1727
household or family eligibility unit as the individual
who was subjected to such battery or cruelty.’’.
SEC. 553. AUTHORITY OF STATES AND POLITICAL SUBDIVI-
SIONS OF STATES TO LIMIT ASSISTANCE TO
ALIENS AND TO DISTINGUISH AMONG CLASS-
ES OF ALIENS IN PROVIDING GENERAL CASH
PUBLIC ASSISTANCE.
(a) IN GENERAL.—Subject to subsection (b) and not-
withstanding any other provision of law, a State or politi-
cal subdivision of a State is authorized to prohibit or oth-
erwise limit or restrict the eligibility of aliens or classes
of aliens for programs of general cash public assistance
furnished under the law of the State or a political subdivi-
sion of a State.
(b) LIMITATION.—The authority provided for under
subsection (a) may be exercised only to the extent that
any prohibitions, limitations, or restrictions imposed by a
State or political subdivision of a State are not more re-
strictive than the prohibitions, limitations, or restrictions
imposed under comparable Federal programs. For pur-
poses of this section, attribution to an alien of a sponsor’s
income and resources (as described in section 421 of the
Personal Responsibility and Work Opportunity Reconcili-
ation Act of 1996 (8 U.S.C. 1631)) for purposes of deter-
mining eligibility for, and the amount of, benefits shall be
1728
considered less restrictive than a prohibition of eligibility
for such benefits.
Subtitle D—Miscellaneous
Provisions
SEC. 561. INCREASED MAXIMUM CRIMINAL PENALTIES FOR
FORGING OR COUNTERFEITING SEAL OF A
FEDERAL DEPARTMENT OR AGENCY TO FA-
CILITATE BENEFIT FRAUD BY AN UNLAWFUL
ALIEN.
Section 506 of title 18, United States Code, is
amended to read as follows:
‘‘§ 506. Seals of departments or agencies
‘‘(a) Whoever—
‘‘(1) falsely makes, forges, counterfeits, muti-
lates, or alters the seal of any department or agency
of the United States, or any facsimile thereof;
‘‘(2) knowingly uses, affixes, or impresses any
such fraudulently made, forged, counterfeited, muti-
lated, or altered seal or facsimile thereof to or upon
any certificate, instrument, commission, document,
or paper of any description; or
‘‘(3) with fraudulent intent, possesses, sells, of-
fers for sale, furnishes, offers to furnish, gives away,
offers to give away, transports, offers to transport,
imports, or offers to import any such seal or fac-
1729
simile thereof, knowing the same to have been so
falsely made, forged, counterfeited, mutilated, or al-
tered,
shall be fined under this title, or imprisoned not more than
5 years, or both.
‘‘(b) Notwithstanding subsection (a) or any other
provision of law, if a forged, counterfeited, mutilated, or
altered seal of a department or agency of the United
States, or any facsimile thereof, is—
‘‘(1) so forged, counterfeited, mutilated, or al-
tered;
‘‘(2) used, affixed, or impressed to or upon any
certificate, instrument, commission, document, or
paper of any description; or
‘‘(3) with fraudulent intent, possessed, sold, of-
fered for sale, furnished, offered to furnish, given
away, offered to give away, transported, offered to
transport, imported, or offered to import,
with the intent or effect of facilitating an alien’s applica-
tion for, or receipt of, a Federal benefit to which the alien
is not entitled, the penalties which may be imposed for
each offense under subsection (a) shall be two times the
maximum fine, and 3 times the maximum term of impris-
onment, or both, that would otherwise be imposed for an
offense under subsection (a).
1730
‘‘(c) For purposes of this section—
‘‘(1) the term ‘Federal benefit’ means—
‘‘(A) the issuance of any grant, contract,
loan, professional license, or commercial license
provided by any agency of the United States or
by appropriated funds of the United States; and
‘‘(B) any retirement, welfare, Social Secu-
rity, health (including treatment of an emer-
gency medical condition in accordance with sec-
tion 1903(v) of the Social Security Act (19
U.S.C. 1396b(v))), disability, veterans, public
housing, education, food stamps, or unemploy-
ment benefit, or any similar benefit for which
payments or assistance are provided by an
agency of the United States or by appropriated
funds of the United States; and
‘‘(2) each instance of forgery, counterfeiting,
mutilation, or alteration shall constitute a separate
offense under this section.’’.
SEC. 562. TREATMENT OF EXPENSES SUBJECT TO EMER-
GENCY MEDICAL SERVICES EXCEPTION.
(a) IN GENERAL.—Subject to such amounts as are
provided in advance in appropriation Acts, each State or
political subdivision of a State that provides medical as-
sistance for care and treatment of an emergency medical
1731
condition (as defined in subsection (d)) through a public
hospital or other public facility (including a nonprofit hos-
pital that is eligible for an additional payment adjustment
under section 1886 of the Social Security Act) or through
contract with another hospital or facility to an individual
who is an alien not lawfully present in the United States
is eligible for payment from the Federal Government of
its costs of providing such services, but only to the extent
that such costs are not otherwise reimbursed through any
other Federal program and cannot be recovered from the
alien or another person.
(b) CONFIRMATION OF IMMIGRATION STATUS RE-
QUIRED.—No payment shall be made under this section
with respect to services furnished to an individual unless
the immigration status of the individual has been verified
through appropriate procedures established by the Sec-
retary of Health and Human Services and the Attorney
General.
(c) ADMINISTRATION.—This section shall be adminis-
tered by the Attorney General, in consultation with the
Secretary of Health and Human Services.
