II

104TH CONGRESS

2D SESSION S. 2191

To amend the Immigration and Nationality Act, the Personal Responsibility

and Work Opportunity Reconciliation Act of 1996, and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, to modify

provisions of law relating to public assistance and benefits for aliens.

IN THE SENATE OF THE UNITED STATES

OCTOBER 3, 1996

Mr. SIMPSON (for himself and Mr. KYL) introduced the following bill; which

was read twice and referred to the Committee on the Judiciary

A BILL

To amend the Immigration and Nationality Act, the Personal

Responsibility and Work Opportunity Reconciliation Act

of 1996, and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, to modify provisions

of law relating to public assistance and benefits for

aliens.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE; AMENDMENTS TO IMMIGRATION

2 AND NATIONALITY ACT; TABLE OF CON3 TENTS; SEVERABILITY.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Alien Public Assistance Benefits Amendments of 1996’’.

6 (b) AMENDMENTS TO IMMIGRATION AND NATIONAL7 ITY ACT.—Except as otherwise specifically provided,

8 whenever in this Act an amendment or repeal is expressed

9 as the amendment or repeal of a section or other provision,

10 the reference shall be considered to be made to that sec11 tion or provision in the Immigration and Nationality Act.

12 (c) TABLE OF CONTENTS.—The table of contents for

13 this Act is as follows:

Sec. 1. Short title; amendments to Immigration and Nationality Act; table of

contents; severability.

TITLE I—AFFIDAVITS OF SUPPORT

Sec. 101. Application of affidavits of support to means-tested public benefits.

Sec. 102. Increasing income as a percentage of poverty for affidavits of support.

TITLE II—PUBLIC CHARGE DEPORTATION

Sec. 201. Ground for deportation.

TITLE III—ATTRIBUTION OF SPONSOR’S INCOME

Sec. 301. Application of deeming to current immigrants.

TITLE IV—INELIGIBILITY OF ILLEGAL ALIENS FOR PUBLIC

ASSISTANCE AND BENEFITS

Sec. 401. Authorization of States to deny driver’s licenses to illegal aliens.

Sec. 402. Social Security benefits.

Sec. 403. Denial of treatment of HIV infection for illegal aliens.

TITLE V—ENHANCED VERIFICATION OF ELIGIBILITY BASED ON

CITIZENSHIP OR IMMIGRATION STATUS

Sec. 501. Requiring proof of identity for certain public assistance.

Sec. 502. Authorization for States to require proof of eligibility for State programs.
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Sec. 503. No verification requirement for nonprofit charitable organizations.

Sec. 504. Verification of student eligibility for postsecondary Federal student financial assistance.

TITLE VI—HOUSING ASSISTANCE.

Sec. 601. Short title; superseding of other provisions.

Sec. 602. Prorating of financial assistance.

Sec. 603. Actions in cases of termination of financial assistance.

Sec. 604. Verification of immigration status and eligibility for financial assistance.

Sec. 605. Prohibition of sanctions against entities making financial assistance

eligibility determinations.

Sec. 606. Regulations.

Sec. 607. Report on housing assistance programs.

TITLE VII—MISCELLANEOUS PROVISIONS

Sec. 701. Unemployment benefits.

Sec. 702. Repeal of Food Stamp transition provision.

Sec. 703. Computation of targeted assistance.

Sec. 704. Addition to reports.

TITLE VIII—GENERAL PROVISIONS

Sec. 801. Effective dates.

Sec. 802. Not applicable to foreign assistance.

Sec. 803. Notification.

Sec. 804. Definitions.

1 TITLE I—AFFIDAVITS OF

2 SUPPORT

3 SEC. 101. APPLICATION OF AFFIDAVITS OF SUPPORT TO

4 MEANS-TESTED PUBLIC BENEFITS.

5 Section 213A, as amended by section 551(a) of the

6 Illegal Immigration Reform and Immigrant Responsibility

7 Act of 1996, is amended—

8 (1) in subsection (a)(1)(B), by striking ‘‘sub9 section (e)’’ and inserting ‘‘subsection (g)’’;

10 (2) in subsection (a)(3)(A), by striking ‘‘Fed11 eral means-tested public benefit (as provided under

12 section 403 of the Personal Responsibility and Work
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1 Opportunity Reconciliation Act of 1996)’’ and in2 serting ‘‘means-tested public benefit (as defined in

3 subsection (g))’’;

4 (3) in the last sentence of subsection (a)(3)(B),

5 by striking ‘‘Federal means-tested public benefit (as

6 provided under section 403 of the Personal Respon7 sibility and Work Opportunity Reconciliation Act of

8 1996)’’ and inserting ‘‘means-tested public benefit’’;

9 (4) in subsection (d)(2)(B), by striking ‘‘any

10 means-tested public benefits (other than benefits de11 scribed in section 401(b), 403(c)(2), or 411(b) of the

12 Personal Responsibility and Work Opportunity Rec13 onciliation Act of 1996)’’ and inserting ‘‘any benefit

14 described in section 241(a)(5)(D)’’; and

15 (5) by inserting after subsection (f) the follow16 ing new subsection:

17 ‘‘(e) MEANS-TESTED PUBLIC BENEFIT.—For pur18 poses of this section—

19 ‘‘(1) IN GENERAL.—Subject to paragraph (2),

20 the term ‘means-tested public benefit’ means any

21 public benefit (including cash, medical, housing,

22 food, and social services) provided or funded in

23 whole or in part by the Federal Government, or of

24 a State or political subdivision of a State, in which

25 the eligibility of an individual, household, or family
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1 eligibility unit for such benefit or the amount of

2 such benefit, or both are determined on the basis

3 of income, resources, or financial need of the individ4 ual, household, or unit.

5 ‘‘(2) EXCEPTIONS.—Such term does not include

6 the following benefits:

7 ‘‘(A) Short-term noncash emergency disas8 ter relief.

9 ‘‘(B) Assistance or benefits under—

10 ‘‘(i) the National School Lunch Act

11 (42 U.S.C. 1751 et seq.);

12 ‘‘(ii) the Child Nutrition Act of 1966

13 (42 U.S.C. 1771 et seq.);

14 ‘‘(iii) section 4 of the Agriculture and

15 Consumer Protection Act of 1973 (Public

16 Law 93–86; 7 U.S.C. 612c note);

17 ‘‘(iv) the Emergency Food Assistance

18 Act of 1983 (Public Law 98–8; 7 U.S.C.

19 612c note);

20 ‘‘(v) section 110 of the Hunger Pre21 vention Act of 1988 (Public Law 100–435;

22 7 U.S.C. 612c note); and

23 ‘‘(vi) the food distribution program on

24 Indian reservations established under sec-
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1 tion 4(b) of Public Law 88–525 (7 U.S.C.

2 2013(b)).

3 ‘‘(C) Public health assistance for immuni4 zations and, if the Secretary of Health and

5 Human Services determines that it is necessary

6 to prevent the spread of a serious commu7 nicable disease, for testing and treatment for

8 such disease (which may not include treatment

9 for HIV infection or acquired immune defi10 ciency syndrome).

