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(B) is on active duty (other than active
duty for training) in the Armed Forces of the
United States, or
(C) is the spouse or unmarried dependent
child of an individual described in subparagraph
(A) or (B);
(3) the alien is the subject of domestic violence
by the alien’s spouse and a divorce between the alien
and the alien’s spouse has been initiated through the
filing of an appropriate action in an appropriate
court; or
(4) there has been paid with respect to the self-
employment income or employment of the alien, or
of a parent or spouse of the alien, taxes under chap-
ter 2 or chapter 21 of the Internal Revenue Code of
1986 in each of 20 different calendar quarters.
(c) HOLD HARMLESS FOR MEDICAID ELIGIBILITY.—
Subsection (a) shall not apply with respect to determina-
tions of eligibility for benefits under a State plan approved
under part A of title IV of the Social Security Act or under
the supplemental income security program under title XVI
of such Act but only insofar as such determinations pro-
vide for eligibility for medical assistance under title XIX
of such Act.
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(d) EXECPTION FOR ALIENS RECEIVING BENEFIT.—
Subsection (a) shall not apply with respect to determina-
tions of eligibility for a benefit for an alien receiving such
a benefit on the date of the enactment of the Common
Sense Budget Act of 1996 who otherwise continues to be
eligible for and continues to receive such benefit after such
date.
(e) RULES REGARDING INCOME
AND RESOURCE
DEEMING UNDER TEA PROGRAM.—Subpart 1 of part A
of title IV of the Social Security Act, as added by section
9101(a) of this Act, is amended by adding at the end the
following:
‘‘SEC. 407. ATTRIBUTION OF SPONSOR’S INCOME AND RE-
SOURCES TO ALIEN.
‘‘(a) For purposes of determining eligibility for and
the amount of assistance under a State plan approved
under this part for an individual who is an alien lawfully
admitted for permanent residence or otherwise perma-
nently residing in the United States under color of law
(including any alien who is lawfully present in the United
States as a result of the application of the provisions of
section 207(c) of the Immigration and Nationality Act (or
of section 203(a)(7) of such Act prior to April 1, 1980),
or as a result of the application of the provisions of section
208 or 212(d)(5) of such Act), the income and resources
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of any person who (as a sponsor of such individual’s entry
into the United States) executed an affidavit of support
or similar agreement with respect to such individual, and
the income and resources of the sponsor’s spouse, shall
be deemed to be the unearned income and resources of
such individual (in accordance with subsections (b) and
(c)) for a period of three years after the individual’s entry
into the United States, except that this section is not ap-
plicable if such individual is a dependent child and such
sponsor (or such sponsor’s spouse) is the parent of such
child.
‘‘(b)(1) The amount of income of a sponsor (and his
spouse) which shall be deemed to be the unearned income
of an alien for any month shall be determined as follows:
‘‘(A) the total amount of earned and unearned
income of such sponsor and such sponsor’s spouse
(if such spouse is living with the sponsor) shall be
determined for such month;
‘‘(B) the amount determined under subpara-
graph (A) shall be reduced by an amount equal to
the sum of—
‘‘(i) the lesser of (I) 20 percent of the total
of any amounts received by the sponsor and his
spouse in such month as wages or salary or as
net earnings from self-employment, plus the full
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amount of any costs incurred by them in pro-
ducing self-employment income in such month,
or (II) $175;
‘‘(ii) the cash needs standard established
by the State under its plan for a family of the
same size and composition as the sponsor and
those other individuals living in the same house-
hold as the sponsor who are claimed by him as
dependents for purposes of determining his
Federal personal income tax liability but whose
needs are not taken into account in making a
determination under section 402(d);
‘‘(iii) any amounts paid by the sponsor (or
his spouse) to individuals not living in such
household who are claimed by him as depend-
ents for purposes of determining his Federal
personal income tax liability; and
‘‘(iv) any payments of alimony or child
support with respect to individuals not living in
such household.
‘‘(2) The amount of resources of a sponsor (and his
spouse) which shall be deemed to be the resources of an
alien for any month shall be determined as follows:
‘‘(A) the total amount of the resources (deter-
mined as if the sponsor were applying for assistance
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under the State plan approved under this part) of
such sponsor and such sponsor’s spouse (if such
spouse is living with the sponsor) shall be deter-
mined; and
‘‘(B) the amount determined under subpara-
graph (A) shall be reduced by $1,500.
