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manitarian concerns and the public interest, se-
lect aliens for purposes of this subsection.
‘‘(B) RESTRICTION.—The Attorney General
may not select an alien under this paragraph if
the alien is a refugee (within the meaning of sec-
tion 101(a)(42)) unless the Attorney General de-
termines that compelling reasons in the public
interest with respect to that particular alien re-
quire that the alien be admitted into the United
States as a humanitarian immigrant under this
subsection rather than as a refugee under section
207.
‘‘(3) ANNUAL REPORT.—Not later than 90 days
after the end of each fiscal year, the Attorney General
shall submit to the Committees on the Judiciary of
the House of Representatives and of the Senate a re-
port describing the number of immigrant visas issued
under this subsection and the individuals to whom the
visas were issued.’’.
(b) PETITIONING.—Section 
204(a)(1) 
(8 
U.S.C.
1154(a)(1)) is amended by adding at the end the following
new subparagraph:
‘‘(I) Any alien desiring to be provided an immigrant
visa under section 203(d) may file a petition with the At-
torney General for such classification, but only if the Attor-
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Title V, Subtitle C
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ney General has identified the alien as possibly qualifying
for such a visa.’’.
(c) ORDER OF CONSIDERATION.—Subsection (f) of sec-
tion 203 (8 U.S.C. 1153), as redesignated by subsection
(a)(1), is amended by redesignating paragraph (3) as para-
graph (4) and by inserting after paragraph (2) the follow-
ing new paragraph:
‘‘(3) Immigrant visa numbers made available under
subsection (d) (relating to humanitarian immigrants) shall
be issued to eligible immigrants in an order specified by
the Attorney General.’’.
(d) APPLICATION OF PER COUNTRY NUMERICAL LIMI-
TATIONS.—Section 202(a) (8 U.S.C. 1152(a)) is amended
by adding at the end the following new paragraph:
‘‘(5) PER COUNTRY LEVELS FOR HUMANITARIAN
IMMIGRANTS.—The total number of immigrant visas
made available to natives of any single foreign state
or dependent area under section 203(d) in any fiscal
year may not exceed 50 percent (in the case of a sin-
gle foreign state) or 15 percent (in the case of a de-
pendent area) of the total number of such visas made
available under such subsection in that fiscal year.’’.
(e) WAIVER OF CERTAIN GROUNDS OF INADMISSIBIL-
ITY.—Section 212(a) (8 U.S.C. 1182(a)) is amended—
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(1) in paragraph (4), as amended by sections
621(a) and 512(b), by adding at the end the following
new subparagraph:
‘‘(E) WAIVER
AUTHORIZED
FOR
HUMANI-
TARIAN IMMIGRANTS.—The Attorney General, in
the discretion of the Attorney General, may
waive the ground of inadmissibility under sub-
paragraph (A) in the case of an alien seeking
admission as a humanitarian immigrant under
section 203(d).’’;
(2) in paragraph (5)(C), by inserting before the
period at the end the following: ‘‘, and shall not apply
to immigrants seeking admissions as humanitarian
immigrants under section 203(d)’’; and
(3) in paragraph (7)(A), by redesignating clause
(ii) as clause (iii) and by inserting after clause (i)
the following new clause:
‘‘(ii) WAIVER
AUTHORIZED
FOR
HU-
MANITARIAN
IMMIGRANTS.—The Attorney
General, in the discretion of the Attorney
General, may waive the ground of inadmis-
sibility under clause (i) in the case of an
alien seeking admission as a humanitarian
immigrant under section 203(d).’’.
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(f) CONFORMING AMENDMENT.—Section 216(g)(1) (8
U.S.C. 1186a(g)(1)) is amended by striking ‘‘203(d)’’ and
inserting ‘‘203(e)’’.
Subtitle D—Asylum Reform
SEC. 531. 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 ASYLUM.—
‘‘(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), irrespective of such alien’s status, may apply
for asylum in accordance with this section.
‘‘(2) EXCEPTIONS.—
‘‘(A) SAFE
THIRD
COUNTRY.—Paragraph
(1) shall not apply to an alien if the Attorney
General determines that the alien may be re-
moved, including pursuant to a bilateral or mul-
tilateral 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, member-
ship in a particular social group, or political
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Title V, Subtitle D
HR 2202 RH
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 asy-
lum in the United States.
‘‘(B) TIME LIMIT.—Paragraph (1) shall not
apply to an alien unless the alien demonstrates
by clear and convincing evidence that the appli-
cation has been filed within 30 days after the
alien’s arrival in the United States.
‘‘(C) PREVIOUS
ASYLUM
APPLICATIONS.—
Paragraph (1) shall not apply to an alien if the
alien has previously applied for asylum and had
such application denied.
‘‘(D) CHANGED CONDITIONS.—An applica-
tion for asylum of an alien may be considered,
notwithstanding subparagraphs (B) and (C), if
the alien demonstrates to the satisfaction of the
Attorney General the existence of fundamentally
changed circumstances which affect the appli-
cant’s eligibility for asylum.
‘‘(3) LIMITATION
ON
JUDICIAL
REVIEW.—No
court shall have jurisdiction to review a determina-
tion of the Attorney General under paragraph (2).
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‘‘(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 section
if the Attorney General determines that such alien is
a 
refugee 
within 
the 
meaning 
of 
section
101(a)(42)(A).
‘‘(2) EXCEPTIONS.—
‘‘(A) IN
GENERAL.—Paragraph (1) shall
not apply to an alien if the Attorney General de-
termines that—
‘‘(i) the alien ordered, incited, assisted,
or otherwise participated in the persecution
of any person on account of race, religion,
nationality, membership in a particular so-
cial 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
730
Title V, Subtitle D
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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 secu-
rity 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 activity),
unless, in the case only of an alien inadmis-
sible under subclause (IV) of section
212(a)(3)(B)(i), the Attorney General deter-
mines, in the Attorney General’s discretion,
that there are not reasonable grounds for re-
garding the alien as a danger to the secu-
rity 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 FEL-
ONY.—For purposes of clause (ii) of sub-
paragraph (A), an alien who has been con-
victed of an aggravated felony shall be con-
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Title V, Subtitle D
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sidered to have been convicted of a particu-
larly 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 Attor-
ney General may by regulation establish addi-
tional limitations and conditions 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 At-
torney General under subparagraph (A)(v).
‘‘(3) TREATMENT OF SPOUSE AND CHILDREN.—
A spouse or child (as defined in section 101(b)(1)(A),
(B), (C), (D), or (E)) of an alien who is granted asy-
lum under this subsection may, if not otherwise eligi-
ble for asylum under this section, be granted the same
status as the alien if accompanying, or following to
join, such alien.
‘‘(c) ASYLUM STATUS.—
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Title V, Subtitle D
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‘‘(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
‘‘(C) may allow the alien to travel abroad
with the prior consent of the Attorney General.
‘‘(2) TERMINATION OF ASYLUM.—Asylum grant-
ed 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 condi-
tions described in subsection (b)(1) owing to a
fundamental change in circumstances;
‘‘(B) the alien meets a condition described
in subsection (b)(2);
‘‘(C) the alien may be removed, including
pursuant to a bilateral or multilateral agree-
ment, to a country (other than the country of the
733
Title V, Subtitle D
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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 can-
not establish that it is more likely than not that
the alien’s life or freedom would be threatened on
account of race, religion, nationality, member-
ship in a particular social group, or political
opinion, and where the alien is eligible to receive
asylum or equivalent temporary protection;
‘‘(D) the alien has voluntarily availed him-
self or herself of the protection of the alien’s
country 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 reasonable
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 national-
ity and enjoys the protection of the country of
his 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-
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Title V, Subtitle D
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moval or return shall be directed by the Attorney
General in accordance with sections 240 and 241.
