185
Title III, Subtitle B
of the initial publication of the terror-
ist organization designation by the
Secretary of State. At the end of such
period (but no sooner than 60 days
prior to the termination of the 2-year-
designation period), the Secretary of
State, in consultation with the Attor-
ney General, may redesignate the or-
ganization in conformity with the re-
quirements of this clause for designa-
tion of the organization.
‘‘(VI) REMOVAL
AUTHORITY.—
The Secretary of State, in consulta-
tion with the Attorney General, may
remove the terrorist organization des-
ignation from any organization pre-
viously designated as such an organi-
zation, at any time, so long as the
Secretary publishes notice of the re-
moval in the Federal Register. The
Secretary is not required to report to
Congress prior to taking such an ac-
tion.
‘‘(v) REPRESENTATIVE DEFINED.—In
this subparagraph, the term ‘representa-
186
Title III, Subtitle B
tive’ includes an officer, official, or spokes-
man of the organization and any person
who directs, counsels, commands or in-
duces the organization or its members to
engage in terrorist activity.’’.
(b) EFFECTIVE DATE.—The amendments made by
this section shall take effect on the date of the enactment
of this Act.
SEC. 332. DENIAL OF ASYLUM TO ALIEN TERRORISTS.
(a) IN
GENERAL.—Section 208(a) (8 U.S.C.
1158(a)) is amended by adding at the end the following:
‘‘The Attorney General may not grant an alien asylum if
the Attorney General determines that the alien is inadmis-
sible under subclause (I), (II), or (III) of section
212(a)(3)(B)(i) 
or 
deportable 
under 
section
241(a)(4)(B).’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect on the date of the enact-
ment of this Act and apply to asylum determinations made
on or after such date.
SEC. 333. DENIAL OF OTHER RELIEF FOR ALIEN TERROR-
ISTS.
(a) 
WITHHOLDING
OF
DEPORTATION.—Section
243(h)(2) (8 U.S.C. 1253(h)(2)) is amended by adding
at the end the following new sentence: ‘‘For purposes of
187
Title III, Subtitle B
subparagraph (D), an alien who is described in section
241(a)(4)(B) shall be considered to be an alien with re-
spect to whom there are reasonable grounds for regarding
as a danger to the security of the United States.’’.
(b) SUSPENSION OF DEPORTATION.—Section 244(a)
of such Act (8 U.S.C. 1254(a)) is amended by striking
‘‘section 241(a)(4)(D)’’ and inserting ‘‘subparagraph (B)
or (D) of section 241(a)(4)’’.
(c) VOLUNTARY DEPARTURE.—Section 244(e)(2) of
such Act (8 U.S.C. 1254(e)(2)) is amended by inserting
‘‘under section 241(a)(4)(B) or’’ after ‘‘who is deport-
able’’.
(d) ADJUSTMENT
OF STATUS.—Section 245(c) of
such Act (8 U.S.C. 1255(c)) is amended—
(1) by striking ‘‘or’’ before ‘‘(5)’’, and
(2) by inserting before the period at the end the
following: ‘‘, or (6) an alien who is deportable under
section 241(a)(4)(B)’’.
(e) REGISTRY.—Section 249(d) of such Act (8 U.S.C.
1259(d)) is amended by inserting ‘‘and is not deportable
under section 241(a)(4)(B)’’ after ‘‘ineligible to citizen-
ship’’.
(f) EFFECTIVE DATE.—(1) The amendments made
by this section shall take effect on the date of the enact-
ment of this Act and shall apply to applications filed be-
188
Title III, Subtitle C
fore, on, or after such date if final action has not been
taken on them before such date.
(2) The amendments made by subsections (a)
through (c) are subsequently superseded by the amend-
ments made by subtitle A.
Subtitle 
C—Deterring 
Transpor-
tation of Unlawful Aliens to the
United States
SEC. 341. DEFINITION OF STOWAWAY.
(a) STOWAWAY DEFINED.—Section 101(a) (8 U.S.C.
1101(a)) is amended by adding the following new para-
graph:
‘‘(47) The term ‘stowaway’ means any alien
who obtains transportation without the consent of
the owner, charterer, master or person in command
of any vessel or aircraft through either concealment
on board such vessel or aircraft or evasion of that
carrier’s standard boarding procedures.’’
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect on the date of the enact-
ment of this Act.
SEC. 342. LIST OF ALIEN AND CITIZEN PASSENGERS ARRIV-
ING.
(a) IN
GENERAL.—Section 231(a) (8 U.S.C.
1221(a)) is amended—
189
Title III, Subtitle C
(1) by amending the first sentence to read as
follows: ‘‘In connection with the arrival of any per-
son by water or by air at any port within the United
States from any place outside the United States, it
shall be the duty of the master or commanding offi-
cer, or authorized agent, owner, or consignee of the
vessel or aircraft, having such person on board to
deliver to the immigration officers at the port of ar-
rival, or other place designated by the Attorney Gen-
eral, electronic, typewritten or printed lists or mani-
fests of the persons on board such vessel or air-
craft.’’;
(2) in the second sentence, by striking ‘‘shall be
prepared’’ and inserting ‘‘shall be prepared and sub-
mitted’’; and
(3) by inserting after the second sentence the
following sentence: ‘‘Such lists or manifests shall
contain, but not be limited to, for each person trans-
ported, the person’s full name, date of birth, gender,
citizenship, travel document number (if applicable)
and arriving flight number.’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall apply to vessels or aircraft arriving
at ports of entry on or after such date (not later than
192
Title III, Subtitle D
tion of guilt has been withheld, where all of the fol-
lowing elements are present:
‘‘(A) A judge or jury has found the alien
guilty or the alien has entered a plea of guilty
or nolo contendere or has admitted sufficient
facts to warrant a finding of guilt.
‘‘(B) The judge has ordered some form of
punishment, penalty, or restraint on the alien’s
liberty to be imposed.
‘‘(C) A judgment or adjudication of guilt
may be entered if the alien violates the terms
of the probation or fails to comply with the re-
quirements of the court’s order, without avail-
ability of further proceedings regarding the
alien’s guilt or innocence of the original
charge.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply to convictions entered before,
on, or after the date of the enactment of this Act.
SEC. 352. USE OF TERM ‘‘IMMIGRATION JUDGE’’.
(a) DEFINITION OF TERM.—Paragraph (4) of section
101(b) (8 U.S.C. 1101(b)) is amended to read as follows:
‘‘(4) The term ‘immigration judge’ means an attorney
whom the Attorney General deems specially qualified to
conduct specified classes of proceedings, including a hear-
193
Title III, Subtitle D
ing under section 240. An immigration judge shall be sub-
ject to such supervision and shall perform such duties as
the Attorney General shall prescribe, but shall not be em-
ployed by the Immigration and Naturalization Service.’’.
(b) SUBSTITUTION FOR TERM ‘‘SPECIAL INQUIRY
OFFICER’’.—The Immigration and Nationality Act is
amended by striking ‘‘special inquiry officer’’ and ‘‘special
inquiry officers’’ and inserting ‘‘immigration judge’’ and
‘‘immigration judges’’, respectively, each place it appears
in the following sections:
(1) Section 106(a)(2) (8 U.S.C. 1105a(a)(2)).
(2) Section 209(a)(2) (8 U.S.C. 1159(a)(2)).
(3) Section 234 (8 U.S.C. 1224).
(4) Section 235 (8 U.S.C. 1225).
(5) Section 236 (8 U.S.C. 1226).
(6) Section 242(b) (8 U.S.C. 1252(b)).
(7) Section 242(d)(1) (8 U.S.C. 1252(d)(1)).
(8) Section 273(d) (8 U.S.C. 1323(d)).
(9) Section 292 (8 U.S.C. 1362).
(c) EFFECTIVE DATE.—The amendments made by
this section shall take effect on the date of the enactment
of this Act.
194
Title III, Subtitle D
SEC. 353. RESCISSION OF LAWFUL PERMANENT RESIDENT
STATUS.
(a) IN
GENERAL.—Section 246(a) (8 U.S.C.
1256(a)) is amended by adding at the end the following
sentence: ‘‘Nothing in this subsection shall require the At-
torney General to rescind the alien’s status prior to com-
mencement of procedures to remove the alien under sec-
tion 240, and an order of removal issued by an immigra-
tion judge shall be sufficient to rescind the alien’s sta-
tus.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect on the title III–A effective
date (as defined in section 309(a)).
SEC. 354. CIVIL PENALTIES FOR FAILURE TO DEPART.
(a) IN GENERAL.—The Immigration and Nationality
Act is amended by inserting after section 274C the follow-
ing new section:
‘‘CIVIL PENALTIES FOR FAILURE TO DEPART
‘‘SEC. 274D. (a) IN GENERAL.—Any alien subject to
a final order of removal who—
‘‘(1) willfully fails or refuses to—
‘‘(A) depart from the United States pursu-
ant to the order,
‘‘(B) make timely application in good faith
for travel or other documents necessary for de-
parture, or
195
Title III, Subtitle D
‘‘(C) present for removal at the time and
place required by the Attorney General; or
‘‘(2) conspires to or takes any action designed
to prevent or hamper the alien’s departure pursuant
to the order,
shall pay a civil penalty of not more $500 to the Commis-
sioner for each day the alien is in violation of this section.
‘‘(b) CONSTRUCTION.—Nothing in this section shall
be construed to diminish or qualify any penalties to which
an alien may be subject for activities proscribed by section
243(a) or any other section of this Act.’’.
(b) CLERICAL AMENDMENT.—The table of contents
of such Act is amended by inserting after the item relating
to section 274C the following new item:
‘‘Sec. 274D. Civil penalties for failure to depart.’’.
(c) EFFECTIVE DATE.—The amendments made by
subsection (a) shall apply to actions occurring on or after
title III–A effective date (as defined in section 309(a)).
SEC. 355. CLARIFICATION OF DISTRICT COURT JURISDIC-
TION.
(a) IN GENERAL.—Section 279 (8 U.S.C. 1329) is
amended—
(1) by amending the first sentence to read as
follows: ‘‘The district courts of the United States
shall have jurisdiction of all causes, civil and crimi-
196
Title III, Subtitle D
nal, brought by the United States that arise under
the provisions of this title.’’, and
(2) by adding at the end the following new sen-
tence: ‘‘Nothing in this section shall be construed as
providing jurisdiction for suits against the United
States or its agencies or officers.’’
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall apply to actions filed after the date
of the enactment of this Act.
SEC. 356. USE OF RETIRED FEDERAL EMPLOYEES FOR IN-
STITUTIONAL HEARING PROGRAM.
(a) AUTHORIZATION OF TEMPORARY EMPLOYMENT
OF CERTAIN ANNUITANTS AND RETIREES.—For the pur-
pose of performing duties in connection with supporting
the enhanced Institutional Hearing Program, 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 reason of separation from service on or before
January 1, 1995, are receiving—
(1) annuities under the provisions of subchapter
III of chapter 83 of title 5, United States Code, or
chapter 84 of such title;
(2) annuities under any other retirement system
for employees of the Federal Government; or
197
Title III, Subtitle D
(3) retired or retainer pay as retired officers of
regular components of the uniformed services.
(b) NO REDUCTION IN ANNUITY OR RETIREMENT
PAY OR REDETERMINATION OF PAY DURING TEMPORARY
EMPLOYMENT.—
(1) RETIREES UNDER CIVIL SERVICE RETIRE-
MENT SYSTEM AND FEDERAL EMPLOYEES’ RETIRE-
MENT SYSTEM.—In the case of an individual em-
ployed under subsection (a) who is receiving an an-
nuity described in subsection (a)(1)—
(A) such individual’s annuity shall con-
tinue during the employment under subsection
(a) and shall not be increased as a result of
service performed during that employment;
(B) retirement deductions shall not be
withheld from such individual’s pay; and
(C) such individual’s pay shall not be sub-
ject to any deduction based on the portion of
such individual’s annuity which is allocable to
the period of employment.
(2) OTHER
FEDERAL
RETIREES.—The Presi-
dent shall apply the provisions of paragraph (1) to
individuals who are receiving an annuity described in
subsection (a)(2) and who are employed under sub-
section (a) in the same manner and to the same ex-
198
Title III, Subtitle D
tent as such provisions apply to individuals who are
receiving an annuity described in subsection (a)(1)
and who are employed under subsection (a).
(3) RETIRED
OFFICERS
OF
THE
UNIFORM
SERVICES.—The retired or retainer pay of a retired
officer of a regular component of a uniformed serv-
ice shall not be reduced under section 5532 of title
5, United States Code, by reason of temporary em-
ployment authorized under subsection (a).
SEC. 357. ENHANCED PENALTIES FOR FAILURE TO DEPART,
ILLEGAL REENTRY, AND PASSPORT AND VISA
FRAUD.
(a) FAILING TO DEPART.—The United States Sen-
tencing Commission shall promptly promulgate, pursuant
to section 994 of title 28, United States Code, amend-
ments to the sentencing guidelines to make appropriate
increases in the base offense level for offenses under sec-
tion 242(e) and 276(b) of the Immigration and National-
ity Act (8 U.S.C. 1252(e) and 1326(b)) to reflect the
amendments made by section 130001 of the Violent Crime
Control and Law Enforcement Act of 1994.
(b) PASSPORT AND VISA OFFENSES.—The United
States Sentencing Commission shall promptly promulgate,
pursuant to section 994 of title 28, United States Code,
amendments to the sentencing guidelines to make appro-
199
Title III, Subtitle D
priate increases in the base offense level for offenses under
chapter 75 of title 18, United States Code to reflect the
amendments made by section 130009 of the Violent Crime
Control and Law Enforcement Act of 1994.
SEC. 358. AUTHORIZATION OF ADDITIONAL FUNDS FOR RE-
MOVAL OF ALIENS.
In addition to the amounts otherwise authorized to
be appropriated for each fiscal year beginning with fiscal
year 1996, there are authorized to be appropriated to the
Attorney General $150,000,000 for costs associated with
the removal of inadmissible or deportable aliens, including
costs of detention of such aliens pending their removal,
the hiring of more investigators, and the hiring of more
detention and deportation officers.
SEC. 359. APPLICATION OF ADDITIONAL CIVIL PENALTIES
TO ENFORCEMENT.
(a) IN GENERAL.—Subsection (b) of section 280 (8
U.S.C. 1330(b)) is amended to read as follows:
‘‘(b)(1) There is established in the general fund of
the Treasury a separate account which shall be known as
the ‘Immigration Enforcement Account’. Notwithstanding
any other section of this title, there shall be deposited as
offsetting receipts into the Immigration Enforcement Ac-
count amounts described in paragraph (2) to remain avail-
able until expended.
200
Title III, Subtitle D
‘‘(2) The amounts described in this paragraph are the
following:
‘‘(A) The increase in penalties collected result-
ing from the amendments made by sections 203(b)
and 543(a) of the Immigration Act of 1990.
‘‘(B) Civil penalties collected under sections
240B(d), 274C, 274D, and 275(b).
‘‘(3)(A) The Secretary of the Treasury shall refund
out of the Immigration Enforcement Account to any ap-
propriation the amount paid out of such appropriation for
expenses incurred by the Attorney General for activities
that enhance enforcement of provisions of this title, in-
cluding—
‘‘(i) the identification, investigation, apprehen-
sion, detention, and removal of criminal aliens;
‘‘(ii) the maintenance and updating of a system
to identify and track criminal aliens, deportable
aliens, inadmissible aliens, and aliens illegally enter-
ing the United States; and
‘‘(iii) for the repair, maintenance, or construc-
tion on the United States border, in areas experienc-
ing high levels of apprehensions of illegal aliens, of
structures to deter illegal entry into the United
States.
201
Title IV
‘‘(B) The amounts which are required to be refunded
under subparagraph (A) shall be refunded at least quar-
terly on the basis of estimates made by the Attorney Gen-
eral of the expenses referred to in subparagraph (A).
Proper adjustments shall be made in the amounts subse-
quently refunded under subparagraph (A) to the extent
prior estimates were in excess of, or less than, the amount
required to be refunded under subparagraph (A).’’.
(b) IMMIGRATION USER FEE ACCOUNT.—Section
286(h)(1)(B) (8 U.S.C. 1356(h)(1)(B)) is amended by
striking ‘‘271’’ and inserting ‘‘243(c), 271,’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply to fines and penalties collected on
or after the date of the enactment of this Act.
TITLE 
IV—ENFORCEMENT 
OF
RESTRICTIONS AGAINST EM-
PLOYMENT
TABLE OF CONTENTS OF TITLE
Sec. 401. Strengthened enforcement of the employer sanctions provisions.
Sec. 402. Strengthened enforcement of wage and hour laws.
Sec. 403. Changes in the employer sanctions program.
Sec. 404. Reports on earnings of aliens not authorized to work.
Sec. 405. Authorizing maintenance of certain information on aliens.
SEC. 401. STRENGTHENED ENFORCEMENT OF THE EM-
PLOYER SANCTIONS PROVISIONS.
(a) IN GENERAL.—The number of full-time equiva-
lent positions in the Investigations Division within the Im-
migration and Naturalization Service of the Department
202
Title IV
of Justice beginning in fiscal year 1996 shall be increased
by 350 positions above the number of full-time equivalent
positions available to such Division as of September 30,
1994.
(b) ASSIGNMENT.—Individuals employed to fill the
additional positions described in subsection (a) shall be as-
signed to investigate violations of the employer sanctions
provisions contained in section 274A of the Immigration
and Nationality Act, including investigating reports of vio-
lations received from officers of the Employment Stand-
ards Administration of the Department of Labor.
SEC. 402. STRENGTHENED ENFORCEMENT OF WAGE AND
HOUR LAWS.
