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(b) CLERICAL AMENDMENT.—The table of contents,
as amended by section 321(a)(1), is amended by adding
at the end the following new items:
‘‘TITLE VI—DISQUALIFICATION OF ALIENS NOT LAWFULLY
PRESENT IN THE UNITED STATES FROM CERTAIN PROGRAM
‘‘Sec. 601. Congressional policy regarding ineligibility of aliens not lawfully
present in the United States for public education benefits.
‘‘Sec. 602. Authority of States.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall take effect as of the date of the enact-
ment of this Act.
Subtitle B—Expansion of Disquali-
fication From Immigration Ben-
efits on the Basis of Public
Charge
SEC. 621. GROUND FOR INADMISSIBILITY.
(a) IN GENERAL.—Paragraph (4) of section 212(a)
(8 U.S.C. 1182(a)) is amended to read as follows:
‘‘(4) PUBLIC CHARGE.—
‘‘(A) FAMILY-SPONSORED
IMMIGRANTS.—
Any alien who seeks admission or adjustment of
status under a visa number issued under sec-
tion 203(a), who cannot demonstrate to the
consular officer at the time of application for a
visa, or to the Attorney General at the time of
application for admission or adjustment of sta-
tus, that the alien’s age, health, family status,
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assets, resources, financial status, education,
skills, or a combination thereof, and an affida-
vit of support described in section 213A, make
it unlikely that the alien will become a public
charge 
(as 
determined 
under 
section
241(a)(5)(B)) is inadmissible.
‘‘(B) CERTAIN EMPLOYMENT-BASED IMMI-
GRANTS.—Any alien who seeks admission or ad-
justment of status under a visa number issued
under section 203(b) by virtue of a classifica-
tion petition filed by a relative of the alien (or
by an entity in which such relative has a signifi-
cant ownership interest) is inadmissible unless
such relative has executed an affidavit of sup-
port described in section 213A with respect to
such alien.’’.
(b) EFFECTIVE DATE.—(1) Subject to paragraph
(2), the amendment made by subsection (a) shall apply
to applications submitted on or after such date, not earlier
than 30 days and not later than 60 days after the date
the Attorney General promulgates under section 632(f) a
standard form for an affidavit of support, as the Attorney
General shall specify.
(2) Section 212(a)(4)(C)(i) of the Immigration and
Nationality Act, as amended by subsection (a), shall apply
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only to aliens seeking admission or adjustment of status
under a visa number issued on or after October 1, 1996.
SEC. 622. GROUND FOR DEPORTABILITY.
(a) IN GENERAL.—Paragraph (5) of subsection (a)
of section 241 (8 U.S.C. 1251(a)), before redesignation
as section 237 by section 305(a)(2), is amended to read
as follows:
‘‘(5) PUBLIC CHARGE.—
‘‘(A) IN GENERAL.—Any alien who, within
7 years after the date of entry or admission, be-
comes a public charge is deportable.
‘‘(B) EXCEPTIONS.—(i) Subparagraph (A)
shall not apply if the alien establishes that the
alien has become a public charge from causes
that arose after entry or admission. A condition
that the alien knew (or had reason to know) ex-
isted at the time of entry or admission shall be
deemed to be a cause that arose before entry or
admission.
‘‘(ii) The Attorney General, in the discre-
tion of the Attorney General, may waive the ap-
plication of subparagraph (A) in the case of an
alien who is admitted as a refugee under sec-
tion 207 or granted asylum under section 208.
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‘‘(C) INDIVIDUALS
TREATED
AS
PUBLIC
CHARGE.—
‘‘(i) IN
GENERAL.—For purposes of
this title, an alien is deemed to be a ‘public
charge’ if the alien receives benefits (other
than benefits described in subparagraph
(E)) under one or more of the public as-
sistance programs described in subpara-
graph (D) for an aggregate period, except
as provided in clauses (ii) and (iii), of at
least 12 months within 7 years after the
date of entry. The previous sentence shall
not be construed as excluding any other
bases for considering an alien to be a pub-
lic charge, including bases in effect on the
day before the date of the enactment of the
Immigration in the National Interest Act
of 1996. The Attorney General, in con-
sultation with the Secretary of Health and
Human Services, shall establish rules re-
garding the counting of health benefits de-
scribed in subparagraph (D)(iv) for pur-
poses of this subparagraph.
‘‘(ii) DETERMINATION WITH RESPECT
TO BATTERED WOMEN AND CHILDREN.—
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For purposes of a determination under
clause (i) and except as provided in clause
(iii), the aggregate period shall be 48
months within 7 years after the date of
entry if the alien can demonstrate that (I)
the alien has been battered or subject to
extreme cruelty in the United States by a
spouse or parent, or by a member of the
spouse or parent’s family residing in the
same household as the alien and the
spouse or parent consented or acquiesced
to such battery or cruelty, or (II) the
alien’s child has been battered or subject
to extreme cruelty in the United States by
a spouse or parent of the alien (without
the active participation of the alien in the
battery or extreme cruelty), or by a mem-
ber of the spouse or parent’s family resid-
ing in the same household as the alien
when the spouse or parent consented or ac-
quiesced to and the alien did not actively
participate in such battery or cruelty, and
the need for the public benefits received
has a substantial connection to the battery
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or cruelty described in subclause (I) or
(II).
‘‘(iii) SPECIAL
RULE
FOR
ONGOING
BATTERY OR CRUELTY.—For purposes of a
determination under clause (i), the aggre-
gate period may exceed 48 months within
7 years after the date of entry if the alien
can demonstrate that any battery or cru-
elty under clause (ii) is ongoing, has led to
the issuance of an order of a judge or an
administrative law judge or a prior deter-
mination of the Service, and that the need
for the benefits received has a substantial
connection to such battery or cruelty.
‘‘(D) PUBLIC
ASSISTANCE
PROGRAMS.—
For purposes of subparagraph (B), the public
assistance programs described in this subpara-
graph are the following (and include any suc-
cessor to such a program as identified by the
Attorney General in consultation with other ap-
propriate officials):
‘‘(i) SSI.—The supplemental security
income program under title XVI of the So-
cial Security Act, including State supple-
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mentary benefits programs referred to in
such title.
‘‘(ii) AFDC.—The program of aid to
families with dependent children under
part A or E of title IV of the Social Secu-
rity Act.
‘‘(iii) MEDICAID.—The program of
medical assistance under title XIX of the
Social Security Act.
‘‘(iv) FOOD
STAMPS.—The program
under the Food Stamp Act of 1977.
‘‘(v) STATE
GENERAL
CASH
ASSIST-
ANCE.—A program of general cash assist-
ance of any State or political subdivision of
a State.
‘‘(vi) HOUSING ASSISTANCE.—Finan-
cial assistance as defined in section 214(b)
of the Housing and Community Develop-
ment Act of 1980.
‘‘(E) CERTAIN ASSISTANCE EXCEPTED.—
For purposes of subparagraph (B), an alien
shall not be considered to be a public charge on
the basis of receipt of any of the following bene-
fits:
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‘‘(i) 
EMERGENCY
MEDICAL
SERV-
ICES.—The provision of emergency medical
services (as defined by the Attorney Gen-
eral in consultation with the Secretary of
Health and Human Services).
‘‘(ii) 
PUBLIC
HEALTH
IMMUNIZA-
TIONS.—Public health assistance for im-
munizations with respect to immunizable
diseases and for testing and treatment for
communicable diseases.
‘‘(iii) SHORT-TERM
EMERGENCY
RE-
LIEF.—The provision of non-cash, in-kind,
short-term emergency relief.’’.
(b) EFFECTIVE DATE.—(1) The amendment made by
subsection (a) shall take effect as of the first day of the
first month beginning at least 30 days after the date of
the enactment of this Act.
(2) In applying section 241(a)(5)(C) of the Immigra-
tion and Nationality Act (which is subsequently redesig-
nated as section 237(a)(5)(C) of such Act), as amended
by subsection (a), no receipt of benefits under a public
assistance program before the effective date described in
paragraph (1) shall be taken into account.
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Subtitle C—Attribution of Income
and Affidavits of Support
SEC. 631. ATTRIBUTION OF SPONSOR’S INCOME AND RE-
SOURCES 
TO 
FAMILY-SPONSORED 
IMMI-
GRANTS.
(a) FEDERAL PROGRAMS.—
(1) IN GENERAL.—Notwithstanding any other
provision of law (except as provided in paragraph
(2)), in determining the eligibility and the amount of
benefits of an alien for any Federal means-tested
public benefits program (as defined in subsection
(d)) the income and resources of the alien shall be
deemed to include—
(A) the income and resources of any indi-
vidual who executed an affidavit of support pur-
suant to section 213A of the Immigration and
Nationality Act (as inserted by section 632(a))
in behalf of such alien, and
(B) the income and resources of the spouse
(if any) of the individual.
(2) EXCEPTIONS.—Paragraph (1) shall not
apply to the following:
(A) Medical assistance provided for emer-
gency medical services under title XIX of the
Social Security Act.
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(B) The provision of short-term, non-cash,
in kind emergency relief.
(C) Benefits under the National School
Lunch Act.
(D) Assistance under the Child Nutrition
Act of 1966.
(E) Public health assistance for immuniza-
tions with respect to immunizable diseases and
for testing and treatment for communicable dis-
eases.
(F) The provision of services directly relat-
ed to assisting the victims of domestic violence
or child abuse.
(G) Benefits under 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.
(H) Benefits under means-tested programs
under the Elementary and Secondary Education
Act of 1965.
(I) Benefits under the Head Start Act.
(b) PERIOD OF ATTRIBUTION.—
(1) PARENTS OF UNITED STATES CITIZENS AND
ADULT
SONS
AND
DAUGHTERS
OF
CITIZENS
AND
PERMANENT
RESIDENTS.—Subsection 
(a) 
shall
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apply with respect to an alien who is admitted to the
United States as the parent of a United States citi-
zen under section 201(b)(2) of the Immigration and
Nationality Act, or as the son or daughter of a citi-
zen or lawful permanent resident under paragraph
(1) or (3) of section 203(a) of such Act, until the
alien is naturalized as a citizen of the United States.
(2) SPOUSES OF UNITED STATES CITIZENS AND
LAWFUL
PERMANENT
RESIDENTS.—Subsection (a)
shall apply with respect to an alien who is admitted
to the United States as the spouse of a United
States citizen or lawful permanent resident under
section 201(b)(2) of 203(a)(1) of the Immigration
and Nationality Act until—
(A) 7 years after the date the alien is law-
fully admitted to the United States for perma-
nent residence, or
(B) the alien is naturalized as a citizen of
the United States,
whichever occurs first.