‘‘(4) LIMITATION
ON
JUDICIAL
REVIEW.—No
court shall have jurisdiction to review a determina-
tion of the Attorney General under paragraph (2).
‘‘(d) ASYLUM PROCEDURE.—
‘‘(1) APPLICATIONS.—The Attorney General shall
establish a procedure for the consideration of asylum
applications filed under subsection (a). An applica-
tion for asylum shall not be considered unless the
alien submits fingerprints and a photograph in a
manner to be determined by regulation by the Attor-
ney General.
‘‘(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 section,
and for adjustment of status under section 209(b).
The Attorney General may provide for the assessment
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Title V, Subtitle D
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and payment of such fees over a period of time or by
installments. Nothing in this paragraph shall be con-
strued to require the Attorney General to charge fees
for adjudication services provided to asylum appli-
cants, or to limit the authority of the Attorney Gen-
eral to set adjudication and naturalization fees in ac-
cordance 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 Attorney
General shall—
‘‘(A) advise the alien of the privilege of
being represented by counsel and of the con-
sequences, under paragraph (6), of knowingly fil-
ing a frivolous application for asylum; and
‘‘(B) provide the alien a list of persons (up-
dated not less often than quarterly) who have in-
dicated 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
736
Title V, Subtitle D
HR 2202 RH
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
not later than 45 days after the date an ap-
plication 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 ap-
plication is filed;
‘‘(iv) any administrative appeal shall
be filed within 30 days of a decision grant-
ing 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
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Title V, Subtitle D
HR 2202 RH
‘‘(v) in the case of an applicant for
asylum who fails without prior authoriza-
tion 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-
tions on the consideration of an application for
asylum not inconsistent with this Act.
‘‘(6) FRIVOLOUS APPLICATIONS.—
‘‘(A) IN GENERAL.—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.
‘‘(B) MATERIAL
MISREPRESENTATIONS.—
An application shall be considered to be frivolous
if the Attorney General determines that the ap-
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Title V, Subtitle D
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plication contains a willful misrepresentation or
concealment of a material fact.
‘‘(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 AMENDMENTS.—
(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 striking
‘‘208(b)’’ and inserting ‘‘208’’.
(c) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall apply to applications for asylum filed on
or after the first day of the first month beginning more than
180 days after the date of the enactment of this Act.
SEC. 532. FIXING NUMERICAL ADJUSTMENTS FOR ASYLEES
AT 10,000 EACH YEAR.
(a) IN GENERAL.—Section 209(b) (8 U.S.C. 1159(b))
is amended by striking ‘‘Not more than’’ and all that fol-
lows through ‘‘adjust’’ and inserting the following: ‘‘The At-
torney General, in the Attorney General’s discretion and
under such regulations as the Attorney General may pre-
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Title V, Subtitle D
HR 2202 RH
scribe, and in a number not to exceed 10,000 aliens in any
fiscal year, may adjust’’.
(b) CONFORMING AMENDMENT.—Section 207(a) (8
U.S.C. 1157(a)) is amended by striking paragraph (4).
(c) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect on October 1, 1996.
SEC. 533. INCREASED RESOURCES FOR REDUCING ASYLUM
APPLICATION BACKLOGS.
(a) AUTHORIZATION OF TEMPORARY EMPLOYMENT OF
CERTAIN ANNUITANTS AND RETIREES.—
(1) IN GENERAL.—For the purpose of performing
duties in connection with adjudicating applications
for asylum pending as of the date of the enactment
of this Act, the Attorney General may employ for a
period not to exceed 24 months (beginning 3 months
after the date of the enactment of this Act) not more
than 300 individuals (at any one time) who, by rea-
son of separation from service on or before January
1, 1995, are receiving—
(A) annuities under the provisions of sub-
chapter III of chapter 83 of title 5, United States
Code, or chapter 84 of such title;
(B) annuities under any other retirement
system for employees of the Federal Government;
or
740
Title V, Subtitle D
HR 2202 RH
(C) retired or retainer pay as retired offi-
cers of regular components of the uniformed serv-
ices.
(2) NO REDUCTION IN ANNUITY OR RETIREMENT
PAY
OR
REDETERMINATION
OF
PAY
DURING
TEM-
PORARY EMPLOYMENT.—
(A) RETIREES UNDER CIVIL SERVICE RE-
TIREMENT
SYSTEM
AND
FEDERAL
EMPLOYEES’
RETIREMENT SYSTEM.—In the case of an indi-
vidual employed under paragraph (1) who is re-
ceiving an annuity described in paragraph
(1)(A)—
(i) such individual’s annuity shall con-
tinue during the employment under para-
graph (1) and shall not be increased as a
result of service performed during that em-
ployment;
(ii) retirement deductions shall not be
withheld from such individual’s pay; and
(iii) such individual’s pay shall not be
subject to any deduction based on the por-
tion of such individual’s annuity which is
allocable to the period of employment.
(B) 
OTHER
FEDERAL
RETIREES.—The
President shall apply the provisions of subpara-
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Title V, Subtitle D
HR 2202 RH
graph (A) to individuals who are receiving an
annuity described in paragraph (1)(B) and who
are employed under paragraph (1) in the same
manner and to the same extent as such provi-
sions apply to individuals who are receiving an
annuity described in paragraph (1)(A) and who
are employed under paragraph (1).
(C) RETIRED OFFICERS OF THE UNIFORM
SERVICES.—The retired or retainer pay of a re-
tired officer of a regular component of a uni-
formed service shall not be reduced under section
5532 of title 5, United States Code, by reason of
temporary employment authorized under para-
graph (1).
(b) PROCEDURES
FOR PROPERTY ACQUISITION
ON
LEASING.—Notwithstanding the Federal Property and Ad-
ministrative Services Act of 1949 (40 U.S.C. 471 et seq.),
the Attorney General is authorized to expend out of funds
made available to the Department of Justice for the admin-
istration of the Immigration and Nationality Act such
amounts as may be necessary for the leasing or acquisition
of property to carry out the purpose described in subsection
(a)(1).
(c) INCREASE IN ASYLUM OFFICERS.—Subject to the
availability of appropriations, the Attorney General shall
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Title V, Subtitle E
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provide for an increase in the number of asylum officers
to at least 600 asylum officers by fiscal year 1997.
Subtitle E—General Effective Date;
Transition Provisions
SEC. 551. GENERAL EFFECTIVE DATE.
(a) IN GENERAL.—Except as otherwise provided in
subsection (b) or in this title, this title and the amendments
made by this title shall take effect on October 1, 1996, and
shall apply beginning with fiscal year 1997.
(b) PROVISIONS
TAKING
EFFECT
UPON
ENACT-
MENT.—Sections 523 and 554 shall take effect on the date
of the enactment of this Act.
SEC. 552. GENERAL TRANSITION FOR CURRENT CLASSI-
FICATION PETITIONS.
(a) FAMILY-SPONSORED IMMIGRANTS.—
(1) IMMEDIATE RELATIVES.—Any petition filed
under section 204(a) of the Immigration and Nation-
ality Act before October 1, 1996, for immediate rel-
ative status under section 201(b)(2)(A) of such Act
(as in effect before such date) as a spouse or child of
a United States citizen or as a parent of a United
States citizen shall be deemed, as of such date, to be
a petition filed under such section for status under
section 201(b)(2)(A) (as such a spouse or child) or
743
Title V, Subtitle E
HR 2202 RH
under section 203(a)(2), respectively, of such Act (as
amended by this title).
