Requirements for sponsor’s affidavit of support.

Subtitle D—General Provisions

Sec. 631. Definitions.

Sec. 632. Construction.

Subtitle E—Conforming Amendments

Sec. 641. Conforming amendments relating to assisted housing.

Subtitle F—Exclusion of Aliens Likely to Become Public Charges

Sec. 651. Exclusion of aliens likely to become public charges.

TITLE VII—STRENGTHENING CITIZENSHIP

Sec. 701. Constitutional citizenship.

Sec. 702. Constitutional voting privilege.

Sec. 703. Naturalization.

Sec. 704. Legal actions by State and local governments.

TITLE VIII—IMMIGRATION AND NATURALIZATION SERVICE

Sec. 801. Establishment of independent agency.

Sec. 802. Conforming amendments.

1 SEC. 3. EFFECTIVE DATE.

2 Except where otherwise specifically provided, the pro3 visions of this Act are effective October 1, 1996.

4 TITLE I—IMMIGRANTS AND

5 REFUGEES

6 SEC. 101. IMMIGRATION LEVELS.

7 (a) Section 201 of the Immigration and Nationality

8 Act (8 U.S.C. 1151) is amended by—
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1 (1) inserting ‘‘backlogged’’ before ‘‘family-spon2 sored immigrants’’ and inserting ‘‘and’’ after ‘‘fiscal

3 year;’’ in subsection (a)(1);

4 (2) striking ‘‘employment-based’’ in subsection

5 (a)(2) and inserting ‘‘priority-worker’’;

6 (3) striking ‘‘year; and’’ in subsection (a)(2)

7 and inserting ‘‘year.’’;

8 (4) striking subsection (a)(3);

9 (5) amending subsection (c) to read as follows:

10 ‘‘(c) WORLDWIDE LEVEL OF BACKLOGGED FAMILY11 SPONSORED IMMIGRANTS.—The worldwide level of back12 logged family-sponsored immigrants under this subsection

13 for a fiscal year is equal to—

14 ‘‘(1) 320,000, minus

15 ‘‘(2) the sum of—

16 ‘‘(A) the number of immediate relatives de17 scribed in section 201(b)(2) and priority work18 ers described in section 203(b) who were issued

19 immigrant visas or who otherwise acquired the

20 status of aliens lawfully admitted to the United

21 States for permanent residence in the previous

22 fiscal year, and

23 ‘‘(B) the number of refugees admitted

24 under section 207 in the preceding fiscal year.’’;

25 (6) amending subsection (d) to read as follows:
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1 ‘‘(d) The worldwide level of priority-worker immi2 grants under this subsection for a fiscal year is 25,000.’’;

3 and

4 (7) striking subsection (e).

5 (b) Section 203 of the Immigration and Nationality

6 Act (8 U.S.C. 1153) is amended by—

7 (1) inserting ‘‘BACKLOGGED’’ before ‘‘FAMILY8 SPONSORED’’ and ‘‘backlogged’’ before ‘‘family-spon9 sored’’ in subsection (a);

10 (2) striking ‘‘23,400’’ in subsection (a)(1) and

11 inserting ‘‘10 percent of such worldwide level’’;

12 (3) striking ‘‘114,200, plus the number (if any)

13 by which such worldwide level exceeds 226,000’’ in

14 subsection (a)(2) and inserting ‘‘51 percent of such

15 worldwide level’’;

16 (4) striking ‘‘23,400’’ in subsection (a)(3) and

17 inserting ‘‘10 percent of such worldwide level’’;

18 (5) striking ‘‘65,000’’ in subsection (a)(4) and

19 inserting ‘‘29 percent of such worldwide level’’;

20 (6) amending subsection (b) to read as follows:

21 ‘‘(b) ALLOCATION FOR PRIORITY-WORKER IMMI22 GRANTS.—Visas shall be made available in a number not

23 to exceed the worldwide level of priority-worker immi24 grants to qualified immigrants who are aliens described

25 in any of the following paragraphs (1) through (4):
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1 ‘‘(1) ALIENS WITH EXTRAORDINARY ABILITY.—

2 An alien is described in this paragraph if—

3 ‘‘(A) the alien has extraordinary ability in

4 the sciences, arts, education, business, or ath5 letics which has been demonstrated by sus6 tained national or international acclaim and

7 whose achievements have been recognized in the

8 field through extensive documentation,

9 ‘‘(B) the alien seeks to enter the United

10 States to continue work in the area of extraor11 dinary ability, and

12 ‘‘(C) the alien’s entry into the United

13 States will substantially benefit prospectively

14 the United States.

15 ‘‘(2) OUTSTANDING PROFESSORS AND RE16 SEARCHERS.—An alien is described in this para17 graph if—

18 ‘‘(A) the alien is recognized internationally

19 as outstanding in a specific academic area,

20 ‘‘(B) the alien has at least 3 years of expe21 rience in teaching or research in the academic

22 area, and

23 ‘‘(C) the alien seeks to enter the United

24 States—
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1 ‘‘(i) for a tenured position (or tenure2 track position) within a university or insti3 tution of higher education to teach in the

4 academic area,

5 ‘‘(ii) for a comparable position with a

6 university or institution of higher edu7 cation to conduct research in the area, or

8 ‘‘(iii) for a comparable position to

9 conduct research in the area with a depart10 ment, division, or institute of a private em11 ployer, if the department, division, or insti12 tute employs at least 3 persons full-time in

13 research activities and has achieved docu14 mented accomplishments in an academic

15 field.

16 ‘‘(3) CERTAIN MULTINATIONAL EXECUTIVES

17 AND MANAGERS.—An alien is described in this para18 graph if the alien, in the 3 years preceding the time

19 of the alien’s application for classification and ad20 mission into the United States under this paragraph,

21 has been employed for at least 1 year by a firm or

22 corporation or other legal entity or an affiliate or

23 subsidiary thereof and the alien seeks to enter the

24 United States in order to continue to render services
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1 to the same employer or to a subsidiary or affiliate

2 thereof in a capacity that is managerial or executive.

3 ‘‘(4) EMPLOYER-SPONSORED WORKERS WITH

4 ADVANCED DEGREES OR EXCEPTIONAL ABILITY.—

5 An alien is described in this paragraph if—

6 ‘‘(A) the alien holds an advanced degree or

7 possesses exceptional ability,

8 ‘‘(B) the alien’s services in the sciences,

9 the arts, a profession, or a business are sought

10 by an employer in the United States, and

11 ‘‘(C) such services will substantially benefit

12 prospectively the national economy.’’;

13 (7) amending subsection (c) to read as follows:

14 ‘‘(c) DISTRIBUTION OF VISAS.—Visas shall be made

15 available to priority-worker immigrants in the order in

16 which a petition on behalf of each such immigrant is filed

17 with the Attorney General, and waiting lists of applicants

18 for visas shall be maintained in accordance with regula19 tions prescribed by the Secretary of State.’’;

20 (8) striking ‘‘(a), (b), or (c)’’ in subsections (d),

21 (f), and (g) and inserting ‘‘(a) or (b)’’; and

22 (9) amending subsection (e) to read as follows:

23 ‘‘(e) VISA CUT-OFF FOR FAMILY SPONSORED IMMI24 GRANTS.—No visas shall be allotted to any alien subject

25 to the worldwide level for backlogged family immigrants
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1 unless a petition on that alien’s behalf for classification

2 by reason of a relation described in any paragraph of sub3 section (a) was approved prior to October 1, 1996.’’.

4 (c) Section 204 of the Immigration and Nationality

5 Act (8 U.S.C. 1154) is amended—

6 (1) in subsection (a)(1)(A) by striking ‘‘the

7 classification by reason of a relationship described in

8 paragraph (1), (3), or (4) of section 203(a) or’’;

9 (2) by striking subparagraphs (B), (C), (D),

10 (E), (F), and (G) in subsection (a)(1) and inserting:

11 ‘‘(B) any alien desiring to be classified

12 under section 203(b)(1), or any person on be13 half of such an alien, may file a petition with

14 the Attorney General for such classification,

15 and

16 ‘‘(C) any employer desiring and intending

17 to employ within the United States an alien en18 titled to classification under section 203(b)(2),

19 203(b)(3), or 203(b)(4) may file a petition with

20 the Attorney General for such classification.’’;

21 (3) striking ‘‘203(b)(2) or 203(b)(3)’’ in sub22 section (b) and inserting ‘‘203(b)(4)’’;

23 (4) striking in subsection (e) ‘‘subsection (a),

24 (b), or (c) of’’;
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1 (5) striking in subsection (f)(1) ‘‘, 203(a)(1), or

2 203(a)(3), as appropriate’’; and

3 (6) adding after subsection (g) the following:

4 ‘‘(h) Notwithstanding any other provision of this sec5 tion, the Attorney General shall not approve after Septem6 ber 30, 1996, any petitions for classification by reason of

7 a relationship described in any paragraph of section

8 203(a).’’.

9 (d) Section 214(g)(1)(A) of the Immigration and Na10 tionality Act (8 U.S.C. 1184(g)(1)(A)) is amended by

11 striking ‘‘65,000’’ and inserting ‘‘30,000’’.

