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(ii) NO CONTEST.—If the individual
does not contest the nonconfirmation with-
in the time period specified in section
404(c) of this division, the nonconfirmation
shall be considered final. The person or en-
tity shall then record on the I–9 or similar
form an appropriate code which has been
provided under the system to indicate a
tentative nonconfirmation.
(iii) CONTEST.—If the individual does
contest the nonconfirmation, the individual
shall utilize the process for secondary ver-
ification provided under section 404(c) of
this division. The nonconfirmation will re-
main tentative until a final confirmation or
nonconfirmation is provided by the con-
firmation system within the time period
specified in such section. In no case shall
an employer terminate employment of an
individual because of a failure of the indi-
vidual to have identity and work eligibility
confirmed under this section until a non-
confirmation becomes final. Nothing in this
clause shall apply to a termination of em-
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ployment for any reason other than be-
cause of such a failure.
(iv) RECORDING OF CONCLUSION ON
FORM.—If a final confirmation or noncon-
firmation is provided by the confirmation
system under section 404(c) of this divi-
sion regarding an individual, the person or
entity shall record on the I–9 or similar
form an appropriate code that is provided
under the system and that indicates a con-
firmation or nonconfirmation of identity
and work eligibility of the individual.
(C) CONSEQUENCES
OF
NONCONFIRMA-
TION.—
(i) TERMINATION
OR
NOTIFICATION
OF CONTINUED EMPLOYMENT.—If the per-
son or other entity has received a final
nonconfirmation regarding an individual
under subparagraph (B), the person or en-
tity may terminate employment (or recruit-
ment or referral) of the individual. If the
person or entity does not terminate em-
ployment (or recruitment or referral) of
the individual, the person or entity shall
notify the Attorney General of such fact
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through the confirmation system or in such
other manner as the Attorney General may
specify.
(ii) FAILURE TO NOTIFY.—If the per-
son or entity fails to provide notice with
respect to an individual as required under
clause (i), the failure is deemed to con-
stitute a violation of section 274A(a)(1)(B)
with respect to that individual and the ap-
plicable civil monetary penalty under sec-
tion 274A(e)(5) shall be (notwithstanding
the amounts specified in such section) no
less than $500 and no more than $1,000
for each individual with respect to whom
such violation occurred.
(iii) CONTINUED EMPLOYMENT AFTER
FINAL NONCONFIRMATION.—If the person
or other entity continues to employ (or to
recruit or refer) an individual after receiv-
ing final nonconfirmation, a rebuttable
presumption is created that the person or
entity has violated section 274A(a)(1)(A).
The previous sentence shall not apply in
any prosecution under section 274A(f)(1).
(b) CITIZEN ATTESTATION PILOT PROGRAM.—
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(1) IN GENERAL.—Except as provided in para-
graphs (3) through (5), the procedures applicable
under the citizen attestation pilot program under
this subsection shall be the same procedures as those
under the basic pilot program under subsection (a).
(2) RESTRICTIONS.—
(A) STATE DOCUMENT REQUIREMENT TO
PARTICIPATE IN PILOT PROGRAM.—The Attor-
ney General may not provide for the operation
of the citizen attestation pilot program in a
State unless each driver’s license or similar
identification document described in section
274A(b)(1)(D)(i) issued by the State—
(i) contains a photograph of the indi-
vidual involved, and
(ii) has been determined by the Attor-
ney General to have security features, and
to have been issued through application
and issuance procedures, which make such
document sufficiently resistant to counter-
feiting, tampering, and fraudulent use that
it is a reliable means of identification for
purposes of this section.
(B) AUTHORIZATION TO LIMIT EMPLOYER
PARTICIPATION.—The Attorney General may
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restrict the number of persons or other entities
that may elect to participate in the citizen at-
testation pilot program under this subsection as
the Attorney General determines to be nec-
essary to produce a representative sample of
employers and to reduce the potential impact of
fraud.
(3) NO CONFIRMATION REQUIRED FOR CERTAIN
INDIVIDUALS ATTESTING TO U.S. CITIZENSHIP.—In
the case of a person or other entity hiring (or re-
cruiting or referring) an individual under the citizen
attestation pilot program, if the individual attests to
United States citizenship (under penalty of perjury
on an I–9 or similar form which form states on its
face the criminal and other penalties provided under
law for a false representation of United States citi-
zenship)—
(A) the person or entity may fulfill the re-
quirement to examine documentation contained
in subparagraph (A) of section 274A(b)(1) by
examining a document specified in either sub-
paragraph (B)(i) or (D) of such section; and
(B) the person or other entity is not re-
quired to comply with respect to such individual
with the procedures described in paragraphs (3)
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seeking to make such election in a manner that
provides for such an election by a representative
sample of employers.
(5) NONREVIEWABLE
DETERMINATIONS.—The
determinations of the Attorney General under para-
graphs (2) and (4) are within the discretion of the
Attorney General and are not subject to judicial or
administrative review.
(c) MACHINE-READABLE-DOCUMENT PILOT PRO-
GRAM.—
(1) IN GENERAL.—Except as provided in para-
graph (3), the procedures applicable under the ma-
chine-readable-document pilot program under this
subsection shall be the same procedures as those
under the basic pilot program under subsection (a).
(2) STATE DOCUMENT REQUIREMENT TO PAR-
TICIPATE IN PILOT PROGRAM.—The Attorney Gen-
eral may not provide for the operation of the ma-
chine-readable-document pilot program in a State
unless driver’s licenses and similar identification
documents described in section 274A(b)(1)(D)(i) is-
sued by the State include a machine-readable social
security account number.
(3) 
USE
OF
MACHINE-READABLE
DOCU-
MENTS.—If the individual whose identity and em-
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ployment eligibility must be confirmed presents to
the person or entity hiring (or recruiting or refer-
ring) the individual a license or other document de-
scribed in paragraph (2) that includes a machine-
readable social security account number, the person
or entity must make an inquiry through the con-
firmation system by using a machine-readable fea-
ture of such document. If the individual does not at-
test to United States citizenship under section
274A(b)(2), the individual’s identification or author-
ization number described in subsection (a)(1)(B)
shall be provided as part of the inquiry.
(d) PROTECTION FROM LIABILITY
FOR ACTIONS
TAKEN ON THE BASIS OF INFORMATION PROVIDED BY
THE CONFIRMATION SYSTEM.—No person or entity par-
ticipating in a pilot program shall be civilly or criminally
liable under any law for any action taken in good faith
reliance on information provided through the confirmation
system.
SEC. 404. EMPLOYMENT ELIGIBILITY CONFIRMATION SYS-
TEM.
(a) IN GENERAL.—The Attorney General shall estab-
lish a pilot program confirmation system through which
the Attorney General (or a designee of the Attorney Gen-
eral, which may be a nongovernmental entity)—
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(1) responds to inquiries made by electing per-
sons and other entities (including those made by the
transmittal of data from machine-readable docu-
ments under the machine-readable pilot program) at
any time through a toll-free telephone line or other
toll-free electronic media concerning an individual’s
identity and whether the individual is authorized to
be employed, and
(2) maintains records of the inquiries that were
made, of confirmations provided (or not provided),
and of the codes provided to inquirers as evidence of
their compliance with their obligations under the
pilot programs.
To the extent practicable, the Attorney General shall seek
to establish such a system using one or more nongovern-
mental entities.
(b) INITIAL RESPONSE.—The confirmation system
shall provide confirmation or a tentative nonconfirmation
of an individual’s identity and employment eligibility with-
in 3 working days of the initial inquiry. If providing con-
firmation or tentative nonconfirmation, the confirmation
system shall provide an appropriate code indicating such
confirmation or such nonconfirmation.
(c) SECONDARY VERIFICATION PROCESS IN CASE OF
TENTATIVE NONCONFIRMATION.—In cases of tentative
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nonconfirmation, the Attorney General shall specify, in
consultation with the Commissioner of Social Security and
the Commissioner of the Immigration and Naturalization
Service, an available secondary verification process to con-
firm the validity of information provided and to provide
a final confirmation or nonconfirmation within 10 working
days after the date of the tentative nonconfirmation. When
final confirmation or nonconfirmation is provided, the con-
firmation system shall provide an appropriate code indi-
cating such confirmation or nonconfirmation.
(d) DESIGN AND OPERATION OF SYSTEM.—The con-
firmation system shall be designed and operated—
(1) to maximize its reliability and ease of use
by persons and other entities making elections under
section 402(a) of this division consistent with insu-
lating and protecting the privacy and security of the
underlying information;
(2) to respond to all inquiries made by such
persons and entities on whether individuals are au-
thorized to be employed and to register all times
when such inquiries are not received;
(3) with appropriate administrative, technical,
and physical safeguards to prevent unauthorized dis-
closure of personal information; and
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(4) to have reasonable safeguards against the
system’s resulting in unlawful discriminatory prac-
tices based on national origin or citizenship status,
including—
(A) the selective or unauthorized use of the
system to verify eligibility;
(B) the use of the system prior to an offer
of employment; or
(C) the exclusion of certain individuals
from consideration for employment as a result
of a perceived likelihood that additional verifica-
tion will be required, beyond what is required
for most job applicants.
(e) RESPONSIBILITIES OF THE COMMISSIONER OF
SOCIAL SECURITY.—As part of the confirmation system,
the Commissioner of Social Security, in consultation with
the entity responsible for administration of the system,
shall establish a reliable, secure method, which, within the
time periods specified under subsections (b) and (c), com-
pares the name and social security account number pro-
vided in an inquiry against such information maintained
by the Commissioner in order to confirm (or not confirm)
the validity of the information provided regarding an indi-
vidual whose identity and employment eligibility must be
confirmed, the correspondence of the name and number,
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and whether the individual has presented a social security
account number that is not valid for employment. The
Commissioner shall not disclose or release social security
information (other than such confirmation or noncon-
firmation).
(f) RESPONSIBILITIES OF THE COMMISSIONER OF
THE IMMIGRATION AND NATURALIZATION SERVICE.—As
part of the confirmation system, the Commissioner of the
Immigration and Naturalization Service, in consultation
with the entity responsible for administration of the sys-
tem, shall establish a reliable, secure method, which, with-
in the time periods specified under subsections (b) and (c),
compares the name and alien identification or authoriza-
tion number described in section 403(a)(1)(B) of this divi-
sion which are provided in an inquiry against such infor-
mation maintained by the Commissioner in order to con-
firm (or not confirm) the validity of the information pro-
vided, the correspondence of the name and number, and
whether the alien is authorized to be employed in the Unit-
ed States.
(g) UPDATING INFORMATION.—The Commissioners
of Social Security and the Immigration and Naturalization
Service shall update their information in a manner that
promotes the maximum accuracy and shall provide a proc-
ess for the prompt correction of erroneous information, in-
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cluding instances in which it is brought to their attention
in the secondary verification process described in sub-
section (c).
(h) LIMITATION ON USE OF THE CONFIRMATION
SYSTEM AND ANY RELATED SYSTEMS.—
(1) IN GENERAL.—Notwithstanding any other
provision of law, nothing in this subtitle shall be
construed to permit or allow any department, bu-
reau, or other agency of the United States Govern-
ment to utilize any information, data base, or other
records assembled under this subtitle for any other
purpose other than as provided for under a pilot
program.
(2) NO
NATIONAL
IDENTIFICATION
CARD.—
Nothing in this subtitle shall be construed to author-
ize, directly or indirectly, the issuance or use of na-
tional identification cards or the establishment of a
national identification card.
SEC. 405. REPORTS.
The Attorney General shall submit to the Committees
on the Judiciary of the House of Representatives and of
the Senate reports on the pilot programs within 3 months
after the end of the third and fourth years in which the
programs are in effect. Such reports shall—
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(1) assess the degree of fraudulent attesting of
United States citizenship,
(2) include recommendations on whether or not
the pilot programs should be continued or modified,
and
(3) assess the benefits of the pilot programs to
employers and the degree to which they assist in the
enforcement of section 274A.