(3) MINOR CHILDREN OF UNITED STATES CITI-
ZENS AND LAWFUL PERMANENT RESIDENTS.—Sub-
section (a) shall apply with respect to an alien who
is admitted to the United States as the minor child
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of a United States citizen or lawful permanent resident
under section 201(b)(2) of 203(a)(1) of the Immigration
and Nationality Act until the child attains the age of 21
years or, if earlier, the date the child is naturalized as
a citizen of the United States.
(4) ATTRIBUTION OF SPONSOR’S INCOME AND
RESOURCES ENDED IF SPONSORED ALIEN BECOMES
ELIGIBLE FOR OLD-AGE BENEFITS UNDER TITLE II
OF THE SOCIAL SECURITY ACT.—
(A) Notwithstanding any other provision of
this section, subsection (a) shall not apply and
the period of attribution of a sponsor’s income
and resources under this subsection shall termi-
nate if the alien is able to prove to the satisfac-
tion of the Attorney General that the alien has
been employed for 40 qualifying quarters of
coverage as defined under title II of the Social
Security Act and the alien did not receive any
benefit under a means-tested public benefits
program of (or contributed to by) the Federal
Government during any such quarter.
(B) The Attorney General shall ensure
that appropriate information pursuant to sub-
paragraph (A) is provided to the System for
Alien Verification of Eligibility (SAVE).
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(5) BATTERED WOMEN AND CHILDREN.—Not-
withstanding any other provision of this section, sub-
sections (a) and (c) shall not apply and the period
of attribution of the income and resources of any in-
dividual under paragraphs (1) or (2) of subsection
(a) or paragraph (1) shall not apply—
(A) for up to 48 months if the alien can
demonstrate that (i) the alien has been battered
or subject to extreme cruelty in the United
States by a spouse or parent, or by a member
of the spouse or parent’s family residing in the
same household as the alien and the spouse or
parent consented or acquiesced to such battery
or cruelty, or (ii) the alien’s child has been bat-
tered or subject to extreme cruelty in the Unit-
ed States by a spouse or parent of the alien
(without the active participation of the alien in
the battery or extreme cruelty), or by a member
of the spouse or parent’s family residing in the
same household as the alien when the spouse
or parent consented or acquiesced to and the
alien did not actively participate in such battery
or cruelty, and need for the public benefits ap-
plied for has a substantial connection to the
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battery or cruelty described in clause (i) or (ii);
and
(B) for more than 48 months if the alien
can demonstrate that any battery or cruelty
under subparagraph (A) is ongoing, has led to
the issuance of an order of a judge or an ad-
ministrative law judge or a prior determination
of the Service, and that need for such benefits
has a substantial connection to such battery or
cruelty.
(c) OPTIONAL APPLICATION TO STATE PROGRAMS.—
(1) AUTHORITY.—Notwithstanding any other
provision of law, in determining the eligibility and
the amount of benefits of an alien for any State
means-tested public benefits program, the State or
political subdivision that offers the program is au-
thorized to provide that the income and resources of
the alien shall be deemed to include—
(A) the income and resources of any indi-
vidual who executed an affidavit of support pur-
suant to section 213A of the Immigration and
Nationality Act (as inserted by section 632(a))
in behalf of such alien, and
(B) the income and resources of the spouse
(if any) of the individual.
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(2) PERIOD OF ATTRIBUTION.—The period of
attribution of a sponsor’s income and resources in
determining the eligibility and amount of benefits
for an alien under any State means-tested public
benefits program pursuant to paragraph (1) may not
exceed the Federal period of attribution with respect
to the alien.
(d) MEANS-TESTED PROGRAM DEFINED.—In this
section:
(1) The term ‘‘means-tested public benefits pro-
gram’’ means a program of public benefits (includ-
ing cash, medical, housing, and food assistance and
social services) of the Federal Government or of a
State or political subdivision of a State in which the
eligibility of an individual, household, or family eligi-
bility unit for benefits under the program, or the
amount of such benefits, or both are determined on
the basis of income, resources, or financial need of
the individual, household, or unit.
(2) The term ‘‘Federal means-tested public ben-
efits program’’ means a means-tested public benefits
program of (or contributed to by) the Federal Gov-
ernment.
(3) The term ‘‘State means-tested public bene-
fits program’’ means a means-tested public benefits
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program that is not a Federal means-tested pro-
gram.
SEC. 632. REQUIREMENTS FOR SPONSOR’S AFFIDAVIT OF
SUPPORT.
(a) IN GENERAL.—Title II is amended by inserting
after section 213 the following new section:
‘‘REQUIREMENTS FOR SPONSOR’S AFFIDAVIT OF SUPPORT
‘‘SEC. 213A. (a) ENFORCEABILITY.—(1) No affidavit
of support may be accepted by the Attorney General or
by any consular officer to establish that an alien is not
inadmissible as a public charge under section 212(a)(4)
unless such affidavit is executed by a sponsor of the alien
as a contract—
‘‘(A) that is legally enforceable against the
sponsor by the Federal Government and by any
State (or any political subdivision of such State)
that provides any means-tested public benefits pro-
gram, subject to subsection (b)(4); and
‘‘(B) in which the sponsor agrees to submit to
the jurisdiction of any Federal or State court for the
purpose of actions brought under subsection (b)(2).
‘‘(2)(A) An affidavit of support shall be enforceable
with respect to benefits provided under any means-tested
public benefits program for an alien who is admitted to
the United States as the parent of a United States citizen
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under section 201(b)(2) until the alien is naturalized as
a citizen of the United States.
‘‘(B) An affidavit of support shall be enforceable with
respect to benefits provided under any means-tested public
benefits program for an alien who is admitted to the Unit-
ed States as the spouse of a United States citizen or lawful
permanent resident under section 201(b)(2) or 203(a)(2)
until—
‘‘(i) 7 years after the date the alien is lawfully
admitted to the United States for permanent resi-
dence, or
‘‘(ii) such time as the alien is naturalized as a
citizen of the United States,
whichever occurs first.
‘‘(C) An affidavit of support shall be enforceable with
respect to benefits provided under any means-tested public
benefits program for an alien who is admitted to the Unit-
ed States as the minor child of a United States citizen
or lawful permanent resident under section 201(b)(2) or
section 203(a)(2) until the child attains the age of 21
years.
‘‘(D)(i) Notwithstanding any other provision of this
subparagraph, a sponsor shall be relieved of any liability
under an affidavit of support if the sponsored alien is able
to prove to the satisfaction of the Attorney General that
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the alien has been employed for 40 qualifying quarters of
coverage as defined under title II of the Social Security
Act and the alien did not receive any benefit under a
means-tested public benefits program of (or contributed
to by) the Federal Government during any such quarter.
‘‘(ii) The Attorney General shall ensure that appro-
priate information pursuant to clause (i) is provided to
the System for Alien Verification of Eligibility (SAVE).
‘‘(b) 
REIMBURSEMENT
OF
GOVERNMENT
EX-
PENSES.—(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 sub-
paragraph (A).
‘‘(2) If within 45 days after requesting reimburse-
ment, the appropriate Federal, State, or local agency has
not received a response from the sponsor indicating a will-
ingness 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 established by such agency, the agency may, within
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60 days of such failure, bring an action against the spon-
sor pursuant to the affidavit of support.
‘‘(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 pro-
gram.
‘‘(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 affi-
davit of support.
‘‘(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
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remedies available under State law. A Federal agency may
seek to collect amounts owed under this section in accord-
ance with the provisions of subchapter II of chapter 37
of title 31, United States Code.
‘‘(d) NOTIFICATION OF CHANGE OF ADDRESS.—(1)
The sponsor of an alien shall notify the Federal Govern-
ment and the State in which the sponsored alien is cur-
rently residing within 30 days of any change of address
of the sponsor during the period specified in subsection
(a)(1).
‘‘(2) Any person subject to the requirement of para-
graph (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 sponsored alien has received any benefit under
any means-tested public benefits program, not less
than $2,000 or more than $5,000.
‘‘(e) DEFINITIONS.—For the purposes of this sec-
tion—
‘‘(1) SPONSOR.—The term ‘sponsor’ means,
with respect to an alien, an individual who—
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‘‘(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 State;
‘‘(D) demonstrates, through presentation
of a certified copy of an individual’s Federal in-
come tax returns for the individual’s most re-
cent two taxable years and a written statement,
executed under oath or as permitted under pen-
alty of perjury under section 1746 of title 28,
United States Code, that the copies are accu-
rate copies of such returns, (i) the means to
maintain an annual income equal to at least
200 percent of the poverty level for the individ-
ual and the individual’s family (including the
alien and any other aliens with respect to whom
the individual is a sponsor), or (ii) for an indi-
vidual who is on active duty (other than active
duty for training) in the Armed Forces of the
United States, the means to maintain an an-
nual income equal to at least 100 percent of the
poverty level for the individual and the individ-
ual’s family including the alien and any other
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aliens with respect to whom the individual is a
sponsor); and
‘‘(E) is petitioning for the admission of the
alien under section 204 (or is an individual who
is a United States citizen and who accepts joint
and several liability with the petitioner).
‘‘(2) FEDERAL
POVERTY
LINE.—The term
‘Federal poverty line’ means the income official pov-
erty line (as defined in section 673(2) of the Com-
munity Services Block Grant Act) that is applicable
to a family of the size involved.
‘‘(3) MEANS-TESTED
PUBLIC
BENEFITS
PRO-
GRAM.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the term ‘means-tested public bene-
fits program’ means a program of public bene-
fits (including cash, medical, housing, and food
assistance and social services) of the Federal
Government or of a State or political subdivi-
sion of a State in which the eligibility of an in-
dividual, household, or family eligibility unit for
benefits under the program, or the amount of
such benefits, or both are determined on the
basis of income, resources, or financial need of
the individual, household, or unit.
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‘‘(B) EXCEPTIONS.—Such term does not
include the following benefits:
‘‘(i) Medical assistance provided for
emergency medical services under title XIX
of the Social Security Act.
‘‘(ii) The provision of short-term, non-
cash, in kind emergency relief.
‘‘(iii) Benefits under the National
School Lunch Act.
‘‘(iv) Assistance under the Child Nu-
trition Act of 1966.
‘‘(v) Public health assistance for im-
munizations with respect to immunizable
diseases and for testing and treatment for
communicable diseases.
‘‘(vi) The provision of services directly
related to assisting the victims of domestic
violence or child abuse.
‘‘(vii) Benefits under programs of stu-
dent 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.
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‘‘(viii) Benefits under means-tested
programs under the Elementary and Sec-
ondary Education Act of 1965.