12 SEC. 102. REFUGEE REFORM.

13 Section 207 of the Immigration and Nationality Act

14 (8 U.S.C. 1157) is amended by—

15 (1) striking subsection (a) and inserting:

16 ‘‘(a) Except as provided in subsection (b), the number

17 of refugees who may be admitted under this section in any

18 fiscal year may not exceed 50,000. Admissions under this

19 subsection shall be allocated by the President among refu20 gees of special humanitarian concern to the United

21 States.’’;

22 (2) adding after subsection (e) the following:

23 ‘‘(f) No person shall receive any preference or priority

24 or be discriminated against in the determination of refu-
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1 gee status or in the admission of refugees because of the

2 person’s race, sex, religion, or nationality.’’; and

3 (3) Notwithstanding the limitation under sec4 tion 207(a) of the Immigration and Nationality Act,

5 such limitation shall not apply to refugee admissions

6 under Public Law 89–732.

7 SEC. 103. ASYLUM REFORM.

8 (a) Section 208 of the Immigration and Nationality

9 Act (8 U.S.C. 1158) is amended by—

10 (1) striking ‘‘irrespective of such alien’s sta11 tus,’’ from subsection (a) and inserting ‘‘who is not

12 excludable or deportable’’;

13 (2) striking ‘‘is a refugee within the meaning of

14 section 101(a)(42)(A)’’ and inserting ‘‘departed the

15 country of his nationality or the country in which he

16 last habitually resided and is unable or unwilling to

17 return because it is more likely than not that his life

18 or freedom will be threatened in that country based

19 upon his race, religion, nationality, or political opin20 ion’’; and

21 (3) adding after subsection (d) the following:

22 ‘‘(e) No person shall receive any preference or prior23 ity or be discriminated against in the granting or termi24 nation of asylum because of the person’s race, sex, reli25 gion, or nationality.
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1 ‘‘(f)(1) Subject to paragraph (2), an alien’s applica2 tion for asylum shall not be considered under this section

3 unless—

4 ‘‘(A) the alien has filed, not later than 30 days

5 after being admitted or coming to the United States,

6 notice of intention to file such an application, and

7 ‘‘(B) such application is actually filed not later

8 than 60 days after being admitted or coming to the

9 United States.

10 ‘‘(2) An application for asylum may be considered,

11 notwithstanding that the requirements of paragraph (1)

12 have not been met, only if the alien demonstrates by clear

13 and convincing evidence changed circumstances in the

14 alien’s country of nationality (or in the case of an alien

15 with no nationality, in the country where the alien has

16 habitually resided) affecting eligibility for asylum.’’.

17 (b) Section 243(h) of the Immigration and National18 ity Act (8 U.S.C. 1253(h)) is amended by adding at the

19 end the following new paragraph:

20 ‘‘(3) Paragraph (1) shall not apply to any pro21 ceeding that did not commence with the alien’s vol22 untary presentment of himself for inspection, exclu23 sion, or deportation unless the threat to such alien’s

24 life or freedom arose subsequent to the commence25 ment of such proceeding.’’.
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1 SEC. 104. REPEAL OF TEMPORARY PROTECTED STATUS.

2 (a) Section 244A of the Immigration and Nationality

3 Act (8 U.S.C. 1254a) is repealed.

4 (b) An alien in the United States under temporary

5 protected status on the date of enactment of this Act may

6 continue such status until the earlier of—

7 (1) the date on which such status is withdrawn

8 or terminated by the Attorney General, or

9 (2) the date which is 180 days after the date

10 of the enactment of this Act.

11 (c) Section 244 of the Immigration and Nationality

12 Act (8 U.S.C. 1254) is amended by adding at the end the

13 following new subsection:

14 ‘‘(g) Except as specifically provided in this Act, the

15 Attorney General may not authorize any alien who is ex16 cludable or deportable to remain in the United States or

17 to engage in employment in the United States.’’.

18 SEC. 105. PAROLE AUTHORITY.

19 Section 212(d)(5) of the Immigration and Nationality

20 Act (8 U.S.C. 1182) is amended by adding at the end the

21 following:

22 ‘‘(C) The Attorney General may not parole

23 groups or classes of aliens into the United

24 States. No alien shall be paroled into the

25 United States except on the basis of the alien’s

26 individual circumstances.
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1 ‘‘(D) An alien who is paroled into the

2 United States may not be authorized to work in

3 the United States during the period of the

4 alien’s parole.

5 ‘‘(E) The Attorney General shall maintain

6 a record of parolees. The number of aliens pa7 roled into the United States by the Attorney

8 General, excluding those released temporarily

9 from custody while active proceedings are pend10 ing against them under this Act, shall not at

11 any time exceed 5,000.’’.

12 TITLE II—BORDER CONTROL

13 SEC. 201. BORDER PATROL PERSONNEL.

14 (a) The number of full-time officer positions in the

15 border patrol of the Immigration and Naturalization Serv16 ice shall be increased to 5,900 in fiscal year 1997, 6,900

17 in fiscal year 1998, 7,900 in fiscal year 1999, 8,900 in

18 fiscal year 2000, and 9,900 in fiscal year 2001.

19 (b) There is authorized to be appropriated for each

20 of the fiscal years 1997, 1998, 1999, 2000, and 2001 such

21 amounts as may be necessary to provide for the increase

22 in positions provided by subsection (a) and for such sup23 port personnel as are necessary.
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1 SEC. 202. BORDER CROSSING FEES.

2 Section 286 of the Immigration and Nationality Act

3 (8 U.S.C. 1356) is amended by adding at the end the fol4 lowing new subsection:

5 ‘‘(s) LAND BORDER AND PORT OF ENTRY USER FEE

6 ACCOUNT.—

7 ‘‘(1) The Attorney General, after consultation

8 with the Secretary of State, shall impose at the time

9 of a person’s entry into the United States by land

10 or by sea a fee of $1 for the person’s use of border

11 or port facilities and services of the Immigration and

12 Naturalization Service.

13 ‘‘(2) The Attorney General may—

14 ‘‘(A) adjust the border crossing user fee

15 periodically to compensate for inflation and

16 other escalation in the cost of carrying out the

17 purposes of this Act; and

18 ‘‘(B) develop and implement special dis19 counted fee programs for frequent border cross20 ers including, but not limited to, commuter cou21 pon books or passes.

22 ‘‘(3) The fees collected under paragraph (1)

23 shall be deposited as offsetting receipts into a sepa24 rate account entitled the ‘Border Crossing Fee Ac25 count’ in the Treasury of the United States. In each

26 calendar quarter the Secretary of the Treasury shall
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1 refund out of the Border Crossing Fee Account to

2 any appropriation the amount paid out of such ap3 propriation during the preceding calendar quarter

4 for expenses incurred by the Attorney General on

5 (1) measures, personnel, structures, and devices to

6 deter and prevent illegal entry of persons and con7 traband into the United States by land or by sea,

8 and to return excludable aliens and (2) construction,

9 maintenance, and operation of facilities to expedite

10 lawful border traffic.’’.

11 TITLE III—INTERIOR

12 ENFORCEMENT

13 SEC. 301. INVESTIGATIVE PERSONNEL.

14 (a) The number of full-time investigator positions in

15 the Immigration and Naturalization Service shall be in16 creased above the number of such positions authorized as

17 of October 31, 1996 by 500 in fiscal year 1997, by 1,000

18 in fiscal year 1998, by 1,500 in fiscal year 1999, by 2,000

19 in fiscal year 2000, and by 2,500 in fiscal year 2001.

20 (b) There is authorized to be appropriated for each

21 of the fiscal years 1997, 1998, 1999, 2000, and 2001 such

22 amounts as may be necessary to provide for the increase

23 in positions provided by subsection (a) and for such sup24 port personnel as are necessary.
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1 SEC. 302. COMMON-LAW SEARCHES RESTORED.

2 Section 287 of the Immigration and Nationality Act

3 is amended by striking subsection (e) and redesignating

4 subsection (f) as subsection (e).

5 SEC. 303. DETENTION FACILITIES.

6 Not later than January 1, 1996, the Secretary of De7 fense shall provide to the Attorney General a list of all

8 military bases and installations within the United States

9 which contain facilities that are (1) suitable for the deten10 tion of aliens by the Attorney General and (2) are closed,

11 are scheduled to be closed, or otherwise are not being uti12 lized for defense-related purposes and shall notify the At13 torney General of any subsequent deletions from or addi14 tions to such list. Upon the request of the Attorney Gen15 eral, the Secretary of Defense shall make available to the

16 Attorney General such facilities as the Attorney General

17 shall identify from the list as needed for the detention of

18 aliens and shall render to the Attorney General such as19 sistance as the Attorney General may require to take pos20 session of and operate such facilities.

21 SEC. 304. JURISDICTION OVER IMMIGRATION CASES.

22 Section 1295(a) of title 28, United States Code, is

23 amended—

24 (1) by striking ‘‘and’’ at the end of paragraph

25 (13);
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1 (2) by striking the period at the end of para2 graph (14) and inserting ‘‘; and’’; and

3 (3) by inserting after paragraph (14) the fol4 lowing:

5 ‘‘(15) of an appeal from a final decision of a

6 district court of the United States of any case aris7 ing under the Immigration and Nationality Act.’’.