Subtitle B—Other Provisions
Relating to Employer Sanctions
SEC. 411. LIMITING LIABILITY FOR CERTAIN TECHNICAL
VIOLATIONS 
OF 
PAPERWORK 
REQUIRE-
MENTS.
(a) IN
GENERAL.—Section 274A(b) (8 U.S.C.
1324a(b)) is amended by adding at the end the following
new paragraph:
‘‘(6) GOOD FAITH COMPLIANCE.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraphs (B) and (C), a person or entity
is considered to have complied with a require-
ment of this subsection notwithstanding a tech-
nical or procedural failure to meet such require-
ment if there was a good faith attempt to com-
ply with the requirement.
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‘‘(B) EXCEPTION IF FAILURE TO CORRECT
AFTER
NOTICE.—Subparagraph (A) shall not
apply if—
‘‘(i) the Service (or another enforce-
ment agency) has explained to the person
or entity the basis for the failure,
‘‘(ii) the person or entity has been
provided a period of not less than 10 busi-
ness days (beginning after the date of the
explanation) within which to correct the
failure, and
‘‘(iii) the person or entity has not cor-
rected the failure voluntarily within such
period.
‘‘(C) EXCEPTION FOR PATTERN OR PRAC-
TICE VIOLATORS.—Subparagraph (A) shall not
apply to a person or entity that has or is engag-
ing in a pattern or practice of violations of sub-
section (a)(1)(A) or (a)(2).’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply to failures occurring on or after
the date of the enactment of this Act.
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SEC. 412. PAPERWORK AND OTHER CHANGES IN THE EM-
PLOYER SANCTIONS PROGRAM.
(a) REDUCING THE NUMBER OF DOCUMENTS AC-
CEPTED
FOR
EMPLOYMENT
VERIFICATION.—Section
274A(b)(1) (8 U.S.C. 1324a(b)(1)) is amended—
(1) in subparagraph (B)—
(A) by striking clauses (ii) through (iv),
(B) in clause (v), by striking ‘‘or other
alien registration card, if the card’’ and insert-
ing ‘‘, alien registration card, or other docu-
ment designated by the Attorney General, if the
document’’ and redesignating such clause as
clause (ii), and
(C) in clause (ii), as so redesignated—
(i) in subclause (I), by striking ‘‘or’’
before ‘‘such other personal identifying in-
formation’’ and inserting ‘‘and’’,
(ii) by striking ‘‘and’’ at the end of
subclause (I),
(iii) by striking the period at the end
of subclause (II) and inserting ‘‘, and’’,
and
(iv) by adding at the end the following
new subclause:
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‘‘(III) contains security features
to make it resistant to tampering,
counterfeiting, and fraudulent use.’’;
(2) in subparagraph (C)—
(A) by adding ‘‘or’’ at the end of clause (i),
(B) by striking clause (ii), and
(C) by redesignating clause (iii) as clause
(ii); and
(3) by adding at the end the following new sub-
paragraph:
‘‘(E) AUTHORITY
TO
PROHIBIT
USE
OF
CERTAIN
DOCUMENTS.—If the Attorney Gen-
eral finds, by regulation, that any document de-
scribed in subparagraph (B), (C), or (D) as es-
tablishing employment authorization or identity
does not reliably establish such authorization or
identity or is being used fraudulently to an un-
acceptable degree, the Attorney General may
prohibit or place conditions on its use for pur-
poses of this subsection.’’.
(b) REDUCTION OF PAPERWORK FOR CERTAIN EM-
PLOYEES.—Section 274A(a) (8 U.S.C. 1324a(a)) is
amended by adding at the end the following new para-
graph:
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‘‘(6) TREATMENT
OF
DOCUMENTATION
FOR
CERTAIN EMPLOYEES.—
‘‘(A) IN GENERAL.—For purposes of this
section, if—
‘‘(i) an individual is a member of a
collective-bargaining unit and is employed,
under a collective bargaining agreement
entered into between one or more employee
organizations and an association of two or
more employers, by an employer that is a
member of such association, and
‘‘(ii) within the period specified in
subparagraph (B), another employer that
is a member of the association (or an
agent of such association on behalf of the
employer) has complied with the require-
ments of subsection (b) with respect to the
employment of the individual,
the subsequent employer shall be deemed to
have complied with the requirements of sub-
section (b) with respect to the hiring of the em-
ployee and shall not be liable for civil penalties
described in subsection (e)(5).
‘‘(B) PERIOD.—The period described in
this subparagraph is 3 years, or, if less, the pe-
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riod of time that the individual is authorized to
be employed in the United States.
‘‘(C) LIABILITY.—
‘‘(i) IN
GENERAL.—If any employer
that is a member of an association hires
for employment in the United States an in-
dividual and relies upon the provisions of
subparagraph (A) to comply with the re-
quirements of subsection (b) and the indi-
vidual is an alien not authorized to work in
the United States, then for the purposes of
paragraph (1)(A), subject to clause (ii),
the employer shall be presumed to have
known at the time of hiring or afterward
that the individual was an alien not au-
thorized to work in the United States.
‘‘(ii) REBUTTAL OF PRESUMPTION.—
The presumption established by clause (i)
may be rebutted by the employer only
through the presentation of clear and con-
vincing evidence that the employer did not
know (and could not reasonably have
known) that the individual at the time of
hiring or afterward was an alien not au-
thorized to work in the United States.
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‘‘(iii) EXCEPTION.—Clause (i) shall
not apply in any prosecution under sub-
section (f)(1).’’.
(c) ELIMINATION OF DATED PROVISIONS.—Section
274A (8 U.S.C. 1324a) is amended by striking subsections
(i) through (n).
(d) CLARIFICATION OF APPLICATION TO FEDERAL
GOVERNMENT.—Section 274A(a) (8 U.S.C. 1324a(a)), as
amended by subsection (b), is amended by adding at the
end the following new paragraph:
‘‘(7) APPLICATION
TO
FEDERAL
GOVERN-
MENT.—For purposes of this section, the term ‘en-
tity’ includes an entity in any branch of the Federal
Government.’’.
(e) EFFECTIVE DATES.—
(1) The amendments made by subsection (a)
shall apply with respect to hiring (or recruitment or
referral) occurring on or after such date (not later
than 12 months after the date of the enactment of
this Act) as the Attorney General shall designate.
(2) The amendment made by subsection (b)
shall apply to individuals hired on or after 60 days
after the date of the enactment of this Act.
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(3) The amendment made by subsection (c)
shall take effect on the date of the enactment of this
Act.
(4) The amendment made by subsection (d) ap-
plies to hiring occurring before, on, or after the date
of the enactment of this Act, but no penalty shall be
imposed under subsection (e) or (f) of section 274A
of the Immigration and Nationality Act for such hir-
ing occurring before such date.
SEC. 413. REPORT ON ADDITIONAL AUTHORITY OR RE-
SOURCES NEEDED FOR ENFORCEMENT OF
EMPLOYER SANCTIONS PROVISIONS.
(a) IN GENERAL.—Not later than 1 year after the
date of the enactment of this Act, the Attorney General
shall submit to the Committees on the Judiciary of the
House of Representatives and of the Senate a report on
any additional authority or resources needed—
(1) by the Immigration and Naturalization
Service in order to enforce section 274A of the Im-
migration and Nationality Act, or
(2) by Federal agencies in order to carry out
the Executive Order of February 13, 1996 (entitled
‘‘Economy and Efficiency in Government Procure-
ment Through Compliance with Certain Immigration
and Naturalization Act Provisions’’) and to expand
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the restrictions in such order to cover agricultural
subsidies, grants, job training programs, and other
Federally subsidized assistance programs.
(b) REFERENCE TO INCREASED AUTHORIZATION OF
APPROPRIATIONS.—For provision increasing the author-
ization of appropriations for investigators for violations of
sections 274 and 274A of the Immigration and National-
ity Act, see section 131 of this division.
SEC. 414. REPORTS ON EARNINGS OF ALIENS NOT AUTHOR-
IZED TO WORK.
(a) IN GENERAL.—Subsection (c) of section 290 (8
U.S.C. 1360) is amended to read as follows:
‘‘(c)(1) Not later than 3 months after the end of each
fiscal year (beginning with fiscal year 1996), the Commis-
sioner of Social Security shall report to the Committees
on the Judiciary of the House of Representatives and the
Senate on the aggregate quantity of social security ac-
count numbers issued to aliens not authorized to be em-
ployed, with respect to which, in such fiscal year, earnings
were reported to the Social Security Administration.
‘‘(2) If earnings are reported on or after January 1,
1997, to the Social Security Administration on a social
security account number issued to an alien not authorized
to work in the United States, the Commissioner of Social
Security shall provide the Attorney General with informa-
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tion regarding the name and address of the alien, the
name and address of the person reporting the earnings,
and the amount of the earnings. The information shall be
provided in an electronic form agreed upon by the Com-
missioner and the Attorney General.’’.
(b) REPORT ON FRAUDULENT USE OF SOCIAL SECU-
RITY ACCOUNT NUMBERS.—The Commissioner of Social
Security shall transmit to the Attorney General, by not
later than 1 year after the date of the enactment of this
Act, a report on the extent to which social security account
numbers and cards are used by aliens for fraudulent pur-
poses.
SEC. 415. AUTHORIZING MAINTENANCE OF CERTAIN IN-
FORMATION ON ALIENS.
Section 264 (8 U.S.C. 1304) is amended by adding
at the end the following new subsection:
‘‘(f) Notwithstanding any other provision of law, the
Attorney General is authorized to require any alien to pro-
vide the alien’s social security account number for pur-
poses of inclusion in any record of the alien maintained
by the Attorney General or the Service.’’.
SEC. 416. SUBPOENA AUTHORITY.
Section 274A(e)(2) (8 U.S.C. 1324a(e)(2)) is amend-
ed—
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(1) by striking ‘‘and’’ at the end of subpara-
graph (A);
(2) by striking the period at the end of sub-
paragraph (B) and inserting ‘‘, and’’; and
(3) by inserting after subparagraph (B) the fol-
lowing:
‘‘(C) immigration officers designated by
the Commissioner may compel by subpoena the
attendance of witnesses and the production of
evidence at any designated place prior to the fil-
ing of a complaint in a case under paragraph
(2).’’.
Subtitle C—Unfair Immigration-
Related Employment Practices
SEC. 421. TREATMENT OF CERTAIN DOCUMENTARY PRAC-
TICES AS UNFAIR IMMIGRATION-RELATED
EMPLOYMENT PRACTICES.
(a) IN GENERAL.—Section 274B(a)(6) (8 U.S.C.
1324b(a)(6)) is amended—
(1) by striking ‘‘For purposes of paragraph (1),
a’’ and inserting ‘‘A’’; and
(2) by striking ‘‘relating to the hiring of indi-
viduals’’ and inserting the following: ‘‘if made for
the purpose or with the intent of discriminating
against an individual in violation of paragraph (1)’’.
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(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall apply to requests made on or after
the date of the enactment of this Act.
TITLE V—RESTRICTIONS ON
BENEFITS FOR ALIENS
Subtitle A—Eligibility of Aliens for
Public Assistance and Benefits
SEC. 501. EXCEPTION TO INELIGIBILITY FOR PUBLIC BENE-
FITS FOR CERTAIN BATTERED ALIENS.
