270
sequences, under paragraph (6), of knowingly
filing a frivolous application for asylum; and
‘‘(B) provide the alien a list of persons
(updated not less often than quarterly) who
have indicated their availability to represent
aliens in asylum proceedings on a pro bono
basis.
‘‘(5) CONSIDERATION
OF
ASYLUM
APPLICA-
TIONS.—
‘‘(A) PROCEDURES.—The procedure estab-
lished under paragraph (1) shall provide that—
‘‘(i) asylum cannot be granted until
the identity of the applicant has been
checked against all appropriate records or
databases maintained by the Attorney Gen-
eral and by the Secretary of State, includ-
ing the Automated Visa Lookout System,
to determine any grounds on which the
alien may be inadmissible to or deportable
from the United States, or ineligible to
apply for or be granted asylum;
‘‘(ii) in the absence of exceptional cir-
cumstances, the initial interview or hearing
on the asylum application shall commence
271
not later than 45 days after the date an
application is filed;
‘‘(iii) in the absence of exceptional cir-
cumstances, final administrative adjudica-
tion of the asylum application, not includ-
ing administrative appeal, shall be com-
pleted within 180 days after the date an
application is filed;
‘‘(iv) any administrative appeal shall
be filed within 30 days of a decision grant-
ing or denying asylum, or within 30 days
of the completion of removal proceedings
before an immigration judge under section
240, whichever is later; and
‘‘(v) in the case of an applicant for
asylum who fails without prior authoriza-
tion or in the absence of exceptional cir-
cumstances to appear for an interview or
hearing, including a hearing under section
240, the application may be dismissed or
the applicant may be otherwise sanctioned
for such failure.
‘‘(B) ADDITIONAL
REGULATORY
CONDI-
TIONS.—The Attorney General may provide by
regulation for any other conditions or limita-
272
tions on the consideration of an application for
asylum not inconsistent with this Act.
‘‘(6) FRIVOLOUS APPLICATIONS.—
‘‘(A) IN GENERAL.—If the Attorney Gen-
eral determines that an alien has knowingly
made a frivolous application for asylum and the
alien has received the notice under paragraph
(4)(A), the alien shall be permanently ineligible
for any benefits under this Act, effective as of
the date of a final determination on such appli-
cation.
‘‘(B) MATERIAL MISREPRESENTATIONS.—
An application shall be considered to be frivo-
lous if the Attorney General determines that
the application contains a willful misrepresenta-
tion or concealment of a material fact.
‘‘(7) NO PRIVATE RIGHT OF ACTION.—Nothing
in this subsection shall be construed to create any
substantive or procedural right or benefit that is le-
gally enforceable by any party against the United
States or its agencies or officers or any other per-
son.’’.
(b) CONFORMING AND CLERICAL AMENDMENTS.—
(1) The item in the table of contents relating
to section 208 is amended to read as follows:
‘‘Sec. 208. Asylum.’’.
273
(2) Section 104(d)(1)(A) of the Immigration
Act of 1990 (Public Law 101–649) is amended by
striking ‘‘208(b)’’ and inserting ‘‘208’’.
(c) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply to applications for asylum filed
on or after the first day of the first month beginning more
than 180 days after the date of the enactment of this Act.
SEC. 512. FIXING NUMERICAL ADJUSTMENTS FOR ASYLEES
AT 10,000 EACH YEAR.
(a) IN
GENERAL.—Section 209(b) (8 U.S.C.
1159(b)) is amended by striking ‘‘Not more than’’ and
all that follows through ‘‘adjust’’ and inserting the follow-
ing: ‘‘The Attorney General, in the Attorney General’s dis-
cretion and under such regulations as the Attorney Gen-
eral may prescribe, and in a number not to exceed 10,000
aliens in any fiscal year, may adjust’’.
(b) CONFORMING AMENDMENT.—Section 207(a) (8
U.S.C. 1157(a)) is amended by striking paragraph (4).
(c) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect on October 1, 1996.
SEC. 513. INCREASE IN ASYLUM OFFICERS.
Subject to the availability of appropriations, the At-
torney General shall provide for an increase in the number
of asylum officers to at least 600 asylum officers by fiscal
year 1997.
274
TITLE VI—RESTRICTIONS ON
BENEFITS FOR ALIENS
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
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.
275
(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) With respect to the State authority to make
determinations concerning the eligibility of aliens for
public benefits, a State that chooses to follow the
Federal classification in determining the eligibility of
such aliens for public assistance shall be considered
to have chosen the least restrictive means available
for achieving the compelling government interest of
assuring that aliens be self-reliant in accordance
with national immigration policy.
277
(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 IDENTITY FOR FEDERAL
CONTRACTS, GRANTS, LOANS, LICENSES, AND PUBLIC
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 identity 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 identity under
paragraph (1) shall apply to the following Federal
278
public assistance programs (and include any succes-
sor to such a program as identified by the Attorney
General in consultation with other appropriate offi-
cials):
(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.
279
(3) DOCUMENTS THAT SHOW PROOF OF IDEN-
TITY.—
(A) IN GENERAL.—Any one of the docu-
ments described in subparagraph (B) may be
used as proof of identity under this subsection
if the document is current and valid. No other
document or documents shall be sufficient to
prove identity.
(B) DOCUMENTS DESCRIBED.—The docu-
ments described in this subparagraph are the
following:
(i) A United States passport (either
current or expired if issued both within the
previous 20 years and after the individual
attained 18 years of age).
(ii) A resident alien card.
(iii) A State driver’s license, if pre-
sented with the individual’s social security
account number card.
(iv) A State identity card, if presented
with the individual’s social security account
number card.
(d) AUTHORIZATION
FOR
STATES
TO
REQUIRE
PROOF OF ELIGIBILITY FOR STATE PROGRAMS.—In con-
sidering an application for contracts, grants, loans, li-
280
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.
(e) EXCEPTION FOR BATTERED ALIENS.—
(1) EXCEPTION.—The limitations on eligibility
for benefits under subsection (a) or (b) shall not
apply to an alien if—
(A)(i) the alien has been battered or sub-
ject to extreme cruelty in the United States by
a spouse or parent, or by a member of the
spouse or parent’s family residing in the same
household as the alien and the spouse or parent
consented or acquiesced to such battery or cru-
elty, or
(ii) the alien’s child has been battered or
subject to extreme cruelty in the United States
by a spouse or parent of the alien (without the
active participation of the alien in the battery
or extreme cruelty) or by a member of the
spouse or parent’s family residing in the same
household as the alien when the spouse or par-
ent consented or acquiesced to, and the alien
did not actively participate in, such battery or
cruelty; and
281
(B)(i) the alien has petitioned (or petitions
within 45 days after the first application for as-
sistance subject to the limitations under sub-
section (a) or (b)) for—
(I) status as a spouse or child of a
United States citizen pursuant to clause
(ii), (iii), or (iv) of section 204(a)(1)(A) of
the Immigration and Nationality Act,
(II) classification pursuant to clauses
(ii) or (iii) of section 204(a)(1)(B) of such
Act, or
(III) cancellation of removal and ad-
justment of status pursuant to section
240A(b)(2) of such Act ; or
(ii) the alien is the beneficiary of a petition
filed for status as a spouse or child of a United
States citizen pursuant to clause (i) of section
204(a)(1)(A) of the Immigration and National-
ity Act, or of a petition filed for classification
pursuant to clause (i) of section 204(a)(1)(B)
of such Act.
(2) TERMINATION OF EXCEPTION.—The excep-
tion under paragraph (1) shall terminate if no com-
plete petition which sets forth a prima facie case is
282
filed pursuant to the requirement of paragraph
(1)(B) or (1)(C) or when an petition is denied.
SEC. 602. MAKING UNAUTHORIZED ALIENS INELIGIBLE
FOR UNEMPLOYMENT BENEFITS.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, no unemployment benefits shall be payable
(in whole or in part) out of Federal funds to the extent
the benefits are attributable to any employment of the
alien in the United States for which the alien was not
granted employment authorization pursuant to Federal
law.
(b) PROCEDURES.—Entities responsible for providing
unemployment benefits subject to the restrictions of this
section shall make such inquiries as may be necessary to
assure that recipients of such benefits are eligible consist-
ent 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
283
of symptoms of communicable diseases, whether or
not such symptoms are actually caused by a commu-
nicable disease.
(3) SHORT-TERM
EMERGENCY
RELIEF.—The
provision of non-cash, in-kind, short-term emergency
relief.
(4) FAMILY VIOLENCE SERVICES.—The provi-
sion of any services directly related to assisting the
victims of domestic violence or child abuse.
(5) SCHOOL
LUNCH
ACT.—Programs carried
out under the National School Lunch Act (and any
successor to such a program as identified by the At-
torney General in consultation with other appro-
priate officials).
(6) CHILD NUTRITION ACT.—Programs of as-
sistance under the Child Nutrition Act of 1966 (and
any successor to such a program as identified by the
Attorney General in consultation with other appro-
priate officials).
(7) HEAD
START
PROGRAM.—Benefits under
the Head Start Act.
SEC. 604. TREATMENT OF EXPENSES SUBJECT TO EMER-
GENCY MEDICAL SERVICES EXCEPTION.
(a) IN GENERAL.—Subject to such amounts as are
provided in advance in appropriation Acts, each State or
284
local government that provides emergency medical services
(as defined for purposes of section 603(1)) through a pub-
lic hospital or other public facility (including a nonprofit
hospital that is eligible for an additional payment adjust-
ment under section 1886 of the Social Security Act) or
through contract with another hospital or facility to an
individual who is an alien not lawfully present in the Unit-
ed States is entitled to receive payment from the Federal
Government of its costs of providing such services, but
only to the extent that such costs are not otherwise reim-
bursed through any other Federal program and cannot be
recovered from the alien or another person.
(b) CONFIRMATION OF IMMIGRATION STATUS RE-
QUIRED.—No payment shall be made under this section
with respect to services furnished to an individual unless
the identity and immigration status of the individual has
been verified with the Immigration and Naturalization
Service in accordance with procedures established by the
Attorney General.
(c) ADMINISTRATION.—This section shall be adminis-
tered by the Attorney General, in consultation with the
Secretary of Health and Human Services.
(d) EFFECTIVE DATE.—Subsection (a) shall not
apply to emergency medical services furnished before Oc-
tober 1, 1995.
285
SEC. 605. 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,
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. 606. VERIFICATION OF STUDENT ELIGIBILITY FOR
POSTSECONDARY FEDERAL STUDENT FINAN-
CIAL ASSISTANCE.
