H. R. 3734—168
means-tested public benefits program, but not later than 10
years after the alien last receives any such benefit;
‘‘(B) in which the sponsor agrees to financially support
the alien, so that the alien will not become a public
charge; and
‘‘(C) in which the sponsor agrees to submit to the jurisdic-
tion of any Federal or State court for the purpose of actions
brought under subsection (e)(2).
‘‘(2) A contract under paragraph (1) shall be enforceable with
respect to benefits provided to the alien until such time as the
alien achieves United States citizenship through naturalization
pursuant to chapter 2 of title III.
‘‘(b) FORMS.—Not later than 90 days after the date of enactment
of this section, the Attorney General, in consultation with the
Secretary of State and the Secretary of Health and Human Services,
shall formulate an affidavit of support consistent with the provisions
of this section.
‘‘(c) REMEDIES.—Remedies available to enforce an affidavit of
support under this section include any or all of the remedies
described in section 3201, 3203, 3204, or 3205 of title 28, United
States Code, as well as an order for specific performance and
payment of legal fees and other costs of collection, and include
corresponding remedies available under State law. A Federal agency
may seek to collect amounts owed under this section in accordance
with the provisions of subchapter II of chapter 37 of title 31,
United States Code.
‘‘(d) NOTIFICATION OF CHANGE OF ADDRESS.—
‘‘(1) IN GENERAL.—The sponsor shall notify the Attorney
General and the State in which the sponsored alien is currently
resident within 30 days of any change of address of the sponsor
during the period specified in subsection (a)(2).
‘‘(2) PENALTY.—Any person subject to the requirement of
paragraph (1) who fails to satisfy such requirement shall be
subject to a civil penalty of—
‘‘(A) not less than $250 or more than $2,000, or
‘‘(B) if such failure occurs with knowledge that the
alien has received any means-tested public benefit, not
less than $2,000 or more than $5,000.
‘‘(e) REIMBURSEMENT OF GOVERNMENT EXPENSES.—(1)(A) Upon
notification that a sponsored alien has received any benefit under
any means-tested public benefits program, the appropriate Federal,
State, or local official shall request reimbursement by the sponsor
in the amount of such assistance.
‘‘(B) The Attorney General, in consultation with the Secretary
of Health and Human Services, shall prescribe such regulations
as may be necessary to carry out subparagraph (A).
‘‘(2) If within 45 days after requesting reimbursement, the
appropriate Federal, State, or local agency has not received a
response from the sponsor indicating a willingness to commence
payments, an action may be brought against the sponsor pursuant
to the affidavit of support.
‘‘(3) If the sponsor fails to abide by the repayment terms estab-
lished by such agency, the agency may, within 60 days of such
failure, bring an action against the sponsor pursuant to the affidavit
of support.
H. R. 3734—169
‘‘(4) No cause of action may be brought under this subsection
later than 10 years after the alien last received any benefit under
any means-tested public benefits program.
‘‘(5) If, pursuant to the terms of this subsection, a Federal,
State, or local agency requests reimbursement from the sponsor
in the amount of assistance provided, or brings an action against
the sponsor pursuant to the affidavit of support, the appropriate
agency may appoint or hire an individual or other person to act
on behalf of such agency acting under the authority of law for
purposes of collecting any moneys owed. Nothing in this subsection
shall preclude any appropriate Federal, State, or local agency from
directly requesting reimbursement from a sponsor for the amount
of assistance provided, or from bringing an action against a sponsor
pursuant to an affidavit of support.
‘‘(f) DEFINITIONS.—For the purposes of this section—
‘‘(1) SPONSOR.—The term ‘sponsor’ means an indi-
vidual who—
‘‘(A) is a citizen or national of the United States or
an alien who is lawfully admitted to the United States
for permanent residence;
‘‘(B) is 18 years of age or over;
‘‘(C) is domiciled in any of the 50 States or the District
of Columbia; and
‘‘(D) is the person petitioning for the admission of
the alien under section 204.’’.