(a) IN GENERAL.—The number of full-time equiva-
lent positions in the Wage and Hour Division with the
Employment Standards Administration of the Department
of Labor beginning in fiscal year 1996 shall be increased
by 150 positions above the number of full-time equivalent
positions available to the Wage and Hour Division as of
September 30, 1994.
(b) ASSIGNMENT.—Individuals employed to fill the
additional positions described in subsection (a) shall be as-
signed to investigate violations of wage and hour laws in
areas where the Attorney General has notified the Sec-
203
Title IV
retary of Labor that there are high concentrations of un-
documented aliens.
SEC. 403. CHANGES IN THE EMPLOYER SANCTIONS PRO-
GRAM.
(a) REDUCING THE NUMBER OF DOCUMENTS AC-
CEPTED
FOR
EMPLOYMENT
VERIFICATION.—Section
274A(b) (8 U.S.C. 1324a(b)) is amended—
(1) in paragraph (1)(B)—
(A) by adding ‘‘or’’ at the end of clause (i),
(B) by striking clauses (ii) through (iv),
and
(C) in clause (v), by striking ‘‘or other
alien registration card, if the card’’ and insert-
ing ‘‘, alien registration card, or other docu-
ment designated by regulation by the Attorney
General, if the document’’ and redesignating
such clause as clause (ii);
(2) by amending subparagraph (C) of para-
graph (1) to read as follows:
‘‘(C) SOCIAL SECURITY ACCOUNT NUMBER
CARD AS EVIDENCE OF EMPLOYMENT AUTHOR-
IZATION.—A document described in this sub-
paragraph is an individual’s social security ac-
count number card (other than such a card
which specifies on the face that the issuance of
204
Title IV
the card does not authorize employment in the
United States).’’; and
(3) by amending paragraph (2) to read as fol-
lows:
‘‘(2) INDIVIDUAL
ATTESTATION
OF
EMPLOY-
MENT AUTHORIZATION AND PROVISION OF SOCIAL
SECURITY
ACCOUNT
NUMBER.—The 
individual
must—
‘‘(A) attest, under penalty of perjury on
the form designated or established for purposes
of paragraph (1), that the individual is a citizen
or national of the United States, an alien law-
fully admitted for permanent residence, or an
alien who is authorized under this Act or by the
Attorney General to be hired, recruited, or re-
ferred for such employment; and
‘‘(B) provide on such form the individual’s
social security account number.’’.
(b) 
EMPLOYMENT
ELIGIBILITY
CONFIRMATION
PROCESS.—Section 274A (8 U.S.C. 1324a) is amended—
(1) in subsection (a)(3), by inserting ‘‘(A)’’
after ‘‘DEFENSE.—’’, and by adding at the end the
following:
‘‘(B) FAILURE
TO
SEEK
AND
OBTAIN
CON-
FIRMATION.—In the case of a hiring of an individual
205
Title IV
for employment in the United States, if such a per-
son or entity—
‘‘(i) has not made an inquiry, under the
mechanism established under subsection (b)(6),
seeking confirmation of the identity, social secu-
rity number, and work eligibility of the individ-
ual, by not later than the end of 2 working days
(as specified by the Attorney General) after the
date of the hiring, the defense under subpara-
graph (A) shall not be considered to apply with
respect to any employment after such 2 working
days, and
‘‘(ii) has made the inquiry described in
clause (i) but has not received an appropriate
confirmation of such identity, number, and
work eligibility under such mechanism within
the 
time 
period 
specified 
in 
subsection
(b)(6)(D)(iii) after the time the confirmation
inquiry was received, the defense under sub-
paragraph (A) shall not be considered to apply
with respect to any employment after the end of
such time period.’’;
(2) by amending paragraph (3) of subsection
(b) to read as follows:
206
Title IV
‘‘(3) RETENTION OF VERIFICATION FORM AND
CONFIRMATION.—After completion of such form in
accordance with paragraphs (1) and (2), the person
or entity must—
‘‘(A) retain the form and make it available
for inspection by officers of the Service, the
Special Counsel for Immigration-Related Unfair
Employment Practices, or the Department of
Labor during a period beginning on the date of
the hiring, recruiting, or referral of the individ-
ual and ending—
‘‘(i) in the case of the recruiting or re-
ferral for a fee (without hiring) of an indi-
vidual, three years after the date of the re-
cruiting or referral, and
‘‘(ii) in the case of the hiring of an in-
dividual—
‘‘(I) three years after the date of
such hiring, or
‘‘(II) one year after the date the
individual’s employment is terminated,
whichever is later; and
‘‘(B) for individuals hired on or after Octo-
ber 1, 1998, seek (within 2 working days of the
date of hiring) and have (within the time period
207
Title IV
specified in paragraph (6)(D)(iii)) the identity,
social security number, and work eligibility of
the individual confirmed in accordance with the
procedures established under paragraph (6).’’;
and
(3) by adding at the end of subsection (b) the
following new paragraph:
‘‘(6) EMPLOYMENT ELIGIBILITY CONFIRMATION
PROCESS.—
‘‘(A) IN GENERAL.—The Attorney General
shall 
establish 
a 
confirmation 
mechanism
through which the Attorney General (or a des-
ignee of the Attorney General)—
‘‘(i) responds to inquiries by employ-
ers, made through a toll-free telephone line
or other electronic media in the form of an
appropriate confirmation code or other-
wise, on whether an individual is author-
ized to be employed by that employer, and
‘‘(ii) maintains a record that the such
an inquiry was made and the confirmation
provided (or not provided).
‘‘(B) EXPEDITED PROCEDURE IN CASE OF
NO
CONFIRMATION.—In connection with sub-
paragraph (A), the Attorney General shall es-
208
Title IV
tablish, in consultation with the Commissioner
of Social Security and the Commissioner of the
Service, expedited procedures that shall be used
to confirm the validity of information used
under confirmation mechanism in cases in
which the confirmation is sought but is not pro-
vided through the confirmation mechanism.
‘‘(C) DESIGN AND OPERATION OF MECHA-
NISM.—The confirmation mechanism shall be
designed and operated to maximize—
‘‘(i) the reliability of the confirmation
process, and
‘‘(ii) the ease of use by employers, re-
cruiters, and referrers,
consistent with insulating and protecting the
privacy and security of the underlying informa-
tion.
‘‘(D) CONFIRMATION
PROCESS.—(i) As
part of the confirmation mechanism, the Com-
missioner of Social Security shall establish a re-
liable, secure method, which within the time pe-
riod specified in clause (iii), compares the name
and social security account number provided
against such information maintained by the
Commissioner in order to confirm (or not con-
209
Title IV
firm) the validity of the information provided
and whether the account number indicates that
the individual is authorized to be employed in
the United States. The Commissioner shall not
disclose or release social security information.
‘‘(ii) As part of the confirmation mecha-
nism, the Commissioner of the Service shall es-
tablish a reliable, secure method, which, within
the time period specified in clause (iii), com-
pares the name and alien identification number
(if any) provided against such information
maintained by the Commissioner in order to
confirm (or not confirm) the validity of the in-
formation provided and whether the alien is au-
thorized to be employed in the United States.
‘‘(iii) For purposes of this section, the At-
torney General shall specify, in consultation
with the Commissioner of Social Security and
the Commissioner of the Service, an expedited
time period within which confirmation is to be
provided through the confirmation mechanism.
‘‘(iv) The Commissioners shall update their
information in a manner that promotes the
maximum accuracy and shall provide a process
210
Title IV
for the prompt correction of erroneous informa-
tion.’’.
(c) REDUCTION OF PAPERWORK FOR CERTAIN EM-
PLOYEES.—Section 274A(a) (8 U.S.C. 1324a(a)) is
amended by adding at the end the following new para-
graph:
‘‘(6) TREATMENT
OF
DOCUMENTATION
FOR
CERTAIN EMPLOYEES.—
‘‘(A) IN GENERAL.—For purposes of para-
graphs (1)(B) and (3), if—
‘‘(i) an individual is a member of a
collective-bargaining unit and is employed,
under a collective bargaining agreement
entered into between one or more employee
organizations and an association of two or
more employers, by an employer that is a
member of such association, and
‘‘(ii) within the period specified in
subparagraph (B), another employer that
is a member of the association (or an
agent of such association on behalf of the
employer) has complied with the require-
ments of subsection (b) with respect to the
employment of the individual,
212
Title IV
clause (ii), the employer shall be consid-
ered to have known at the time of hiring
or afterward that the individual was an un-
authorized alien.
‘‘(ii) REBUTTAL OF PRESUMPTION.—
The presumption established by clause (i)
may be rebutted by the employer through
the presentation of clear and convincing
evidence that the employer did not know
(and could not reasonably have known)
that the individual at the time of hiring or
afterward was an unauthorized alien.’’.
(d) ELIMINATION OF DATED PROVISIONS.—Section
274A (8 U.S.C. 1324a) is amended by striking subsections
(i) through (n).
(e) EFFECTIVE DATES.—
(1) Except as provided in this subsection, the
amendments made by this section shall apply with
respect to hiring (or recruiting or referring) occur-
ring on or after such date (not later than 180 days
after the date of the enactment of this Act) as the
Attorney General shall designate.
(2)(A) The Attorney General shall establish the
employment eligibility confirmation mechanism (de-
scribed in section 274A(b)(6) of the Immigration
213
Title IV
and Nationality Act, as added by subsection (b)) by
not later than October 1, 1999.
(B) Before establishing the mechanism, the At-
torney General shall undertake such pilot projects,
in at least 5 of the 7 States with the highest esti-
mated population of unauthorized aliens, as will test
and assure that the mechanism implemented is reli-
able and easy to use. Such projects shall be initiated
not later than 6 months after the date of the enact-
ment of this Act.
(C) The Attorney General shall submit to the
Congress, beginning in 1997, annual reports on the
development and implementation of the mechanism.
(3) The amendment made by subsection (c)
shall apply to individuals hired on or after 60 days
after the date of the enactment of this Act.
(4) The amendment made by subsection (d)
shall take effect on the date of the enactment of this
Act.
SEC. 404. REPORTS ON EARNINGS OF ALIENS NOT AUTHOR-
IZED TO WORK.
Subsection (c) of section 290 (8 U.S.C. 1360) is
amended to read as follows:
‘‘(c)(1) Not later than 3 months after the end of each
fiscal year (beginning with fiscal year 1995), the Commis-
214
Title IV
sioner of Social Security shall report to the Committees
on the Judiciary of the House of Representatives and the
Senate on the aggregate number of social security account
numbers issued to aliens not authorized to be employed
to which earnings were reported to the Social Security Ad-
ministration in such fiscal year.
‘‘(2) If earnings are reported on or after January 1,
1996, to the Social Security Administration on a social
security account number issued to an alien not authorized
to work in the United States, the Commissioner of Social
Security shall provide the Attorney General with informa-
tion regarding the name and address of the individual to
whom the number was issued and with respect to whom
the earnings were reported and regarding the amount and
name and address of the person reporting the earnings.
The information shall be provided in an electronic form
agreed upon by the Commissioner and the Attorney Gen-
eral.’’.
SEC. 405. AUTHORIZING MAINTENANCE OF CERTAIN IN-
FORMATION ON ALIENS.
Section 264 (8 U.S.C. 1304) is amended by adding
at the end the following new subsection:
‘‘(f) Notwithstanding any other provision of law, the
Attorney General is authorized to require any alien to pro-
vide the alien’s social security account number for pur-
215
Title V
poses of inclusion in any record of the alien maintained
by the Attorney General or the Service.’’.
TITLE V—REFORM OF LEGAL
IMMIGRATION SYSTEM
TABLE OF CONTENTS OF TITLE
Sec. 500. Overview of new legal immigration system.
Subtitle A—Worldwide Numerical Limits
Sec. 501. Worldwide numerical limitation on family-sponsored immigrants.
Sec. 502. Worldwide numerical limitation on employment-based immigrants.
Sec. 503. Establishment of numerical limitation on humanitarian immigrants.
Sec. 504. Requiring congressional review and reauthorization of worldwide lev-
els every 5 years.
Subtitle B—Changes in Preference System
Sec. 511. Limitation of immediate relatives to spouses and children.
Sec. 512. Change in family-sponsored classification.
Sec. 513. Change in employment-based classification.
Sec. 514. Authorization to require periodic confirmation of classification peti-
tions.
Sec. 515. Changes in special immigrant status.
Sec. 516. Miscellaneous conforming amendments.
Subtitle C—Refugees, Asylees, Parole, and Humanitarian Admissions
Sec. 521. Changes in refugee annual admissions.
Sec. 522. Fixing numerical adjustments for asylees at 10,000 each year.
Sec. 523. Increased resources for reducing asylum application backlogs.
Sec. 524. Parole available only on a case-by-case basis for humanitarian rea-
sons or significant public benefit.
Sec. 525. Admission of humanitarian immigrants.
Subtitle D—General Effective Date; Transition Provisions
Sec. 551. General effective date.
Sec. 552. General transition for current classification petitions.
Sec. 553. Special transition for certain backlogged spouses and children of law-
ful permanent resident aliens.
Sec. 554. Special treatment of certain disadvantaged family first preference im-
migrants.
216
Title V
SEC. 500. OVERVIEW OF NEW LEGAL IMMIGRATION SYS-
TEM.
This title amends the legal immigration provisions of
the Immigration and Nationality Act so as to provide for
the following (beginning with fiscal year 1997):
(1) DIVISION OF IMMIGRATION AMONG 3 CAT-
EGORIES.—There will be a worldwide level of immi-
gration of approximately 535,000, divided among—
(A) family-sponsored immigrants, with a
worldwide annual numerical limitation (after a
transition) of approximately 330,000,
(B) employment-based immigrants, with a
worldwide 
annual 
numerical 
limitation 
of
135,000, and
(C) humanitarian immigrants, with a
worldwide annual numerical limitation (after a
transition) of approximately 70,000.
Congress is required to reevaluate and reauthorize
these numbers every 5 years.
(2) FAMILY-SPONSORED IMMIGRANTS.—
(A) CATEGORIES.—Family-sponsored im-
migrants are (i) spouses and children of citi-
zens, (ii) spouses and children of permanent
resident aliens, and (iii) parents of adult United
States citizens if a majority of the sons and
daughters of the parents are in the United
217
Title V
States and the parents meet certain insurance
requirements.
(B) NUMERICAL LIMITATIONS.—
(i) There will be no direct numerical
limit on admission of spouses and children
of United States citizens.
(ii) The annual numerical limit on ad-
mission of spouses and children of perma-
nent residents will be below 85,000.
(3) EMPLOYMENT-BASED
IMMIGRANTS.—Em-
ployment-based immigrants will fall within the fol-
lowing categories and numerical limitations:
(A) EXTRAORDINARY IMMIGRANTS.—First,
aliens with extraordinary ability, up to 15,000
each year.
(B) 
VERY
HIGHLY
SKILLED
IMMI-
GRANTS.—Second, aliens with exceptional abil-
ity, who are members of the professions holding
advanced degrees, or who are multinational ex-
ecutives and managers, up to 60,000 each year,
plus any left from the previous category.
(C) OTHER PROFESSIONALS AND SKILLED
WORKERS.—Third, aliens who are either other
professionals with a baccalaureate degree and
at least 5 years’ experience or skilled workers
218
Title V
with at least 7 years of training and work expe-
rience, up to 45,000 each year, plus any left
from the previous category.
(D) INVESTORS.—Fourth, aliens who are
investing at least $1,000,000 in enterprises in
the United States that will employ at least 10
workers, up to 10,000 each year (with a 2-year
pilot program for those investing at least
$500,000 in enterprises employing at least 5
workers).
(E) CERTAIN
SPECIAL
IMMIGRANTS.—
Lastly, aliens who fall within certain classes of
special immigrants (such as religious ministers,
aliens who have worked for the Government
abroad, certain long-term alien employees of
international organizations, certain dependent
juveniles, and certain long-term alien members
of the Armed Forces), up to 5,000 each year.
(4) 
HUMANITARIAN
IMMIGRANTS.—Humani-
tarian immigrants will fall within the following cat-
egories and numerical limitations:
(A) REFUGEES.—Refugees, subject to a
numerical limitation (after a transition) of
50,000 or such higher number at the Congress
may provide by law.
219
Title V
(B) ASYLEES.—Aliens seeking asylum,
subject to no numerical limitation in any year.
As under current law, asylees may adjust to
permanent residence status at a rate of up to
10,000 each year.
(C) 
OTHER
HUMANITARIAN
IMMI-
GRANTS.—Other immigrants who are of special
humanitarian concern to the United States, up
to 10,000 each year.
(5) TRANSITION.—
(A) ADDITIONAL
VISA
NUMBERS
FOR
SPOUSES
AND
MINOR, UNMARRIED
CHILDREN
OF PERMANENT RESIDENT ALIENS.—In order
to reduce the current backlog for spouses and
minor, unmarried children of lawful permanent
residents, there will be an additional 50,000 im-
migrant visa numbers made available for these
aliens for each of 5 fiscal years, with priority
for spouses and children of aliens who did not
participate in a legalization program.
(B) PHASE-DOWN IN REFUGEE NUMERICAL
LIMITATION.—The annual numerical limitation
on refugees (without specific approval of Con-
gress) will be phased down to 75,000 in fiscal
220
Title V, Subtitle A
year 1997 and 50,000 in fiscal year 1998 and
thereafter.
Subtitle A—Worldwide Numerical
Limits
SEC. 501. WORLDWIDE NUMERICAL LIMITATION ON FAM-
ILY-SPONSORED IMMIGRANTS.
(a) OVERVIEW.—
(1) The amendment made by subsection (b)
provides for a worldwide level of family-sponsored
immigrants of 330,000 less the number of spouses
and children of citizens admitted in the previous
year.
(2) However, there will be no limit on spouses
and children of citizens nor would the number of
visas available to spouses and children of lawful per-
manent residents go below 85,000.
(3) Any excess in family immigration above
330,000 would come from other unused visas and, if
necessary, from future visa numbers.