No student shall be eligible for postsecondary Federal
student financial assistance unless the student has cer-
tified that the student is a citizen or national of the United
States or an alien lawfully admitted for permanent resi-
dence and the Secretary of Education has verified such
certification through an appropriate procedure determined
by the Attorney General.
286
SEC. 607. PAYMENT OF PUBLIC ASSISTANCE BENEFITS.
In carrying out this part, the payment or provision
of benefits (other than those described in section 603
under a program of assistance described in section
601(a)(1)) shall be made only through an individual or
person who is not ineligible to receive such benefits under
such program on the basis of immigration status pursuant
to the requirements and limitations of this part.
SEC. 608. DEFINITIONS.
For purposes of this part:
(1) LAWFUL PRESENCE.—The determination of
whether an alien is lawfully present in the United
States shall be made in accordance with regulations
of the Attorney General. An alien shall not be 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. 609. REGULATIONS AND EFFECTIVE DATES.
(a) REGULATIONS.—The Attorney General shall first
issue regulations to carry out this part (other than section
287
605) by not later than 60 days after the date of the enact-
ment of this Act. Such regulations shall take effect on an
interim basis, pending change after opportunity for public
comment.
(b) EFFECTIVE DATE FOR RESTRICTIONS ON ELIGI-
BILITY FOR PUBLIC BENEFITS.—(1) Except as provided
in this subsection, section 601 shall apply to benefits 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 that 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
288
than 60 days, after the date the Attorney General first
issues such regulations.
(2) The Attorney General, in carrying out section
602, may permit such section to be waived in the case
of an individual during a continuous period of unemploy-
ment for whom an application for unemployment benefits
is pending as of a date that is on or before the effective
date specified under paragraph (1).
(d) BROAD DISSEMINATION OF INFORMATION.—Be-
fore the effective dates specified in subsections (b) and (c),
the Attorney General shall broadly disseminate informa-
tion regarding the restrictions on eligibility established
under this part.
PART 2—HOUSING ASSISTANCE
SEC. 611. ACTIONS IN CASES OF TERMINATION OF FINAN-
CIAL ASSISTANCE.
(a) IN GENERAL.—Section 214(c)(1) of the Housing
and Community Development Act of 1980 (42 U.S.C.
1436a(c)(1)) is amended—
(1) in the matter preceding subparagraph (A),
by striking ‘‘may, in its discretion,’’ and inserting
‘‘shall’’;
(2) in subparagraph (A), by inserting after the
period at the end the following new sentence: ‘‘Fi-
nancial assistance continued under this subpara-
289
graph for a family may be provided only on a pro-
rated basis under which the amount of financial as-
sistance is based on the percentage of the total num-
ber of members of the family that are eligible for
such assistance under the program for financial as-
sistance and this section.’’; and
(3) in subparagraph (B), by striking ‘‘6-month
period’’ and all that follows through ‘‘affordable
housing’’ and inserting ‘‘single 3-month period’’.
(b) SCOPE OF APPLICATION.—The amendment made
by subsection (a)(3) shall apply to any deferral granted
under section 214(c)(1)(B) of the Housing and Commu-
nity Development Act of 1980 on or after the date of the
enactment of this Act, including any renewal of any defer-
ral initially granted before such date of enactment, except
that a public housing agency or other entity referred to
in such section 214(c)(1)(B) may not renew, after such
date of enactment, any deferral which was granted under
such section before such date and has been effective for
at least 3 months on and after such date.
SEC. 612. VERIFICATION OF IMMIGRATION STATUS AND
ELIGIBILITY FOR FINANCIAL ASSISTANCE.
Section 214(d) of the Housing and Community De-
velopment Act of 1980 (42 U.S.C. 1436a(d)) is amend-
ed—
290
(1) in the matter preceding paragraph (1), by
inserting ‘‘or to be’’ after ‘‘being’’;
(2) in paragraph (1)(A), by inserting at the end
the following new sentences: ‘‘If the declaration
states that the individual is not a citizen or national
of the United States, the declaration shall be verified
by the Immigration and Naturalization Service. If
the declaration states that the individual is a citizen
or national of the United States, the Secretary shall
request verification of the declaration by requiring
presentation of documentation the Secretary consid-
ers appropriate, including a social security card, cer-
tificate of birth, driver’s license, or other documenta-
tion.’’;
(3) in paragraph (2)—
(A) in the matter preceding subparagraph
(A), by striking ‘‘on the date of the enactment
of the Housing and Community Development
Act of 1987’’ and inserting ‘‘or applying for fi-
nancial assistance’’; and
(B) by inserting at the end the following
new sentence:
‘‘In the case of an individual applying for financial
assistance, the Secretary may not provide such as-
sistance for the benefit of the individual before such
291
documentation is presented and verified under para-
graph (3) or (4).’’;
(4) in paragraph (4)—
(A) in the matter preceding subparagraph
(A), by striking ‘‘on the date of the enactment
of the Housing and Community Development
Act of 1987’’ and inserting ‘‘or applying for fi-
nancial assistance’’;
(B) in subparagraph (A)—
(i) in clause (i)—
(I) by inserting ‘‘, not to exceed
30 days,’’ after ‘‘reasonable oppor-
tunity’’; and
(II) by striking ‘‘and’’ at the end;
and
(ii) by striking clause (ii) and insert-
ing the following new clauses:
‘‘(ii) in the case of any individual who
is already receiving assistance, may not
delay, deny, reduce, or terminate the indi-
vidual’s eligibility for financial assistance
on the basis of the individual’s immigra-
tion status until such 30-day period has
expired, and
292
‘‘(iii) in the case of any individual who
is applying for financial assistance, may
not deny the application for such assist-
ance on the basis of the individual’s immi-
gration status until such 30-day period has
expired; and’’; and
(C) in subparagraph (B), by striking clause
(ii) and inserting the following new clause:
‘‘(ii) pending such verification or ap-
peal, the Secretary may not—
‘‘(I) in the case of any individual
who is already receiving assistance,
delay, deny, reduce, or terminate the
individual’s eligibility for financial as-
sistance on the basis of the individ-
ual’s immigration status, and
‘‘(II) in the case of any individ-
ual who is applying for financial as-
sistance, deny the application for such
assistance on the basis of the individ-
ual’s immigration status, and’’;
(5) in paragraph (5), by striking all that follows
‘‘satisfactory immigration status’’ and inserting the
following: ‘‘, the Secretary shall—
293
‘‘(A) deny the individual’s application for
financial assistance or terminate the individ-
ual’s eligibility for financial assistance, as the
case may be; and
‘‘(B) provide the individual with written
notice of the determination under this para-
graph.’’; and
(6) by striking paragraph (6) and inserting the
following new paragraph:
‘‘(6) The Secretary shall terminate the eligi-
bility for financial assistance of an individual and
the members of the household of the individual, for
a period of not less than 24 months, upon determin-
ing that such individual has knowingly permitted an-
other individual who is not eligible for such assist-
ance to use the assistance (including residence in the
unit assisted).’’.
SEC. 613. PROHIBITION OF SANCTIONS AGAINST ENTITIES
MAKING 
FINANCIAL 
ASSISTANCE 
ELIGI-
BILITY DETERMINATIONS.
Section 214(e)(4) of the Housing and Community
Development Act of 1980 (42 U.S.C. 1436a(e)(4)) is
amended—
(1) in paragraph (2), by inserting ‘‘or’’ at the
end;
294
(2) in paragraph (3), by striking ‘‘, or’’ at the
end and inserting a period; and
(3) by striking paragraph (4).
SEC. 614. REGULATIONS.
(a) ISSUANCE.—Not later than the expiration of the
60-day period beginning on the date of the enactment of
this Act, the Secretary of Housing and Urban Develop-
ment shall issue any regulations necessary to implement
the amendments made by this part. Such regulations shall
be issued in the form of an interim final rule, which shall
take effect upon issuance and shall not be subject to the
provisions of section 533 of title 5, United States Code,
regarding notice or an opportunity for comment.
(b) FAILURE TO ISSUE.—If the Secretary fails to
issue the regulations required under subsection (a) before
the expiration of the period referred to in such subsection,
the regulations relating to restrictions on assistance to
noncitizens, contained in the final rule issued by the Sec-
retary of Housing and Urban Development in RIN 2501–
AA63 (Docket No. R-95–1409; FR–2383–F–050), pub-
lished in the Federal Register of March 20, 1995 (Vol.
60., No. 53; pp. 14824–14861), shall not apply after the
expiration of such period.
295
PART 3—PUBLIC EDUCATION BENEFITS
SEC. 616. AUTHORIZING STATES TO DENY PUBLIC EDU-
CATION BENEFITS TO ALIENS NOT LAW-
FULLY PRESENT IN THE UNITED STATES.
(a) IN GENERAL.—The Immigration and Nationality
Act, as amended by section 321(a)(2), is amended by add-
ing at the end the following new title:
‘‘TITLE VI—DISQUALIFICATION OF ALIENS NOT
LAWFULLY 
PRESENT 
IN 
THE 
UNITED
STATES FROM CERTAIN PROGRAM
‘‘CONGRESSIONAL POLICY REGARDING INELIGIBILITY OF
ALIENS NOT LAWFULLY PRESENT IN THE UNITED
STATES FOR PUBLIC EDUCATION BENEFITS
‘‘SEC. 601. (a) Because Congress views that the right
to a free public education for aliens who are not lawfully
present in the United States promotes violations of the
immigration laws and because such a free public education
for such aliens creates a significant burden on States’
economies and depletes States’ limited educational re-
sources, Congress declares it to be the policy of the United
States that—
‘‘(1) aliens who are not lawfully present in the
United States not be entitled to public education
benefits in the same manner as United States citi-
zens and lawful resident aliens; and
296
‘‘(2) States should not be obligated to provide
public education benefits to aliens who are not law-
fully present in the United States.
‘‘(b) Nothing in this section shall be construed as ex-
pressing any statement of Federal policy with regard to—
‘‘(1) aliens who are lawfully present in the
United States, or
‘‘(2) benefits other than public education bene-
fits provided under State law.
‘‘AUTHORITY OF STATES
‘‘SEC. 602. (a) In order to carry out the policies de-
scribed in section 601, each State may provide that an
alien who is not lawfully present in the United States is
not eligible for public education benefits in the State or,
at the option of the State, may be treated as a non-resi-
dent of the State for purposes of provision of such
benefits.