8 SEC. 305. ALIENS IN DEPORTATION.

9 (a) PENALTY FOR UNLAWFUL PRESENCE.—The Im10 migration and Nationality Act is amended by adding after

11 section 276 the following new section:

12 ‘‘SEC. 276A. An alien whose presence in the United

13 States is in violation of any provision of this Act when

14 proceedings to deport the alien commence shall be subject

15 to a civil penalty when a final order of deportation is made

16 against the alien. The amount of the penalty shall be the

17 greater of (1) the actual cost of deporting the alien, or

18 (2) the estimate by the Commissioner of the average cost

19 of deporting an alien that was last published in the Fed20 eral Register prior to the making of the final order of de21 portation. During each fiscal year the Commissioner shall

22 cause to be published in the Federal Register an estimate

23 of the average cost of deporting an alien during the pre24 ceding fiscal year. For purposes of this section, the cost

25 of deporting an alien includes all direct and indirect costs
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1 of detection, apprehension, detention, processing, and

2 transportation.’’.

3 (b) SEIZURE OF CERTAIN PROPERTY.—The Immi4 gration and Nationality Act is amended by adding after

5 section 242B:

6 ‘‘SEC. 242C. (a) If the Attorney General determines

7 that an alien, found to be deportable, has at any time en8 gaged in unauthorized employment or in any commercial

9 enterprise during any period of unlawful presence in the

10 United States or has received any Federal financial benefit

11 to which such alien was not entitled, then all property real

12 or personal, of the alien in the United States, wherever

13 situated, shall be seized and subject to forfeiture, except

14 that, in cases where such seizure and forfeiture would re15 sult in severe financial hardship of the alien or of any

16 United States citizen or permanent resident alien that is

17 the spouse, minor child, or parent of the alien, the Attor18 ney General, the sole discretion of the Attorney General,

19 may exempt from seizure and forfeiture an amount of

20 property not exceeding $10,000.

21 ‘‘(b) Any property subject to seizure under this sec22 tion may be seized without warrant if circumstances exist

23 where a warrant is not constitutionally required.

24 ‘‘(c) All provisions of law relating to the seizure, sum25 mary and judicial forfeiture, and condemnation of prop-
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1 erty for the violation of the customs laws; the disposition

2 of such property or the proceeds from the sale thereof;

3 the remission or mitigation of such forfeitures; and the

4 compromise of claims and the award of compensation to

5 informers in respect of such forfeitures shall apply to sei6 zures and forfeitures incurred, or alleged to have been in7 curred, under the provisions of this section, insofar as ap8 plicable and not inconsistent with the provisions hereof,

9 except that duties imposed on customs officers or other

10 persons regarding the seizure and forfeiture of property

11 under the customs laws shall be performed with respect

12 to seizures and forfeitures carried out under the provisions

13 of this section by such officers or persons authorized for

14 that purpose by the Attorney General.

15 ‘‘(d) Whenever property is forfeited under this sec16 tion, the Attorney General may—

17 ‘‘(1) retain the property for official use;

18 ‘‘(2) sell the property, in which case the pro19 ceeds from any such sale shall be used to pay all

20 proper expenses of the proceedings for forfeiture and

21 sale including expenses of seizure, maintenance of

22 custody, advertising, and courts costs; and

23 ‘‘(3) deposit any moneys or proceeds from the

24 sale of seized property not used to pay expenses in
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1 accordance with paragraph (2) to the Penalties and

2 Confiscation Account.

3 ‘‘(e) In all suits or actions brought for the forfeiture

4 of any property of an alien seized under this section, where

5 an interest in such property is claimed by any person other

6 than such alien, the burden of proof shall lie upon such

7 claimant, except that probable cause shall be first shown

8 for the institution of such suit or action.’’.

9 SEC. 306. IMMIGRATION PENALTIES AND CONFISCATIONS.

10 Section 286 of the Immigration and Nationality Act

11 (8 U.S.C. 1356) is amended—

12 (1) in subsection (b)(1) by striking subpara13 graph ‘‘(A)’’ and in subparagraph (B) by striking

14 subparagraph ‘‘(B)’’.

15 (2) by amending subsection (r) to read as fol16 lows:

17 ‘‘(r) PENALTIES AND CONFISCATIONS ACCOUNT.—

18 ‘‘(1) Notwithstanding any other provision of

19 law, all breached cash and surety bonds that are

20 posted under this chapter and are recovered, all civil

21 fines or penalties collected pursuant to this Act, and

22 all money confiscated, and all proceeds from the sale

23 of property confiscated, pursuant to this Act, shall

24 be deposited as offsetting receipts into a separate ac-
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1 count entitled ‘Penalties and Confiscations Account’

2 in the Treasury of the United States.

3 ‘‘(2) Each calendar quarter the Secretary of the

4 Treasury shall refund out of the Penalties and

5 Confiscations Account to any appropriation the

6 amount paid out of such appropriation during the

7 preceding calendar quarter for expenses incurred by

8 the Attorney General in the detection, apprehension,

9 detention, and deportation of aliens who are unlaw10 fully present in the United States.’’.

11 SEC. 307. COMMUNICATIONS.

12 Notwithstanding any other provision of law, no agen13 cy, officer, or employee of the United States shall be pro14 hibited or in any way restricted from communicating with

15 the Immigration and Naturalization Service regarding the

16 immigration status of an alien.

17 SEC. 308. VOLUNTARY DEPARTURE.

18 Section 244 of the Immigration and Nationality Act

19 (8 U.S.C. 1254) is amended—

20 (1) in subsection (e) by adding at the end the

21 following:

22 ‘‘(3) When granting permission to depart volun23 tarily under the authority contained in paragraph

24 (1), the Attorney General shall inform the alien of

25 the date and year, not more than 6 months from the
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1 date on which such permission is communicated, by

2 which such departure must be accomplished. No

3 postponement of the initially prescribed departure

4 date may be granted’’;

5 (2) in subsection (f) striking ‘‘; or’’ at the end

6 of paragraph (2) and inserting a semicolon

7 (3) in paragraph (3) by striking the period at

8 the end and inserting ‘‘; or’’; and

9 (4) by adding after paragraph (3) the following:

10 ‘‘(4) was permitted by the Attorney General to

11 depart voluntarily under subsection (e)(1) and did

12 not depart by the date prescribed in accordance with

13 subsection (e)(3).’’.

14 TITLE IV—DOCUMENT REFORM

15 SEC. 401. SECURE WORK ELIGIBILITY DOCUMENTS.

16 (a) EXAMINATION OF DOCUMENTS.—Effective Janu17 ary 1, 1997, section 274A of the Immigration and Nation18 ality Act (8 U.S.C. 1324a) is amended by striking sub19 paragraphs (A) through (D) of subsection (b)(1) and in20 serting the following:

21 ‘‘(A) IN GENERAL.—The person or entity

22 must attest, under penalty of perjury and on a

23 form designated or established by the Attorney

24 General by regulation, that it has verified that

25 the individual is not an unauthorized alien by—
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1 ‘‘(i) examining the document de2 scribed in subparagraph (B) in the case of

3 an individual claiming to be a United

4 States citizen or United States national;

5 ‘‘(ii) examining the document de6 scribed in subparagraph (C) in the case of

7 an individual not claiming to be a United

8 States citizen or a United States national;

9 and

10 ‘‘(iii) reporting the individual’s Social

11 Security account number to the Social Se12 curity Administration through the elec13 tronic verification system established pur14 suant to section 402 of the Immigration

15 Reduction Act of 1995.

16 ‘‘(B) DOCUMENTS OF CITIZENS AND NA17 TIONALS.—The document described in this

18 paragraph is an individual’s Social Security ac19 count number card issued pursuant to section

20 401(c) of the Immigration Reduction Act of

21 1995.

22 ‘‘(C) DOCUMENTS OF ALIENS.—The docu23 ment described in this paragraph is an alien’s

24 identification card issued by the Immigration

25 and Naturalization Service pursuant to section
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1 401(b) of the Immigration Reduction Act of

2 1995.’’.

3 (b) IMPROVEMENT OF ALIEN IDENTITY CARDS.—

4 (1) PERMANENT RESIDENT ALIENS.—The At5 torney General shall cause to be issued to every alien

6 acquiring lawful permanent residence in the United

7 States after June 30, 1996, and, upon application,

8 to any alien who acquired lawful permanent resi9 dence before July 1, 1996, an alien identification

10 card that shall—

11 (A) be uniform in appearance,

12 (B) be as tamper-proof and counterfeit-re13 sistant as practicable,

14 (C) contain a photograph and fingerprint,

15 (D) display the name, sex, date of birth,

16 place of birth, and such other identifying infor17 mation as the Attorney General shall determine,

18 and

19 (E) incorporate a machine-readable encod20 ing of the information displayed on the card

21 and such other information as may serve to pre22 vent counterfeiting or other misuse of the card.