Section 431 of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641)
is amended by adding at the end the following new sub-
section:
‘‘(c) TREATMENT OF CERTAIN BATTERED ALIENS AS
QUALIFIED ALIENS.—For purposes of this title, the term
‘qualified alien’ includes—
‘‘(1) an alien who—
‘‘(A) has been battered or subjected to ex-
treme cruelty in the United States by a spouse
or a 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
to, or acquiesced in, such battery or cruelty, but
only if (in the opinion of the Attorney General,
which opinion is not subject to review by any
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court) there is a substantial connection between
such battery or cruelty and the need for the
benefits to be provided; and
‘‘(B) has been approved or has a petition
pending which sets forth a prima facie case
for—
‘‘(i) status as a spouse or a 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 clause
(ii) or (iii) of section 204(a)(1)(B) of the
Act,
‘‘(iii) suspension of deportation and
adjustment of status pursuant to section
244(a)(3) of such Act, or
‘‘(iv) status as a spouse or child of a
United States citizen pursuant to clause (i)
of section 204(a)(1)(A) of such Act, or
classification pursuant to clause (i) of sec-
tion 204(a)(1)(B) of such Act; or
‘‘(2) an alien—
‘‘(A) whose child has been battered or sub-
jected to extreme cruelty in the United States
by a spouse or a parent of the alien (without
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the active participation of the alien in the bat-
tery or cruelty), or by a member of the spouse
or parent’s family residing in the same house-
hold as the alien and the spouse or parent con-
sented or acquiesced to such battery or cruelty,
and the alien did not actively participate in
such battery or cruelty, but only if (in the opin-
ion of the Attorney General, which opinion is
not subject to review by any court) there is a
substantial connection between such battery or
cruelty and the need for the benefits to be pro-
vided; and
‘‘(B) who meets the requirement of clause
(ii) of subparagraph (A).
This subsection shall not apply to an alien during any pe-
riod in which the individual responsible for such battery
or cruelty resides in the same household or family eligi-
bility unit as the individual subjected to such battery or
cruelty.’’.
SEC. 502. PILOT PROGRAMS ON LIMITING ISSUANCE OF
DRIVER’S LICENSES TO ILLEGAL ALIENS.
(a) IN GENERAL.—Pursuant to guidelines prescribed
by the Attorney General not later than 6 months after
the date of the enactment of this Act, all States may con-
duct pilot programs within their State to determine the
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viability, advisability, and cost-effectiveness of the State’s
denying driver’s licenses to aliens who are not lawfully
present in the United States. Under a pilot program a
State may deny a driver’s license to aliens who are not
lawfully present in the United States. Such program shall
be conducted in cooperation with relevant State and local
authorities.
(b) REPORT.—Not later than 3 years after the date
of the enactment of this Act, the Attorney General shall
submit a report to the Judiciary Committees of the House
of Representatives and of the Senate on the results of the
pilot programs conducted under subsection (a).
SEC. 503. INELIGIBILITY OF ALIENS NOT LAWFULLY
PRESENT FOR SOCIAL SECURITY BENEFITS.
(a) IN GENERAL.—Section 202 of the Social Security
Act (42 U.S.C. 402) is amended by adding at the end the
following new subsection:
‘‘Limitation on Payments to Aliens
‘‘(y) Notwithstanding any other provision of law, no
monthly benefit under this title shall be payable to any
alien in the United States for any month during which
such alien is not lawfully present in the United States as
determined by the Attorney General.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply with respect to benefits for
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which applications are filed on or after the first day of
the first month that begins at least 60 days after the date
of the enactment of this Act.
SEC. 504. PROCEDURES FOR REQUIRING PROOF OF CITI-
ZENSHIP FOR FEDERAL PUBLIC BENEFITS.
Section 432(a) of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996 (8 U.S.C.
1642) is amended—
(1) by inserting ‘‘(1)’’ after the dash, and
(2) by adding at the end the following:
‘‘(2) Not later than 18 months after the date of the
enactment of this Act, the Attorney General, in consulta-
tion with the Secretary of Health and Human Services,
shall also establish procedures for a person applying for
a Federal public benefit (as defined in section 401(c)) to
provide proof of citizenship in a fair and nondiscrim-
inatory manner.’’.
SEC. 505. LIMITATION ON ELIGIBILITY FOR PREFERENTIAL
TREATMENT 
OF 
ALIENS 
NOT 
LAWFULLY
PRESENT ON BASIS OF RESIDENCE FOR
HIGHER EDUCATION BENEFITS.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, an alien who is not lawfully present in the
United States shall not be eligible on the basis of residence
within a State (or a political subdivision) for any post-
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secondary education benefit unless a citizen or national
of the United States is eligible for such a benefit (in no
less an amount, duration, and scope) without regard to
whether the citizen or national is such a resident.
(b) EFFECTIVE DATE.—This section shall apply to
benefits provided on or after July 1, 1998.
SEC. 506. STUDY AND REPORT ON ALIEN STUDENT ELIGI-
BILITY FOR POSTSECONDARY FEDERAL STU-
DENT FINANCIAL ASSISTANCE.
(a) GAO STUDY AND REPORT.—
(1) STUDY.—The Comptroller General shall
conduct a study to determine the extent to which
aliens who are not lawfully admitted for permanent
residence are receiving postsecondary Federal stu-
dent financial assistance.
(2) REPORT.—Not later than 1 year after the
date of the enactment of this Act, the Comptroller
General shall submit a report to the appropriate
committees of the Congress on the study conducted
under paragraph (1).
(b) REPORT ON COMPUTER MATCHING PROGRAM.—
(1) IN
GENERAL.—Not later than one year
after the date of the enactment of this Act, the Sec-
retary of Education and the Commissioner of Social
Security shall jointly submit to the appropriate com-
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mittees of the Congress a report on the computer
matching program of the Department of Education
under section 484(p) of the Higher Education Act of
1965.
(2) REPORT
ELEMENTS.—The report under
paragraph (1) shall include the following:
(A) An assessment by the Secretary and
the Commissioner of the effectiveness of the
computer matching program, and a justification
for such assessment.
(B) The ratio of successful matches under
the program to inaccurate matches.
(C) Such other information as the Sec-
retary and the Commissioner jointly consider
appropriate.
(c) APPROPRIATE
COMMITTEES
OF
THE
CON-
GRESS.—For purposes of this section the term ‘‘appro-
priate committees of the Congress’’ means the Committee
on Economic and Educational Opportunities and the Com-
mittee on the Judiciary of the House of Representatives
and the Committee on Labor and Human Resources and
the Committee on the Judiciary of the Senate.
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SEC. 507. VERIFICATION OF IMMIGRATION STATUS FOR
PURPOSES OF SOCIAL SECURITY AND HIGH-
ER EDUCATIONAL ASSISTANCE.
(a) SOCIAL SECURITY ACT STATE INCOME AND ELI-
GIBILITY
VERIFICATION
SYSTEMS.—Section
1137(d)(4)(B)(i)) of the Social Security Act (42 U.S.C.
1320b–7(d)(4)(B)(i)) is amended to read as follows:
‘‘(i) the State shall transmit to the
Immigration and Naturalization Service ei-
ther photostatic or other similar copies of
such documents, or information from such
documents, as specified by the Immigra-
tion and Naturalization Service, for official
verification,’’.
(b) ELIGIBILITY FOR ASSISTANCE UNDER HIGHER
EDUCATION ACT OF 1965.—Section 484(g)(4)(B)(i) of
the Higher Education Act of 1965 (20 U.S.C.
1091(g)(4)(B)(i)) is amended to read as follows:
‘‘(i) the institution shall transmit to
the Immigration and Naturalization Serv-
ice either photostatic or other similar cop-
ies of such documents, or information from
such documents, as specified by the Immi-
gration and Naturalization Service, for of-
ficial verification,’’.
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SEC. 508. NO VERIFICATION REQUIREMENT FOR NON-
PROFIT CHARITABLE ORGANIZATIONS.
Section 432 of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1642)
is amended by adding at the end the following new sub-
section:
‘‘(d) NO VERIFICATION REQUIREMENT FOR NON-
PROFIT CHARITABLE ORGANIZATIONS.—Subject to sub-
section (a), a nonprofit charitable organization, in provid-
ing any Federal public benefit (as defined in section
401(c)) or any State or local public benefit (as defined
in section 411(c)), is not required under this title to deter-
mine, verify, or otherwise require proof of eligibility of any
applicant for such benefits.’’.
SEC. 509. GAO STUDY OF PROVISION OF MEANS-TESTED
PUBLIC BENEFITS TO ALIENS WHO ARE NOT
QUALIFIED ALIENS ON BEHALF OF ELIGIBLE
INDIVIDUALS.
Not later than 180 days after the date of the enact-
ment of this Act, the Comptroller General shall submit
to the Committees on the Judiciary of the House of Rep-
resentatives and of the Senate and to the Inspector Gen-
eral of the Department of Justice a report on the extent
to which means-tested public benefits are being paid or
provided to aliens who are not qualified aliens (as defined
in section 431(b) of the Personal Responsibility and Work
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Opportunity Reconciliation Act of 1996) in order to pro-
vide such benefits to individuals who are United States
citizens or qualified aliens (as so defined). Such report
shall address the locations in which such benefits are pro-
vided and the incidence of fraud or misrepresentation in
connection with the provision of such benefits.
SEC. 510. TRANSITION FOR ALIENS CURRENTLY RECEIVING
BENEFITS UNDER THE FOOD STAMP PRO-
GRAM.
Effective as if included in the enactment of the Per-
sonal Responsibility and Work Opportunity Reconciliation
Act of 1996, subclause (I) of section 402(a)(2)(D)(ii) (8
U.S.C. 1612(a)(2)(D)(ii)) is amended to read as follows:
‘‘(I) IN GENERAL.—With respect
to the specified Federal program de-
scribed in paragraph (3)(B), ineligibil-
ity under paragraph (1) shall not
apply until April 1, 1997, to an alien
who received benefits under such pro-
gram on the date of enactment of this
Act, unless such alien is determined to
be ineligible to receive such benefits
under the Food Stamp Act of 1977.
The State agency shall recertify the
eligibility of all such aliens during the
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period beginning April 1, 1997, and
ending August 22, 1997.’’.
Subtitle B—Public Charge
Exclusion
SEC. 531. GROUND FOR EXCLUSION.
(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) IN GENERAL.—Any alien who, in the
opinion of the consular officer at the time of
application for a visa, or in the opinion of the
Attorney General at the time of application for
admission or adjustment of status, is likely at
any time to become a public charge is exclud-
able.
‘‘(B) FACTORS
TO
BE
TAKEN
INTO
AC-
COUNT.—(i) In determining whether an alien is
excludable under this paragraph, the consular
officer or the Attorney General shall at a mini-
mum consider the alien’s—
‘‘(I) age;
‘‘(II) health;
‘‘(III) family status;
‘‘(IV) assets, resources, and financial
status; and
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‘‘(V) education and skills.
‘‘(ii) In addition to the factors under
clause (i), the consular officer or the Attorney
General may also consider any affidavit of sup-
port under section 213A for purposes of exclu-
sion under this paragraph.
‘‘(C) FAMILY-SPONSORED
IMMIGRANTS.—
Any alien who seeks admission or adjustment of
status under a visa number issued under sec-
tion 201(b)(2) or 203(a) is excludable under
this paragraph unless—
‘‘(i) the alien has obtained—
‘‘(I) status as a spouse or a child
of a United States citizen pursuant to
clause (ii), (iii), or (iv) of section
204(a)(1)(A), or
‘‘(II) classification pursuant to
clause 
(ii) 
or 
(iii) 
of 
section
204(a)(1)(B); or
‘‘(ii) the person petitioning for the
alien’s admission (including any additional
sponsor required under section 213A(f))
has executed an affidavit of support de-
scribed in section 213A with respect to
such alien.