11 ‘‘(D) Benefits under programs of student

12 assistance under titles IV, V, IX, and X of the

13 Higher Education Act of 1965 and titles III,

14 VII, and VIII of the Public Health Service Act.

15 ‘‘(E) Benefits under any means-tested pro16 grams under the Elementary and Secondary

17 Education Act of 1965.

18 ‘‘(F) Such other in-kind service or noncash

19 assistance (such as soup kitchens, crisis coun20 seling, intervention (including intervention for

21 domestic violence) and short-term, shelter) as

22 the Attorney General specifies, in the Attorney

23 General’s sole and unreviewable discretion, after

24 consultation with the heads of appropriate Fed25 eral agencies, if—
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1 ‘‘(i) such service or assistance is deliv2 ered at the community level, including

3 through public or private nonprofit agen4 cies;

5 ‘‘(ii) such service or assistance is nec6 essary for the protection of life, safety, or

7 public health; and

8 ‘‘(iii) such service or assistance or the

9 amount or cost of such service or assist10 ance is not conditioned on the recipient’s

11 income or resources.’’.

12 SEC. 102. INCREASING INCOME AS A PERCENTAGE OF POV13 ERTY FOR AFFIDAVITS OF SUPPORT.

14 Section 213A, of the Illegal Immigration Reform and

15 Immigrant Responsibility Act of 1996, is amended—

16 (1) in subsection (a)(1)(A), by striking ‘‘125

17 percent’’ and inserting ‘‘appropriate percentage (ap18 plicable to the sponsor under subsection (f))’’,

19 (2) by amending subparagraph (E) of sub20 section (g)(1) to read as follows:

21 ‘‘(E) demonstrates (as provided in para22 graph (6)) the means to maintain an annual in23 come equal to at least 200 percent of the Fed24 eral poverty line (or in the case of an affidavit
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1 for a spouse or minor child of the petitioner

2 140 percent of the Federal poverty line).’’;

3 (3) by amending paragraph (2) of subsection

4 (g) to read as follows:

5 ‘‘(2) INCOME REQUIREMENT CASE.—Such term

6 also includes an individual who does not meet the re7 quirement of paragraph (1)(E) but demonstrates (as

8 provided in paragraph (6)) the means to maintain

9 an annual income equal to at least 125 percent of

10 the Federal poverty line and accepts joint and sev11 eral liability together with an individual under para12 graph (5).’’; and

13 (4) by amending paragraphs (4) and (5) of sub14 section (g) to read as follows:

15 ‘‘(4) CERTAIN EMPLOYMENT-BASED IMMI16 GRANTS CASE.—Such term also includes an individ17 ual—

18 ‘‘(A) who does not meet the requirement of

19 paragraph (1)(D), but is the relative of the

20 sponsored alien who filed a classification peti21 tion for the sponsored alien as an employment22 based immigrant under section 203(b) or who

23 has a significant ownership interest in the en24 tity that filed such a petition; and
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1 ‘‘(B)(i) who demonstrates (as provided

2 under paragraph (6)) the means to maintain an

3 annual income equal to at least 200 percent of

4 the Federal poverty line (or in the case of an

5 affidavit for a spouse or minor child of the peti6 tioner 140 percent of the Federal poverty line),

7 or

8 ‘‘(ii) does not meet the requirement of

9 paragraph (1)(E) but demonstrates (as pro10 vided in paragraph (6)) the means to maintain

11 an annual income equal to at least 125 percent

12 of the Federal poverty line and accepts joint

13 and several liability together with an individual

14 under paragraph (5).

15 ‘‘(5) NON-PETITIONING CASE.—Such term also

16 includes an individual who does not meet the re17 quirement of paragraph (1)(D) but who accepts joint

18 and several liability with a petitioning sponsor under

19 paragraph (2) or relative of an employment-based

20 immigrant under paragraph (4) and who dem21 onstrates (as provided under paragraph (6)) the

22 means to maintain an annual income equal to at

23 least 200 percent of the Federal poverty line (or in

24 the case of an affidavit for a spouse or minor child
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1 of the petitioner 140 percent of the Federal poverty

2 line).’’;

3 (5) by striking clause (ii) of subsection

4 (g)(6)(A) and redesignating clause (iii) of such sub5 section as clause (ii).

6 TITLE II—PUBLIC CHARGE

7 DEPORTATION

8 SEC. 201. GROUND FOR DEPORTATION.

9 (a) IMMIGRANTS.—Section 241(a)(5) (8 U.S.C.

10 1251(a)(5)) is amended to read as follows:

11 ‘‘(5) PUBLIC CHARGE.—

12 ‘‘(A) IN GENERAL.—

13 ‘‘(i) Except as provided in subpara14 graph (B), an immigrant who during the

15 public charge period becomes a public

16 charge, regardless of when the cause for

17 becoming a public charge arises, is deport18 able.

19 ‘‘(ii) The immigrant shall be subject

20 to deportation under this paragraph only if

21 the deportation proceeding is initiated not

22 later than the end of the 7-year period be23 ginning on the last date the immigrant re24 ceives a benefit described in subparagraph

25 (D) during the public charge period.
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1 ‘‘(B) EXCEPTIONS.—Subparagraph (A)

2 shall not apply—

3 ‘‘(i) to an alien granted asylum under

4 section 208;

5 ‘‘(ii) to an alien admitted as a refugee

6 under section 207; or

7 ‘‘(iii) if the cause of the alien’s becom8 ing a public charge—

9 ‘‘(I) arose after entry in the case

10 of an alien who entered as an immi11 grant or after adjustment to lawful

12 permanent resident status in the case

13 of an alien who entered as a non14 immigrant, and

15 ‘‘(II) was a physical illness or

16 physical injury so serious the alien

17 could not work at any job, or was a

18 mental disability that required contin19 uous institutionalization.

20 ‘‘(C) DEFINITIONS.—

21 ‘‘(i) PUBLIC CHARGE PERIOD.—For

22 purposes of subparagraph (A), the term

23 ‘public charge period’ means the period

24 ending 7 years after the date on which the

25 alien attains the status of an alien lawfully
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1 admitted for permanent residence (or at2 tains such status on a conditional basis).

3 ‘‘(ii) PUBLIC CHARGE.—For purposes

4 of subparagraph (A), the term ‘public

5 charge’ includes any alien who receives

6 benefits described in subparagraph (D) for

7 an aggregate period of at least 12 months

8 or 36 months in the case of an alien de9 scribed in subparagraph (E).

10 ‘‘(D) BENEFITS DESCRIBED.—

11 ‘‘(i) IN GENERAL.—Subject to clause

12 (ii), the benefits described in this subpara13 graph are means-tested public benefits de14 fined under section 213A(g)(1).

15 ‘‘(ii) EXCEPTIONS.—Benefits de16 scribed in this subparagraph shall not in17 clude the following:

18 ‘‘(I) Any benefits to which the

19 exceptions described in section

20 213A(g)(2) apply.