(2) SPOUSES
AND
CHILDREN
OF
PERMANENT
RESIDENTS.—Any petition filed under section 204(a)
of the Immigration and Nationality Act before Octo-
ber 1, 1996, for preference status under section
203(a)(2) of such Act as a spouse or child of an alien
lawfully admitted for permanent residence shall be
deemed, as of such date, to be a petition filed under
such section for preference status under section
203(a)(1) of such Act (as amended by this title).
(b) EMPLOYMENT-BASED IMMIGRANTS.—
(1) IN GENERAL.—Subject to paragraph (2), any
petition filed before October 1, 1996, and approved on
any date, to accord status under section 203(b)(1)(A),
203(b)(1)(B), 203(b)(1)(C), 203(b)(2), 203(b)(3)(A)(i),
203(b)(3)(A)(ii), 203(b)(4), 203(b)(5) of the Immigra-
tion and Nationality Act (as in effect before such
date) shall be deemed, on and after October 1, 1996
(or, if later, the date of such approval), to be a peti-
tion approved to accord status under section
203(b)(1), 
203(b)(2)(B), 
203(b)(2)(C), 
203(b)(3),
203(b)(4)(B), 203(b)(4)(C), 203(b)(6), or 203(b)(5),
respectively, of such Act (as in effect on and after
such date). Nothing in this paragraph shall be con-
744
Title V, Subtitle E
HR 2202 RH
strued as exempting the beneficiaries of such petitions
from the numerical limitations under section 203(b)
of such Act (as amended by section 513).
(2) TIME LIMITATION.—Paragraph (1) shall not
apply more than two years after the date the priority
date for issuance of a visa on the basis of such a peti-
tion has been reached.
(c) ADMISSIBILITY STANDARDS.—When an immi-
grant, in possession of an unexpired immigrant visa issued
before October 1, 1996, makes application for admission,
the immigrant’s admissibility under paragraph (7)(A) of
section 212(a) of the Immigration and Nationality Act shall
be determined under the provisions of law in effect on the
date of the issuance of such visa.
(d) CONSTRUCTION.—Nothing in this title shall be con-
strued as affecting the provisions of section 19 of Public
Law 97–116, section 2(c)(1) of Public Law 97–271, or sec-
tion 202(e) of Public Law 99–603.
SEC. 553. SPECIAL TRANSITION FOR CERTAIN BACKLOGGED
SPOUSES AND CHILDREN OF LAWFUL PERMA-
NENT RESIDENT ALIENS.
(a) IN GENERAL.—(1) In addition to any immigrant
visa numbers otherwise available, immigrant visa numbers
in a number not to exceed 50,000 (or, if greater, 1⁄5 of the
number of aliens described in paragraph (2)) immigrant
745
Title V, Subtitle E
HR 2202 RH
visa numbers shall be made available in each of fiscal years
1997 through 2001 for aliens who have petitions approved
for classification under section 203(a)(1) of the Immigra-
tion and Nationality Act (as amended by this title) for the
fiscal year.
(2) Aliens described in this paragraph are aliens, for
whom petitions are pending as of the beginning of the fiscal
year involved, with respect to whom the petitioning alien
became an alien admitted for lawful permanent residence
through the operation of section 210 or 245A of the Immi-
gration and Nationality Act.
(b) ORDER.—(1) Subject to paragraph (2), visa num-
bers under this section shall be made available in the order
in which a petition, in behalf of each such immigrant for
classification under section 203(a)(1) of the Immigration
and Nationality Act, is filed with the Attorney General
under section 204 of such Act.
(2) Visa numbers shall first be made available to aliens
for whom the petitioning alien did not become an alien law-
fully admitted for permanent residence through the oper-
ation of section 210 or 245A of the Immigration and Na-
tionality Act.
(3) The per country numerical limitations of section
202 of such Act shall not apply with respect to visa numbers
made available under this section, and visa numbers made
746
Title V, Subtitle E
HR 2202 RH
available under this section shall not be counted in deter-
mining whether there are excess family admissions in a fis-
cal year under section 201(c)(3)(B) of the Immigration and
Nationality Act (as amended by section 501(b)).
(c) REPORT.—The Attorney General shall submit to
Congress, by April 1, 2001, a report on the operation of
this section and the extent to which this section will, by
October 1, 2001, have resulted in visa numbers being avail-
able to immigrants described in paragraphs (1) and (2) of
subsection (b) being available on a current basis.
SEC. 554. SPECIAL TREATMENT OF CERTAIN DISADVAN-
TAGED FAMILY FIRST PREFERENCE IMMI-
GRANTS.
(a) DISREGARD OF PER COUNTRY LIMITS FOR LAST
HALF OF FISCAL YEAR 1996.—The per country numerical
limitations specified in section 202(a) of the Immigration
and Nationality Act shall not apply to immigrant numbers
made available under section 203(a)(1) of such Act (as in
effect before the date of the enactment of this Act) on or
after April 1, 1996, but only to the extent necessary to as-
sure that the priority date for aliens classified under such
section who are nationals of a country is not earlier than
the priority date for aliens classified under section
203(a)(2)(B) of such Act for aliens who are nationals of
that country.
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Title V, Subtitle E
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(b) ADDITIONAL VISA NUMBERS POTENTIALLY AVAIL-
ABLE TO ASSURE EQUITABLE TREATMENT FOR UNMAR-
RIED SONS AND DAUGHTERS OF UNITED STATES CITI-
ZENS.—
(1) IN
GENERAL.—In addition to any immi-
grant visa otherwise available, immigrant visa num-
bers shall be made available during fiscal year 1997
for disadvantaged family first preference aliens (as
defined in paragraph (2)) and for spouses and chil-
dren of such aliens who would otherwise be eligible to
immigrant status under section 203(e) of the Immi-
gration and Nationality Act in relation to such aliens
if the aliens remained entitled to immigrant status
under section 203(a) of such Act.
(2) DISADVANTAGED FAMILY FIRST PREFERENCE
ALIEN DEFINED.—In this subsection, the term ‘‘dis-
advantaged family first preference alien’’ means an
alien—
(A) with respect to whom a petition for
classification under section 203(a)(1) of the Im-
migration and Nationality Act (as in effect on
the date of the enactment of this Act) was ap-
proved as of September 30, 1996, and
(B) whose priority date, as of September 30,
1996, under such classification was earlier than
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Title V, Subtitle E
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the priority date as of such date for aliens of the
same nationality with respect to whom a peti-
tion for classification under section 203(a)(2)(B)
of such Act (as in effect on such date) had been
approved.
(3) DISREGARD
OF
PER
COUNTRY
NUMERICAL
LIMITATIONS.—Additional visa numbers made avail-
able under this subsection shall not be taken into ac-
count for purposes of applying any numerical limita-
tion applicable to the country under section 202 of
such Act, and visa numbers made available under this
subsection shall not be counted in determining wheth-
er there are excess family admissions in a fiscal year
under section 201(c)(3)(B) of the Immigration and
Nationality Act (as amended by section 501(b) of this
Act).
SEC. 555. AUTHORIZATION OF REIMBURSEMENT OF PETI-
TIONERS 
FOR 
ELIMINATED 
FAMILY-SPON-
SORED CATEGORIES.