23 (2) OTHER ALIENS.—The Attorney General

24 shall cause to be issued to every alien who becomes

25 authorized to work in the United States after June
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1 30, 1996, other than by reason of lawful admission

2 for permanent residence, and shall cause to be is3 sued, upon application, to any other alien who is au4 thorized to work in the United States other than by

5 reason of lawful admission for permanent residence

6 an alien identification card that shall—

7 (A) be uniform in appearance,

8 (B) be as tamper-proof and counterfeit-re9 sistant as practicable,

10 (C) contain a photograph and fingerprint,

11 (D) display the alien’s name, sex, date of

12 birth, place of birth, and such other identifying

13 information as the Attorney General shall de14 termine,

15 (E) show an expiration date that shall be

16 determined in accordance with regulations is17 sued by the Attorney General, but shall not in

18 any case be later than 3 calendar years after

19 the date of issuance, and

20 (F) incorporate a machine-readable encod21 ing of the information displayed on the card

22 and such other information as may serve to pre23 vent counterfeiting or other misuse of the card.

24 (c) IMPROVEMENT OF SOCIAL SECURITY CARDS.—
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1 (1) ISSUANCE OF ENHANCED CARD FOR CITI2 ZENS.—The Secretary shall cause to be issued en3 hanced Social Security account number cards to

4 United States citizens and United States nationals

5 who are 16 years of age or older upon application,

6 proof of identity, proof of citizenship or nationality,

7 and payment of a reasonable fee.

8 (2) ISSUANCE OF ENHANCED CARD FOR

9 ALIENS.—The Secretary shall cause to be issued en10 hanced Social Security account number cards to

11 aliens lawfully admitted for permanent residence or

12 who are otherwise authorized to work in the United

13 States and who are 16 years of age or older upon

14 application, proof of identity, verification of status

15 by the Immigration and Naturalization Service, and

16 payment of a reasonable fee.

17 (3) REQUIREMENTS OF NEW CARDS.—

18 (A) The cards issued pursuant to para19 graphs (1) and (2) shall—

20 (i) be uniform in appearance,

21 (ii) be as tamper-proof and counter22 feit-resistant as is practicable,

23 (iii) contain a photograph and such

24 other identifying information that is spe-
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1 cific to each person as the Secretary shall

2 determine,

3 (iv) contain the name, sex, date of

4 birth, citizenship status, and Social Secu5 rity account number of the issuee, and

6 (v) incorporate a machine-readable en7 coding of the information contained in the

8 card.

9 (B) The cards issued pursuant to para10 graph (2) to aliens who are not permanent resi11 dent aliens shall indicate whether the work au12 thorization granted to the alien has an expira13 tion date.

14 (4) SECRETARY DEFINED.—For purposes of

15 this subsection, the Secretary means the Secretary

16 of Health and Human Services.

17 (d) REASONABLE FEE.—The amount of the fee that

18 is to be charged under subsections (b) and (c) shall be

19 the amount, not exceeding $50, required to cover the costs

20 of issuing the card (rounded to the nearest whole dollar).

21 (e) NO OTHER CARDS.—No Social Security account

22 number card or alien identification card shall be issued

23 after June 30, 1996, whether as an original card or as

24 a replacement, that does not satisfy the requirements of

25 this section.
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1 (f) DEFINITIONS.—For purposes of this section—

2 (1) ‘‘place of birth’’ means, for an individual—

3 (A) born in a State, the 2-letter symbol

4 used by the United States Postal Service to

5 identify that State, or

6 (B) not born in a State, such 2-letter sym7 bol as the Secretary shall determine by regula8 tions;

9 (2) ‘‘State’’ means one of the United States,

10 the District of Columbia, Puerto Rico, the United

11 States Virgin Islands, or Guam.

12 SEC. 402. ELECTRONIC VERIFICATION.

13 (a) SOCIAL SECURITY DATABASE.—By September

14 30, 1996, the Secretary of Health and Human Services

15 shall make such modifications to the Social Security ac16 count number data base (NUMIDENT) as are practicable

17 and as enable confirmation through the electronic verifica18 tion system described in subsection (d) that a Social Secu19 rity account number has been issued to an individual iden20 tified by last name, sex, year of birth, and place of birth

21 and that such individual is not known to the Secretary

22 of Health and Human Services to be an alien not author23 ized to work in the United States. At a minimum the data

24 base shall be modified to enable confirmation that a Social

25 Security account number is not assigned to an individual
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1 authorized to work in the United States because the num2 ber—

3 (1) has not been issued,

4 (2) was issued to an individual known by the

5 Secretary of Health and Human Services as not au6 thorized to work,

7 (3) was issued to a person that is deceased and

8 has not been reissued, or

9 (4) was issued to an alien that any data base

10 of the Immigration and Naturalization Service shows

11 is not authorized to work in the United States.

12 The Attorney General shall provide such assistance as the

13 Secretary of Health and Human Services may require to

14 merge or otherwise make use of any data base of the Im15 migration and Naturalization Service for the purposes of

16 this section.

17 (b) EXCHANGE OF INFORMATION.—The Attorney

18 General shall notify the Secretary of Health and Human

19 Services of the expiration of an alien’s authorization to

20 work in the United States not later than 14 calendar days

21 after the date of expiration. The Secretary of Health and

22 Human Services shall furnish the Attorney General with

23 a list of any aliens for whom confirmation of work eligi24 bility has been requested not later than 5 calendar days

25 after such request. Such list shall include the telephone
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1 number from which the request was made and the em2 ployer identification number of the requester.

3 (c) ADULT APPLICANTS.—The Secretary of Health

4 and Human Services shall furnish to the Attorney General

5 a copy of any application (including supporting docu6 mentation) for a Social Security account number by an

7 alien or by an individual over 16 years of age who claims

8 to be a United States citizen or national and shall not

9 issue a number before the earlier of the following dates—

10 (1) the date on which the Attorney General con11 firms in writing that his records do not show that

12 the applicant is an alien not authorized to work in

13 the United States, or

14 (2) 60 days after a copy of the application and

15 supporting documentation has been delivered to the

16 Attorney General.

17 (d) ELECTRONIC VERIFICATION SYSTEM.—Before

18 January 1, 1997, the Secretary of Health and Human

19 Services shall test and place in operation a system whereby

20 an employer can report by touch-tone telephone or point21 of-service device his employer identification number and

22 the Social Security account number, last name, sex, year

23 of birth, and place of birth of any individual who is to

24 be employed and can receive immediate confirmation that

25 the number was issued to the individual having that iden-
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1 tity and that such person is not identified within the Social

2 Security account number data base as an individual who

3 is not a United States citizen, a United States national,

4 or an alien authorized to work in the United States. The

5 charge for each call will be sufficient to cover the costs

6 of operating the system, except that it shall not exceed

7 $2.00 plus any line charges payable to the telephone car8 rier. The system shall provide for access to a live operator

9 if an entry is not accepted or confirmed, shall provide a

10 verification code to the caller, shall create and maintain

11 a record of each inquiry (including the telephone number

12 of the requester) and its verification code for not less than

13 2 years, and shall accommodate devices that read the en14 coding incorporated by a card issued under section 401(b)

15 or 401(c).

16 (e) ABUSE OF SYSTEM.—The use of the telephone

17 verification system established by subsection (d) by a per18 son other than—

19 (1) an employer acting pursuant to section

20 274A(b)(1) of the Immigration and Nationality Act,

21 or

22 (2) an officer or employee of an agency of the

23 United States or of any State acting in the perform24 ance of official duties, shall be punishable by a fine

25 of not more than $1,000 per occurrence.
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1 SEC. 403. UNIFORM VITAL STATISTICS.

2 The Secretary of Health and Human Services shall

3 consult with the State agencies responsible for registration

4 and certification of births and deaths and, within 2 years

5 of the date of enactment of this Act, shall establish a na6 tional electronic network linking the vital statistics records

7 of such States. The network shall provide, where practical,

8 for the matching of deaths with births and shall enable

9 the confirmation of births and deaths of citizens of the

10 United States, or of aliens within the United States, by

11 any Federal or State agency or official in the performance

12 of official duties. The Secretary shall institute measures

13 to achieve uniform and accurate reporting of vital statis14 tics into the national network, to protect the integrity of

15 the registration and certification process, and to prevent

16 fraud against the Government and other persons through

17 the use of false birth or death certificates.

18 SEC. 404. EMPLOYMENT AUTHORIZATION.

19 Section 274A of the Immigration and Nationality Act

20 (8 U.S.C. 1324a) is amended—

21 (1) in subsection (h)(3), by striking ‘‘or by the

22 Attorney General’’; and

23 (2) by adding the following sentence at the end

24 of subsection (h)(3): ‘‘The Attorney General shall

25 not authorize any alien who has not lawfully immi26 grated to the United States to be employed in the
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1 United States or to carry on any trade or business

2 within the United States unless (A) the alien has a

3 lawfully obtained visa for a nonimmigrant status

4 that explicitly contemplates such performance of

5 services or such carrying on of a trade or business

6 within the United States, or (B) such authorization

7 is explicitly permitted by this Act.’’.