‘‘(ix) Benefits under the Head Start
Act.’’.
(b) REQUIREMENT
OF
AFFIDAVIT
OF
SUPPORT
FROM EMPLOYMENT SPONSORS.—For requirement for af-
fidavit of support from individuals who file classification
petitions for a relative as an employment-based immi-
grant, see the amendment made by section 621(a).
(c) SETTLEMENT OF CLAIMS PRIOR TO NATURALIZA-
TION.—Section 316 (8 U.S.C. 1427) is amended—
(1) in subsection (a), by striking ‘‘and’’ before
‘‘(3)’’, and by inserting before the period at the end
the following: ‘‘, and (4) in the case of an applicant
that has received assistance under a means-tested
public benefits program (as defined in subsection
(f)(3) of section 213A) administered by a Federal,
State, or local agency and with respect to which
amounts may be owing under an affidavit of support
executed under such section, provides satisfactory
evidence that there are no outstanding amounts that
may be owed to any such Federal, State, or local
agency pursuant to such affidavit by the sponsor
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who executed such affidavit, except as provided in
subsection (g)’’; and
(2) by adding at the end the following new sub-
section:
‘‘(g) Clause (4) of subsection (a) shall not apply to
an applicant where the applicant can demonstrate that—
‘‘(A) either—
‘‘(i) the applicant has been battered or
subject to extreme cruelty in the United States
by a spouse or parent or by a member of the
spouse or parent’s family residing in the same
household as the applicant and the spouse or
parent consented or acquiesced to such battery
or cruelty, or
‘‘(ii) the applicant’s child has been bat-
tered or subject to extreme cruelty in the Unit-
ed States by the applicant’s spouse or parent
(without the active participation of the appli-
cant in the battery or extreme cruelty), or by a
member of the spouse or parent’s family resid-
ing in the same household as the applicant
when the spouse or parent consented or acqui-
esced to and the applicant did not actively par-
ticipate in such battery or cruelty;
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‘‘(B) such battery or cruelty has led to the issu-
ance of an order of a judge or an administrative law
judge or a prior determination of the Service; and
‘‘(C) the need for the public benefits received as
to which amounts are owing had a substantial con-
nection to the battery or cruelty described in sub-
paragraph (A).’’.
(d) CLERICAL AMENDMENT.—The table of contents
is amended by inserting after the item relating to section
213 the following:
‘‘Sec. 213A.
Requirements for sponsor’s affidavit of support.’’.
(e) 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 Attor-
ney General formulates the form for such affidavits under
subsection (f) of this section.
(f) PROMULGATION OF FORM.—Not later than 90
days after the date of the enactment of this Act, the Attor-
ney General, in consultation with the Secretary of State
and the Secretary of Health and Human Services, shall
promulgate a standard form for an affidavit of support
consistent with the provisions of section 213A of the Im-
migration and Nationality Act.
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SEC. 633. COSIGNATURE OF ALIEN STUDENT LOANS.
Section 484(b) of the Higher Education Act of 1965
(20 U.S.C. 1091(b)) is amended by adding at the end the
following new paragraph:
‘‘(6) 
Notwithstanding 
sections 
427(a)(2)(A),
428B(a), 428C(b)(4)(A), and 464(c)(1)(E), a student who
is an alien lawfully admitted under the Immigration and
Nationality Act, otherwise eligible for student financial as-
sistance under this title, and for whom an affidavit of sup-
port has been provided under section 213A of such Act
shall not be eligible for a loan under this title unless the
loan is endorsed and cosigned by the alien’s sponsor under
such section or by another credit-worthy individual who
is a citizen or national of the United States.’’.
SEC. 634. STATUTORY CONSTRUCTION.
Nothing in this title may be construed as an entitle-
ment or a determination of an individual’s eligibility or
fulfillment of the requisite requirements for any Federal,
State, or local governmental program, assistance, or bene-
fits. For purposes of this title, eligibility relates only to
the general issue of eligibility or ineligibility on the basis
of alienage.
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TITLE VII—FACILITATION OF
LEGAL ENTRY
SEC. 701. ADDITIONAL LAND BORDER INSPECTORS; INFRA-
STRUCTURE IMPROVEMENTS.
(a) INCREASED PERSONNEL.—
(1) IN GENERAL.—In order to eliminate undue
delay in the thorough inspection of persons and vehi-
cles lawfully attempting to enter the United States,
the Attorney General shall increase, by approxi-
mately equal numbers in each of the fiscal years
1996 and 1997, the number of full-time land border
inspectors assigned to active duty by the Immigra-
tion and Naturalization Service to a level adequate
to assure full staffing during peak crossing hours of
all border crossing lanes now in use, under construc-
tion, or construction of which has been authorized
by Congress.
(2) DEPLOYMENT OF PERSONNEL.—The Attor-
ney General shall, to the maximum extent prac-
ticable, ensure that the personnel hired pursuant to
this subsection shall be deployed among the various
Immigration and Naturalization Service sectors in
proportion to the number of land border crossings
measured in each such sector during the preceding
fiscal year.
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(b) IMPROVED INFRASTRUCTURE.—
(1) IN GENERAL.—The Attorney General from
time to time may identify those physical improve-
ments to the infrastructure of the international land
borders of the United States necessary to expedite
the inspection by the Immigration and Naturaliza-
tion Service of persons and vehicles attempting to
lawfully enter the United States in accordance with
existing policies and procedures of the Immigration
and Naturalization Service and the Drug Enforce-
ment Agency.
(2) PRIORITIES.—Such improvements to the in-
frastructure of the land border of the United States
shall be substantially completed and fully funded in
those portions of the United States where the Attor-
ney General, in consultation with the Committees on
the Judiciary of the House of Representatives and
the Senate, objectively determines the need to be
greatest or most immediate before the Attorney Gen-
eral may obligate funds for construction of any im-
provement otherwise located.
SEC. 702. COMMUTER LANE PILOT PROGRAMS.
(a) MAKING LAND BORDER INSPECTION FEE PER-
MANENT.—Section 286(q) (8 U.S.C. 1356(q)) is amend-
ed—
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(1) in paragraph (1), by striking ‘‘a project’’
and inserting ‘‘projects’’;
(2) in paragraph (1), by striking ‘‘Such
project’’ and inserting ‘‘Such projects’’; and
(3) by striking paragraph (5).
(b) CONFORMING AMENDMENT.—The Departments
of Commerce, Justice, and State, the Judiciary, and Re-
lated Agencies Appropriation Act, 1994 (Public Law 103–
121, 107 Stat. 1161) is amended by striking the fourth
proviso under the heading ‘‘Immigration and Naturaliza-
tion Service, Salaries and Expenses’’.
SEC. 703. PREINSPECTION AT FOREIGN AIRPORTS.
(a) IN GENERAL.—The Immigration and Nationality
Act is amended by inserting after section 235 the following
new section:
‘‘PREINSPECTION AT FOREIGN AIRPORTS
‘‘SEC. 
235A. 
(a) 
ESTABLISHMENT
OF
PRE-
INSPECTION STATIONS.—(1) Subject to paragraph (4),
not later than 2 years after the date of the enactment of
this section, the Attorney General, in consultation with the
Secretary of State, shall establish and maintain
preinspection stations in at least 5 of the foreign airports
that are among the 10 foreign airports which the Attorney
General identifies as serving as last points of departure
for the greatest numbers of passengers who arrive from
abroad by air at ports of entry within the United States.
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Such preinspection stations shall be in addition to any
preinspection stations established prior to the date of the
enactment of this section.
‘‘(2) Not later than November 1, 1995, and each sub-
sequent November 1, the Attorney General shall compile
data identifying—
‘‘(A) the foreign airports which served as last
points of departure for aliens who arrived by air at
United States ports of entry without valid docu-
mentation during the preceding fiscal years,
‘‘(B) the number and nationality of such aliens
arriving from each such foreign airport, and
‘‘(C) the primary routes such aliens followed
from their country of origin to the United States.
‘‘(3) Subject to paragraph (4), not later than 4 years
after the date of enactment of this section, the Attorney
General, in consultation with the Secretary of State, shall
establish preinspection stations in at least 5 additional for-
eign airports which the Attorney General, in consultation
with the Secretary of State, determines based on the data
compiled under paragraph (2) and such other information
as may be available would most effectively reduce the
number of aliens who arrive from abroad by air at points
of entry within the United States without valid docu-
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mentation. Such preinspection stations shall be in addition
to those established prior to or pursuant to paragraph (1).
‘‘(4) Prior to the establishment of a preinspection
station the Attorney General, in consultation with the Sec-
retary of State, shall ensure that—
‘‘(A) employees of the United States stationed
at the preinspection station and their accompanying
family members will receive appropriate protection,
‘‘(B) such employees and their families will not
be subject to unreasonable risks to their welfare and
safety, and
‘‘(C) the country in which the preinspection sta-
tion is to be established maintains practices and pro-
cedures with respect to asylum seekers and refugees
in accordance with the Convention Relating to the
Status of Refugees (done at Geneva, July 28, 1951),
or the Protocol Relating to the Status of Refugees
(done at New York, January 31, 1967).
‘‘(b) ESTABLISHMENT
OF CARRIER CONSULTANT
PROGRAM.—The Attorney General shall assign additional
immigration officers to assist air carriers in the detection
of fraudulent documents at foreign airports which, based
on the records maintained pursuant to subsection (a)(2),
served as a point of departure for a significant number
of arrivals at United States ports of entry without valid
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documentation, but where no preinspection station ex-
ists.’’.
(b) CLERICAL AMENDMENT.—The table of contents,
as amended by section 308(a)(2), is further amended by
inserting after the item relating to section 235 the follow-
ing new item:
‘‘Sec. 235A.
Preinspection at foreign airports.’’.
SEC. 704. TRAINING OF AIRLINE PERSONNEL IN DETEC-
TION OF FRAUDULENT DOCUMENTS.
(a) USE OF FUNDS.—Section 286(h)(2)(A) (8 U.S.C.
1356(h)(2)(A)) is amended—
(1) in clause (iv), by inserting ‘‘, including
training of, and technical assistance to, commercial
airline personnel regarding such detection’’ after
‘‘United States’’, and
(2) by adding at the end the following:
‘‘The Attorney General shall provide for expenditures for
training and assistance described in clause (iv) in an
amount, for any fiscal year, not less than 5 percent of
the total of the expenses incurred that are described in
the previous sentence.’’.