(d) EMERGENCY MEDICAL CONDITION DEFINED.—
For purposes of this section, the term ‘‘emergency medical
condition’’ means a medical condition (including emer-
gency labor and delivery) manifesting itself by acute symp-
1732
toms of sufficient severity (including severe pain) such
that the absence of immediate medical attention could rea-
sonably be expected to result in—
(1) placing the patient’s health in serious jeop-
ardy,
(2) serious impairment to bodily functions, or
(3) serious dysfunction of any bodily organ or
part.
(e) EFFECTIVE DATE.—Subsection (a) shall apply to
medical assistance for care and treatment of an emergency
medical condition furnished on or after January 1, 1997.
SEC. 563. REIMBURSEMENT OF STATES AND LOCALITIES
FOR EMERGENCY AMBULANCE SERVICES.
Subject to the availability of appropriations, the At-
torney General shall fully reimburse States and political
subdivisions of States for costs incurred by such a State
or subdivision for emergency ambulance services provided
to any alien who—
(1) is injured while crossing a land or sea bor-
der of the United States without inspection or at
any time or place other than as designated by the
Attorney General; and
(2) is under the custody of the State or subdivi-
sion pursuant to a transfer, request, or other action
by a Federal authority.
1733
SEC. 564. PILOT PROGRAMS TO REQUIRE BONDING.
(a) IN GENERAL.—
(1) The Attorney General of the United States
shall establish a pilot program in 5 district offices
of the Immigration and Naturalization Service to re-
quire aliens to post a bond in addition to the affida-
vit requirements under section 213A of the Immi-
gration and Nationality Act and the deeming re-
quirements under section 421 of the Personal Re-
sponsibility and Work Opportunity Reconciliation
Act of 1996 (8 U.S.C. 1631). Any pilot program es-
tablished pursuant to this subsection shall require
an alien to post a bond in an amount sufficient to
cover the cost of benefits described in section
213A(d)(2)(B) of the Immigration and Nationality
Act (as amended by section 551(a) of this division)
for the alien and the alien’s dependents and shall re-
main in effect until the departure, naturalization, or
death of the alien.
(2) Suit on any such bonds may be brought
under the terms and conditions set forth in section
213A of the Immigration and Nationality Act.
(b) REGULATIONS.—Not later than 180 days after
the date of the enactment of this Act, the Attorney Gen-
eral shall issue regulations for establishing the pilot pro-
grams, including—
1734
(1) criteria and procedures for—
(A) certifying bonding companies for par-
ticipation in the program, and
(B) debarment of any such company that
fails to pay a bond, and
(2) criteria for setting the amount of the bond
to assure that the bond is in an amount that is not
less than the cost of providing benefits under the
programs described in subsection (a)(1) for the alien
and the alien’s dependents for 6 months.
(c) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated such sums as may be
necessary to carry out this section.
(d) ANNUAL REPORTING REQUIREMENT.—Begin-
ning 9 months after the date of implementation of the
pilot program, the Attorney General shall submit annually
to the Committees on the Judiciary of the House of Rep-
resentatives and the Senate a report on the effectiveness
of the program. The Attorney General shall submit a final
evaluation of the program not later than 1 year after ter-
mination.
(e) SUNSET.—The pilot program under this section
shall terminate after 3 years of operation.
(f) BONDS
IN ADDITION
TO SPONSORSHIP
AND
DEEMING REQUIREMENTS.—Section 213 (8 U.S.C. 1183)
1735
is amended by inserting ‘‘(subject to the affidavit of sup-
port requirement and attribution of sponsor’s income and
resources under section 213A)’’ after ‘‘in the discretion
of the Attorney General’’.
SEC. 565. REPORTS.
Not later than 180 days after the end of each fiscal
year, the Attorney General shall submit a report to the
Inspector General of the Department of Justice and the
Committees on the Judiciary of the House of Representa-
tives and of the Senate describing the following:
(1) PUBLIC
CHARGE
DEPORTATIONS.—The
number of aliens deported on public charge grounds
under section 241(a)(5) of the Immigration and Na-
tionality Act during the previous fiscal year.
(2) INDIGENT SPONSORS.—The number of de-
terminations made under section 421(e) of the Per-
sonal Responsibility and Work Opportunity Rec-
onciliation Act of 1996 (as added by section 552 of
this division) during the previous fiscal year.
(3) REIMBURSEMENT
ACTIONS.—The number
of actions brought, and the amount of each action,
for reimbursement under section 213A of the Immi-
gration and Nationality Act (including private collec-
tions) for the costs of providing public benefits.
1736
Subtitle E—Housing Assistance
SEC. 571. SHORT TITLE.
This subtitle may be cited as the ‘‘Use of Assisted
Housing by Aliens Act of 1996’’.
SEC. 572. PRORATING OF FINANCIAL ASSISTANCE.
Section 214(b) of the Housing and Community De-
velopment Act of 1980 (42 U.S.C. 1436a(b)) is amend-
ed—
(1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and
(2) by adding at the end the following new
paragraph:
‘‘(2) If the eligibility for financial assistance of at
least one member of a family has been affirmatively estab-
lished under the program of financial assistance and under
this section, and the ineligibility of one or more family
members has not been affirmatively established under this
section, any financial assistance made available to that
family by the Secretary of Housing and Urban Develop-
ment shall be prorated, based on the number of individuals
in the family for whom eligibility has been affirmatively
established under the program of financial assistance and
under this section, as compared with the total number of
individuals who are members of the family.’’.
1737
SEC. 573. ACTIONS IN CASES OF TERMINATION OF FINAN-
CIAL ASSISTANCE.