‘‘(b) For purposes of subsection (a), an individual
shall be considered to be not lawfully present in the United
States unless the individual (or, in the case of an individ-
ual who is a child, another on the child’s behalf)—
‘‘(1) declares in writing under penalty of per-
jury that the individual (or child) is a citizen or na-
tional of the United States and (if required by a
State) presents evidence of United States citizenship
or nationality; or
297
‘‘(2)(A) declares in writing under penalty of
perjury that the individual (or child) is not a citizen
or national of the United States but is lawfully
present in the United States, and
‘‘(B) presents either—
‘‘(i) alien registration documentation or
other proof of immigration registration from
the Service, or
‘‘(ii) such other documents as the State de-
termines constitutes reasonable evidence indi-
cating that the individual (or child) is lawfully
present in the United States.
If the documentation described in paragraph (2)(B)(i) is
presented, the State may (at its option) verify with the
Service the alien’s immigration status through a system
described in section 1137(d)(3) of the Social Security Act
(42 U.S.C. 1320b–7(d)(3)).
‘‘(c) If a State denies public education benefits under
this section with respect to an alien, the State shall pro-
vide the alien with an opportunity for a fair hearing to
establish that the alien is lawfully present in the United
States, consistent with subsection (b) and Federal immi-
gration law.’’.
298
(b) CLERICAL AMENDMENT.—The table of contents,
as amended by section 321(a)(1), is amended by adding
at the end the following new items:
‘‘TITLE VI—DISQUALIFICATION OF ALIENS NOT LAWFULLY
PRESENT IN THE UNITED STATES FROM CERTAIN PROGRAM
‘‘Sec. 601. Congressional policy regarding ineligibility of aliens not lawfully
present in the United States for public education benefits.
‘‘Sec. 602. Authority of States.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall take effect as of the date of the enact-
ment of this Act.
Subtitle B—Expansion of Disquali-
fication From Immigration Ben-
efits on the Basis of Public
Charge
SEC. 621. GROUND FOR INADMISSIBILITY.
(a) IN GENERAL.—Paragraph (4) of section 212(a)
(8 U.S.C. 1182(a)) is amended to read as follows:
‘‘(4) PUBLIC CHARGE.—
‘‘(A) FAMILY-SPONSORED
IMMIGRANTS.—
Any alien who seeks admission or adjustment of
status under a visa number issued under sec-
tion 203(a), who cannot demonstrate to the
consular officer at the time of application for a
visa, or to the Attorney General at the time of
application for admission or adjustment of sta-
tus, that the alien’s age, health, family status,
299
assets, resources, financial status, education,
skills, or a combination thereof, and an affida-
vit of support described in section 213A, make
it unlikely that the alien will become a public
charge 
(as 
determined 
under 
section
241(a)(5)(B)) is inadmissible.
‘‘(B) CERTAIN EMPLOYMENT-BASED IMMI-
GRANTS.—Any alien who seeks admission or ad-
justment of status under a visa number issued
under section 203(b) by virtue of a classifica-
tion petition filed by a relative of the alien (or
by an entity in which such relative has a signifi-
cant ownership interest) is inadmissible unless
such relative has executed an affidavit of sup-
port described in section 213A with respect to
such alien.’’.
(b) EFFECTIVE DATE.—(1) Subject to paragraph
(2), the amendment made by subsection (a) shall apply
to applications submitted on or after such date, not earlier
than 30 days and not later than 60 days after the date
the Attorney General promulgates under section 632(f) a
standard form for an affidavit of support, as the Attorney
General shall specify.
(2) Section 212(a)(4)(C)(i) of the Immigration and
Nationality Act, as amended by subsection (a), shall apply
300
only to aliens seeking admission or adjustment of status
under a visa number issued on or after October 1, 1996.
SEC. 622. GROUND FOR DEPORTABILITY.
(a) IN GENERAL.—Paragraph (5) of subsection (a)
of section 241 (8 U.S.C. 1251(a)), before redesignation
as section 237 by section 305(a)(2), is amended to read
as follows:
‘‘(5) PUBLIC CHARGE.—
‘‘(A) IN GENERAL.—Any alien who, within
7 years after the date of entry or admission, be-
comes a public charge is deportable.
‘‘(B) EXCEPTIONS.—(i) Subparagraph (A)
shall not apply if the alien establishes that the
alien has become a public charge from causes
that arose after entry or admission. A condition
that the alien knew (or had reason to know) ex-
isted at the time of entry or admission shall be
deemed to be a cause that arose before entry or
admission.
‘‘(ii) The Attorney General, in the discre-
tion of the Attorney General, may waive the ap-
plication of subparagraph (A) in the case of an
alien who is admitted as a refugee under sec-
tion 207 or granted asylum under section 208.
301
‘‘(C) INDIVIDUALS
TREATED
AS
PUBLIC
CHARGE.—
‘‘(i) IN
GENERAL.—For purposes of
this title, an alien is deemed to be a ‘public
charge’ if the alien receives benefits (other
than benefits described in subparagraph
(E)) under one or more of the public as-
sistance programs described in subpara-
graph (D) for an aggregate period, except
as provided in clauses (ii) and (iii), of at
least 12 months within 7 years after the
date of entry. The previous sentence shall
not be construed as excluding any other
bases for considering an alien to be a pub-
lic charge, including bases in effect on the
day before the date of the enactment of the
Immigration in the National Interest Act
of 1996. The Attorney General, in con-
sultation with the Secretary of Health and
Human Services, shall establish rules re-
garding the counting of health benefits de-
scribed in subparagraph (D)(iv) for pur-
poses of this subparagraph.
‘‘(ii) DETERMINATION WITH RESPECT
TO BATTERED WOMEN AND CHILDREN.—
302
For purposes of a determination under
clause (i) and except as provided in clause
(iii), the aggregate period shall be 48
months within 7 years after the date of
entry if the alien can demonstrate that (I)
the alien has been battered or subject to
extreme cruelty in the United States by a
spouse or parent, or by a member of the
spouse or parent’s family residing in the
same household as the alien and the
spouse or parent consented or acquiesced
to such battery or cruelty, or (II) the
alien’s child has been battered or subject
to extreme cruelty in the United States by
a spouse or parent of the alien (without
the active participation of the alien in the
battery or extreme cruelty), or by a mem-
ber of the spouse or parent’s family resid-
ing in the same household as the alien
when the spouse or parent consented or ac-
quiesced to and the alien did not actively
participate in such battery or cruelty, and
the need for the public benefits received
has a substantial connection to the battery
303
or cruelty described in subclause (I) or
(II).
‘‘(iii) SPECIAL
RULE
FOR
ONGOING
BATTERY OR CRUELTY.—For purposes of a
determination under clause (i), the aggre-
gate period may exceed 48 months within
7 years after the date of entry if the alien
can demonstrate that any battery or cru-
elty under clause (ii) is ongoing, has led to
the issuance of an order of a judge or an
administrative law judge or a prior deter-
mination of the Service, and that the need
for the benefits received has a substantial
connection to such battery or cruelty.
‘‘(D) PUBLIC
ASSISTANCE
PROGRAMS.—
For purposes of subparagraph (B), the public
assistance programs described in this subpara-
graph are the following (and include any suc-
cessor to such a program as identified by the
Attorney General in consultation with other ap-
propriate officials):
‘‘(i) SSI.—The supplemental security
income program under title XVI of the So-
cial Security Act, including State supple-
304
mentary benefits programs referred to in
such title.
‘‘(ii) AFDC.—The program of aid to
families with dependent children under
part A or E of title IV of the Social Secu-
rity Act.
‘‘(iii) MEDICAID.—The program of
medical assistance under title XIX of the
Social Security Act.
‘‘(iv) FOOD
STAMPS.—The program
under the Food Stamp Act of 1977.
‘‘(v) STATE
GENERAL
CASH
ASSIST-
ANCE.—A program of general cash assist-
ance of any State or political subdivision of
a State.
‘‘(vi) HOUSING ASSISTANCE.—Finan-
cial assistance as defined in section 214(b)
of the Housing and Community Develop-
ment Act of 1980.
‘‘(E) CERTAIN ASSISTANCE EXCEPTED.—
For purposes of subparagraph (B), an alien
shall not be considered to be a public charge on
the basis of receipt of any of the following bene-
fits:
305
‘‘(i) 
EMERGENCY
MEDICAL
SERV-
ICES.—The provision of emergency medical
services (as defined by the Attorney Gen-
eral in consultation with the Secretary of
Health and Human Services).
‘‘(ii) 
PUBLIC
HEALTH
IMMUNIZA-
TIONS.—Public health assistance for im-
munizations with respect to immunizable
diseases and for testing and treatment for
communicable diseases.
‘‘(iii) SHORT-TERM
EMERGENCY
RE-
LIEF.—The provision of non-cash, in-kind,
short-term emergency relief.’’.
(b) EFFECTIVE DATE.—(1) The amendment made by
subsection (a) shall take effect as of the first day of the
first month beginning at least 30 days after the date of
the enactment of this Act.
(2) In applying section 241(a)(5)(C) of the Immigra-
tion and Nationality Act (which is subsequently redesig-
nated as section 237(a)(5)(C) of such Act), as amended
by subsection (a), no receipt of benefits under a public
assistance program before the effective date described in
paragraph (1) shall be taken into account.
306
Subtitle C—Attribution of Income
and Affidavits of Support
SEC. 631. ATTRIBUTION OF SPONSOR’S INCOME AND RE-
SOURCES 
TO 
FAMILY-SPONSORED 
IMMI-
GRANTS.
(a) FEDERAL PROGRAMS.—
(1) IN GENERAL.—Notwithstanding any other
provision of law (except as provided in paragraph
(2)), in determining the eligibility and the amount of
benefits of an alien for any Federal means-tested
public benefits program (as defined in subsection
(d)) the income and resources of the alien shall be
deemed to include—
(A) the income and resources of any indi-
vidual who executed an affidavit of support pur-
suant to section 213A of the Immigration and
Nationality Act (as inserted by section 632(a))
in behalf of such alien, and
(B) the income and resources of the spouse
(if any) of the individual.
(2) EXCEPTIONS.—Paragraph (1) shall not
apply to the following:
(A) Medical assistance provided for emer-
gency medical services under title XIX of the
Social Security Act.
307
(B) The provision of short-term, non-cash,
in kind emergency relief.
(C) Benefits under the National School
Lunch Act.
(D) Assistance under the Child Nutrition
Act of 1966.
(E) Public health assistance for immuniza-
tions with respect to immunizable diseases and
for testing and treatment for communicable dis-
eases.
(F) The provision of services directly relat-
ed to assisting the victims of domestic violence
or child abuse.
(G) Benefits under programs of student
assistance under titles IV, V, IX, and X of the
Higher Education Act of 1965 and titles III,
VII, and VIII of the Public Health Service Act.
(H) Benefits under means-tested programs
under the Elementary and Secondary Education
Act of 1965.