(a) IN GENERAL.—Subject to the availability of appro-
priations, after the effective date of this title, the Attorney
General shall establish a process to provide for the reim-
bursement to each petitioner of all fees paid to the United
States, and which were required to be paid under the Immi-
gration and Nationality Act, for a petition, which was not
749
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disapproved as of such date and for which a visa has not
been issued, for a family-sponsored immigrant category
which is eliminated by this title or the amendments made
by this title. Any such process shall provide that such a
petitioner shall present any required documentation or
other proof of such claim, in person, to the Immigration
and Naturalization Service.
(b) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated such sums as are necessary
to carry out this section.
TITLE VI—RESTRICTIONS ON
BENEFITS FOR ALIENS
SEC. 600. STATEMENTS OF NATIONAL POLICY CONCERNING
WELFARE AND IMMIGRATION.
The Congress makes the following statements concern-
ing national policy with respect to welfare and immigra-
tion:
(1) Self-sufficiency has been a basic principle of
United States immigration law since this country’s
earliest immigration statutes.
(2) It continues to be the immigration policy of
the United States that—
(A) aliens within the nation’s borders not
depend on public resources to meet their needs,
but rather rely on their own capabilities and the
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resources of their families, their sponsors, and
private organizations, and
(B) the availability of public benefits not
constitute an incentive for immigration to the
United States.
(3) Despite the principle of self-sufficiency,
aliens have been applying for and receiving public
benefits from Federal, State, and local governments at
increasing rates.
(4) Current eligibility rules for public assistance
and unenforceable financial support agreements have
proved wholly incapable of assuring that individual
aliens not burden the public benefits system.
(5) It is a compelling government interest to
enact new rules for eligibility and sponsorship agree-
ments in order to assure that aliens be self-reliant in
accordance with national immigration policy.
(6) It is a compelling government interest to re-
move the incentive for illegal immigration provided
by the availability of public benefits.
(7) Where States are authorized to follow Federal
eligibility rules for public assistance programs, the
Congress strongly encourages the States to adopt the
Federal eligibility rules.
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Subtitle A—Eligibility of Illegal
Aliens for Public Benefits
PART 1—PUBLIC BENEFITS GENERALLY
SEC. 601. MAKING ILLEGAL ALIENS INELIGIBLE FOR PUB-
LIC 
ASSISTANCE, 
CONTRACTS, 
AND 
LI-
CENSES.
(a) FEDERAL PROGRAMS.—Notwithstanding any other
provision of law, except as provided in section 603, any
alien who is not lawfully present in the United States shall
not be eligible for any of the following:
(1) FEDERAL
ASSISTANCE
PROGRAMS.—To re-
ceive any benefits under any program of assistance
provided or funded, in whole or in part, by the Fed-
eral Government for which eligibility (or the amount
of assistance) is based on financial need.
(2) FEDERAL CONTRACTS OR LICENSES.—To re-
ceive any grant, to enter into any contract or loan
agreement, or to be issued (or have renewed) any pro-
fessional or commercial license, if the grant, contract,
loan, or license is provided or funded by any Federal
agency.
(b) STATE PROGRAMS.—Notwithstanding any other
provision of law, except as provided in section 603, any
alien who is not lawfully present in the United States shall
not be eligible for any of the following:
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Title VI, Subtitle A
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(1) STATE ASSISTANCE PROGRAMS.—To receive
any benefits under any program of assistance (not de-
scribed in subsection (a)(1)) provided or funded, in
whole or in part, by a State or political subdivision
of a State for which eligibility (or the amount of as-
sistance) is based on financial need.
(2) STATE CONTRACTS OR LICENSES.—To receive
any grant, to enter into any contract or loan agree-
ment, or to be issued (or have renewed) any profes-
sional or commercial license, if the grant, contract,
loan, or license is provided or funded by any State
agency.
(c) REQUIRING PROOF OF IDENTITY FOR FEDERAL
CONTRACTS, GRANTS, LOANS, LICENSES, AND PUBLIC AS-
SISTANCE.—
(1) IN GENERAL.—In considering an application
for a Federal contract, grant, loan, or license, or for
public assistance under a program described in para-
graph (2), a Federal agency shall require the appli-
cant to provide proof of identity under paragraph (3)
to be considered for such Federal contract, grant,
loan, license, or public assistance.
(2) PUBLIC ASSISTANCE PROGRAMS COVERED.—
The requirement of proof of identity under paragraph
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Title VI, Subtitle A
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(1) shall apply to the following Federal public assist-
ance programs:
(A) SSI.—The supplemental security in-
come program under title XVI of the Social Se-
curity Act, including State supplementary bene-
fits programs referred to in such title.
(B) AFDC.—The program of aid to families
with dependent children under part A or E of
title IV of the Social Security Act.
(C) SOCIAL SERVICES BLOCK GRANT.—The
program of block grants to States for social serv-
ices under title XX of the Social Security Act.
(D) MEDICAID.—The program of medical
assistance under title XIX of the Social Security
Act.
(E) FOOD STAMPS.—The program under the
Food Stamp Act of 1977.
(F) HOUSING ASSISTANCE.—Financial as-
sistance as defined in section 214(b) of the Hous-
ing and Community Development Act of 1980.
(3) DOCUMENTS THAT SHOW PROOF OF IDEN-
TITY.—
(A) IN
GENERAL.—Any one of the docu-
ments described in subparagraph (B) may be
used as proof of identity under this subsection if
754
Title VI, Subtitle A
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the document is current and valid. No other doc-
ument or documents shall be sufficient to prove
identity.
(B) DOCUMENTS
DESCRIBED.—The docu-
ments described in this subparagraph are the fol-
lowing:
(i) A United States passport (either
current or expired if issued both within the
previous 20 years and after the individual
attained 18 years of age).
(ii) A resident alien card.
(iii) A State driver’s license, if pre-
sented with the individual’s social security
account number card.
(iv) A State identity card, if presented
with the individual’s social security account
number card.
(d) AUTHORIZATION FOR STATES TO REQUIRE PROOF
OF ELIGIBILITY FOR STATE PROGRAMS.—In considering
an application for contracts, grants, loans, licenses, or pub-
lic assistance under any State program, a State is author-
ized to require the applicant to provide proof of eligibility
to be considered for such State contracts, grants, loans, li-
censes, or public assistance.
(e) EXCEPTION FOR BATTERED ALIENS.—
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Title VI, Subtitle A
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(1) EXCEPTION.—The limitations on eligibility
for benefits under subsection (a) or (b) shall not apply
to an alien if—
(A)(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 house-
hold as the alien and the spouse or parent con-
sented 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 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
(B)(i) the alien has petitioned (or petitions
within 45 days after the first application for as-
sistance subject to the limitations under sub-
section (a) or (b)) for—
(I) status as a spouse or child of a
United States citizen pursuant to clause
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Title VI, Subtitle A
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(ii), (iii), or (iv) of section 204(a)(1)(A) of
the Immigration and Nationality Act,
(II) classification pursuant to clauses
(ii) or (iii) of section 204(a)(1)(B) of such
Act, or
(III) cancellation of removal and ad-
justment of status pursuant to section
240A(b)(2) of such Act ; or
(ii) the alien is the beneficiary of a petition
filed for status as a spouse or child of a United
States citizen pursuant to clause (i) of section
204(a)(1)(A) of the Immigration and National-
ity Act, or of a petition filed for classification
pursuant to clause (i) of section 204(a)(1)(B) of
such Act.