(4) If there are any unused family visas, those
visas would be added to the spouses and children of
lawful permanent resident aliens.
(b) AMENDMENT.—Subsection (c) of section 201 (8
U.S.C. 1151) is amended to read as follows:
221
Title V, Subtitle A
‘‘(c) WORLDWIDE LEVEL
OF FAMILY-SPONSORED
IMMIGRANTS.—
‘‘(1) IN GENERAL.—Subject to the succeeding
provisions of this subsection, the worldwide level of
family-sponsored immigrants under this subsection
(in this subsection referred to as the ‘worldwide fam-
ily level’) for a fiscal year is 330,000.
‘‘(2) REDUCTION FOR SPOUSES AND CHILDREN
OF UNITED STATES CITIZENS AND CERTAIN OTHER
FAMILY-RELATED
IMMIGRANTS.—The 
worldwide
family level for a fiscal year shall be reduced (but
not below 85,000) by the number of aliens described
in subsection (b)(2) who were issued immigrant
visas or who otherwise acquired the status of aliens
lawfully admitted to the United States for perma-
nent residence in the previous fiscal year.
‘‘(3) FURTHER REDUCTION FOR ANY PREVIOUS
EXCESS FAMILY IMMIGRATION.—
‘‘(A) IN GENERAL.—If there were excess
family admissions in a particular fiscal year (as
determined under subparagraph (B)) beginning
with fiscal year 1997, then for the following fis-
cal year the worldwide family level shall be re-
duced (but not below 85,000) by the net num-
222
Title V, Subtitle A
ber of excess admissions in that particular fiscal
year (as defined in subparagraph (C)).
‘‘(B) DETERMINATION OF EXCESS FAMILY
ADMISSIONS.—For purposes of subparagraph
(A), there are excess family admissions in a fis-
cal year if—
‘‘(i) the number of aliens who are is-
sued immigrant visas or who otherwise ac-
quire the status of aliens lawfully admitted
to the United States for permanent resi-
dence under section 203(a) or subsection
(b)(2) in a fiscal year, exceeds
‘‘(ii) 330,000, less the carryforward
number of excess admissions computed for
the previous fiscal year (as defined in sub-
paragraph (D)).
For purposes of this subparagraph, immigrant
visa numbers issued under section 553 of the
Immigration in the National Interest Act of
1995 (relating to certain transition immigrants)
shall not be counted under clause (i).
‘‘(C) NET
NUMBER
OF
EXCESS
ADMIS-
SIONS.—For purposes of subparagraph (A), the
‘net number of excess admissions’ for a fiscal
year is—
223
Title V, Subtitle A
‘‘(i) the excess described in subpara-
graph (B) for the fiscal year, reduced (but
not below zero) by
‘‘(ii) the number (if any) by which (I)
the worldwide level under subsection (d)
for the previous fiscal year exceeds the
number of immigrants who are issued im-
migrant visas or who otherwise acquire the
status of aliens lawfully admitted to the
United States for permanent residence
under section 203(b) in that previous fiscal
year.
‘‘(D) CARRYFORWARD NUMBER OF EXCESS
ADMISSIONS.—For purposes of subparagraph
(B)(ii), the carryforward number of excess ad-
missions for a particular fiscal year is the net
number of excess admissions for the previous
fiscal year (as defined in subparagraph (C)), re-
duced by the reductions effected under subpara-
graph (A) and paragraph (4) in visa numbers
for the particular fiscal year.
‘‘(4) ADJUSTMENT IN CERTAIN EMPLOYMENT-
BASED VISA NUMBERS IN CASE OF REMAINING EX-
CESS FAMILY ADMISSIONS.—
224
Title V, Subtitle A
‘‘(A) IN GENERAL.—If there is a remain-
ing excess number of family admissions (as de-
scribed in subparagraph (B)) in a fiscal year
(beginning with fiscal year 1997) that is great-
er than zero, then for the following fiscal year
there shall be reductions in immigrant visa
numbers made available, pursuant to subsection
(d) and paragraphs (3) and (4) of section
203(b), as follows:
‘‘(i) FIRST, ADJUSTMENT OF UP TO 1⁄2
OF
NUMBERS
IN
INVESTORS.—First, the
number of immigrant visa numbers made
available under section 203(b)(4) shall be
reduced by the lesser of—
‘‘(I) the remaining excess number
of family admissions (described in
subparagraph (B)), or
‘‘(II) 1⁄2 of the maximum number
of visa numbers that could (but for
this paragraph) otherwise be made
available under section 203(b)(4) in
such following fiscal year.
‘‘(ii) THEN, ADJUSTMENT OF UP TO
1⁄2 OF NUMBERS IN PROFESSIONALS AND
SKILLED WORKERS.—If the remaining ex-
225
Title V, Subtitle A
cess number of family admissions is great-
er than the reduction in visa numbers ef-
fected under clause (i), then the number of
immigrant visa numbers made available
under section 203(b)(3) shall be reduced
by the lesser of—
‘‘(I) the remaining excess number
of family admissions (described in
subparagraph (B)) less the reduction
in visa numbers effected under clause
(i), or
‘‘(II) 1⁄2 of the maximum number
of visa numbers that could (but for
this paragraph) otherwise be made
available under section 203(b)(3) in
such following fiscal year.
‘‘(B) REMAINING
EXCESS
NUMBER
OF
FAMILY
ADMISSIONS
DESCRIBED.—For pur-
poses of subparagraph (A), the remaining ex-
cess number of family admissions in a fiscal
year is the net number of excess admissions for
the fiscal year (as defined in paragraph (3)(C)),
reduced by the reduction (if any) effected under
paragraph (3) in visa numbers for the succeed-
ing fiscal year.’’.
226
Title V, Subtitle A
SEC. 502. WORLDWIDE NUMERICAL LIMITATION ON EM-
PLOYMENT-BASED IMMIGRANTS.
Subsection (d) of section 201 (8 U.S.C. 1151) is
amended to read as follows:
‘‘(d) WORLDWIDE LEVEL OF EMPLOYMENT-BASED
IMMIGRANTS.—The worldwide level of employment-based
immigrants under this subsection for a fiscal year is—
‘‘(1) 135,000, minus
‘‘(2) beginning with fiscal year 1998, the total
of the reductions (if any) in visa numbers made
under subsection (c)(4) for that fiscal year.’’.
SEC. 503. ESTABLISHMENT OF NUMERICAL LIMITATION ON
HUMANITARIAN IMMIGRANTS.
(a) IN GENERAL.—Section 201 (8 U.S.C. 1151) is
amended—
(1) in subsection (a)(3), by striking ‘‘1995, di-
versity’’ and inserting ‘‘1997, humanitarian’’, and
(2) by amending subsection (e) to read as fol-
lows:
‘‘(e) WORLDWIDE LEVEL OF HUMANITARIAN IMMI-
GRANTS.—
‘‘(1) IN GENERAL.—Subject to the succeeding
provisions of this subsection, the worldwide level of
humanitarian immigrants is equal to 70,000 for
each fiscal year.
227
Title V, Subtitle A
‘‘(2) REDUCTION
FOR
HUMANITARIAN
IMMI-
GRANTS WHO ARE REFUGEES OR ASYLEES.—Such
worldwide level for a fiscal year under paragraph (1)
shall be reduced by the sum of—
‘‘(A) the number of aliens (not to exceed
50,000) who were admitted as refugees under
section 207 in the previous fiscal year, and
‘‘(B) the number of aliens who had been
granted asylum whose status was adjusted in
the previous fiscal year under section 209(b).
‘‘(3) REDUCTION FOR PRIOR YEAR CANCELLA-
TION OF REMOVAL AND REGISTRY.—Such worldwide
level for a fiscal year under paragraph (1) shall be
further reduced by the sum of—
‘‘(A) the number of aliens whose removal
was cancelled and who were provided lawful
permanent resident status in the previous fiscal
year under section 240A, and
‘‘(B) the number of aliens who were pro-
vided permanent resident status in the previous
fiscal year under section 249.
‘‘(4) LIMITATION.—In no case shall the world-
wide level for a fiscal year under this subsection
(taking into account any reductions under para-
graphs (2) and (3)) exceed 10,000.’’.
228
Title V, Subtitle A
SEC. 504. REQUIRING CONGRESSIONAL REVIEW AND REAU-
THORIZATION 
OF 
WORLDWIDE 
LEVELS
EVERY 5 YEARS.
Section 201 (8 U.S.C. 1151) is amended by adding
at the end the following new subsection:
‘‘(f) REQUIREMENT FOR PERIODIC REVIEW AND RE-
AUTHORIZATION OF WORLDWIDE LEVELS.—
‘‘(1) CONGRESSIONAL REVIEW.—The Commit-
tees on the Judiciary of the House of Representa-
tives and of the Senate shall undertake during fiscal
year 2001 (and each fifth fiscal year thereafter) a
thorough review of the appropriate worldwide levels
of immigration to be provided under this section
during the 5-fiscal-year period beginning with the
second subsequent fiscal year.
‘‘(2) CONGRESSIONAL REAUTHORIZATION.—The
Congress, after consideration of the reviews under
paragraph (1) and by law, shall specify the appro-
priate worldwide levels of immigration to be provided
under this section during the 5-fiscal-year period be-
ginning with the second subsequent fiscal year.
‘‘(3) SUNSET IN ABSENCE OF REAUTHORIZA-
TION.—The worldwide levels specified under the pre-
vious provisions of this section are applicable only to
fiscal years 1997 through 2002 and admissions after
fiscal year 2002 that are subject to such levels are
229
Title V, Subtitle B
only authorized to the extent provided by amend-
ment under paragraph (2) made to this section.’’.
Subtitle B—Changes in Preference
System
SEC. 511. LIMITATION OF IMMEDIATE RELATIVES TO
SPOUSES AND CHILDREN.
(a) RECLASSIFICATION.—Section 201(b)(2)(A) (8
U.S.C. 1151(b)(2)(A)) is amended—
(1) in clause (i)—
(A) by striking ‘‘IMMEDIATE RELATIVES.—
’’ and all that follows through the end of the
first sentence and inserting ‘‘Spouses and chil-
dren of a citizen of the United States.’’, and
(B) in the second sentence, by striking ‘‘an
immediate relative’’ and inserting ‘‘a spouse of
a citizen of the United States’’; and
(2) in clause (ii), by striking ‘‘an immediate rel-
ative’’ and inserting ‘‘a spouse of a citizen of the
United States’’.
(b) PROTECTION
OF CERTAIN CHILDREN
FROM
AGING OUT OF PREFERENCE STATUS.—
(1) IN GENERAL.—Section 204 (8 U.S.C. 1154)
is amended by adding at the end the following new
subsection:
230
Title V, Subtitle B
‘‘(i) For purposes of applying section 101(b)(1) in the
case of issuance of an immigrant visa to, or admission or
adjustment of status of, an alien under section
202(b)(1)(A), section 203(a)(1), or 203(d) as a child of
a citizen of the United States or a permanent resident
alien, the age of the alien shall be determined as of the
date of the filing of the classification petition under sec-
tion 204(a)(1) as such a child of a citizen of the United
States or a permanent resident alien.’’.
(2) EFFECTIVE DATE.—The amendment made
by paragraph (1) shall apply to immigrant visas is-
sued on or after October 1, 1996, with respect to
aliens who are under 21 years of age as of such
date.
SEC. 512. CHANGE IN FAMILY-SPONSORED CLASSIFICA-
TION.
(a) IN
GENERAL.—Section 203(a) (8 U.S.C.
1153(a)) is amended by striking paragraphs (1) through
(4) and inserting the following:
‘‘(1) SPOUSES AND CHILDREN OF LAWFUL PER-
MANENT RESIDENT ALIENS.—Immigrants who are
the spouses and children of an alien lawfully admit-
ted for permanent residence shall be allocated visas
in a number not to exceed 85,000, plus any immi-
231
Title V, Subtitle B
grant visas not required for the class described in
paragraph (2).
‘‘(2) PARENTS OF UNITED STATES CITIZENS.—
‘‘(A) IN GENERAL.—Immigrants who are
the qualifying parents (as defined in subpara-
graph (B)) of an individual who is at least 21
years of age and a citizen of the United States
shall be allocated visas in a number not to ex-
ceed the lesser of—
‘‘(i) 50,000, or
‘‘(ii) the number by which the world-
wide level exceeds 85,000.
‘‘(B) QUALIFICATIONS.—For purposes of
subparagraph (A), the term ‘qualifying parent’
means an immigrant with respect to whom, as
of the date of approval of the classification peti-
tion under section 204(a)(1), at least 50 per-
cent of the immigrant’s sons and daughters are
both nationals of the United States or aliens
lawfully admitted for permanent residence and
lawfully residing in the United States.
‘‘(C) REFERENCE
TO
INSURANCE
RE-
QUIREMENT.—For requirement relating to in-
surance for qualifying parents, see section
212(a)(5)(C).’’.
232
Title V, Subtitle B
(b) INSURANCE REQUIREMENT.—Section 212(a) (8
U.S.C. 1182(a)), as amended by section 621(a) of this
Act, is amended by adding at the end the following new
subparagraph:
‘‘(C) 
INSURANCE
REQUIREMENTS
FOR
QUALIFYING PARENTS.—
‘‘(i) IN
GENERAL.—Any alien who
seeks admission as a qualifying parent
under section 203(a)(2) is inadmissible un-
less the alien demonstrates at the time of
issuance of the visa (and at the time of ad-
mission) to the satisfaction of the consular
officer and the Attorney General that the
alien—
‘‘(I) will have coverage under an
adequate health insurance policy (at
least comparable to coverage provided
under the medicare program under
title XVIII of the Social Security
Act), and
‘‘(II) will have coverage with re-
spect to long-term health needs (at
least comparable to such coverage
provided under the medicaid program
under title XIX of such Act for the
233
Title V, Subtitle B
State in which either the alien intends
to reside or in which the petitioner
(on behalf of the alien under section
204(a)(1)) resides,
throughout the period the alien is residing
in the United States.
‘‘(ii) FACTORS TO BE TAKEN INTO AC-
COUNT.—In making a determination under
clause (i), the Attorney General shall take
into account the age of the qualifying par-
ent and the likelihood of the parent secur-
ing health insurance coverage through em-
ployment.
SEC. 513. CHANGE IN EMPLOYMENT-BASED CLASSIFICA-
TION.
Section 203(b) (8 U.S.C. 1153(b)) is amended by
striking paragraphs (1) through (5) and inserting the fol-
lowing:
‘‘(1) ALIENS WITH EXTRAORDINARY ABILITY.—
Visas shall first be made available in a number not
to exceed 15,000 of such worldwide level to immi-
grants—
‘‘(A) who have extraordinary ability in the
sciences, arts, education, business, or athletics
which has been demonstrated by sustained na-
234
Title V, Subtitle B
tional or international acclaim and whose
achievements have been recognized in the field
through sufficient documentation,
‘‘(B) who seek to be admitted the United
States to continue work in the area of extraor-
dinary ability, and
‘‘(C) the admission of whom into the Unit-
ed States will substantially benefit prospectively
the United States.
‘‘(2) ALIENS WHO ARE MEMBERS OF THE PRO-
FESSIONS HOLDING ADVANCED DEGREES OR ALIENS
OF EXCEPTIONAL ABILITY.—
‘‘(A) IN GENERAL.—Visas shall be made
available, in a number not to exceed 60,000 of
such worldwide level, plus any visas not re-
quired for the class specified in paragraph (1),
to immigrants who are aliens described in any
of the subparagraphs (B) or (C).
‘‘(B) ALIENS WHO ARE MEMBERS OF THE
PROFESSIONS
HOLDING
ADVANCED
DEGREES
OR ALIENS OF EXCEPTIONAL ABILITY.—
‘‘(i) IN
GENERAL.—An alien is de-
scribed in this subparagraph if the alien is
a member of the professions holding ad-
vanced degrees or their equivalent or who
235
Title V, Subtitle B
because of exceptional ability in the
sciences, arts, or business, will substan-
tially benefit prospectively the national
economy, cultural or educational interests,
or welfare of the United States, and whose
services in the sciences, arts, professions,
or business are sought by an employer in
the United States.
‘‘(ii) DETERMINATION
OF
EXCEP-
TIONAL
ABILITY.—In determining under
clause (i) whether an immigrant has excep-
tional ability, the possession of a degree,
diploma, certificate, or similar award from
a college, university, school, or other insti-
tution of learning or a license to practice
or certification for a particular profession
or occupation shall not by itself be consid-
ered sufficient evidence of such exceptional
ability.
‘‘(iii) 
LABOR
CERTIFICATION
RE-
QUIRED
IN
CERTAIN
CASES.—An immi-
grant visa may not be issued to an immi-
grant under this subparagraph until the
consular officer is in receipt of a deter-
mination made by the Secretary of Labor
236
Title V, Subtitle B
pursuant to the provisions of section
212(a)(5)(A).
‘‘(C) CERTAIN
MULTINATIONAL
EXECU-
TIVES AND MANAGERS.—An alien is described
in this subparagraph if the alien, in the 3 years
preceding the time of the alien’s application for
classification and admission into the United
States under this subparagraph, has been em-
ployed for at least 1 year by a firm or corpora-
tion or other legal entity or an affiliate or sub-
sidiary thereof and the alien seeks to enter the
United States in order to continue to render
services to the same employer or to a subsidiary
or affiliate thereof in a capacity that is manage-
rial or executive.
‘‘(3) 
SKILLED
WORKERS
AND
PROFES-
SIONALS.—
‘‘(A) IN GENERAL.—Visas shall be made
available, in a number not to 45,000 of such
worldwide level, plus any visas not required for
the classes specified in paragraphs (1) and (2)
less the reduction in visa numbers under this
paragraph required to be effected under section
201(c)(4)(A)(ii) for the fiscal year involved, to
237
Title V, Subtitle B
aliens described in subparagraph (B) or (C)
who are not described in paragraph (2).