(b) 
COMPLIANCE
WITH
DETECTION
REGULA-
TIONS.—Section 212(f) (8 U.S.C. 1182(f)) is amended by
adding at the end the following: ‘‘Whenever the Attorney
General finds that a commercial airline has failed to com-
ply with regulations of the Attorney General relating to
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requirements of airlines for the detection of fraudulent
documents used by passengers traveling to the United
States (including the training of personnel in such detec-
tion), the Attorney General may suspend the entry of some
or all aliens transported to the United States by such air-
line.’’.
(c) EFFECTIVE DATES.—
(1) The amendments made by subsection (a)
shall apply to expenses incurred during or after fis-
cal year 1996.
(2) The Attorney General shall first issue, in
proposed form, regulations referred to in the second
sentence of section 212(f) of the Immigration and
Nationality Act, as added by the amendment made
by subsection (b), by not later than 90 days after
the date of the enactment of this Act.
TITLE VIII—MISCELLANEOUS
PROVISIONS
Subtitle A—Amendments to the
Immigration and Nationality Act
SEC. 801. NONIMMIGRANT STATUS FOR SPOUSES AND CHIL-
DREN OF MEMBERS OF THE ARMED SERV-
ICES.
Section 101(a)(15) (8 U.S.C. 1101(a)(15)) is amend-
ed—
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(1) by striking ‘‘or’’ at the end of subparagraph
(R),
(2) by striking the period at the end of sub-
paragraph (S) and inserting ‘‘; or’’, and
(3) by inserting after subparagraph (S) the fol-
lowing new subparagraph:
‘‘(T) an alien who is the spouse or child of a
another alien who is serving on active duty in the
Armed Forces of the United States during the pe-
riod in which the other alien is stationed in the
United States.’’.
SEC. 802. AMENDED DEFINITION OF AGGRAVATED FELONY.
(a) IN GENERAL.—Section 101(a)(43) (8 U.S.C.
1101(a)(43)), as amended by section 222 of the Immigra-
tion and Nationality Technical Corrections Act of 1994
(Public Law 103–416), is amended—
(1) in subparagraph (N), by striking ‘‘of title
18, United States Code’’ and inserting ‘‘of this Act’’,
and
(2) in subparagraph (O), by striking ‘‘which
constitutes’’ and all that follows up to the semicolon
at the end and inserting ‘‘, for the purpose of com-
mercial advantage’’.
(b) EFFECTIVE DATE
OF CONVICTION.—Section
101(a)(43) (8 U.S.C. 1101(a)(43)), as amended by section
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222(a) of the Immigration and Nationality Technical Cor-
rections Act of 1994 (Public Law 103–416), is amended
by adding at the end the following sentence: ‘‘Notwith-
standing any other provision of law, the term applies for
all purposes to convictions entered before, on, or after the
date of enactment of the Immigration and Nationality
Technical Corrections Act of 1994.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall be effective as if included in the enact-
ment of the Immigration and Nationality Technical Cor-
rections Act of 1994 (Public Law 103–416).
SEC. 803. AUTHORITY TO DETERMINE VISA PROCESSING
PROCEDURES.
(a) IN
GENERAL.—Section 202(a) (8 U.S.C.
1152(a)) is amended—
(1) in paragraph (1), by striking ‘‘paragraph
(2)’’ and inserting ‘‘paragraphs (2) and (5)’’, and
(2) by adding at the end the following new
paragraph:
‘‘(5) CONSTRUCTION.—Nothing in paragraph
(1) shall be construed to limit the authority of the
Secretary of State to determine the procedures for
the processing of immigrant visa applications or the
locations where such applications will be processed.’’.
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(b) ELIMINATION
OF CONSULATE SHOPPING
FOR
VISA OVERSTAYS.—Section 222 (8 U.S.C. 1202) is
amended by adding at the end the following new sub-
section:
‘‘(g) In the case of an alien who has entered and re-
mained in the United States beyond the authorized period
of stay, the alien is not eligible to be admitted to the Unit-
ed States as a nonimmigrant on the basis of a visa issued
other than in a consular office located in the country of
the alien’s nationality (or, if there is no office in such
country, at such other consular office as the Secretary of
State shall specify).’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply to visas issued before, on, or after
the date of the enactment of this Act.
SEC. 804. WAIVER AUTHORITY CONCERNING NOTICE OF
DENIAL OF APPLICATION FOR VISAS.
Section 212(b) (8 U.S.C. 1182(b)) is amended—
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B);
(2) by striking ‘‘If’’ and inserting ‘‘(1) Subject
to paragraph (2), if’’; and
(3) by inserting at the end the following para-
graph:
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‘‘(2) With respect to applications for visas, the Sec-
retary of State may waive the application of paragraph
(1) in the case of a particular alien or any class or classes
of aliens inadmissible under subsection (a)(2) or (a)(3).’’.
SEC. 805. TREATMENT OF CANADIAN LANDED IMMIGRANTS.
Section 212(d)(4)(B) (8 U.S.C. 1182(d)(4)(B)) is
amended—
(1) by striking ‘‘and residents’’ and inserting ‘‘,
residents’’, and
(2) by striking ‘‘nationals,’’ and inserting ‘‘na-
tionals, and aliens who are granted permanent resi-
dence by the government of the foreign contiguous
territory and who are residing in that territory’’.
SEC. 806. CHANGES RELATING TO H–1B NONIMMIGRANTS.
(a) PROVISIONS RELATING TO WAGE DETERMINA-
TIONS.—Section 212(n) (8 U.S.C. 1182(n)) is amended
by adding at the end the following new paragraphs:
‘‘(3) For purposes of determining the actual wage
level paid under paragraph (1)(A)(i)(I), an employer shall
not be required to have and document an objective system
to determine the wages of workers.
‘‘(4) For purposes of determining the actual wage
level paid under paragraph (1)(A)(i)(I), a non-H–1B-de-
pendent employer of more than 1,000 full-time equivalent
employees in the United States may demonstrate that in
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determining the wages of H–1B nonimmigrants, it utilizes
a compensation and benefits system that has been pre-
viously certified by the Secretary of Labor (and recertified
at such intervals the Secretary of Labor may designate)
to satisfy all of the following conditions:
‘‘(A) The employer has a company-wide com-
pensation policy for its full-time equivalent employ-
ees which ensures salary equity among employees
similarly employed.
‘‘(B) The employer has a company-wide benefits
policy under which all full-time equivalent employees
similarly employed are eligible for substantially the
same benefits or under which some employees may
accept higher pay, at least equal in value to the ben-
efits, in lieu of benefits.
‘‘(C) The compensation and benefits policy is
communicated to all employees.
‘‘(D) The employer has a human resources or
compensation function that administers its com-
pensation system.
‘‘(E) The employer has established documenta-
tion for the job categories in question.
An employer’s payment of wages consistent with a system
which meets the conditions of subparagraphs (A) through
(E) of this paragraph which has been certified by the Sec-
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retary of Labor pursuant to this paragraph shall be
deemed to satisfy the requirements of paragraph
(1)(A)(i)(I).
‘‘(5) For purposes of determining the prevailing wage
level paid under paragraph (1)(A)(i)(II), employers may
provide a published survey, a State Employment Security
Agency determination, a determination by an accepted pri-
vate source, or any other legitimate source. The Secretary
of Labor shall, not later than 180 days from the date of
enactment of this paragraph, provide for acceptance of
prevailing wage determinations not made by a State Em-
ployment Security Agency. The Secretary of Labor or the
Secretary’s designate must either accept such a non-State
Employment Security Agency wage determination or issue
a written decision rejecting the determination and detail-
ing the legitimate reasons that the determination is not
acceptable. If a detailed rejection is not issued within 45
days of the date of the Secretary’s receipt of such deter-
mination, the determination will be deemed accepted. An
employer’s payment of wages consistent with a prevailing
wage determination not rejected by the Secretary of Labor
under this paragraph shall be deemed to satisfy the re-
quirements of paragraph (1)(A)(i)(II).’’.
(b) INAPPLICABILITY OF CERTAIN REGULATIONS TO
NON-H–1B-DEPENDENT EMPLOYERS.—
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(1) DEFINITION
OF
H–1B-DEPENDENT
EM-
PLOYER.—Section 212(n)(2) (8 U.S.C. 1182(n)(2))
is amended by inserting after subparagraph (D) the
following new subparagraphs:
‘‘(E) In this subsection, the term ‘H–1B-dependent
employer’ means an employer that—
‘‘(i)(I) has fewer than 21 full-time equivalent
employees who are employed in the United States,
and (II) employs 4 or more H–1B nonimmigrants;
or
‘‘(ii)(I) has at least 21 but not more than 150
full-time equivalent employees who are employed in
the United States, and (II) employs H–1B
nonimmigrants in a number that is equal to at least
20 percent of the number of such full-time equiva-
lent employees; or
‘‘(iii)(I) has at least 151 full-time equivalent
employees who are employed in the United States,
and (II) employs H–1B nonimmigrants in a number
that is equal to at least 15 percent of the number
of such full-time equivalent employees.
In applying this subparagraph, any group treated as a sin-
gle employer under subsection (b), (c), (m), or (o) of sec-
tion 414 of the Internal Revenue Code of 1986 shall be
treated as a single employer. Aliens employed under a pe-
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tition for H–1B nonimmigrants shall be treated as em-
ployees, and counted as nonimmigrants under section
101(a)(15)(H)(i)(b) under this subparagraph. In this sub-
section, the term ‘non-H–1B-dependent employer’ means
an employer that is not an H–1B-dependent employer.
‘‘(F)(i) An employer who is an H–1B-dependent em-
ployer as defined in subparagraph (E) can nevertheless be
treated as a non-H–1B-dependent employer for five years
on a probationary status if—
‘‘(I) the employer has demonstrated to the sat-
isfaction of the Secretary of Labor that it has devel-
oped a reasonable plan for reducing its use of H–
1B nonimmigrants over a five-year period to the
level of a non-H–1B-dependent employer, and
‘‘(II) annual reviews of that plan by the Sec-
retary of Labor indicate successful implementation
of that plan.
If the employer has not met the requirements established
in this clause, the probationary status ends and the em-
ployer shall be treated as an H–1B-dependent employer
until such time as the employer can prove to the Secretary
of Labor that it no longer is an H–1B-dependent employer
as defined in subparagraph (E).
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‘‘(ii) The probationary program set out in clause (i)
shall be effective for no longer than five years after the
date of the enactment of this subparagraph.’’.
