311
‘‘(1) child protection services for children who
are, or are suspected of being or at risk of becoming,
victims of abuse or neglect;
‘‘(2) preventive services and activities, including
community-based family support services, designed
to strengthen and preserve families and to prevent
child abuse and neglect; and
‘‘(3) permanency planning services and activi-
ties to achieve planned, permanent living arrange-
ments (including family reunification, adoption, and
independent living) for children who have been re-
moved from their families.
‘‘SEC. 421. STATE PLANS.
‘‘(a) IN GENERAL.—In order to be eligible for pay-
ment under this part, a State must have an approved plan
(developed jointly by the Secretary and the State agency,
after consultation with persons and entities specified in
subsection (b)) for the provision of services to children and
families which meet the requirements of subsection (c).
‘‘(b) CONSULTATION
WITH
APPROPRIATE
ENTI-
TIES.—A State, in developing its plan for approval under
this part, shall consult with concerned persons and enti-
ties, including—
‘‘(1) public and nonprofit private agencies and
community-based organizations with experience in
312
administering programs of child welfare services for
children and families; and
‘‘(2) representatives of and advocates for chil-
dren and families.
‘‘(c) STATE PLAN REQUIREMENTS.—A State plan
under this part shall—
‘‘(1) describe the services and activities to be
performed, and the service delivery mechanisms (in-
cluding service providers and statewide distribution
of services) to be used, to provide—
‘‘(A) child protection services described in
section 420(1) (including such services provided
under this part and part E);
‘‘(B) preventive services described in sec-
tion 420(2) (and shall provide for delivery of
such services through a statewide network of
local nonprofit community-based family support
programs, in collaboration with existing health,
mental health, education, employment, training,
child welfare, and other social services agen-
cies); and
‘‘(C) permanency planning services de-
scribed in section 420(3) (including family re-
unification, adoption, and independent living);
313
‘‘(2)(A)(i) declare the State’s goals for accom-
plishments under the plan is in operation in the
State, and (ii) be updated periodically to declare the
State’s goals for accomplishments under the plan by
the end of each fifth fiscal year thereafter;
‘‘(B) describe the methods to be used in meas-
uring progress toward accomplishment of the goals;
and
‘‘(C) contain a commitment that the State—
‘‘(i) will perform an interim review of its
progress toward accomplishment of the goals after
the end of each of the first 4 fiscal years covered by
the goals, and on the basis of such interim review
will revise the statement of goals in the plan, if nec-
essary, to reflect changed circumstances or other rel-
evant factors; and
‘‘(ii) will perform, after the end of the last fis-
cal year covered by the goals, a final review of its
progress toward accomplishment of the goals and
prepare a report to the Secretary on the basis of
such final review;
‘‘(3) 
provide 
assurances 
that 
reasonable
amounts will be expended under this part to carry
out each of the purposes specified in paragraphs (1)
through (3) of section 420; and
314
‘‘(4) provide assurances that the State has in
effect a program of foster care safeguards meeting
the requirements of section 425.
‘‘(d) SECRETARIAL APPROVAL.—The Secretary shall
approve a State plan that meets the requirements of this
section.
‘‘SEC. 422. RESERVATIONS; ALLOTMENTS TO STATES.
‘‘(a) IN GENERAL..—The Secretary shall allot the
amount specified in subsection (b) for each fiscal year in
accordance with subsections (c) through (f).
‘‘(b) FEDERAL FUNDING.—The amount specified for
purposes of this section shall be—
‘‘(1) $653,000,000 for fiscal year 1996;
‘‘(1) $682,000,000 for fiscal year 1997;
‘‘(1) $713,000,000 for fiscal year 1998;
‘‘(1) $737,000,000 for fiscal year 1999; and
‘‘(1) $763,000,000 for fiscal year 2000.
‘‘(c) PROJECTS OF NATIONAL SIGNIFICANCE.—Two
percent of the amount specified under subsection (b) for
each fiscal year shall be reserved for expenditure by the
Secretary for projects of national significance related to
the purposes of this part.