‘‘(B) SKILLED
WORKERS.—An alien de-
scribed in this subparagraph is an immigrant
who is capable, at the time of petitioning for
classification under this paragraph, of perform-
ing skilled labor (requiring at least 2 years
training or experience), not of a temporary or
seasonal nature, for which qualified workers are
not available in the United States, who has a
total of 7 years of training or experience (or
both) with respect to such labor.
‘‘(C) PROFESSIONALS.—An alien described
in this subparagraph is an immigrant who holds
a baccalaureate degree and is a member of the
professions and has at least 5 years of experi-
ence in the profession after the receipt of the
degree.
‘‘(D) LABOR CERTIFICATION REQUIRED.—
An immigrant visa may not be issued to an im-
migrant under this paragraph until the consular
officer is in receipt of a determination made by
the Secretary of Labor pursuant to the provi-
sions of section 212(a)(5)(A).
‘‘(4) INVESTORS IN JOB CREATION.—
238
Title V, Subtitle B
‘‘(A) IN GENERAL.—Visas shall be made
available, in a number not to exceed 10,000 of
such worldwide level less the reduction in visa
numbers under this paragraph required to be
effected under section 201(c)(4)(A)(i) for the
fiscal year involved, to immigrants seeking to
enter the United States for the purpose of en-
gaging in a new commercial enterprise—
‘‘(i) which the alien has established,
‘‘(ii) in which such alien has invested
(after the date of the enactment of the Im-
migration Act of 1990) or, is actively in
the process of investing, capital in an
amount not less $1,000,000, and
‘‘(iii) which will benefit the United
States economy and create full-time em-
ployment for not fewer than 10 United
States citizens or aliens lawfully admitted
for permanent residence or other immi-
grants lawfully authorized to be employed
in the United States (other than the immi-
grant and the immigrant’s spouse, sons, or
daughters).
‘‘(B) PILOT PROGRAM.—For each of fiscal
years 1997 and 1998, up to 2,000 visas other-
239
Title V, Subtitle B
wise made available under this paragraph shall
be made available to immigrants who would be
described in subparagraph if ‘$500,000’ were
substituted for ‘$1,000,000’ in subparagraph
(A)(ii) and if ‘for not fewer than 5’ were sub-
stituted for ‘for not fewer than 10’ in subpara-
graph (A)(iii). By not later than April 1, 1998,
the Attorney General shall submit to Congress
a report on the operation of this subparagraph
and shall include in the report information de-
scribing the immigrants admitted under this
paragraph and the enterprises they invest in
and a recommendation on whether the pilot
program under this subparagraph should be
continued or modified.
‘‘(5) CERTAIN
SPECIAL
IMMIGRANTS.—Visas
shall be made available, in a number not to 5,000
of such worldwide level, to qualified special immi-
grants described in section 101(a)(27) (other than
those described in subparagraph (A) or (B) thereof),
of which not more than 4,000 may be made available
in any fiscal year to special immigrants described in
subclause (II) or (III) of section 101(a)(27)(C)(ii).’’.
240
Title V, Subtitle B
SEC. 514. AUTHORIZATION TO REQUIRE PERIODIC CON-
FIRMATION OF CLASSIFICATION PETITIONS.
(a) IN
GENERAL.—Section 204(b) (8 U.S.C.
1154(b)) is amended by inserting ‘‘(1)’’ after ‘‘(b)’’ and
by adding at the end the following new paragraph:
‘‘(2)(A) The Attorney General may provide that a
classification petition approved with respect to an alien
(and the priority date established with respect to the peti-
tion) shall expire after a period (specified by the Attorney
General and of not less than 2 years) following the date
of approval of the petition, unless the petitioner files with
the Attorney General a form described in subparagraph
(B).
‘‘(B) The Attorney General shall specify the form to
be used under this paragraph. Such form shall be de-
signed—
‘‘(i) to reconfirm the continued intention of the
petitioner to seek admission of the alien based on
the classification involved, and
‘‘(ii) as may be provided by the Attorney Gen-
eral, to update the contents of the original classifica-
tion petition.
‘‘(C) The Attorney General may apply subparagraph
(A) to one or more classes of classification petitions and
for different periods of time for different classes of such
petitions, as specified by the Attorney General.’’.
241
Title V, Subtitle B
(b) EFFECTIVE DATE.—(1) Except as provided in
paragraph (2), the amendments made by subsection (a)
shall not apply to classification petitions filed before Octo-
ber 1, 1996.
(2) The Attorney General may apply such amend-
ments to such classification petitions, but only in a man-
ner so that no such petition expires under such amend-
ments before October 1, 2000.
SEC. 515. CHANGES IN SPECIAL IMMIGRANT STATUS.
(a) REPEALING CERTAIN OBSOLETE PROVISIONS.—
Section 101(a)(27) (8 U.S.C. 1101(a)(27)) is amended by
striking subparagraphs (B), (E), (F), (G), and (H).
(b) SPECIAL IMMIGRANT STATUS
FOR CERTAIN
NATO CIVILIAN EMPLOYEES.—Section 101(a)(27) (8
U.S.C. 1101(a)(27)) is further amended—
(1) by striking ‘‘or’’ at the end of subparagraph
(J),
(2) by striking the period at the end of sub-
paragraph (K) and inserting ‘‘; or’’, and
(3) by adding at the end the following new sub-
paragraph:
‘‘(L) an immigrant who would be described in
clause (i), (ii), (iii), or (iv) of subparagraph (I) if
any reference in such a clause—
242
Title V, Subtitle B
‘‘(i) to an international organization de-
scribed in paragraph (15)(G)(i) were treated as
a reference to the North American Treaty Or-
ganization (NATO);
‘‘(ii) to a nonimmigrant under paragraph
(15)(G)(iv) were treated as a reference to a
nonimmigrant classifiable under NATO–6 (as a
member of a civilian component accompanying
a force entering in accordance with the provi-
sions of the NATO Status-of-Forces Agree-
ment, a member of a civilian component at-
tached to or employed by an Allied Head-
quarters under the ‘Protocol on the Status of
International Military Headquarters’ set up
pursuant to the North Atlantic Treaty, or as a
dependent); and
‘‘(iii) to the Immigration Technical Correc-
tions Act of 1988 or to the Immigration and
Nationality Technical Corrections Act of 1994
were a reference to the Immigration in the Na-
tional Interest Act of 1995.’’.
(c) CONFORMING NONIMMIGRANT STATUS FOR CER-
TAIN PARENTS
OF SPECIAL IMMIGRANT CHILDREN.—
Section 101(a)(15)(N) (8 U.S.C. 1101(a)(15)(N)) is
amended—
243
Title V, Subtitle B
(1) by inserting ‘‘(or under analogous authority
under paragraph (27)(L))’’ after ‘‘(27)(I)(i)’’, and
(2) by inserting ‘‘(or under analogous authority
under paragraph (27)(L))’’ after ‘‘(27)(I)’’.
(d) ADDITIONAL CONFORMING AMENDMENTS.—
(1) 
Section 
201(b)(1)(A) 
(8 
U.S.C.
1151(b)(1)(A)) is amended by striking ‘‘or (B)’’.
(2) Section 203(b)(4) (8 U.S.C. 1153(b)(4)) is
amended by striking ‘‘or (B)’’.
(3) Section 214(k)(3) (8 U.S.C. 1184(k)(3)) is
amended by striking ‘‘, who has not otherwise been
accorded status under section 101(a)(27)(H),’’.
(4) Section 245(c)(2) (8 U.S.C. 1255(c)(2)) is
amended by striking ‘‘101(a)(27)(H), (I),’’ and in-
serting ‘‘101(a)(27)(I),’’.
(e) EFFECTIVE DATES.—(1) Except as provided in
this section, the amendments made by these sections shall
take effect on the date of the enactment of this Act.
(2) The amendments made by subsection (a) shall not
apply to any alien with respect to whom an application
for special immigrant status under a subparagraph re-
pealed by such amendments has been filed by not later
than September 30, 1996.
244
Title V, Subtitle B
SEC. 516. MISCELLANEOUS CONFORMING AMENDMENTS.
(a) CONFORMING AMENDMENTS RELATING TO IMME-
DIATE RELATIVES.—
(1) 
Section 
101(b)(1)(F) 
(8 
U.S.C.
1101(b)(1)(F)) is amended by striking ‘‘as an imme-
diate relative under section 201(b)’’ and inserting
‘‘as a child of a citizen of the United States’’.
(2) 
Section 
204(a)(1)(A)(i) 
(8 
U.S.C.
1154(a)(1)(A)(i)) is amended by striking ‘‘or to an
immediate relative status’’ and inserting ‘‘or status
as the spouse or child of a citizen of the United
States’’.
(3) Clause (iii) of section 204(a)(1)(A) is
amended by striking ‘‘an immediate relative status’’
and inserting ‘‘a spouse of a citizen of the United
States’’.
(4) Clause (iv) of section 204(a)(1)(A) is
amended by striking ‘‘an immediate relative status’’
and inserting ‘‘a child of a citizen of the United
States’’.
(5) Section 204(b) (8 U.S.C. 1154(b)) is
amended by striking ‘‘an immediate relative speci-
fied in section 201(b)’’ and inserting ‘‘a spouse or
child of a citizen of the United States under section
201(b)’’.
245
Title V, Subtitle B
(6) Section 204(c) (8 U.S.C. 1154(c)) is
amended by striking ‘‘an immediate relative or pref-
erence’’ and inserting ‘‘a preferential’’.
(7) Section 204(e) (8 U.S.C. 1154(e)) is
amended—
(A) by striking ‘‘an immediate relative’’
and inserting ‘‘a spouse or child of a citizen of
the United States’’, and
(B) by striking ‘‘his’’ and ‘‘he’’ and insert-
ing ‘‘the alien’s’’ and ‘‘the alien’’, respectively.
(8) Section 204(g) (8 U.S.C. 1154(g)) is
amended by striking ‘‘immediate relative status’’
and inserting ‘‘status as a spouse or child of a citi-
zen of the United States or other’’.
(9) 
Section 
212(a)(6)(E)(ii) 
(8 
U.S.C.
1182(a)(6)(E)(ii)) is amended by striking ‘‘an imme-
diate relative’’ and inserting ‘‘a spouse, child, or par-
ent of a citizen of the United States’’.
(10) Section 212(d)(11) (8 U.S.C. 1182(d)(11))
is amended by striking ‘‘an immediate relative’’ and
inserting ‘‘a spouse or child of a citizen of the Unit-
ed States’’.
(11) 
Section 
216(g)(1)(A) 
(8 
U.S.C.
1186a(g)(1)(A)) is amended by striking ‘‘an imme-
diate relative (described in section 201(b)) as the
246
Title V, Subtitle B
spouse of a citizen of the United States’’ and insert-
ing ‘‘as the spouse of a citizen of the United States
(described in section 201(b))’’.
(12) Section 221(a) (8 U.S.C. 1201(a)) is
amended by striking ‘‘, immediate relative,’’.
(13)(A) Section 224 (8 U.S.C. 1204) is amend-
ed—
(i) by amending the heading to read as fol-
lows:
‘‘VISAS FOR SPOUSES AND CHILDREN OF CITIZENS AND
SPECIAL IMMIGRANTS’’,
(ii) by striking ‘‘immediate relative’’ the
first place it appears and inserting ‘‘a spouse or
child of a citizen of the United States’’, and
(iii) by striking ‘‘immediate relative sta-
tus’’ and inserting ‘‘status of a spouse or child
of a citizen of the United States’’.
(B) The item in the table of contents relating
to section 224 is amended to read as follows:
‘‘Sec. 224. Visas for spouses and children of citizens and special immigrants.’’.
(14) Subsection (a)(1)(E)(ii) of section 241 (8
U.S.C. 1251), before redesignation as section 237 by
section 305(2), is amended by striking ‘‘an imme-
diate relative’’ and inserting ‘‘a spouse, child, or par-
ent of a citizen of the United States under section
201(b) or 203(a)(2)’’.
247
Title V, Subtitle B
(15) Section 245(c) (8 U.S.C. 1255(c)) is
amended by striking ‘‘an immediate relative as de-
fined in section 201(b)’’ and inserting ‘‘a spouse or
child of a citizen of the United States under section
201(b) or a parent of a citizen under section
203(a)(2)’’ each place it appears.
(16) Section 291 (8 U.S.C. 1361) is amended
by striking ‘‘immigrant, special immigrant, imme-
diate relative’’ and inserting ‘‘immigrant status, spe-
cial immigrant status, status as a spouse or child of
a citizen of the United States’’.
(17) Section 401 of the Immigration Reform
and Control Act of 1986 is amended by striking
‘‘immediate relatives’’ and inserting ‘‘spouses and
children of citizens’’.
(b) CONFORMING AMENDMENTS FOR FAMILY-SPON-
SORED IMMIGRANTS.—
(1) PETITIONING REQUIREMENTS.—
(A) 
Section 
204(a)(1) 
(8 
U.S.C.
1154(a)(1)) is amended—
(i) in subparagraph (A)(i), by striking
‘‘paragraph (1), (3), or (4) of section
203(a) or to an immediate relative status’’
and inserting ‘‘section 203(a)(2) or to sta-
tus as the spouse or child of a citizen’’,
248
Title V, Subtitle B
(ii) in subparagraph (A)(iii), by strik-
ing ‘‘as an immediate relative’’ and insert-
ing ‘‘as the spouse of a citizen of the Unit-
ed States’’, and
(iii) in subparagraph (A)(iv), by strik-
ing ‘‘as an immediate relative’’ and insert-
ing ‘‘as a child of a citizen of the United
States’’, and
(iv) in clauses (ii) and (iii) of sub-
paragraph (B), by striking ‘‘203(a)(2)(A)’’
and inserting ‘‘203(a)(1)’’.
(B) Section 204(e) (8 U.S.C. 1154(e)) is
amended by striking ‘‘(a), (b), or (c)’’ and in-
serting ‘‘(a) or (b)’’.
(C) Section 204(f) (8 U.S.C. 1154(f)) is
amended 
by 
striking 
‘‘, 
203(a)(1), 
or
203(a)(3)’’ and inserting ‘‘or 203(a)(2)’’.
(2) APPLICATION OF PER COUNTRY LEVELS.—
Section 202 (8 U.S.C. 1152) is amended—
(A) by amending paragraph (4) of sub-
section (a) to read as follows:
‘‘(4) SPECIAL RULES FOR SPOUSES AND CHIL-
DREN OF LAWFUL PERMANENT RESIDENT ALIENS.—
‘‘(A) 75 PERCENT
OF
1ST
PREFERENCE
NOT SUBJECT TO PER COUNTRY LIMITATION.—
249
Title V, Subtitle B
Of the visa numbers made available under sec-
tion 203(a) to immigrants described in para-
graph (1) of that section in any fiscal year,
63,750 shall be issued without regard to the
numerical limitation under paragraph (2).
‘‘(B) LIMITING PASS DOWN FOR CERTAIN
COUNTRIES SUBJECT TO SUBSECTION (e).—In
the case of a foreign state or dependent area to
which subsection (e) applies, if the total number
of visas issued under section 203(a)(1) exceeds
the maximum number of visas that may be
made available to immigrants of the state or
area under such section consistent with sub-
section (e) (determined without regard to this
paragraph), in applying paragraph (2) of sec-
tion 203(a) under subsection (e)(2) all visas
shall be deemed to have been required for the
classes specified in paragraph (1) of such sec-
tion.’’; and
(B) in subsection (e)—
(i) in paragraph (1), by inserting be-
fore the semicolon the following: ‘‘(deter-
mined without regard to subsections (c)(4)
and (d)(2) of section 201)’’,
250
Title V, Subtitle B
(ii) in paragraph (2), by striking
‘‘paragraphs (1) through (4)’’ and insert-
ing ‘‘paragraphs (1) and (2)’’, and
(iii) in the last sentence, by striking
‘‘203(a)(2)(A)’’ and inserting ‘‘203(a)(1)’’.
(3) ADDITIONAL CONFORMING AMENDMENTS.—
(A) Section 203(d) (8 U.S.C. 1153(d)) is
amended by striking ‘‘(a)’’ and inserting
‘‘(a)(2)’’.
(B) Section 212(a)(6)(E)(ii) (8 U.S.C.
1182(a)(6)(E)(ii)) is amended by striking
‘‘203(a)(2)’’ and inserting ‘‘203(a)(1)’’.
(C) 
Section 
212(d)(11) 
(8 
U.S.C.
1182(d)(11)) is amended by striking ‘‘(other
than paragraph (4) thereof)’’.
(D) 
Section 
216(g)(1)(C) 
(8 
U.S.C.
1186a(g)(1)(C)) 
is 
amended 
by 
striking
‘‘203(a)(2)’’ and inserting ‘‘203(a)(1)’’.
(E) Section 241(a)(1)(E)(ii) (8 U.S.C.
1251(a)(1)(E)(ii)) is amended by striking
‘‘203(a)(2)’’ and inserting ‘‘203(a)(1)’’.
(F) Section §2(c) of the Virgin Islands
Nonimmigrant Alien Adjustment Act of 1982
(Public Law 97–271) is amended—
251
Title V, Subtitle B
(i) in paragraph (2), by inserting ‘‘or
first family preference petitions’’ after
‘‘second preference petitions’’;
(ii) in paragraph (3)(A), by striking
‘‘or’’ at the end;
(iii) in paragraph (3)(B), by striking
the period at the end and inserting ‘‘,
and’’;
(iv) by adding at the end of para-
graph (3) the following new subparagraph:
‘‘(C) by virtue of a first family preference peti-
tion filed by an individual who was admitted to the
United States as an immigrant by virtue of a second
family preference petition filed by the son or daugh-
ter of the individual, if that son or daughter had his
or her status adjusted under this section.’’; and
(v) in paragraph (4), by striking ‘‘on
or after such date).’’ and inserting ‘‘on or
after such date and before October 1,
1996). For purposes of this subsection, the
terms ‘first family preference petition’ and
‘second family preference petition’ mean,
in the case of an alien, a petition filed
under section 204(a) of the Act to grant
preference status to the alien by reason of
252
Title V, Subtitle B
the 
relationship 
described 
in 
section
203(a)(1) or 203(a)(2), respectively (as in
effect on and after October 1, 1996).’’.