8 TITLE V—STATE AND LOCAL

9 RESPONSIBILITIES

10 SEC. 501. LOCAL COOPERATION.

11 If the Attorney General certifies that any State or

12 local government or agency, or any elected or appointed

13 officer or employee thereof in the exercise of the individ14 ual’s official duties, has announced or practiced a policy

15 of refusing to cooperate with Federal immigration authori16 ties with respect to the identification, location, arrest,

17 prosecution, detention, or deportation of an alien or aliens

18 who are not lawfully present in the United States or a

19 policy of disregarding any Federal law or regulation relat20 ing to the denial of benefits to any class of aliens, then,

21 from the date that such certification is published in the

22 Federal Register until the date that the Attorney General

23 certifies that the policy has been retracted, that State or

24 local government or agency will not be eligible for any
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1 Federal funds or assistance relating to law enforcement,

2 education, public health, transportation, or public works.

3 SEC. 502. NOTIFICATION OF ALIEN ARREST.

4 Whenever a law enforcement agency of any State or

5 subdivision thereof that receives Federal funds arrests an

6 alien for the commission of a crime, that agency shall

7 promptly provide notice of the alien’s identity and the cir8 cumstances of his arrest to the District Director of the

9 Immigration and Naturalization Service for the district in

10 which the alien is being held or, if the alien is not being

11 held, for the district in which the alien was arrested.

12 SEC. 503. IMMIGRATION-RELATED COMMUNICATIONS.

13 (a) FREEDOM OF COMMUNICATION.—Notwithstand14 ing any other provision of law, no State or local govern15 ment or agency or employee thereof shall be prohibited

16 or prevented in any way from communicating with the Im17 migration and Naturalization Service regarding the immi18 gration status of an alien.

19 (b) CONFIDENTIALITY OF COMMUNICATIONS.—

20 (1) Any officer or employee of the United

21 States, who by virtue of his employment or official

22 position receives or learns of a communication de23 scribed in subsection (a), is prohibited from disclos24 ing to any person who is not an employee or officer

25 of the United States information about an individual
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1 that was included in such communication other than

2 pursuant to the administration and enforcement of

3 the (A) Immigration and Nationality Act and other

4 laws of the United States regulating the admission,

5 presence, and departure of aliens, and (B) any

6 criminal law of the United States or of the several

7 States.

8 (2) Any officer or employee of the United

9 States who knowingly makes a disclosure prohibited

10 by this subsection shall be guilty of a misdemeanor

11 and fined not more than $1,000 per disclosure.

12 SEC. 504. LAW ENFORCEMENT ASSISTANCE.

13 (a) Section 3041 of title 18, United States Code, is

14 amended by adding after the first comma in the first sen15 tence ‘‘including entry into, or presence within, the United

16 States in violation of any United States law regulating im17 migration,’’.

18 (b) Section 103 of the Immigration and Nationality

19 Act (8 U.S.C. 1103) is amended by adding at the end the

20 following new subsection:

21 ‘‘(e)(1) The Attorney General may deputize any law

22 enforcement officer of any State or of any political subdivi23 sion of any State to seek, apprehend, detain, and commit

24 to the custody of an officer of the Department of Justice

25 aliens who have violated or are reasonably suspected to
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1 have violated the provisions of this Act and to conduct

2 investigations with respect to any such violations or sus3 pected violations, if—

4 ‘‘(A) actions pursuant to such deputization are

5 subject to the direction and supervision of an officer

6 of the Department of Justice;

7 ‘‘(B) the duration of any such deputization is

8 not more than 2 years, subject to extensions or re9 newals at the discretion of the Attorney General

10 which shall not exceed 2 years;

11 ‘‘(C) any deputization, its duration, an identi12 fication of the supervising officer of the Department

13 of Justice, and the specific powers, privileges, and

14 duties to be performed or exercised are set forth in

15 writing; and

16 ‘‘(D) the Governor of the State, or the chief

17 elected or appointed official of a political subdivision

18 (as may be appropriate) consents to the deputiza19 tion.

20 ‘‘(2) No deputization under this subsection shall enti21 tle any State, political subdivision, or individual to any

22 compensation or reimbursement from the United States,

23 except where the amount thereof and the entitlement

24 thereto are set forth in the written deputization or where

25 otherwise explicitly provided by law.’’.
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1 TITLE VI—RESTRICTING WEL2 FARE AND PUBLIC BENEFITS

3 FOR ALIENS

4 SEC. 600. STATEMENTS OF NATIONAL POLICY CONCERNING

5 WELFARE AND IMMIGRATION.

6 The Congress makes the following statements con7 cerning national policy with respect to welfare and immi8 gration:

9 (1) Self-sufficiency has been a basic principle of

10 United States immigration law since this country’s

11 earliest immigration statutes.

12 (2) It continues to be the immigration policy of

13 the United States that—

14 (A) aliens within the nation’s borders not

15 depend on public resources to meet their needs,

16 but rather rely on their own capabilities and the

17 resources of their families, their sponsors, and

18 private organizations, and

19 (B) the availability of public benefits not

20 constitute an incentive for immigration to the

21 United States.

22 (3) Despite the principle of self-sufficiency,

23 aliens have been applying for and receiving public

24 benefits from Federal, State, and local governments

25 at increasing rates.
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1 (4) Current eligibility rules for public assistance

2 and unenforceable financial support agreements have

3 proved wholly incapable of assuring that individual

4 aliens not burden the public benefits system.

5 (5) It is a compelling government interest to

6 enact new rules for eligibility and sponsorship agree7 ments in order to assure that aliens be self-reliant

8 in accordance with national immigration policy.

9 (6) It is a compelling government interest to re10 move the incentive for illegal immigration provided

11 by the availability of public benefits.

12 Subtitle A—Eligibility for Federal

13 Benefits Programs

14 SEC. 601. INELIGIBILITY OF ILLEGAL ALIENS FOR CERTAIN

15 PUBLIC BENEFITS PROGRAMS.

16 (a) IN GENERAL.—Notwithstanding any other provi17 sion of law and except as provided in subsections (b) and

18 (c), any alien who is not lawfully present in the United

19 States shall not be eligible for any Federal means-tested

20 public benefits program (as defined in section 631(d)(2)).

21 (b) EXCEPTION FOR EMERGENCY ASSISTANCE.—

22 Subsection (a) shall not apply to the provision of non-cash,

23 in-kind emergency assistance (including emergency medi24 cal services).
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1 (c) TREATMENT OF HOUSING-RELATED ASSIST2 ANCE.—Subsection (a) shall not apply to any program for

3 housing or community development assistance adminis4 tered by the Secretary of Housing and Urban Develop5 ment, any program under title V of the Housing Act of

6 1949, or any assistance under section 306C of the Consoli7 dated Farm and Rural Development Act, except that in

8 the case of financial assistance (as defined in section

9 214(b) of the Housing and Community Development Act

10 of 1980), the provisions of section 214 of such Act shall

11 apply instead of subsection (a).

12 SEC. 602. INELIGIBILITY OF NONIMMIGRANTS FOR CER13 TAIN PUBLIC BENEFITS PROGRAMS.

14 (a) IN GENERAL.—Notwithstanding any other provi15 sion of law and except as provided in subsections (b) and

16 (c), any alien who is lawfully present in the United States

17 as a nonimmigrant shall not be eligible for any Federal

18 means-tested public benefits program.

19 (b) EXCEPTIONS.—

20 (1) EMERGENCY ASSISTANCE.—Subsection (a)

21 shall not apply to the provision of non-cash, in-kind

22 emergency assistance (including emergency medical

23 services).

24 (2) ALIENS GRANTED ASYLUM.—Subsection (a)

25 shall not apply to an alien who is granted asylum
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1 under section 208 of the Immigration and National2 ity Act or whose deportation has been withheld

3 under section 243(h) of such Act.

4 (3) TREATMENT OF TEMPORARY AGRICUL5 TURAL WORKERS.—Subsection (a) shall not apply to

6 a nonimmigrant admitted as a temporary agricul7 tural worker under section 101(a)(15)(H)(ii)(a) of

8 the Immigration and Nationality Act or as the

9 spouse or minor child of such a worker under section

10 101(a)(15)(H)(iii) of such Act.

11 (c) TREATMENT OF HOUSING-RELATED ASSIST12 ANCE.—Subsection (a) shall not apply to any program for

13 housing or community development assistance adminis14 tered by the Secretary of Housing and Urban Develop15 ment, any program under title V of the Housing Act of

16 1949, or any assistance under section 306C of the Consoli17 dated Farm and Rural Development Act, except that in

18 the case of financial assistance (as defined in section

19 214(b) of the Housing and Community Development Act

20 of 1980), the provisions of section 214 of such Act shall

21 apply instead of subsection (a).

22 (d) TREATMENT OF ALIENS PAROLED INTO THE

23 UNITED STATES.—An alien who is paroled into the

24 United States under section 212(d)(5) of the Immigration

25 and Nationality Act for a period of less than 1 year shall
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1 be considered, for purposes of this subtitle, to be lawfully

2 present in the United States as a nonimmigrant.