(2) TERMINATION OF EXCEPTION.—The exception
under paragraph (1) shall terminate if no complete
petition which sets forth a prima facie case is filed
pursuant to the requirement of paragraph (1)(B) or
(1)(C) or when an petition is denied.
SEC. 602. MAKING UNAUTHORIZED ALIENS INELIGIBLE FOR
UNEMPLOYMENT BENEFITS.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, no unemployment benefits shall be payable (in
whole or in part) out of Federal funds to the extent the
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Title VI, Subtitle A
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benefits are attributable to any employment of the alien in
the United States for which the alien was not granted em-
ployment authorization pursuant to Federal law.
(b) PROCEDURES.—Entities responsible for providing
unemployment benefits subject to the restrictions of this sec-
tion shall make such inquiries as may be necessary to as-
sure that recipients of such benefits are eligible consistent
with this section.
SEC. 603. GENERAL EXCEPTIONS.
Sections 601 and 602 shall not apply to the following:
(1) EMERGENCY MEDICAL SERVICES.—The pro-
vision of emergency medical services (as defined by
the Attorney General in consultation with the Sec-
retary of Health and Human Services).
(2) PUBLIC
HEALTH
IMMUNIZATIONS.—Public
health assistance for immunizations with respect to
immunizable diseases and for testing and treatment
for communicable diseases.
(3) SHORT-TERM EMERGENCY RELIEF.—The pro-
vision of non-cash, in-kind, short-term emergency re-
lief.
(4) FAMILY VIOLENCE SERVICES.—The provision
of any services directly related to assisting the victims
of domestic violence or child abuse.
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Title VI, Subtitle A
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(5) SCHOOL LUNCH ACT.—Programs carried out
under the National School Lunch Act.
(6) CHILD NUTRITION ACT.—Programs of assist-
ance under the Child Nutrition Act of 1966.
SEC. 604. TREATMENT OF EXPENSES SUBJECT TO EMER-
GENCY MEDICAL SERVICES EXCEPTION.
(a) IN GENERAL.—Subject to such amounts as are pro-
vided in advance in appropriation Acts, each State or local
government that provides emergency medical services (as
defined for purposes of section 603(1)) through a public hos-
pital or other public facility (including a nonprofit hospital
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 enti-
tled to receive 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 identity and immigration status of the individual has
been verified with the Immigration and Naturalization
759
Title VI, Subtitle A
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Service in accordance with procedures established by the At-
torney General.
(c) ADMINISTRATION.—This section shall be adminis-
tered by the Attorney General, in consultation with the Sec-
retary of Health and Human Services.
(d) EFFECTIVE DATE.—Subsection (a) shall not apply
to emergency medical services furnished before October 1,
1995.
SEC. 605. REPORT ON DISQUALIFICATION OF ILLEGAL
ALIENS FROM HOUSING ASSISTANCE PRO-
GRAMS.
Not later than 90 days after the date of the enactment
of this Act, the Secretary of Housing and Urban Develop-
ment shall submit a report to the Committees on the Judici-
ary of the House of Representatives and of the Senate, the
Committee on Banking of the House of Representatives, and
the Committee on Banking, Housing, and Urban Affairs
of the Senate, describing the manner in which the Secretary
is enforcing section 214 of the Housing and Community
Development Act of 1980. The report shall contain statistics
with respect to the number of aliens denied financial assist-
ance under such section.
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Title VI, Subtitle A
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SEC. 606. VERIFICATION OF STUDENT ELIGIBILITY FOR
POSTSECONDARY FEDERAL STUDENT FINAN-
CIAL ASSISTANCE.
No student shall be eligible for postsecondary Federal
student financial assistance unless the student has certified
that the student is a citizen or national of the United States
or an alien lawfully admitted for permanent residence and
the Secretary of Education has verified such certification
through an appropriate procedure determined by the Attor-
ney General.
SEC. 607. PAYMENT OF PUBLIC ASSISTANCE BENEFITS.
In carrying out this part, the payment or provision
of benefits (other than those described in section 603 under
a program of assistance described in section 601(a)(1))
shall be made only through an individual or person who
is not ineligible to receive such benefits under such program
on the basis of immigration status pursuant to the require-
ments and limitations of this part.
SEC. 608. DEFINITIONS.
For purposes of this part:
(1) LAWFUL PRESENCE.—The determination of
whether an alien is lawfully present in the United
States shall be made in accordance with regulations
of the Attorney General. An alien shall not be consid-
ered to be lawfully present in the United States for
purposes of this title merely because the alien may be
761
Title VI, Subtitle A
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considered to be permanently residing in the United
States under color of law for purposes of any particu-
lar program.
(2) STATE.—The term ‘‘State’’ includes the Dis-
trict of Columbia, Puerto Rico, the Virgin Islands,
Guam, the Northern Mariana Islands, and American
Samoa.
SEC. 609. REGULATIONS AND EFFECTIVE DATES.
(a) REGULATIONS.—The Attorney General shall first
issue regulations to carry out this part (other than section
605) by not later than 60 days after the date of the enact-
ment of this Act. Such regulations shall take effect on an
interim basis, pending change after opportunity for public
comment.
(b) EFFECTIVE DATE FOR RESTRICTIONS ON ELIGI-
BILITY FOR PUBLIC BENEFITS.—(1) Except as provided in
this subsection, section 601 shall apply to benefits provided,
contracts or loan agreements entered into, and professional
and commercial licenses issued (or renewed) on or after
such date as the Attorney General specifies in regulations
under subsection (a). Such date shall be at least 30 days,
and not more than 60 days, after the date the Attorney Gen-
eral first issues such regulations.
(2) The Attorney General, in carrying out section
601(a)(2), may permit such section to be waived in the case
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Title VI, Subtitle A
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of individuals for whom an application for the grant, con-
tract, loan, or license is pending (or approved) as of a date
that is on or before the effective date specified under para-
graph (1).
(c) EFFECTIVE DATE FOR RESTRICTIONS ON ELIGI-
BILITY FOR UNEMPLOYMENT BENEFITS.—(1) Except as
provided in this subsection, section 602 shall apply to un-
employment benefits provided on or after such date as the
Attorney General specifies in regulations under subsection
(a). Such date shall be at least 30 days, and not more than
60 days, after the date the Attorney General first issues such
regulations.
(2) The Attorney General, in carrying out section 602,
may permit such section to be waived in the case of an
individual during a continuous period of unemployment for
whom an application for unemployment benefits is pending
as of a date that is on or before the effective date specified
under paragraph (1).
(d) BROAD DISSEMINATION OF INFORMATION.—Before
the effective dates specified in subsections (b) and (c), the
Attorney General shall broadly disseminate information re-
garding the restrictions on eligibility established under this
part.
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Title VI, Subtitle A
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PART 2—EARNED INCOME TAX CREDIT
SEC. 611. EARNED INCOME TAX CREDIT DENIED TO INDI-
VIDUALS NOT AUTHORIZED TO BE EMPLOYED
IN THE UNITED STATES.
(a) IN GENERAL.—Section 32(c)(1) of the Internal
Revenue Code of 1986 (relating to individuals eligible to
claim the earned income tax credit) is amended by adding
at the end the following new subparagraph:
‘‘(F) IDENTIFICATION
NUMBER
REQUIRE-
MENT.—The term ‘eligible individual’ does not
include any individual who does not include on
the return of tax for the taxable year—
‘‘(i) such individual’s taxpayer identi-
fication number, and
‘‘(ii) if the individual is married
(within the meaning of section 7703), the
taxpayer identification number of such in-
dividual’s spouse.’’