21 ‘‘(II) Emergency medical assist22 ance (as defined in subparagraph

23 (F)).

24 ‘‘(III) Payments for foster care

25 and adoption assistance under parts B
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1 and E of title IV of the Social Secu2 rity Act made on the child’s behalf

3 under such part.

4 ‘‘(IV) Benefits under laws admin5 istered by the Secretary of Veterans

6 Affairs and any other benefit available

7 by reason of service in the United

8 States Armed Forces.

9 ‘‘(V) Benefits under the Head

10 Start Act.

11 ‘‘(VI) Benefits under the Job

12 Training Partnership Act.

13 ‘‘(VII) Benefits under any Eng14 lish as a second language program.

15 ‘‘(iii) SUCCESSOR PROGRAMS.—Bene16 fits described in this subparagraph shall

17 include any benefits provided under any

18 successor program as identified by the At19 torney General in consultation with other

20 appropriate officials.

21 ‘‘(E) SPECIAL RULE FOR BATTERED

22 SPOUSE AND CHILD.—Subject to the second

23 sentence of this subparagraph, an alien is de24 scribed under this subparagraph if the alien

25 demonstrates that—
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1 ‘‘(i)(I) the alien has been battered or

2 subjected to extreme cruelty in the United

3 States by a spouse or a parent, or by a

4 member of the spouse or parent’s family

5 residing in the same household as the alien

6 and the spouse or parent consented or ac7 quiesced to such battery or cruelty, or (II)

8 the alien’s child has been battered or sub9 jected to extreme cruelty in the United

10 States by a spouse or parent of the alien

11 (without the active participation of the

12 alien in the battery or cruelty), or by a

13 member of the spouse or parent’s family

14 residing in the same household as the alien

15 when the spouse or parent consented or ac16 quiesced to and the alien did not actively

17 participate in such battery or cruelty;

18 ‘‘(ii) the need for benefits described in

19 subparagraph (D) beyond an aggregate pe20 riod of 12 months has a substantial con21 nection to the battery or cruelty described

22 in clause (i); and

23 ‘‘(iii) any battery or cruelty under

24 clause (i) has been recognized in an order
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1 of a judge or an administrative law judge

2 or a prior determination of the Service.

3 An alien shall not be considered to be described

4 under this subparagraph during any period in which

5 the individual responsible for such battery or cruelty

6 resides in the same household or family eligibility

7 unit as the individual subjected to such battery or

8 cruelty.

9 ‘‘(F) EMERGENCY MEDICAL ASSIST10 ANCE.—

11 ‘‘(i) IN GENERAL.—For purposes of

12 subparagraph (C)(ii)(II), the term ‘emer13 gency medical assistance’ means medical

14 assistance under title XIX of the Social

15 Security Act (or any successor program to

16 such title) for care and services that are

17 necessary for the treatment of an emer18 gency medical condition of the alien in19 volved and are not related to an organ

20 transplant procedure.

21 ‘‘(ii) EMERGENCY MEDICAL CONDITION

22 DEFINED.—For purposes of this subparagraph,

23 the term ‘emergency medical condition’ means a

24 medical condition (including emergency labor

25 and delivery) manifesting itself by acute symp-
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1 toms of sufficient severity (including severe

2 pain) such that the absence of immediate medi3 cal attention could reasonably be expected to re4 sult in—

5 ‘‘(I) placing the patient’s health in se6 rious jeopardy,

7 ‘‘(II) serious impairment to bodily

8 functions, or

9 ‘‘(III) serious dysfunction of any bod10 ily organ or part.’’.

11 (b) EXCLUSION AND DEPORTATION OF NON12 IMMIGRANTS COMMITTING FRAUD OR MISREPRESENTA13 TION IN OBTAINING BENEFITS.—

14 (1) EXCLUSION.—Section 212(a)(6)(C) (8

15 U.S.C. 1182(a)(6)(C)), as amended by section

16 344(a) of the Illegal Immigration Reform and Immi17 grant Responsibility Act of 1996, is amended—

18 (A) by redesignating clause (iii) as clause

19 (iv), and

20 (B) by inserting after clause (ii) the follow21 ing clause (iii):

22 ‘‘(iii) NONIMMIGRANT PUBLIC BENE23 FIT RECIPIENTS.—Any alien who was ad24 mitted as a nonimmigrant and who has ob25 tained benefits for which the alien was in-
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1 eligible, through fraud or misrepresenta2 tion, under Federal law is excludable for a

3 period of 5 years from the date of the

4 alien’s departure from the United States.’’.

5 (2) DEPORTATION.—Section 241(a)(1)(C) (8

6 U.S.C. 1251(a)(1)(C)) is amended by adding after

7 clause (ii) the following:

8 ‘‘(iii) NONIMMIGRANT PUBLIC BENE9 FIT RECIPIENTS.—Any alien who was ad10 mitted as a nonimmigrant and who has ob11 tained through fraud or misrepresentation

12 benefits for which the alien was ineligible

13 under Federal law is deportable.’’.

14 (c) INELIGIBILITY TO NATURALIZATION FOR ALIENS

15 DEPORTABLE AS PUBLIC CHARGE.—

16 (1) IN GENERAL.—Chapter 2 of title III of the

17 Act is amended by inserting after section 315 the

18 following new section:

19 ‘‘INELIGIBILITY TO NATURALIZATION FOR PERSONS

20 DEPORTABLE AS PUBLIC CHARGE

21 ‘‘SEC. 315A. (a) A person shall not be naturalized

22 if the person is deportable as a public charge under section

23 241(a)(5).

24 ‘‘(b) An applicant for naturalization shall provide a

25 written attestation, under penalty of perjury, as part of

26 the application for naturalization that the applicant is not
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1 deportable as a public charge under section 241(a)(5) to

2 the best of the applicant’s knowledge.

3 ‘‘(c) The Attorney General shall make a determina4 tion that each applicant for naturalization is not deport5 able as a public charge under section 241(a)(5).’’.

6 (2) CLERICAL AMENDMENT.—The table of con7 tents is amended by inserting after the item relating

8 to section 315 the following:

‘‘Sec. 315A. Ineligibility to naturalization for persons deportable as public

charge’’.

9 (d) EFFECTIVE DATES.—

10 (1) SUBSECTION (a).—

11 (A) IN GENERAL.—Except as provided in

12 this paragraph, the amendment made by sub13 section (a) shall apply only to aliens who obtain

14 the status of an alien lawfully admitted for per15 manent residence more than 30 days after the

16 date of the enactment of this Act.

17 (B) APPLICATION TO CURRENT ALIENS.—

18 Such amendments shall apply also to aliens who

19 obtained the status of an alien lawfully admit20 ted for permanent residence less than 30 days

21 after the date of the enactment of this Act, but

22 only with respect to benefits received after the

23 1-year period beginning on the date of enact-
19

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1 ment and benefits received before such period

2 shall not be taken into account.