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‘‘(D) 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 excludable under
this paragraph unless such relative has exe-
cuted an affidavit of support described in sec-
tion 213A with respect to such alien.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply to applications submitted on or
after such date, not earlier than 30 days and not later
than 60 days after the date the Attorney General promul-
gates under section 551(c)(2) of this division a standard
form for an affidavit of support, as the Attorney General
shall specify, but subparagraphs (C) and (D) of section
212(a)(4) of the Immigration and Nationality Act, as so
amended, shall not apply to applications with respect to
which an official interview with an immigration officer was
conducted before such effective date.
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Subtitle C—Affidavits of Support
SEC. 551. REQUIREMENTS FOR SPONSOR’S AFFIDAVIT OF
SUPPORT.
(a) IN GENERAL.—Section 213A (8 U.S.C. 1183a),
as inserted by section 423(a) of the Personal Responsibil-
ity and Work Opportunity Reconciliation Act of 1996, is
amended to read as follows:
‘‘REQUIREMENTS FOR SPONSOR’S AFFIDAVIT OF SUPPORT
‘‘SEC. 213A. (a) ENFORCEABILITY.—
‘‘(1) TERMS
OF
AFFIDAVIT.—No affidavit of
support may be accepted by the Attorney General or
by any consular officer to establish that an alien is
not excludable as a public charge under section
212(a)(4) unless such affidavit is executed by a
sponsor of the alien as a contract—
‘‘(A) in which the sponsor agrees to pro-
vide support to maintain the sponsored alien at
an annual income that is not less than 125 per-
cent of the Federal poverty line during the pe-
riod in which the affidavit is enforceable;
‘‘(B) that is legally enforceable against the
sponsor by the sponsored alien, the Federal
Government, any State (or any political subdivi-
sion of such State), or by any other entity that
provides any means-tested public benefit (as de-
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fined in subsection (e)), consistent with the pro-
visions of this section; and
‘‘(C) in which the sponsor agrees to submit
to the jurisdiction of any Federal or State court
for the purpose of actions brought under sub-
section (b)(2).
‘‘(2) PERIOD OF ENFORCEABILITY.—An affida-
vit of support shall be enforceable with respect to
benefits provided for an alien before the date the
alien is naturalized as a citizen of the United States,
or, if earlier, the termination date provided under
paragraph (3).
‘‘(3) TERMINATION OF PERIOD OF ENFORCE-
ABILITY UPON COMPLETION OF REQUIRED PERIOD
OF EMPLOYMENT, ETC.—
‘‘(A) IN GENERAL.—An affidavit of sup-
port is not enforceable after such time as the
alien (i) has worked 40 qualifying quarters of
coverage as defined under title II of the Social
Security Act or can be credited with such quali-
fying quarters as provided under subparagraph
(B), and (ii) in the case of any such qualifying
quarter creditable for any period beginning
after December 31, 1996, did not receive any
Federal means-tested public benefit (as pro-
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vided under section 403 of the Personal Re-
sponsibility and Work Opportunity Reconcili-
ation Act of 1996) during any such period.
‘‘(B) QUALIFYING
QUARTERS.—For pur-
poses of this section, in determining the number
of qualifying quarters of coverage under title II
of the Social Security Act an alien shall be
credited with—
‘‘(i) all of the qualifying quarters of
coverage as defined under title II of the
Social Security Act worked by a parent of
such alien while the alien was under age
18, and
‘‘(ii) all of the qualifying quarters
worked by a spouse of such alien during
their marriage and the alien remains mar-
ried to such spouse or such spouse is de-
ceased.
No such qualifying quarter of coverage that is
creditable under title II of the Social Security
Act for any period beginning after December
31, 1996, may be credited to an alien under
clause (i) or (ii) if the parent or spouse (as the
case may be) of such alien received any Federal
means-tested public benefit (as provided under
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section 403 of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996)
during the period for which such qualifying
quarter of coverage is so credited.
‘‘(C) PROVISION
OF
INFORMATION
TO
SAVE SYSTEM.—The Attorney General shall en-
sure that appropriate information regarding the
application of this paragraph is provided to the
system for alien verification of eligibility
(SAVE) described in section 1137(d)(3) of the
Social Security Act.
‘‘(b) 
REIMBURSEMENT
OF
GOVERNMENT
EX-
PENSES.—
‘‘(1) REQUEST FOR REIMBURSEMENT.—
‘‘(A) REQUIREMENT.—Upon notification
that a sponsored alien has received any means-
tested public benefit, the appropriate non-
governmental entity which provided such benefit
or the appropriate entity of the Federal Govern-
ment, a State, or any political subdivision of a
State shall request reimbursement by the spon-
sor in an amount which is equal to the unreim-
bursed costs of such benefit.
‘‘(B) REGULATIONS.—The Attorney Gen-
eral, in consultation with the heads of other ap-
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propriate Federal agencies, shall prescribe such
regulations as may be necessary to carry out
subparagraph (A).
‘‘(2) ACTIONS TO COMPEL REIMBURSEMENT.—
‘‘(A) IN CASE OF NONRESPONSE.—If with-
in 45 days after a request for reimbursement
under paragraph (1)(A), the appropriate entity
has not received a response from the sponsor
indicating a willingness to commence payment
an action may be brought against the sponsor
pursuant to the affidavit of support.
‘‘(B) IN CASE OF FAILURE TO PAY.—If the
sponsor fails to abide by the repayment terms
established by the appropriate entity, the entity
may bring an action against the sponsor pursu-
ant to the affidavit of support.
‘‘(C) LIMITATION ON ACTIONS.—No cause
of action may be brought under this paragraph
later than 10 years after the date on which the
sponsored alien last received any means-tested
public benefit to which the affidavit of support
applies.
‘‘(3) USE OF COLLECTION AGENCIES.—If the
appropriate entity under paragraph (1)(A) requests
reimbursement from the sponsor or brings an action
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against the sponsor pursuant to the affidavit of sup-
port, the appropriate entity may appoint or hire an
individual or other person to act on behalf of such
entity acting under the authority of law for purposes
of collecting any amounts owed.
‘‘(c) REMEDIES.—Remedies available to enforce an
affidavit of support under this section include any or all
of the remedies described in section 3201, 3203, 3204,
or 3205 of title 28, United States Code, as well as an
order for specific performance and payment of legal fees
and other costs of collection, and include corresponding
remedies available under State law. A Federal agency may
seek to collect amounts owed under this section in accord-
ance with the provisions of subchapter II of chapter 37
of title 31, United States Code.
‘‘(d) NOTIFICATION OF CHANGE OF ADDRESS.—
‘‘(1) GENERAL
REQUIREMENT.—The sponsor
shall notify the Attorney General and the State in
which the sponsored alien is currently a resident
within 30 days of any change of address of the spon-
sor during the period in which an affidavit of sup-
port is enforceable.
‘‘(2) PENALTY.—Any person subject to the re-
quirement of paragraph (1) who fails to satisfy such
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requirement shall, after notice and opportunity to be
heard, 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
means-tested public benefits (other than bene-
fits described in section 401(b), 403(c)(2), or
411(b) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996) not
less than $2,000 or more than $5,000.
The Attorney General shall enforce this paragraph
under appropriate regulations.
‘‘(e) JURISDICTION.—An action to enforce an affida-
vit of support executed under subsection (a) may be
brought against the sponsor in any appropriate court—
‘‘(1) by a sponsored alien, with respect to finan-
cial support; or
‘‘(2) by the appropriate entity of the Federal
Government, a State or any political subdivision of
a State, or by any other nongovernmental entity
under subsection (b)(2), with respect to reimburse-
ment.
‘‘(f) SPONSOR DEFINED.—
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‘‘(1) IN GENERAL.—For purposes of this sec-
tion the term ‘sponsor’ in relation to a sponsored
alien means an individual who executes an affidavit
of support with respect to the sponsored alien and
who—
‘‘(A) is a citizen or national of the United
States or an alien who is lawfully admitted to
the United States for permanent residence;
‘‘(B) is at least 18 years of age;
‘‘(C) is domiciled in any of the several
States of the United States, the District of Co-
lumbia, or any territory or possession of the
United States;
‘‘(D) is petitioning for the admission of the
alien under section 204; and
‘‘(E) demonstrates (as provided in para-
graph (6)) the means to maintain an annual in-
come equal to at least 125 percent of the Fed-
eral poverty line.
‘‘(2) INCOME REQUIREMENT CASE.—Such term
also includes an individual who does not meet the re-
quirement of paragraph (1)(E) but accepts joint and
several liability together with an individual under
paragraph (5).
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‘‘(ii) does not meet the requirement of
paragraph (1)(E) but accepts joint and several
liability together with an individual under para-
graph (5).
‘‘(5) NON-PETITIONING CASE.—Such term also
includes an individual who does not meet the re-
quirement of paragraph (1)(D) but who accepts joint
and several liability with a petitioning sponsor under
paragraph (2) or relative of an employment-based
immigrant under paragraph (4) and who dem-
onstrates (as provided under paragraph (6)) the
means to maintain an annual income equal to at
least 125 percent of the Federal poverty line.
‘‘(6) DEMONSTRATION OF MEANS TO MAINTAIN
INCOME.—
‘‘(A) IN GENERAL.—
‘‘(i) METHOD OF DEMONSTRATION.—
For purposes of this section, a demonstra-
tion of the means to maintain income shall
include provision of a certified copy of the
individual’s Federal income tax return for
the individual’s 3 most recent taxable years
and a written statement, executed under
oath or as permitted under penalty of per-
jury under section 1746 of title 28, United
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States Code, that the copies are certified
copies of such returns.
‘‘(ii) FLEXIBILITY.—For purposes of
this section, aliens may demonstrate the
means to maintain income through dem-
onstration of significant assets of the spon-
sored alien or of the sponsor, if such assets
are available for the support of the spon-
sored alien.
‘‘(iii) PERCENT
OF
POVERTY.—For
purposes of this section, a reference to an
annual income equal to at least a particu-
lar percentage of the Federal poverty line
means an annual income equal to at least
such percentage of the Federal poverty line
for a family unit of a size equal to the
number of members of the sponsor’s
household (including family and non-family
dependents) plus the total number of other
dependents and aliens sponsored by that
sponsor.
‘‘(B) 
LIMITATION.—The 
Secretary 
of
State, or the Attorney General in the case of
adjustment of status, may provide that the
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demonstration under subparagraph (A) applies
only to the most recent taxable year.
‘‘(h) FEDERAL POVERTY LINE DEFINED.—For pur-
poses of this section, the term ‘Federal poverty line’ means
the level of income equal to the official poverty line (as
defined by the Director of the Office of Management and
Budget, as revised annually by the Secretary of Health
and Human Services, in accordance with section 673(2)
of the Omnibus Budget Reconciliation Act of 1981 (42
U.S.C. 9902)) that is applicable to a family of the size
involved.
‘‘(i) SPONSOR’S SOCIAL SECURITY ACCOUNT NUM-
BER REQUIRED TO BE PROVIDED.—(1) An affidavit of
support shall include the social security account number
of each sponsor.
‘‘(2) The Attorney General shall develop an auto-
mated system to maintain the social security account num-
ber data provided under paragraph (1).
‘‘(3) The Attorney General shall submit an annual
report to the Committees on the Judiciary of the House
of Representatives and the Senate setting forth—
‘‘(A) for the most recent fiscal year for which
data are available the number of sponsors under this
section and the number of sponsors in compliance
with the financial obligations of this section; and
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‘‘(B) a comparison of such numbers with the
numbers of such sponsors for the preceding fiscal
year.’’.
(b) CONFORMING AMENDMENTS.—
(1) Section 421(a)(1) and section 422(a)(1) of
the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (8 U.S.C. 1631(a)(1),
1632(a)(1)) are each amended by inserting ‘‘and as
amended by section 551(a) of the Illegal Immigra-
tion Reform and Immigrant Responsibility Act of
1996’’ after ‘‘section 423’’.
(2) Section 423 of such Act (8 U.S.C. 1138a
note) is amended by striking subsection (c).