(2) LIMITING
APPLICATION
OF
CERTAIN
RE-
QUIREMENTS FOR NON-H–1B-DEPENDENT EMPLOY-
ERS.—Section 212(n) (8 U.S.C. 1182(n)), as
amended by subsection (a), is further amended by
adding at the end the following new paragraph:
‘‘(6) In carrying out this subsection in the case of
an employer that is a non-H–1B-dependent employer—
‘‘(A) the employer is not required to post a no-
tice at a worksite that was not listed on the applica-
tion under paragraph (1) if the worksite is within
the area of intended employment listed on such ap-
plication for such nonimmigrant; and
‘‘(B) if the employer has filed and had certified
an application under paragraph (1) with respect to
one or more H–1B nonimmigrants for one or more
areas of employment—
‘‘(i) the employer is not required to file
and have certified an additional application
under paragraph (1) with respect to such a
nonimmigrant for an area of employment not
listed in the previous application because the
employer has placed one or more such
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nonimmigrants in such a nonlisted area so long
as either (I) each such nonimmigrant is not
placed in such nonlisted areas for a period ex-
ceeding 45 workdays in any 12-month period
and not to exceed 90 workdays in any 36-month
period, or (II) each such nonimmigrant’s prin-
cipal place of employment has not changed to
a nonlisted area, and
‘‘(ii) the employer is not required to pay
per diem and transportation costs at any speci-
fied rates for work performed in such a
nonlisted area.’’.
(3) LIMITATION
ON
AUTHORITY
TO
INITIATE
COMPLAINTS
AND
CONDUCT
INVESTIGATIONS
FOR
NON-H–1B-DEPENDENT
EMPLOYERS.—Section
212(n)(2)(A) (8 U.S.C. 1182(n)(2)(A)) is amend-
ed—
(A) in the second sentence, by inserting be-
fore the period at the end the following: ‘‘, ex-
cept that the Secretary may only file such a
complaint in the case of an H–1B-dependent
employer (as defined in subparagraph (E)) or
when conducting an annual review of a plan
pursuant to subparagraph (F)(i) if there ap-
pears to be a violation of an attestation or a
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misrepresentation of a material fact in an appli-
cation’’, and
(B) by inserting after the second sentence
the following new sentence: ‘‘No investigation or
hearing shall be conducted with respect to a
non-H–1B-dependent employer except in re-
sponse to a complaint filed under the previous
sentence.’’.
(c) NO DISPLACEMENT
OF AMERICAN WORKERS
PERMITTED.—(1) 
Section 
212(n)(1) 
(8 
U.S.C.
1182(n)(1)) is amended by inserting after subparagraph
(D) the following new subparagraph:
‘‘(E)(i) If the employer, within the period be-
ginning 6 months before and ending 90 days follow-
ing the date of filing of the application or during the
90 days immediately preceding and following the
date of filing of any visa petition supported by the
application, has laid off or lays off any protected in-
dividual with substantially equivalent qualifications
and experience in the specific employment as to
which the nonimmigrant is sought or is employed,
the employer will pay a wage to the nonimmigrant
that is at least 110 percent of the arithmetic mean
of the last wage earned by all such laid off individ-
uals (or, if greater, at least 110 percent of the arith-
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metic mean of the highest wage earned by all such
laid off individuals within the most recent year if the
employer reduced the wage of any such laid off indi-
vidual during such year other than in accordance
with a general company-wide reduction of wages for
substantially all employees).
‘‘(ii) Except as provided in clause (iii), in the
case of an H–1B-dependent employer which employs
an H–1B nonimmigrant, the employer shall not
place the nonimmigrant with another employer
where—
‘‘(I) the nonimmigrant performs his or her
duties in whole or in part at one or more work-
sites owned, operated, or controlled by such
other employer, and
‘‘(II) there are indicia of an employment
relationship between the nonimmigrant and
such other employer.
‘‘(iii) Clause (ii) shall not apply to an employ-
er’s placement of an H–1B nonimmigrant with an-
other employer if—
‘‘(I) the other employer has executed an
attestation that it, within the period beginning
6 months before and ending 90 days following
the date of filing of the application or during
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the 90 days immediately preceding and follow-
ing the date of filing of any visa petition sup-
ported by the application, has not laid off and
will not lay off any protected individual with
substantially equivalent qualifications and expe-
rience in the specific employment as to which
the H–1B nonimmigrant is being sought or is
employed, or
‘‘(II) the employer pays a wage to the non-
immigrant that is at least 110 percent of the
arithmetic mean of the last wage earned by all
such laid off individuals (or, if greater, at least
110 percent of the arithmetic mean of the high-
est wage earned by all such laid off individuals
within the most recent year if the other em-
ployer reduced the wage of any such laid off in-
dividual during such year other than in accord-
ance with a general company-wide reduction of
wages for substantially all employees).
‘‘(iv) For purposes of this subparagraph, the
term ‘laid off’, with respect to an individual—
‘‘(I) refers to the individual’s loss of em-
ployment, other than a discharge for inadequate
performance, cause, voluntary departure, or re-
tirement, and
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‘‘(II) does not include any situation in
which the individual involved is offered, as an
alternative to such loss of employment, a simi-
lar job opportunity with the same employer (or
with the H–1B-dependent employer described in
clause (ii)) carrying equivalent or higher com-
pensation and benefits as the position from
which the employee was laid off, regardless of
whether or not the employee accepts the offer.
‘‘(v) For purposes of this subparagraph, the
term ‘protected individual’ means an individual
who—
‘‘(I) is a citizen or national of the United
States, or
‘‘(II) is an alien who is lawfully admitted
for permanent residence, is granted the status
of an alien lawfully admitted for temporary res-
idence under section 210(a), 210A(a), or
245(a)(1), is admitted as a refugee under sec-
tion 207, or is granted asylum under section
208.’’.
(2) Section 212(n)(2) (8 U.S.C. 1182(n)(2)), as
amended by subsection (b)(1), is amended by adding at
the end the following new subparagraph:
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‘‘(G) Under regulations of the Secretary, the previous
provisions of this paragraph shall apply to complaints re-
specting a failure of an other employer to comply with an
attestation described in paragraph (1)(E)(iii)(I) in the
same manner that they apply to complaints with respect
to a failure to comply with a condition described in para-
graph (1)(E)(i).’’.
(3) Section 212(n)(2)(C) (8 U.S.C. 1182(n)(2)(C)) is
amended by inserting ‘‘or (1)(E)’’ after ‘‘(1)(B)’’.
(d) INCREASED PENALTIES.—Section 212(n)(2) is
amended—
(1) 
in 
subparagraph 
(C)(i), 
by 
striking
‘‘$1,000’’ and inserting ‘‘$5,000’’;
(2) by amending subparagraph (C)(ii) to read
as follows:
‘‘(ii) the Attorney General shall not approve pe-
titions filed with respect to that employer (or any
employer who is a successor in interest) under sec-
tion 204 or 214(c) for aliens to be employed by the
employer—
‘‘(I) during a period of at least 1 year in
the case of the first determination of a violation
or any subsequent determination of a violation
occurring within 1 year of that first violation or
any subsequent determination of a nonwillful
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violation occurring more than 1 year after the
first violation;
‘‘(II) during a period of at least 5 years in
the case of a determination of a willful violation
occurring more than 1 year after the first viola-
tion; and
‘‘(III) at any time in the case of a deter-
mination of a willful violation occurring more
than 5 years after a violation described in
subclause (II).’’; and
(3) in subparagraph (D), by adding at the end
the following: ‘‘If a penalty under subparagraph (C)
has been imposed in the case of a willful violation,
the Secretary shall impose on the employer a civil
monetary penalty in an amount equalling twice the
amount of backpay.’’.
(e) COMPUTATION OF PREVAILING WAGE LEVEL.—
Section 212(n) (8 U.S.C. 1182(n)), as amended by sub-
sections (a) and (b)(2), is further amended by adding at
the end the following new paragraph:
‘‘(7) In computing the prevailing wage level for an
occupational classification in an area of employment for
purposes of paragraph (1)(A)(i)(II) and subsection
(a)(5)(A) in the case of an employee of (A) an institution
of higher education (as defined in section 1201(a) of the
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Higher Education Act of 1965), or a related or affiliated
nonprofit entity, or (B) a nonprofit scientific research or-
ganization, the prevailing wage level shall only take into
account employees at such institutions and entities in the
area of employment.’’.
(f) CONFORMING AMENDMENTS.—Section 212(n) (8
U.S.C. 1182(n)) is further amended—
(1) in the matter in paragraph (1) before sub-
paragraph (A), by inserting ‘‘(in this subsection re-
ferred to as an ‘H–1B nonimmigrant’)’’ after
‘‘101(a)(15)(H)(i)(b)’’; and
(2) in paragraph (1)(A), by striking ‘‘non-
immigrant described in section 101(a)(15)(H)(i)(b)’’
and inserting ‘‘H–1B nonimmigrant’’.
(g) EFFECTIVE DATES.—
(1) Except as otherwise provided in this sub-
section, the amendments made by this section shall
take effect on the date of the enactment of this Act
and shall apply to applications filed with the Sec-
retary of Labor on or after 30 days after the date
of the enactment of this Act.
(2) The amendments made by subsection (b)(3)
shall apply to complaints filed, and to investigations
or hearings initiated, on or after January 19, 1995.
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SEC. 807. VALIDITY OF PERIOD OF VISAS.
(a) EXTENSION OF VALIDITY OF IMMIGRANT VISAS
TO 6 MONTHS.—Section 221(c) (8 U.S.C. 1201(c)) is
amended by striking ‘‘four months’’ and inserting ‘‘six
months’’.
(b) AUTHORIZING APPLICATION
OF RECIPROCITY
RULE FOR NONIMMIGRANT VISA IN CASE OF REFUGEES
AND PERMANENT RESIDENTS.—Such section is further
amended by inserting before the period at the end of the
third sentence the following: ‘‘; except that in the case of
aliens who are nationals of a foreign country and who ei-
ther are granted refugee status and firmly resettled in an-
other foreign country or are granted permanent residence
and residing in another foreign country, the Secretary of
State may prescribe the period of validity of such a visa
based upon the treatment granted by that other foreign
country to alien refugees and permanent residents, respec-
tively, in the United States’’.
SEC. 808. LIMITATION ON ADJUSTMENT OF STATUS OF IN-
DIVIDUALS NOT LAWFULLY PRESENT IN THE
UNITED STATES.
(a) IN GENERAL.—Section 245(i) (8 U.S.C. 1255),
as added by section 506(b) of the Department of State
and Related Agencies Appropriations Act, 1995 (Public
Law 103–317, 108 Stat. 1765), is amended—
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(1) in paragraph (1), by inserting ‘‘pursuant to
section 301 of the Immigration Act of 1990 is not
required to depart from the United States and who’’
after ‘‘who’’ the first place it appears; and
(2) by adding at the end of paragraph (2) the
following: ‘‘For purposes of subparagraph (A), the
ground of inadmissibility described in section
212(a)(9) shall not apply.’’.