Section 214(c)(1) of the Housing and Community
Development Act of 1980 (42 U.S.C. 1436a(c)(1)) is
amended—
(1) in the matter preceding subparagraph (A),
by striking ‘‘may, in its discretion,’’ and inserting
‘‘shall’’;
(2) in subparagraph (A), by adding at the end
the following: ‘‘Financial assistance continued under
this subparagraph for a family may be provided only
on a prorated basis, under which the amount of fi-
nancial assistance is based on the percentage of the
total number of members of the family that are eligi-
ble for that assistance under the program of finan-
cial assistance and under this section.’’; and
(3) in subparagraph (B)—
(A) by striking ‘‘3 years’’ and inserting
‘‘18-months’’;
(B) by inserting ‘‘(i)’’ after ‘‘(B)’’;
(C) by striking ‘‘Any deferral’’ and insert-
ing the following:
‘‘(ii) Except as provided in clause (iii), any
deferral’’; and
(D) by adding at the end the following new
clauses:
1738
‘‘(iii) The time period described in clause
(ii) shall not apply in the case of a refugee
under section 207 of the Immigration and Na-
tionality Act or an individual seeking asylum
under section 208 of that Act.’’.
SEC. 574. VERIFICATION OF IMMIGRATION STATUS AND
ELIGIBILITY FOR FINANCIAL ASSISTANCE.
Section 214(d) of the Housing and Community De-
velopment Act of 1980 (42 U.S.C. 1436a(d)) is amend-
ed—
(1) in the matter preceding paragraph (1), by
inserting ‘‘or to be’’ after ‘‘being’’;
(2) in paragraph (1)(A), by adding at the end
the following: ‘‘If the declaration states that the in-
dividual is not a citizen or national of the United
States and that the individual is younger than 62
years of age, the declaration shall be verified by the
Immigration and Naturalization Service. If the dec-
laration states that the individual is a citizen or na-
tional of the United States, the Secretary of Hous-
ing and Urban Development, or the agency admin-
istering assistance covered by this section, may re-
quest verification of the declaration by requiring
presentation of documentation that the Secretary
considers appropriate, including a United States
1739
passport, resident alien card, alien registration card,
social security card, or other documentation.’’;
(3) in paragraph (2)—
(A) in the matter preceding subparagraph
(A), by striking ‘‘on the date of the enactment
of the Housing and Community Development
Act of 1987’’ and inserting ‘‘on the date of en-
actment of the Use of Assisted Housing by
Aliens Act of 1996 or applying for financial as-
sistance on or after that date’’; and
(B) by adding at the end the following:
‘‘In the case of an individual applying for financial assist-
ance on or after the date of enactment of the Use of As-
sisted Housing by Aliens Act of 1996, the Secretary may
not provide any such assistance for the benefit of that in-
dividual before documentation is presented and verified
under paragraph (3) or (4).’’;
(4) in paragraph (4)—
(A) in the matter preceding subparagraph
(A), by striking ‘‘on the date of the enactment
of the Housing and Community Development
Act of 1987’’ and inserting ‘‘on the date of en-
actment of the Use of Assisted Housing by
Aliens Act of 1996 or applying for financial as-
sistance on or after that date’’;
1740
(B) in subparagraph (A)—
(i) in clause (i)—
(I) by inserting ‘‘, not to exceed
30 days,’’ after ‘‘reasonable oppor-
tunity’’; and
(II) by striking ‘‘and’’ at the end;
and
(ii) by striking clause (ii) and insert-
ing the following:
‘‘(ii) in the case of any individual re-
ceiving assistance on the date of enactment
of the Use of Assisted Housing by Aliens
Act of 1996, may not delay, deny, reduce,
or terminate the eligibility of that individ-
ual for financial assistance on the basis of
the immigration status of that individual
until the expiration of that 30-day period;
and
‘‘(iii) in the case of any individual ap-
plying for financial assistance on or after
the date of enactment of the Use of As-
sisted Housing by Aliens Act of 1996, may
not deny the application for such assist-
ance on the basis of the immigration status
1741
of that individual until the expiration of
that 30-day period; and’’; and
(C) in subparagraph (B), by striking
clause (ii) and inserting the following:
‘‘(ii) pending such verification or ap-
peal, the Secretary may not—
‘‘(I) in the case of any individual
receiving assistance on the date of en-
actment of the Use of Assisted Hous-
ing by Aliens Act of 1996, delay,
deny, reduce, or terminate the eligi-
bility of that individual for financial
assistance on the basis of the immi-
gration status of that individual; and
‘‘(II) in the case of any individ-
ual applying for financial assistance
on or after the date of enactment of
the Use of Assisted Housing by Aliens
Act of 1996, deny the application for
such assistance on the basis of the im-
migration status of that individual;
and’’;
(5) in paragraph (5), by striking ‘‘status—’’
and all that follows through the end of the para-
1742
graph and inserting the following: ‘‘status, the Sec-
retary shall—
‘‘(A) deny the application of that individ-
ual for financial assistance or terminate the eli-
gibility of that individual for financial assist-
ance, as applicable;
‘‘(B) provide that the individual may re-
quest a fair hearing during the 30-day period
beginning upon receipt of the notice under sub-
paragraph (C); and
‘‘(C) provide to the individual written no-
tice of the determination under this paragraph,
the right to a fair hearing process, and the time
limitation for requesting a hearing under sub-
paragraph (C).’’; and
(6) by striking paragraph (6) and inserting the
following:
‘‘(6) The Secretary shall terminate the eligi-
bility for financial assistance of an individual and
the members of the household of the individual, for
a period of not less than 24 months, upon determin-
ing that such individual has knowingly permitted an-
other individual who is not eligible for such assist-
ance to reside in the public or assisted housing unit
of the individual. This provision shall not apply to
1743
a family if the ineligibility of the ineligible individual
at issue was considered in calculating any proration
of assistance provided for the family.’’.