(b) CLERICAL AMENDMENT.—The table of contents of such Act
is amended by inserting after the item relating to section 213
the following:
‘‘Sec. 213A. Requirements for sponsor’s affidavit of support.’’.
(c) EFFECTIVE DATE.—Subsection (a) of section 213A of the
Immigration and Nationality Act, as inserted by subsection (a)
of this section, shall apply to affidavits of support executed on
or after a date specified by the Attorney General, which date
shall be not earlier than 60 days (and not later than 90 days)
after the date the Attorney General formulates the form for such
affidavits under subsection (b) of such section.
(d) BENEFITS NOT SUBJECT TO REIMBURSEMENT.—Requirements
for reimbursement by a sponsor for benefits provided to a sponsored
alien pursuant to an affidavit of support under section 213A of
the Immigration and Nationality Act shall not apply with respect
to the following:
(1) Medical assistance described in section 401(b)(1)(A) or
assistance described in section 411(b)(1).
(2) Short-term, non-cash, in-kind emergency disaster relief.
(3) Assistance or benefits under the National School
Lunch Act.
(4) Assistance or benefits under the Child Nutrition Act
of 1966.
(5) Public health assistance for immunizations (not includ-
ing any assistance under title XIX of the Social Security Act)
with respect to immunizable diseases and for testing and treat-
ment of symptoms of communicable diseases whether or not
such symptoms are caused by a communicable disease.
(6) Payments for foster care and adoption assistance under
parts B and E of title IV of the Social Security Act for a
parent or a child, but only if the foster or adoptive parent
H. R. 3734—170
(or parents) of such child is a qualified alien (as defined in
section 431).
(7) Programs, services, or assistance (such as soup kitchens,
crisis counseling and intervention, and short-term shelter)
specified by the Attorney General, in the Attorney General’s
sole and unreviewable discretion after consultation with appro-
priate Federal agencies and departments, which (A) deliver
in-kind services at the community level, including through pub-
lic or private nonprofit agencies; (B) do not condition the provi-
sion of assistance, the amount of assistance provided, or
the cost of assistance provided on the individual recipient’s
income or resources; and (C) are necessary for the protection
of life or safety.
(8) Programs of student assistance under titles IV, V, IX,
and X of the Higher Education Act of 1965, and titles III,
VII, and VIII of the Public Health Service Act.
(9) Benefits under the Head Start Act.
(10) Means-tested programs under the Elementary and
Secondary Education Act of 1965.
(11) Benefits under the Job Training Partnership Act.
Subtitle D—General Provisions
SEC. 431. DEFINITIONS.
(a) IN GENERAL.—Except as otherwise provided in this title,
the terms used in this title have the same meaning given such
terms in section 101(a) of the Immigration and Nationality Act.
(b) QUALIFIED ALIEN.—For purposes of this title, the term
‘‘qualified alien’’ means an alien who, at the time the alien applies
for, receives, or attempts to receive a Federal public benefit, is—
(1) an alien who is lawfully admitted for permanent resi-
dence under the Immigration and Nationality Act,
(2) an alien who is granted asylum under section 208
of such Act,
(3) a refugee who is admitted to the United States under
section 207 of such Act,
(4) an alien who is paroled into the United States under
section 212(d)(5) of such Act for a period of at least 1 year,
(5) an alien whose deportation is being withheld under
section 243(h) of such Act, or
(6) an alien who is granted conditional entry pursuant
to section 203(a)(7) of such Act as in effect prior to April
1, 1980.
SEC. 432. VERIFICATION OF ELIGIBILITY FOR FEDERAL PUBLIC
BENEFITS.
(a) IN GENERAL.—Not later than 18 months after the date
of the enactment of this Act, the Attorney General of the United
States, after consultation with the Secretary of Health and Human
Services, shall promulgate regulations requiring verification that
a person applying for a Federal public benefit (as defined in section
401(c)), to which the limitation under section 401 applies, is a
qualified alien and is eligible to receive such benefit. Such regula-
tions shall, to the extent feasible, require that information requested
and exchanged be similar in form and manner to information
requested and exchanged under section 1137 of the Social Security
Act.