(b) EFFECTIVE DATE.—(1) The amendment made by
subsection (a)(1) shall apply to applications for adjust-
ment of status filed after September 30, 1996.
(2) The amendment made by subsection (a)(2) shall
take effect on the title III–A effective date (as defined in
section 309(a)).
SEC. 809. LIMITED ACCESS TO CERTAIN CONFIDENTIAL INS
FILES.
(a) LEGALIZATION PROGRAM.—Section 245A(c)(5)
(8 U.S.C. 1255a(c)(5)) is amended—
(1) by redesignating subparagraphs (A) through
(C) as clauses (i) through (iii), respectively;
(2) by striking ‘‘Neither’’ and inserting ‘‘(A)
Except as provided in this paragraph, neither’’;
(3) by redesignating the last sentence as sub-
paragraph (D);
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(4) by striking the semicolon and inserting a
period;
(5) by striking ‘‘except that the’’ and inserting
the following:
‘‘(B) The’’;
(6) by inserting after subparagraph (B), as cre-
ated by the amendment made by paragraph (5), the
following:
‘‘(C) The Attorney General may authorize an
application to a Federal court of competent jurisdic-
tion for, and a judge of such court may grant, an
order authorizing disclosure of information con-
tained in the application of the alien under this sec-
tion to be used—
‘‘(i) for identification of the alien when
there is reason to believe that the alien has
been killed or severely incapacitated; or
‘‘(ii) for criminal law enforcement purposes
against the alien whose application is to be dis-
closed if the alleged criminal activity occurred
after the legalization application was filed and
such activity involves terrorist activity or poses
either an immediate risk to life or to national
security, or would be prosecutable as an aggra-
vated felony, but without regard to the length
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of sentence that could be imposed on the appli-
cant.’’; and
(7) by adding at the end the following new sub-
paragraph:
‘‘(E) Nothing in this paragraph shall preclude
the release for immigration enforcement purposes of
the following information contained in files or
records of the Service pertaining to the application:
‘‘(i) The immigration status of the appli-
cant on any given date after the date of filing
the application (including whether the applicant
was authorized to work) but only for purposes
of a determination of whether the applicant is
eligible for relief from deportation or removal
and not otherwise.
‘‘(ii) The date of the applicant’s adjust-
ment (if any) to the status of an alien lawfully
admitted for permanent residence.
‘‘(iii) Information concerning whether the
applicant has been convicted of a crime occur-
ring after the date of filing the application.
‘‘(iv) The date or disposition of the appli-
cation.’’.
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(b) SPECIAL AGRICULTURAL WORKER PROGRAM.—
Section 210(b) of such Act (8 U.S.C. 1160(b)) is amend-
ed—
(1) in paragraph (5), by inserting ‘‘, except as
permitted under paragraph (6)(B)’’ after ‘‘consent
of the alien’’; and
(2) in paragraph (6)—
(A) in subparagraph (A), by striking the
period at the end and inserting a comma,
(B) by redesignating subparagraphs (A)
through (C) as clauses (i) through (iii), respec-
tively,
(C) by striking ‘‘Neither’’ and inserting
‘‘(A) Except as provided in subparagraph (B),
neither’’,
(D) by striking ‘‘Anyone’’ and inserting
the following:
‘‘(C) Anyone’’,
(E) by inserting after the first sentence the
following:
‘‘(B) The Attorney General may authorize an
application to a Federal court of competent jurisdic-
tion for, and a judge of such court may grant, an
order authorizing disclosure of information con-
tained in the application of the alien to be used—
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‘‘(i) for identification of the alien when
there is reason to believe that the alien has
been killed or severely incapacitated, or
‘‘(ii) for criminal law enforcement purposes
against the alien whose application is to be dis-
closed if the alleged criminal activity occurred
after the special agricultural worker application
was filed and such activity involves terrorist ac-
tivity or poses either an immediate risk to life
or to national security, or would be prosecutable
as an aggravated felony, but without regard to
the length of sentence that could be imposed on
the applicant.’’, and
(F) by adding at the end the following new
subparagraph:
‘‘(D) Nothing in this paragraph shall preclude
the release for immigration enforcement purposes of
the following information contained in files or
records of the Service pertaining to the application:
‘‘(i) The immigration status of the appli-
cant on any given date after the date of filing
the application (including whether the applicant
was authorized to work).
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‘‘(ii) The date of the applicant’s adjust-
ment (if any) to the status of an alien lawfully
admitted for permanent residence.
‘‘(iii) Information concerning whether the
applicant has been convicted of a crime occur-
ring after the date of filing the application.
‘‘(iv) The date or disposition of the appli-
cation.’’.
SEC. 810. CHANGE OF NONIMMIGRANT CLASSIFICATION.
Section 248 (8 U.S.C. 1258) is amended by inserting
at the end the following:
‘‘Any alien whose status is changed under this section may
apply to the Secretary of State for a visa without having
to leave the United States and apply at the visa office.’’.
SEC. 811. CERTIFICATION REQUIREMENTS FOR FOREIGN
HEALTH-CARE WORKERS.
(a) IN
GENERAL.—Section 212(a) (8 U.S.C.
1182(a)), as amended by section 301(b)(1), is amended—
(1) by redesignating paragraph (10) as para-
graph (11), and
(2) by inserting after paragraph (9) the follow-
ing new paragraph:
‘‘(10) CERTIFICATION
REQUIREMENTS
FOR
FOREIGN HEALTH-CARE WORKERS.—Any alien who
seeks to enter the United States for the purpose of
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performing labor as a health care-worker, other than
a physician, is inadmissible unless the consular offi-
cer receives a certification from the Commission on
Graduates of Foreign Nursing Schools or a certifi-
cate from an equivalent independent credentialing
organization approved by the Secretary of Labor
verifying that—
‘‘(A) the alien’s education, training, or ex-
perience meet all applicable statutory and regu-
latory requirements for entry into the United
States under the classification specified in the
application and is comparable to that required
for an American practitioner of the same type;
‘‘(B) any foreign license submitted by the
alien is authentic and unencumbered;
‘‘(C) the alien must have the ability to
read, write, and speak the English language at
a level required for standard business commu-
nication, as demonstrated by the alien’s score
on one or more standardized tests; and
‘‘(D) if the alien is a registered nurse, the
alien has passed an examination testing both
nursing skills and English language pro-
ficiency.’’.
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(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall apply to aliens entering the United
States more than 180 days after the date of the enactment
of this Act.
SEC. 812. COMPUTATION OF TARGETED ASSISTANCE.
Section 412(c)(2) (8 U.S.C. 1522(c)(2)) is amended
by adding at the end the following new subparagraph:
‘‘(C) Except for the Targeted Assistance Ten Percent
Discretionary Program, all grants made available under
this paragraph for a fiscal year shall be allocated by the
Office of Resettlement in a manner that ensures that each
qualifying county shall receive the same amount of assist-
ance for each refugee and entrant residing in the county
as of the beginning of the fiscal year who arrived in the
United States not more than 60 months prior to such fis-
cal year.’’.
Subtitle B—Other Provisions
SEC. 831. COMMISSION REPORT ON FRAUD ASSOCIATED
WITH BIRTH CERTIFICATES.
Section 141 of the Immigration Act of 1990 is
amended—
(1) in subsection (b)—
(A) by striking ‘‘and’’ at the end of para-
graph (1),
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(B) by striking the period at the end of
paragraph (2) and inserting ‘‘; and’’, and
(C) by adding at the end the following new
paragraph:
‘‘(3) transmit to Congress, not later than Janu-
ary 1, 1997, a report containing recommendations
(consistent with subsection (c)(3)) of methods of re-
ducing or eliminating the fraudulent use of birth
certificates for the purpose of obtaining other iden-
tity documents that may be used in securing immi-
gration, employment, or other benefits.’’; and
(2) by adding at the end of subsection (c), the
following new paragraph:
‘‘(3) FOR REPORT ON REDUCING BIRTH CER-
TIFICATE FRAUD.—In the report described in sub-
section (b)(3), the Commission shall consider and
analyze the feasibility of—
‘‘(A) establishing national standards for
counterfeit-resistant birth certificates, and
‘‘(B) limiting the issuance of official copies
of a birth certificate of an individual to anyone
other than the individual or others acting on
behalf of the individual.’’.
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SEC. 832. UNIFORM VITAL STATISTICS.
(a) PILOT PROGRAM.—The Secretary of Health and
Human Services shall consult with the State agency re-
sponsible for registration and certification of births and
deaths and, within 2 years of the date of enactment of
this Act, shall establish a pilot program for 3 of the 5
States with the largest number of undocumented aliens
of an electronic network linking the vital statistics records
of such States. The network shall provide, where practical,
for the matching of deaths with births and shall enable
the confirmation of births and deaths of citizens of such
States, or of aliens within such States, by any Federal
or State agency or official in the performance of official
duties. The Secretary and participating State agencies
shall institute measures to achieve uniform and accurate
reporting of vital statistics into the pilot program network,
to protect the integrity of the registration and certification
process, and to prevent fraud against the Government and
other persons through the use of false birth or death cer-
tificates.
(b) REPORT.—Not later than 180 days after the es-
tablishment of the pilot program under subsection (a), the
Secretary shall issue a written report to Congress with rec-
ommendations on how the pilot program could effectively
be instituted as a national network for the United States.
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(c) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated for fiscal year 1996 and
for subsequent fiscal years such sums as may be necessary
to carry out this section.
SEC. 833. COMMUNICATION BETWEEN STATE AND LOCAL
GOVERNMENT AGENCIES, AND THE IMMIGRA-
TION AND NATURALIZATION SERVICE.
Notwithstanding any other provision of Federal,
State, or local law, no State or local government entity
shall prohibit, or in any way restrict, any government en-
tity or any official within its jurisdiction 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. Not-
withstanding any other provision of Federal, State, or
local law (and excepting the attorney-client privilege), 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 re-
garding the immigration status, lawful or unlawful, of an
alien in the United States.
SEC. 834. REGULATIONS REGARDING HABITUAL RESI-
DENCE.
Not later than 6 months after the date of the enact-
ment of this Act, the Commissioner of the Immigration
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and Naturalization Service shall issue regulations govern-
ing rights of ‘‘habitual residence’’ in the United States
under the terms of Compacts of Free Association (Public
Law 99–239, Public Law 99–658, and Public Law 101–
219).
SEC. 835. FEMALE GENITAL MUTILATION.