SEC. 575. PROHIBITION OF SANCTIONS AGAINST ENTITIES
MAKING 
FINANCIAL 
ASSISTANCE 
ELIGI-
BILITY DETERMINATIONS.
Section 214(e) of the Housing and Community Devel-
opment Act of 1980 (42 U.S.C. 1436a(e)) is amended—
(1) in paragraph (2), by adding ‘‘or’’ at the
end;
(2) in paragraph (3), by adding at the end the
following: ‘‘the response from the Immigration and
Naturalization Service to the appeal of that individ-
ual.’’; and
(3) by striking paragraph (4).
SEC. 576. ELIGIBILITY FOR PUBLIC AND ASSISTED HOUS-
ING.
Section 214 of the Housing and Community Develop-
ment Act of 1980 (42 U.S.C. 1436a) is amended by add-
ing at the end the following new subsection:
‘‘(h) VERIFICATION OF ELIGIBILITY.—
‘‘(1) IN GENERAL.—Except in the case of an
election under paragraph (2)(A), no individual or
family applying for financial assistance may receive
such financial assistance prior to the affirmative es-
1744
tablishment and verification of eligibility of at least
the individual or one family member under this sec-
tion by the Secretary or other appropriate entity.
‘‘(2) RULES APPLICABLE TO PUBLIC HOUSING
AGENCIES.—A public housing agency (as that term
is defined in section 3 of the United States Housing
Act of 1937)—
‘‘(A) may elect not to comply with this sec-
tion; and
‘‘(B) in complying with this section—
‘‘(i) may initiate procedures to affirm-
atively establish or verify the eligibility of
an individual or family under this section
at any time at which the public housing
agency determines that such eligibility is in
question, regardless of whether or not that
individual or family is at or near the top
of the waiting list of the public housing
agency;
‘‘(ii) may affirmatively establish or
verify the eligibility of an individual or
family under this section in accordance
with the procedures set forth in section
274A(b)(1) of the Immigration and Na-
tionality Act; and
1745
‘‘(iii) shall have access to any relevant
information contained in the SAVE system
(or any successor thereto) that relates to
any individual or family applying for finan-
cial assistance.
‘‘(3) ELIGIBILITY OF FAMILIES.—For purposes
of this subsection, with respect to a family, the term
‘eligibility’ means the eligibility of each family mem-
ber.’’.
SEC. 577. REGULATIONS.
(a) ISSUANCE.—Not later than the 60 days after the
date of enactment of this Act, the Secretary of Housing
and Urban Development shall issue any regulations nec-
essary to implement the amendments made by this part.
Such regulations shall be issued in the form of an interim
final rule, which shall take effect upon issuance and shall
not be subject to the provisions of section 533 of title 5,
United States Code, regarding notice or opportunity for
comment.
(b) FAILURE TO ISSUE.—If the Secretary fails to
issue the regulations required under subsection (a) before
the date specified in that subsection, the regulations relat-
ing to restrictions on assistance to noncitizens, contained
in the final rule issued by the Secretary of Housing and
Urban Development in RIN–2501–AA63 (Docket No. R–
1746
95–1409; FR–2383–F–050), published in the Federal
Register on March 20, 1995 (Vol. 60, No. 53; pp. 14824–
14861), shall not apply after that date.
Subtitle F—General Provisions
SEC. 591. EFFECTIVE DATES.
Except as provided in this title, this title and the
amendments made by this title shall take effect on the
date of the enactment of this Act.
SEC. 592. NOT APPLICABLE TO FOREIGN ASSISTANCE.
This title does not apply to any Federal, State, or
local governmental program, assistance, or benefits pro-
vided to an alien under any program of foreign assistance
as determined by the Secretary of State in consultation
with the Attorney General.
SEC. 593. NOTIFICATION.
(a) IN GENERAL.—Each agency of the Federal Gov-
ernment or a State or political subdivision that admin-
isters a program affected by the provisions of this title,
shall, directly or through the States, provide general noti-
fication to the public and to program recipients of the
changes regarding eligibility for any such program pursu-
ant to this title.
(b) FAILURE TO GIVE NOTICE.—Nothing in this sec-
tion shall be construed to require or authorize continu-
1747
ation of eligibility if the notice under this section is not
provided.
SEC. 594. DEFINITIONS.
Except as otherwise provided in this title, for pur-
poses of this title—
(1) the terms ‘‘alien’’, ‘‘Attorney General’’, ‘‘na-
tional’’, ‘‘naturalization’’, ‘‘State’’, and ‘‘United
States’’ shall have the meaning given such terms in
section 101(a) of the Immigration and Nationality
Act; and
(2) the term ‘‘child’’ shall have the meaning
given such term in section 101(c) of the Immigra-
tion and Nationality Act.
TITLE VI—MISCELLANEOUS
PROVISIONS
Subtitle A—Refugees, Parole, and
Asylum
SEC. 601. PERSECUTION FOR RESISTANCE TO COERCIVE
POPULATION CONTROL METHODS.
(a) DEFINITION OF REFUGEE.—
(1) Section 101(a)(42) (8 U.S.C. 1101(a)(42))
is amended by adding at the end the following: ‘‘For
purposes of determinations under this Act, a person
who has been forced to abort a pregnancy or to un-
dergo involuntary sterilization, or who has been per-
1748
secuted for failure or refusal to undergo such a pro-
cedure or for other resistance to a coercive popu-
lation control program, shall be deemed to have been
persecuted on account of political opinion, and a per-
son who has a well founded fear that he or she will
be forced to undergo such a procedure or subject to
persecution for such failure, refusal, or resistance
shall be deemed to have a well founded fear of perse-
cution on account of political opinion.’’.