(I) Benefits under the Head Start Act.
(b) PERIOD OF ATTRIBUTION.—
(1) PARENTS OF UNITED STATES CITIZENS AND
ADULT
SONS
AND
DAUGHTERS
OF
CITIZENS
AND
PERMANENT
RESIDENTS.—Subsection 
(a) 
shall
308
apply with respect to an alien who is admitted to the
United States as the parent of a United States citi-
zen under section 201(b)(2) of the Immigration and
Nationality Act, or as the son or daughter of a citi-
zen or lawful permanent resident under paragraph
(1) or (3) of section 203(a) of such Act, until the
alien is naturalized as a citizen of the United States.
(2) SPOUSES OF UNITED STATES CITIZENS AND
LAWFUL
PERMANENT
RESIDENTS.—Subsection (a)
shall apply with respect to an alien who is admitted
to the United States as the spouse of a United
States citizen or lawful permanent resident under
section 201(b)(2) of 203(a)(1) of the Immigration
and Nationality Act until—
(A) 7 years after the date the alien is law-
fully admitted to the United States for perma-
nent residence, or
(B) the alien is naturalized as a citizen of
the United States,
whichever occurs first.
(3) MINOR CHILDREN OF UNITED STATES CITI-
ZENS AND LAWFUL PERMANENT RESIDENTS.—Sub-
section (a) shall apply with respect to an alien who
is admitted to the United States as the minor child
309
of a United States citizen or lawful permanent resident
under section 201(b)(2) of 203(a)(1) of the Immigration
and Nationality Act until the child attains the age of 21
years or, if earlier, the date the child is naturalized as
a citizen of the United States.
(4) ATTRIBUTION OF SPONSOR’S INCOME AND
RESOURCES ENDED IF SPONSORED ALIEN BECOMES
ELIGIBLE FOR OLD-AGE BENEFITS UNDER TITLE II
OF THE SOCIAL SECURITY ACT.—
(A) Notwithstanding any other provision of
this section, subsection (a) shall not apply and
the period of attribution of a sponsor’s income
and resources under this subsection shall termi-
nate if the alien is able to prove to the satisfac-
tion of the Attorney General that the alien has
been employed for 40 qualifying quarters of
coverage as defined under title II of the Social
Security Act and the alien did not receive any
benefit under a means-tested public benefits
program of (or contributed to by) the Federal
Government during any such quarter.
(B) The Attorney General shall ensure
that appropriate information pursuant to sub-
paragraph (A) is provided to the System for
Alien Verification of Eligibility (SAVE).
310
(5) BATTERED WOMEN AND CHILDREN.—Not-
withstanding any other provision of this section, sub-
sections (a) and (c) shall not apply and the period
of attribution of the income and resources of any in-
dividual under paragraphs (1) or (2) of subsection
(a) or paragraph (1) shall not apply—
(A) for up to 48 months if the alien can
demonstrate that (i) the alien has been battered
or subject to extreme cruelty in the United
States by a spouse or parent, or by a member
of the spouse or parent’s family residing in the
same household as the alien and the spouse or
parent consented or acquiesced to such battery
or cruelty, or (ii) the alien’s child has been bat-
tered or subject to extreme cruelty in the Unit-
ed States by a spouse or parent of the alien
(without the active participation of the alien in
the battery or extreme cruelty), or by a member
of the spouse or parent’s family residing in the
same household as the alien when the spouse
or parent consented or acquiesced to and the
alien did not actively participate in such battery
or cruelty, and need for the public benefits ap-
plied for has a substantial connection to the
311
battery or cruelty described in clause (i) or (ii);
and
(B) for more than 48 months if the alien
can demonstrate that any battery or cruelty
under subparagraph (A) is ongoing, has led to
the issuance of an order of a judge or an ad-
ministrative law judge or a prior determination
of the Service, and that need for such benefits
has a substantial connection to such battery or
cruelty.
(c) OPTIONAL APPLICATION TO STATE PROGRAMS.—
(1) AUTHORITY.—Notwithstanding any other
provision of law, in determining the eligibility and
the amount of benefits of an alien for any State
means-tested public benefits program, the State or
political subdivision that offers the program is au-
thorized to provide that the income and resources of
the alien shall be deemed to include—
(A) the income and resources of any indi-
vidual who executed an affidavit of support pur-
suant to section 213A of the Immigration and
Nationality Act (as inserted by section 632(a))
in behalf of such alien, and
(B) the income and resources of the spouse
(if any) of the individual.
312
(2) PERIOD OF ATTRIBUTION.—The period of
attribution of a sponsor’s income and resources in
determining the eligibility and amount of benefits
for an alien under any State means-tested public
benefits program pursuant to paragraph (1) may not
exceed the Federal period of attribution with respect
to the alien.
(d) MEANS-TESTED PROGRAM DEFINED.—In this
section:
(1) The term ‘‘means-tested public benefits pro-
gram’’ means a program of public benefits (includ-
ing cash, medical, housing, and food assistance and
social services) of the Federal Government or of a
State or political subdivision of a State in which the
eligibility of an individual, household, or family eligi-
bility unit for benefits under the program, or the
amount of such benefits, or both are determined on
the basis of income, resources, or financial need of
the individual, household, or unit.
(2) The term ‘‘Federal means-tested public ben-
efits program’’ means a means-tested public benefits
program of (or contributed to by) the Federal Gov-
ernment.
(3) The term ‘‘State means-tested public bene-
fits program’’ means a means-tested public benefits
313
program that is not a Federal means-tested pro-
gram.
SEC. 632. REQUIREMENTS FOR SPONSOR’S AFFIDAVIT OF
SUPPORT.
(a) IN GENERAL.—Title II is amended by inserting
after section 213 the following new section:
‘‘REQUIREMENTS FOR SPONSOR’S AFFIDAVIT OF SUPPORT
‘‘SEC. 213A. (a) ENFORCEABILITY.—(1) No affidavit
of support may be accepted by the Attorney General or
by any consular officer to establish that an alien is not
inadmissible as a public charge under section 212(a)(4)
unless such affidavit is executed by a sponsor of the alien
as a contract—
‘‘(A) that is legally enforceable against the
sponsor by the Federal Government and by any
State (or any political subdivision of such State)
that provides any means-tested public benefits pro-
gram, subject to subsection (b)(4); and
‘‘(B) in which the sponsor agrees to submit to
the jurisdiction of any Federal or State court for the
purpose of actions brought under subsection (b)(2).
‘‘(2)(A) An affidavit of support shall be enforceable
with respect to benefits provided under any means-tested
public benefits program for an alien who is admitted to
the United States as the parent of a United States citizen
314
under section 201(b)(2) until the alien is naturalized as
a citizen of the United States.
‘‘(B) An affidavit of support shall be enforceable with
respect to benefits provided under any means-tested public
benefits program for an alien who is admitted to the Unit-
ed States as the spouse of a United States citizen or lawful
permanent resident under section 201(b)(2) or 203(a)(2)
until—
‘‘(i) 7 years after the date the alien is lawfully
admitted to the United States for permanent resi-
dence, or
‘‘(ii) such time as the alien is naturalized as a
citizen of the United States,
whichever occurs first.
‘‘(C) An affidavit of support shall be enforceable with
respect to benefits provided under any means-tested public
benefits program for an alien who is admitted to the Unit-
ed States as the minor child of a United States citizen
or lawful permanent resident under section 201(b)(2) or
section 203(a)(2) until the child attains the age of 21
years.
‘‘(D)(i) Notwithstanding any other provision of this
subparagraph, a sponsor shall be relieved of any liability
under an affidavit of support if the sponsored alien is able
to prove to the satisfaction of the Attorney General that
315
the alien has been employed for 40 qualifying quarters of
coverage as defined under title II of the Social Security
Act and the alien did not receive any benefit under a
means-tested public benefits program of (or contributed
to by) the Federal Government during any such quarter.
‘‘(ii) The Attorney General shall ensure that appro-
priate information pursuant to clause (i) is provided to
the System for Alien Verification of Eligibility (SAVE).
‘‘(b) 
REIMBURSEMENT
OF
GOVERNMENT
EX-
PENSES.—(1)(A) Upon notification that a sponsored alien
has received any benefit under any means-tested public
benefits program, the appropriate Federal, State, or local
official shall request reimbursement by the sponsor in the
amount of such assistance.
‘‘(B) The Attorney General, in consultation with the
Secretary of Health and Human Services, shall prescribe
such regulations as may be necessary to carry out sub-
paragraph (A).
‘‘(2) If within 45 days after requesting reimburse-
ment, the appropriate Federal, State, or local agency has
not received a response from the sponsor indicating a will-
ingness to commence payments, an action may be brought
against the sponsor pursuant to the affidavit of support.
‘‘(3) If the sponsor fails to abide by the repayment
terms established by such agency, the agency may, within
316
60 days of such failure, bring an action against the spon-
sor pursuant to the affidavit of support.
‘‘(4) No cause of action may be brought under this
subsection later than 10 years after the alien last received
any benefit under any means-tested public benefits pro-
gram.
‘‘(5) If, pursuant to the terms of this subsection, a
Federal, State, or local agency requests reimbursement
from the sponsor in the amount of assistance provided,
or brings an action against the sponsor pursuant to the
affidavit of support, the appropriate agency may appoint
or hire an individual or other person to act on behalf of
such agency acting under the authority of law for purposes
of collecting any moneys owed. Nothing in this subsection
shall preclude any appropriate Federal, State, or local
agency from directly requesting reimbursement from a
sponsor for the amount of assistance provided, or from
bringing an action against a sponsor pursuant to an affi-
davit of support.
‘‘(c) REMEDIES.—Remedies available to enforce an
affidavit of support under this section include any or all
of the remedies described in section 3201, 3203, 3204,
or 3205 of title 28, United States Code, as well as an
order for specific performance and payment of legal fees
and other costs of collection, and include corresponding
317
remedies available under State law. A Federal agency may
seek to collect amounts owed under this section in accord-
ance with the provisions of subchapter II of chapter 37
of title 31, United States Code.
‘‘(d) NOTIFICATION OF CHANGE OF ADDRESS.—(1)
The sponsor of an alien shall notify the Federal Govern-
ment and the State in which the sponsored alien is cur-
rently residing within 30 days of any change of address
of the sponsor during the period specified in subsection
(a)(1).
‘‘(2) Any person subject to the requirement of para-
graph (1) who fails to satisfy such requirement shall be
subject to a civil penalty of—
‘‘(A) not less than $250 or more than $2,000,
or
‘‘(B) if such failure occurs with knowledge that
the sponsored alien has received any benefit under
any means-tested public benefits program, not less
than $2,000 or more than $5,000.