(b) SPECIAL IDENTIFICATION NUMBER.—Section 32 of
the Internal Revenue Code of 1986 (relating to earned in-
come) is amended by adding at the end the following new
subsection:
‘‘(k) IDENTIFICATION NUMBERS.—For purposes of sub-
sections (c)(1)(F) and (c)(3)(D), a taxpayer identification
number means a social security number issued to an indi-
vidual by the Social Security Administration (other than
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Title VI, Subtitle A
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a social security number issued pursuant to clause (II) (or
that portion of clause (III) that relates to clause (II)) of
section 205(c)(2)(B)(i) of the Social Security Act).’’
(c) EXTENSION
OF PROCEDURES APPLICABLE
TO
MATHEMATICAL
OR
CLERICAL
ERRORS.—Section
6213(g)(2) of the Internal Revenue Code of 1986 (relating
to the definition of mathematical or clerical errors) is
amended by striking ‘‘and’’ at the end of subparagraph (D),
by striking the period at the end of subparagraph (E) and
inserting ‘‘, and’’, and by inserting after subparagraph (E)
the following new subparagraph:
‘‘(F) an omission of a correct taxpayer
identification number required under section 23
(relating to credit for families with younger chil-
dren) or section 32 (relating to the earned in-
come tax credit) to be included on a return.’’.
(d) EFFECTIVE DATE.—The amendments made by this
section shall apply to taxable years beginning after Decem-
ber 31, 1995.
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Title VI, Subtitle B
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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 section
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 applica-
tion for admission or adjustment of status, that
the alien’s age, health, family status, assets, re-
sources, financial status, education, skills, or a
combination thereof, or an affidavit of support
described in section 213A, or both, make it un-
likely that the alien will become a public charge
(as determined under section 241(a)(5)(B)) is in-
admissible.
‘‘(B) NONIMMIGRANTS.—Any alien who
seeks admission under a visa number issued
under section 214, who cannot demonstrate to
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Title VI, Subtitle B
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the consular officer at the time of application for
the visa that the alien’s age, health, family sta-
tus, assets, resources, financial status, education,
skills or a combination thereof, or an affidavit of
support described in section 213A, or both, make
it unlikely that the alien will become a public
charge 
(as 
determined 
under 
section
241(a)(5)(B)) is inadmissible.
‘‘(C) EMPLOYMENT-BASED IMMIGRANTS.—
‘‘(i) IN
GENERAL.—Any alien who
seeks admission or adjustment of status
under a visa number issued under para-
graph (2) or (3) of section 203(b) who can-
not 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 status, that
the immigrant has a valid offer of employ-
ment is inadmissible.
‘‘(ii) CERTAIN EMPLOYMENT-BASED IM-
MIGRANTS.—Any alien who seeks admission
or adjustment of status under a visa num-
ber issued under section 203(b) by virtue of
a classification petition filed by a relative
of the alien (or by an entity in which such
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Title VI, Subtitle B
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relative has a significant ownership inter-
est) is inadmissible unless such relative has
executed an affidavit of support 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 appli-
cations submitted on or after such date, not earlier than
30 days and not later than 60 days after the date the Attor-
ney 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
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 sec-
tion 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
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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 section
207 or granted asylum under section 208.
‘‘(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 assist-
ance programs described in subparagraph
(D) for an aggregate period, except as pro-
vided 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 public charge,
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Title VI, Subtitle B
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including bases in effect on the day before
the date of the enactment of the Immigra-
tion in the National Interest Act of 1995.
The Attorney General, in consultation with
the Secretary of Health and Human Serv-
ices, shall establish rules regarding the
counting of health benefits described in sub-
paragraph (D)(iv) for purposes of this sub-
paragraph.
‘‘(ii) DETERMINATION WITH RESPECT
TO BATTERED WOMEN AND CHILDREN.—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
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(without the active participation of the
alien in the battery or extreme cruelty), or
by a member of the spouse or parent’s fam-
ily residing in the same household as the
alien when the spouse or parent consented
or acquiesced to and the alien did not ac-
tively participate in such battery or cruelty,
and the need for the public benefits received
has a substantial connection to the battery
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 cruelty
under clause (ii) is ongoing, has led to the
issuance of an order of a judge or an ad-
ministrative 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 assist-
ance programs described in this subparagraph
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Title VI, Subtitle B
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are the following (and include any successor to
such a program as identified by the Attorney
General in consultation with other appropriate
officials):
‘‘(i) SSI.—The supplemental security
income program under title XVI of the So-
cial Security Act, including State supple-
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 Security
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)
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Title VI, Subtitle B
HR 2202 RH
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 benefits:
‘‘(i) 
EMERGENCY
MEDICAL
SERV-
ICES.—The provision of emergency medical
services (as defined by the Attorney General
in consultation with the Secretary of Health
and Human Services).
‘‘(ii) 
PUBLIC
HEALTH
IMMUNIZA-
TIONS.—Public health assistance for immu-
nizations with respect to immunizable dis-
eases and for testing and treatment for com-
municable 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 enact-
ment of this Act.
(2) In applying section 241(a)(5)(C) of the Immigra-
tion and Nationality Act (which is subsequently redesig-
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nated as section 237(a)(5)(C) of such Act), as amended by
subsection (a), no receipt of benefits under a public assist-
ance program before the effective date described in para-
graph (1) shall be taken into account.
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.—Notwithstanding any other
provision of law, 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 in-
clude—
(1) the income and resources of any individual
who executed an affidavit of support pursuant to sec-
tion 213A of the Immigration and Nationality Act
(as inserted by section 632(a)) in behalf of such alien,
and
(2) the income and resources of the spouse (if
any) of the individual.
(b) PERIOD OF ATTRIBUTION.—
(1) PARENTS
OF
UNITED
STATES
CITIZENS.—
Subsection (a) shall apply with respect to an alien
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who is admitted to the United States as the parent
of a United States citizen under section 203(a)(2) of
the Immigration and Nationality Act, as amended by
section 512(a), until the alien is naturalized as a citi-
zen 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 Na-
tionality 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
of a United States citizen or lawful permanent resi-
dent under section 201(b)(2) of 203(a)(1) of the Im-
migration and Nationality Act until the child attains
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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 employed for a period suffi-
cient to qualify for old age benefits under title II
of the Social Security Act and the alien is able
to prove to the satisfaction of the Attorney Gen-
eral that the alien so qualifies.
(B) The Attorney General shall ensure that
appropriate information pursuant to subpara-
graph (A) is provided to the System for Alien
Verification of Eligibility (SAVE).
(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 indi-
vidual under paragraphs (1) or (2) of subsection (a)
or paragraph (1) shall not apply—
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(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 cru-
elty, 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 member of the spouse
or parent’s family residing in the same house-
hold as the alien when the spouse or parent con-
sented or acquiesced to and the alien did not ac-
tively participate in such battery or cruelty, and
need for the public benefits applied for has a sub-
stantial connection to the battery or cruelty de-
scribed 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 admin-
istrative law judge or a prior determination of
the Service, and that need for such benefits has
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a substantial connection to such battery or cru-
elty.
(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 po-
litical subdivision that offers the program is author-
ized 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.
(2) PERIOD OF ATTRIBUTION.—The period of at-
tribution of a sponsor’s income and resources in de-
termining 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.
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(d) MEANS-TESTED PROGRAM DEFINED.—In this sec-
tion:
(1) The term ‘‘means-tested public benefits pro-
gram’’ means a program of public benefits (including
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 eligi-
bility 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 bene-
fits program’’ means a means-tested public benefits
program of (or contributed to by) the Federal Govern-
ment.