3 SEC. 603. LIMITED ELIGIBILITY OF IMMIGRANTS FOR 5

4 SPECIFIED FEDERAL PUBLIC BENEFITS PRO5 GRAMS.

6 (a) IN GENERAL.—Notwithstanding any other provi7 sion of law and except as provided in subsection (b), any

8 alien who is lawfully present in the United States shall

9 not be eligible for any of the following Federal means-test10 ed public benefits programs:

11 (1) SSI.—The supplemental security income

12 program under title XVI of the Social Security Act.

13 (2) TEMPORARY ASSISTANCE FOR NEEDY FAMI14 LIES.—The program of block grants to States for

15 temporary assistance for needy families under part

16 A of title IV of the Social Security Act.

17 (3) SOCIAL SERVICES BLOCK GRANT.—The pro18 gram of block grants to States for social services

19 under title XX of the Social Security Act.

20 (4) MEDICAID.—The program of medical assist21 ance under title XIX of the Social Security Act.

22 (5) FOOD STAMPS.—The program under the

23 Food Stamp Act of 1977.

24 (b) EXCEPTIONS.—
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1 (1) TIME-LIMITED EXCEPTION FOR REFU2 GEES.—Subsection (a) shall not apply to an alien

3 admitted to the United States as a refugee under

4 section 207 of the Immigration and Nationality Act

5 until 5 years after the date of such alien’s arrival

6 into the United States.

7 (2) CERTAIN LONG-TERM, PERMANENT RESI8 DENT, AGED ALIENS.—Subsection (a) shall not

9 apply to an alien who—

10 (A) has been lawfully admitted to the

11 United States for permanent residence;

12 (B) is over 75 years of age; and

13 (C) has resided in the United States for at

14 least 5 years.

15 (3) VETERAN AND ACTIVE DUTY EXCEPTION.—

16 Subsection (a) shall not apply to an alien who is

17 lawfully residing in any State (or any territory or

18 possession of the United States) and is—

19 (A) a veteran (as defined in section 101 of

20 title 38, United States Code) with a discharge

21 characterized as an honorable discharge,

22 (B) on active duty (other than active duty

23 for training) in the Armed Forces of the United

24 States, or
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1 (C) the spouse or unmarried dependent

2 child of an individual described in subparagraph

3 (A) or (B).

4 Subparagraph (A) shall not apply in the case of a

5 veteran who has been separated from military serv6 ice on account of alienage.

7 (4) EMERGENCY ASSISTANCE.—Subsection (a)

8 shall not apply to the provision of non-cash, in-kind

9 emergency assistance (including emergency medical

10 services).

11 (5) TRANSITION FOR CURRENT BENE12 FICIARIES.—Subsection (a) shall not apply to the eli13 gibility of an alien for a program until 1 year after

14 the date of the enactment of this Act if, on such

15 date of enactment, the alien is lawfully residing in

16 any State or any territory or possession of the

17 United States and is eligible for the program.

18 (6) CERTAIN PERMANENT RESIDENT AND DIS19 ABLED ALIENS.—Subsection (a) shall not apply to

20 an alien who—

21 (A) has been lawfully admitted to the

22 United States for permanent residence; and

23 (B) is unable because of physical or devel24 opmental disability or mental impairment (in25 cluding Alzheimer’s disease) to comply with the
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1 naturalization requirements of section 312(a) of

2 the Immigration and Naturalization Act.

3 SEC. 604. NOTIFICATION.

4 Each Federal agency that administers a program to

5 which section 601, 602, or 603 applies shall, directly or

6 through the States, post information and provide general

7 notification to the public and to program recipients of the

8 changes regarding eligibility for any such program pursu9 ant to this subtitle.

10 Subtitle B—Eligibility for State

11 and Local Public Benefits Pro12 grams

13 SEC. 611. INELIGIBILITY OF ILLEGAL ALIENS FOR STATE

14 AND LOCAL PUBLIC BENEFITS PROGRAMS.

15 (a) IN GENERAL.—Notwithstanding any other provi16 sion of law and except as otherwise provided in this sec17 tion, no alien who is not lawfully present in the United

18 States (as determined in accordance with regulations of

19 the Attorney General) shall be eligible for any State

20 means-tested public benefits program (as defined in sec21 tion 631(d)(3)).

22 (b) EXCEPTION FOR EMERGENCY ASSISTANCE.—

23 Subsection (a) shall not apply to the provision of non-cash,

24 in-kind emergency assistance (including emergency medi25 cal services).
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1 SEC. 612. INELIGIBILITY OF NONIMMIGRANTS FOR STATE

2 AND LOCAL PUBLIC BENEFITS PROGRAMS.

3 (a) IN GENERAL.—Notwithstanding any other provi4 sion of law and except as otherwise provided in this sec5 tion, no alien who is lawfully present in the United States

6 as a nonimmigrant shall be eligible for any State means7 tested public benefits program (as defined in section

8 631(d)(3)).

9 (b) EXCEPTIONS.—

10 (1) EMERGENCY ASSISTANCE.—The limitations

11 under subsection (a) shall not apply to the provision

12 of non-cash, in-kind emergency assistance (including

13 emergency medical services).

14 (2) ALIENS GRANTED ASYLUM.—Subsection (a)

15 shall not apply to an alien who is granted asylum

16 under section 208 of the Immigration and National17 ity Act or whose deportation has been withheld

18 under section 243(h) of such Act.

19 (3) TREATMENT OF TEMPORARY AGRICUL20 TURAL WORKERS.—Subsection (a) shall not apply to

21 a nonimmigrant admitted as a temporary agricul22 tural worker under section 101(a)(15)(H)(ii)(a) of

23 the Immigration and Nationality Act or as the

24 spouse or minor child of such a worker under section

25 101(a)(15)(H)(iii) of such Act.
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1 (c) TREATMENT OF ALIENS PAROLED INTO THE

2 UNITED STATES.—An alien who is paroled into the

3 United States under section 212(d)(5) of the Immigration

4 and Nationality Act for a period of less than 1 year shall

5 be considered, for purposes of this subtitle, to be lawfully

6 present in the United States as a nonimmigrant.

7 SEC. 613. STATE AUTHORITY TO LIMIT ELIGIBILITY OF IM8 MIGRANTS FOR STATE AND LOCAL MEANS9 TESTED PUBLIC BENEFITS PROGRAMS.

10 (a) IN GENERAL.—Notwithstanding any other provi11 sion of law and except as otherwise provided in this section

12 or section 612, a State is authorized to determine eligi13 bility requirements for aliens who are lawfully present in

14 the United States for any State means-tested public bene15 fits program.

16 (b) EXCEPTIONS.—

17 (1) TIME-LIMITED EXCEPTION FOR REFU18 GEES.—The authority under subsection (a) shall not

19 apply to an alien admitted to the United States as

20 a refugee under section 207 of the Immigration and

21 Nationality Act until 5 years after the date of such

22 alien’s arrival into the United States.

23 (2) CERTAIN LONG-TERM, PERMANENT RESI24 DENT, AGED ALIENS.—The authority under sub25 section (a) shall not apply to an alien who—
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1 (A) has been lawfully admitted to the

2 United States for permanent residence;

3 (B) is over 75 years of age; and

4 (C) has resided in the United States for at

5 least 5 years.

6 (3) VETERAN AND ACTIVE DUTY EXCEPTION.—

7 The authority under subsection (a) shall not apply

8 to an alien who is lawfully residing in any State (or

9 any territory or possession of the United States) and

10 is—

11 (A) a veteran (as defined in section 101 of

12 title 38, United States Code) with a discharge

13 characterized as an honorable discharge,

14 (B) on active duty (other than active duty

15 for training) in the Armed Forces of the United

16 States, or

17 (C) the spouse or unmarried dependent

18 child of an individual described in subparagraph

19 (A) or (B).

20 Subparagraph (A) shall not apply in the case of a

21 veteran who has been separated from military serv22 ice on account of alienage.

23 (4) EMERGENCY ASSISTANCE.—The authority

24 under subsection (a) shall not apply to the provision
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1 of non-cash, in-kind emergency assistance (including

2 emergency medical services).

3 (5) TRANSITION.—The authority under sub4 section (a) shall not apply to eligibility of an alien

5 for a State means-tested public benefits program

6 until 1 year after the date of the enactment of this

7 Act if, on such date of enactment, the alien is law8 fully present in the United States and is eligible for

9 benefits under the program. Nothing in the previous

10 sentence is intended to address alien eligibility for

11 such a program before the date of the enactment of

12 this Act.

13 Subtitle C—Attribution of Income

14 and Affidavits of Support

15 SEC. 421. ATTRIBUTION OF SPONSOR’S INCOME AND RE16 SOURCES TO FAMILY-SPONSORED IMMI17 GRANTS.

18 (a) IN GENERAL.—Notwithstanding any other provi19 sion of law and except as provided in subsection (c), in

20 determining the eligibility and the amount of benefits of

21 an alien for any means-tested public benefits program (as

22 defined in section 631(d)) the income and resources of the

23 alien shall be deemed to include—

24 (1) the income and resources of any person who

25 executed an affidavit of support pursuant to section
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1 213A of the Immigration and Nationality Act (as

2 added by section 622) in behalf of such alien, and

3 (2) the income and resources of the spouse (if

4 any) of the person.