3 (2) SUBSECTION (b).—The amendments made

4 by subsection (b) shall take effect on the date of the

5 enactment of this Act and shall apply to fraud or

6 misrepresentation committed before, on, or after

7 such date.

8 (3) SUBSECTION (c).—The amendments made

9 by subsection (c) shall take effect on the date of the

10 enactment of this Act and shall apply to applications

11 submitted on or after 30 days after the date of the

12 enactment of this Act.

13 TITLE III—ATTRIBUTION OF

14 SPONSOR’S INCOME

15 SEC. 301. APPLICATION OF DEEMING TO CURRENT IMMI16 GRANTS.

17 (a) IN GENERAL.—Section 421 of the Personal Re18 sponsibility and Work Opportunity Reconciliation Act of

19 1996 (8 U.S.C. 1631), as amended by section 552 of the

20 Illegal Immigration Reform and Immigrant Responsibility

21 Act of 1996, is amended by adding at the end the follow22 ing new subsection:

23 ‘‘(g) APPLICATION OF DEEMING TO CURRENT IMMI24 GRANTS.—
20

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1 (1) IN GENERAL.—Subject to paragraph (2),

2 for an alien for whom an affidavit of support has

3 been executed other than as required under section

4 213A of the Immigration and Nationality Act, the

5 requirement of subsection (a) shall apply for a pe6 riod of 5 years beginning on the day such alien was

7 provided lawful permanent resident status after the

8 execution of such affidavit or agreement, but in no

9 case after the date of naturalization of the alien.

10 (2) EXCEPTION.—Subsection (a) shall not

11 apply and the period of attribution of a sponsor’s in12 come and resources under this subsection with re13 spect to an alien shall terminate at such time as an

14 affidavit of support of such sponsor with respect to

15 the alien becomes no longer enforceable under sec16 tion 213A(a)(3) of the Immigration and Nationality

17 Act.’’.

18 (b) APPLICATION.—

19 (1) IN GENERAL.—The amendment made by

20 subsection (a) shall apply with respect to determina21 tions of eligibility and amount of benefits for individ22 uals for whom an application is filed on or after the

23 first day of the first month beginning more than 60

24 days after the date of the enactment of this Act.
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1 (2) REDETERMINATIONS.—Such amendment

2 shall apply with respect to any redetermination of

3 eligibility and amount of benefits occurring on or

4 after the date determined under paragraph (1).

5 TITLE IV—INELIGIBILITY OF IL6 LEGAL ALIENS FOR PUBLIC

7 ASSISTANCE AND BENEFITS

8 SEC. 401. AUTHORIZATION OF STATES TO DENY DRIVER’S

9 LICENSES TO ILLEGAL ALIENS.

10 Any State is authorized to deny a driver’s license to

11 any alien who is not lawfully present in the United States.

12 SEC. 402. SOCIAL SECURITY BENEFITS.

13 (a) NO CREDITING FOR UNAUTHORIZED EMPLOY14 MENT.—

15 (1) IN GENERAL.—Section 210 of the Social

16 Security Act (42 U.S.C. 410) is amended by adding

17 at the end the following new subsection:

18 ‘‘Demonstration of Required Citizenship Status

19 ‘‘(s) For purposes of this title, service performed by

20 an individual in the United States shall constitute ‘em21 ployment’ only if it is demonstrated to the satisfaction of

22 the Commissioner of Social Security that such service was

23 performed by such individual while such individual was a

24 citizen, a national, a permanent resident, or otherwise au-
22

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1 thorized to be employed in the United States in such serv2 ice.’’.

3 (2) EFFECTIVE DATE.—The amendment made

4 by paragraph (1) shall apply with respect to services

5 performed after December 31, 1996.

6 (b) TRADE OR BUSINESS.—

7 (1) IN GENERAL.—Section 211 of such Act (42

8 U.S.C. 411) is amended by adding at the end the

9 following new subsection:

10 ‘‘Demonstration of Required Citizenship Status

11 ‘‘(j) For purposes of this title, a trade or business

12 (as defined in subsection (c)) carried on in the United

13 States by any individual shall constitute a ‘trade or busi14 ness’ only if it is demonstrated to the satisfaction of the

15 Commissioner of Social Security that such trade or busi16 ness (as so defined) was carried on by such individual

17 while such individual was a citizen, a national, a perma18 nent resident, or otherwise lawfully present in the United

19 States carrying on such trade or business.’’.

20 (2) EFFECTIVE DATE.—The amendment made

21 by paragraph (1) shall apply with respect to any

22 trade or business carried on after December 31,

23 1996.

24 (c) CONSTRUCTION.—Nothing in the amendments

25 made by this section shall be construed to affect the appli-
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1 cation of chapter 2 or chapter 21 of the Internal Revenue

2 Code of 1986.

3 SEC. 403. DENIAL OF TREATMENT OF HIV INFECTION FOR

4 ILLEGAL ALIENS.

5 Section 401(b)(1)(C) of the Personal Responsibility

6 and Work Opportunity Reconciliation Act of 1996 (8

7 U.S.C. 1611(b)(1)(C)) is amended by inserting ‘‘(which

8 may not include treatment for HIV infection or acquired

9 immune deficiency syndrome)’’ before the period at the

10 end.

11 TITLE V—ENHANCED VERIFICA12 TION OF ELIGIBILITY BASED

13 ON CITIZENSHIP OR IMMI14 GRATION STATUS

15 SEC. 501. REQUIRING PROOF OF IDENTITY FOR CERTAIN

16 PUBLIC ASSISTANCE.

17 (a) REVISION OF SAVE PROGRAM.—

18 (1) IN GENERAL.—Paragraph (2) of section

19 1137(d) of the Social Security Act (42 U.S.C.

20 1320b–7(d)) is amended to read as follows:

21 ‘‘(2) There must be presented the item (or

22 items) described in one of the following subpara23 graphs for that individual:

24 ‘‘(A) A United States passport (either cur25 rent or expired if issued both within the pre-
24

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1 vious 12 years and after the individual attained

2 18 years of age).

3 ‘‘(B) A resident alien card or an alien reg4 istration card, if the card (i) contains a photo5 graph of the individual and (ii) contains secu6 rity features to make it resistant to tampering,

7 counterfeiting, and fraudulent use.

8 ‘‘(C) A driver’s license or similar document

9 issued for the purpose of identification by a

10 State, if it contains a photograph of the individ11 ual.

12 ‘‘(D) If the individual attests to being a

13 citizen or national of the United States and

14 that the individual does not have other docu15 mentation under this paragraph (under penalty

16 of perjury), such other documents or evidence

17 that identify the individual as the Attorney

18 General may designate as constituting reason19 able evidence indicating United States citizen20 ship or nationality.’’.