(3) The term ‘‘State means-tested public benefits
program’’ means a means-tested public benefits pro-
gram that is not a Federal means-tested program.
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
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any consular officer to establish that an alien is not inad-
missible 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 spon-
sor by the Federal Government and by any State (or
any political subdivision of such State) that provides
any means-tested public benefits program, 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 pur-
pose 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
under section 203(a)(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 United
States as the spouse of a United States citizen or lawful
permanent resident under section 201(b)(2) or 203(a)(2)
until—
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‘‘(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 United
States as the minor child of a United States citizen or law-
ful 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 em-
ployed for a period sufficient to qualify for old age benefits
under title II of the Social Security Act and the sponsor
or alien is able to prove to the satisfaction of the Attorney
General that the alien so qualifies.
‘‘(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 EXPENSES.—
(1)(A) Upon notification that a sponsored alien has re-
ceived any benefit under any means-tested public benefits
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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 subpara-
graph (A).
‘‘(2) If within 45 days after requesting reimbursement,
the appropriate Federal, State, or local agency has not re-
ceived a response from the sponsor indicating a willingness
to commence payments, an action may be brought against
the sponsor pursuant to the affidavit of support.
‘‘(3) If the sponsor fails to abide by the repayment
terms established by such agency, the agency may, within
60 days of such failure, bring an action against the sponsor
pursuant to the affidavit of support.
‘‘(4) No cause of action may be brought under this sub-
section later than 10 years after the alien last received any
benefit under any means-tested public benefits program.
‘‘(5) If, pursuant to the terms of this subsection, a Fed-
eral, 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 sup-
port, the appropriate agency may appoint or hire an indi-
vidual or other person to act on behalf of such agency acting
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under the authority of law for purposes of collecting any
moneys owed. Nothing in this subsection shall preclude any
appropriate Federal, State, or local agency from directly
requesting reimbursement from a sponsor for the amount
of assistance provided, or from bringing an action against
a sponsor pursuant to an affidavit of support.
‘‘(c) REMEDIES.—Remedies available to enforce an af-
fidavit 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 spe-
cific performance and payment of legal fees and other costs
of collection, and include corresponding remedies available
under State law. A Federal agency may seek to collect
amounts owed under this section in accordance with the
provisions of subchapter II of chapter 37 of title 31, United
States Code.
‘‘(d) NOTIFICATION OF CHANGE OF ADDRESS.—(1)
The sponsor of an alien shall notify the Federal Government
and the State in which the sponsored alien is currently re-
siding within 30 days of any change of address of the spon-
sor 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 sub-
ject to a civil penalty of—
‘‘(A) not less than $250 or more than $2,000, or
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‘‘(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 section—
‘‘(1) SPONSOR.—The term ‘sponsor’ means, with
respect to an alien, an individual who—
‘‘(A) is a citizen or national of the United
States or an alien who is lawfully admitted to
the United States for permanent residence;
‘‘(B) is 18 years of age or over;
‘‘(C) is domiciled in any State;
‘‘(D) demonstrates, through presentation of
a certified copy of a tax return or otherwise, (i)
the means to maintain an annual income equal
to at least 200 percent of the poverty level for the
individual and the individual’s family (includ-
ing the alien and any other aliens with respect
to whom the individual is a sponsor), or (ii) for
an individual 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
accepts joint and several liability with the peti-
tioner).
‘‘(2) FEDERAL POVERTY LINE.—The term ‘Fed-
eral poverty line’ means the income official poverty
line (as defined in section 673(2) of the Community
Services Block Grant Act) that is applicable to a fam-
ily of the size involved.
‘‘(3) MEANS-TESTED
PUBLIC
BENEFITS
PRO-
GRAM.—The term ‘means-tested public benefits pro-
gram’ means a program of public benefits (including
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 eligi-
bility 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.’’.
(b) REQUIREMENT OF AFFIDAVIT OF SUPPORT FROM
EMPLOYMENT SPONSORS.—For requirement for affidavit of
support from individuals who file classification petitions
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for a relative as an employment-based immigrant, 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 evi-
dence 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 who
executed such affidavit, except as provided in sub-
section (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 sub-
ject to extreme cruelty in the United States by
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(e) EFFECTIVE DATE.—Subsection (a) of section 213A
of the Immigration and Nationality Act, as inserted by sub-
section (a) of this section, shall apply to affidavits of sup-
port executed on or after a date specified by the Attorney
General, which date shall be not earlier than 60 days (and
not later than 90 days) after the date the Attorney General
formulates the form for such affidavits under subsection (f)
of this section.
(f) PROMULGATION OF FORM.—Not later than 90 days
after the date of the enactment of this Act, the Attorney
General, in consultation with the Secretary of State and
the Secretary of Health and Human Services, shall promul-
gate a standard form for an affidavit of support consistent
with the provisions of section 213A of the Immigration and
Nationality Act.
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 and Secretary of the Treasury
shall increase, by approximately equal numbers in
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each of the fiscal years 1996 and 1997, the number
of full-time land border inspectors assigned to active
duty by the Immigration and Naturalization Service
and the United States Customs Service to a level ade-
quate to assure full staffing during peak crossing
hours of all border crossing lanes now in use, under
construction, or construction of which has been au-
thorized by Congress.
(2) DEPLOYMENT OF PERSONNEL.—The Attorney
General and the Secretary of the Treasury shall, to
the maximum extent practicable, ensure that the per-
sonnel hired pursuant to this subsection shall be de-
ployed among the various Immigration and Natu-
ralization Service sectors in proportion to the number
of land border crossings measured in each such sector
during the preceding fiscal year.
(b) IMPROVED INFRASTRUCTURE.—
(1) IN GENERAL.—The Attorney General may,
from time to time, in consultation with the Secretary
of the Treasury, identify those physical improvements
to the infrastructure of the international land borders
of the United States necessary to expedite the inspec-
tion of persons and vehicles attempting to lawfully
enter the United States in accordance with existing
policies and procedures of the Immigration and Natu-
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ralization Service, the United States Customs Service,
and the Drug Enforcement 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 Attorney
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 General may
obligate funds for construction of any improvement
otherwise located.
SEC. 702. COMMUTER LANE PILOT PROGRAMS.
(a) MAKING LAND BORDER INSPECTION FEE PERMA-
NENT.—Section 286(q) (8 U.S.C. 1356(q)) is amended—
(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 Related
Agencies Appropriation Act, 1994 (Public Law 103–121,
107 Stat. 1161) is amended by striking the fourth proviso
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under the heading ‘‘Immigration and Naturalization Serv-
ice, 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 PREINSPECTION
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. Such preinspection stations
shall be in addition to any preinspection stations estab-
lished prior to the date of the enactment of this section.
‘‘(2) Not later than November 1, 1995, and each subse-
quent 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,
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‘‘(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 Gen-
eral, in consultation with the Secretary of State, shall estab-
lish preinspection stations in at least 5 additional foreign
airports which the Attorney General, in consultation with
the Secretary of State, determines based on the data com-
piled 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 documentation.
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 sta-
tion 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
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‘‘(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 Sta-
tus 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 PRO-
GRAM.—The Attorney General shall assign additional im-
migration 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 docu-
mentation, but where no preinspection station exists.’’.
(c) CLERICAL AMENDMENT.—The table of contents, as
amended by section 308(a)(2), is further amended by insert-
ing after the item relating to section 235 the following new
item:
‘‘Sec. 235A.