5 (b) APPLICATION.—Subsection (a) shall apply with

6 respect to an alien until such time as the alien achieves

7 United States citizenship through naturalization pursuant

8 to chapter 2 of title III of the Immigration and National9 ity Act.

10 (c) EXCEPTION FOR HOUSING-RELATED ASSIST11 ANCE.—Subsection (a) shall not apply to any program for

12 housing or community development assistance adminis13 tered by the Secretary of Housing and Urban Develop14 ment, any program under title V of the Housing Act of

15 1949, or any assistance under section 306C of the Consoli16 dated Farm and Rural Development Act.

17 SEC. 622. REQUIREMENTS FOR SPONSOR’S AFFIDAVIT OF

18 SUPPORT.

19 (a) IN GENERAL.—Title II of the Immigration and

20 Nationality Act is amended by inserting after section 213

21 the following new section:

22 ‘‘REQUIREMENTS FOR SPONSOR’S AFFIDAVIT OF SUPPORT

23 ‘‘SEC. 213A. (a) ENFORCEABILITY.—No affidavit of

24 support may be accepted by the Attorney General or by

25 any consular officer to establish that an alien is not ex-
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1 cludable as a public charge under section 212(a)(4) unless

2 such affidavit is executed as a contract—

3 ‘‘(1) which is legally enforceable against the

4 sponsor by the Federal Government and by any

5 State (or any political subdivision of such State)

6 which provides any means-tested public benefits pro7 gram, but not later than 10 years after the alien last

8 receives any such benefit; and

9 ‘‘(2) in which the sponsor agrees to submit to

10 the jurisdiction of any Federal or State court for the

11 purpose of actions brought under subsection (e)(2).

12 Such contract shall be enforceable with respect to benefits

13 provided to the alien until such time as the alien achieves

14 United States citizenship through naturalization pursuant

15 to chapter 2 of title III.

16 ‘‘(b) FORMS.—Not later than 90 days after the date

17 of enactment of this section, the Attorney General, in con18 sultation with the Secretary of State and the Secretary

19 of Health and Human Services, shall formulate an affida20 vit of support consistent with the provisions of this sec21 tion.

22 ‘‘(c) STATUTORY CONSTRUCTION.—Nothing in this

23 section shall be construed to grant third party beneficiary

24 rights to any sponsored alien under an affidavit of

25 support.
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1 ‘‘(d) NOTIFICATION OF CHANGE OF ADDRESS.—(1)

2 The sponsor shall notify the Federal Government and the

3 State in which the sponsored alien is currently resident

4 within 30 days of any change of address of the sponsor

5 during the period specified in subsection (a)(1).

6 ‘‘(2) Any person subject to the requirement of para7 graph (1) who fails to satisfy such requirement shall be

8 subject to a civil penalty of—

9 ‘‘(A) not less than $250 or more than $2,000,

10 or

11 ‘‘(B) if such failure occurs with knowledge that

12 the sponsored alien has received any benefit under

13 any means-tested public benefits program, not less

14 than $2,000 or more than $5,000.

15 ‘‘(e) REIMBURSEMENT OF GOVERNMENT EX16 PENSES.—(1)(A) Upon notification that a sponsored alien

17 has received any benefit under any means-tested public

18 benefits program, the appropriate Federal, State, or local

19 official shall request reimbursement by the sponsor in the

20 amount of such assistance.

21 ‘‘(B) The Attorney General, in consultation with the

22 Secretary of Health and Human Services, shall prescribe

23 such regulations as may be necessary to carry out sub24 paragraph (A).
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1 ‘‘(2) If within 45 days after requesting reimburse2 ment, the appropriate Federal, State, or local agency has

3 not received a response from the sponsor indicating a will4 ingness to commence payments, an action may be brought

5 against the sponsor pursuant to the affidavit of support.

6 ‘‘(3) If the sponsor fails to abide by the repayment

7 terms established by such agency, the agency may, within

8 60 days of such failure, bring an action against the spon9 sor pursuant to the affidavit of support.

10 ‘‘(4) No cause of action may be brought under this

11 subsection later than 10 years after the alien last received

12 any benefit under any means-tested public benefits pro13 gram.

14 ‘‘(f) DEFINITIONS.—For the purposes of this sec15 tion—

16 ‘‘(1) SPONSOR.—The term ‘sponsor’ means an

17 individual who—

18 ‘‘(A) is a citizen or national of the United

19 States or an alien who is lawfully admitted to

20 the United States for permanent residence;

21 ‘‘(B) is 18 years of age or over; and

22 ‘‘(C) is domiciled in any State.

23 ‘‘(2) MEANS-TESTED PUBLIC BENEFITS PRO24 GRAM.—The term ‘means-tested public benefits pro25 gram’ means a program of public benefits (including
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1 cash, medical, housing, and food assistance and so2 cial services) of the Federal Government or of a

3 State or political subdivision of a State in which the

4 eligibility of an individual, household, or family eligi5 bility unit for benefits under the program, or the

6 amount of such benefits, or both are determined on

7 the basis of income, resources, or financial need of

8 the individual, household, or unit.’’.

9 (b) CLERICAL AMENDMENT.—The table of contents

10 of such Act is amended by inserting after the item relating

11 to section 213 the following:

‘‘Sec. 213A. Requirements for sponsor’s affidavit of support.’’.

12 (c) EFFECTIVE DATE.—Subsection (a) of section

13 213A of the Immigration and Nationality Act, as inserted

14 by subsection (a) of this section, shall apply to affidavits

15 of support executed on or after a date specified by the

16 Attorney General, which date shall be not earlier than 60

17 days (and not later than 90 days) after the date the Attor18 ney General formulates the form for such affidavits under

19 subsection (b) of such section.

20 Subtitle D—General Provisions

21 SEC. 631. DEFINITIONS.

22 (a) IN GENERAL.—Except as otherwise provided in

23 this section, the terms used in this title have the same

24 meaning given such terms in section 101(a) of the Immi25 gration and Nationality Act.
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1 (b) LAWFUL PRESENCE.—For purposes of this title,

2 the determination of whether an alien is lawfully present

3 in the United States shall be made in accordance with reg4 ulations of the Attorney General. An alien shall not be

5 considered to be lawfully present in the United States for

6 purposes of this title merely because the alien may be con7 sidered to be permanently residing in the United States

8 under color of law for purposes of any particular program.

9 (c) STATE.—As used in this title, the term ‘‘State’’

10 includes the District of Columbia, Puerto Rico, the Virgin

11 Islands, Guam, the Northern Mariana Islands, and Amer12 ican Samoa.

13 (d) PUBLIC BENEFITS PROGRAMS.—As used in this

14 title—

15 (1) MEANS-TESTED PROGRAM.—The term

16 ‘‘means-tested public benefits program’’ means a

17 program of public benefits (including cash, medical,

18 housing, and food assistance and social services) of

19 the Federal Government or of a State or political

20 subdivision of a State in which the eligibility of an

21 individual, household, or family eligibility unit for

22 benefits under the program, or the amount of such

23 benefits, or both are determined on the basis of in24 come, resources, or financial need of the individual,

25 household, or unit.
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1 (2) FEDERAL MEANS-TESTED PUBLIC BENE2 FITS PROGRAM.—The term ‘‘Federal means-tested

3 public benefits program’’ means a means-tested pub4 lic benefits program of (or contributed to by) the

5 Federal Government and under which the Federal

6 Government has specified standards for eligibility

7 and includes the programs specified in section

8 603(a).

9 (3) STATE MEANS-TESTED PUBLIC BENEFITS

10 PROGRAM.—The term ‘‘State means-tested public

11 benefits program’’ means a means-tested public ben12 efits program of a State or political subdivision of a

13 State under which the State or political subdivision

14 specifies the standards for eligibility, and does not

15 include any Federal means-tested public benefits

16 program.

17 SEC. 632. CONSTRUCTION.

18 Nothing in this title shall be construed as addressing

19 alien eligibility for governmental programs that are not

20 means-tested public benefits programs.
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1 Subtitle E—Conforming

2 Amendments

3 SEC. 641. CONFORMING AMENDMENTS RELATING TO AS4 SISTED HOUSING.

5 (a) LIMITATIONS ON ASSISTANCE.—Section 214 of

6 the Housing and Community Development Act of 1980

7 (42 U.S.C. 1436a) is amended—

8 (1) by striking ‘‘Secretary of Housing and

9 Urban Development’’ each place it appears and in10 serting ‘‘applicable Secretary’’;

11 (2) in subsection (b), by inserting after ‘‘Na12 tional Housing Act,’’ the following: ‘‘the direct loan

13 program under section 502 of the Housing Act of

14 1949 or section 502(c)(5)(D), 504, 521(a)(2)(A), or

15 542 of such Act, subtitle A of title III of the Cran16 ston-Gonzalez National Affordable Housing Act,’’;

17 (3) in paragraphs (2) through (6) of subsection

18 (d), by striking ‘‘Secretary’’ each place it appears

19 and inserting ‘‘applicable Secretary’’;

20 (4) in subsection (d), in the matter following

21 paragraph (6), by striking ‘‘the term ‘Secretary’’’

22 and inserting ‘‘the term ‘applicable Secretary’’’; and

23 (5) by adding at the end the following new sub24 section:
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1 ‘‘(h) For purposes of this section, the term ‘applicable

2 Secretary’ means—

3 ‘‘(1) the Secretary of Housing and Urban De4 velopment, with respect to financial assistance ad5 ministered by such Secretary and financial assist6 ance under subtitle A of title III of the Cranston7 Gonzalez National Affordable Housing Act; and

8 ‘‘(2) the Secretary of Agriculture, with respect

9 to financial assistance administered by such Sec10 retary.’’.