H. R. 3734—171
(b) STATE COMPLIANCE.—Not later than 24 months after the
date the regulations described in subsection (a) are adopted, a
State that administers a program that provides a Federal public
benefit shall have in effect a verification system that complies
with the regulations.
(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated such sums as may be necessary to carry out
the purpose of this section.
SEC. 433. STATUTORY CONSTRUCTION.
(a) LIMITATION.—
(1) Nothing in this title may be construed as an entitlement
or a determination of an individual’s eligibility or fulfillment
of the requisite requirements for any Federal, State, or local
governmental program, assistance, or benefits. For purposes
of this title, eligibility relates only to the general issue of
eligibility or ineligibility on the basis of alienage.
(2) Nothing in this title may be construed as addressing
alien eligibility for a basic public education as determined by
the Supreme Court of the United States under Plyler v. Doe
(457 U.S. 202)(1982).
(b) NOT APPLICABLE TO FOREIGN ASSISTANCE.—This title does
not apply to any Federal, State, or local governmental program,
assistance, or benefits provided to an alien under any program
of foreign assistance as determined by the Secretary of State in
consultation with the Attorney General.
(c) SEVERABILITY.—If any provision of this title or the applica-
tion of such provision to any person or circumstance is held to
be unconstitutional, the remainder of this title and the application
of the provisions of such to any person or circumstance shall not
be affected thereby.
SEC. 434. COMMUNICATION BETWEEN STATE AND LOCAL GOVERN-
MENT 
AGENCIES 
AND 
THE 
IMMIGRATION 
AND
NATURALIZATION SERVICE.
Notwithstanding any other provision of Federal, State, or local
law, no State or local government entity may be prohibited, or
in any way restricted, from sending to or receiving from
the Immigration and Naturalization Service information regarding
the immigration status, lawful or unlawful, of an alien in the
United States.
SEC. 435. QUALIFYING QUARTERS.
For purposes of this title, in determining the number of qualify-
ing quarters of coverage under title II of the Social Security Act
an alien shall be credited with—
(1) all of the qualifying quarters of coverage as defined
under title II of the Social Security Act worked by a parent
of such alien while the alien was under age 18, and
(2) all of the qualifying quarters worked by a spouse of
such alien during their marriage and the alien remains married
to such spouse or such spouse is deceased.
No such qualifying quarter of coverage that is creditable under
title II of the Social Security Act for any period beginning after
December 31, 1996, may be credited to an alien under paragraph
(1) or (2) if the parent or spouse (as the case may be) of such
alien received any Federal means-tested public benefit (as provided
H. R. 3734—172
under section 403) during the period for which such qualifying
quarter of coverage is so credited.
Subtitle E—Conforming Amendments
Relating to Assisted Housing
SEC. 441. CONFORMING AMENDMENTS RELATING TO ASSISTED
HOUSING.
(a) LIMITATIONS ON ASSISTANCE.—Section 214 of the Housing
and Community Development Act of 1980 (42 U.S.C. 1436a) is
amended—
(1) by striking ‘‘Secretary of Housing and Urban Develop-
ment’’ each place it appears and inserting ‘‘applicable
Secretary’’;
(2) in subsection (b), by inserting after ‘‘National Housing
Act,’’ the following: ‘‘the direct loan program under section
502 of the Housing Act of 1949 or section 502(c)(5)(D), 504,
521(a)(2)(A), or 542 of such Act, subtitle A of title III of the
Cranston-Gonzalez National Affordable Housing Act,’’;
(3) in paragraphs (2) through (6) of subsection (d), by
striking ‘‘Secretary’’ each place it appears and inserting
‘‘applicable Secretary’’;
(4) in subsection (d), in the matter following paragraph
(6), by striking ‘‘the term ‘Secretary’’’ and inserting ‘‘the term
‘applicable Secretary’’’; and
(5) by adding at the end the following new subsection:
‘‘(h) For purposes of this section, the term ‘applicable Secretary’
means—
‘‘(1) the Secretary of Housing and Urban Development,
with respect to financial assistance administered by such Sec-
retary and financial assistance under subtitle A of title III
of the Cranston-Gonzalez National Affordable Housing Act; and
‘‘(2) the Secretary of Agriculture, with respect to financial
assistance administered by such Secretary.’’.