‘‘(e) DEFINITIONS.—For the purposes of this sec-
tion—
‘‘(1) SPONSOR.—The term ‘sponsor’ means,
with respect to an alien, an individual who—
318
‘‘(A) is a citizen or national of the United
States or an alien who is lawfully admitted to
the United States for permanent residence;
‘‘(B) is 18 years of age or over;
‘‘(C) is domiciled in any State;
‘‘(D) demonstrates, through presentation
of a certified copy of an individual’s Federal in-
come tax returns for the individual’s most re-
cent two taxable years and a written statement,
executed under oath or as permitted under pen-
alty of perjury under section 1746 of title 28,
United States Code, that the copies are accu-
rate copies of such returns, (i) the means to
maintain an annual income equal to at least
200 percent of the poverty level for the individ-
ual and the individual’s family (including the
alien and any other aliens with respect to whom
the individual is a sponsor), or (ii) for an indi-
vidual who is on active duty (other than active
duty for training) in the Armed Forces of the
United States, the means to maintain an an-
nual income equal to at least 100 percent of the
poverty level for the individual and the individ-
ual’s family including the alien and any other
319
aliens with respect to whom the individual is a
sponsor); and
‘‘(E) is petitioning for the admission of the
alien under section 204 (or is an individual who
is a United States citizen and who accepts joint
and several liability with the petitioner).
‘‘(2) FEDERAL
POVERTY
LINE.—The term
‘Federal poverty line’ means the income official pov-
erty line (as defined in section 673(2) of the Com-
munity Services Block Grant Act) that is applicable
to a family of the size involved.
‘‘(3) MEANS-TESTED
PUBLIC
BENEFITS
PRO-
GRAM.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the term ‘means-tested public bene-
fits program’ means a program of public bene-
fits (including cash, medical, housing, and food
assistance and social services) of the Federal
Government or of a State or political subdivi-
sion of a State in which the eligibility of an in-
dividual, household, or family eligibility unit for
benefits under the program, or the amount of
such benefits, or both are determined on the
basis of income, resources, or financial need of
the individual, household, or unit.
320
‘‘(B) EXCEPTIONS.—Such term does not
include the following benefits:
‘‘(i) Medical assistance provided for
emergency medical services under title XIX
of the Social Security Act.
‘‘(ii) The provision of short-term, non-
cash, in kind emergency relief.
‘‘(iii) Benefits under the National
School Lunch Act.
‘‘(iv) Assistance under the Child Nu-
trition Act of 1966.
‘‘(v) Public health assistance for im-
munizations with respect to immunizable
diseases and for testing and treatment for
communicable diseases.
‘‘(vi) The provision of services directly
related to assisting the victims of domestic
violence or child abuse.
‘‘(vii) Benefits under programs of stu-
dent assistance under titles IV, V, IX, and
X of the Higher Education Act of 1965
and titles III, VII, and VIII of the Public
Health Service Act.
321
‘‘(viii) Benefits under means-tested
programs under the Elementary and Sec-
ondary Education Act of 1965.
‘‘(ix) Benefits under the Head Start
Act.’’.
(b) REQUIREMENT
OF
AFFIDAVIT
OF
SUPPORT
FROM EMPLOYMENT SPONSORS.—For requirement for af-
fidavit of support from individuals who file classification
petitions for a relative as an employment-based immi-
grant, see the amendment made by section 621(a).
(c) SETTLEMENT OF CLAIMS PRIOR TO NATURALIZA-
TION.—Section 316 (8 U.S.C. 1427) is amended—
(1) in subsection (a), by striking ‘‘and’’ before
‘‘(3)’’, and by inserting before the period at the end
the following: ‘‘, and (4) in the case of an applicant
that has received assistance under a means-tested
public benefits program (as defined in subsection
(f)(3) of section 213A) administered by a Federal,
State, or local agency and with respect to which
amounts may be owing under an affidavit of support
executed under such section, provides satisfactory
evidence that there are no outstanding amounts that
may be owed to any such Federal, State, or local
agency pursuant to such affidavit by the sponsor
322
who executed such affidavit, except as provided in
subsection (g)’’; and
(2) by adding at the end the following new sub-
section:
‘‘(g) Clause (4) of subsection (a) shall not apply to
an applicant where the applicant can demonstrate that—
‘‘(A) either—
‘‘(i) the applicant has been battered or
subject to extreme cruelty in the United States
by a spouse or parent or by a member of the
spouse or parent’s family residing in the same
household as the applicant and the spouse or
parent consented or acquiesced to such battery
or cruelty, or
‘‘(ii) the applicant’s child has been bat-
tered or subject to extreme cruelty in the Unit-
ed States by the applicant’s spouse or parent
(without the active participation of the appli-
cant in the battery or extreme cruelty), or by a
member of the spouse or parent’s family resid-
ing in the same household as the applicant
when the spouse or parent consented or acqui-
esced to and the applicant did not actively par-
ticipate in such battery or cruelty;
323
‘‘(B) such battery or cruelty has led to the issu-
ance of an order of a judge or an administrative law
judge or a prior determination of the Service; and
‘‘(C) the need for the public benefits received as
to which amounts are owing had a substantial con-
nection to the battery or cruelty described in sub-
paragraph (A).’’.
(d) CLERICAL AMENDMENT.—The table of contents
is amended by inserting after the item relating to section
213 the following:
‘‘Sec. 213A.
Requirements for sponsor’s affidavit of support.’’.
(e) EFFECTIVE DATE.—Subsection (a) of section
213A of the Immigration and Nationality Act, as inserted
by subsection (a) of this section, shall apply to affidavits
of support executed on or after a date specified by the
Attorney General, which date shall be not earlier than 60
days (and not later than 90 days) after the date the Attor-
ney General formulates the form for such affidavits under
subsection (f) of this section.
(f) PROMULGATION OF FORM.—Not later than 90
days after the date of the enactment of this Act, the Attor-
ney General, in consultation with the Secretary of State
and the Secretary of Health and Human Services, shall
promulgate a standard form for an affidavit of support
consistent with the provisions of section 213A of the Im-
migration and Nationality Act.
324
SEC. 633. COSIGNATURE OF ALIEN STUDENT LOANS.
Section 484(b) of the Higher Education Act of 1965
(20 U.S.C. 1091(b)) is amended by adding at the end the
following new paragraph:
‘‘(6) 
Notwithstanding 
sections 
427(a)(2)(A),
428B(a), 428C(b)(4)(A), and 464(c)(1)(E), a student who
is an alien lawfully admitted under the Immigration and
Nationality Act, otherwise eligible for student financial as-
sistance under this title, and for whom an affidavit of sup-
port has been provided under section 213A of such Act
shall not be eligible for a loan under this title unless the
loan is endorsed and cosigned by the alien’s sponsor under
such section or by another credit-worthy individual who
is a citizen or national of the United States.’’.
SEC. 634. STATUTORY CONSTRUCTION.
Nothing in this title may be construed as an entitle-
ment or a determination of an individual’s eligibility or
fulfillment of the requisite requirements for any Federal,
State, or local governmental program, assistance, or bene-
fits. For purposes of this title, eligibility relates only to
the general issue of eligibility or ineligibility on the basis
of alienage.
325
TITLE VII—FACILITATION OF
LEGAL ENTRY
SEC. 701. ADDITIONAL LAND BORDER INSPECTORS; INFRA-
STRUCTURE IMPROVEMENTS.
(a) INCREASED PERSONNEL.—
(1) IN GENERAL.—In order to eliminate undue
delay in the thorough inspection of persons and vehi-
cles lawfully attempting to enter the United States,
the Attorney General shall increase, by approxi-
mately equal numbers in each of the fiscal years
1996 and 1997, the number of full-time land border
inspectors assigned to active duty by the Immigra-
tion and Naturalization Service to a level adequate
to assure full staffing during peak crossing hours of
all border crossing lanes now in use, under construc-
tion, or construction of which has been authorized
by Congress.
(2) DEPLOYMENT OF PERSONNEL.—The Attor-
ney General shall, to the maximum extent prac-
ticable, ensure that the personnel hired pursuant to
this subsection shall be deployed among the various
Immigration and Naturalization Service sectors in
proportion to the number of land border crossings
measured in each such sector during the preceding
fiscal year.
326
(b) IMPROVED INFRASTRUCTURE.—
(1) IN GENERAL.—The Attorney General from
time to time may identify those physical improve-
ments to the infrastructure of the international land
borders of the United States necessary to expedite
the inspection by the Immigration and Naturaliza-
tion Service of persons and vehicles attempting to
lawfully enter the United States in accordance with
existing policies and procedures of the Immigration
and Naturalization Service and the Drug Enforce-
ment Agency.
(2) PRIORITIES.—Such improvements to the in-
frastructure of the land border of the United States
shall be substantially completed and fully funded in
those portions of the United States where the Attor-
ney General, in consultation with the Committees on
the Judiciary of the House of Representatives and
the Senate, objectively determines the need to be
greatest or most immediate before the Attorney Gen-
eral may obligate funds for construction of any im-
provement otherwise located.
SEC. 702. COMMUTER LANE PILOT PROGRAMS.
(a) MAKING LAND BORDER INSPECTION FEE PER-
MANENT.—Section 286(q) (8 U.S.C. 1356(q)) is amend-
ed—
327
(1) in paragraph (1), by striking ‘‘a project’’
and inserting ‘‘projects’’;
(2) in paragraph (1), by striking ‘‘Such
project’’ and inserting ‘‘Such projects’’; and
(3) by striking paragraph (5).
(b) CONFORMING AMENDMENT.—The Departments
of Commerce, Justice, and State, the Judiciary, and Re-
lated Agencies Appropriation Act, 1994 (Public Law 103–
121, 107 Stat. 1161) is amended by striking the fourth
proviso under the heading ‘‘Immigration and Naturaliza-
tion Service, Salaries and Expenses’’.
SEC. 703. PREINSPECTION AT FOREIGN AIRPORTS.
(a) IN GENERAL.—The Immigration and Nationality
Act is amended by inserting after section 235 the following
new section:
‘‘PREINSPECTION AT FOREIGN AIRPORTS
‘‘SEC. 
235A. 
(a) 
ESTABLISHMENT
OF
PRE-
INSPECTION STATIONS.—(1) Subject to paragraph (4),
not later than 2 years after the date of the enactment of
this section, the Attorney General, in consultation with the
Secretary of State, shall establish and maintain
preinspection stations in at least 5 of the foreign airports
that are among the 10 foreign airports which the Attorney
General identifies as serving as last points of departure
for the greatest numbers of passengers who arrive from
abroad by air at ports of entry within the United States.