21 (2) TEMPORARY ELIGIBILITY FOR BENEFITS.—

22 Section 1137(d) of such Act is further amended by

23 adding after paragraph (5) the following new para24 graph (6):
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1 ‘‘(6) If at the time of application for benefits,

2 the documentation under paragraph (2) is not pre3 sented or verified, such benefits may be provided to

4 the applicant for not more than 2 months, if—

5 ‘‘(A) the applicant provides a written attes6 tation (under penalty of perjury) that the appli7 cant is a citizen or national of the United

8 States, or

9 ‘‘(B) the applicant provides documentation

10 certified by the Department of State or the De11 partment of Justice, which the Attorney Gen12 eral determines constitutes reasonable evidence

13 indicating satisfactory immigration status.’’.

14 (3) CONFORMING AMENDMENTS.—Section

15 1137(d) of such Act is further amended in para16 graph (3), by striking ‘‘(2)(A) is presented’’ and in17 serting ‘‘(2)(B) is presented and contains the indi18 vidual’s alien admission number or alien file number

19 (or numbers if the individual has more than one

20 number)’’.

21 (b) SSI.—Section 1631(e) of such Act (42 U.S.C.

22 1383(e)(7)) is amended by adding at the end the following

23 new paragraph:

24 ‘‘(8) The Commissioner of Social Security shall pro25 vide for the application under this title of rules similar
26

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1 to the requirements of section 1137(d), insofar as they

2 apply to the verification of immigration or citizenship sta3 tus for eligibility for supplemental security income benefits

4 under this title.’’.

5 (c) REVISION IN PROCEDURES FOR PROOF OF CITI6 ZENSHIP.—Section 432(a)(2) of the Personal Responsibil7 ity and Work Opportunity Reconciliation Act of 1996 (8

8 U.S.C. 1642(a)(2)), as added by section 504(2) of the Ille9 gal Immigration Reform and Immigrant Responsibility

10 Act of 1996, is amended by striking all that follows ‘‘citi11 zenship’’ up to the period at the end.

12 (d) EFFECTIVE DATE.—

13 (1) IN GENERAL.—This section shall apply to

14 application for benefits filed on or after such date as

15 the Attorney General specifies in regulations under

16 paragraph (2). Such date shall be at least 60 days,

17 and not more than 90 days, after the date the Attor18 ney General first issues such regulations.

19 (2) REGULATIONS.—The Attorney General (in

20 consultation with the heads of other appropriate

21 agencies) shall first issue regulations to carry out

22 this section (and the amendments made by this sec23 tion) not later than 180 days after the date of the

24 enactment of this Act. Such regulations shall be ef-
27

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1 fective on an interim basis, pending change after op2 portunity for public comment.

3 SEC. 502. AUTHORIZATION FOR STATES TO REQUIRE

4 PROOF OF ELIGIBILITY FOR STATE PRO5 GRAMS.

6 (a) IN GENERAL.—In carrying out this title (and the

7 amendments made by this title), subject to section 510,

8 a State or political subdivision is authorized to require an

9 applicant for benefits under a program of a State or politi10 cal subdivision to provide proof of eligibility consistent

11 with the provisions of this title.

12 (b) EFFECTIVE DATE.—This section shall take effect

13 on the date of the enactment of this Act.

14 SEC. 503. NO VERIFICATION REQUIREMENT FOR NON15 PROFIT CHARITABLE ORGANIZATIONS.

16 Subsection (d) of section 432 of the Personal Respon17 sibility and Work Opportunity Reconciliation Act of 1996

18 (8 U.S.C. 1642(d)), as added by section 508 of the Illegal

19 Immigration Reform and Immigrant Responsibility Act of

20 1996, is amended to read as follows:

21 ‘‘(d) NO VERIFICATION REQUIREMENT FOR NON22 PROFIT CHARITABLE ORGANIZATIONS.—

23 ‘‘(1) IN GENERAL.—Subject to paragraph (2)

24 and notwithstanding any other provision of this title,

25 a nonprofit charitable organization, in providing any
28

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1 Federal public benefit (as defined in section 401(c))

2 or any State or local public benefit (as defined in

3 section 411(c)), but not including any hospital bene4 fit, as defined by the Attorney General in consulta5 tion with Secretary of Health and Human Services)

6 is not required to determine, verify, or otherwise re7 quire proof of eligibility of any applicant for such

8 benefits.

9 ‘‘(2) REQUIREMENT OF STATE OR FEDERAL

10 DETERMINATION OF ELIGIBILITY.—

11 ‘‘(A) IN GENERAL.—Except as provided in

12 subparagraph (C), in order for a nonprofit

13 charitable organization to provide to an appli14 cant any benefit to which paragraph (1) ap15 plies, the organization shall obtain the follow16 ing:

17 ‘‘(i) In the case of a citizen or na18 tional of the United States, a written at19 testation (under penalty of perjury) that

20 the applicant is a citizen or national of the

21 United States.

22 ‘‘(ii) In the case of an alien and sub23 ject to subparagraph (B), written verifica24 tion, from an appropriate State or Federal

25 agency, of the applicant’s eligibility for as-
29

•S 2191 IS

1 sistance or benefits and the amount of as2 sistance or benefits for which the applicant

3 is eligible.

4 ‘‘(B) NO NOTIFICATION WITHIN 10

5 DAYS.—If the organization is not notified with6 in 10 business days after a request of an appro7 priate State or Federal agency for verification

8 under subparagraph (A)(i), the requirement

9 under subparagraph (A) shall not apply to any

10 benefit to which paragraph (1) applies provided

11 to such applicant by the organization until 30

12 calendar days after such notification is received.

13 ‘‘(C) LIMITATIONS.—

14 ‘‘(i) PRIVATE FUNDS.—The require15 ment under subparagraph (A) shall not

16 apply to assistance or benefits provided

17 through private funds.

18 ‘‘(ii) SECTION 401 EXCEPTED BENE19 FITS.—The requirement under subpara20 graph (A) shall not apply to assistance or

21 benefits described in section 401(b) which

22 are not subject to the limitations of section

23 401(a).

24 ‘‘(D) ADMINISTRATION.—
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1 ‘‘(i) IN GENERAL.—The Attorney

2 General shall through regulation provide

3 for an appropriate procedure for the ver4 ification required under subparagraph

5 (A)(ii).

6 ‘‘(ii) TIME PERIOD FOR RESPONSE.—

7 The appropriate State or Federal agencies

8 shall provide for a response to a request

9 for verification under subparagraph (A)(ii)

10 of an applicant’s eligibility under section

11 401(a) and the amount of eligibility under

12 section 421 (or comparable provisions of

13 State law as authorized under section 422)

14 not later than 10 business days after the

15 date the request is made.

16 ‘‘(iii) RECORDKEEPING.—If the Attor17 ney General determines that recordkeeping

18 is required for the purposes of this sub19 section, the Attorney General may require

20 that such a record be maintained for not

21 more than 90 days.’’.
31

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1 SEC. 504. VERIFICATION OF STUDENT ELIGIBILITY FOR

2 POSTSECONDARY FEDERAL STUDENT FINAN3 CIAL ASSISTANCE.

4 No student shall be eligible for postsecondary Federal

5 student financial assistance unless—

6 (1) the student has certified that the student is

7 a citizen or national of the United States or an alien

8 lawfully admitted for permanent residence, and

9 (2) the Secretary of Education has verified such

10 certification.