(2) Not later than 90 days after the end of
each fiscal year, the Attorney General shall submit
a report to the Committee on the Judiciary of the
House of Representatives and the Committee on the
Judiciary of the Senate describing the number and
countries of origin of aliens granted refugee status
or asylum under determinations pursuant to the
amendment made by paragraph (1). Each such re-
port shall also contain projections regarding the
number and countries of origin of aliens that are
likely to be granted refugee status or asylum for the
subsequent 2 fiscal years.
(b) NUMERICAL LIMITATION.—Section 207(a) (8
U.S.C. 1157(a)) is amended by adding at the end the fol-
lowing new paragraph:
1749
‘‘(5) For any fiscal year, not more than a total of
1,000 refugees may be admitted under this subsection or
granted asylum under section 208 pursuant to a deter-
mination under the third sentence of section 101(a)(42)
(relating to persecution for resistance to coercive popu-
lation control methods).’’.
SEC. 602. LIMITATION ON USE OF PAROLE.
(a) PAROLE AUTHORITY.—Section 212(d)(5)(A) (8
U.S.C. 1182(d)(5)) is amended by striking ‘‘for emergent
reasons or for reasons deemed strictly in the public inter-
est’’ and inserting ‘‘only on a case-by-case basis for urgent
humanitarian reasons or significant public benefit’’.
(b) REPORT TO CONGRESS.—Not later than 90 days
after the end of each fiscal year, the Attorney General
shall submit a report to the Committee on the Judiciary
of the House of Representatives and the Committee on
the Judiciary of the Senate describing the number and
categories of aliens paroled into the United States under
section 212(d)(5) of the Immigration and Nationality Act.
Each such report shall provide the total number of aliens
paroled into and residing in the United States and shall
contain information and data for each country of origin
concerning the number and categories of aliens paroled,
the duration of parole, the current status of aliens paroled,
and the number and categories of aliens returned to the
1750
custody from which they were paroled during the preced-
ing fiscal year.
SEC. 603. TREATMENT OF LONG-TERM PAROLEES IN AP-
PLYING WORLDWIDE NUMERICAL LIMITA-
TIONS.
Section 201(c) (8 U.S.C. 1151(c)) is amended—
(1) by amending paragraph (1)(A)(ii) to read
as follows:
‘‘(ii) the sum of the number computed under
paragraph (2) and the number computed under
paragraph (4), plus’’; and
(2) by adding at the end the following new
paragraphs:
‘‘(4) The number computed under this paragraph for
a fiscal year (beginning with fiscal year 1999) is the num-
ber of aliens who were paroled into the United States
under section 212(d)(5) in the second preceding fiscal
year—
‘‘(A) who did not depart from the United States
(without advance parole) within 365 days; and
‘‘(B) who (i) did not acquire the status of aliens
lawfully admitted to the United States for perma-
nent residence in the two preceding fiscal years, or
(ii) acquired such status in such years under a pro-
vision of law (other than section 201(b)) which ex-
1751
empts such adjustment from the numerical limita-
tion on the worldwide level of immigration under
this section.
‘‘(5) If any alien described in paragraph (4) (other
than an alien described in paragraph (4)(B)(ii)) is subse-
quently admitted as an alien lawfully admitted for perma-
nent residence, such alien shall not again be considered
for purposes of paragraph (1).’’.
SEC. 604. ASYLUM REFORM.
(a) ASYLUM REFORM.—Section 208 (8 U.S.C. 1158)
is amended to read as follows:
‘‘ASYLUM
‘‘SEC. 208. (a) AUTHORITY TO APPLY FOR ASY-
LUM.—
‘‘(1) IN GENERAL.—Any alien who is physically
present in the United States or who arrives in the
United States (whether or not at a designated port
of arrival and including an alien who is brought to
the United States after having been interdicted in
international or United States waters), irrespective
of such alien’s status, may apply for asylum in ac-
cordance with this section or, where applicable, sec-
tion 235(b).
‘‘(2) EXCEPTIONS.—
‘‘(A) SAFE THIRD COUNTRY.—Paragraph
(1) shall not apply to an alien if the Attorney
1752
General determines that the alien may be re-
moved, pursuant to a bilateral or multilateral
agreement, to a country (other than the country
of the alien’s nationality or, in the case of an
alien having no nationality, the country of the
alien’s last habitual residence) in which the
alien’s life or freedom would not be threatened
on account of race, religion, nationality, mem-
bership in a particular social group, or political
opinion, and where the alien would have access
to a full and fair procedure for determining a
claim to asylum or equivalent temporary protec-
tion, unless the Attorney General finds that it
is in the public interest for the alien to receive
asylum in the United States.
‘‘(B) TIME
LIMIT.—Subject to subpara-
graph (D), paragraph (1) shall not apply to an
alien unless the alien demonstrates by clear and
convincing evidence that the application has
been filed within 1 year after the date of the
alien’s arrival in the United States.
‘‘(C) PREVIOUS ASYLUM APPLICATIONS.—
Subject to subparagraph (D), paragraph (1)
shall not apply to an alien if the alien has pre-
1753
viously applied for asylum and had such appli-
cation denied.
‘‘(D) CHANGED CIRCUMSTANCES.—An ap-
plication for asylum of an alien may be consid-
ered, notwithstanding subparagraphs (B) and
(C), if the alien demonstrates to the satisfaction
of the Attorney General either the existence of
changed circumstances which materially affect
the applicant’s eligibility for asylum or extraor-
dinary circumstances relating to the delay in fil-
ing an application within the period specified in
subparagraph (B).
‘‘(3) LIMITATION
ON
JUDICIAL
REVIEW.—No
court shall have jurisdiction to review any deter-
mination of the Attorney General under paragraph
(2).