328
Such preinspection stations shall be in addition to any
preinspection stations established prior to the date of the
enactment of this section.
‘‘(2) Not later than November 1, 1995, and each sub-
sequent November 1, the Attorney General shall compile
data identifying—
‘‘(A) the foreign airports which served as last
points of departure for aliens who arrived by air at
United States ports of entry without valid docu-
mentation during the preceding fiscal years,
‘‘(B) the number and nationality of such aliens
arriving from each such foreign airport, and
‘‘(C) the primary routes such aliens followed
from their country of origin to the United States.
‘‘(3) Subject to paragraph (4), not later than 4 years
after the date of enactment of this section, the Attorney
General, in consultation with the Secretary of State, shall
establish preinspection stations in at least 5 additional for-
eign airports which the Attorney General, in consultation
with the Secretary of State, determines based on the data
compiled under paragraph (2) and such other information
as may be available would most effectively reduce the
number of aliens who arrive from abroad by air at points
of entry within the United States without valid docu-
329
mentation. Such preinspection stations shall be in addition
to those established prior to or pursuant to paragraph (1).
‘‘(4) Prior to the establishment of a preinspection
station the Attorney General, in consultation with the Sec-
retary of State, shall ensure that—
‘‘(A) employees of the United States stationed
at the preinspection station and their accompanying
family members will receive appropriate protection,
‘‘(B) such employees and their families will not
be subject to unreasonable risks to their welfare and
safety, and
‘‘(C) the country in which the preinspection sta-
tion is to be established maintains practices and pro-
cedures with respect to asylum seekers and refugees
in accordance with the Convention Relating to the
Status of Refugees (done at Geneva, July 28, 1951),
or the Protocol Relating to the Status of Refugees
(done at New York, January 31, 1967).
‘‘(b) ESTABLISHMENT
OF CARRIER CONSULTANT
PROGRAM.—The Attorney General shall assign additional
immigration officers to assist air carriers in the detection
of fraudulent documents at foreign airports which, based
on the records maintained pursuant to subsection (a)(2),
served as a point of departure for a significant number
of arrivals at United States ports of entry without valid
330
documentation, but where no preinspection station ex-
ists.’’.
(b) CLERICAL AMENDMENT.—The table of contents,
as amended by section 308(a)(2), is further amended by
inserting after the item relating to section 235 the follow-
ing new item:
‘‘Sec. 235A.
Preinspection at foreign airports.’’.
SEC. 704. TRAINING OF AIRLINE PERSONNEL IN DETEC-
TION OF FRAUDULENT DOCUMENTS.
(a) USE OF FUNDS.—Section 286(h)(2)(A) (8 U.S.C.
1356(h)(2)(A)) is amended—
(1) in clause (iv), by inserting ‘‘, including
training of, and technical assistance to, commercial
airline personnel regarding such detection’’ after
‘‘United States’’, and
(2) by adding at the end the following:
‘‘The Attorney General shall provide for expenditures for
training and assistance described in clause (iv) in an
amount, for any fiscal year, not less than 5 percent of
the total of the expenses incurred that are described in
the previous sentence.’’.
(b) 
COMPLIANCE
WITH
DETECTION
REGULA-
TIONS.—Section 212(f) (8 U.S.C. 1182(f)) is amended by
adding at the end the following: ‘‘Whenever the Attorney
General finds that a commercial airline has failed to com-
ply with regulations of the Attorney General relating to
331
requirements of airlines for the detection of fraudulent
documents used by passengers traveling to the United
States (including the training of personnel in such detec-
tion), the Attorney General may suspend the entry of some
or all aliens transported to the United States by such air-
line.’’.
(c) EFFECTIVE DATES.—
(1) The amendments made by subsection (a)
shall apply to expenses incurred during or after fis-
cal year 1996.
(2) The Attorney General shall first issue, in
proposed form, regulations referred to in the second
sentence of section 212(f) of the Immigration and
Nationality Act, as added by the amendment made
by subsection (b), by not later than 90 days after
the date of the enactment of this Act.
TITLE VIII—MISCELLANEOUS
PROVISIONS
Subtitle A—Amendments to the
Immigration and Nationality Act
SEC. 801. NONIMMIGRANT STATUS FOR SPOUSES AND CHIL-
DREN OF MEMBERS OF THE ARMED SERV-
ICES.
Section 101(a)(15) (8 U.S.C. 1101(a)(15)) is amend-
ed—
332
(1) by striking ‘‘or’’ at the end of subparagraph
(R),
(2) by striking the period at the end of sub-
paragraph (S) and inserting ‘‘; or’’, and
(3) by inserting after subparagraph (S) the fol-
lowing new subparagraph:
‘‘(T) an alien who is the spouse or child of a
another alien who is serving on active duty in the
Armed Forces of the United States during the pe-
riod in which the other alien is stationed in the
United States.’’.
SEC. 802. AMENDED DEFINITION OF AGGRAVATED FELONY.
(a) IN GENERAL.—Section 101(a)(43) (8 U.S.C.
1101(a)(43)), as amended by section 222 of the Immigra-
tion and Nationality Technical Corrections Act of 1994
(Public Law 103–416), is amended—
(1) in subparagraph (N), by striking ‘‘of title
18, United States Code’’ and inserting ‘‘of this Act’’,
and
(2) in subparagraph (O), by striking ‘‘which
constitutes’’ and all that follows up to the semicolon
at the end and inserting ‘‘, for the purpose of com-
mercial advantage’’.
(b) EFFECTIVE DATE
OF CONVICTION.—Section
101(a)(43) (8 U.S.C. 1101(a)(43)), as amended by section
333
222(a) of the Immigration and Nationality Technical Cor-
rections Act of 1994 (Public Law 103–416), is amended
by adding at the end the following sentence: ‘‘Notwith-
standing any other provision of law, the term applies for
all purposes to convictions entered before, on, or after the
date of enactment of the Immigration and Nationality
Technical Corrections Act of 1994.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall be effective as if included in the enact-
ment of the Immigration and Nationality Technical Cor-
rections Act of 1994 (Public Law 103–416).
SEC. 803. AUTHORITY TO DETERMINE VISA PROCESSING
PROCEDURES.
(a) IN
GENERAL.—Section 202(a) (8 U.S.C.
1152(a)) is amended—
(1) in paragraph (1), by striking ‘‘paragraph
(2)’’ and inserting ‘‘paragraphs (2) and (5)’’, and
(2) by adding at the end the following new
paragraph:
‘‘(5) CONSTRUCTION.—Nothing in paragraph
(1) shall be construed to limit the authority of the
Secretary of State to determine the procedures for
the processing of immigrant visa applications or the
locations where such applications will be processed.’’.
334
(b) ELIMINATION
OF CONSULATE SHOPPING
FOR
VISA OVERSTAYS.—Section 222 (8 U.S.C. 1202) is
amended by adding at the end the following new sub-
section:
‘‘(g) In the case of an alien who has entered and re-
mained in the United States beyond the authorized period
of stay, the alien is not eligible to be admitted to the Unit-
ed States as a nonimmigrant on the basis of a visa issued
other than in a consular office located in the country of
the alien’s nationality (or, if there is no office in such
country, at such other consular office as the Secretary of
State shall specify).’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply to visas issued before, on, or after
the date of the enactment of this Act.
SEC. 804. WAIVER AUTHORITY CONCERNING NOTICE OF
DENIAL OF APPLICATION FOR VISAS.
Section 212(b) (8 U.S.C. 1182(b)) is amended—
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B);
(2) by striking ‘‘If’’ and inserting ‘‘(1) Subject
to paragraph (2), if’’; and
(3) by inserting at the end the following para-
graph:
335
‘‘(2) With respect to applications for visas, the Sec-
retary of State may waive the application of paragraph
(1) in the case of a particular alien or any class or classes
of aliens inadmissible under subsection (a)(2) or (a)(3).’’.
SEC. 805. TREATMENT OF CANADIAN LANDED IMMIGRANTS.
Section 212(d)(4)(B) (8 U.S.C. 1182(d)(4)(B)) is
amended—
(1) by striking ‘‘and residents’’ and inserting ‘‘,
residents’’, and
(2) by striking ‘‘nationals,’’ and inserting ‘‘na-
tionals, and aliens who are granted permanent resi-
dence by the government of the foreign contiguous
territory and who are residing in that territory’’.
SEC. 806. CHANGES RELATING TO H–1B NONIMMIGRANTS.
(a) PROVISIONS RELATING TO WAGE DETERMINA-
TIONS.—Section 212(n) (8 U.S.C. 1182(n)) is amended
by adding at the end the following new paragraphs:
‘‘(3) For purposes of determining the actual wage
level paid under paragraph (1)(A)(i)(I), an employer shall
not be required to have and document an objective system
to determine the wages of workers.
‘‘(4) For purposes of determining the actual wage
level paid under paragraph (1)(A)(i)(I), a non-H–1B-de-
pendent employer of more than 1,000 full-time equivalent
employees in the United States may demonstrate that in
336
determining the wages of H–1B nonimmigrants, it utilizes
a compensation and benefits system that has been pre-
viously certified by the Secretary of Labor (and recertified
at such intervals the Secretary of Labor may designate)
to satisfy all of the following conditions:
‘‘(A) The employer has a company-wide com-
pensation policy for its full-time equivalent employ-
ees which ensures salary equity among employees
similarly employed.
‘‘(B) The employer has a company-wide benefits
policy under which all full-time equivalent employees
similarly employed are eligible for substantially the
same benefits or under which some employees may
accept higher pay, at least equal in value to the ben-
efits, in lieu of benefits.
‘‘(C) The compensation and benefits policy is
communicated to all employees.
‘‘(D) The employer has a human resources or
compensation function that administers its com-
pensation system.
‘‘(E) The employer has established documenta-
tion for the job categories in question.
An employer’s payment of wages consistent with a system
which meets the conditions of subparagraphs (A) through
(E) of this paragraph which has been certified by the Sec-
337
retary of Labor pursuant to this paragraph shall be
deemed to satisfy the requirements of paragraph
(1)(A)(i)(I).
‘‘(5) For purposes of determining the prevailing wage
level paid under paragraph (1)(A)(i)(II), employers may
provide a published survey, a State Employment Security
Agency determination, a determination by an accepted pri-
vate source, or any other legitimate source. The Secretary
of Labor shall, not later than 180 days from the date of
enactment of this paragraph, provide for acceptance of
prevailing wage determinations not made by a State Em-
ployment Security Agency. The Secretary of Labor or the
Secretary’s designate must either accept such a non-State
Employment Security Agency wage determination or issue
a written decision rejecting the determination and detail-
ing the legitimate reasons that the determination is not
acceptable. If a detailed rejection is not issued within 45
days of the date of the Secretary’s receipt of such deter-
mination, the determination will be deemed accepted. An
employer’s payment of wages consistent with a prevailing
wage determination not rejected by the Secretary of Labor
under this paragraph shall be deemed to satisfy the re-
quirements of paragraph (1)(A)(i)(II).’’.