(a) INFORMATION REGARDING FEMALE GENITAL
MUTILATION.—The 
Immigration 
and 
Naturalization
Service (in cooperation with the Department of State)
shall make available for all aliens who are issued immi-
grant or nonimmigrant visas, prior to or at the time of
entry into the United States, the following information:
(1) Information on the severe harm to physical
and psychological health caused by female genital
mutilation which is compiled and presented in a
manner which is limited to the practice itself and re-
spectful to the cultural values of the societies in
which such practice takes place.
(2) Information concerning potential legal con-
sequences in the United States for (A) performing
female genital mutilation, or (B) allowing a child
under his or her care to be subjected to female geni-
tal mutilation, under criminal or child protection
statutes or as a form of child abuse.
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(b) LIMITATION.—In consultation with the Secretary
of State, the Commissioner of Immigration and Natu-
ralization shall identify those countries in which female
genital mutilation is commonly practiced and, to the ex-
tent practicable, limit the provision of information under
subsection (a) to aliens from such countries.
(c) DEFINITION.—For purposes of this section, the
term ‘‘female genital mutilation’’ means the removal or
infibulation (or both) of the whole or part of the clitoris,
the labia minora, or labia majora.
SEC. 836. DESIGNATION OF PORTUGAL AS A VISA WAIVER
PILOT PROGRAM COUNTRY WITH PROBA-
TIONARY STATUS.
Notwithstanding any other provision of law, Portugal
is designated as a visa waiver pilot program country with
probationary status under section 217(g) of the Immigra-
tion and Nationality Act for each of the fiscal years 1996,
1997, and 1998.
SEC. 837. ADJUSTMENT OF STATUS FOR CERTAIN POLISH
AND HUNGARIAN PAROLEES.
(a) IN GENERAL.—The Attorney General shall adjust
the status of an alien described in subsection (b) to that
of an alien lawfully admitted for permanent residence if
the alien—
(1) applies for such adjustment,
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(2) has been physically present in the United
States for at least 1 year and is physically present
in the United States on the date the application for
such adjustment is filed,
(3) is admissible to the United States as an im-
migrant, except as provided in subsection (c), and
(4) pays a fee (determined by the Attorney
General) for the processing of such application.
(b) ALIENS ELIGIBLE FOR ADJUSTMENT OF STA-
TUS.—The benefits provided in subsection (a) shall only
apply to an alien who—
(1) was a national of Poland or Hungary, and
(2) was inspected and granted parole into the
United States during the period beginning on No-
vember 1, 1989, and ending on December 31, 1991,
after being denied refugee status.
(c) WAIVER OF CERTAIN GROUNDS FOR INADMIS-
SIBILITY.—The provisions of paragraphs (4), (5), and
(7)(A) of section 212(a) of the Immigration and National-
ity Act shall not apply to adjustment of status under this
section and the Attorney General may waive any other
provision of such section (other than paragraph (2)(C)
and subparagraphs (A), (B), (C), or (E) of paragraph (3))
with respect to such an adjustment for humanitarian pur-
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poses, to assure family unity, or when it is otherwise in
the public interest.
(d) DATE OF APPROVAL.—Upon the approval of such
an application for adjustment of status, the Attorney Gen-
eral shall create a record of the alien’s admission as a law-
ful permanent resident as of the date of the alien’s inspec-
tion and parole described in subsection (b)(2).
(e) NO OFFSET IN NUMBER OF VISAS AVAILABLE.—
When an alien is granted the status of having been law-
fully admitted for permanent residence under this section,
the Secretary of State shall not be required to reduce the
number of immigrant visas authorized to be issued under
the Immigration and Nationality Act.
SEC. 838. SUPPORT OF DEMONSTRATION PROJECTS.
(a) IN GENERAL.—The Attorney General shall make
available funds under this section, in each of 5 consecutive
years (beginning with 1996), to the Immigration and Nat-
uralization Service or to other public or private nonprofit
entities to support demonstration projects under this sec-
tion at 10 sites throughout the United States. Each such
project shall be designed to provide for the administration
of the oath of allegiance (under section 337(a) of the Im-
migration and Nationality Act) on a business day around
the 4th of July for approximately 500 people whose appli-
cation for naturalization has been approved. Each project
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shall provide for appropriate outreach and ceremonial and
celebratory activities.
(b) SELECTION OF SITES.—The Attorney General
shall, in the Attorney General’s discretion, select diverse
locations for sites on the basis of the number of natu-
ralization applicants living in proximity to each site and
on the degree of local community participation and sup-
port in the project to be held at the site. Not more than
2 sites may be located in the same State. The Attorney
General should consider changing the sites selected from
year to year.
(c) AMOUNTS AVAILABLE; USE OF FUNDS.—
(1) AMOUNT.—The amount that may be made
available under this section with respect to any sin-
gle site for a site for a year shall not exceed $5,000.
(2) USE.—Funds provided under this section
may only be used to cover expenses incurred carry-
ing out symbolic swearing-in ceremonies at the dem-
onstration sites, including expenses for—
(A) cost of personnel of the Immigration
and Naturalization Service (including travel and
overtime expenses),
(B) local outreach,
(C) rental of space, and
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(D) costs of printing appropriate brochures
and other information about the ceremonies.
(3) AVAILABILITY OF FUNDS.—Funds that are
otherwise available to the Immigration and Natu-
ralization Service to carry out naturalization activi-
ties (including funds in the Immigration Examina-
tions Fee Account, under section 286(n) of the Im-
migration and Nationality Act) shall be available
under this section.
(d) APPLICATION.—In the case of an entity other
than the Immigration and Naturalization Service seeking
to conduct a demonstration project under this section, no
amounts may be made available to the entity under this
section unless an appropriate application has been made
to, and approved by, the Attorney General, in a form and
manner specified by the Attorney General.
(e) STATE DEFINED.—In this section, the term
‘‘State’’ has the meaning given such term in section
101(a)(36) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(36)).
SEC. 839. TREATMENT OF CERTAIN ALIENS WHO SERVED
WITH SPECIAL GUERRILLA UNITS IN LAOS.
(a) WAIVER OF ENGLISH LANGUAGE REQUIREMENT
FOR CERTAIN ALIENS
WHO SERVED WITH SPECIAL
GUERRILLA UNITS IN LAOS.—The requirement of para-
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graph (1) of section 312(a) of the Immigration and Na-
tionality Act (8 U.S.C. 1423(a)) shall not apply to the nat-
uralization of any person who—
(1) served with a special guerrilla unit operat-
ing from a base in Laos in support of the United
States at any time during the period beginning Feb-
ruary 28, 1961, and ending September 18, 1978, or
(2) is the spouse or widow of a person described
in paragraph (1).
(b) NATURALIZATION THROUGH SERVICE IN A SPE-
CIAL GUERRILLA UNIT IN LAOS.—
(1) IN GENERAL.—The first sentence of sub-
section (a) and subsection (b) (other than paragraph
(3)) of section 329 of the Immigration and National-
ity Act (8 U.S.C. 1440) shall apply to an alien who
served with a special guerrilla unit operating from a
base in Laos in support of the United States at any
time during the period beginning February 28,
1961, and ending September 18, 1978, in the same
manner as they apply to an alien who has served
honorably in an active-duty status in the military
forces of the United States during the period of the
Vietnam hostilities.
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(2) PROOF.—The Immigration and Naturaliza-
tion Service shall verify an alien’s service with a
guerrilla unit described in paragraph (1) through—
(A) review of refugee processing docu-
mentation for the alien,
(B) the affidavit of the alien’s superior of-
ficer,
(C) original documents,
(D) two affidavits from persons who were
also serving with such a special guerrilla unit
and who personally knew of the alien’s service,
or
(E) other appropriate proof.
The Service shall liberally construe the provisions of this
subsection to take into account the difficulties inherent in
proving service in such a guerrilla unit.
SEC. 840. SENSE OF THE CONGRESS REGARDING THE MIS-
SION OF THE IMMIGRATION AND NATU-
RALIZATION SERVICE.
It is the sense of the Congress that the mission state-
ment of the Immigration and Naturalization Service of the
Department of Justice should include that it is the respon-
sibility of the Service to detect, apprehend, and remove
those noncitizens whose entry was illegal, whether undocu-
mented or fraudulent, and those found to have violated
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the conditions of their stay, particularly those involved in
drug trafficking or other criminal activity.
SEC. 841. AUTHORIZATION OF REIMBURSEMENT OF CER-
TAIN POLISH APPLICANTS FOR THE 1995 DI-
VERSITY IMMIGRANT PROGRAM.
(a) IN GENERAL.—After the date of enactment of
this Act, the Secretary of State, in consultation with the
Commissioner of the Immigration and Naturalization
Service, shall establish a process to provide for the reim-
bursement of all fees to each national of Poland (other
than a national illegally residing in the United States) who
was an applicant for the diversity immigrant program for
1995 under section 203(c) of the Immigration and Nation-
ality Act who did not receive such a visa.
(b) FUNDING.—The Secretary of State shall use such
funds as may be available at the discretion of the Sec-
retary to carry out the purpose of this section.
(c) REVIEW.—The Secretary of State shall review the
procedures of the Department of State regarding the ad-
ministration of the diversity immigrant program to ensure
that the erroneous notification which occurred with re-
spect to the 1995 diversity immigrant program for Polish
residents does not recur.
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SEC. 842. SENSE OF CONGRESS; REQUIREMENTS REGARD-
ING NOTICE.
(a) PURCHASE
OF AMERICAN-MADE EQUIPMENT
AND PRODUCTS.—It is the sense of the Congress that, to
the greatest extent practicable, all equipment and products
purchased with funds made available under this Act
should be American-made.
(b) NOTICE TO RECIPIENTS OF GRANTS.—In provid-
ing grants under this Act, the Attorney General, to the
greatest extent practicable, shall provide to each recipient
of a grant a notice describing the statement made in sub-
section (a) by the Congress.
SEC. 843. SENSE OF THE CONGRESS WITH RESPECT TO
STATE CRIMINAL ALIEN ASSISTANCE PRO-
GRAM.
(a) FINDINGS.—The Congress finds as follows:
(1) Of the $130,000,000 appropriated in fiscal
year 1995 for the State Criminal Alien Assistance
Program (SCAAP), the Department of Justice dis-
bursed the first $43,000,000 to States on October 6,
1994, 32 days before the 1994 general election, and
then failed to disburse the remaining $87,000,000
until January 31, 1996, 123 days after the end of
fiscal year 1995.
(2) While H.R. 2880, the continuing appropria-
tion measure funding certain operations of the Fed-
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eral Government from January 26, 1996 to March
15, 1996, included $66,000,000 to reimburse States
for the cost of incarcerating documented illegal im-
migrant felons, the Department of Justice failed to
disburse any of the funds to the States during the
period of the continuing appropriation.