‘‘(b) CONDITIONS FOR GRANTING ASYLUM.—
‘‘(1) IN GENERAL.—The Attorney General may
grant asylum to an alien who has applied for asylum
in accordance with the requirements and procedures
established by the Attorney General under this sec-
tion if the Attorney General determines that such
alien is a refugee within the meaning of section
101(a)(42)(A).
‘‘(2) EXCEPTIONS.—
1754
‘‘(A) IN
GENERAL.—Paragraph (1) shall
not apply to an alien if the Attorney General
determines that—
‘‘(i) the alien ordered, incited, as-
sisted, or otherwise participated in the per-
secution of any person on account of race,
religion, nationality, membership in a par-
ticular social group, or political opinion;
‘‘(ii) the alien, having been convicted
by a final judgment of a particularly seri-
ous crime, constitutes a danger to the com-
munity of the United States;
‘‘(iii) there are serious reasons for be-
lieving that the alien has committed a seri-
ous nonpolitical crime outside the United
States prior to the arrival of the alien in
the United States;
‘‘(iv) there are reasonable grounds for
regarding the alien as a danger to the se-
curity of the United States;
‘‘(v) the alien is inadmissible under
subclause (I), (II), (III), or (IV) of section
212(a)(3)(B)(i) or removable under section
237(a)(4)(B) (relating to terrorist activ-
ity), unless, in the case only of an alien in-
1755
admissible under subclause (IV) of section
212(a)(3)(B)(i), the Attorney General de-
termines, in the Attorney General’s discre-
tion, that there are not reasonable grounds
for regarding the alien as a danger to the
security of the United States; or
‘‘(vi) the alien was firmly resettled in
another country prior to arriving in the
United States.
‘‘(B) SPECIAL RULES.—
‘‘(i) CONVICTION
OF
AGGRAVATED
FELONY.—For purposes of clause (ii) of
subparagraph (A), an alien who has been
convicted of an aggravated felony shall be
considered to have been convicted of a par-
ticularly serious crime.
‘‘(ii) OFFENSES.—The Attorney Gen-
eral may designate by regulation offenses
that will be considered to be a crime de-
scribed in clause (ii) or (iii) of subpara-
graph (A).
‘‘(C) ADDITIONAL LIMITATIONS.—The At-
torney General may by regulation establish ad-
ditional limitations and conditions, consistent
1756
with this section, under which an alien shall be
ineligible for asylum under paragraph (1).
‘‘(D) NO JUDICIAL REVIEW.—There shall
be no judicial review of a determination of the
Attorney General under subparagraph (A)(v).
‘‘(3) TREATMENT
OF
SPOUSE
AND
CHIL-
DREN.—A spouse or child (as defined in section
101(b)(1)(A), (B), (C), (D), or (E)) of an alien who
is granted asylum under this subsection may, if not
otherwise eligible for asylum under this section, be
granted the same status as the alien if accompany-
ing, or following to join, such alien.
‘‘(c) ASYLUM STATUS.—
‘‘(1) IN
GENERAL.—In the case of an alien
granted asylum under subsection (b), the Attorney
General—
‘‘(A) shall not remove or return the alien
to the alien’s country of nationality or, in the
case of a person having no nationality, the
country of the alien’s last habitual residence;
‘‘(B) shall authorize the alien to engage in
employment in the United States and provide
the alien with appropriate endorsement of that
authorization; and
1757
‘‘(C) may allow the alien to travel abroad
with the prior consent of the Attorney General.
‘‘(2) TERMINATION OF ASYLUM.—Asylum granted
under subsection (b) does not convey a right to re-
main permanently in the United States, and may be
terminated if the Attorney General determines
that—
‘‘(A) the alien no longer meets the conditions
described in subsection (b)(1) owing to a fun-
damental change in circumstances;
‘‘(B) the alien meets a condition described in
subsection (b)(2);
‘‘(C) the alien may be removed, pursuant to
a bilateral or multilateral agreement, to a coun-
try (other than the country of the alien’s na-
tionality or, in the case of an alien having no
nationality, the country of the alien’s last habit-
ual residence) in which the alien’s life or free-
dom would not be threatened on account of
race, religion, nationality, membership in a par-
ticular social group, or political opinion, and
where the alien is eligible to receive asylum or
equivalent temporary protection;
‘‘(D) the alien has voluntarily availed himself
or herself of the protection of the alien’s coun-
1758
try of nationality or, in the case of an alien
having no nationality, the alien’s country of last
habitual residence, by returning to such country
with permanent resident status or the reason-
able possibility of obtaining such status with
the same rights and obligations pertaining to
other permanent residents of that country; or
‘‘(E) the alien has acquired a new nationality
and enjoys the protection of the country of his
or her new nationality.
‘‘(3) REMOVAL WHEN ASYLUM IS TERMINATED.—
An alien described in paragraph (2) is subject to any
applicable grounds of inadmissibility or deportability
under section 212(a) and 237(a), and the alien’s re-
moval or return shall be directed by the Attorney
General in accordance with sections 240 and 241.
‘‘(d) ASYLUM PROCEDURE.—
‘‘(1) APPLICATIONS.—The Attorney General shall
establish a procedure for the consideration of asylum
applications filed under subsection (a). The Attorney
General may require applicants to submit finger-
prints and a photograph at such time and in such
manner to be determined by regulation by the Attor-
ney General.
1759
‘‘(2) EMPLOYMENT.—An applicant for asylum is
not entitled to employment authorization, but such
authorization may be provided under regulation by
the Attorney General. An applicant who is not other-
wise eligible for employment authorization shall not
be granted such authorization prior to 180 days
after the date of filing of the application for asylum.