(c) EFFECTIVE DATE; PROMULGATION OF FORM.—
(1) IN GENERAL.—The amendments made by
this section shall apply to affidavits of support exe-
cuted 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 At-
torney General formulates the form for such affida-
vits under paragraph (2).
(2) PROMULGATION OF FORM.—Not later than
90 days after the date of the enactment of this Act,
the Attorney General, in consultation with the heads
of other appropriate agencies, shall promulgate a
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standard form for an affidavit of support consistent
with the provisions of section 213A of the Immigra-
tion and Nationality Act, as amended by subsection
(a).
SEC. 552. INDIGENCE AND BATTERED SPOUSE AND CHILD
EXCEPTIONS TO FEDERAL ATTRIBUTION OF
INCOME RULE.
Section 421 of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1631)
is amended by adding at the end the following new sub-
section:
‘‘(e) INDIGENCE EXCEPTION.—
‘‘(1) IN GENERAL.—For an alien for whom an
affidavit of support under section 213A of the Immi-
gration and Nationality Act has been executed, if a
determination described in paragraph (2) is made,
the amount of income and resources of the sponsor
or the sponsor’s spouse which shall be attributed to
the sponsored alien shall not exceed the amount ac-
tually provided for a period beginning on the date of
such determination and ending 12 months after such
date.
‘‘(2) DETERMINATION
DESCRIBED.—A deter-
mination described in this paragraph is a determina-
tion by an agency that a sponsored alien would, in
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the absence of the assistance provided by the agency,
be unable to obtain food and shelter, taking into ac-
count the alien’s own income, plus any cash, food,
housing, or other assistance provided by other indi-
viduals, including the sponsor. The agency shall no-
tify the Attorney General of each such determina-
tion, including the names of the sponsor and the
sponsored alien involved.
‘‘(f) SPECIAL RULE FOR BATTERED SPOUSE AND
CHILD.—
‘‘(1) IN GENERAL.—Subject to paragraph (2)
and notwithstanding any other provision of this sec-
tion, subsection (a) shall not apply to benefits—
‘‘(A) during a 12 month period if the alien
demonstrates that (i) the alien has been bat-
tered or subjected to extreme cruelty in the
United States by a spouse or a parent, or by a
member of the spouse or parent’s family resid-
ing in the same household as the alien and the
spouse or parent consented to or acquiesced to
such battery or cruelty, or (ii) the alien’s child
has been battered or subjected to extreme cru-
elty in the United States by the spouse or par-
ent of the alien (without the active participation
of the alien in the battery or cruelty), or by a
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household or family eligibility unit as the individual
who was subjected to such battery or cruelty.’’.
SEC. 553. AUTHORITY OF STATES AND POLITICAL SUBDIVI-
SIONS OF STATES TO LIMIT ASSISTANCE TO
ALIENS AND TO DISTINGUISH AMONG CLASS-
ES OF ALIENS IN PROVIDING GENERAL CASH
PUBLIC ASSISTANCE.
(a) IN GENERAL.—Subject to subsection (b) and not-
withstanding any other provision of law, a State or politi-
cal subdivision of a State is authorized to prohibit or oth-
erwise limit or restrict the eligibility of aliens or classes
of aliens for programs of general cash public assistance
furnished under the law of the State or a political subdivi-
sion of a State.
(b) LIMITATION.—The authority provided for under
subsection (a) may be exercised only to the extent that
any prohibitions, limitations, or restrictions imposed by a
State or political subdivision of a State are not more re-
strictive than the prohibitions, limitations, or restrictions
imposed under comparable Federal programs. For pur-
poses of this section, attribution to an alien of a sponsor’s
income and resources (as described in section 421 of the
Personal Responsibility and Work Opportunity Reconcili-
ation Act of 1996 (8 U.S.C. 1631)) for purposes of deter-
mining eligibility for, and the amount of, benefits shall be
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considered less restrictive than a prohibition of eligibility
for such benefits.
Subtitle D—Miscellaneous
Provisions
SEC. 561. INCREASED MAXIMUM CRIMINAL PENALTIES FOR
FORGING OR COUNTERFEITING SEAL OF A
FEDERAL DEPARTMENT OR AGENCY TO FA-
CILITATE BENEFIT FRAUD BY AN UNLAWFUL
ALIEN.
Section 506 of title 18, United States Code, is
amended to read as follows:
‘‘§ 506. Seals of departments or agencies
‘‘(a) Whoever—
‘‘(1) falsely makes, forges, counterfeits, muti-
lates, or alters the seal of any department or agency
of the United States, or any facsimile thereof;
‘‘(2) knowingly uses, affixes, or impresses any
such fraudulently made, forged, counterfeited, muti-
lated, or altered seal or facsimile thereof to or upon
any certificate, instrument, commission, document,
or paper of any description; or
‘‘(3) with fraudulent intent, possesses, sells, of-
fers for sale, furnishes, offers to furnish, gives away,
offers to give away, transports, offers to transport,
imports, or offers to import any such seal or fac-
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simile thereof, knowing the same to have been so
falsely made, forged, counterfeited, mutilated, or al-
tered,
shall be fined under this title, or imprisoned not more than
5 years, or both.
‘‘(b) Notwithstanding subsection (a) or any other
provision of law, if a forged, counterfeited, mutilated, or
altered seal of a department or agency of the United
States, or any facsimile thereof, is—
‘‘(1) so forged, counterfeited, mutilated, or al-
tered;
‘‘(2) used, affixed, or impressed to or upon any
certificate, instrument, commission, document, or
paper of any description; or
‘‘(3) with fraudulent intent, possessed, sold, of-
fered for sale, furnished, offered to furnish, given
away, offered to give away, transported, offered to
transport, imported, or offered to import,
with the intent or effect of facilitating an alien’s applica-
tion for, or receipt of, a Federal benefit to which the alien
is not entitled, the penalties which may be imposed for
each offense under subsection (a) shall be two times the
maximum fine, and 3 times the maximum term of impris-
onment, or both, that would otherwise be imposed for an
offense under subsection (a).
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‘‘(c) For purposes of this section—
‘‘(1) the term ‘Federal benefit’ means—
‘‘(A) the issuance of any grant, contract,
loan, professional license, or commercial license
provided by any agency of the United States or
by appropriated funds of the United States; and
‘‘(B) any retirement, welfare, Social Secu-
rity, health (including treatment of an emer-
gency medical condition in accordance with sec-
tion 1903(v) of the Social Security Act (19
U.S.C. 1396b(v))), disability, veterans, public
housing, education, food stamps, or unemploy-
ment benefit, or any similar benefit for which
payments or assistance are provided by an
agency of the United States or by appropriated
funds of the United States; and
‘‘(2) each instance of forgery, counterfeiting,
mutilation, or alteration shall constitute a separate
offense under this section.’’.
SEC. 562. TREATMENT OF EXPENSES SUBJECT TO EMER-
GENCY MEDICAL SERVICES EXCEPTION.
(a) IN GENERAL.—Subject to such amounts as are
provided in advance in appropriation Acts, each State or
political subdivision of a State that provides medical as-
sistance for care and treatment of an emergency medical
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condition (as defined in subsection (d)) through a public
hospital or other public facility (including a nonprofit hos-
pital that is eligible for an additional payment adjustment
under section 1886 of the Social Security Act) or through
contract with another hospital or facility to an individual
who is an alien not lawfully present in the United States
is eligible for payment from the Federal Government of
its costs of providing such services, but only to the extent
that such costs are not otherwise reimbursed through any
other Federal program and cannot be recovered from the
alien or another person.
(b) CONFIRMATION OF IMMIGRATION STATUS RE-
QUIRED.—No payment shall be made under this section
with respect to services furnished to an individual unless
the immigration status of the individual has been verified
through appropriate procedures established by the Sec-
retary of Health and Human Services and the Attorney
General.
(c) ADMINISTRATION.—This section shall be adminis-
tered by the Attorney General, in consultation with the
Secretary of Health and Human Services.
(d) EMERGENCY MEDICAL CONDITION DEFINED.—
For purposes of this section, the term ‘‘emergency medical
condition’’ means a medical condition (including emer-
gency labor and delivery) manifesting itself by acute symp-
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toms of sufficient severity (including severe pain) such
that the absence of immediate medical attention could rea-
sonably be expected to result in—
(1) placing the patient’s health in serious jeop-
ardy,
(2) serious impairment to bodily functions, or
(3) serious dysfunction of any bodily organ or
part.
(e) EFFECTIVE DATE.—Subsection (a) shall apply to
medical assistance for care and treatment of an emergency
medical condition furnished on or after January 1, 1997.
SEC. 563. REIMBURSEMENT OF STATES AND LOCALITIES
FOR EMERGENCY AMBULANCE SERVICES.
Subject to the availability of appropriations, the At-
torney General shall fully reimburse States and political
subdivisions of States for costs incurred by such a State
or subdivision for emergency ambulance services provided
to any alien who—
(1) is injured while crossing a land or sea bor-
der of the United States without inspection or at
any time or place other than as designated by the
Attorney General; and
(2) is under the custody of the State or subdivi-
sion pursuant to a transfer, request, or other action
by a Federal authority.
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SEC. 564. PILOT PROGRAMS TO REQUIRE BONDING.
(a) IN GENERAL.—
(1) The Attorney General of the United States
shall establish a pilot program in 5 district offices
of the Immigration and Naturalization Service to re-
quire aliens to post a bond in addition to the affida-
vit requirements under section 213A of the Immi-
gration and Nationality Act and the deeming re-
quirements under section 421 of the Personal Re-
sponsibility and Work Opportunity Reconciliation
Act of 1996 (8 U.S.C. 1631). Any pilot program es-
tablished pursuant to this subsection shall require
an alien to post a bond in an amount sufficient to
cover the cost of benefits described in section
213A(d)(2)(B) of the Immigration and Nationality
Act (as amended by section 551(a) of this division)
for the alien and the alien’s dependents and shall re-
main in effect until the departure, naturalization, or
death of the alien.
(2) Suit on any such bonds may be brought
under the terms and conditions set forth in section
213A of the Immigration and Nationality Act.
(b) REGULATIONS.—Not later than 180 days after
the date of the enactment of this Act, the Attorney Gen-
eral shall issue regulations for establishing the pilot pro-
grams, including—
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(1) criteria and procedures for—
(A) certifying bonding companies for par-
ticipation in the program, and
(B) debarment of any such company that
fails to pay a bond, and
(2) criteria for setting the amount of the bond
to assure that the bond is in an amount that is not
less than the cost of providing benefits under the
programs described in subsection (a)(1) for the alien
and the alien’s dependents for 6 months.
(c) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated such sums as may be
necessary to carry out this section.
(d) ANNUAL REPORTING REQUIREMENT.—Begin-
ning 9 months after the date of implementation of the
pilot program, the Attorney General shall submit annually
to the Committees on the Judiciary of the House of Rep-
resentatives and the Senate a report on the effectiveness
of the program. The Attorney General shall submit a final
evaluation of the program not later than 1 year after ter-
mination.
(e) SUNSET.—The pilot program under this section
shall terminate after 3 years of operation.
(f) BONDS
IN ADDITION
TO SPONSORSHIP
AND
DEEMING REQUIREMENTS.—Section 213 (8 U.S.C. 1183)
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is amended by inserting ‘‘(subject to the affidavit of sup-
port requirement and attribution of sponsor’s income and
resources under section 213A)’’ after ‘‘in the discretion
of the Attorney General’’.
SEC. 565. REPORTS.
Not later than 180 days after the end of each fiscal
year, the Attorney General shall submit a report to the
Inspector General of the Department of Justice and the
Committees on the Judiciary of the House of Representa-
tives and of the Senate describing the following:
(1) PUBLIC
CHARGE
DEPORTATIONS.—The
number of aliens deported on public charge grounds
under section 241(a)(5) of the Immigration and Na-
tionality Act during the previous fiscal year.
(2) INDIGENT SPONSORS.—The number of de-
terminations made under section 421(e) of the Per-
sonal Responsibility and Work Opportunity Rec-
onciliation Act of 1996 (as added by section 552 of
this division) during the previous fiscal year.
(3) REIMBURSEMENT
ACTIONS.—The number
of actions brought, and the amount of each action,
for reimbursement under section 213A of the Immi-
gration and Nationality Act (including private collec-
tions) for the costs of providing public benefits.
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Subtitle E—Housing Assistance
SEC. 571. SHORT TITLE.
This subtitle may be cited as the ‘‘Use of Assisted
Housing by Aliens Act of 1996’’.
SEC. 572. PRORATING OF FINANCIAL ASSISTANCE.
Section 214(b) of the Housing and Community De-
velopment Act of 1980 (42 U.S.C. 1436a(b)) is amend-
ed—
(1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and
(2) by adding at the end the following new
paragraph:
‘‘(2) If the eligibility for financial assistance of at
least one member of a family has been affirmatively estab-
lished under the program of financial assistance and under
this section, and the ineligibility of one or more family
members has not been affirmatively established under this
section, any financial assistance made available to that
family by the Secretary of Housing and Urban Develop-
ment shall be prorated, based on the number of individuals
in the family for whom eligibility has been affirmatively
established under the program of financial assistance and
under this section, as compared with the total number of
individuals who are members of the family.’’.
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SEC. 573. ACTIONS IN CASES OF TERMINATION OF FINAN-
CIAL ASSISTANCE.
Section 214(c)(1) of the Housing and Community
Development Act of 1980 (42 U.S.C. 1436a(c)(1)) is
amended—
(1) in the matter preceding subparagraph (A),
by striking ‘‘may, in its discretion,’’ and inserting
‘‘shall’’;
(2) in subparagraph (A), by adding at the end
the following: ‘‘Financial assistance continued under
this subparagraph for a family may be provided only
on a prorated basis, under which the amount of fi-
nancial assistance is based on the percentage of the
total number of members of the family that are eligi-
ble for that assistance under the program of finan-
cial assistance and under this section.’’; and
(3) in subparagraph (B)—
(A) by striking ‘‘3 years’’ and inserting
‘‘18-months’’;
(B) by inserting ‘‘(i)’’ after ‘‘(B)’’;
(C) by striking ‘‘Any deferral’’ and insert-
ing the following:
‘‘(ii) Except as provided in clause (iii), any
deferral’’; and
(D) by adding at the end the following new
clauses:
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‘‘(iii) The time period described in clause
(ii) shall not apply in the case of a refugee
under section 207 of the Immigration and Na-
tionality Act or an individual seeking asylum
under section 208 of that Act.’’.
SEC. 574. VERIFICATION OF IMMIGRATION STATUS AND
ELIGIBILITY FOR FINANCIAL ASSISTANCE.
Section 214(d) of the Housing and Community De-
velopment Act of 1980 (42 U.S.C. 1436a(d)) is amend-
ed—
(1) in the matter preceding paragraph (1), by
inserting ‘‘or to be’’ after ‘‘being’’;
(2) in paragraph (1)(A), by adding at the end
the following: ‘‘If the declaration states that the in-
dividual is not a citizen or national of the United
States and that the individual is younger than 62
years of age, the declaration shall be verified by the
Immigration and Naturalization Service. If the dec-
laration states that the individual is a citizen or na-
tional of the United States, the Secretary of Hous-
ing and Urban Development, or the agency admin-
istering assistance covered by this section, may re-
quest verification of the declaration by requiring
presentation of documentation that the Secretary
considers appropriate, including a United States
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passport, resident alien card, alien registration card,
social security card, or other documentation.’’;
(3) in paragraph (2)—
(A) in the matter preceding subparagraph
(A), by striking ‘‘on the date of the enactment
of the Housing and Community Development
Act of 1987’’ and inserting ‘‘on the date of en-
actment of the Use of Assisted Housing by
Aliens Act of 1996 or applying for financial as-
sistance on or after that date’’; and
(B) by adding at the end the following:
‘‘In the case of an individual applying for financial assist-
ance on or after the date of enactment of the Use of As-
sisted Housing by Aliens Act of 1996, the Secretary may
not provide any such assistance for the benefit of that in-
dividual before documentation is presented and verified
under paragraph (3) or (4).’’;
(4) in paragraph (4)—
(A) in the matter preceding subparagraph
(A), by striking ‘‘on the date of the enactment
of the Housing and Community Development
Act of 1987’’ and inserting ‘‘on the date of en-
actment of the Use of Assisted Housing by
Aliens Act of 1996 or applying for financial as-
sistance on or after that date’’;
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(B) in subparagraph (A)—
(i) in clause (i)—
(I) by inserting ‘‘, not to exceed
30 days,’’ after ‘‘reasonable oppor-
tunity’’; and
(II) by striking ‘‘and’’ at the end;
and
(ii) by striking clause (ii) and insert-
ing the following:
‘‘(ii) in the case of any individual re-
ceiving assistance on the date of enactment
of the Use of Assisted Housing by Aliens
Act of 1996, may not delay, deny, reduce,
or terminate the eligibility of that individ-
ual for financial assistance on the basis of
the immigration status of that individual
until the expiration of that 30-day period;
and
‘‘(iii) in the case of any individual ap-
plying for financial assistance on or after
the date of enactment of the Use of As-
sisted Housing by Aliens Act of 1996, may
not deny the application for such assist-
ance on the basis of the immigration status
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of that individual until the expiration of
that 30-day period; and’’; and
(C) in subparagraph (B), by striking
clause (ii) and inserting the following:
‘‘(ii) pending such verification or ap-
peal, the Secretary may not—
‘‘(I) in the case of any individual
receiving assistance on the date of en-
actment of the Use of Assisted Hous-
ing by Aliens Act of 1996, delay,
deny, reduce, or terminate the eligi-
bility of that individual for financial
assistance on the basis of the immi-
gration status of that individual; and
‘‘(II) in the case of any individ-
ual applying for financial assistance
on or after the date of enactment of
the Use of Assisted Housing by Aliens
Act of 1996, deny the application for
such assistance on the basis of the im-
migration status of that individual;
and’’;
(5) in paragraph (5), by striking ‘‘status—’’
and all that follows through the end of the para-
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graph and inserting the following: ‘‘status, the Sec-
retary shall—
‘‘(A) deny the application of that individ-
ual for financial assistance or terminate the eli-
gibility of that individual for financial assist-
ance, as applicable;
‘‘(B) provide that the individual may re-
quest a fair hearing during the 30-day period
beginning upon receipt of the notice under sub-
paragraph (C); and
‘‘(C) provide to the individual written no-
tice of the determination under this paragraph,
the right to a fair hearing process, and the time
limitation for requesting a hearing under sub-
paragraph (C).’’; and
(6) by striking paragraph (6) and inserting the
following:
‘‘(6) The Secretary shall terminate the eligi-
bility for financial assistance of an individual and
the members of the household of the individual, for
a period of not less than 24 months, upon determin-
ing that such individual has knowingly permitted an-
other individual who is not eligible for such assist-
ance to reside in the public or assisted housing unit
of the individual. This provision shall not apply to
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a family if the ineligibility of the ineligible individual
at issue was considered in calculating any proration
of assistance provided for the family.’’.
SEC. 575. PROHIBITION OF SANCTIONS AGAINST ENTITIES
MAKING 
FINANCIAL 
ASSISTANCE 
ELIGI-
BILITY DETERMINATIONS.
Section 214(e) of the Housing and Community Devel-
opment Act of 1980 (42 U.S.C. 1436a(e)) is amended—
(1) in paragraph (2), by adding ‘‘or’’ at the
end;
(2) in paragraph (3), by adding at the end the
following: ‘‘the response from the Immigration and
Naturalization Service to the appeal of that individ-
ual.’’; and
(3) by striking paragraph (4).
SEC. 576. ELIGIBILITY FOR PUBLIC AND ASSISTED HOUS-
ING.
Section 214 of the Housing and Community Develop-
ment Act of 1980 (42 U.S.C. 1436a) is amended by add-
ing at the end the following new subsection:
‘‘(h) VERIFICATION OF ELIGIBILITY.—
‘‘(1) IN GENERAL.—Except in the case of an
election under paragraph (2)(A), no individual or
family applying for financial assistance may receive
such financial assistance prior to the affirmative es-
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tablishment and verification of eligibility of at least
the individual or one family member under this sec-
tion by the Secretary or other appropriate entity.
‘‘(2) RULES APPLICABLE TO PUBLIC HOUSING
AGENCIES.—A public housing agency (as that term
is defined in section 3 of the United States Housing
Act of 1937)—
‘‘(A) may elect not to comply with this sec-
tion; and
‘‘(B) in complying with this section—
‘‘(i) may initiate procedures to affirm-
atively establish or verify the eligibility of
an individual or family under this section
at any time at which the public housing
agency determines that such eligibility is in
question, regardless of whether or not that
individual or family is at or near the top
of the waiting list of the public housing
agency;
‘‘(ii) may affirmatively establish or
verify the eligibility of an individual or
family under this section in accordance
with the procedures set forth in section
274A(b)(1) of the Immigration and Na-
tionality Act; and
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‘‘(iii) shall have access to any relevant
information contained in the SAVE system
(or any successor thereto) that relates to
any individual or family applying for finan-
cial assistance.
‘‘(3) ELIGIBILITY OF FAMILIES.—For purposes
of this subsection, with respect to a family, the term
‘eligibility’ means the eligibility of each family mem-
ber.’’.
SEC. 577. REGULATIONS.
(a) ISSUANCE.—Not later than the 60 days after the
date of enactment of this Act, the Secretary of Housing
and Urban Development shall issue any regulations nec-
essary to implement the amendments made by this part.
Such regulations shall be issued in the form of an interim
final rule, which shall take effect upon issuance and shall
not be subject to the provisions of section 533 of title 5,
United States Code, regarding notice or opportunity for
comment.
(b) FAILURE TO ISSUE.—If the Secretary fails to
issue the regulations required under subsection (a) before
the date specified in that subsection, the regulations relat-
ing to restrictions on assistance to noncitizens, contained
in the final rule issued by the Secretary of Housing and
Urban Development in RIN–2501–AA63 (Docket No. R–
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95–1409; FR–2383–F–050), published in the Federal
Register on March 20, 1995 (Vol. 60, No. 53; pp. 14824–
14861), shall not apply after that date.
Subtitle F—General Provisions
SEC. 591. EFFECTIVE DATES.
Except as provided in this title, this title and the
amendments made by this title shall take effect on the
date of the enactment of this Act.
SEC. 592. NOT APPLICABLE TO FOREIGN ASSISTANCE.
This title does not apply to any Federal, State, or
local governmental program, assistance, or benefits pro-
vided to an alien under any program of foreign assistance
as determined by the Secretary of State in consultation
with the Attorney General.
SEC. 593. NOTIFICATION.
(a) IN GENERAL.—Each agency of the Federal Gov-
ernment or a State or political subdivision that admin-
isters a program affected by the provisions of this title,
shall, directly or through the States, provide general noti-
fication to the public and to program recipients of the
changes regarding eligibility for any such program pursu-
ant to this title.
(b) FAILURE TO GIVE NOTICE.—Nothing in this sec-
tion shall be construed to require or authorize continu-
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ation of eligibility if the notice under this section is not
provided.
SEC. 594. DEFINITIONS.
Except as otherwise provided in this title, for pur-
poses of this title—
(1) the terms ‘‘alien’’, ‘‘Attorney General’’, ‘‘na-
tional’’, ‘‘naturalization’’, ‘‘State’’, and ‘‘United
States’’ shall have the meaning given such terms in
section 101(a) of the Immigration and Nationality
Act; and
(2) the term ‘‘child’’ shall have the meaning
given such term in section 101(c) of the Immigra-
tion and Nationality Act.
TITLE VI—MISCELLANEOUS
PROVISIONS
Subtitle A—Refugees, Parole, and
Asylum
SEC. 601. PERSECUTION FOR RESISTANCE TO COERCIVE
POPULATION CONTROL METHODS.
(a) DEFINITION OF REFUGEE.—
(1) Section 101(a)(42) (8 U.S.C. 1101(a)(42))
is amended by adding at the end the following: ‘‘For
purposes of determinations under this Act, a person
who has been forced to abort a pregnancy or to un-
dergo involuntary sterilization, or who has been per-
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secuted for failure or refusal to undergo such a pro-
cedure or for other resistance to a coercive popu-
lation control program, shall be deemed to have been
persecuted on account of political opinion, and a per-
son who has a well founded fear that he or she will
be forced to undergo such a procedure or subject to
persecution for such failure, refusal, or resistance
shall be deemed to have a well founded fear of perse-
cution on account of political opinion.’’.
(2) Not later than 90 days after the end of
each fiscal year, the Attorney General shall submit
a report to the Committee on the Judiciary of the
House of Representatives and the Committee on the
Judiciary of the Senate describing the number and
countries of origin of aliens granted refugee status
or asylum under determinations pursuant to the
amendment made by paragraph (1). Each such re-
port shall also contain projections regarding the
number and countries of origin of aliens that are
likely to be granted refugee status or asylum for the
subsequent 2 fiscal years.
(b) NUMERICAL LIMITATION.—Section 207(a) (8
U.S.C. 1157(a)) is amended by adding at the end the fol-
lowing new paragraph:
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‘‘(5) For any fiscal year, not more than a total of
1,000 refugees may be admitted under this subsection or
granted asylum under section 208 pursuant to a deter-
mination under the third sentence of section 101(a)(42)
(relating to persecution for resistance to coercive popu-
lation control methods).’’.
SEC. 602. LIMITATION ON USE OF PAROLE.
(a) PAROLE AUTHORITY.—Section 212(d)(5)(A) (8
U.S.C. 1182(d)(5)) is amended by striking ‘‘for emergent
reasons or for reasons deemed strictly in the public inter-
est’’ and inserting ‘‘only on a case-by-case basis for urgent
humanitarian reasons or significant public benefit’’.
(b) REPORT TO CONGRESS.—Not later than 90 days
after the end of each fiscal year, the Attorney General
shall submit a report to the Committee on the Judiciary
of the House of Representatives and the Committee on
the Judiciary of the Senate describing the number and
categories of aliens paroled into the United States under
section 212(d)(5) of the Immigration and Nationality Act.
Each such report shall provide the total number of aliens
paroled into and residing in the United States and shall
contain information and data for each country of origin
concerning the number and categories of aliens paroled,
the duration of parole, the current status of aliens paroled,
and the number and categories of aliens returned to the
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custody from which they were paroled during the preced-
ing fiscal year.
SEC. 603. TREATMENT OF LONG-TERM PAROLEES IN AP-
PLYING WORLDWIDE NUMERICAL LIMITA-
TIONS.
Section 201(c) (8 U.S.C. 1151(c)) is amended—
(1) by amending paragraph (1)(A)(ii) to read
as follows:
‘‘(ii) the sum of the number computed under
paragraph (2) and the number computed under
paragraph (4), plus’’; and
(2) by adding at the end the following new
paragraphs:
‘‘(4) The number computed under this paragraph for
a fiscal year (beginning with fiscal year 1999) is the num-
ber of aliens who were paroled into the United States
under section 212(d)(5) in the second preceding fiscal
year—
‘‘(A) who did not depart from the United States
(without advance parole) within 365 days; and
‘‘(B) who (i) did not acquire the status of aliens
lawfully admitted to the United States for perma-
nent residence in the two preceding fiscal years, or
(ii) acquired such status in such years under a pro-
vision of law (other than section 201(b)) which ex-
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empts such adjustment from the numerical limita-
tion on the worldwide level of immigration under
this section.
‘‘(5) If any alien described in paragraph (4) (other
than an alien described in paragraph (4)(B)(ii)) is subse-
quently admitted as an alien lawfully admitted for perma-
nent residence, such alien shall not again be considered
for purposes of paragraph (1).’’.
SEC. 604. ASYLUM REFORM.
(a) ASYLUM REFORM.—Section 208 (8 U.S.C. 1158)
is amended to read as follows:
‘‘ASYLUM
‘‘SEC. 208. (a) AUTHORITY TO APPLY FOR ASY-
LUM.—
‘‘(1) IN GENERAL.—Any alien who is physically
present in the United States or who arrives in the
United States (whether or not at a designated port
of arrival and including an alien who is brought to
the United States after having been interdicted in
international or United States waters), irrespective
of such alien’s status, may apply for asylum in ac-
cordance with this section or, where applicable, sec-
tion 235(b).
‘‘(2) EXCEPTIONS.—
‘‘(A) SAFE THIRD COUNTRY.—Paragraph
(1) shall not apply to an alien if the Attorney
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General determines that the alien may be re-
moved, pursuant to a bilateral or multilateral
agreement, to a country (other than the country
of the alien’s nationality or, in the case of an
alien having no nationality, the country of the
alien’s last habitual residence) in which the
alien’s life or freedom would not be threatened
on account of race, religion, nationality, mem-
bership in a particular social group, or political
opinion, and where the alien would have access
to a full and fair procedure for determining a
claim to asylum or equivalent temporary protec-
tion, unless the Attorney General finds that it
is in the public interest for the alien to receive
asylum in the United States.
‘‘(B) TIME
LIMIT.—Subject to subpara-
graph (D), paragraph (1) shall not apply to an
alien unless the alien demonstrates by clear and
convincing evidence that the application has
been filed within 1 year after the date of the
alien’s arrival in the United States.
‘‘(C) PREVIOUS ASYLUM APPLICATIONS.—
Subject to subparagraph (D), paragraph (1)
shall not apply to an alien if the alien has pre-
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viously applied for asylum and had such appli-
cation denied.
‘‘(D) CHANGED CIRCUMSTANCES.—An ap-
plication for asylum of an alien may be consid-
ered, notwithstanding subparagraphs (B) and
(C), if the alien demonstrates to the satisfaction
of the Attorney General either the existence of
changed circumstances which materially affect
the applicant’s eligibility for asylum or extraor-
dinary circumstances relating to the delay in fil-
ing an application within the period specified in
subparagraph (B).
‘‘(3) LIMITATION
ON
JUDICIAL
REVIEW.—No
court shall have jurisdiction to review any deter-
mination of the Attorney General under paragraph
(2).
‘‘(b) CONDITIONS FOR GRANTING ASYLUM.—
‘‘(1) IN GENERAL.—The Attorney General may
grant asylum to an alien who has applied for asylum
in accordance with the requirements and procedures
established by the Attorney General under this sec-
tion if the Attorney General determines that such
alien is a refugee within the meaning of section
101(a)(42)(A).
‘‘(2) EXCEPTIONS.—
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‘‘(A) IN
GENERAL.—Paragraph (1) shall
not apply to an alien if the Attorney General
determines that—
‘‘(i) the alien ordered, incited, as-
sisted, or otherwise participated in the per-
secution of any person on account of race,
religion, nationality, membership in a par-
ticular social group, or political opinion;
‘‘(ii) the alien, having been convicted
by a final judgment of a particularly seri-
ous crime, constitutes a danger to the com-
munity of the United States;
‘‘(iii) there are serious reasons for be-
lieving that the alien has committed a seri-
ous nonpolitical crime outside the United
States prior to the arrival of the alien in
the United States;
‘‘(iv) there are reasonable grounds for
regarding the alien as a danger to the se-
curity of the United States;
‘‘(v) the alien is inadmissible under
subclause (I), (II), (III), or (IV) of section
212(a)(3)(B)(i) or removable under section
237(a)(4)(B) (relating to terrorist activ-
ity), unless, in the case only of an alien in-
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admissible under subclause (IV) of section
212(a)(3)(B)(i), the Attorney General de-
termines, in the Attorney General’s discre-
tion, that there are not reasonable grounds
for regarding the alien as a danger to the
security of the United States; or
‘‘(vi) the alien was firmly resettled in
another country prior to arriving in the
United States.
‘‘(B) SPECIAL RULES.—
‘‘(i) CONVICTION
OF
AGGRAVATED
FELONY.—For purposes of clause (ii) of
subparagraph (A), an alien who has been
convicted of an aggravated felony shall be
considered to have been convicted of a par-
ticularly serious crime.
‘‘(ii) OFFENSES.—The Attorney Gen-
eral may designate by regulation offenses
that will be considered to be a crime de-
scribed in clause (ii) or (iii) of subpara-
graph (A).
‘‘(C) ADDITIONAL LIMITATIONS.—The At-
torney General may by regulation establish ad-
ditional limitations and conditions, consistent
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with this section, under which an alien shall be
ineligible for asylum under paragraph (1).
‘‘(D) NO JUDICIAL REVIEW.—There shall
be no judicial review of a determination of the
Attorney General under subparagraph (A)(v).
‘‘(3) TREATMENT
OF
SPOUSE
AND
CHIL-
DREN.—A spouse or child (as defined in section
101(b)(1)(A), (B), (C), (D), or (E)) of an alien who
is granted asylum under this subsection may, if not
otherwise eligible for asylum under this section, be
granted the same status as the alien if accompany-
ing, or following to join, such alien.
‘‘(c) ASYLUM STATUS.—
‘‘(1) IN
GENERAL.—In the case of an alien
granted asylum under subsection (b), the Attorney
General—
‘‘(A) shall not remove or return the alien
to the alien’s country of nationality or, in the
case of a person having no nationality, the
country of the alien’s last habitual residence;
‘‘(B) shall authorize the alien to engage in
employment in the United States and provide
the alien with appropriate endorsement of that
authorization; and
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‘‘(C) may allow the alien to travel abroad
with the prior consent of the Attorney General.
‘‘(2) TERMINATION OF ASYLUM.—Asylum granted
under subsection (b) does not convey a right to re-
main permanently in the United States, and may be
terminated if the Attorney General determines
that—
‘‘(A) the alien no longer meets the conditions
described in subsection (b)(1) owing to a fun-
damental change in circumstances;
‘‘(B) the alien meets a condition described in
subsection (b)(2);
‘‘(C) the alien may be removed, pursuant to
a bilateral or multilateral agreement, to a coun-
try (other than the country of the alien’s na-
tionality or, in the case of an alien having no
nationality, the country of the alien’s last habit-
ual residence) in which the alien’s life or free-
dom would not be threatened on account of
race, religion, nationality, membership in a par-
ticular social group, or political opinion, and
where the alien is eligible to receive asylum or
equivalent temporary protection;
‘‘(D) the alien has voluntarily availed himself
or herself of the protection of the alien’s coun-
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try of nationality or, in the case of an alien
having no nationality, the alien’s country of last
habitual residence, by returning to such country
with permanent resident status or the reason-
able possibility of obtaining such status with
the same rights and obligations pertaining to
other permanent residents of that country; or
‘‘(E) the alien has acquired a new nationality
and enjoys the protection of the country of his
or her new nationality.
‘‘(3) REMOVAL WHEN ASYLUM IS TERMINATED.—
An alien described in paragraph (2) is subject to any
applicable grounds of inadmissibility or deportability
under section 212(a) and 237(a), and the alien’s re-
moval or return shall be directed by the Attorney
General in accordance with sections 240 and 241.
‘‘(d) ASYLUM PROCEDURE.—
‘‘(1) APPLICATIONS.—The Attorney General shall
establish a procedure for the consideration of asylum
applications filed under subsection (a). The Attorney
General may require applicants to submit finger-
prints and a photograph at such time and in such
manner to be determined by regulation by the Attor-
ney General.
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‘‘(2) EMPLOYMENT.—An applicant for asylum is
not entitled to employment authorization, but such
authorization may be provided under regulation by
the Attorney General. An applicant who is not other-
wise eligible for employment authorization shall not
be granted such authorization prior to 180 days
after the date of filing of the application for asylum.
‘‘(3) FEES.—The Attorney General may impose
fees for the consideration of an application for asy-
lum, for employment authorization under this sec-
tion, and for adjustment of status under section
209(b). Such fees shall not exceed the Attorney Gen-
eral’s costs in adjudicating the applications. The At-
torney General may provide for the assessment and
payment of such fees over a period of time or by in-
stallments. Nothing in this paragraph shall be con-
strued to require the Attorney General to charge
fees for adjudication services provided to asylum ap-
plicants, or to limit the authority of the Attorney
General to set adjudication and naturalization fees
in accordance with section 286(m).
‘‘(4) NOTICE
OF
PRIVILEGE
OF
COUNSEL
AND
CONSEQUENCES
OF
FRIVOLOUS
APPLICATION.—At
the time of filing an application for asylum, the At-
torney General shall—
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‘‘(A) advise the alien of the privilege of being
represented by counsel and of the consequences,
under paragraph (6), of knowingly filing a friv-
olous application for asylum; and
‘‘(B) provide the alien a list of persons (up-
dated not less often than quarterly) who have
indicated their availability to represent aliens in
asylum proceedings on a pro bono basis.
‘‘(5) 
CONSIDERATION
OF
ASYLUM
APPLICA-
TIONS.—
‘‘(A) PROCEDURES.—The procedure estab-
lished under paragraph (1) shall provide that—
‘‘(i) asylum cannot be granted until
the identity of the applicant has been
checked against all appropriate records or
databases maintained by the Attorney Gen-
eral and by the Secretary of State, includ-
ing the Automated Visa Lookout System,
to determine any grounds on which the
alien may be inadmissible to or deportable
from the United States, or ineligible to
apply for or be granted asylum;
‘‘(ii) in the absence of exceptional cir-
cumstances, the initial interview or hearing
on the asylum application shall commence
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not later than 45 days after the date an
application is filed;
‘‘(iii) in the absence of exceptional cir-
cumstances, final administrative adjudica-
tion of the asylum application, not includ-
ing administrative appeal, shall be com-
pleted within 180 days after the date an
application is filed;
‘‘(iv) any administrative appeal shall be
filed within 30 days of a decision granting
or denying asylum, or within 30 days of
the completion of removal proceedings be-
fore an immigration judge under section
240, whichever is later; and
‘‘(v) in the case of an applicant for asy-
lum who fails without prior authorization
or in the absence of exceptional cir-
cumstances to appear for an interview or
hearing, including a hearing under section
240, the application may be dismissed or
the applicant may be otherwise sanctioned
for such failure.
‘‘(B) 
ADDITIONAL
REGULATORY
CONDI-
TIONS.—The Attorney General may provide by
regulation for any other conditions or limita-
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tions on the consideration of an application for
asylum not inconsistent with this Act.
‘‘(6) FRIVOLOUS APPLICATIONS.—If the Attorney
General determines that an alien has knowingly
made a frivolous application for asylum and the
alien has received the notice under paragraph
(4)(A), the alien shall be permanently ineligible for
any benefits under this Act, effective as of the date
of a final determination on such application.
‘‘(7) NO PRIVATE RIGHT OF ACTION.—Nothing in
this subsection shall be construed to create any sub-
stantive or procedural right or benefit that is legally
enforceable by any party against the United States
or its agencies or officers or any other person.’’.
(b) 
CONFORMING
AND
CLERICAL
AMEND-
MENTS.—
(1) The item in the table of contents relating to
section 208 is amended to read as follows:
‘‘Sec. 208. Asylum.’’.
(2) Section 104(d)(1)(A) of the Immigration Act
of 1990 (Public Law 101–649) is amended by strik-
ing ‘‘208(b)’’ and inserting ‘‘208’’.
(c) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply to applications for asylum filed
on or after the first day of the first month beginning
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more than 180 days after the date of the enactment of
this Act.
SEC. 605. INCREASE IN ASYLUM OFFICERS.
Subject to the availability of appropriations, the
Attorney General shall provide for an increase in the
number of asylum officers to at least 600 asylum officers
by fiscal year 1997.
SEC. 606. CONDITIONAL REPEAL OF CUBAN ADJUSTMENT
ACT.
(a) IN GENERAL.—Public Law 89–732 is repealed
effective only upon a determination by the President
under section 203(c)(3) of the Cuban Liberty and Demo-
cratic Solidarity (LIBERTAD) Act of 1996 (Public Law
104–114) that a democratically elected government in
Cuba is in power.
(b) LIMITATION.—Subsection (a) shall not apply
to aliens for whom an application for adjustment of sta-
tus is pending on such effective date.
Subtitle B—Miscellaneous Amend-
ments to the Immigration and
Nationality Act
SEC. 621. ALIEN WITNESS COOPERATION.
Section 214(j)(1) (8 U.S.C. 1184(j)(1)) (as added
by section 130003(b)(2) of the Violent Crime Control and
Law Enforcement Act of 1994 (Public Law 103–322;
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108 Stat. 2025)) (relating to numerical limitations on the
number of aliens who may be provided a visa as non-
immigrants under section 101(a)(15)(S) of the Immigra-
tion and Nationality Act) is amended—
(1) by striking ‘‘100.’’ and inserting ‘‘200.’’; and
(2) by striking ‘‘25.’’ and inserting ‘‘50.’’.
SEC. 622. WAIVER OF FOREIGN COUNTRY RESIDENCE RE-
QUIREMENT 
WITH 
RESPECT 
TO 
INTER-
NATIONAL MEDICAL GRADUATES.
(a) EXTENSION OF WAIVER PROGRAM.—Section
220(c) of the Immigration and Nationality Technical
Corrections Act of 1994 (8 U.S.C. 1182 note) is amend-
ed by striking ‘‘1996.’’ and inserting ‘‘2002.’’.
(b) CONDITIONS
ON
FEDERALLY
REQUESTED
WAIVERS.—Section 212(e) (8 U.S.C. 1182(e)) is amend-
ed by inserting after ‘‘except that in the case of a waiver
requested by a State Department of Public Health, or its
equivalent’’ the following: ‘‘, or in the case of a waiver
requested by an interested United States Government
agency on behalf of an alien described in clause (iii),’’.
(c) RESTRICTIONS
ON FEDERALLY REQUESTED
WAIVERS.—Section 214(k) (8 U.S.C. 1184(k)) (as added
by section 220(b) of the Immigration and Nationality
Technical Corrections Act of 1994 (Public Law 103–416;
108 Stat. 4319)) is amended to read as follows:
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‘‘(k)(1) In the case of a request by an interested
State agency, or by an interested Federal agency, for a
waiver of the 2-year foreign residence requirement under
section 212(e) on behalf of an alien described in clause
(iii) of such section, the Attorney General shall not grant
such waiver unless—
‘‘(A) in the case of an alien who is otherwise con-
tractually obligated to return to a foreign country,
the government of such country furnishes the Direc-
tor of the United States Information Agency with a
statement in writing that it has no objection to such
waiver;
‘‘(B) in the case of a request by an interested
State agency, the grant of such waiver would not
cause the number of waivers allotted for that State
for that fiscal year to exceed 20;
‘‘(C) in the case of a request by an interested
Federal agency or by an interested State agency—
‘‘(i) the alien demonstrates a bona fide offer
of full-time employment at a health facility or
health care organization, which employment has
been determined by the Attorney General to be
in the public interest; and
‘‘(ii) the alien agrees to begin employment
with the health facility or health care organiza-
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tion within 90 days of receiving such waiver,
and agrees to continue to work for a total of
not less than 3 years (unless the Attorney Gen-
eral determines that extenuating circumstances
exist, such as closure of the facility or hardship
to the alien, which would justify a lesser period
of employment at such health facility or health
care organization, in which case the alien must
demonstrate another bona fide offer of employ-
ment at a health facility or health care organi-
zation for the remainder of such 3-year period);
and
‘‘(D) in the case of a request by an interested
Federal agency (other than a request by an inter-
ested Federal agency to employ the alien full-time in
medical research or training) or by an interested
State agency, the alien agrees to practice medicine
in accordance with paragraph (2) for a total of not
less than 3 years only in the geographic area or
areas which are designated by the Secretary of
Health and Human Services as having a shortage of
health care professionals.
‘‘(2)(A) Notwithstanding section 248(2), the At-
torney General may change the status of an alien
who qualifies under this subsection and section
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212(e) to that of an alien described in section
101(a)(15)(H)(i)(b).
‘‘(B) No person who has obtained a change of sta-
tus under subparagraph (A) and who has failed to
fulfill the terms of the contract with the health facil-
ity or health care organization named in the waiver
application shall be eligible to apply for an immi-
grant visa, for permanent residence, or for any other
change of nonimmigrant status, until it is estab-
lished that such person has resided and been phys-
ically present in the country of his nationality or his
last residence for an aggregate of at least 2 years
following departure from the United States.
‘‘(3) Notwithstanding any other provision of this
subsection, the 2-year foreign residence requirement
under section 212(e) shall apply with respect to an
alien described in clause (iii) of such section, who
has not otherwise been accorded status under section
101(a)(27)(H), if—
‘‘(A) at any time the alien ceases to com-
ply with any agreement entered into under sub-
paragraph (C) or (D) of paragraph (1); or
‘‘(B) the alien’s employment ceases to ben-
efit the public interest at any time during the
3-year period described in paragraph (1)(C).’’.
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SEC. 623. USE OF LEGALIZATION AND SPECIAL AGRICUL-
TURAL WORKER INFORMATION.
(a) CONFIDENTIALITY
OF
INFORMATION.—Section
245A(c)(5) (8 U.S.C. 1255a(c)(5)) is amended to read as
follows:
‘‘(5) CONFIDENTIALITY OF INFORMATION.—
‘‘(A) IN GENERAL.—Except as provided in
this paragraph, neither the Attorney General,
nor any other official or employee of the De-
partment of Justice, or bureau or agency there-
of, may—
‘‘(i) use the information furnished by
the applicant pursuant to an application
filed under this section for any purpose
other than to make a determination on the
application, for enforcement of paragraph
(6), or for the preparation of reports to
Congress under section 404 of the Immi-
gration Reform and Control Act of 1986;
‘‘(ii) make any publication whereby
the information furnished by any particu-
lar applicant can be identified; or
‘‘(iii) permit anyone other than the
sworn officers and employees of the De-
partment or bureau or agency or, with re-
spect to applications filed with a des-
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formation, a fee established by the Attorney General
under paragraph (4) at the time—
(A) when the alien first registers with the
institution or program after entering the United
States; or
(B) in a case where a registration under
subparagraph (A) does not exist, when the alien
first commences activities in the United States
with the institution or program.
(2) REMITTANCE.—An approved institution of
higher education and a designated exchange visitor
program shall remit the fees collected under para-
graph (1) to the Attorney General pursuant to a
schedule established by the Attorney General.
(3) ALIENS DESCRIBED.—An alien referred to
in paragraph (1) is an alien who has nonimmigrant
status under subparagraph (F), (J), or (M) of sec-
tion 101(a)(15) of the Immigration and Nationality
Act (other than a nonimmigrant under section
101(a)(15)(J) of such Act who has come to the
United States as a participant in a program spon-
sored by the Federal Government).
(4) AMOUNT AND USE OF FEES.—
(A) ESTABLISHMENT
OF
AMOUNT.—The
Attorney General shall establish the amount of