11 TITLE VI—HOUSING ASSISTANCE

12 SEC. 601. SHORT TITLE; SUPERSEDING OF OTHER PROVI13 SIONS.

14 (a) SHORT TITLE.—This subtitle may be cited as the

15 ‘‘Use of Assisted Housing by Aliens Act of 1996’’.

16 (b) SUPERSEDING OTHER PROVISIONS.—The provi17 sions of subtitle E of title V of the Illegal Immigration

18 Reform and Immigrant Responsibility Act of 1996 are re19 pealed and the provisions of law amended by such subtitle

20 are restored as they were in effect before the date of the

21 enactment of such Act. The amendments made by this

22 subtitle shall be executed after the restoration made by

23 the previous sentence.
32

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1 SEC. 602. PRORATING OF FINANCIAL ASSISTANCE.

2 Section 214(b) of the Housing and Community De3 velopment Act of 1980 (42 U.S.C. 1436a(b)) is amend4 ed—

5 (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and

6 (2) by adding at the end the following new

7 paragraph:

8 ‘‘(2) If the eligibility for financial assistance of at

9 least one member of a family has been affirmatively estab10 lished under the program of financial assistance and under

11 this section, and the eligibility of one or more family mem12 bers has not been affirmatively established under this sec13 tion, any financial assistance made available to such fam14 ily by the Secretary of Housing and Urban Development

15 shall be prorated, based on the number of individuals in

16 the family for whom eligibility has been affirmatively es17 tablished under the program of financial assistance and

18 under this section, as compared with the total number of

19 individuals who are members of the family.’’.

20 SEC. 603. ACTIONS IN CASES OF TERMINATION OF FINAN21 CIAL ASSISTANCE.

22 (a) IN GENERAL.—Section 214(c)(1) of the Housing

23 and Community Development Act of 1980 (42 U.S.C.

24 1436a(c)(1)) is amended—

25 (1) in the matter preceding subparagraph (A)—
33

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1 (A) by striking ‘‘on the date of the enact2 ment of the Housing and Community Develop3 ment Act of 1987’’; and

4 (B) by striking ‘‘may, in its discretion,’’

5 and inserting ‘‘shall’’;

6 (2) in subparagraph (A), by adding at the end

7 the following new sentence: ‘‘Financial assistance

8 continued under this subparagraph for a family shall

9 be provided only on a prorated basis under which

10 the amount of financial assistance is based on the

11 percentage of the total number of members of the

12 family that are eligible for such assistance under the

13 program for financial assistance and under this sec14 tion.’’; and

15 (3) by striking subparagraph (B), and inserting

16 the following new subparagraph:

17 ‘‘(B) Defer the termination of financial assist18 ance, if necessary to permit the orderly transition of

19 the individual and any family members involved to

20 other housing, subject to the following requirements:

21 ‘‘(i) Except as provided in clause (ii), any

22 deferral under this subparagraph shall be for a

23 single 3-month period.

24 ‘‘(ii) The time period referred to in clause

25 (i) shall not apply in the case of a refugee
34

•S 2191 IS

1 under section 207 of the Immigration and Na2 tionality Act or an individual seeking asylum

3 under section 208 of such Act.’’.

4 (b) SCOPE OF APPLICATION.—

5 (1) IN GENERAL.—The amendment made by

6 subsection (a)(3) shall apply to any deferral granted

7 under section 214(c)(1)(B) of the Housing and

8 Community Development Act of 1980 on or after

9 the date of the enactment of this Act.

10 (2) TREATMENT OF DEFERRALS AND RENEW11 ALS GRANTED BEFORE ENACTMENT.—In the case of

12 any deferral which was granted or renewed under

13 section 214(c)(1)(B) of the Housing and Community

14 Development Act of 1980 before the date of the en15 actment of this Act—

16 (A) if the deferral or renewal expires be17 fore the expiration of the 3-month period begin18 ning upon such date of enactment, the deferral

19 or renewal may, upon expiration of the deferral

20 period, be renewed for not more than a single

21 additional 3-month period; and

22 (B) if the deferral or renewal expires on or

23 after the expiration of such 3-month period, the

24 deferral or renewal may not be renewed or ex25 tended.
35

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1 SEC. 604. VERIFICATION OF IMMIGRATION STATUS AND

2 ELIGIBILITY FOR FINANCIAL ASSISTANCE.

3 (a) IN GENERAL.—Section 214(d) of the Housing

4 and Community Development Act of 1980 (42 U.S.C.

5 1436a(d)) is amended—

6 (1) by striking the matter preceding paragraph

7 (1) and inserting the following:

8 ‘‘(d) No individual applying for financial assistance

9 shall receive such financial assistance before the affirma10 tive establishment and verification of the eligibility of the

11 individual under this subsection by the Secretary or other

12 appropriate entity, and the following conditions shall apply

13 with respect to financial assistance being or to be provided

14 for the benefit of an individual:’’;

15 (2) in paragraph (1)—

16 (A) in subparagraph (A), by adding at the

17 end the following: ‘‘If the declaration states

18 that the individual is not a citizen or national

19 of the United States and the individual is

20 younger than 62 years of age, the declaration

21 shall be verified by the Immigration and Natu22 ralization Service.’’;

23 (B) by striking subparagraph (B) and in24 serting the following new subparagraph:

25 ‘‘(B) In the case of any individual who is

26 younger than 62 years of age and is receiving or ap-
36

•S 2191 IS

1 plying for financial assistance, there must be pre2 sented the item (or items) described in one of the

3 following subparagraphs for that individual:

4 ‘‘(i) A United States passport (either cur5 rent or expired if issued both within the pre6 vious 20 years and after the individual attained

7 18 years of age).

8 ‘‘(ii) A resident alien card or an alien reg9 istration card, if the card (i) contains a photo10 graph of the individual and (ii) contains secu11 rity features to make it resistant to tampering,

12 counterfeiting, and fraudulent use.

13 ‘‘(iii) A driver’s license or similar docu14 ment issued for the purpose of identification by

15 a State, if it contains a photograph of the indi16 vidual.