Preinspection at foreign airports.’’.
SEC. 704. TRAINING OF AIRLINE PERSONNEL IN DETECTION
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
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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 pre-
vious sentence.’’.
(b) COMPLIANCE WITH DETECTION REGULATIONS.—
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 comply with regula-
tions of the Attorney General relating to requirements of
airlines for the detection of fraudulent documents used by
passengers traveling to the United States (including the
training of personnel in such detection), the Attorney Gen-
eral may suspend the entry of some or all aliens transported
to the United States by such airline.’’.
(c) EFFECTIVE DATES.—
(1) The amendments made by subsection (a)
shall apply to expenses incurred during or after fiscal
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 Na-
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tionality 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—
(1) by striking ‘‘or’’ at the end of subparagraph
(R),
(2) by striking the period at the end of subpara-
graph (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 an-
other alien who is serving on active duty in the
Armed Forces of the United States during the period
in which the other alien is stationed in the United
States.’’.
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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
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: ‘‘Notwithstanding
any other provision of law, the term applies for all purposes
to convictions entered before, on, or after the date of enact-
ment of the Immigration and Nationality Technical Correc-
tions Act of 1994.’’.
(c) EFFECTIVE DATE.—The amendments made by this
section shall be effective as if included in the enactment of
the Immigration and Nationality Technical Corrections Act
of 1994 (Public Law 103–416).
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SEC. 803. AUTHORITY TO DETERMINE VISA PROCESSING
PROCEDURES.
(a) IN GENERAL.—Section 202(a) (8 U.S.C. 1152(a)),
as amended by section 524(d), is amended—
(1) in paragraph (1), by striking ‘‘paragraph
(2)’’ and inserting ‘‘paragraphs (2) and (6)’’, and
(2) by adding at the end the following new para-
graph:
‘‘(6) CONSTRUCTION.—Nothing in paragraph (1)
shall be construed to limit the authority of the Sec-
retary of State to determine the procedures for the
processing of immigrant visa applications or the loca-
tions where such applications will be processed.’’.
(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 subsection:
‘‘(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 United
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 speci-
fy).’’.
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(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 DE-
NIAL 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:
‘‘(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 ter-
ritory and who are residing in that territory’’.
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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-dependent
employer of more than 1,000 full-time equivalent employees
in the United States may demonstrate that in determining
the wages of H–1B nonimmigrants, it utilizes a compensa-
tion and benefits system that has been previously 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 employees
which ensures salary equity among employees simi-
larly 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 ac-
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cept higher pay, at least equal in value to the benefits,
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 compensa-
tion 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-
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 pre-
vailing wage determinations not made by a State Employ-
ment Security Agency. The Secretary of Labor or the Sec-
retary’s designate must either accept such a non-State Em-
ployment Security Agency wage determination or issue a
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written decision rejecting the determination and detailing
the legitimate reasons that the determination is not accept-
able. If a detailed rejection is not issued within 45 days
of the date of the Secretary’s receipt of such determination,
the determination will be deemed accepted. An employer’s
payment of wages consistent with a prevailing wage deter-
mination not rejected by the Secretary of Labor under this
paragraph shall be deemed to satisfy the requirements of
paragraph (1)(A)(i)(II).’’.
(b) INAPPLICABILITY OF CERTAIN REGULATIONS TO
NON-H–1B-DEPENDENT EMPLOYERS.—
(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 fol-
lowing new subparagraphs:
‘‘(E) In this subsection, the term ‘H–1B-dependent em-
ployer’ 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
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20 percent of the number of such full-time equivalent
employees; or
‘‘(iii)(I) has at least 151 full-time equivalent em-
ployees 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 section
414 of the Internal Revenue Code of 1986 shall be treated
as a single employer. Aliens employed under a petition for
H–1B nonimmigrants shall be treated as employees, 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 satis-
faction of the Secretary of Labor that it has developed
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
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Title VIII, Subtitle A
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‘‘(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).
‘‘(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 applica-
tion for such nonimmigrant; and
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Title VIII, Subtitle A
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‘‘(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 non-
immigrant for an area of employment not listed
in the previous application because the employer
has placed one or more such nonimmigrants in
such a nonlisted area so long as either (I) each
such nonimmigrant is not placed in such
nonlisted areas for a period exceeding 45 work-
days in any 12-month period and not to exceed
90 workdays in any 36-month period, or (II)
each such nonimmigrant’s principal place of em-
ployment 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-
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Title VIII, Subtitle A
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H–1B-DEPENDENT EMPLOYERS.—Section 212(n)(2)(A)
(8 U.S.C. 1182(n)(2)(A)) is amended—
(A) in the second sentence, by inserting be-
fore the period at the end the following: ‘‘, except
that the Secretary may only file such a com-
plaint in the case of an H–1B-dependent em-
ployer (as defined in subparagraph (E)) or when
conducting an annual review of a plan pursuant
to subparagraph (F)(i) if there appears to be a
violation of an attestation or a misrepresenta-
tion of a material fact in an application’’, 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 response to
a complaint filed under the previous sentence.’’.
(c) NO DISPLACEMENT OF AMERICAN WORKERS PER-
MITTED.—(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 begin-
ning 6 months before and ending 90 days following
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 applica-
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Title VIII, Subtitle A
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tion, has laid off or lays off any protected individual
with substantially equivalent qualifications and expe-
rience 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 individuals (or, if greater,
at least 110 percent of the arithmetic 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 individual during such
year other than in accordance with a general com-
pany-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.
807
Title VIII, Subtitle A
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‘‘(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
‘‘(II) does not include any situation in
which the individual involved is offered, as an
alternative to such loss of employment, a similar
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 resi-
dence 
under 
section 
210(a), 
210A(a), 
or
245(a)(1), is admitted as a refugee under section
207, or is granted asylum under section 208.’’.
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Title VIII, Subtitle A
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(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:
‘‘(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 em-
ployer who is a successor in interest) under section
204 or 214(c) for aliens to be employed by the em-
ployer—
‘‘(I) during a period of at least 1 year in
the case of the first determination of a violation
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Title VIII, Subtitle A
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or any subsequent determination of a violation
occurring within 1 year of that first violation or
any subsequent determination of a nonwillful
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 mone-
tary 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 oc-
cupational classification in an area of employment for pur-
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Title VIII, Subtitle A
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poses 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 Higher Edu-
cation Act of 1965), or a related or affiliated nonprofit en-
tity, or (B) a nonprofit scientific research organization, the
prevailing wage level shall only take into account employees
at such institutions and entities in the area of employ-
ment.’’.
(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.
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Title VIII, Subtitle A
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(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.
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)(1) (8 U.S.C. 1255),
as added by section 506(b) of the Department of State and
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Title VIII, Subtitle A
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Related Agencies Appropriations Act, 1995 (Public Law
103–317, 108 Stat. 1765), is amended by striking all that
follows ‘‘equalling’’ through ‘‘application,’’ and inserting
‘‘$2,500’’.
(b) ELIMINATION
OF LIMITATION.—Section 212 (8
U.S.C. 1182) is amended by striking subsection (o).
(c) EFFECTIVE DATE.—The amendments made by this
section shall apply to applications for adjustment of status
filed after September 30, 1996.
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) Ex-
cept as provided in this paragraph, neither’’;
(3) by redesignating the last sentence as sub-
paragraph (D);
(4) by striking the semicolon and inserting a pe-
riod;
(5) by striking ‘‘except that the’’ and inserting
the following:
‘‘(B) The’’;