11 (b) CONFORMING AMENDMENTS.—Section 501(h) of

12 the Housing Act of 1949 (42 U.S.C. 1471(h)) is

13 amended—

14 (1) by striking ‘‘(1)’’;

15 (2) by striking ‘‘by the Secretary of Housing

16 and Urban Development’’; and

17 (3) by striking paragraph (2).

18 Subtitle F—Exclusion of Aliens

19 Likely to Become Public Charges

20 SEC. 651. EXCLUSION OF ALIENS LIKELY TO BECOME PUB21 LIC CHARGES.

22 Section 212(a) of the Immigration and Nationality

23 Act (8 U.S.C. 1182(a)) is amended by striking paragraph

24 (4) and inserting the following:
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1 ‘‘(4) PUBLIC CHARGE.—Any alien who cannot

2 demonstrate to the consular officer at the time of

3 application for a visa, or to the Attorney General at

4 the time of application for admission or adjustment

5 of status, that, taking into account the alien’s age

6 and medical condition, the alien has assets, edu7 cation, skills, or a combination thereof that make it

8 very unlikely that the alien will become eligible for

9 means-tested public assistance of any kind (includ10 ing, but not limited to, medical care or food and

11 housing assistance) or will otherwise become a public

12 charge is excludable.’’.

13 TITLE VII—STRENGTHENING

14 CITIZENSHIP

15 SEC. 701. CONSTITUTIONAL CITIZENSHIP.

16 In the exercise of its powers under section 5 of the

17 Fourteenth Article of Amendment to the Constitution of

18 the United States, the Congress has determined and here19 by declares that any person born after the date of enact20 ment of this Act to a mother who is neither a citizen of

21 the United States nor admitted to the United States as

22 a lawful permanent resident, and which person is a na23 tional or citizen of another country of which either of his

24 or her natural parents is a national or citizen, or is enti25 tled upon application to become a national or citizen of
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1 such country, shall be considered as born subject to the

2 jurisdiction of that foreign country and not subject to the

3 jurisdiction of the United States within the meaning of

4 section 1 of such Article and shall therefore not be a citi5 zen of the United States or of any State solely by reason

6 of birth within the United States.

7 SEC. 702. CONSTITUTIONAL VOTING PRIVILEGE.

8 In the exercise of its powers under section 5 of the

9 Fourteenth Article of Amendment to the Constitution of

10 the United States to enforce the prohibition of section 1

11 of such Article against the making or enforcing of any law

12 that shall abridge the privileges or immunities of citizens

13 of the United States, the Congress determines that the

14 right of citizens to vote is a privilege of citizens of the

15 United States and that voting in elections of the United

16 States or of any State by persons who are not citizens

17 of the United States is an abridgement of that privilege.

18 It shall be unlawful, and a misdemeanor punishable by a

19 fine of not more than $1,000 and/or imprisonment of not

20 more than 30 days for each unlawful vote, for any person

21 who is not a citizen of the United States to vote in any

22 election to which the provisions of the Fifteenth, Nine23 teenth, Twenty-Fourth, or Twenty-Sixth Article of

24 Amendment to the Constitution applies or in any other

25 election, referendum, ballot, or other procedure of the
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1 United States or of any State in which votes are taken.

2 Any vote that is cast in violation of this section shall be

3 null, void, and of no effect and shall not be counted.

4 SEC. 703. NATURALIZATION.

5 (a) REQUIREMENTS FOR NON-ELDERLY ALIENS.—

6 Section 312 of the Immigration and Nationality Act (8

7 U.S.C. 1423) is amended by—

8 (1) striking all that follows ‘‘this Act,’’ in para9 graph (1) and inserting ‘‘is over 65 years of age and

10 has been living in the United States for periods to11 taling at least 20 years subsequent to a lawful ad12 mission for permanent residence.’’;

13 (2) striking ‘‘and’’ after ‘‘applicant;’’ in para14 graph (1);

15 (3) striking ‘‘the period’’ after ‘‘United States’’

16 in subsection (2) and inserting ‘‘; and’’; and

17 (4) adding the following sentence after para18 graph (2): ‘‘The demonstration required by this sec19 tion shall be made in the physical presence of an em20 ployee of the Immigration and Naturalization Serv21 ice.’’.

22 (b) GOOD MORAL CHARACTER REQUIREMENT.—Sec23 tion 316 of the Immigration and Nationality Act (8 U.S.C.

24 1427) is amended by adding the following sentence at the

25 end of subsection (a): ‘‘Action by the alien to commit a
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1 fraud upon the Immigration and Naturalization Service

2 in connection with his own admission or to aid or abet

3 the commission of such a fraud by any other alien shall

4 be considered conclusive evidence that the alien lacks good

5 moral character.’’.

6 SEC. 704. LEGAL ACTIONS BY STATE AND LOCAL GOVERN7 MENTS.

8 (a) ACTIONS BY STATES AND THEIR POLITICAL SUB9 DIVISIONS.—The Immigration and Nationality Act is

10 amended by adding the following new section after section

11 293 (8 U.S.C. 1363):

12 ‘‘SEC. 294. ACTIONS BASED ON IMMIGRATION LAW VIOLA13 TIONS.

14 ‘‘(a) ACTIONS AGAINST THE UNITED STATES.—The

15 Governor or Attorney General of any State may commence

16 a civil suit on behalf of the State and any of its political

17 subdivisions against the head of any agency of the Federal

18 Government upon an allegation that the number of aliens

19 entering or residing in the State in violation of this Act

20 has increased, is increasing, or is likely to increase by rea21 son of (1) a failure of such agency to perform within a

22 reasonable time any nondiscretionary act or duty under

23 an immigration-related law, (2) a policy of such agency

24 to authorize, encourage, or enable one or more classes of

25 excludable or deportable aliens to remain within the Unit-
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1 ed States or be employed within the United States, or (3)

2 a policy of such agency of releasing from the custody of

3 the United States excludable or deportable aliens without

4 effective provision for their prompt departure or return

5 to custody. Any such action shall be brought in a United

6 States district court for a district that is wholly or partly

7 within the State bringing the suit or in the United States

8 District Court for the District of Columbia. The district

9 court shall have jurisdiction to order the head of any agen10 cy of the United States to perform any act or duty re11 quired by an immigration-related law. If the court finds

12 that the actions or policies of the department or agency

13 were in willful and prolonged disregard of any immigra14 tion-related law, the court may order the United States

15 to reimburse the State or any of its political subdivisions

16 for the direct costs to the State or the political subdivision

17 attributable to such actions.

18 ‘‘(b) LITIGATION COSTS.—If an action under this

19 section is against a party other than a department or

20 agency of the United States, the court may award the

21 costs of litigation (including reasonable attorney and ex22 pert witness fees) to the prevailing party, whenever the

23 court determines such an award is appropriate.

24 ‘‘(c) DEFINITION.—For purposes of this section, the

25 term ‘immigration-related law’ means this Act and any
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1 Federal law that limits or prohibits the provision of finan2 cial assistance to ineligible aliens or the expenditure of

3 funds for the benefit of ineligible aliens.’’.

4 TITLE VIII—IMMIGRATION AND

5 NATURALIZATION SERVICE

6 SEC. 801. ESTABLISHMENT OF INDEPENDENT AGENCY.

7 For the purposes of maintaining order in the admis8 sion and departure of aliens, of protecting American work9 ers from unfair competition with alien workers, and of pro10 tecting the general public from crime, terrorism, abuse of

11 public benefits and facilities, environmental degradation,

12 and other adverse consequences of uncontrolled entry of

13 person or property across the borders of the United

14 States, the Immigration and Naturalization Service is es15 tablished as an agency of the United States Government

16 outside of the Department of Justice. The Immigration

17 and Naturalization Service shall execute and enforce the

18 provisions of the Immigration and Nationality Act. The

19 funds, property, and personnel of the Immigration and

20 Naturalization Service of the Department of Justice are

21 transferred to the Immigration and Naturalization Service

22 that is established by this section.

23 SEC. 802. CONFORMING AMENDMENTS.

24 (a) The Immigration and Nationality Act is amend25 ed—
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1 (1) by striking ‘‘of the Department of Justice’’

2 in section 101(a)(34);

3 (2) by striking ‘‘which are conferred upon the

4 Attorney General as may be delegated to him by the

5 Attorney General or which may be prescribed by the

6 Attorney General’’ in section 103(b); and

7 (3) by striking ‘‘Attorney General’’ from all sec8 tions of the Act except section 101(a)(5) and insert9 ing ‘‘Commissioner’’.

10 (b) Sections 1551 and 1552 of title 8, United States

11 Code, are repealed.

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