(c) CONFORMING AMENDMENTS RELATING TO EM-
PLOYMENT-BASED IMMIGRANTS.—
(1) TREATMENT OF SPECIAL K IMMIGRANTS.—
Section 203(b)(6)(B) (8 U.S.C. 1153(b)(6)(B)) is
amended—
(A) in clause (i), by striking ‘‘reduced by
1⁄3’’ and inserting ‘‘reduced by the same propor-
tion as the proportion (of the visa numbers
made available under all such paragraphs) that
were made available under each respective para-
graph’’, and
(B) in clause (iii), by striking ‘‘reduced by
1⁄3’’ and inserting ‘‘reduced by the same propor-
tion as the proportion (of the visa numbers
made available under all such paragraphs to na-
tives of the foreign state) that were made avail-
able under each respective paragraph to such
natives’’.
(2) CONFORMING AMENDMENTS RELATING TO
PETITIONING RIGHTS.—Section 204(a)(1) (8 U.S.C.
1154(a)(1)) is amended—
253
Title V, Subtitle B
(A) in subparagraph (C), by striking
‘‘203(b)(1)(A)’’ and inserting ‘‘203(b)(1)’’;
(B) in subparagraph (D), by striking ‘‘sec-
tion 203(b)(1)(B), 203(b)(1)(C), 203(b)(2), or
203(b)(3)’’ and inserting ‘‘section 203(b)(2) or
203(b)(3)’’;
(C) in subparagraph (E)(i), by striking
‘‘203(b)(4)’’ and inserting ‘‘203(b)(5)’’;
(D) in subparagraph (F), by striking
‘‘203(b)(5)’’ and inserting ‘‘203(b)(4)’’; and
(E) by redesignating subparagraphs (E)
and (F) as subparagraphs (F) and (E), respec-
tively, and by moving subparagraph (E) (as so
redesignated) to precede subparagraph (F) (as
so redesignated).
(3) GROUND
FOR
INADMISSIBILITY.—Section
212(a)(5)(C) (8 U.S.C. 1182(a)(5)(C)) is amended
by striking ‘‘(2)’’ and inserting ‘‘(2)(B)’’.
(4) OTHER CONFORMING AMENDMENTS.—
(A) Subsections (b)(1)(C) and (f)(1) of
section 216A (8 U.S.C. 1186b) are each
amended by striking ‘‘203(b)(5)’’ and inserting
‘‘203(b)(4)’’.
(B) 
Section 
245(j)(3) 
(8 
U.S.C.
1255(j)(3)), as added by section 130003(c)(1)
254
Title V, Subtitle B
Violent Crime Control and Law Enforcement
Act of 1994 (Public Law 103–322) and as re-
designated by section 814(a)(5)(A) of this Act,
is amended by striking ‘‘203(b)(4)’’ and insert-
ing ‘‘203(b)(5)’’.
(C) Section 154(b)(1)(B)(i) of the Immi-
gration Act of 1990 is amended by striking
‘‘1991)’’ and inserting ‘‘1991, and before Octo-
ber 
1, 
1996) 
or 
under 
section 
203(a),
203(b)(1), or 203(b)(2)(C) (as in effect on and
after October 1, 1996)’’.
(D) Section 206(a) of the Immigration Act
of 1990 is amended by striking ‘‘203(b)(1)(C)’’
and inserting ‘‘203(b)(2)(C)’’.
(E) Section 610 of Public Law 102–395 is
amended—
(i) in subsection (a), by striking ‘‘sec-
tion 203(b)(5) of the Immigration and Na-
tionality Act (8 U.S.C. 1153(b)(5))’’ and
inserting ‘‘section 203(b)(4) of the Immi-
gration and Nationality Act (8 U.S.C.
1153(b)(4))’’,
(ii) in subsection (b), by striking ‘‘sec-
tion 203(b)(5)’’ and inserting ‘‘section
203(b)(4)’’, and
255
Title V, Subtitle B
(iii) in subsection (c), by striking
‘‘203(b)(5)(A)(iii)’’ 
and 
inserting
‘‘203(b)(4)(A)(iii)’’.
(F) Section 2(d)(2) of the Chinese Student
Protection Act of 1992 (Public Law 102–404)
is amended—
(i) in subparagraph (A), by striking
‘‘203(b)(3)(A)(i)’’ 
and 
inserting
‘‘203(b)(3)(B)’’, and
(ii) in subparagraph (B), by striking
‘‘203(b)(5)’’ and inserting ‘‘203(b)(4)’’.
(G) The Soviet Scientists Immigration Act
of 1992 (Public Law 102–509) is amended—
(i) in sections 3 and 4(a), by striking
‘‘203(b)(2)(A) of the Immigration and Na-
tionality Act (8 U.S.C. 1153(b)(2)(A))’’
and inserting ‘‘203(b)(2)(B)(i) of the Im-
migration and Nationality Act (8 U.S.C.
1153(b)(2)(B)(i))’’, and
(ii) in section 4(c), by striking
‘‘203(b)(2)(A) of the Immigration and Na-
tionality Act (8 U.S.C. 1153(b)(2)(A))’’
and inserting ‘‘203(b)(2)(B) of the Immi-
gration and Nationality Act (8 U.S.C.
1153(b)(2)(B))’’.
256
Title V, Subtitle C
(e) REPEAL OF CERTAIN OUTDATED PROVISIONS.—
The following provisions of law are repealed:
(1) Section 9 of Public Law 94–571 (90 Stat.
2707).
(2) Section 19 of Public Law 97-117 (95 Stat.
1621).
Subtitle C—Refugees, Asylees, Pa-
role, and Humanitarian Admis-
sions
SEC. 521. CHANGES IN REFUGEE ANNUAL ADMISSIONS.
(a) IN GENERAL.—Paragraphs (1) and (2) of section
207(a) (8 U.S.C. 1157(a)) are amended to read as follows:
‘‘(1) Except as provided in paragraph (2) and sub-
section (b), the number of refugees who may be admitted
under this section in any fiscal year shall be such number
as the President determines, before the beginning of the
fiscal year and after appropriate consultation, is justified
by humanitarian concerns or is otherwise in the national
interest.
‘‘(2)(A) Except as provided in subparagraph (B), the
number determined under paragraph (1) for a fiscal year
may not exceed—
‘‘(i) 75,000 in the case of fiscal year 1997, or
‘‘(ii) 50,000 in the case of any succeeding fiscal
year.
257
Title V, Subtitle C
‘‘(B) The number determined under paragraph (1)
for a fiscal year may exceed the limit specified under sub-
paragraph (A) if Congress enacts a law providing for a
higher number.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply beginning with fiscal year 1997.
SEC. 522. FIXING NUMERICAL ADJUSTMENTS FOR ASYLEES
AT 10,000 EACH YEAR.
(a) IN
GENERAL.—Section 209(b) (8 U.S.C.
1159(b)) of such Act is amended by striking ‘‘Not more
than’’ and all that follows through ‘‘who—’’ and inserting
the following: ‘‘The Attorney General, in the Attorney
General’s discretion and under such regulations as the At-
torney General may prescribe, and in a number not to ex-
ceed 10,000 aliens in any fiscal year, may adjust to the
status of an alien lawfully admitted for permanent resi-
dence of any alien granted asylum who—’’.
(b) CONFORMING AMENDMENT.—Section 207(a) (8
U.S.C. 1157(a)) is amended by striking paragraph (4).
(c) EFFECTIVE DATE.—The amendments made by
this section shall take effect on October 1, 1996.
SEC. 523. INCREASED RESOURCES FOR REDUCING ASYLUM
APPLICATION BACKLOGS.
(a) AUTHORIZATION OF TEMPORARY EMPLOYMENT
OF CERTAIN ANNUITANTS AND RETIREES.—
258
Title V, Subtitle C
(1) IN GENERAL.—For the purpose of perform-
ing duties in connection adjudicating applications for
asylum pending as of the date of the enactment of
this Act, the Attorney General may employ for a pe-
riod 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
reason of separation from service on or before Janu-
ary 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 Govern-
ment; or
(C) retired or retainer pay as retired offi-
cers of regular components of the uniformed
services.
(2) NO REDUCTION IN ANNUITY OR RETIRE-
MENT PAY OR REDETERMINATION OF PAY DURING
TEMPORARY 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-
259
Title V, Subtitle C
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-
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-
260
Title V, Subtitle C
formed service shall not be reduced under sec-
tion 5532 of title 5, United States Code, by
reason of temporary employment authorized
under paragraph (1).
(b) PROCEDURES FOR PROPERTY ACQUISITION ON
LEASING.—Notwithstanding the Federal Property and
Administrative 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 administration of the Immigration and Nationality Act
such amounts as may be necessary for the leasing or ac-
quisition of property to carry out the purpose described
in subsection (a)(1).
SEC. 524. PAROLE AVAILABLE ONLY ON A CASE-BY-CASE
BASIS FOR HUMANITARIAN REASONS OR SIG-
NIFICANT PUBLIC BENEFIT.
(a) IN GENERAL.—Paragraph (5) of section 212(d)
(8 U.S.C. 1182(d)) is amended to read as follows:
‘‘(5) HUMANITARIAN
AND PUBLIC INTEREST PA-
ROLE.—
‘‘(A) IN GENERAL.—Subject to the provisions of
this paragraph and section 214(f)(2), the Attorney
General, in the sole discretion of the Attorney Gen-
eral, may on a case-by-case basis parole an alien into
261
Title V, Subtitle C
the United States temporarily, under such conditions
as the Attorney General may prescribe, only—
‘‘(i) for an urgent humanitarian reason (as
described under subparagraph (B)); or
‘‘(ii) for a reason deemed strictly in the
public interest (as described under subpara-
graph (C)).
‘‘(B) HUMANITARIAN
PAROLE.—The Attorney
General may parole an alien based on an urgent hu-
manitarian reason described in this subparagraph
only if—
‘‘(i) the alien has a medical emergency and
the alien cannot obtain necessary treatment in
the foreign state in which the alien is residing
or the medical emergency is life-threatening and
there is insufficient time for the alien to be ad-
mitted through the normal visa process;
‘‘(ii) the alien is needed in the United
States in order to donate an organ or other tis-
sue for transplant into a close family member;
or
‘‘(iii) the alien has a close family member
in the United States whose death is imminent
and the alien could not arrive in the United
States in time to see such family member alive
262
Title V, Subtitle C
if the alien were to be admitted through the
normal visa process.
‘‘(C) PUBLIC INTEREST PAROLE.—The Attor-
ney General may parole an alien based on a reason
deemed strictly in the public interest described in
this subparagraph only if the alien has assisted the
United States Government in a matter, such as a
criminal investigation, espionage, or other similar
law enforcement activity, and either the alien’s pres-
ence in the United States is required by the Govern-
ment or the alien’s life would be threatened if the
alien were not permitted to come to the United
States.
‘‘(D) LIMITATION ON THE USE OF PAROLE AU-
THORITY.—The Attorney General may not use the
parole authority under this paragraph to permit to
come to the United States aliens who have applied
for and have been found to be ineligible for refugee
status or any alien to whom the provisions of this
paragraph do not apply.
‘‘(E) PAROLE NOT AN ADMISSION.—Parole of
an alien under this paragraph shall not be consid-
ered an admission of the alien into the United
States. When the purposes of the parole of an alien
have been served, as determined by the Attorney
263
Title V, Subtitle C
General, the alien shall immediately return or be re-
turned to the custody from which the alien was pa-
roled and the alien shall be considered for admission
to the United States on the same basis as other
similarly situated applicants for admission.
‘‘(F) REPORT TO CONGRESS.—Not later than
90 days after the end of each fiscal year, the Attor-
ney General shall submit a report to the Committees
on the Judiciary of the House of Representatives
and the Senate describing the number and cat-
egories of aliens paroled into the United States
under this paragraph. Each such report shall con-
tain information and data concerning the number
and categories of aliens paroled, the duration of pa-
role, and the current status of aliens paroled during
the preceding fiscal year.’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall take effect on the first day of the first
month beginning more than 60 days after the date of the
enactment of this Act.
SEC. 525. ADMISSION OF HUMANITARIAN IMMIGRANTS.
(a) IN GENERAL.—Subsection (c) of section 203 (8
U.S.C. 1153) is amended to read as follows:
‘‘(c) HUMANITARIAN IMMIGRANTS.—
264
Title V, Subtitle C
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), aliens subject to the worldwide level speci-
fied in section 201(e) for humanitarian immigrants
shall be allotted to immigrants who have been se-
lected by the Attorney General, under paragraph
(2), as of special humanitarian concern to the
United States.
‘‘(2) SELECTION OF IMMIGRANTS.—
‘‘(A) IN GENERAL.—The Attorney General
shall, on a case-by-case basis and based on hu-
manitarian concerns and the public interest, se-
lect aliens for purposes of this subsection.
‘‘(B) RESTRICTION.—The Attorney Gen-
eral may not select an alien under this para-
graph if the alien is a refugee (within the mean-
ing of section 101(a)(42)) unless the Attorney
General determines that compelling reasons in
the public interest with respect to that particu-
lar alien require 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 Gen-
eral shall submit to the Committees on the Judiciary
266
Title V, Subtitle C
‘‘(5) PER
COUNTRY
LEVELS
FOR
HUMANI-
TARIAN IMMIGRANTS.—The total number of immi-
grant visas made available to natives of any single
foreign state or dependent area under section 203(c)
in any fiscal year may not exceed 50 percent (in the
case of a single foreign state) or 15 percent (in the
case of a dependent area) of the total number of
such visas made available under such subsection in
that fiscal year.’’.
(e) WAIVER OF CERTAIN GROUNDS OF INADMIS-
SIBILITY.—Section 212(a) (8 U.S.C. 1182(a)) is amend-
ed—
(1) in paragraph (4), as amended by section
621, by adding at the end the following new sub-
paragraph:
‘‘(C) 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(c).’’;
(2) in paragraph (5)(C), by inserting before the
period at the end the following: ‘‘, and shall not
267
Title V, Subtitle D
apply to immigrants seeking admissions as humani-
tarian immigrants under section 203(c)’’; 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(c).’’.
(f) CONFORMING
AMENDMENTS
RELATING
TO
ELIMINATION OF DIVERSITY PROGRAM.—
(1) Section 141(c) of the Immigration Act of
1990 is amended by striking paragraph (2).
(2) Section 204(b)(1) of Immigration Act of
1990 is amended by inserting ‘‘, as in effect before
fiscal year 1996’’ after ‘‘Immigration and National-
ity Act’’.
Subtitle D—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 amend-
268
Title V, Subtitle D
ments 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 Na-
tionality Act before October 1, 1996, for immediate
relative 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 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
269
Title V, Subtitle D
be deemed, as of such date, to be a petition filed
under such section for preference status under sec-
tion 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 ap-
proved 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), or 203(b)(5) of the Immigration and Na-
tionality 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 petition approved
to 
accord 
status 
under 
section 
203(b)(1),
203(b)(2)(B), 
203(b)(2)(C), 
203(b)(2)(B),
203(b)(3)(B), 203(b)(3)(C), 203(b)(5), or 203(b)(4),
respectively, of such Act (as in effect on and after
such date). Nothing in this paragraph shall be con-
strued as exempting the beneficiaries of such peti-
tions from the numerical limitations under section
203(b) of such Act.
(2) TIME
LIMITATION.—Paragraph (1) shall
not apply more than two years after the date the
270
Title V, Subtitle D
priority date for issuance of a visa on the basis of
such a petition 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
construed as affecting the provisions of section 19 of Pub-
lic Law 97–116, section 2(c)(1) of Public Law 97–271,
or section 202(e) of Public Law 99–603.
SEC. 553. SPECIAL TRANSITION FOR CERTAIN BACK-
LOGGED SPOUSES AND CHILDREN OF LAW-
FUL PERMANENT RESIDENT ALIENS.
(a) IN GENERAL.—In addition to any immigrant visa
numbers otherwise available, 50,000 immigrant visa num-
bers 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 Immigration
and Nationality Act (as amended by this title) for the fis-
cal year.
(b) ORDER.—(1) Subject to paragraph (2), visa num-
bers under this section shall be made available in the order
271
Title V, Subtitle D
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 lawfully admitted for permanent residence through
the operation of section 210 or 245A of the Immigration
and Nationality Act.
(3) The per country numerical limitations of section
202 of such Act shall not apply with respect to visa num-
bers made available under this section.
(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
available 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 numeri-
cal limitations specified in section 202(a) of the Immigra-
tion and Nationality Act shall not apply to immigrant
272
Title V, Subtitle D
numbers made available under section 203(a)(1) of such
Act (as in effect on the date of the enactment of this Act)
on or after April 1, 1996, but only to the extent necessary
to assure 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.
(b) ADDITIONAL
VISA
NUMBERS
POTENTIALLY
AVAILABLE
TO ASSURE EQUITABLE TREATMENT
FOR
UNMARRIED SONS AND DAUGHTERS OF UNITED STATES
CITIZENS.—
(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(d) of the Im-
migration 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
PREF-
ERENCE ALIEN DEFINED.—In this subsection, the
273
Title VI
term ‘‘disadvantaged 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 the
priority date as of such date for aliens of the same
nationality with respect to whom a petition for clas-
sification 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.