‘‘(3) FEES.—The Attorney General may impose
fees for the consideration of an application for asy-
lum, for employment authorization under this sec-
tion, and for adjustment of status under section
209(b). Such fees shall not exceed the Attorney Gen-
eral’s costs in adjudicating the applications. The At-
torney General may provide for the assessment and
payment of such fees over a period of time or by in-
stallments. Nothing in this paragraph shall be con-
strued to require the Attorney General to charge
fees for adjudication services provided to asylum ap-
plicants, or to limit the authority of the Attorney
General to set adjudication and naturalization fees
in accordance with section 286(m).
‘‘(4) NOTICE
OF
PRIVILEGE
OF
COUNSEL
AND
CONSEQUENCES
OF
FRIVOLOUS
APPLICATION.—At
the time of filing an application for asylum, the At-
torney General shall—
1760
‘‘(A) advise the alien of the privilege of being
represented by counsel and of the consequences,
under paragraph (6), of knowingly filing a friv-
olous application for asylum; and
‘‘(B) provide the alien a list of persons (up-
dated not less often than quarterly) who have
indicated their availability to represent aliens in
asylum proceedings on a pro bono basis.
‘‘(5) 
CONSIDERATION
OF
ASYLUM
APPLICA-
TIONS.—
‘‘(A) PROCEDURES.—The procedure estab-
lished under paragraph (1) shall provide that—
‘‘(i) asylum cannot be granted until
the identity of the applicant has been
checked against all appropriate records or
databases maintained by the Attorney Gen-
eral and by the Secretary of State, includ-
ing the Automated Visa Lookout System,
to determine any grounds on which the
alien may be inadmissible to or deportable
from the United States, or ineligible to
apply for or be granted asylum;
‘‘(ii) in the absence of exceptional cir-
cumstances, the initial interview or hearing
on the asylum application shall commence
1761
not later than 45 days after the date an
application is filed;
‘‘(iii) in the absence of exceptional cir-
cumstances, final administrative adjudica-
tion of the asylum application, not includ-
ing administrative appeal, shall be com-
pleted within 180 days after the date an
application is filed;
‘‘(iv) any administrative appeal shall be
filed within 30 days of a decision granting
or denying asylum, or within 30 days of
the completion of removal proceedings be-
fore an immigration judge under section
240, whichever is later; and
‘‘(v) in the case of an applicant for asy-
lum who fails without prior authorization
or in the absence of exceptional cir-
cumstances to appear for an interview or
hearing, including a hearing under section
240, the application may be dismissed or
the applicant may be otherwise sanctioned
for such failure.
‘‘(B) 
ADDITIONAL
REGULATORY
CONDI-
TIONS.—The Attorney General may provide by
regulation for any other conditions or limita-
1762
tions on the consideration of an application for
asylum not inconsistent with this Act.
‘‘(6) FRIVOLOUS APPLICATIONS.—If the Attorney
General determines that an alien has knowingly
made a frivolous application for asylum and the
alien has received the notice under paragraph
(4)(A), the alien shall be permanently ineligible for
any benefits under this Act, effective as of the date
of a final determination on such application.
‘‘(7) NO PRIVATE RIGHT OF ACTION.—Nothing in
this subsection shall be construed to create any sub-
stantive or procedural right or benefit that is legally
enforceable by any party against the United States
or its agencies or officers or any other person.’’.
(b) 
CONFORMING
AND
CLERICAL
AMEND-
MENTS.—
(1) The item in the table of contents relating to
section 208 is amended to read as follows:
‘‘Sec. 208. Asylum.’’.
(2) Section 104(d)(1)(A) of the Immigration Act
of 1990 (Public Law 101–649) is amended by strik-
ing ‘‘208(b)’’ and inserting ‘‘208’’.
(c) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply to applications for asylum filed
on or after the first day of the first month beginning
1763
more than 180 days after the date of the enactment of
this Act.
SEC. 605. INCREASE IN ASYLUM OFFICERS.
Subject to the availability of appropriations, the
Attorney General shall provide for an increase in the
number of asylum officers to at least 600 asylum officers
by fiscal year 1997.
SEC. 606. CONDITIONAL REPEAL OF CUBAN ADJUSTMENT
ACT.
(a) IN GENERAL.—Public Law 89–732 is repealed
effective only upon a determination by the President
under section 203(c)(3) of the Cuban Liberty and Demo-
cratic Solidarity (LIBERTAD) Act of 1996 (Public Law
104–114) that a democratically elected government in
Cuba is in power.
(b) LIMITATION.—Subsection (a) shall not apply
to aliens for whom an application for adjustment of sta-
tus is pending on such effective date.
Subtitle B—Miscellaneous Amend-
ments to the Immigration and
Nationality Act
SEC. 621. ALIEN WITNESS COOPERATION.
Section 214(j)(1) (8 U.S.C. 1184(j)(1)) (as added
by section 130003(b)(2) of the Violent Crime Control and
Law Enforcement Act of 1994 (Public Law 103–322;
1764
108 Stat. 2025)) (relating to numerical limitations on the
number of aliens who may be provided a visa as non-
immigrants under section 101(a)(15)(S) of the Immigra-
tion and Nationality Act) is amended—
(1) by striking ‘‘100.’’ and inserting ‘‘200.’’; and
(2) by striking ‘‘25.’’ and inserting ‘‘50.’’.
SEC. 622. WAIVER OF FOREIGN COUNTRY RESIDENCE RE-
QUIREMENT 
WITH 
RESPECT 
TO 
INTER-
NATIONAL MEDICAL GRADUATES.
(a) EXTENSION OF WAIVER PROGRAM.—Section
220(c) of the Immigration and Nationality Technical
Corrections Act of 1994 (8 U.S.C. 1182 note) is amend-
ed by striking ‘‘1996.’’ and inserting ‘‘2002.’’.