17 ‘‘(iv) If the individual attests to being a

18 citizen or national of the United States and the

19 individual does not have other documentation

20 under this paragraph, such other documents or

21 evidence that identify the individual, as the At22 torney General may designate as constituting

23 reasonable evidence indicating United States

24 citizenship.’’.
37

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1 (3) by striking paragraph (2) and inserting the

2 following new paragraph:

3 ‘‘(2) In the case of an individual who is not a citizen

4 or national of the United States, is not 62 years of

5 age or older, and is applying for financial assistance,

6 the Secretary may not provide such assistance for

7 the benefit of the individual before such documenta8 tion is presented and verified under paragraph (3)

9 or (4).’’;

10 (4) in paragraph (3), by striking ‘‘(2)(A) is pre11 sented’’ and inserting ‘‘(1)(B)(ii) is presented and

12 contains the individual’s alien admission number or

13 alien file number (or numbers if the individual has

14 more than one number)’’

15 (5) in paragraph (4)—

16 (A) in the matter preceding subparagraph

17 (A)—

18 (i) by striking ‘‘on the date of the en19 actment of the Housing and Community

20 Development Act of 1987’’ and inserting

21 ‘‘or applying for financial assistance’’;

22 (ii) by striking ‘‘paragraph (2)’’ and

23 inserting ‘‘paragraph (1)(B)(ii)’’; and

24 (iii) by striking ‘‘paragraph (2)(A)’’

25 and inserting ‘‘paragraph (1)(B)(ii)’’;
38

•S 2191 IS

1 (B) in subparagraph (A)—

2 (i) in clause (i)—

3 (I) by inserting ‘‘, not to exceed

4 30 days,’’ after ‘‘reasonable oppor5 tunity’’; and

6 (II) by striking ‘‘and’’ at the end;

7 and

8 (ii) by striking clause (ii) and insert9 ing the following new clauses:

10 ‘‘(ii) in the case of any individual who

11 is receiving assistance, may not delay,

12 deny, reduce, or terminate the individual’s

13 eligibility for financial assistance on the

14 basis of the individual’s immigration status

15 until such 30-day period has expired, and

16 ‘‘(iii) in the case of any individual who

17 is applying for financial assistance, may

18 not deny the application for such assist19 ance on the basis of the individual’s immi20 gration status until such 30-day period has

21 expired; and’’; and

22 (C) in subparagraph (B), by striking clauses

23 (i) and (ii) and inserting the following new

24 clauses:
39

•S 2191 IS

1 ‘‘(i) the Secretary shall transmit to

2 the Immigration and Naturalization Serv3 ice either photostatic or other similar cop4 ies of such documents, or information from

5 such documents, as specified by the Immi6 gration and Naturalization Service, for of7 ficial verification,

8 ‘‘(ii) pending such verification or ap9 peal, the Secretary may not—

10 ‘‘(I) in the case of any individual

11 who is receiving assistance, delay,

12 deny, reduce, or terminate the individ13 ual’s eligibility for financial assistance

14 on the basis of the individual’s immi15 gration status, and

16 ‘‘(II) in the case of any individ17 ual who is applying for financial as18 sistance, deny the application for such

19 assistance on the basis of the individ20 ual’s immigration status, and’’;

21 (6) in paragraph (5), by striking all that follows

22 ‘‘satisfactory immigration status’’ and inserting the

23 following: ‘‘, the Secretary shall—

24 ‘‘(A) deny the individual’s application for

25 financial assistance or terminate the individ-
40

•S 2191 IS

1 ual’s eligibility for financial assistance, as the

2 case may be,

3 ‘‘(B) provide the individual with written

4 notice of the determination under this para5 graph, which in the case of an individual who

6 is receiving financial assistance shall also notify

7 the individual of the opportunity for a hearing

8 under subparagraph (C), and

9 ‘‘(C) in the case of an individual who is re10 ceiving financial assistance and requests a hear11 ing under this subparagraph, provide a hearing

12 within 5 days of receipt of the notice under sub13 paragraph (B), at which hearing the individual

14 may produce the documentation of immigration

15 status required under this subsection or the

16 reasons for the termination shall be explained

17 and the individual shall be notified of his or her

18 eligibility for deferral under subsection

19 (c)(1)(B).’’;

20 (7) by striking paragraph (6) and inserting the

21 following new paragraph:

22 ‘‘(6) The Secretary shall terminate the eligi23 bility for financial assistance of an individual and

24 the members of the household of the individual, for

25 a period of not less than 24 months, upon determin-
41

•S 2191 IS

1 ing that such individual has knowingly permitted an2 other individual who is not eligible for such assist3 ance to use the assistance (including residence in the

4 unit receiving the assistance). This provision shall

5 not apply to a family if the ineligibility of the ineli6 gible individual at issue was considered in calculat7 ing any proration under this section of assistance

8 provided for the family.’’; and

9 (8) by striking the matter following paragraph

10 (6) and inserting the following new paragraphs:

11 ‘‘(7) An owner of housing receiving financial as12 sistance—

13 ‘‘(A) may initiate procedures to affirma14 tively establish or verify the eligibility of an in15 dividual or family under this section at any

16 time at which the owner determines that such

17 eligibility is in question, regardless of whether

18 or not the individual or family is at or near the

19 top of the waiting list for the housing;

20 ‘‘(B) shall affirmatively establish or verify

21 the eligibility of an individual or family under

22 this section in accordance with the procedures

23 set forth in section 274A(b)(1) of the Immigra24 tion and Nationality Act; and
42

•S 2191 IS

1 ‘‘(C) shall have access to any relevant in2 formation contained in the SAVE system (or

3 any successor thereto) that relates to any indi4 vidual or family applying for financial assist5 ance.

6 For purposes of this paragraph, the term ‘owner’ in7 cludes any public housing agency (as such term is

8 defined in section 3 of the United States Housing

9 Act of 1937). For purposes of this paragraph, when

10 used in reference to a family, the term ‘eligibility’

11 means the eligibility of each member of the family.

12 ‘‘(8) For purposes of this subsection, the follow13 ing definitions shall apply:

14 ‘‘(A) The term ‘satisfactory immigration

15 status’ means an immigration status which does

16 not make the individual ineligible for financial

17 assistance.

18 ‘‘(B) The term ‘Secretary’ means the Sec19 retary of Housing and Urban Development, a

20 public housing agency, or another entity that

21 determines the eligibility of an individual for fi22 nancial assistance.’’.

23 (b) EFFECTIVE DATE.—

24 (1) IN GENERAL.—Notwithstanding section 576

25 of this Act, the amendment made by subsection
43

•S 2191 IS

1 (a)(2)(B) of this section shall apply to application

2 for benefits filed on or after such date as the Attor3 ney General specifies in regulations under paragraph

4 (2) of this subsection. Such date shall be at least 60

5 days, and not more than 90 days, after the date the

6 Attorney General first issues such regulations.

7 (2) REGULATIONS.—The Attorney General (in

8 consultation with the heads of other appropriate

9 agencies) shall first issue regulations to carry out

10 the amendment made by subsection (a)(2)(B) of this

11 section not later than 180 days after the date of the

12 enactment of this Act. Such regulations shall be ef13 fective on an interim basis, pending change after op14 portunity for public comment.

15 SEC. 605. PROHIBITION OF SANCTIONS AGAINST ENTITIES

16 MAKING FINANCIAL ASSISTANCE ELIGI17 BILITY DETERMINATIONS.

18 Section 214(e) of the Housing and Community Devel19 opment Act of 1980 (42 U.S.C. 1436a(e)) is amended—

20 (1) in paragraph (2), by inserting ‘‘or’’ after

21 the comma at the end;

22 (2) in paragraph (3), by inserting after ‘‘, or’’

23 at the end the following: ‘‘the response from the Im24 migration and Naturalization Service to the appeal

25 of such individual.’’; and
44

•S 2191 IS

1 (3) by striking paragraph (4).