(b) CONFORMING AMENDMENTS.—Section 501(h) of the Housing
Act of 1949 (42 U.S.C. 1471(h)) is amended—
(1) by striking ‘‘(1)’’;
(2) by striking ‘‘by the Secretary of Housing and Urban
Development’’; and
(3) by striking paragraph (2).
Subtitle F—Earned Income Credit Denied to Unauthorized
Employees
SEC. 451. EARNED INCOME CREDIT DENIED TO INDIVIDUALS NOT
AUTHORIZED TO BE EMPLOYED IN THE UNITED STATES.
(a) IN GENERAL.—Section 32(c)(1) of the Internal Revenue Code
of 1986 (relating to individuals eligible to claim the earned income
credit) is amended by adding at the end the following new subpara-
graph:
‘‘(F) IDENTIFICATION NUMBER REQUIREMENT.—The term
‘eligible individual’ does not include any individual who
does not include on the return of tax for the taxable year—
‘‘(i) 
such 
individual’s 
taxpayer 
identification
number, and
H. R. 3734—173
‘‘(ii) if the individual is married (within the mean-
ing of section 7703), the taxpayer identification number
of such individual’s spouse.’’.
(b) SPECIAL IDENTIFICATION NUMBER.—Section 32 of such Code
is amended by adding at the end the following new subsection:
‘‘(l) IDENTIFICATION NUMBERS.—Solely for purposes of sub-
sections (c)(1)(F) and (c)(3)(D), a taxpayer identification number
means a social security number issued to an individual by the
Social Security Administration (other than a social security number
issued pursuant to clause (II) (or that portion of clause (III) that
relates to clause (II)) of section 205(c)(2)(B)(i) of the Social Security
Act).’’.
(c) EXTENSION OF PROCEDURES APPLICABLE TO MATHEMATICAL
OR CLERICAL ERRORS.—Section 6213(g)(2) of such Code (relating
to the definition of mathematical or clerical errors) is amended
by striking ‘‘and’’ at the end of subparagraph (D), by striking
the period at the end of subparagraph (E) and inserting a comma,
and by inserting after subparagraph (E) the following new subpara-
graphs:
‘‘(F) an omission of a correct taxpayer identification
number required under section 32 (relating to the earned
income credit) to be included on a return, and
‘‘(G) an entry on a return claiming the credit under
section 32 with respect to net earnings from self-employ-
ment described in section 32(c)(2)(A) to the extent the
tax imposed by section 1401 (relating to self-employment
tax) on such net earnings has not been paid.’’.
(d) EFFECTIVE DATE.—The amendments made by this section
shall apply with respect to returns the due date for which (without
regard to extensions) is more than 30 days after the date of the
enactment of this Act.
TITLE V—CHILD PROTECTION
SEC. 501. AUTHORITY OF STATES TO MAKE FOSTER CARE MAINTE-
NANCE PAYMENTS ON BEHALF OF CHILDREN IN ANY
PRIVATE CHILD CARE INSTITUTION.
Section 472(c)(2) of the Social Security Act (42 U.S.C. 672(c)(2))
is amended by striking ‘‘nonprofit’’.
SEC. 502. EXTENSION OF ENHANCED MATCH FOR IMPLEMENTATION
OF STATEWIDE AUTOMATED CHILD WELFARE INFORMA-
TION SYSTEMS.
Section 13713(b)(2) of the Omnibus Budget Reconciliation Act
of 1993 (42 U.S.C. 674 note; 107 Stat. 657) is amended by striking
‘‘1996’’ and inserting ‘‘1997’’.