TITLE VI—RESTRICTIONS ON
BENEFITS FOR ILLEGAL ALIENS
TABLE OF CONTENTS OF TITLE
Sec. 600. Statements of national policy concerning welfare and immigration.
Subtitle A—Eligibility of Illegal Aliens for Public Benefits
PART 1—PUBLIC BENEFITS GENERALLY
274
Title VI
Sec. 601. Making illegal aliens ineligible for public assistance, contracts, and li-
censes.
Sec. 602. Making unauthorized aliens ineligible for unemployment benefits.
Sec. 603. General exceptions.
Sec. 604. Report on disqualification of illegal aliens from housing assistance
programs.
Sec. 605. Definitions.
Sec. 606. Regulations and effective dates.
PART 2—EARNED INCOME TAX CREDIT
Sec. 611. Earned income tax credit denied to individuals not authorized to be
employed in the United States.
Subtitle B—Expansion of Disqualification from Immigration Benefits on the
Basis of Public Charge
Sec. 621. Ground for inadmissibility.
Sec. 622. Ground for deportability.
Subtitle C—Attribution of Income and Affidavits of Support
Sec. 631. Attribution of sponsor’s income and resources to family-sponsored im-
migrants.
Sec. 632. Requirements for sponsor’s affidavit of support.
SEC. 600. STATEMENTS OF NATIONAL POLICY CONCERNING
WELFARE AND IMMIGRATION.
The Congress makes the following statements con-
cerning national policy with respect to welfare and immi-
gration:
(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
275
Title VI
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 Fed-
eral eligibility rules for public assistance programs,
the Congress strongly encourages the States to
adopt the Federal eligibility rules.
276
Title VI, Subtitle A
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 604,
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
receive any grant, to enter into any contract or loan
agreement, or to be issued (or have renewed) any
professional or commercial license, if the grant, con-
tract, 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 604, any
alien who is not lawfully present in the United States shall
not be eligible for any of the following:
277
Title VI, Subtitle A
(1) STATE ASSISTANCE PROGRAMS.—To receive
any benefits under any program of assistance (not
described in subsection (a)(1)) provided or funded,
in whole or in part, by a State or political subdivi-
sion of a State for which eligibility (or the amount
of assistance) is based on financial need.
(2) STATE CONTRACTS OR LICENSES.—To re-
ceive any grant, to enter into any contract or loan
agreement, or to be issued (or have renewed) any
professional or commercial license, if the grant, con-
tract, loan, or license is provided or funded by any
State agency.
(c) REQUIRING PROOF OF ELIGIBILITY FOR FED-
ERAL CONTRACTS, GRANTS, LOANS, LICENSES, AND PUB-
LIC ASSISTANCE.—
(1) IN GENERAL.—In considering an applica-
tion for a Federal contract, grant, loan, or license,
or for public assistance under a program described
in paragraph (2), a Federal agency shall require the
applicant to provide proof of eligibility under para-
graph (3) to be considered for such Federal con-
tract, grant, loan, license, or public assistance.
(2) 
PUBLIC
ASSISTANCE
PROGRAMS
COV-
ERED.—The requirement of proof of eligibility under
278
Title VI, Subtitle A
paragraph (1) shall apply to the following Federal
public assistance 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 fami-
lies 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
services under title XX of the Social Security
Act.
(D) MEDICAID.—The program of medical
assistance under title XIX of the Social Secu-
rity 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
Housing and Community Development Act of
1980.
(3) DOCUMENTS THAT SHOW PROOF OF ELIGI-
BILITY.—Any one of the documents listed under this
paragraph may be used as proof of eligibility under
279
Title VI, Subtitle A
this subsection. Any such document shall be current
and valid. No other document or documents shall be
sufficient to prove eligibility.
(A) United States passport.
(B) Resident alien card.
(C) State driver’s license.
(D) State identity card.
(d) AUTHORIZATION
FOR
STATES
TO
REQUIRE
PROOF OF ELIGIBILITY FOR STATE PROGRAMS.—In con-
sidering an application for contracts, grants, loans, li-
censes, or public assistance under any State program, a
State is authorized to require the applicant to provide
proof of eligibility to be considered for such State con-
tracts, grants, loans, licenses, or public assistance.
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 benefits are attributable to any employment of the
alien in the United States for which the alien had not been
granted employment authorization pursuant to Federal
law.
(b) PROCEDURES.—Entities responsible for providing
unemployment benefits subject to the restrictions of this
280
Title VI, Subtitle A
section shall make such inquiries as may be necessary to
assure that applicants for such benefits are eligible con-
sistent 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
DISASTER
RE-
LIEF.—The provision of non-cash, in-kind, short-
term emergency disaster relief.
SEC. 604. REPORT ON DISQUALIFICATION OF ILLEGAL
ALIENS FROM HOUSING ASSISTANCE PRO-
GRAMS.
Not later than 90 days after the date of the enact-
ment of this Act, the Secretary of Housing and Urban
Development shall submit a report to the Committees on
the Judiciary of the House of Representatives and of the
Senate, the Committee on Banking of the House of Rep-
resentatives, and the Committee on Banking, Housing,
281
Title VI, Subtitle A
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 assistance under such section.
SEC. 605. 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 con-
sidered to be lawfully present in the United States
for purposes of this title merely because the alien
may be considered to be permanently residing in the
United States under color of law for purposes of any
particular program.
(2) STATE.—The term ‘‘State’’ includes the
District of Columbia, Puerto Rico, the Virgin Is-
lands, Guam, the Northern Mariana Islands, and
American Samoa.
SEC. 606. REGULATIONS AND EFFECTIVE DATES.
(a) REGULATIONS.—The Attorney General shall first
issue regulations to carry out this part (other than section
604) by not later than 60 days after the date of the enact-
282
Title VI, Subtitle A
ment of this Act. Such regulations shall take effect on an
interim basis, pending changes based on 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 pro-
vided, contracts or loan agreements entered into, and pro-
fessional and commercial licenses issued (or renewed) on
or after such date as the Attorney General specifies in reg-
ulations 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
601(a)(2), may permit such section to be waived in the
case of individuals for whom an application for the grant,
contract, loan, or license is pending (or approved) as of
a date (which is on or before the effective date specified
under paragraph (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.
283
Title VI, Subtitle A
(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 unemploy-
ment for whom an application for unemployment benefits
is pending as of a date (which is on or before the effective
date specified under paragraph (1)).
(d) BROAD DISSEMINATION OF INFORMATION.—Be-
fore the effective dates specified in subsections (b) and (c),
the Attorney General shall broadly disseminate informa-
tion regarding the restrictions on eligibility under this
part.
PART 2—EARNED INCOME TAX CREDIT
SEC. 611. EARNED INCOME TAX CREDIT DENIED TO INDI-
VIDUALS 
NOT 
AUTHORIZED 
TO 
BE 
EM-
PLOYED 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
284
Title VI, Subtitle A
‘‘(ii) if the individual is married (with-
in the meaning of section 7703), the tax-
payer identification number of such indi-
vidual’s spouse.’’
(b) SPECIAL IDENTIFICATION NUMBER.—Section 32
of the Internal Revenue Code of 1986 (relating to earned
income) is amended by adding at the end the following
new subsection:
‘‘(k) IDENTIFICATION NUMBERS.—Solely for pur-
poses of subsections (c)(1)(F) and (c)(3)(D), a taxpayer
identification number means a social security number is-
sued to an individual by the Social Security Administra-
tion (other than a social security number issued pursuant
to clause (II) (or that portion of clause (III) that relates
to clause (II)) of section 205(c)(2)(B)(i) of the Social Se-
curity 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 subpara-
graph (E) the following new subparagraph:
285
Title VI, Subtitle B
‘‘(F) an omission of a correct taxpayer
identification number required under section 23
(relating to credit for families with younger
children) or section 32 (relating to the earned
income tax credit) to be included on a return.’’.
(d) EFFECTIVE DATE.—The amendments made by
this section shall apply to taxable years beginning after
December 31, 1995.
Subtitle B—Expansion of Disquali-
fication from Immigration Bene-
fits on the Basis of Public
Charge
SEC. 621. GROUND FOR INADMISSIBILITY.
(a) IN GENERAL.—Paragraph (4) of section 212(a)
(8 U.S.C. 1182(a)) is amended to read as follows:
‘‘(4) PUBLIC CHARGE.—
‘‘(A) FAMILY-SPONSORED
IMMIGRANTS.—
Any alien who seeks admission or adjustment of
status under a visa number issued under sec-
tion 203(a), who cannot demonstrate to the
consular officer at the time of application for a
visa, or to the Attorney General at the time of
application for admission or adjustment of sta-
tus, that the alien’s age, health, family status,
assets, resources, financial status, education,
286
Title VI, Subtitle B
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.
‘‘(B) NONIMMIGRANTS.—Any alien who
seeks admission under a visa number issued
under section 214, who cannot demonstrate to
the consular officer at the time of application
for the visa that the alien’s age, health, family
status, assets, resources, financial status, edu-
cation, skills or a combination thereof, or an af-
fidavit 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)(B)(5)) is inadmissible.
‘‘(C) EMPLOYMENT-BASED IMMIGRANTS.—
‘‘(1) IN
GENERAL.—Any alien who
seeks admission or adjustment of status
under a visa number issued under section
203(b), except for an alien who qualifies as
an alien of extraordinary ability under sec-
tion 203(b)(1)(A), who cannot demonstrate
to the consular officer at the time of appli-
cation for a visa, or to the Attorney Gen-
287
Title VI, Subtitle B
eral at the time of application for admis-
sion or adjustment of status, that the im-
migrant has a valid offer of employment is
inadmissible.
‘‘(2) CERTAIN
EMPLOYMENT-BASED
IMMIGRANTS.—Any alien who seeks admis-
sion or adjustment of status under a visa
number issued under section 203(b) by vir-
tue of a classification petition filed by a
relative of the alien (or by an entity in
which such relative has a significant own-
ership interest) is inadmissible unless such
relative has executed an affidavit of sup-
port described in section 213A with respect
to such alien.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply to applications submitted on or
after such date, not earlier than 30 days and not later
than 60 days after the date the Attorney General formu-
lates the new affidavit of support form under section
213A(b) of the Immigration and Nationality Act (as in-
serted by section 622(a)), as the Attorney General shall
specify.
288
Title VI, Subtitle B
SEC. 622. GROUND FOR DEPORTABILITY.
(a) IN GENERAL.—Paragraph (5) of section 241(a)
(8 U.S.C. 1251(a)) 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) 
EXCEPTION.—Subparagraph 
(A)
shall not apply if the alien establishes that the
alien has become a public charge from causes
that arose after entry or admission. A condition
that the alien knew (or had reason to know) ex-
isted at the time of entry or admission shall be
deemed to be a cause that arose before entry or
admission.
‘‘(C) INDIVIDUALS
TREATED
AS
PUBLIC
CHARGE.—For purposes of this title, an alien is
deemed to be a ‘public charge’ if the alien re-
ceives benefits (other than benefits described in
subparagraph (E)) under one or more of the
public assistance programs described in sub-
paragraph (D) for an aggregate period 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 con-
sidering an alien to be a public charge, includ-
289
Title VI, Subtitle B
ing bases in effect on the day before the date
of the enactment of the Immigration in the Na-
tional Interest Act of 1995. The Attorney Gen-
eral, in consultation with the Secretary of
Health and Human Services, shall establish
rules regarding the counting of health benefits
described in subparagraph (D)(iv) for purposes
of this subparagraph.
‘‘(D) PUBLIC
ASSISTANCE
PROGRAMS.—
For purposes of subparagraph (B), the public
assistance programs described in this subpara-
graph are the following (and include any suc-
cessor to such a program as identified by the
Attorney General in consultation with other ap-
propriate officials):
‘‘(i) SSI.—The supplemental security
income program under title XVI of the So-
cial Security Act, including State supple-
mentary benefits programs referred to in
such title.
‘‘(ii) AFDC.—The program of aid to
families with dependent children under
part A or E of title IV of the Social Secu-
rity Act.
290
Title VI, Subtitle B
‘‘(iii) 
SOCIAL
SERVICES
BLOCK
GRANT.—The program of block grants to
States for social services under title XX of
the Social Security Act.
‘‘(iv) MEDICAID.—The program of
medical assistance under title XIX of the
Social Security Act.
‘‘(v) FOOD
STAMPS.—The program
under the Food Stamp Act of 1977.
‘‘(vi) STATE GENERAL CASH ASSIST-
ANCE.—A program of general cash assist-
ance of any State or political subdivision of
a State.
‘‘(vii) HOUSING ASSISTANCE.—Finan-
cial assistance as defined in section 214(b)
of the Housing and Community Develop-
ment Act of 1980.
‘‘(E) CERTAIN ASSISTANCE EXCEPTED.—
For purposes of subparagraph (B), an alien
shall not be considered to be a public charge on
the basis of receipt of any of the following bene-
fits:
‘‘(i) 
EMERGENCY
MEDICAL
SERV-
ICES.—The provision of emergency medical
services (as defined by the Attorney Gen-
291
Title VI, Subtitle B
eral in consultation with the Secretary of
Health and Human Services).
‘‘(ii) 
PUBLIC
HEALTH
IMMUNIZA-
TIONS.—Public health assistance for im-
munizations with respect to immunizable
diseases and for testing and treatment for
communicable diseases.
‘‘(iii) SHORT-TERM EMERGENCY DIS-
ASTER
RELIEF.—The provision of non-
cash, in-kind, short-term emergency disas-
ter relief.’’.
(b) EFFECTIVE DATE.—(1) The amendment made by
subsection (a) shall take effect as of the first day of the
first month beginning at least 30 days after the date of
the enactment of this Act.
(2) In applying section 241(a)(5)(C) of the Immigra-
tion and Nationality Act, as amended by subsection (a),
no receipt of benefits under a public assistance program
before the effective date described in paragraph (1) shall
be taken into account.
292
Title VI, Subtitle C
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
(c)) the income and resources of the alien shall be deemed
to include—
(1) the income and resources of any person who
executed an affidavit of support pursuant to section
213A of the Immigration and Nationality Act (as
added by section 622) in behalf of such alien, and
(2) the income and resources of the spouse (if
any) of the person.
(b) PERIOD OF ATTRIBUTION.—
(1) PARENTS OF UNITED STATES CITIZENS.—
Subsection (a) shall apply with respect to an alien
who is admitted to the United States as the parent
of a United States citizen under section 512 until
the alien is naturalized as a citizen of the United
States.
293
Title VI, Subtitle C
(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
sections 511 and 512 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 sections 511 and 512 until the child at-
tains the age of 21 years.
(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
294
Title VI, Subtitle C
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
General that the alien qualifies.
(B) The Attorney General shall ensure
that appropriate information pursuant to sub-
paragraph (A) is provided to the System for
Alien Verification of Eligibility (SAVE).
(c) OPTIONAL APPLICATION TO STATE PROGRAMS.—
(1) AUTHORITY.—Notwithstanding any other
provision of law, in determining the eligibility and
the amount of benefits of an alien for any State
means-tested public benefits program, the State or
political subdivision that offers the program is au-
thorized to provide that the income and resources
of the alien shall be deemed to include—
(A) the income and resources of any per-
son who executed an affidavit of support pursu-
ant to section 213A of the Immigration and
Nationality Act (as added by section 622) in
behalf of such alien, and
295
Title VI, Subtitle C
(B) the income and resources of the spouse
(if any) of the person.
(2) PERIOD OF ATTRIBUTION.—The period of
attribution of a sponsor’s income and resources in
determining the eligibility and amount of benefits
for an alien under any State means-tested public
benefits program pursuant to paragraph (1) may not
exceed the Federal period of attribution with respect
to the alien.
(e) MEANS-TESTED PROGRAM DEFINED.—In this
section:
(1) The term ‘‘means-tested public benefits pro-
gram’’ means a program of public benefits (includ-
ing cash, medical, housing, and food assistance and
social services) of the Federal Government or of a
State or political subdivision of a State in which the
eligibility of an individual, household, or family eligi-
bility unit for benefits under the program, or the
amount of such benefits, or both are determined on
the basis of income, resources, or financial need of
the individual, household, or unit.
(2) The term ‘‘Federal means-tested public ben-
efits program’’ means a means-tested public benefits
program of (or contributed to by) the Federal Gov-
ernment.
296
Title VI, Subtitle C
(3) The term ‘‘State means-tested public bene-
fits program’’ means a means-tested public benefits
program that is not a Federal means-tested pro-
gram.
SEC. 632. REQUIREMENTS FOR SPONSOR’S AFFIDAVIT OF
SUPPORT.
(a) IN GENERAL.—Title II is amended by inserting
after section 213 the following new section:
‘‘REQUIREMENTS FOR SPONSOR’S AFFIDAVIT OF SUPPORT
‘‘SEC. 213A. (a) ENFORCEABILITY.—(1) No affidavit
of support may be accepted by the Attorney General or
by any consular officer to establish that an alien is not
inadmissible as a public charge under section 212(a)(4)
unless such affidavit is executed as a contract—
‘‘(A) which is legally enforceable against the
sponsor by the Federal Government and by any
State (or any political subdivision of such State)
which provides any means-tested public benefits pro-
gram, but not later than 10 years after the alien last
receives any such benefit; and
‘‘(B) in which the sponsor agrees to submit to
the jurisdiction of any Federal or State court for the
purpose of actions brought under subsection (b)(2).
‘‘(2)(A) An affidavit of support shall be enforceable
with respect to benefits provided under any means-tested
public benefits program for an alien who is admitted to
297
Title VI, Subtitle C
the United States as the parent of a United States citizen
under section 512 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 sections 511 and 512
until—
‘‘(i) 7 years after the date the alien is lawfully
admitted to the United States for permanent resi-
dence, or
‘‘(ii) such time as the alien is naturalized as a
citizen of the United States,
whichever occurs first.