2 SEC. 606. REGULATIONS.

3 (a) ISSUANCE.—Not later than the expiration of the

4 60-day period beginning on the date of the enactment of

5 this Act, the Secretary of Housing and Urban Develop6 ment shall issue any regulations necessary to implement

7 the amendments made by this subtitle. Such regulations

8 shall be issued in the form of an interim final rule, which

9 shall take effect upon issuance and shall not be subject

10 to the provisions of section 533 of title 5, United States

11 Code, regarding notice or an opportunity for comment.

12 (b) FAILURE TO ISSUE.—If the Secretary fails to

13 issue the regulations required under subsection (a) before

14 the expiration of the period referred to in such subsection,

15 the regulations relating to restrictions on assistance to

16 noncitizens, contained in the final rule issued by the Sec17 retary of Housing and Urban Development in RIN 2501–

18 AA63 (Docket No. R-95–1409; FR–2383–F–050), pub19 lished in the Federal Register of March 20, 1995 (Vol.

20 60., No. 53; pp. 14824–14861), shall not apply after the

21 expiration of such period.

22 SEC. 607. REPORT ON HOUSING ASSISTANCE PROGRAMS.

23 Not later than 90 days after the date of the enact24 ment of this Act, the Secretary of Housing and Urban

25 Development shall submit a report to the Committee on
45

•S 2191 IS

1 the Judiciary and the Committee on Banking, Housing,

2 and Urban Affairs of the Senate, and the Committee on

3 the Judiciary and the Committee on Banking and Finan4 cial Services of the House of Representatives, describing

5 the manner in which the Secretary is enforcing section

6 214 of the Housing and Community Development Act of

7 1980 and containing statistics with respect to the number

8 of individuals denied financial assistance under such sec9 tion.

10 TITLE VII—MISCELLANEOUS

11 PROVISIONS

12 SEC. 701. UNEMPLOYMENT BENEFITS.

13 (a) ELIMINATION OF CREDITING EMPLOYMENT

14 MERELY ON BASIS OF PRUCOL STATUS.—Section

15 3304(a)(14)(A) of the Internal Revenue Code of 1986 is

16 amended—

17 (1) by striking ‘‘, was lawfully’’ and inserting

18 ‘‘or was lawfully’’, and

19 (2) by striking ‘‘, or was permanently’’ and all

20 that follows up to the comma at the end.

21 (b) EFFECTIVE DATE.—The amendments made by

22 subsection (a) shall apply with respect to certifications of

23 States for 1998 and subsequent years, or for 1999 and

24 subsequent years in the case of States the legislatures of
46

•S 2191 IS

1 which do not meet in a regular session which closes in

2 the calendar year 1997.

3 (c) REPORT.—The Secretary of Labor, in consulta4 tion with the Attorney General, shall provide for a study

5 of the impact of limiting eligibility for unemployment com6 pensation only to individuals who are citizens or nationals

7 of the United States or qualified aliens (as defined in sec8 tion 431(b) of the Personal Responsibility and Work Op9 portunity Reconciliation Act of 1996, 8 U.S.C. 1641(b))).

10 Not later than 2 years after the date of the enactment

11 of this Act, the Secretary shall submit a report on such

12 study to the Committee on the Judiciary and the Commit13 tee on Labor and Human Resources of the Senate and

14 the Committee on the Judiciary and the Committee on

15 Economic and Educational Opportunities of the House of

16 Representatives.

17 SEC. 702. REPEAL OF FOOD STAMP TRANSITION PROVI18 SION.

19 Section 510 of the Illegal Immigration Reform and

20 Immigrant Responsibility Act of 1996 is repealed and the

21 provisions of law, as amended by subsection section, are

22 restored as if such section had not been enacted.
47

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1 SEC. 703. COMPUTATION OF TARGETED ASSISTANCE.

2 (a) IN GENERAL.—Section 412(c)(2) (8 U.S.C.

3 1522(c)(2)) is amended by adding at the end the following

4 new subparagraph:

5 ‘‘(C) All grants made available under this paragraph

6 for a fiscal year (other than the Targeted Assistance Ten

7 Percent Discretionary Program) shall be allocated by the

8 Office of Resettlement in a manner that ensures that each

9 qualifying county shall receive the same amount of assist10 ance for each refugee and entrant residing in the county

11 as of the beginning of the fiscal year who arrived in the

12 United States not more than 60 months prior to such fis13 cal year.’’.

14 (b) EFFECTIVE DATE.—The amendment made by

15 subsection (a) shall be effective for fiscal years after fiscal

16 year 1996.

17 SEC. 704. ADDITION TO REPORTS.

18 Section 565 of the Illegal Immigration Reform and

19 Immigrant Responsibility Act of 1996 is amended by add20 ing at the end the following:

21 ‘‘(4) VERIFICATIONS OF ELIGIBILITY.—The

22 number of situations in which a Federal or State

23 agency fails to respond within 10 days to a request

24 for verification of eligibility under section 432(d)(2)

25 of the Personal Responsibility and Work Oppor26 tunity Reconciliation Act of 1996, including the rea-
48

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1 sons for, and the circumstances of, each such fail2 ure.’’.

3 TITLE VIII—GENERAL

4 PROVISIONS

5 SEC. 801. EFFECTIVE DATES.

6 Except as provided in this Act, this Act and the

7 amendments made by this Act shall take effect on the date

8 of the enactment of this Act.

9 SEC. 802. NOT APPLICABLE TO FOREIGN ASSISTANCE.

10 This Act does not apply to any Federal, State, or

11 local governmental program, assistance, or benefits pro12 vided to an alien under any program of foreign assistance

13 as determined by the Secretary of State in consultation

14 with the Attorney General.

15 SEC. 803. NOTIFICATION.

16 (a) IN GENERAL.—Each agency of the Federal Gov17 ernment or a State or political subdivision that admin18 isters a program affected by the provisions of this Act,

19 shall, directly or through the States, provide general noti20 fication to the public and to program recipients of the

21 changes regarding eligibility for any such program pursu22 ant to this Act.

23 (b) FAILURE TO GIVE NOTICE.—Nothing in this sec24 tion shall be construed to require or authorize continu-
49

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1 ation of eligibility if the notice under this section is not

2 provided.

3 SEC. 804. DEFINITIONS.

4 Except as otherwise provided in this Act, for purposes

5 of this Act—

6 (1) the terms ‘‘alien’’, ‘‘Attorney General’’, ‘‘na7 tional’’, ‘‘naturalization’’, ‘‘State’’, and ‘‘United

8 States’’ shall have the meaning given such terms in

9 section 101(a) of the Immigration and Nationality

10 Act; and

11 (2) the term ‘‘child’’ shall have the meaning

12 given such term in section 101(c) of the Immigra13 tion and Nationality Act.

Æ