SEC. 503. NATIONAL RANDOM SAMPLE STUDY OF CHILD WELFARE.
Part B of title IV of the Social Security Act (42 U.S.C. 620–
628a) is amended by adding at the end the following:
‘‘SEC. 429A. NATIONAL RANDOM SAMPLE STUDY OF CHILD WELFARE.
‘‘(a) IN GENERAL.—The Secretary shall conduct a national study
based on random samples of children who are at risk of child
abuse or neglect, or are determined by States to have been abused
or neglected.
H. R. 3734—174
‘‘(b) REQUIREMENTS.—The study required by subsection (a)
shall—
‘‘(1) have a longitudinal component; and
‘‘(2) yield data reliable at the State level for as many
States as the Secretary determines is feasible.
‘‘(c) PREFERRED CONTENTS.—In conducting the study required
by subsection (a), the Secretary should—
‘‘(1) carefully consider selecting the sample from cases of
confirmed abuse or neglect; and
‘‘(2) follow each case for several years while obtaining
information on, among other things—
‘‘(A) the type of abuse or neglect involved;
‘‘(B) the frequency of contact with State or local
agencies;
‘‘(C) whether the child involved has been separated
from the family, and, if so, under what circumstances;
‘‘(D) the number, type, and characteristics of out-of-
home placements of the child; and
‘‘(E) the average duration of each placement.
‘‘(d) REPORTS.—
‘‘(1) IN GENERAL.—From time to time, the Secretary shall
prepare reports summarizing the results of the study required
by subsection (a).
‘‘(2) AVAILABILITY.—The Secretary shall make available to
the public any report prepared under paragraph (1), in writing
or in the form of an electronic data tape.
‘‘(3) AUTHORITY TO CHARGE FEE.—The Secretary may charge
and collect a fee for the furnishing of reports under para-
graph (2).
‘‘(e) APPROPRIATION.—Out of any money in the Treasury of
the United States not otherwise appropriated, there are appro-
priated to the Secretary for each of fiscal years 1996 through
2002 $6,000,000 to carry out this section.’’.
SEC. 504. REDESIGNATION OF SECTION 1123.
The Social Security Act is amended by redesignating sec-
tion 1123, the second place it appears (42 U.S.C. 1320a–1a), as
section 1123A.
SEC. 505. KINSHIP CARE.
Section 471(a) of the Social Security Act (42 U.S.C. 671(a))
is amended—
(1) by striking ‘‘and’’ at the end of paragraph (16);
(2) by striking the period at the end of paragraph (17)
and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(18) provides that the State shall consider giving pref-
erence to an adult relative over a non-related caregiver when
determining a placement for a child, provided that the relative
caregiver meets all relevant State child protection standards.’’.
TITLE VI—CHILD CARE
SEC. 601. SHORT TITLE AND REFERENCES.
(a) SHORT TITLE.—This title may be cited as the ‘‘Child Care
and Development Block Grant Amendments of 1996’’.
H. R. 3734—175
(b) REFERENCES.—Except as otherwise expressly provided,
whenever in this title an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Child Care and Development Block Grant Act
of 1990 (42 U.S.C. 9858 et seq.).
SEC. 602. GOALS.
Section 658A (42 U.S.C. 9801 note) is amended—
(1) in the section heading by inserting ‘‘AND GOALS’’ after
‘‘TITLE’’;
(2) by inserting ‘‘(a) SHORT TITLE.—’’ before ‘‘This’’; and
(3) by adding at the end the following:
‘‘(b) GOALS.—The goals of this subchapter are—
‘‘(1) to allow each State maximum flexibility in developing
child care programs and policies that best suit the needs of
children and parents within such State;
‘‘(2) to promote parental choice to empower working parents
to make their own decisions on the child care that best suits
their family’s needs;
‘‘(3) to encourage States to provide consumer education
information to help parents make informed choices about child
care;
‘‘(4) to assist States to provide child care to parents trying
to achieve independence from public assistance; and
‘‘(5) to assist States in implementing the health, safety,
licensing, and registration standards established in State regu-
lations.’’.