(b) INAPPLICABILITY OF CERTAIN REGULATIONS TO
NON-H–1B-DEPENDENT EMPLOYERS.—
338
(1) DEFINITION
OF
H–1B-DEPENDENT
EM-
PLOYER.—Section 212(n)(2) (8 U.S.C. 1182(n)(2))
is amended by inserting after subparagraph (D) the
following new subparagraphs:
‘‘(E) In this subsection, the term ‘H–1B-dependent
employer’ means an employer that—
‘‘(i)(I) has fewer than 21 full-time equivalent
employees who are employed in the United States,
and (II) employs 4 or more H–1B nonimmigrants;
or
‘‘(ii)(I) has at least 21 but not more than 150
full-time equivalent employees who are employed in
the United States, and (II) employs H–1B
nonimmigrants in a number that is equal to at least
20 percent of the number of such full-time equiva-
lent employees; or
‘‘(iii)(I) has at least 151 full-time equivalent
employees who are employed in the United States,
and (II) employs H–1B nonimmigrants in a number
that is equal to at least 15 percent of the number
of such full-time equivalent employees.
In applying this subparagraph, any group treated as a sin-
gle employer under subsection (b), (c), (m), or (o) of sec-
tion 414 of the Internal Revenue Code of 1986 shall be
treated as a single employer. Aliens employed under a pe-
340
‘‘(ii) The probationary program set out in clause (i)
shall be effective for no longer than five years after the
date of the enactment of this subparagraph.’’.
(2) LIMITING
APPLICATION
OF
CERTAIN
RE-
QUIREMENTS FOR NON-H–1B-DEPENDENT EMPLOY-
ERS.—Section 212(n) (8 U.S.C. 1182(n)), as
amended by subsection (a), is further amended by
adding at the end the following new paragraph:
‘‘(6) In carrying out this subsection in the case of
an employer that is a non-H–1B-dependent employer—
‘‘(A) the employer is not required to post a no-
tice at a worksite that was not listed on the applica-
tion under paragraph (1) if the worksite is within
the area of intended employment listed on such ap-
plication for such nonimmigrant; and
‘‘(B) if the employer has filed and had certified
an application under paragraph (1) with respect to
one or more H–1B nonimmigrants for one or more
areas of employment—
‘‘(i) the employer is not required to file
and have certified an additional application
under paragraph (1) with respect to such a
nonimmigrant for an area of employment not
listed in the previous application because the
employer has placed one or more such
341
nonimmigrants in such a nonlisted area so long
as either (I) each such nonimmigrant is not
placed in such nonlisted areas for a period ex-
ceeding 45 workdays in any 12-month period
and not to exceed 90 workdays in any 36-month
period, or (II) each such nonimmigrant’s prin-
cipal place of employment has not changed to
a nonlisted area, and
‘‘(ii) the employer is not required to pay
per diem and transportation costs at any speci-
fied rates for work performed in such a
nonlisted area.’’.
(3) LIMITATION
ON
AUTHORITY
TO
INITIATE
COMPLAINTS
AND
CONDUCT
INVESTIGATIONS
FOR
NON-H–1B-DEPENDENT
EMPLOYERS.—Section
212(n)(2)(A) (8 U.S.C. 1182(n)(2)(A)) is amend-
ed—
(A) in the second sentence, by inserting be-
fore the period at the end the following: ‘‘, ex-
cept that the Secretary may only file such a
complaint in the case of an H–1B-dependent
employer (as defined in subparagraph (E)) or
when conducting an annual review of a plan
pursuant to subparagraph (F)(i) if there ap-
pears to be a violation of an attestation or a
342
misrepresentation of a material fact in an appli-
cation’’, and
(B) by inserting after the second sentence
the following new sentence: ‘‘No investigation or
hearing shall be conducted with respect to a
non-H–1B-dependent employer except in re-
sponse to a complaint filed under the previous
sentence.’’.
(c) NO DISPLACEMENT
OF AMERICAN WORKERS
PERMITTED.—(1) 
Section 
212(n)(1) 
(8 
U.S.C.
1182(n)(1)) is amended by inserting after subparagraph
(D) the following new subparagraph:
‘‘(E)(i) If the employer, within the period be-
ginning 6 months before and ending 90 days follow-
ing the date of filing of the application or during the
90 days immediately preceding and following the
date of filing of any visa petition supported by the
application, has laid off or lays off any protected in-
dividual with substantially equivalent qualifications
and experience in the specific employment as to
which the nonimmigrant is sought or is employed,
the employer will pay a wage to the nonimmigrant
that is at least 110 percent of the arithmetic mean
of the last wage earned by all such laid off individ-
uals (or, if greater, at least 110 percent of the arith-
343
metic mean of the highest wage earned by all such
laid off individuals within the most recent year if the
employer reduced the wage of any such laid off indi-
vidual during such year other than in accordance
with a general company-wide reduction of wages for
substantially all employees).
‘‘(ii) Except as provided in clause (iii), in the
case of an H–1B-dependent employer which employs
an H–1B nonimmigrant, the employer shall not
place the nonimmigrant with another employer
where—
‘‘(I) the nonimmigrant performs his or her
duties in whole or in part at one or more work-
sites owned, operated, or controlled by such
other employer, and
‘‘(II) there are indicia of an employment
relationship between the nonimmigrant and
such other employer.
‘‘(iii) Clause (ii) shall not apply to an employ-
er’s placement of an H–1B nonimmigrant with an-
other employer if—
‘‘(I) the other employer has executed an
attestation that it, within the period beginning
6 months before and ending 90 days following
the date of filing of the application or during
344
the 90 days immediately preceding and follow-
ing the date of filing of any visa petition sup-
ported by the application, has not laid off and
will not lay off any protected individual with
substantially equivalent qualifications and expe-
rience in the specific employment as to which
the H–1B nonimmigrant is being sought or is
employed, or
‘‘(II) the employer pays a wage to the non-
immigrant that is at least 110 percent of the
arithmetic mean of the last wage earned by all
such laid off individuals (or, if greater, at least
110 percent of the arithmetic mean of the high-
est wage earned by all such laid off individuals
within the most recent year if the other em-
ployer reduced the wage of any such laid off in-
dividual during such year other than in accord-
ance with a general company-wide reduction of
wages for substantially all employees).
‘‘(iv) For purposes of this subparagraph, the
term ‘laid off’, with respect to an individual—
‘‘(I) refers to the individual’s loss of em-
ployment, other than a discharge for inadequate
performance, cause, voluntary departure, or re-
tirement, and
345
‘‘(II) does not include any situation in
which the individual involved is offered, as an
alternative to such loss of employment, a simi-
lar job opportunity with the same employer (or
with the H–1B-dependent employer described in
clause (ii)) carrying equivalent or higher com-
pensation and benefits as the position from
which the employee was laid off, regardless of
whether or not the employee accepts the offer.
‘‘(v) For purposes of this subparagraph, the
term ‘protected individual’ means an individual
who—
‘‘(I) is a citizen or national of the United
States, or
‘‘(II) is an alien who is lawfully admitted
for permanent residence, is granted the status
of an alien lawfully admitted for temporary res-
idence under section 210(a), 210A(a), or
245(a)(1), is admitted as a refugee under sec-
tion 207, or is granted asylum under section
208.’’.
(2) Section 212(n)(2) (8 U.S.C. 1182(n)(2)), as
amended by subsection (b)(1), is amended by adding at
the end the following new subparagraph:
346
‘‘(G) Under regulations of the Secretary, the previous
provisions of this paragraph shall apply to complaints re-
specting a failure of an other employer to comply with an
attestation described in paragraph (1)(E)(iii)(I) in the
same manner that they apply to complaints with respect
to a failure to comply with a condition described in para-
graph (1)(E)(i).’’.
(3) Section 212(n)(2)(C) (8 U.S.C. 1182(n)(2)(C)) is
amended by inserting ‘‘or (1)(E)’’ after ‘‘(1)(B)’’.
(d) INCREASED PENALTIES.—Section 212(n)(2) is
amended—
(1) 
in 
subparagraph 
(C)(i), 
by 
striking
‘‘$1,000’’ and inserting ‘‘$5,000’’;
(2) by amending subparagraph (C)(ii) to read
as follows:
‘‘(ii) the Attorney General shall not approve pe-
titions filed with respect to that employer (or any
employer who is a successor in interest) under sec-
tion 204 or 214(c) for aliens to be employed by the
employer—
‘‘(I) during a period of at least 1 year in
the case of the first determination of a violation
or any subsequent determination of a violation
occurring within 1 year of that first violation or
any subsequent determination of a nonwillful
347
violation occurring more than 1 year after the
first violation;
‘‘(II) during a period of at least 5 years in
the case of a determination of a willful violation
occurring more than 1 year after the first viola-
tion; and
‘‘(III) at any time in the case of a deter-
mination of a willful violation occurring more
than 5 years after a violation described in
subclause (II).’’; and
(3) in subparagraph (D), by adding at the end
the following: ‘‘If a penalty under subparagraph (C)
has been imposed in the case of a willful violation,
the Secretary shall impose on the employer a civil
monetary penalty in an amount equalling twice the
amount of backpay.’’.
(e) COMPUTATION OF PREVAILING WAGE LEVEL.—
Section 212(n) (8 U.S.C. 1182(n)), as amended by sub-
sections (a) and (b)(2), is further amended by adding at
the end the following new paragraph:
‘‘(7) In computing the prevailing wage level for an
occupational classification in an area of employment for
purposes of paragraph (1)(A)(i)(II) and subsection
(a)(5)(A) in the case of an employee of (A) an institution
of higher education (as defined in section 1201(a) of the
348
Higher Education Act of 1965), or a related or affiliated
nonprofit entity, or (B) a nonprofit scientific research or-
ganization, the prevailing wage level shall only take into
account employees at such institutions and entities in the
area of employment.’’.
(f) CONFORMING AMENDMENTS.—Section 212(n) (8
U.S.C. 1182(n)) is further amended—
(1) in the matter in paragraph (1) before sub-
paragraph (A), by inserting ‘‘(in this subsection re-
ferred to as an ‘H–1B nonimmigrant’)’’ after
‘‘101(a)(15)(H)(i)(b)’’; and
(2) in paragraph (1)(A), by striking ‘‘non-
immigrant described in section 101(a)(15)(H)(i)(b)’’
and inserting ‘‘H–1B nonimmigrant’’.