‘‘(C) An affidavit of support shall be enforceable with
respect to benefits provided under any means-tested public
benefits program for an alien who is admitted to the
United States as the minor child of a United States citizen
or lawful permanent resident under sections 511 and 512
until the child attains the age of 21 years.
‘‘(D)(1) Notwithstanding any other provision of this
paragraph, 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
298
Title VI, Subtitle C
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 qualifies.
‘‘(2) The Attorney General shall ensure that appro-
priate information pursuant to paragraph (1) is provided
to the System for Alien Verification of Eligibility (SAVE).
‘‘(b) 
REIMBURSEMENT
OF
GOVERNMENT
EX-
PENSES.—(1)(A) Upon notification that a sponsored alien
has received any benefit under any means-tested public
benefits program, the appropriate Federal, State, or local
official shall request reimbursement by the sponsor in the
amount of such assistance.
‘‘(B) The Attorney General, in consultation with the
Secretary of Health and Human Services, shall prescribe
such regulations as may be necessary to carry out sub-
paragraph (A).
‘‘(2) If within 45 days after requesting reimburse-
ment, the appropriate Federal, State, or local agency has
not received a response from the sponsor indicating a will-
ingness to commence payments, an action may be brought
against the sponsor pursuant to the affidavit of support.
‘‘(3) If the sponsor fails to abide by the repayment
terms established by such agency, the agency may, within
60 days of such failure, bring an action against the spon-
sor pursuant to the affidavit of support.
299
Title VI, Subtitle C
‘‘(4) No cause of action may be brought under this
subsection later than 10 years after the alien last received
any benefit under any means-tested public benefits pro-
gram.
‘‘(5) If, pursuant to the terms of this subsection, a
Federal, State, or local agency requests reimbursement
from the sponsor in the amount of assistance provided,
or brings an action against the sponsor pursuant to the
affidavit of support, the appropriate agency may appoint
or hire an individual or other person to act on behalf of
such agency acting under the authority of law for purposes
of collecting any moneys owed. Nothing in this subsection
shall preclude any appropriate Federal, State, or local
agency from directly requesting reimbursement from a
sponsor for the amount of assistance provided, or from
bringing an action against a sponsor pursuant to an affi-
davit of support.
‘‘(c) REMEDIES.—Remedies available to enforce an
affidavit of support under this section include any or all
of the remedies described in section 3201, 3203, 3204,
or 3205 of title 28, United States Code, as well as an
order for specific performance and payment of legal fees
and other costs of collection, and include corresponding
remedies available under State law. A Federal agency may
seek to collect amounts owed under this section in accord-
300
Title VI, Subtitle C
ance with the provisions of subchapter II of chapter 37
of title 31, United States Code.
‘‘(d) NOTIFICATION OF CHANGE OF ADDRESS.—(1)
The sponsor shall notify the Federal Government and the
State in which the sponsored alien is currently residing
within 30 days of any change of address of the sponsor
during the period specified in subsection (a)(1).
‘‘(2) Any person subject to the requirement of para-
graph (1) who fails to satisfy such requirement shall be
subject to a civil penalty of—
‘‘(A) not less than $250 or more than $2,000,
or
‘‘(B) if such failure occurs with knowledge that
the sponsored alien has received any benefit under
any means-tested public benefits program, not less
than $2,000 or more than $5,000.
‘‘(e) DEFINITIONS.—For the purposes of this sec-
tion—
‘‘(1) SPONSOR.—The term ‘sponsor’ means 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;
301
Title VI, Subtitle C
‘‘(D) demonstrates, through presentation
of a certified copy of a tax return or otherwise,
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 (in-
cluding the sponsored alien or aliens); and
‘‘(E) is the same individual who is petition-
ing for the admission of the sponsored alien
under section 204.
‘‘(2) FEDERAL
POVERTY
LINE.—The term
‘Federal poverty line’ means the income official pov-
erty line (as defined by the Office of Management
and Budget and revised annually in accordance with
section 673(2) of the Omnibus Budget Reconcili-
ation Act of 1981) that is applicable to a family 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 so-
cial services) of the Federal Government or of a
State or political subdivision of a State in which the
eligibility of an individual, household, or family eligi-
bility unit for benefits under the program, or the
amount of such benefits, or both are determined on
302
Title VI, Subtitle C
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
for a relative as an employment-based immigrant, see the
amendment made by section 611.
(c) SETTLEMENT OF CLAIMS PRIOR TO NATURALIZA-
TION.—Section 316(a) (8 U.S.C. 1427(a)) is amended—
(1) by striking ‘‘and’’ before ‘‘(3)’’, and
(2) by inserting before the period at the end the
following: ‘‘, and (4) in the case of an applicant that
has received assistance under a means-tested public
benefits program (as defined in subsection (f)(3) of
section 213A) administered by a Federal, State, or
local agency and with respect to which amounts may
be owing under an affidavit of support executed
under such section, provides satisfactory evidence
that there are no outstanding amounts that may be
owed to any such Federal, State, or local agency
pursuant to such affidavit by the sponsor who exe-
cuted such affidavit’’.
(d) 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.’’.
303
Title VII
(e) EFFECTIVE DATE.—Subsection (a) of section
213A of the Immigration and Nationality Act, as inserted
by subsection (a) of this section, shall apply to affidavits
of support executed on or after a date specified by the
Attorney General, which date shall be not earlier than 60
days (and not later than 90 days) after the date the Attor-
ney General formulates the form for such affidavits under
subsection (b) of such section.
(f) PROMULGATION OF FORM.—Not later than 90
days after the date of the enactment of this Act, the Attor-
ney General, in consultation with the Secretary of State
and the Secretary of Health and Human Services, shall
formulate an affidavit of support consistent with the provi-
sions of section 213A of the Immigration and Nationality
Act.
TITLE VII—FACILITATION OF
LEGAL ENTRY
TABLE OF CONTENTS OF TITLE
Sec. 701. Additional land border inspectors; infrastructure improvements.
Sec. 702. Commuter lane pilot programs.
Sec. 703. Preinspection at foreign airports.
Sec. 704. Training of airline personnel in detection of fraudulent documents.
Sec. 705. Change in limitation on collection of immigration user fees.
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-
304
Title VII
cles lawfully attempting to enter the United States,
the Attorney General and Secretary of the Treasury
shall increase, by approximately equal numbers in
each of the fiscal years 1996 and 1997, the number
of full-time land border inspectors assigned to active
duty by the Immigration and Naturalization Service
and the United States Customs Service to a level
adequate to assure full staffing during peak crossing
hours of all border crossing lanes now in use, under
construction, or whose construction has been author-
ized by Congress.
(2) DEPLOYMENT OF PERSONNEL.—The Attor-
ney General and the Secretary of the Treasury shall,
to the maximum extent practicable, ensure that the
personnel hired pursuant to this subsection shall be
deployed among the various Immigration and Natu-
ralization Service sectors in proportion to the num-
ber 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 improve-
ments to the infrastructure of the international land
borders of the United States necessary to expedite
305
Title VII
the inspection of persons and vehicles attempting to
lawfully enter the United States in accordance with
existing policies and procedures of the Immigration
and Naturalization Service, the United States Cus-
toms 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 Attor-
ney General, in consultation with the Committees on
the Judiciary of the House of Representatives and
the Senate, objectively determines the need to be
greatest or most immediate before the Attorney Gen-
eral may obligate funds for construction of any im-
provement otherwise located.
SEC. 702. COMMUTER LANE PILOT PROGRAMS.
(a) MAKING LAND BORDER INSPECTION FEE PER-
MANENT.—Section 286(q) (8 U.S.C. 1356) 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 Re-
306
Title VII
lated Agencies Appropriation Act, 1994 (P.L. 103–121,
107 Stat. 1161) is amended by striking the fourth proviso
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 established prior to the date of the
enactment of this section.
‘‘(2) Not later than November 1, 1995, and each sub-
sequent November 1, the Attorney General shall compile
data identifying—
307
Title VII
‘‘(A) the foreign airports which served as last
points of departure for aliens who arrived by air at
United States ports of entry without valid docu-
mentation during the preceding fiscal years,
‘‘(B) the number and nationality of such aliens
arriving from each such foreign airport, and
‘‘(C) the primary routes such aliens followed
from their country of origin to the United States.
‘‘(3) Subject to paragraph (4), not later than 4 years
after the date of enactment of this section, the Attorney
General, in consultation with the Secretary of State, shall
establish preinspection stations in at least 5 additional for-
eign airports which the Attorney General, in consultation
with the Secretary of State, determines based on the data
compiled under paragraph (2) and such other information
as may be available would most effectively reduce the
number of aliens who arrive from abroad by air at points
of entry within the United States without valid docu-
mentation. Such preinspection stations shall be in addition
to those established prior to or pursuant to paragraph (1).
‘‘(4) Prior to the establishment of a preinspection
station the Attorney General, in consultation with the Sec-
retary of State, shall ensure that—
308
Title VII
‘‘(A) employees of the United States stationed
at the preinspection station and their accompanying
family members will receive appropriate protection,
‘‘(B) such employees and their families will not
be subject to unreasonable risks to their welfare and
safety, and
‘‘(C) the country in which the preinspection sta-
tion is to be established maintains practices and pro-
cedures with respect to asylum seekers and refugees
in accordance with the Convention Relating to the
Status of Refugees (done at Geneva, July 28, 1951),
or the Protocol Relating to the Status of Refugees
(done at New York, January 31, 1967).
‘‘(b) ESTABLISHMENT
OF CARRIER CONSULTANT
PROGRAM.—The Attorney General shall assign additional
immigration officers to assist air carriers in the detection
of fraudulent documents at foreign airports which, based
on the records maintained pursuant to subsection (a)(2),
served as a point of departure for a significant number
of arrivals at United States ports of entry without valid
documentation, but where no preinspection station ex-
ists.’’.
(c) CLERICAL AMENDMENT.—The table of contents
is amended by inserting after the item relating to section
235 the following new item:
‘‘Sec. 235A. Preinspection at foreign airports.’’.
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Title VII
SEC. 704. TRAINING OF AIRLINE PERSONNEL IN DETEC-
TION OF FRAUDULENT DOCUMENTS.
(a) USE OF FUNDS.—Section 286(h)(2)(A) (8 U.S.C.
1356(h)(2)(A)) is amended—
(1) in clause (iv), by inserting ‘‘, including
training of, and technical assistance to, commercial
airline personnel on such detection’’ after ‘‘United
States’’, and
(2) by adding at the end the following:
‘‘The Attorney General shall provide for expenditures for
training and assistance described in clause (iv) in an
amount, for any fiscal year, not less than 5 percent of
the total of the expenses incurred that are described in
the previous sentence.’’.
(b) 
COMPLIANCE
WITH
DETECTION
REGULA-
TIONS.—Section 212(f) (8 U.S.C. 1182(f)) is amended by
adding at the end the following: ‘‘Whenever the Attorney
General finds that a commercial airline has failed to com-
ply with regulations of the Attorney General relating to
requirements of airlines for the detection of fraudulent
documents used by passengers traveling to the United
States (including the training of personnel in such detec-
tion), the Attorney General may suspend the entry of some
or all aliens transported to the United States by such air-
line.’’.
(c) EFFECTIVE DATES.—
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Title VIII
(1) The amendments made by subsection (a)
shall apply to expenses incurred during or after fis-
cal year 1996.
(2) The Attorney General shall first issue, in
proposed form, regulations referred to in the second
sentence of section 212(f) of the Immigration and
Nationality Act, as added by the amendment made
by subsection (b), by not later than 90 days after
the date of the enactment of this Act.
SEC. 705. CHANGE IN LIMITATION ON COLLECTION OF IM-
MIGRATION USER FEES.
(a) IN GENERAL.—Section 286(e)(1) (8 U.S.C.
1356(e)(1)) is amended by striking all that follows ‘‘any
passenger’’ and inserting ‘‘aboard an international ferry.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply to fees charged with respect to
immigration inspection or preinspection services rendered
in regard to arriving passengers using transportation for
which documents or tickets were issued after the date of
the enactment of this Act.
TITLE VIII—MISCELLANEOUS
PROVISIONS
TABLE OF CONTENTS OF TITLE
TITLE VIII—MISCELLANEOUS PROVISIONS
Sec. 801. Amended definition of aggravated felony.
Sec. 802. Amended definitions of ‘‘child’’ and ‘‘parent’’ to facilitate adoption of
children born out-of-wedlock.
311
Title VIII
Sec. 803. Authority to determine visa processing procedures.
Sec. 804. Waiver authority concerning notice of denial of application for visas.
Sec. 805. Treatment of Canadian landed immigrants.
Sec. 806. Changes relating to H–1B nonimmigrants.
Sec. 807. Validity of period of visas.
Sec. 808. Limitation on adjustment of status of individuals not lawfully present
in the United States.
Sec. 809. Limited access to certain confidential INS files.
Sec. 810. Nonimmigrant status for spouses and children of members of the
Armed Services.
Sec. 811. Commission report on fraud associated with birth certificates.
Sec. 812. Uniform vital statistics.
Sec. 813. Communication between State and local government agencies, and
the Immigration and Naturalization Service.
Sec. 814. Miscellaneous technical corrections.
SEC. 801. 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
(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(b) of the Immigration and Nationality Technical Cor-
rections Act of 1994 (Public Law 103–416) is amended
by adding at the end the following sentence: ‘‘Notwith-
standing any other provision of law, the term applies for
312
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all purposes to convictions entered before, on, or after the
date of enactment of this Act.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall be effective as if included in the enact-
ment of the Immigration and Nationality Technical Cor-
rections Act of 1994 (Public Law 103–416).
SEC. 802. AMENDED DEFINITIONS OF ‘‘CHILD’’ AND ‘‘PAR-
ENT’’ TO FACILITATE ADOPTION OF CHIL-
DREN BORN OUT-OF-WEDLOCK.
(a) IN
GENERAL.—Section 101(b) (8 U.S.C.
1101(b)(1)) is amended—
(1) in paragraph (1)(A), by striking ‘‘a legiti-
mate child’’ and inserting ‘‘a child born in wedlock’’,
and
(2) by paragraphs (1)(D) and (2), by striking
‘‘an illegitimate child’’ and inserting ‘‘a child born
out of wedlock’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall take effect on the date of the enact-
ment of this Act.
SEC. 803. AUTHORITY TO DETERMINE VISA PROCESSING
PROCEDURES.
(a) IN
GENERAL.—Section 202(a) (8 U.S.C.
1152(a)) is amended—
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Title VIII
(1) in paragraph (1), by striking ‘‘paragraph
(2)’’ and inserting ‘‘paragraphs (2) and (5)’’, and
(2) by adding at the end the following new
paragraph:
‘‘(5) CONSTRUCTION.—Nothing in paragraph
(1) shall be construed to limit the authority of the
Secretary of State to determine the procedures for
the processing of immigrant visa applications or the
locations where such applications will be processed.’’
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall apply to visas issued before, on, or
after the date of the enactment of this Act.
SEC. 804. WAIVER AUTHORITY CONCERNING NOTICE OF
DENIAL OF APPLICATION FOR VISAS.
Section 212(b) (8 U.S.C. 1182(b)) is amended—
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B);
(2) by striking ‘‘If’’ and inserting ‘‘(1) Subject
to paragraph (2), if’’; and
(3) by inserting at the end the following para-
graph:
‘‘(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).’’.
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Title VIII
SEC. 805. TREATMENT OF CANADIAN LANDED IMMIGRANTS.
Section 212(d)(4)(B) (8 U.S.C. 1182(d)(4)(B)) is
amended—
(1) by striking ‘‘and residents’’ and inserting ‘‘,
residents’’, and
(2) by striking ‘‘nationals,’’ and inserting ‘‘na-
tionals, and aliens who are granted permanent resi-
dence by the government of the foreign contiguous
territory and who are residing in that territory’’.
SEC. 806. CHANGES RELATING TO H–1B NONIMMIGRANTS.
(a) REMOVAL OF ANY REQUIREMENT FOR OBJEC-
TIVE WAGE SYSTEM
FOR ALL EMPLOYERS.—Section
212(n) (8 U.S.C. 1182(n)) is amended by adding at the
end the following new paragraph:
‘‘(3) For purposes of determining the actual wages
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.’’.
(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
following new subparagraph:
315
Title VIII
‘‘(E) In this subsection, the term ‘H–1B de-
pendent employer’ means, in the case of an employer
that has—
‘‘(i) fewer than 41 full-time equivalent em-
ployees who are employed in the United States,
if 
the 
employer 
employs 
or 
more
nonimmigrants 
under 
section
101(a)(15)(H)(i)(b), or
‘‘(ii) at least 41 such full-time equivalent
employees, if the number of nonimmigrants
under section 101(a)(15)(H)(i)(b) that the em-
ployer employs is equal to at least 10 percent
of number of full-time equivalent employees of
the employer who are employed in the United
States.
In applying this subparagraph, any group treated as
a single 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 under
this subparagraph. Aliens with respect to whom the
employer has filed such an application shall be treat-
ed as employees, and counted as nonimmigrants
under section 101(a)(15)(H)(i)(b), under this sub-
paragraph.’’.
316
Title VIII
(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 in subsection (a), is further amended by
adding at the end the following new paragraph:
‘‘(4) In carrying out this subsection in the case of
an employer that is not an H–1B-dependent employer—
‘‘(A) the employer is not required to post no-
tices at worksites that were not listed on the applica-
tion under paragraph (1) if the worksites are within
the area of intended employment listed on such ap-
plication; and
‘‘(B) if the employer has filed and had certified
an application under paragraph (1) with respect to
one or more nonimmigrants described in section
101(a)(15)(H)(i)(b) for one or more areas of em-
ployment—
‘‘(i) the employer is not required to file
and have certified an additional application
under paragraph (1) with respect to such a
nonimmigrant for an area of employment not
listed in the previous application because the
employer has placed one or more such
nonimmigrants in such a nonlisted area so long
as each such nonimmigrant is not placed in
317
Title VIII
such nonlisted areas for a period exceeding 45
workdays in any 12-month period and not to
exceed 90 workdays in any 36-month period,
and
‘‘(ii) the employer is not required to pay
per diem and transportation costs at any speci-
fied rates for work performed in such a
nonlisted area.’’.