‘‘(c)(1) Any individual who is an alien and whose
sponsor was a public or private agency shall be ineligible
for assistance under a State plan approved under this part
during the period of three years after his or her entry into
the United States, unless the State agency administering
such plan determines that such sponsor either no longer
exists or has become unable to meet such individual’s
needs; and such determination shall be made by the State
agency based upon such criteria as it may specify in the
State plan, and upon such documentary evidence as it may
therein require. Any such individual, and any other indi-
vidual who is an alien (as a condition of his or her eligi-
bility for assistance under a State plan approved under
this part during the period of three years after his or her
entry into the United States), shall be required to provide
to the State agency administering such plan such informa-
tion and documentation with respect to his sponsor as may
be necessary in order for the State agency to make any
determination required under this section, and to obtain
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any cooperation from such sponsor necessary for any such
determination. Such alien shall also be required to provide
to the State agency such information and documentation
as it may request and which such alien or his sponsor pro-
vided in support of such alien’s immigration application.
‘‘(2) The Secretary shall enter into agreements with
the Secretary of State and the Attorney General whereby
any information available to them and required in order
to make any determination under this section will be pro-
vided by them to the Secretary (who may, in turn, make
such information available, upon request, to a concerned
State agency), and whereby the Secretary of State and
Attorney General will inform any sponsor of an alien, at
the time such sponsor executes an affidavit of support or
similar agreement, of the requirements imposed by this
section.
‘‘(d) Any sponsor of an alien, and such alien, shall
be jointly and severally liable for an amount equal to any
overpayment of assistance under the State plan made to
such alien during the period of three years after such
alien’s entry into the United States, on account of such
sponsor’s failure to provide correct information under the
provisions of this section, except where such sponsor was
without fault, or where good cause of such failure existed.
Any such overpayment which is not repaid to the State
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or recovered in accordance with the procedures generally
applicable under the State plan to the recoupment of over-
payments shall be withheld from any subsequent payment
to which such alien or such sponsor is entitled under any
provision of this Act.
‘‘(e)(1) In any case where a person is the sponsor
of two or more alien individuals who are living in the same
home, the income and resources of such sponsor (and his
spouse), to the extent they would be deemed the income
and resources of any one of such individuals under the
preceding provisions of this section, shall be divided into
two or more equal shares (the number of shares being the
same as the number of such alien individuals) and the in-
come and resources of each such individual shall be
deemed to include one such share.
‘‘(2) Income and resources of a sponsor (and his
spouse) which are deemed under this section to be the in-
come and resources of any alien individual in a family
shall not be considered in determining the need of other
family members except to the extent such income or re-
sources are actually available to such other members.
‘‘(f) The provisions of this section shall not apply
with respect to any alien who is—
‘‘(1) admitted to the United States as a result
of the application, prior to April 1, 1980, of the pro-
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‘‘(3) NONAPPLICATION DURING CERTAIN PERI-
ODS.—Such contract also shall not apply with re-
spect to cash benefits described in paragraph (1)(A)
provided during any period in which the alien is de-
scribed in section 9801(b)(2)(B) or 9801(b)(2)(C) of
the Omnibus Budget Reconciliation Act of 1995.
‘‘(b) FORMS.—Not later than 90 days after the date
of enactment of this section, the Attorney General, in con-
sultation with the Secretary of State and the Secretary
of Health and Human Services, shall formulate an affida-
vit of support consistent with the provisions of this sec-
tion.
‘‘(c) NOTIFICATION OF CHANGE OF ADDRESS.—
‘‘(1) REQUIREMENT.—The sponsor shall notify
the Federal Government and the State in which the
sponsored alien is currently resident within 30 days
of any change of address of the sponsor during the
period specified in subsection (a)(1)(A).
‘‘(2) ENFORCEMENT.—Any person subject to
the requirement of paragraph (1) who fails to satisfy
such requirement shall be subject to a civil penalty
of—
‘‘(A) not less than $250 or more than
$2,000, or
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‘‘(B) if such failure occurs with knowledge
that the sponsored alien has received any bene-
fit under any means-tested public benefits pro-
gram, not less than $2,000 or more than
$5,000.
‘‘(d) 
REIMBURSEMENT
OF
GOVERNMENT
EX-
PENSES.—
‘‘(1) REQUEST FOR REIMBURSEMENT.—
‘‘(A) IN GENERAL.—Upon notification that
a sponsored alien has received any cash benefits
described in subsection (a)(1)(A), the appro-
priate Federal, State, or local official shall re-
quest reimbursement by the sponsor in the
amount of such cash benefits.