(g) EFFECTIVE DATES.—
(1) Except as otherwise provided in this sub-
section, the amendments made by this section shall
take effect on the date of the enactment of this Act
and shall apply to applications filed with the Sec-
retary of Labor on or after 30 days after the date
of the enactment of this Act.
(2) The amendments made by subsection (b)(3)
shall apply to complaints filed, and to investigations
or hearings initiated, on or after January 19, 1995.
349
SEC. 807. VALIDITY OF PERIOD OF VISAS.
(a) EXTENSION OF VALIDITY OF IMMIGRANT VISAS
TO 6 MONTHS.—Section 221(c) (8 U.S.C. 1201(c)) is
amended by striking ‘‘four months’’ and inserting ‘‘six
months’’.
(b) AUTHORIZING APPLICATION
OF RECIPROCITY
RULE FOR NONIMMIGRANT VISA IN CASE OF REFUGEES
AND PERMANENT RESIDENTS.—Such section is further
amended by inserting before the period at the end of the
third sentence the following: ‘‘; except that in the case of
aliens who are nationals of a foreign country and who ei-
ther are granted refugee status and firmly resettled in an-
other foreign country or are granted permanent residence
and residing in another foreign country, the Secretary of
State may prescribe the period of validity of such a visa
based upon the treatment granted by that other foreign
country to alien refugees and permanent residents, respec-
tively, in the United States’’.
SEC. 808. LIMITATION ON ADJUSTMENT OF STATUS OF IN-
DIVIDUALS NOT LAWFULLY PRESENT IN THE
UNITED STATES.
(a) IN GENERAL.—Section 245(i) (8 U.S.C. 1255),
as added by section 506(b) of the Department of State
and Related Agencies Appropriations Act, 1995 (Public
Law 103–317, 108 Stat. 1765), is amended—
350
(1) in paragraph (1), by inserting ‘‘pursuant to
section 301 of the Immigration Act of 1990 is not
required to depart from the United States and who’’
after ‘‘who’’ the first place it appears; and
(2) by adding at the end of paragraph (2) the
following: ‘‘For purposes of subparagraph (A), the
ground of inadmissibility described in section
212(a)(9) shall not apply.’’.
(b) EFFECTIVE DATE.—(1) The amendment made by
subsection (a)(1) shall apply to applications for adjust-
ment of status filed after September 30, 1996.
(2) The amendment made by subsection (a)(2) shall
take effect on the title III–A effective date (as defined in
section 309(a)).
SEC. 809. LIMITED ACCESS TO CERTAIN CONFIDENTIAL INS
FILES.
(a) LEGALIZATION PROGRAM.—Section 245A(c)(5)
(8 U.S.C. 1255a(c)(5)) is amended—
(1) by redesignating subparagraphs (A) through
(C) as clauses (i) through (iii), respectively;
(2) by striking ‘‘Neither’’ and inserting ‘‘(A)
Except as provided in this paragraph, neither’’;
(3) by redesignating the last sentence as sub-
paragraph (D);
351
(4) by striking the semicolon and inserting a
period;
(5) by striking ‘‘except that the’’ and inserting
the following:
‘‘(B) The’’;
(6) by inserting after subparagraph (B), as cre-
ated by the amendment made by paragraph (5), the
following:
‘‘(C) The Attorney General may authorize an
application to a Federal court of competent jurisdic-
tion for, and a judge of such court may grant, an
order authorizing disclosure of information con-
tained in the application of the alien under this sec-
tion to be used—
‘‘(i) for identification of the alien when
there is reason to believe that the alien has
been killed or severely incapacitated; or
‘‘(ii) for criminal law enforcement purposes
against the alien whose application is to be dis-
closed if the alleged criminal activity occurred
after the legalization application was filed and
such activity involves terrorist activity or poses
either an immediate risk to life or to national
security, or would be prosecutable as an aggra-
vated felony, but without regard to the length
352
of sentence that could be imposed on the appli-
cant.’’; and
(7) by adding at the end the following new sub-
paragraph:
‘‘(E) Nothing in this paragraph shall preclude
the release for immigration enforcement purposes of
the following information contained in files or
records of the Service pertaining to the application:
‘‘(i) The immigration status of the appli-
cant on any given date after the date of filing
the application (including whether the applicant
was authorized to work) but only for purposes
of a determination of whether the applicant is
eligible for relief from deportation or removal
and not otherwise.
‘‘(ii) The date of the applicant’s adjust-
ment (if any) to the status of an alien lawfully
admitted for permanent residence.
‘‘(iii) Information concerning whether the
applicant has been convicted of a crime occur-
ring after the date of filing the application.
‘‘(iv) The date or disposition of the appli-
cation.’’.
353
(b) SPECIAL AGRICULTURAL WORKER PROGRAM.—
Section 210(b) of such Act (8 U.S.C. 1160(b)) is amend-
ed—
(1) in paragraph (5), by inserting ‘‘, except as
permitted under paragraph (6)(B)’’ after ‘‘consent
of the alien’’; and
(2) in paragraph (6)—
(A) in subparagraph (A), by striking the
period at the end and inserting a comma,
(B) by redesignating subparagraphs (A)
through (C) as clauses (i) through (iii), respec-
tively,
(C) by striking ‘‘Neither’’ and inserting
‘‘(A) Except as provided in subparagraph (B),
neither’’,
(D) by striking ‘‘Anyone’’ and inserting
the following:
‘‘(C) Anyone’’,
(E) by inserting after the first sentence the
following:
‘‘(B) The Attorney General may authorize an
application to a Federal court of competent jurisdic-
tion for, and a judge of such court may grant, an
order authorizing disclosure of information con-
tained in the application of the alien to be used—
354
‘‘(i) for identification of the alien when
there is reason to believe that the alien has
been killed or severely incapacitated, or
‘‘(ii) for criminal law enforcement purposes
against the alien whose application is to be dis-
closed if the alleged criminal activity occurred
after the special agricultural worker application
was filed and such activity involves terrorist ac-
tivity or poses either an immediate risk to life
or to national security, or would be prosecutable
as an aggravated felony, but without regard to
the length of sentence that could be imposed on
the applicant.’’, and
(F) by adding at the end the following new
subparagraph:
‘‘(D) Nothing in this paragraph shall preclude
the release for immigration enforcement purposes of
the following information contained in files or
records of the Service pertaining to the application:
‘‘(i) The immigration status of the appli-
cant on any given date after the date of filing
the application (including whether the applicant
was authorized to work).
355
‘‘(ii) The date of the applicant’s adjust-
ment (if any) to the status of an alien lawfully
admitted for permanent residence.
‘‘(iii) Information concerning whether the
applicant has been convicted of a crime occur-
ring after the date of filing the application.
‘‘(iv) The date or disposition of the appli-
cation.’’.
SEC. 810. CHANGE OF NONIMMIGRANT CLASSIFICATION.
Section 248 (8 U.S.C. 1258) is amended by inserting
at the end the following:
‘‘Any alien whose status is changed under this section may
apply to the Secretary of State for a visa without having
to leave the United States and apply at the visa office.’’.
SEC. 811. CERTIFICATION REQUIREMENTS FOR FOREIGN
HEALTH-CARE WORKERS.
(a) IN
GENERAL.—Section 212(a) (8 U.S.C.
1182(a)), as amended by section 301(b)(1), is amended—
(1) by redesignating paragraph (10) as para-
graph (11), and
(2) by inserting after paragraph (9) the follow-
ing new paragraph:
‘‘(10) CERTIFICATION
REQUIREMENTS
FOR
FOREIGN HEALTH-CARE WORKERS.—Any alien who
seeks to enter the United States for the purpose of
356
performing labor as a health care-worker, other than
a physician, is inadmissible unless the consular offi-
cer receives a certification from the Commission on
Graduates of Foreign Nursing Schools or a certifi-
cate from an equivalent independent credentialing
organization approved by the Secretary of Labor
verifying that—
‘‘(A) the alien’s education, training, or ex-
perience meet all applicable statutory and regu-
latory requirements for entry into the United
States under the classification specified in the
application and is comparable to that required
for an American practitioner of the same type;
‘‘(B) any foreign license submitted by the
alien is authentic and unencumbered;
‘‘(C) the alien must have the ability to
read, write, and speak the English language at
a level required for standard business commu-
nication, as demonstrated by the alien’s score
on one or more standardized tests; and
‘‘(D) if the alien is a registered nurse, the
alien has passed an examination testing both
nursing skills and English language pro-
ficiency.’’.
357
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall apply to aliens entering the United
States more than 180 days after the date of the enactment
of this Act.
SEC. 812. COMPUTATION OF TARGETED ASSISTANCE.
Section 412(c)(2) (8 U.S.C. 1522(c)(2)) is amended
by adding at the end the following new subparagraph:
‘‘(C) Except for the Targeted Assistance Ten Percent
Discretionary Program, all grants made available under
this paragraph for a fiscal year shall be allocated by the
Office of Resettlement in a manner that ensures that each
qualifying county shall receive the same amount of assist-
ance for each refugee and entrant residing in the county
as of the beginning of the fiscal year who arrived in the
United States not more than 60 months prior to such fis-
cal year.’’.
Subtitle B—Other Provisions
SEC. 831. COMMISSION REPORT ON FRAUD ASSOCIATED
WITH BIRTH CERTIFICATES.
Section 141 of the Immigration Act of 1990 is
amended—
(1) in subsection (b)—
(A) by striking ‘‘and’’ at the end of para-
graph (1),
358
(B) by striking the period at the end of
paragraph (2) and inserting ‘‘; and’’, and
(C) by adding at the end the following new
paragraph:
‘‘(3) transmit to Congress, not later than Janu-
ary 1, 1997, a report containing recommendations
(consistent with subsection (c)(3)) of methods of re-
ducing or eliminating the fraudulent use of birth
certificates for the purpose of obtaining other iden-
tity documents that may be used in securing immi-
gration, employment, or other benefits.’’; and
(2) by adding at the end of subsection (c), the
following new paragraph:
‘‘(3) FOR REPORT ON REDUCING BIRTH CER-
TIFICATE FRAUD.—In the report described in sub-
section (b)(3), the Commission shall consider and
analyze the feasibility of—
‘‘(A) establishing national standards for
counterfeit-resistant birth certificates, and
‘‘(B) limiting the issuance of official copies
of a birth certificate of an individual to anyone
other than the individual or others acting on
behalf of the individual.’’.