(b) SENSE OF THE CONGRESS.—It is the sense of
the Congress that—
(1) the Department of Justice was disturbingly
slow in disbursing fiscal year 1995 funds under the
State Criminal Alien Assistance Program to States
after the initial grants were released just prior to
the 1994 election; and
(2) the Attorney General should make it a high
priority to expedite the disbursement of Federal
funds intended to reimburse States for the cost of
incarcerating illegal immigrants, aiming for all State
Criminal Alien Assistance Program funds to be dis-
bursed during the fiscal year for which they are ap-
propriated.
Subtitle C—Technical Corrections
SEC. 851. MISCELLANEOUS TECHNICAL CORRECTIONS.
(a) AMENDMENTS RELATING TO PUBLIC LAW 103–
322 (VIOLENT CRIME CONTROL AND LAW ENFORCEMENT
ACT OF 1994).—
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(1) Section 60024(1)(F) of the Violent Crime
Control and Law Enforcement Act of 1994 (Public
Law 103–322) (in this subsection referred to as
‘‘VCCLEA’’) is amended by inserting ‘‘United
States Code,’’ after ‘‘title 18,’’.
(2) Section 130003(b)(3) of VCCLEA is
amended by striking ‘‘Naturalization’’ and inserting
‘‘Nationality’’.
(3)(A) Section 214 (8 U.S.C. 1184) is amended
by redesignating the subsection (j), added by section
130003(b)(2) of VCCLEA (108 Stat. 2025), and the
subsection (k), added by section 220(b) of the Immi-
gration and Nationality Technical Amendments Act
of 1994 (Public Law 103–416, 108 Stat. 4319), as
subsections (k) and (l), respectively.
(B) 
Section 
101(a)(15)(S) 
(8 
U.S.C.
1101(a)(15)(S)) is amended by striking ‘‘214(j)’’
and inserting ‘‘214(k)’’.
(4)(A) Section 245 (8 U.S.C. 1255) is amended
by redesignating the subsection (i) added by section
130003(c)(1) of VCCLEA as subsection (j).
(B) 
Section 
241(a)(2)(A)(i)(I) 
(8 
U.S.C.
1251(a)(2)(A)(i)(I)), 
as 
amended 
by 
section
130003(d) of VCCLEA and before redesignation by
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section 305(a)(2), is amended by striking ‘‘245(i)’’
and inserting ‘‘245(j)’’.
(5) Section 245(j)(3), as added by section
130003(c)(1) of VCCLEA and as redesignated by
paragraph (4)(A), is amended by striking ‘‘para-
graphs (1) or (2)’’ and inserting ‘‘paragraph (1) or
(2)’’.
(6) Section 130007(a) of VCCLEA is amended
by striking ‘‘242A(d)’’ and inserting ‘‘242A(a)(3)’’.
(7) The amendments made by this subsection
shall be effective as if included in the enactment of
the VCCLEA.
(b) AMENDMENTS RELATING TO IMMIGRATION AND
NATIONALITY TECHNICAL CORRECTIONS ACT OF 1994.—
(1) Section 101(d) of the Immigration and Na-
tionality Technical Corrections Act of 1994 (Public
Law 103–416) (in this subsection referred to as
‘‘INTCA’’) is amended—
(A) by striking ‘‘APPLICATION’’ and all
that follows through ‘‘This’’ and inserting ‘‘AP-
PLICABILITY
OF
TRANSMISSION
REQUIRE-
MENTS.—This’’;
(B) by striking ‘‘any residency or other re-
tention requirements for’’ and inserting ‘‘the
application of any provision of law relating to
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residence or physical presence in the United
States for purposes of transmitting United
States’’; and
(C) by striking ‘‘as in effect’’ and all that
follows through the end and inserting ‘‘to any
person whose claim is based on the amendment
made by subsection (a) or through whom such
a claim is derived.’’.
(2) Section 102 of INTCA is amended by add-
ing at the end the following new subsection:
‘‘(e) TRANSITION.—In applying the amendment made
by subsection (a) to children born before November 14,
1986, any reference in the matter inserted by such amend-
ment to ‘five years, at least two of which’ is deemed a
reference to ‘10 years, at least 5 of which’.’’.
(3) Section 351(a) (8 U.S.C. 1483(a)), as
amended by section 105(a)(2)(A) of INTCA, is
amended by striking the comma after ‘‘nationality’’.
(4) Section 207(2) of INTCA is amended by in-
serting a comma after ‘‘specified’’.
(5) Section 101(a)(43) (8 U.S.C. 1101(a)(43))
is amended—
(A) in subparagraph (K)(ii), by striking
the comma after ‘‘1588’’, and
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(B) in subparagraph (O), by striking ‘‘sus-
picion’’ and inserting ‘‘suspension’’.
(6) Section 273(b) (8 U.S.C. 1323(b)), as
amended by section 209(a) of INTCA, is amended
by striking ‘‘remain’’ and inserting ‘‘remains’’.
(7) Section 209(a)(1) of INTCA is amended by
striking ‘‘$3000’’ and inserting ‘‘$3,000’’.
(8) Section 209(b) of INTCA is amended by
striking ‘‘subsection’’ and inserting ‘‘section’’.
(9) Section 217(f) (8 U.S.C. 1187(f)), as
amended by section 210 of INTCA, is amended by
adding a period at the end.
(10) Section 219(cc) of INTCA is amended by
striking ‘‘ ‘year 1993 the first place it appears’ ’’
and inserting ‘‘ ‘year 1993’ the first place it ap-
pears’’.
(11) Section 219(ee) of INTCA is amended by
adding at the end the following new paragraph:
‘‘(3) The amendments made by this subsection shall
take effect on the date of the enactment of this Act.’’.
(12) Paragraphs (4) and (6) of section 286(r)
(8 U.S.C. 1356(r)) are amended by inserting ‘‘the’’
before ‘‘Fund’’ each place it appears.
(13) Section 221 of INTCA is amended—
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(A) by striking each semicolon and insert-
ing a comma,
(B) by striking ‘‘disasters.’’ and inserting
‘‘disasters,’’, and
(C) by striking ‘‘The official’’ and inserting
‘‘the official’’.
(14) Section 242A (8 U.S.C. 1252a), as added
by section 224(a) of INTCA and before redesigna-
tion as section 238 by section 308(b)(5), is amended
by redesignating subsection (d) as subsection (c).
(15) Section 225 of INTCA is amended—
(A) by striking ‘‘section 242(i)’’ and in-
serting ‘‘sections 242(i) and 242A’’, and
(B) 
by 
inserting 
‘‘, 
1252a’’ 
after
‘‘1252(i)’’.
(16) Except as otherwise provided in this sub-
section, the amendments made by this subsection
shall take effect as if included in the enactment of
INTCA.
(c) STRIKING REFERENCES TO SECTION 210A.—
(1)(A) 
Section 
201(b)(1)(C) 
(8 
U.S.C.
1151(b)(1)(C)) and section 274B(a)(3)(B) (8 U.S.C.
1324b(a)(3)(B)) are each amended by striking ‘‘,
210A,’’.
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(B) Section 241(a)(1) (8 U.S.C. 1251(a)(1)),
before redesignation by section 305(a)(2), is amend-
ed by striking subparagraph (F).
(2) Sections 204(c)(1)(D)(i) and 204(j)(4) of
Immigration Reform and Control Act of 1986 are
each amended by striking ‘‘, 210A,’’.
(d) MISCELLANEOUS CHANGES IN THE IMMIGRATION
AND NATIONALITY ACT.—
(1) Before being amended by section 308(a),
the item in the table of contents relating to section
242A is amended to read as follows:
‘‘Sec. 242A. Expedited deportation of aliens convicted of committing aggra-
vated felonies.’’.
(2) Section 101(c)(1) (8 U.S.C. 1101(c)(1)) is
amended by striking ‘‘, 321, and 322’’ and inserting
‘‘and 321’’.
(3) Pursuant to section 6(b) of Public Law
103–272 (108 Stat. 1378)—
(A) 
section 
214(f)(1) 
(8 
U.S.C.
1184(f)(1)) is amended by striking ‘‘section
101(3) of the Federal Aviation Act of 1958’’
and inserting ‘‘section 40102(a)(2) of title 49,
United States Code’’; and
(B) 
section 
258(b)(2) 
(8 
U.S.C.
1288(b)(2)) is amended by striking ‘‘section
105 or 106 of the Hazardous Materials Trans-
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portation Act (49 U.S.C. App. 1804, 1805)’’
and inserting ‘‘section 5103(b), 5104, 5106,
5107, or 5110 of title 49, United States Code’’.
(4) 
Section 
286(h)(1)(A) 
(8 
U.S.C.
1356(h)(1)(A)) is amended by inserting a period
after ‘‘expended’’.
(5) 
Section 
286(h)(2)(A) 
(8 
U.S.C.
1356(h)(2)(A)) is amended—
(A) by striking ‘‘and’’ at the end of clause
(iv),
(B) by moving clauses (v) and (vi) 2 ems
to the left,
(C) by striking ‘‘; and’’ in clauses (v) and
(vi) and inserting ‘‘and for’’,
(D) by striking the colons in clauses (v)
and (vi), and
(E) by striking the period at the end of
clause (v) and inserting ‘‘; and’’.
(6) Section 412(b) (8 U.S.C. 1522(b)) is
amended by striking the comma after ‘‘is author-
ized’’ in paragraph (3) and after ‘‘The Secretary’’ in
paragraph (4).
(e) MISCELLANEOUS CHANGE IN THE IMMIGRATION
ACT OF 1990.—Section 161(c)(3) of the Immigration Act
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of 1990 is amended by striking ‘‘an an’’ and inserting ‘‘of
an’’.
(f) MISCELLANEOUS CHANGES IN OTHER ACTS.—
(1) Section 506(a) of the Intelligence Author-
ization Act, Fiscal Year 1990 (Public Law 101–193)
is amended by striking ‘‘this section’’ and inserting
‘‘such section’’.
(2) Section 140 of the Foreign Relations Au-
thorization Act, Fiscal Years 1994 and 1995, as
amended by section 505(2) of Public Law 103–317,
is amended—
(A) by moving the indentation of sub-
sections (f) and (g) 2 ems to the left, and
(B) in subsection (g), by striking ‘‘(g)’’
and all that follows through ‘‘shall’’ and insert-
ing ‘‘(g) Subsections (d) and (e) shall’’.
Passed the House of Representatives March 21,
1996.
Attest:
ROBIN H. CARLE,
Clerk.