(3) LIMITATION
ON
AUTHORITY
TO
INITIATE
COMPLAINTS
AND
CONDUCT
INVESTIGATIONS
FOR
NON-H–1B-DEPENDENT
EMPLOYERS.—Section
212(n)(2)(A) (8 U.S.C. 1182(n)(2)(A)) is amend-
ed—
(A) in the second sentence, by inserting be-
fore the period at the end the following: ‘‘, ex-
cept that the Secretary may only file such a
complaint in the case of an H–1B-dependent
employer (as defined in subparagraph (E))’’,
and
(B) by inserting after the second sentence
the following new sentence: ‘‘No investigation or
hearing shall be conducted with respect to an
employer that is not an H–1B-dependent em-
ployer except in response to a complaint filed
under the previous sentence.’’.
318
Title VIII
(4) DELAY PERMITTED FOR CERTIFICATION IN
THE CASE OF H–1B-DEPENDENT EMPLOYERS.—Sec-
tion 212(n)(1) (8 U.S.C. 1182(n)(1)) is amended by
inserting before the period at the end the following:
‘‘(or 30 days in the case of an employer which is an
H–1B dependent employer)’’.
(c) NO DISPLACEMENT
OF AMERICAN WORKERS
PERMITTED.—Section 212(n)(1) (8 U.S.C. 1182(n)(1)),
as amended by subsection (a), is amended by inserting
after subparagraph (E) the following new subparagraph:
‘‘(F)(i) At the time of filing the application, the
employer—
‘‘(I) within the 6 months preceding the
date of filing the application the employer has
not laid off protected individuals (within the
meaning of section 274B(a)(3)) with the same
qualifications and experience in the specific em-
ployment for which the nonimmigrant is being
sought, unless the employer pays an actual
wage to each nonimmigrant that is at least 110
percent of the median of the last wage earned
by the laid off employees, and
‘‘(II) within the 90 days following the date
of filing the application the employer will not
lay off protected individuals unless the employer
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Title VIII
pays an actual wage to each nonimmigrant that
is at least 110 percent of the median of the last
wage earned by the laid off employees.
‘‘(ii) In the case of an employer that is a job
contractor (within the meaning of regulations pro-
mulgated to carry out this subsection), the contrac-
tor shall not place the employee with another em-
ployer if the other employer would not meet the re-
quirements of clause (i) if the employee were an em-
ployee of that other employer.
‘‘(iii) For purposes of this subparagraph, the
term ‘laid off’, with respect to an employee—
‘‘(I) means the employee’s loss of employ-
ment, other than a discharge for cause, vol-
untary departure, or retirement, and
‘‘(II) does not include any situation in
which the employee involved is offered a similar
job opportunity with the same employer carry-
ing similar compensation and benefits as the
position from which the employee was laid off,
regardless of whether or not the employee ac-
cepts the offer.’’.
(d) EFFECTIVE DATES.—
(1) Except as otherwise provided in this sub-
section, the amendments made by this section shall
320
Title VIII
take effect on the date of the enactment of this Act
and shall apply to applications filed with the Sec-
retary of Labor on or after 30 days after the date
of the enactment of this Act.
(2) The amendments made by subsection (b)(3)
shall apply to complaints filed, and to investigations
or hearings initiated, on or after January 15, 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 amended
by inserting before the period at the end of the third sen-
tence the following: ‘‘; except that in the case of aliens
who are nationals of a foreign country and who either are
granted refugee status and firmly resettled in another for-
eign country or are granted permanent residence and re-
siding 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, respectively, in
the United States’’.
321
Title VIII
SEC. 808. LIMITATION ON ADJUSTMENT OF STATUS OF IN-
DIVIDUALS NOT LAWFULLY PRESENT IN THE
UNITED STATES.
(a) IN GENERAL.—Section 245(i) (8 U.S.C. 1255),
as added by section 506(b) of the Department of State
and Related Agencies Appropriations Act, 1995 (Public
Law 103–317, 108 Stat. 1765), is amended—
(1) in paragraph (1), by inserting ‘‘is not re-
quired to depart from the United States pursuant to
section 301 of the Immigration Act of 1990 and
who’’ after ‘‘who’’, and
(2) in paragraph (2)(A), by inserting ‘‘(notwith-
standing the ground of inadmissibility described in
section 212(a)(9))’’ after ‘‘for permanent residence’’.
(b) EFFECTIVE DATE.—(1) The amendment made by
subsection (a)(1) shall apply to applications for adjust-
ment of status filed after the date of the enactment of
this Act.
(2) The amendment made by subsection (a)(2) shall
take effect on the title III–A effective date (as defined in
section 309(a)).
SEC. 809. LIMITED ACCESS TO CERTAIN CONFIDENTIAL INS
FILES.
(a) LEGALIZATION PROGRAM.—Section 245A(c)(5)
(8 U.S.C. 1255a(c)(5)) is amended—
322
Title VIII
(1) by redesignating subparagraphs (A) through
(C) as clauses (i) through (iii), respectively;
(2) by striking ‘‘Neither’’ and inserting ‘‘(A)
Except as provided in this paragraph, neither’’;
(3) by redesignating the last sentence as sub-
paragraph (D);
(4) by striking the semicolon and inserting a
period;
(5) by striking ‘‘except that the’’ and inserting
the following:
‘‘(B) The’’;
(6) by inserting after subparagraph (B), as cre-
ated by the amendment made by paragraph (5), the
following:
‘‘(C) The Attorney General may authorize dis-
closure of information contained in the application of
the alien under this section to be used—
‘‘(i) for identification of the alien when
there is reason to believe that the alien has
been killed or severely incapacitated;
‘‘(ii) for criminal law enforcement purposes
against the alien whose application is to be dis-
closed if the alleged criminal activity occurred
after the legalization application was filed and
such activity involves terrorist activity or poses
323
Title VIII
either an immediate risk to life or to national
security, or would be prosecutable as an aggra-
vated felony, but without regard to the length
of sentence that could be imposed on the appli-
cant; or
‘‘(iii) for immigration enforcement pur-
poses but only if the information is the date or
disposition of the application.’’; and
(7) by adding at the end the following new sub-
paragraph:
‘‘(E) Nothing in this paragraph shall preclude
the release for immigration enforcement purposes of
the following information contained in files or
records of the Service pertaining to the application:
‘‘(i) The immigration status of the appli-
cant on any given date after the date of filing
the application (including whether the applicant
was authorized to work).
‘‘(ii) The date of the applicant’s adjust-
ment (if any) to the status of an alien lawfully
admitted for permanent residence.
‘‘(iii) Information concerning whether the
applicant has been convicted of a crime occur-
ring after the date of filing the application.’’.
324
Title VIII
(b) SPECIAL AGRICULTURAL WORKER PROGRAM.—
Section 210(b) of such Act (8 U.S.C. 1160(b)) is amend-
ed—
(1) in paragraph (5), by inserting ‘‘, except as
permitting under paragraph (6)(B)’’ after ‘‘consent
of the alien’’, and
(2) in paragraph (6)—
(A) by striking ‘‘Neither’’ and inserting
‘‘(A) Except as provided in subparagraph (B),
neither’’;
(B) by striking ‘‘Anyone’’ and inserting
the following:
‘‘(C) Anyone’’;
(C) by inserting after the first sentence the
following:
‘‘(B) The Attorney General may authorize dis-
closure of information contained in the application of
the alien to be used—
‘‘(i) for identification of the alien when
there is reason to believe that the alien has
been killed or severely incapacitated,
‘‘(ii) for criminal law enforcement purposes
against the alien whose application is to be dis-
closed if the alleged criminal activity occurred
after the special agricultural worker application
325
Title VIII
was filed and such activity involves terrorist ac-
tivity or poses either an immediate risk to life
or to national security, or would be prosecutable
as an aggravated felony, but without regard to
the length of sentence that could be imposed on
the applicant, or
‘‘(iii) for immigration enforcement pur-
poses but only if the information is the date or
disposition of the application.’’; and
(7) by adding at the end the following new sub-
paragraph:
‘‘(D) Nothing in this paragraph shall preclude
the release for immigration enforcement purposes of
the following information contained in files or
records of the Service pertaining to the application:
‘‘(i) The immigration status of the appli-
cant on any given date after the date of filing
the application (including whether the applicant
was authorized to work).
‘‘(ii) The date of the applicant’s adjust-
ment (if any) to the status of an alien lawfully
admitted for permanent residence.
‘‘(iii) Information concerning whether the
applicant has been convicted of a crime occur-
ring after the date of filing the application.’’.
326
Title VIII
SEC. 810. 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 sub-
paragraph (S), and
(3) by inserting after subparagraph (S) the fol-
lowing new subparagraph:
‘‘(T) an alien who is the spouse or child of a
another alien who is serving on active duty in the
Armed Forces of the United States during the pe-
riod in which the other alien is stationed in the
United States.’’.
SEC. 811. COMMISSION REPORT ON FRAUD ASSOCIATED
WITH BIRTH CERTIFICATES.
Section 141(c) of the Immigration Act of 1990 is
amended by adding at the end the following new para-
graph:
‘‘(3) REPORT ON REDUCTION OF FRAUD ASSO-
CIATED WITH BIRTH CERTIFICATES.—
‘‘(A) STUDY AND REPORT.—The Commis-
sion shall study and submit to Congress, by not
later than January 1, 1997, a report containing
327
Title VIII
recommendations (consistent with subparagraph
(B)) of methods of reducing or eliminating the
fraudulent use of birth certificate for the pur-
pose of obtaining other identity documents that
may be used in securing immigration, employ-
ment, and other benefits.
‘‘(B) 
CONSIDERATIONS.—In 
conducting
the study and making recommendations, the
Commission shall consider and analyze the fea-
sibility of—
‘‘(i) establishing national standards
for counterfeit-resistant birth certificates,
and
‘‘(ii) limiting the issuance of official
copies of a birth certificate of an individual
to anyone other than the individual or oth-
ers acting on behalf of the individual.’’.
SEC. 812. UNIFORM VITAL STATISTICS.
(a) PILOT PROGRAM.—The Secretary of Health and
Human Services shall consult with the State agency re-
sponsible for registration and certification of births and
deaths and, within 3 years of the date of enactment of
this Act, shall establish a pilot program for 3 of the 5
States with the largest number of undocumented aliens
of an electronic network linking the vital statistics records
328
Title VIII
of such States. The network shall provide, where practical,
for the matching of deaths with births and shall enable
the confirmation of births and deaths of citizens of such
States, or of aliens within such States, by any Federal
or State agency or official in the performance of official
duties. The Secretary and participating State agencies
shall institute measures to achieve uniform and accurate
reporting of vital statistics into the pilot program network,
to protect the integrity of the registration and certification
process, and to prevent fraud against the Government and
other persons through the use of false birth or death cer-
tificates.
(b) REPORT.—Not later than 180 days after the es-
tablishment of the pilot program under subsection (a), the
Secretary shall issue a written report to Congress with rec-
ommendations on how the pilot program could effectively
be instituted as a national network for the United States.
(c) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated for fiscal year 1996 and
for subsequent fiscal years such sums as may be necessary
to carry out this section.
329
Title VIII
SEC. 813. COMMUNICATION BETWEEN STATE AND LOCAL
GOVERNMENT AGENCIES, AND THE IMMIGRA-
TION AND NATURALIZATION SERVICE.
Notwithstanding any other provision of Federal,
State, or local law, no State or local government entity
shall prohibit, or in any way restrict, any government en-
tity or any official within its jurisdiction from sending to
or receiving from the Immigration and Naturalization
Service information regarding the immigration status,
lawful or unlawful, of an alien in the United States.
SEC. 814. MISCELLANEOUS TECHNICAL CORRECTIONS.
(a) AMENDMENTS RELATING TO PUBLIC LAW 103–
322 (VIOLENT CRIME CONTROL AND LAW ENFORCEMENT
ACT OF 1994).—
(1) Effective as if included in the enactment of
the Violent Crime Control and Law Enforcement
Act of 1994 (Public Law 103–322) (in this sub-
section 
referred 
to 
as 
‘‘VCCLEA’’), 
section
60024(1)(F) of such Act is amended by inserting
‘‘United States Code,’’ after ‘‘title 18,’’.
(2) Section 274(a)(2) (8 U.S.C. 1324(a)(2)), as
amended by section 60024(2) of VCCLEA, is
amended by striking the first period after ‘‘both’’.
(3) Effective as if included in the enactment of
VCCLEA, section 130003(b)(3) of such Act is
330
Title VIII
amended by striking ‘‘Naturalization’’ and inserting
‘‘Nationality’’.
(4)(A) Section 214 (8 U.S.C. 1184) is amended
by redesignating the subsection (j), added by section
130003(b)(2) of VCCLEA (108 Stat. 2025), and the
subsection (k), added by section 220(b) of the Immi-
gration and Nationality Technical Amendments Act
of 1994 (Public Law 103–416, 108 Stat. 4319), as
subsections (k) and (l), respectively.
(B) 
Section 
101(a)(15)(S) 
(8 
U.S.C.
1101(a)(15)(S)) is amended by striking ‘‘214(j)’’
and inserting ‘‘214(k)’’.
(5)(A) Section 245 (8 U.S.C. 1255) is amended
by redesignating the subsection (i) added by section
130003(c)(1) of VCCLEA as subsection (j).
(B) 
Section 
241(a)(2)(A)(i)(I) 
(8 
U.S.C.
1251(a)(2)(A)(i)(I)), 
as 
amended 
by 
section
130003(d) of VCCLEA and before redesignation by
section 305(2), is amended by striking ‘‘245(i)’’ and
inserting ‘‘245(j)’’.
(6) 
Section 
245(i)(3), 
as 
added 
by
§ 130003(c)(1) of VCCLEA, is amended by striking
‘‘paragraphs (1) or (2)’’ and inserting ‘‘paragraph
(1) or (2)’’.
331
Title VIII
(7) Section 130007(a) of VCCLEA is amended
by striking ‘‘242A(d)’’ and inserting ‘‘242A(a)(3)’’.
(8) The amendments made by this subsection
shall be effective as if included in the enactment of
the VCCLEA.
(b) AMENDMENTS RELATING TO IMMIGRATION AND
NATIONALITY TECHNICAL CORRECTIONS ACT OF 1994.—
(1) Section 101(d) of the Immigration and Na-
tionality Technical Corrections Act of 1994 (Public
Law 103–416) (in this subsection referred to as
‘‘INTCA’’) is amended—
(A) by striking ‘‘APPLICATION’’ and all
that follows through ‘‘This’’ and inserting ‘‘AP-
PLICABILITY
OF
TRANSMISSION
REQUIRE-
MENTS.—This’’;
(B) by striking ‘‘any residency or other re-
tention requirements for ’’ and inserting ‘‘the
application of any provision of law relating to
residence or physical presence in the United
States for purposes of transmitting United
States’’; and
(C) by striking ‘‘as in effect’’ and all that
follows through the end and inserting ‘‘to any
person whose claim is based on the amendment
332
Title VIII
made by subsection (a) or through whom such
a claim is derived.’’.
(2) Section 102 of INTCA is amended by add-
ing at the end the following new subsection:
‘‘(e) TRANSITION.—In applying the amendment made
by subsection (a) to children born before November 14,
1986, any reference in the matter inserted by such amend-
ment to ‘five years, at least two of which’ is deemed a
reference to ‘10 years, at least 5 of which’.’’.
(3) Section 351(a) (8 U.S.C. 1483(a)), as
amended by section 105(a)(2)(A) of INTCA, is
amended by striking the comma after ‘‘nationality’’.
(4) Section 207(2) of INTCA is amended by in-
serting a comma after ‘‘specified’’.
(5) Section 101(a)(43) (8 U.S.C. 1101(a)(43)
is amended—
(A) in subparagraph (K)(ii), by striking
the comma after ‘‘1588’’, and
(B) in subparagraph (O), by striking
‘‘suspicion’’and inserting ‘‘suspension’’.
(6) Section 273(b) (8 U.S.C. 1323(b)), as
amended by section 209(a) of INTCA, is amended
by striking ‘‘remain’’ and inserting ‘‘remains’’.
(7) Section 209(a)(1) of INTCA is amended by
striking ‘‘$3000’’ and inserting ‘‘$3,000’’.
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Title VIII
(8) Section 209(b) of INTCA is amended by
striking ‘‘subsection’’ and inserting ‘‘section’’.
(9) Section 217(f) (8 U.S.C. 1187(f)), as
amended by section 210 of INTCA, is amended by
adding a period at the end.
(10) Effective as if included in enactment of
§ 219(cc) of INTCA, section 204(a)(1)(C) of the Im-
migration Reform and Control Act of 1986 is
amended by striking ‘‘year 1993’’ the first place it
appears’’ and inserting ‘‘years 1993’’.
(11) Section 219(ee) of INTCA is amended by
adding at the end the following new paragraph:
‘‘(3) The amendments made by this section shall take
effect on the date of the enactment of this Act.’’.
(12) Paragraphs (4) and (6) of section 286(r)
(8 U.S.C. 1356(r)) are amended by inserting ‘‘the’’
before ‘‘Fund’’ each place it appears.
(13) Section 221 of INTCA is amended—
(A) by striking each semicolon and insert-
ing a comma,
(B) by striking ‘‘disasters.’’ and inserting
‘‘disasters,’’, and
(C) by striking ‘‘The official’’ and inserting
‘‘the official’’.
(14)(A) Section 225 of INTCA is amended—