(b) CONDITIONS
ON
FEDERALLY
REQUESTED
WAIVERS.—Section 212(e) (8 U.S.C. 1182(e)) is amend-
ed by inserting after ‘‘except that in the case of a waiver
requested by a State Department of Public Health, or its
equivalent’’ the following: ‘‘, or in the case of a waiver
requested by an interested United States Government
agency on behalf of an alien described in clause (iii),’’.
(c) RESTRICTIONS
ON FEDERALLY REQUESTED
WAIVERS.—Section 214(k) (8 U.S.C. 1184(k)) (as added
by section 220(b) of the Immigration and Nationality
Technical Corrections Act of 1994 (Public Law 103–416;
108 Stat. 4319)) is amended to read as follows:
1765
‘‘(k)(1) In the case of a request by an interested
State agency, or by an interested Federal agency, for a
waiver of the 2-year foreign residence requirement under
section 212(e) on behalf of an alien described in clause
(iii) of such section, the Attorney General shall not grant
such waiver unless—
‘‘(A) in the case of an alien who is otherwise con-
tractually obligated to return to a foreign country,
the government of such country furnishes the Direc-
tor of the United States Information Agency with a
statement in writing that it has no objection to such
waiver;
‘‘(B) in the case of a request by an interested
State agency, the grant of such waiver would not
cause the number of waivers allotted for that State
for that fiscal year to exceed 20;
‘‘(C) in the case of a request by an interested
Federal agency or by an interested State agency—
‘‘(i) the alien demonstrates a bona fide offer
of full-time employment at a health facility or
health care organization, which employment has
been determined by the Attorney General to be
in the public interest; and
‘‘(ii) the alien agrees to begin employment
with the health facility or health care organiza-
1766
tion within 90 days of receiving such waiver,
and agrees to continue to work for a total of
not less than 3 years (unless the Attorney Gen-
eral determines that extenuating circumstances
exist, such as closure of the facility or hardship
to the alien, which would justify a lesser period
of employment at such health facility or health
care organization, in which case the alien must
demonstrate another bona fide offer of employ-
ment at a health facility or health care organi-
zation for the remainder of such 3-year period);
and
‘‘(D) in the case of a request by an interested
Federal agency (other than a request by an inter-
ested Federal agency to employ the alien full-time in
medical research or training) or by an interested
State agency, the alien agrees to practice medicine
in accordance with paragraph (2) for a total of not
less than 3 years only in the geographic area or
areas which are designated by the Secretary of
Health and Human Services as having a shortage of
health care professionals.
‘‘(2)(A) Notwithstanding section 248(2), the At-
torney General may change the status of an alien
who qualifies under this subsection and section
1767
212(e) to that of an alien described in section
101(a)(15)(H)(i)(b).
‘‘(B) No person who has obtained a change of sta-
tus under subparagraph (A) and who has failed to
fulfill the terms of the contract with the health facil-
ity or health care organization named in the waiver
application shall be eligible to apply for an immi-
grant visa, for permanent residence, or for any other
change of nonimmigrant status, until it is estab-
lished that such person has resided and been phys-
ically present in the country of his nationality or his
last residence for an aggregate of at least 2 years
following departure from the United States.
‘‘(3) Notwithstanding any other provision of this
subsection, the 2-year foreign residence requirement
under section 212(e) shall apply with respect to an
alien described in clause (iii) of such section, who
has not otherwise been accorded status under section
101(a)(27)(H), if—
‘‘(A) at any time the alien ceases to com-
ply with any agreement entered into under sub-
paragraph (C) or (D) of paragraph (1); or
‘‘(B) the alien’s employment ceases to ben-
efit the public interest at any time during the
3-year period described in paragraph (1)(C).’’.
1768
SEC. 623. USE OF LEGALIZATION AND SPECIAL AGRICUL-
TURAL WORKER INFORMATION.
(a) CONFIDENTIALITY
OF
INFORMATION.—Section
245A(c)(5) (8 U.S.C. 1255a(c)(5)) is amended to read as
follows:
‘‘(5) CONFIDENTIALITY OF INFORMATION.—
‘‘(A) IN GENERAL.—Except as provided in
this paragraph, neither the Attorney General,
nor any other official or employee of the De-
partment of Justice, or bureau or agency there-
of, may—
‘‘(i) use the information furnished by
the applicant pursuant to an application
filed under this section for any purpose
other than to make a determination on the
application, for enforcement of paragraph
(6), or for the preparation of reports to
Congress under section 404 of the Immi-
gration Reform and Control Act of 1986;
‘‘(ii) make any publication whereby
the information furnished by any particu-
lar applicant can be identified; or
‘‘(iii) permit anyone other than the
sworn officers and employees of the De-
partment or bureau or agency or, with re-
spect to applications filed with a des-
1793
formation, a fee established by the Attorney General
under paragraph (4) at the time—
(A) when the alien first registers with the
institution or program after entering the United
States; or
(B) in a case where a registration under
subparagraph (A) does not exist, when the alien
first commences activities in the United States
with the institution or program.
(2) REMITTANCE.—An approved institution of
higher education and a designated exchange visitor
program shall remit the fees collected under para-
graph (1) to the Attorney General pursuant to a
schedule established by the Attorney General.
(3) ALIENS DESCRIBED.—An alien referred to
in paragraph (1) is an alien who has nonimmigrant
status under subparagraph (F), (J), or (M) of sec-
tion 101(a)(15) of the Immigration and Nationality
Act (other than a nonimmigrant under section
101(a)(15)(J) of such Act who has come to the
United States as a participant in a program spon-
sored by the Federal Government).
(4) AMOUNT AND USE OF FEES.—
(A) ESTABLISHMENT
OF
AMOUNT.—The
Attorney General shall establish the amount of