‘‘(B) REGULATIONS.—The Attorney Gen-
eral, in consultation with the Secretary of
Health and Human Services, shall prescribe
such regulations as may be necessary to carry
out subparagraph (A).
‘‘(2) INITIATION OF ACTION.—If within 45 days
after requesting reimbursement, the appropriate
Federal, State, or local agency has not received a re-
sponse from the sponsor indicating a willingness to
commence payments, an action may be brought
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against the sponsor pursuant to the affidavit of sup-
port.
‘‘(3) FAILURE
TO
ABIDE
BY
REPAYMENT
TERMS.—If the sponsor fails to abide by the repay-
ment 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 sup-
port.
‘‘(4) LIMITATION
ON
ACTIONS.—No cause of
action may be brought under this subsection later
than 5 years after the date the alien last received
any cash benefit described in subsection (a)(1)(A).
‘‘(f) DEFINITIONS.—For the purposes of this section:
‘‘(1) SPONSOR.—The term ‘sponsor’ means 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; and
‘‘(C) is domiciled in any State.
‘‘(2) PUBLIC
CASH
ASSISTANCE
PROGRAM.—
The term ‘public cash assistance program’ means a
program of the Federal Government or of a State or
political subdivision of a State that provides direct
cash assistance for the purpose of income mainte-
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nance and in which the eligibility of an individual,
household, or family eligibility unit for cash benefits
under the program, or the amount of such cash ben-
efits, or both are determined on the basis of income,
resources, or financial need of the individual, house-
hold, or unit. Such term does not include any pro-
gram insofar as it provides medical, housing, edu-
cation, job training, food, or in-kind assistance or
social services.’’.
(b) CLERICAL AMENDMENT.—The table of contents
of such Act is amended by inserting after the item relating
to section 213 the following:
‘‘Sec. 213A. Requirements for sponsor’s affidavit of support.’’.
(c) EFFECTIVE DATE.—Subsection (a) of section
213A of the Immigration and Nationality Act, as inserted
by subsection (a) of this section, shall apply to affidavits
of support executed on or after a date specified by the
Attorney General, which date shall be not earlier than 60
days (and not later than 90 days) after the date the Attor-
ney General formulates the form for such affidavits under
subsection (b) of such section 213A.
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SEC. 9803. EXTENDING REQUIREMENT FOR AFFIDAVITS OF
SUPPORT TO FAMILY-RELATED AND DIVER-
SITY IMMIGRANTS.
(a) IN GENERAL.—Section 212(a)(4) of the Immi-
gration and Nationality Act (8 U.S.C. 1182(a)(4)) is
amended to read as follows:
‘‘(4) PUBLIC CHARGE AND AFFIDAVITS OF SUP-
PORT.—
‘‘(A) PUBLIC CHARGE.—Any alien who, in
the opinion of the consular officer at the time
of application for a visa, or in the opinion of
the Attorney General at the time of application
for admission or adjustment of status, is likely
at any time to become a public charge is exclud-
able.
‘‘(B) AFFIDAVITS OF SUPPORT.—Any im-
migrant who seeks admission or adjustment of
status as any of the following is excludable un-
less there has been executed with respect to the
immigrant an affidavit of support pursuant to
section 213A:
‘‘(i) As an immediate relative (under
section 201(b)(2)).
‘‘(ii) As a family-sponsored immigrant
under section 203(a) (or as the spouse or
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child under section 203(d) of such an im-
migrant).
‘‘(iii) As the spouse or child (under
section 203(d)) of an employment-based
immigrant under section 203(b).
‘‘(iv) As a diversity immigrant under
section 203(c) (or as the spouse or child
under section 203(d) of such an immi-
grant).’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply to aliens with respect to whom
an immigrant visa is issued (or adjustment of status is
granted) after the date specified by the Attorney General
under section 9802(c)
SEC. 6102. REDUCTION IN TITLE XX BLOCK GRANTS TO
STATES FOR SOCIAL SERVICES.
Section 2003(c) of the Social Security Act (42 U.S.C.
1397b(c)) is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(4);
(2) in paragraph (5), by striking ‘‘fiscal year
after fiscal year 1989.’’ and inserting ‘‘of fiscal
years 1990 through 1995; and’’; and
(3) by adding at the end the following: