H. R. 4—146
ing information on, any individual who the State knows is
unlawfully in the United States.’’.
(c) SSI.—Section 1631(e) of such Act (42 U.S.C. 1383(e)) is
amended—
(1) by redesignating paragraphs (6) and (7) inserted by
sections 206(d)(2) and 206(f)(1) of the Social Security Independ-
ence and Programs Improvement Act of 1994 (Public Law 103–
296; 108 Stat. 1514, 1515) as paragraphs (7) and (8), respec-
tively; and
(2) by adding at the end the following new paragraph:
‘‘(9) Notwithstanding any other provision of law, the
Commissioner shall, at least 4 times annually and upon request
of the Immigration and Naturalization Service (hereafter in
this paragraph referred to as the ‘Service’), furnish the Service
with the name and address of, and other identifying information
on, any individual who the Commissioner knows is unlawfully
in the United States, and shall ensure that each agreement
entered into under section 1616(a) with a State provides that
the State shall furnish such information at such times with
respect to any individual who the State knows is unlawfully
in the United States.’’.
(d) INFORMATION REPORTING FOR HOUSING PROGRAMS.—Title
I of the United States Housing Act of 1937 (42 U.S.C. 1437 et
seq.), as amended by this Act, is further amended by adding at
the end the following new section:
‘‘SEC. 28. PROVISION OF INFORMATION TO LAW ENFORCEMENT AND
OTHER AGENCIES.
‘‘Notwithstanding any other provision of law, the Secretary
shall, at least 4 times annually and upon request of the Immigration
and Naturalization Service (hereafter in this section referred to
as the ‘Service’), furnish the Service with the name and address
of, and other identifying information on, any individual who the
Secretary knows is unlawfully in the United States, and shall
ensure that each contract for assistance entered into under section
6 or 8 of this Act with a public housing agency provides that
the public housing agency shall furnish such information at such
times with respect to any individual who the public housing agency
knows is unlawfully in the United States.’’.
Subtitle B—Eligibility for State and Local
Public Benefits Programs
SEC. 411. ALIENS 
WHO 
ARE 
NOT 
QUALIFIED 
ALIENS 
OR
NONIMMIGRANTS INELIGIBLE FOR STATE AND LOCAL
PUBLIC BENEFITS.
(a) IN GENERAL.—Notwithstanding any other provision of law
and except as provided in subsections (b) and (d), an alien who
is not—
(1) a qualified alien (as defined in section 431),
(2) a nonimmigrant under the Immigration and Nationality
Act, or
(3) an alien who is paroled into the United States under
section 212(d)(5) of such Act for less than one year,
is not eligible for any State or local public benefit (as defined
in subsection (c)).
H. R. 4—147
(b) EXCEPTIONS.—Subsection (a) shall not apply with respect
to the following State or local public benefits:
(1) Emergency medical services under title XIX or XXI
of the Social Security Act.
(2) Short-term, non-cash, in-kind emergency disaster relief.
(3)(A) Public health assistance for immunizations.
(B) Public health assistance for testing and treatment
of a serious communicable disease if the Secretary of Health
and Human Services determines that it is necessary to
prevent the spread of such disease.
(4) Programs, services, or assistance (such as soup kitchens,
crisis counseling and intervention, and short-term shelter)
specified by the Attorney General, in the Attorney General’s
sole and unreviewable discretion after consultation with appro-
priate Federal agencies and departments, which (A) deliver
in-kind services at the community level, including through pub-
lic or private nonprofit agencies; (B) do not condition the provi-
sion of assistance, the amount of assistance provided, or the
cost of assistance provided on the individual recipient’s income
or resources; and (C) are necessary for the protection of life
or safety.
(c) STATE OR LOCAL PUBLIC BENEFIT DEFINED.—
(1) Except as provided in paragraph (2), for purposes of
this subtitle the term ‘‘State or local public benefit’’ means—
(A) any grant, contract, loan, professional license, or
commercial license provided by an agency of a State or
local government or by appropriated funds of a State or
local government; and
(B) any retirement, welfare, health, disability, public
or assisted housing, post-secondary education, food assist-
ance, unemployment benefit, or any other similar benefit
for which payments or assistance are provided to an
individual, household, or family eligibility unit by an
agency of a State or local government or by appropriated
funds of a State or local government.
(2) Such term shall not apply—
(A) to any contract, professional license, or commercial
license for a nonimmigrant whose visa for entry is related
to such employment in the United States; or
(B) with respect to benefits for an alien who as a
work authorized nonimmigrant or as an alien lawfully
admitted for permanent residence under the Immigration
and Nationality Act qualified for such benefits and for
whom the United States under reciprocal treaty agree-
ments is required to pay benefits, as determined by the
Secretary of State, after consultation with the Attorney
General.
(d) STATE AUTHORITY TO PROVIDE FOR ELIGIBILITY OF ILLEGAL
ALIENS FOR STATE AND LOCAL PUBLIC BENEFITS.—A State may
provide that an alien who is not lawfully present in the United
States is eligible for any State or local public benefit for which
such alien would otherwise be ineligible under subsection (a) only
through the enactment of a State law after the date of the enact-
ment of this Act which affirmatively provides for such eligibility.
H. R. 4—148
SEC. 412. STATE AUTHORITY TO LIMIT ELIGIBILITY OF QUALIFIED
ALIENS FOR STATE PUBLIC BENEFITS.
(a) IN GENERAL.—Notwithstanding any other provision of law
and except as provided in subsection (b), a State is authorized
to determine the eligibility for any State public benefits (as defined
in subsection (c) of an alien who is a qualified alien (as defined
in section 431), a nonimmigrant under the Immigration and
Nationality Act, or an alien who is paroled into the United States
under section 212(d)(5) of such Act for less than one year.
(b) EXCEPTIONS.—Qualified aliens under this subsection shall
be eligible for any State public benefits.
(1) TIME-LIMITED EXCEPTION FOR REFUGEES AND ASYLEES.—
(A) An alien who is admitted to the United States
as a refugee under section 207 of the Immigration and
Nationality Act until 5 years after the date of an alien’s
entry into the United States.
(B) An alien who is granted asylum under section
208 of such Act until 5 years after the date of such grant
of asylum.
(C) An alien whose deportation is being withheld under
section 243(h) of such Act until 5 years after such withhold-
ing.
(2) CERTAIN PERMANENT RESIDENT ALIENS.—An alien who—
(A) is lawfully admitted to the United States for perma-
nent residence under the Immigration and Nationality Act;
and
(B)(i) has worked 40 qualifying quarters of coverage
as defined under title II of the Social Security Act or
can be credited with such qualifying quarters as provided
under section 436, and (ii) did not receive any Federal
means-tested public benefit (as defined in section 403(c))
during any such quarter.
(3) VETERAN AND ACTIVE DUTY EXCEPTION.—An alien who
is lawfully residing in any State and is—
(A) a veteran (as defined in section 101 of title 38,
United States Code) with a discharge characterized as an
honorable discharge and not on account of alienage,
(B) on active duty (other than active duty for training)
in the Armed Forces of the United States, or
(C) the spouse or unmarried dependent child of an
individual described in subparagraph (A) or (B).
(4) TRANSITION FOR THOSE CURRENTLY RECEIVING BENE-
FITS.—An alien who on the date of the enactment of this Act
is lawfully residing in any State and is receiving benefits on
the date of the enactment of this Act shall continue to be
eligible to receive such benefits until January 1, 1997.
(c) STATE PUBLIC BENEFITS DEFINED.—The term ‘‘State public
benefits’’ means any means-tested public benefit of a State or politi-
cal subdivision of a State under which the State or political subdivi-
sion specifies the standards for eligibility, and does not include
any Federal public benefit.
H. R. 4—149
Subtitle C—Attribution of Income and
Affidavits of Support
SEC. 421. FEDERAL 
ATTRIBUTION 
OF 
SPONSOR’S 
INCOME 
AND
RESOURCES TO ALIEN.
(a) IN GENERAL.—Notwithstanding any other provision of law,
in determining the eligibility and the amount of benefits of an
alien for any Federal means-tested public benefits program (as
defined in section 403(c)), the income and resources of the alien
shall be deemed to include the following:
(1) The income and resources of any person who executed
an affidavit of support pursuant to section 213A of the Immigra-
tion and Nationality Act (as added by section 423) on behalf
of such alien.
(2) The income and resources of the spouse (if any) of
the person.
(b) APPLICATION.—Subsection (a) shall apply with respect to
an alien until such time as the alien—
(1) achieves United States citizenship through naturaliza-
tion pursuant to chapter 2 of title III of the Immigration and
Nationality Act; or
(2)(A) has worked 40 qualifying quarters of coverage as
defined under title II of the Social Security Act or can be
credited with such qualifying quarters as provided under section
436, and (B) did not receive any Federal means-tested public
benefit (as defined in section 403(c)) during any such quarter.
(c) REVIEW
OF
INCOME
AND
RESOURCES
OF
ALIEN
UPON
REAPPLICATION.—Whenever an alien is required to reapply for bene-
fits under any Federal means-tested public benefits program, the
applicable agency shall review the income and resources attributed
to the alien under subsection (a).
(d) APPLICATION.—
(1) If on the date of the enactment of this Act, a Federal
means-tested public benefits program attributes a sponsor’s
income and resources to an alien in determining the alien’s
eligibility and the amount of benefits for an alien, this section
shall apply to any such determination beginning on the day
after the date of the enactment of this Act.
(2) If on the date of the enactment of this Act, a Federal
means-tested public benefits program does not attribute a spon-
sor’s income and resources to an alien in determining the
alien’s eligibility and the amount of benefits for an alien, this
section shall apply to any such determination beginning 180
days after the date of the enactment of this Act.
SEC. 422. AUTHORITY FOR STATES TO PROVIDE FOR ATTRIBUTION
OF SPONSOR’S INCOME AND RESOURCES TO THE ALIEN
WITH RESPECT TO STATE PROGRAMS.
(a) OPTIONAL APPLICATION TO STATE PROGRAMS.—Except as
provided in subsection (b), in determining the eligibility and the
amount of benefits of an alien for any State public benefits (as
defined in section 412(c)), the State or political subdivision that
offers the benefits is authorized to provide that the income and
resources of the alien shall be deemed to include—
(1) the income and resources of any individual who executed
an affidavit of support pursuant to section 213A of the Immigra-
H. R. 4—150
tion and Nationality Act (as added by section 423) on behalf
of such alien, and
(2) the income and resources of the spouse (if any) of
the individual.
(b) EXCEPTIONS.—Subsection (a) shall not apply with respect
to the following State public benefits:
(1) Emergency medical services.
(2) Short-term, non-cash, in-kind emergency disaster relief.
(3) Programs comparable to assistance or benefits under
the National School Lunch Act.
(4) Programs comparable to assistance or benefits under
the Child Nutrition Act of 1966.
(5)(A) Public health assistance for immunizations.
(B) Public health assistance for testing and treatment of
a serious communicable disease if the appropriate chief State
health official determines that it is necessary to prevent the
spread of such disease.
(6) Payments for foster care and adoption assistance.
(7) Programs, services, or assistance (such as soup kitchens,
crisis counseling and intervention, and short-term shelter)
specified by the Attorney General of a State, after consultation
with appropriate agencies and departments, which (A) deliver
in-kind services at the community level, including through pub-
lic or private nonprofit agencies; (B) do not condition the provi-
sion of assistance, the amount of assistance provided, or the
cost of assistance provided on the individual recipient’s income
or resources; and (C) are necessary for the protection of life
or safety.
SEC. 423. REQUIREMENTS FOR SPONSOR’S AFFIDAVIT OF SUPPORT.
(a) IN GENERAL.—Title II of the Immigration and Nationality
Act is amended by inserting after section 213 the following new
section:
‘‘REQUIREMENTS FOR SPONSOR’S AFFIDAVIT OF SUPPORT
‘‘SEC. 213A. (a) ENFORCEABILITY.—(1) No affidavit of support
may be accepted by the Attorney General or by any consular officer
to establish that an alien is not excludable as a public charge
under section 212(a)(4) unless such affidavit is executed as a
contract—
‘‘(A) which is legally enforceable against the sponsor by
the sponsored alien, the Federal Government, and by any State
(or any political subdivision of such State) which provides any
means-tested public benefits program, but not later than 10
years after the alien last receives any such benefit;
‘‘(B) in which the sponsor agrees to financially support
the alien, so that the alien will not become a public charge;
and
‘‘(C) in which the sponsor agrees to submit to the jurisdic-
tion of any Federal or State court for the purpose of actions
brought under subsection (e)(2).
‘‘(2) A contract under paragraph (1) shall be enforceable with
respect to benefits provided to the alien until such time as the
alien achieves United States citizenship through naturalization
pursuant to chapter 2 of title III.
‘‘(b) FORMS.—Not later than 90 days after the date of enactment
of this section, the Attorney General, in consultation with the
H. R. 4—151
Secretary of State and the Secretary of Health and Human Services,
shall formulate an affidavit of support consistent with the provisions
of this section.
‘‘(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 accordance
with the provisions of subchapter II of chapter 37 of title 31,
United States Code.
‘‘(d) NOTIFICATION OF CHANGE OF ADDRESS.—
‘‘(1) IN GENERAL.—The sponsor shall notify the Attorney
General and the State in which the sponsored alien is currently
resident within 30 days of any change of address of the sponsor
during the period specified in subsection (a)(2).
‘‘(2) PENALTY.—Any person subject to the requirement of
paragraph (1) who fails to satisfy such requirement shall be
subject to a civil penalty of—
‘‘(A) not less than $250 or more than $2,000, or
‘‘(B) if such failure occurs with knowledge that the
alien has received any means-tested public benefit, not
less than $2,000 or more than $5,000.
‘‘(e) REIMBURSEMENT OF GOVERNMENT EXPENSES.—(1)(A) Upon
notification that a sponsored alien has received any benefit under
any means-tested public benefits program, the appropriate Federal,
State, or local official shall request reimbursement by the sponsor
in the amount of such assistance.
‘‘(B) The Attorney General, in consultation with the Secretary
of Health and Human Services, shall prescribe such regulations
as may be necessary to carry out subparagraph (A).
‘‘(2) If within 45 days after requesting reimbursement, the
appropriate Federal, State, or local agency has not received a
response from the sponsor indicating a willingness to commence
payments, an action may be brought against the sponsor pursuant
to the affidavit of support.
‘‘(3) If the sponsor fails to abide by the repayment terms estab-
lished by such agency, the agency may, within 60 days of such
failure, bring an action against the sponsor pursuant to the affidavit
of support.
‘‘(4) No cause of action may be brought under this subsection
later than 10 years after the alien last received any benefit under
any means-tested public benefits program.
‘‘(5) If, pursuant to the terms of this subsection, a Federal,
State, or local agency requests reimbursement from the sponsor
in the amount of assistance provided, or brings an action against
the sponsor pursuant to the affidavit of support, the appropriate
agency may appoint or hire an individual or other person to act
on behalf of such agency acting under the authority of law for
purposes of collecting any moneys owed. Nothing in this subsection
shall preclude any appropriate Federal, State, or local agency from
directly requesting reimbursement from a sponsor for the amount
of assistance provided, or from bringing an action against a sponsor
pursuant to an affidavit of support.
‘‘(f) DEFINITIONS.—For the purposes of this section—
H. R. 4—152
‘‘(1) SPONSOR.—The term ‘sponsor’ means an individual
who—
‘‘(A) is a citizen or national of the United States or
an alien who is lawfully admitted to the United States
for permanent residence;
‘‘(B) is 18 years of age or over;
‘‘(C) is domiciled in any of the 50 States or the District
of Columbia; and
‘‘(D) is the person petitioning for the admission of
the alien under section 204.
‘‘(2) MEANS-TESTED PUBLIC BENEFITS PROGRAM.—The term
‘means-tested public benefits program’ means a program of
public benefits (including cash, medical, housing, and food
assistance and social services) of the Federal Government or
of a State or political subdivision of a State in which the
eligibility of an individual, household, or family eligibility unit
for benefits under the program, or the amount of such benefits,
or both are determined on the basis of income, resources, or
financial need of the individual, household, or unit.’’.
(b) CLERICAL AMENDMENT.—The table of contents of such Act
is amended by inserting after the item relating to section 213
the following:
‘‘Sec. 213A. Requirements for sponsor’s affidavit of support.’’.
(c) EFFECTIVE DATE.—Subsection (a) of section 213A of the
Immigration and Nationality Act, as inserted by subsection (a)
of this section, shall apply to affidavits of support executed on
or after a date specified by the Attorney General, which date
shall be not earlier than 60 days (and not later than 90 days)
after the date the Attorney General formulates the form for such
affidavits under subsection (b) of such section.
(d) BENEFITS NOT SUBJECT TO REIMBURSEMENT.—Requirements
for reimbursement by a sponsor for benefits provided to a sponsored
alien pursuant to an affidavit of support under section 213A of
the Immigration and Nationality Act shall not apply with respect
to the following:
(1) Emergency medical services under title XIX or XXI
of the Social Security Act.
(2) Short-term, non-cash, in-kind emergency disaster relief.
(3) Assistance or benefits under the National School Lunch
Act.
(4) Assistance or benefits under the Child Nutrition Act
of 1966.
(5)(A) Public health assistance for immunizations.
(B) Public health assistance for testing and treatment of
a serious communicable disease if the Secretary of Health and
Human Services determines that it is necessary to prevent
the spread of such disease.
(6) Payments for foster care and adoption assistance under
part B of title IV of the Social Security Act for a child, but
only if the foster or adoptive parent or parents of such child
are not otherwise ineligible pursuant to section 403 of this
Act.
(7) Programs, services, or assistance (such as soup kitchens,
crisis counseling and intervention, and short-term shelter)
specified by the Attorney General, in the Attorney General’s
sole and unreviewable discretion after consultation with appro-
H. R. 4—153
priate Federal agencies and departments, which (A) deliver
in-kind services at the community level, including through pub-
lic or private nonprofit agencies; (B) do not condition the provi-
sion of assistance, the amount of assistance provided, or the
cost of assistance provided on the individual recipient’s income
or resources; and (C) are necessary for the protection of life
or safety.
(8) Programs of student assistance under titles IV, V, IX,
and X of the Higher Education Act of 1965.
SEC. 424. COSIGNATURE OF ALIEN STUDENT LOANS.
Section 484(b) of the Higher Education Act of 1965 (20 U.S.C.
1091(b)) is amended by adding at the end the following new
paragraph:
‘‘(6) 
Notwithstanding 
sections 
427(a)(2)(A), 
428B(a),
428C(b)(4)(A), and 464(c)(1)(E), or any other provision of this
title, a student who is an alien lawfully admitted for permanent
residence under the Immigration and Nationality Act shall
not be eligible for a loan under this title unless the loan
is endorsed and cosigned by the alien’s sponsor under section
213A of the Immigration and Nationality Act or by another
creditworthy individual who is a United States citizen.’’.
Subtitle D—General Provisions
SEC. 431. DEFINITIONS.
(a) IN GENERAL.—Except as otherwise provided in this title,
the terms used in this title have the same meaning given such
terms in section 101(a) of the Immigration and Nationality Act.
(b) QUALIFIED ALIEN.—For purposes of this title, the term
‘‘qualified alien’’ means an alien who, at the time the alien applies
for, receives, or attempts to receive a Federal public benefit, is—
(1) an alien who is lawfully admitted for permanent resi-
dence under the Immigration and Nationality Act,
(2) an alien who is granted asylum under section 208
of such Act,
(3) a refugee who is admitted to the United States under
section 207 of such Act,
(4) an alien who is paroled into the United States under
section 212(d)(5) of such Act for a period of at least 1 year,
(5) an alien whose deportation is being withheld under
section 243(h) of such Act, or
(6) an alien who is granted conditional entry pursuant
to section 203(a)(7) of such Act as in effect prior to April
1, 1980.
SEC. 432. REAPPLICATION FOR SSI BENEFITS.
(a) APPLICATION
AND
NOTICE.—Notwithstanding any other
provision of law, in the case of an individual who is receiving
supplemental security income benefits under title XVI of the Social
Security Act as of the date of the enactment of this Act and
whose eligibility for such benefits would terminate by reason of
the application of section 402(a)(D), the Commissioner of Social
Security shall so notify the individual not later than 90 days after
the date of the enactment of this Act.
(b) REAPPLICATION.—
H. R. 4—154
(1) IN GENERAL.—Not later than 120 days after the date
of the enactment of this Act, each individual notified pursuant
to subsection (a) who desires to reapply for benefits under
title XVI of the Social Security Act shall reapply to the Commis-
sioner of Social Security.
(2) DETERMINATION OF ELIGIBILITY.—Not later than 1 year
after the date of the enactment of this Act, the Commissioner
of Social Security shall determine the eligibility of each individ-
ual who reapplies for benefits under paragraph (1) pursuant
to the procedures of such title XVI.
SEC. 433. VERIFICATION OF ELIGIBILITY FOR FEDERAL PUBLIC BENE-
FITS.
(a) IN GENERAL.—Not later than 18 months after the date
of the enactment of this Act, the Attorney General of the United
States, after consultation with the Secretary of Health and Human
Services, shall promulgate regulations requiring verification that
a person applying for a Federal public benefit (as defined in section
401(c)), to which the limitation under section 401 applies, is a
qualified alien and is eligible to receive such benefit. Such regula-
tions shall, to the extent feasible, require that information requested
and exchanged be similar in form and manner to information
requested and exchanged under section 1137 of the Social Security
Act.
(b) STATE COMPLIANCE.—Not later than 24 months after the
date the regulations described in subsection (a) are adopted, a
State that administers a program that provides a Federal public
benefit shall have in effect a verification system that complies
with the regulations.
(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated such sums as may be necessary to carry out
the purpose of this section.
SEC. 434. STATUTORY CONSTRUCTION.
(a) LIMITATION.—
(1) Nothing in this title may be construed as an entitlement
or a determination of an individual’s eligibility or fulfillment
of the requisite requirements for any Federal, State, or local
governmental program, assistance, or benefits. For purposes
of this title, eligibility relates only to the general issue of
eligibility or ineligibility on the basis of alienage.
(2) Nothing in this title may be construed as addressing
alien eligibility for a basic public education as determined by
the Supreme Court of the United States under Plyler v. Doe
(457 U.S. 202)(1982).
(b) NOT APPLICABLE TO FOREIGN ASSISTANCE.—This title does
not apply to any Federal, State, or local governmental program,
assistance, or benefits provided to an alien under any program
of foreign assistance as determined by the Secretary of State in
consultation with the Attorney General.
(c) SEVERABILITY.—If any provision of this title or the applica-
tion of such provision to any person or circumstance is held to
be unconstitutional, the remainder of this title and the application
of the provisions of such to any person or circumstance shall not
be affected thereby.