‘‘(d) TRAINING AND TECHNICAL ASSISTANCE.—Two
percent of the amount specified under subsection (b) for
each fiscal year shall be reserved for expenditure by the
315
Secretary for training and technical assistance to State
and local public and nonprofit private entities related to
the program under this part.
‘‘(e) INDIAN TRIBES.—One percent of the amount
specified under subsection (b) for each fiscal year shall
be reserved for allotment to Indian tribes in accordance
with section 424.
‘‘(f) STATES.—From the balance of the amount spec-
ified for each fiscal year under subsection (b) remaining
after the application of subsections (c), (d), and (e), the
Secretary shall allot to each State an amount which bears
the same ratio to the amount specified as the total amount
that would have been allotted to the State for such fiscal
year under this part, as in effect on September 30, 1995,
bears to the total amount that would have been so allotted
to all States for such fiscal year.
‘‘SEC. 423. PAYMENTS TO STATES.
‘‘(a) ENTITLEMENT TO PAYMENT; FEDERAL SHARE
OF COSTS.—Each State which has a plan approved under
this part shall be entitled to payment, equal to its allot-
ment under section 422 for a fiscal year, for use in pay-
ment by the State of 75 percent of the costs of activities
under the State plan during such fiscal year. The remain-
ing 25 percent of such costs shall be paid by the State
with funds from non-Federal sources.
316
‘‘(b) PAYMENT INSTALLMENTS.—The Secretary shall
make payments in accordance with section 6503 of title
31, United States Code, to each State from its allotment
for use under this part.
‘‘SEC. 424. PAYMENTS TO INDIAN TRIBES.
‘‘(a) IN GENERAL.—The Secretary shall make pay-
ments under this part for a fiscal year directly to the tribal
organization of an Indian tribe with a plan approved under
this part, except that such plan need not meet any require-
ment under such section that the Secretary determines is
inappropriate with respect to such Indian tribe.
‘‘(b) ALLOTMENT.—From the amount reserved pur-
suant to section 422(e) for any fiscal year, the Secretary
shall allot to each Indian tribe meeting the conditions
specified in subsection (a), an amount bearing the same
ratio to such reserved amount as the number of children
in all Indian tribes with State plans so approved, as deter-
mined by the Secretary on the basis of the most current
and reliable information available to the Secretary.
‘‘SEC. 425. FOSTER CARE PROTECTION.
‘‘In order to meet the requirements of this section,
for purposes of section 421(c)(4), a State shall—
‘‘(1) since June 17, 1980, have completed an
inventory of all children who, before the inventory,
317
had been in foster care under the responsibility of
the State for 6 months or more, which determined—
‘‘(A) the appropriateness of, and necessity
for, the foster care placement;
‘‘(B) whether the child could or should be
returned to the parents of the child or should
be freed for adoption or other permanent place-
ment; and
‘‘(C) the services necessary to facilitate the
return of the child or the placement of the child
for adoption or legal guardianship;
‘‘(2) be operating, to the satisfaction of the Sec-
retary—
‘‘(A) a statewide information system from
which can be readily determined the status, de-
mographic characteristics, location, and goals
for the placement of every child who is (or,
within the immediately preceding 12 months,
has been) in foster care;
‘‘(B) a case review system (as defined in
section 475(5)) for each child receiving foster
care under the supervision of the State;
‘‘(C) a service program designed to help
children—
318
‘‘(i) where appropriate, return to fam-
ilies from which they have been removed;
or
‘‘(ii) be placed for adoption, with a
legal guardian, or, if adoption or legal
guardianship is determined not to be ap-
propriate for a child, in some other
planned, permanent living arrangement;
and
‘‘(D) a replacement preventive services
program designed to help children at risk of
foster care placement remain with their fami-
lies; and
‘‘(3)(A) have reviewed (or by October 31, 1995
will have reviewed) State policies and administrative
and judicial procedures in effect for children aban-
doned at or shortly after birth (including policies
and procedures providing for legal representation of
such children); and
‘‘(B) be implementing (or by October 31, 1996,
will be implementing) such policies and procedures
as the State determines, on the basis of the review
described in clause (i), to be necessary to enable per-
manent decisions to be made expeditiously with re-
spect to the placement of such children.
319
SEC. 702. REPEALS AND CONFORMING AMENDMENTS.
(a) ABANDONED INFANTS ASSISTANCE.—
(1) REPEAL.—The Abandoned Infants Assist-
ance Act of 1988 (42 U.S.C. 670 note) is repealed.
(2) 
CONFORMING
AMENDMENT.—Section
421(7) of the Domestic Violence Service Act of 1973
(42 U.S.C. 5061(7)) is amended to read as follows:
‘‘(7) the term ‘boarder baby’ means an infant
who is medically cleared for discharge from an
acute-care hospital setting, but remains hospitalized
because of a lack of appropriate out-of-hospital
placement alternatives.’’.
(b) CHILD ABUSE PREVENTION AND TREATMENT.—
(1) REPEAL.—The Child Abuse Prevention and
Treatment Act (42 U.S.C. 5101 et seq.) is repealed.
(2) CONFORMING AMENDMENTS.—The Victims
of Crime Act of 1984 (42 U.S.C. 10601 et seq.) is
amended by striking section 1404A.
(c) ADOPTION OPPORTUNITIES.—The Child Abuse
Prevention and Treatment and Adoption Reform Act of
1978 (42 U.S.C. 5111 et seq.) is repealed.
(d) FAMILY SUPPORT CENTERS.—Subtitle F of title
VII of the Stewart B. McKinney Homeless Assistance Act
(42 U.S.C. 11481–11489) is repealed.
320
(e) FOSTER
CARE.—Section 472(d) (42 U.S.C.
672(d)) is amended by striking ‘‘422(b)(9)’’ and inserting
‘‘425’’.
SEC. 703. EFFECTIVE DATE.
The amendments and repeals made by this title shall
take effect on October 1, 1995, and shall apply with re-
spect to activities under State programs on and after that
date.
TITLE VIII—SSI REFORM
Subtitle A—Eligibility of Children
for Benefits
SEC. 801. RESTRICTIONS ON ELIGIBILITY.
(a) IN GENERAL.—Section 1614(a)(3)(A) (42 U.S.C.
1382c(a)(3)(A)) is amended—
(1) by inserting ‘‘(i)’’ after ‘‘(3)(A)’’;
(2) by inserting ‘‘who has attained 18 years of
age’’ before ‘‘shall be considered’’;
(3) by striking ‘‘he’’ and inserting ‘‘the individ-
ual’’;
(4) by striking ‘‘(or, in the case of an individual
under the age of 18, if he suffers from any medically
determinable physical or mental impairment of com-
parable severity)’’; and
(5) by adding after and below the end the fol-
lowing:
321
‘‘(ii) An individual who has not attained 18 years of
age shall be considered to be disabled for purposes of this
title for a month if the individual has any medically deter-
minable physical or mental impairment (or combination
of impairments) that meets the requirements, applicable
to individuals who have not attained 18 years of age, of
the Listings of Impairments set forth in appendix 1 of
subpart P of part 404 of title 20, Code of Federal Regula-
tions, or the individual has a combination of impairments
the effect of which should be considered disabling for pur-
poses of this title. In applying this clause, such Listings
shall not include maladaptive behavior or psychoactive
substance dependence disorder (as specified in the appen-
dix setting forth such Listings).’’.
(b) TRANSITION TO NEW ELIGIBILITY CRITERIA.—
Within 3 months after the date of the enactment of this
Act, the Commissioner of Social Security shall establish
a functional equivalency standard separate from the List-
ing of Impairments (set forth in appendix 1 of subpart
P of part 404 of title 20, Code of Federal Regulations
(revised as of April 1, 1994)) under which a child with
a combination of impairments should be considered dis-
abled for purposes of the supplemental security income
program under title XVI of the Social Security Act. With-
in 10 months after the date of the enactment of this Act,
322
the Commissioner shall review the case of each individual
who, immediately before such date of enactment, qualified
for benefits under such program by reason of an individ-
ualized functional assessment in order to determine eligi-
bility under such Listings and the criteria established
under such standard.
SEC. 802. CONTINUING DISABILITY REVIEWS FOR CERTAIN
CHILDREN.
Section 1614(a)(3)(G) (42 U.S.C. 1382c(a)(3)(G)) is
amended—
(1) by inserting ‘‘(i)’’ after ‘‘(G)’’; and
(2) by adding at the end the following:
‘‘(ii)(I) Not less frequently than once every 3 years,
the Commissioner shall redetermine the eligibility for ben-
efits under this title of each individual who has not at-
tained 18 years of age and is eligible for such benefits
by reason of disability.
‘‘(II) Subclause (I) shall not apply to an individual
if the individual has an impairment (or combination of im-
pairments) which is (or are) not expected to improve.
‘‘(III) Subject to recommendations made by the Com-
missioner, parents or guardians of recipients whose cases
are reviewed under this clause shall present, at the time
of review, evidence demonstrating that funds provided
under this title have been used to assist the recipient in
323
improving the condition which was the basis for providing
benefits under this title.’’.
SEC. 803. DISABILITY REVIEW REQUIRED FOR SSI RECIPI-
ENTS WHO ARE 18 YEARS OF AGE.
(a) IN GENERAL.—Section 1614(a)(3)(G) (42 U.S.C.
1382c(a)(3)(G)), as amended by section 802 of this sub-
title, is amended by adding at the end the following:
‘‘(iii)(I) The Commissioner shall redetermine the eli-
gibility of a qualified individual for supplemental security
income benefits under this title by reason of disability, by
applying the criteria used in determining eligibility for
such benefits of applicants who have attained 18 years of
age.
‘‘(II) The redetermination required by subclause (I)
with respect to a qualified individual shall be conducted
during the 1-year period that begins on the date the quali-
fied individual attains 18 years of age.
‘‘(III) As used in this clause, the term ‘qualified indi-
vidual’ means an individual who attains 18 years of age
and is a recipient of benefits under this title by reason
of disability.
‘‘(IV) A redetermination under subclause (I) of this
clause shall be considered a substitute for a review re-
quired under any other provision of this subparagraph.’’.
324
(b) REPORT TO THE CONGRESS.—Not later than Oc-
tober 1, 1998, the Commissioner of Social Security shall
submit to the Committee on Ways and Means of the
House of Representatives and the Committee on Finance
of the Senate a report on the activities conducted under
section 1614(a)(3)(G)(iii) of the Social Security Act.
(c) CONFORMING REPEAL.—Section 207 of the So-
cial Security Independence and Program Improvements
Act of 1994 (42 U.S.C. 1382 note; 108 Stat. 1516) is
hereby repealed.
SEC. 804. APPLICABILITY.
(a) NEW ELIGIBILITY STANDARDS AND DISABILITY
REVIEWS FOR CHILDREN.—
(1) IN GENERAL.—Except as provided in para-
graph (2), the amendments made by sections 801
and 802 shall apply to benefits for months beginning
more than 9 months after the date of the enactment
of this Act, without regard to whether regulations
have been issued to implement such amendments.
(2) TRANSITIONAL RULE.—
(A) IN GENERAL.—For months beginning
after the date of the enactment of this Act and
before the first month to which the amend-
ments made by section 801 apply under para-
graph (1) and subject to subparagraph (B), no
325
individual who has not attained 18 years of age
shall be considered to be disabled for purposes
of the supplemental security income program
under title XVI of the Social Security Act solely
on the basis of maladaptive behavior or
psychoactive substance dependence disorder.
(B) EXCEPTION
FOR
CURRENT
BENE-
FICIARIES.—Subparagraph (A) shall not apply
in the case of an individual who is a recipient
of supplemental security income benefits under
such title for the month in which this Act be-
comes law.
(b) DISABILITY REVIEWS FOR 18-YEAR OLD RECIPI-
ENTS.—The amendments made by section 803 shall apply
to benefits for months beginning after the date of the en-
actment of this Act.
Subtitle B—Denial of SSI Benefits
by Reason of Disability to Drug
Addicts and Alcoholics
SEC. 811. DENIAL OF SSI BENEFITS BY REASON OF DISABIL-
ITY TO DRUG ADDICTS AND ALCOHOLICS.
(a) IN GENERAL.—Section 1614(a)(3) (42 U.S.C.
1382c(a)(3)) is amended by adding at the end the follow-
ing:
326
‘‘(I) Notwithstanding subparagraph (A), an individ-
ual shall not be considered to be disabled for purposes of
this title if alcoholism or drug addiction would (but for
this subparagraph) be a contributing factor material to
the Commissioner’s determination that the individual is
disabled.’’.
(b) CONFORMING AMENDMENTS.—
(1) Section 1611(e) (42 U.S.C. 1382(e)) is
amended by striking paragraph (3).
(2) 
Section 
1631(a)(2)(A)(ii) 
(42 
U.S.C.
1383(a)(2)(A)(ii)) is amended—
(A) by striking ‘‘(I)’’; and
(B) by striking subclause (II).
(3) 
Section 
1631(a)(2)(B) 
(42 
U.S.C.
1383(a)(2)(B)) is amended—
(A) by striking clause (vii);
(B) in clause (viii), by striking ‘‘(ix)’’ and
inserting ‘‘(viii)’’;
(C) in clause (ix)—
(i) by striking ‘‘(viii)’’ and inserting
‘‘(vii)’’; and
(ii) in subclause (II), by striking all
that follows ‘‘15 years’’ and inserting a pe-
riod;
(D) in clause (xiii)—
327
(i) by striking ‘‘(xii)’’ and inserting
‘‘(xi)’’; and
(ii) by striking ‘‘(xi)’’ and inserting
‘‘(x)’’; and
(E) by redesignating clauses (viii) through
(xiii) as clauses (vii) through (xii), respectively.
(4) Section 1631(a)(2)(D)(i)(II) (42 U.S.C.
1383(a)(2)(D)(i)(II)) is amended by striking all that
follows ‘‘$25.00 per month’’ and inserting a period.
(5) Section 1634 (42 U.S.C. 1383c) is amended
by striking subsection (e).
(6) Section 201(c)(1) of the Social Security
Independence and Program Improvements Act of
1994 (42 U.S.C. 425 note) is amended—
(A) by striking ‘‘—’’ and all that follows
through ‘‘(A)’’ the 1st place such term appears;
(B) by striking ‘‘and’’ the 3rd place such
term appears;
(C) by striking subparagraph (B);
(D) by striking ‘‘either subparagraph (A)
or subparagraph (B)’’ and inserting ‘‘the pre-
ceding sentence’’; and
(E) by striking ‘‘subparagraph (A) or (B)’’
and inserting ‘‘the preceding sentence’’.
328
(c) EFFECTIVE DATE.—The amendments made by
this section shall take effect on October 1, 1995, and shall
apply with respect to months beginning on or after such
date.
(d) FUNDING OF CERTAIN PROGRAMS FOR DRUG
ADDICTS AND ALCOHOLICS.—Out of any money in the
Treasury of the United States not otherwise appropriated,
the Secretary of the Treasury shall pay to the Director
of the National Institute on Drug Abuse—
(1) $95,000,000, for each of fiscal years 1997,
1998, 1999, and 2000, for expenditure through the
Federal Capacity Expansion Program to expand the
availability of drug treatment; and
(2) $5,000,000 for each of fiscal years 1997,
1998, 1999, and 2000 to be expended solely on the
medication development project to improve drug
abuse and drug treatment research.
TITLE IX—FINANCING
Subtitle A—Treatment of Aliens
SEC. 901. EXTENSION OF DEEMING OF INCOME AND RE-
SOURCES 
UNDER 
AFDC, 
SSI, 
AND 
FOOD
STAMP PROGRAMS.
(a) IN GENERAL.—Except as provided in subsections
(b) and (c), in applying sections 415 and 1621 of the So-
cial Security Act and section 5(i) of the Food Stamp Act
329
of 1977, the period in which each respective section other-
wise applies with respect to an alien shall be extended
through the date (if any) on which the alien becomes a
citizen of the United States (under chapter 2 of title III
of the Immigration and Nationality Act).
(b) EXCEPTION.—Subsection (a) shall not apply to
an alien if—
(1) the alien has been lawfully admitted to the
United States for permanent residence, has attained
75 years of age, and has resided in the United
States for at least 5 years;
(2) the alien—
(A) is a veteran (as defined in section 101
of title 38, United States Code) with a dis-
charge characterized as an honorable discharge,
(B) is on active duty (other than active
duty for training) in the Armed Forces of the
United States, or
(C) is the spouse or unmarried dependent
child of an individual described in subparagraph
(A) or (B);
(3) the alien is the subject of domestic violence
by the alien’s spouse and a divorce between the alien
and the alien’s spouse has been initiated through the
330
filing of an appropriate action in an appropriate
court; or
(4) there has been paid with respect to the self-
employment income or employment of the alien, or
of a parent or spouse of the alien, taxes under chap-
ter 2 or chapter 21 of the Internal Revenue Code of
1986 in each of 20 different calendar quarters.
(c) HOLD HARMLESS FOR MEDICAID ELIGIBILITY.—
Subsection (a) shall not apply with respect to determina-
tions of eligibility for benefits under part A of title IV of
the Social Security Act or under the supplemental income
security program under title XVI of such Act but only in-
sofar as such determinations provide for eligibility for
medical assistance under title XIX of such Act.
(d) EFFECTIVE DATE.—This section shall take effect
on October 1, 1995.
SEC. 902. REQUIREMENTS FOR SPONSOR’S AFFIDAVITS 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) IN
GENERAL.—No affidavit of support
may be accepted by the Attorney General or by any
consular officer to establish that an alien is not ex-
331
cludable under section 212(a)(4) unless such affida-
vit is executed as a contract—
‘‘(A) which is legally enforceable against
the sponsor by the Federal Government, by a
State, or by any political subdivision of a State,
providing cash benefits under a public cash as-
sistance program (as defined in subsection
(f)(2)), but not later than 5 years after the date
the alien last receives any such cash benefit;
and
‘‘(B) in which the sponsor agrees to submit
to the jurisdiction of any Federal or State court
for the purpose of actions brought under sub-
section (e)(2).
‘‘(2) EXPIRATION
OF
LIABILITY.—Such con-
tract shall only apply with respect to cash benefits
described in paragraph (1)(A) provided to an alien
before the earliest of the following:
‘‘(A) CITIZENSHIP.—The date the alien be-
comes a citizen of the United States under
chapter 2 of title III.
‘‘(B) VETERAN.—The first date the alien
is described in section 901(b)(2)(A).
‘‘(C) PAYMENT
OF
SOCIAL
SECURITY
TAXES.—The first date as of which the condi-
332
tion described in section 901(b)(4) is met with
respect to the alien.
‘‘(3) NONAPPLICATION DURING CERTAIN PERI-
ODS.—Such contract also shall not apply with re-
spect to cash benefits described in paragraph (1)(A)
provided during any period in which the alien is de-
scribed in section 901(b)(2)(B) or 901(b)(2)(C).
‘‘(b) FORMS.—Not later than 90 days after the date
of enactment of this section, the Attorney General, in con-
sultation with the Secretary of State and the Secretary
of Health and Human Services, shall formulate an affida-
vit of support consistent with the provisions of this sec-
tion.
‘‘(c) NOTIFICATION OF CHANGE OF ADDRESS.—
‘‘(1) REQUIREMENT.—The sponsor shall notify
the Federal Government and the State in which the
sponsored alien is currently resident within 30 days
of any change of address of the sponsor during the
period specified in subsection (a)(1)(A).
‘‘(2) ENFORCEMENT.—Any person subject to
the requirement of paragraph (1) who fails to satisfy
such requirement shall be subject to a civil penalty
of—
‘‘(A) not less than $250 or more than
$2,000, or
333
‘‘(B) if such failure occurs with knowledge
that the sponsored alien has received any bene-
fit under any means-tested public benefits pro-
gram, not less than $2,000 or more than
$5,000.
‘‘(d) 
REIMBURSEMENT
OF
GOVERNMENT
EX-
PENSES.—
‘‘(1) REQUEST FOR REIMBURSEMENT.—
‘‘(A) IN GENERAL.—Upon notification that
a sponsored alien has received any cash benefits
described in subsection (a)(1)(A), the appro-
priate Federal, State, or local official shall re-
quest reimbursement by the sponsor in the
amount of such cash benefits.
‘‘(B) REGULATIONS.—The Attorney Gen-
eral, in consultation with the Secretary of
Health and Human Services, shall prescribe
such regulations as may be necessary to carry
out subparagraph (A).
‘‘(2) INITIATION OF ACTION.—If within 45 days
after requesting reimbursement, the appropriate
Federal, State, or local agency has not received a re-
sponse from the sponsor indicating a willingness to
commence payments, an action may be brought
334
against the sponsor pursuant to the affidavit of sup-
port.
‘‘(3) FAILURE
TO
ABIDE
BY
REPAYMENT
TERMS.—If the sponsor fails to abide by the repay-
ment terms established by such agency, the agency
may, within 60 days of such failure, bring an action
against the sponsor pursuant to the affidavit of sup-
port.
‘‘(4) LIMITATION
ON
ACTIONS.—No cause of
action may be brought under this subsection later
than 5 years after the date the alien last received
any cash benefit described in subsection (a)(1)(A).
‘‘(f) DEFINITIONS.—For the purposes of this section:
‘‘(1) SPONSOR.—The term ‘sponsor’ means an
individual who—
‘‘(A) is a citizen or national of the United
States or an alien who is lawfully admitted to
the United States for permanent residence;
‘‘(B) is 18 years of age or over; and
‘‘(C) is domiciled in any State.
‘‘(2) PUBLIC
CASH
ASSISTANCE
PROGRAM.—
The term ‘public cash assistance program’ means a
program of the Federal Government or of a State or
political subdivision of a State that provides direct
cash assistance for the purpose of income mainte-
335
nance and in which the eligibility of an individual,
household, or family eligibility unit for cash benefits
under the program, or the amount of such cash ben-
efits, or both are determined on the basis of income,
resources, or financial need of the individual, house-
hold, or unit. Such term does not include any pro-
gram insofar as it provides medical, housing, edu-
cation, job training, food, or in-kind assistance or
social services.’’.
(b) CLERICAL AMENDMENT.—The table of contents
of such Act is amended by inserting after the item relating
to section 213 the following:
‘‘Sec. 213A. Requirements for sponsor’s affidavit of support.’’.
(c) EFFECTIVE DATE.—Subsection (a) of section
213A of the Immigration and Nationality Act, as inserted
by subsection (a) of this section, shall apply to affidavits
of support executed on or after a date specified by the
Attorney General, which date shall be not earlier than 60
days (and not later than 90 days) after the date the Attor-
ney General formulates the form for such affidavits under
subsection (b) of such section 213A.
336
SEC. 903. EXTENDING REQUIREMENT FOR AFFIDAVITS OF
SUPPORT TO FAMILY-RELATED AND DIVER-
SITY IMMIGRANTS.
(A) IN GENERAL.—Section 212(a)(4) of the Immi-
gration and Nationality Act (8 U.S.C. 1182(a)(4)) is
amended to read as follows:
‘‘(4) PUBLIC CHARGE AND AFFIDAVITS OF SUP-
PORT.—
‘‘(A) PUBLIC CHARGE.—Any alien who, in
the opinion of the consular officer at the time
of application for a visa, or in the opinion of
the Attorney General at the time of application
for admission or adjustment of status, is likely
at any time to become a public charge is exclud-
able.
‘‘(B) AFFIDAVITS OF SUPPORT.—Any im-
migrant who seeks admission or adjustment of
status as any of the following is excludable un-
less there has been executed with respect to the
immigrant an affidavit of support pursuant to
section 213A:
‘‘(i) As an immediate relative (under
section 201(b)(2)).
‘‘(ii) As a family-sponsored immigrant
under section 203(a) (or as the spouse or
337
child under section 203(d) of such an im-
migrant).
‘‘(iii) As the spouse or child (under
section 203(d)) of an employment-based
immigrant under section 203(b).
‘‘(iv) As a diversity immigrant under
section 203(c) (or as the spouse or child
under section 203(d) of such an immi-
grant).’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply to aliens with respect to whom
an immigrant visa is issued (or adjustment of status is
granted) after the date specified by the Attorney General
under section 902(c).
Subtitle B—Limitation on Emer-
gency Assistance Expenditures
SEC. 911. LIMITATION ON EXPENDITURES FOR EMERGENCY
ASSISTANCE.
(a) IN GENERAL.—Section 403(a)(5) (42 U.S.C.
602(a)(5)) is amended to read as follows:
‘‘(5) in the case of any State, an amount equal
to the lesser of—
‘‘(A) 50 percent of the total amount ex-
pended under the State plan during such quar-
338
ter as emergency assistance to needy families
with children; or
‘‘(B) the greater of—
‘‘(i) the total amount expended under
the State plan during the fiscal year that
immediately precedes the fiscal year in
which the quarter occurs; multiplied by
‘‘(I) 4 percent, if the national un-
employment rate for the United
States (as determined by the Sec-
retary of Labor) for the 3rd or 4th
quarter of the immediately preceding
fiscal year is at least 7 percent; or
‘‘(II) 3 percent, otherwise; or
‘‘(ii) the total amount expended under
the State plan during fiscal year 1995 as
emergency assistance to needy families
with children.’’.
(b) AUTHORITY OF STATES TO DEFINE EMERGENCY
ASSISTANCE.—Section 406(e)(1) (42 U.S.C. 606(e)(1)) is
amended to read as follows:
‘‘(e)(1)(A) The term ‘emergency assistance to needy
families with children’ means emergency assistance fur-
nished by an eligible State with respect to an eligible needy
339
child to avoid destitution of the child or to provide living
arrangements in a home for the child.
‘‘(B) As used in this paragraph:
‘‘(i) The term ‘emergency assistance’ means
emergency assistance as provided for in the State
plan approved under section 402 of an eligible State,
but shall not include care for an eligible needy child
or other member of the household in which the child
is living to the extent that the child or other member
is entitled to such care as medical assistance under
the State plan under title XIX.
‘‘(ii) The term ‘eligible needy child’ means a
needy child—
‘‘(I) who has not attained 21 years of age;
‘‘(II) who is or (within such period as the
Secretary may specify) has been living with any
relative specified in subsection (a)(1) in a place
of residence maintained by 1 or more of such
relatives as the home of the relative or relatives;
‘‘(III) who is without available resources;
and
‘‘(IV) whose requirement for emergency as-
sistance did not arise because the child or rel-
ative refused without good cause to accept em-
ployment or training for employment.