SEC. 603. AUTHORIZATION OF APPROPRIATIONS AND ENTITLEMENT
AUTHORITY.
(a) IN GENERAL.—Section 658B (42 U.S.C. 9858) is amended
to read as follows:
‘‘SEC. 658B. AUTHORIZATION OF APPROPRIATIONS.
‘‘There is authorized to be appropriated to carry out this sub-
chapter $1,000,000,000 for each of the fiscal years 1996 through
2002.’’.
(b) SOCIAL SECURITY ACT.—Part A of title IV of the Social
Security Act (42 U.S.C. 601–617) is amended by adding at the
end the following new section:
‘‘SEC. 418. FUNDING FOR CHILD CARE.
‘‘(a) GENERAL CHILD CARE ENTITLEMENT.—
‘‘(1) GENERAL ENTITLEMENT.—Subject to the amount appro-
priated under paragraph (3), each State shall, for the purpose
of providing child care assistance, be entitled to payments
under a grant under this subsection for a fiscal year in an
amount equal to—
‘‘(A) the sum of the total amount required to be paid
to the State under section 403 for fiscal year 1994 or
1995 (whichever is greater) with respect to amounts
expended for child care under section—
‘‘(i) 402(g) of this Act (as such section was in effect
before October 1, 1995); and
‘‘(ii) 402(i) of this Act (as so in effect); or
H. R. 3734—176
‘‘(B) the average of the total amounts required to be
paid to the State for fiscal years 1992 through 1994 under
the sections referred to in subparagraph (A);
whichever is greater.
‘‘(2) REMAINDER.—
‘‘(A) GRANTS.—The Secretary shall use any amounts
appropriated for a fiscal year under paragraph (3), and
remaining after the reservation described in paragraph
(4) and after grants are awarded under paragraph (1),
to make grants to States under this paragraph.
‘‘(B) AMOUNT.—Subject to subparagraph (C), the
amount of a grant awarded to a State for a fiscal year
under this paragraph shall be based on the formula used
for determining the amount of Federal payments to the
State under section 403(n) (as such section was in effect
before October 1, 1995).
‘‘(C) MATCHING
REQUIREMENT.—The Secretary shall
pay to each eligible State in a fiscal year an amount,
under a grant under subparagraph (A), equal to the Federal
medical assistance percentage for such State for fiscal year
1995 (as defined in section 1905(b)) of so much of the
expenditures by the State for child care in such year as
exceed the State set-aside for such State under paragraph
(1)(A) for such year and the amount of State expenditures
in fiscal year 1994 or 1995 (whichever is greater) that
equal the non-Federal share for the programs described
in subparagraph (A) of paragraph (1).
‘‘(D) REDISTRIBUTION.—
‘‘(i) IN GENERAL.—With respect to any fiscal year,
if the Secretary determines (in accordance with clause
(ii)) that amounts under any grant awarded to a State
under this paragraph for such fiscal year will not be
used by such State during such fiscal year for carrying
out the purpose for which the grant is made, the Sec-
retary shall make such amounts available in the subse-
quent fiscal year for carrying out such purpose to one
or more States which apply for such funds to the
extent the Secretary determines that such States will
be able to use such additional amounts for carrying
out such purpose. Such available amounts shall be
redistributed to a State pursuant to section 403(n)
(as such section was in effect before October 1, 1995)
by substituting ‘the number of children residing in
all States applying for such funds’ for ‘the number
of children residing in the United States in the second
preceding fiscal year’.
‘‘(ii) TIME OF DETERMINATION AND DISTRIBUTION.—
The determination of the Secretary under clause (i)
for a fiscal year shall be made not later than the
end of the first quarter of the subsequent fiscal year.
The redistribution of amounts under clause (i) shall
be made as close as practicable to the date on which
such determination is made. Any amount made avail-
able to a State from an appropriation for a fiscal year
in accordance with this subparagraph shall, for pur-
poses of this part, be regarded as part of such State’s