390
the exceptions in subsection (f), during the
period (if any) determined pursuant to sec-
tion 1145(b) with respect to such alien’’;
(B) in subsection (b)—
(i) in paragraph (1)(B)(ii), by striking
‘‘section 402(a)(7)’’ and inserting ‘‘section
402(d)’’;
(ii) in paragraph (2)(A), by striking
‘‘aid’’ and inserting ‘‘assistance’’; and
(iii) in paragraph (2)(B), by striking
‘‘$1,500’’ and inserting ‘‘$2,000’’; and
(C) in subsection (c)(1), in the first and
second sentences, and in subsection (d)—
(i) by striking ‘‘aid’’ each place it ap-
pears and inserting ‘‘assistance’’; and
(ii) by striking ‘‘during the period of
three years after his or her entry into the
United States’’ and inserting ‘‘during the
period (if any) determined pursuant to sec-
tion 1145(b) with respect to such alien’’.
(2) SUPPLEMENTAL SECURITY INCOME.—
(A) Section 1621(a) of the Social Security
Act is amended by striking ‘‘for a period of 5
years after the individual’s entry into the Unit-
ed States’’ and inserting ‘‘during the period (if
391
any) determined pursuant to section 1145(b)
with respect to such alien’’.
(B) Section 1621(c) of the Social Security
Act is amended by striking ‘‘during the period
of 5 years after such alien’s entry into the
United States’’ and inserting ‘‘during the pe-
riod (if any) determined pursuant to section
1145 with respect to such alien’’.
(C) Section 1621(d) of the Social Security
Act is amended by striking ‘‘during the period
of 5 years after entry into the United States’’
and inserting ‘‘during the period (if any) deter-
mined pursuant to section 1145(b) with respect
to such alien’’.
(D) Section 1621(e) of the Social Security
Act is amended by striking ‘‘during the period
of 5 years after such alien’s entry into the
United States’’ and inserting ‘‘during the pe-
riod (if any) determined pursuant to section
1145(b) with respect to such alien’’.
(3) FOOD STAMPS.—Section 5(i) of the Food
Stamp Act of 1977 is amended—
(A) in paragraph (1), by striking ‘‘for a
period of three years after the individual’s entry
into the United States’’ and inserting ‘‘for the
392
period (if any) determined pursuant to section
1145(b) of the Social Security Act with respect
to such alien’’;
(B) in paragraph (2)(B)(ii), by striking
‘‘$1,500’’ and inserting ‘‘$2,000’’;
(C) in paragraph (2)(C), by striking ‘‘dur-
ing the period of three years after entry into
the United States’’ and inserting ‘‘during the
period (if any) determined pursuant to section
1145(b) of the Social Security Act with respect
to such alien’’; and
(D) in paragraph (2)(D), by striking ‘‘dur-
ing the period of three years after such alien’s
entry into the United States’’ and inserting
‘‘during the period (if any) determined pursu-
ant to section 1145(b) of the Social Security
Act with respect to such alien’’.
(c) STATE AND LOCAL PROGRAMS.—A State, or a po-
litical subdivision of a State, may provide that an alien
is not eligible for any program of cash assistance (other
than assistance related to pre-school, elementary, or sec-
ondary education) based on need that is furnished by such
State or political subdivision for any month if such alien
has been determined to be ineligible for such month for
benefits under—
393
(1) the program of temporary employment as-
sistance under part A of title IV of the Social Secu-
rity Act, as a result of the application of section 407
of such Act;
(2) the program of supplemental security in-
come under title XVI of the Social Security Act, as
a result of the application of section 1611(e)(4) or
1621 of such Act; or
(3) the Food Stamp Act of 1977, as a result of
the application of section 5(i) or 6(i) of such Act.
(d) EFFECTIVE DATE.—
(1) The amendments made by this section are
effective with respect to benefits under the program
of temporary employment assistance authorized by
part A of title IV of the Social Security Act, the pro-
gram of supplemental security income authorized by
title XVI of the Social Security Act, and the pro-
gram authorized by the Food Stamp Act of 1977,
payable for months beginning on or after the date
60 days after enactment of this Act, on the basis
of—
(A) an application filed after such date, or
(B) an application filed on or before such
date by or on behalf of an individual subject to
the provisions of section 1621(a) or section 415
394
(which is renumbered as section 407 by sub-
section (b) of this section and section 102 of
this Act, effective as of October 1, 1996) of the
Social Security Act or section 5(i)(1) of the
Food Stamp Act of 1977 (as the case may be)
on such date.
SEC. 403. CONTINUED LIABILITY OF ALIEN AND SPONSOR
FOR OVERPAYMENTS.
(a) TEMPORARY EMPLOYMENT ASSISTANCE.—Sec-
tion 407(d) (as redesignated and amended by section
402(b) of this Act) is amended by adding at the end the
following sentence: ‘‘If an individual who is an alien sub-
ject to this subsection is naturalized as a citizen of the
United States, such naturalization shall have no effect
upon the continued application of this subsection to such
individual or to such individual’s sponsor.’’.
(b) SUPPLEMENTAL
SECURITY
INCOME.—Section
1621(e) is amended by adding at the end the following
sentence: ‘‘If an individual who is an alien subject to this
subsection is naturalized as a citizen of the United States,
such naturalization shall have no effect upon the contin-
ued application of this subsection to such individual or to
such individual’s sponsor.’’.
(c) FOOD STAMPS.—Section 5(i)(2)(D) of the Food
Stamp Act of 1977 is amended by adding at the end the
395
following sentence: ‘‘If an individual who is an alien sub-
ject to this subsection is naturalized as a citizen of the
United States, such naturalization shall have no effect
upon the continued application of this subsection to such
individual or to such individual’s sponsor.’’.
SEC. 404. REQUIREMENTS FOR SPONSOR’S AFFIDAVIT OF
SUPPORT.
(a) SPONSOR’S AFFIDAVIT
OF SUPPORT.—Section
213 of the Immigration and Nationality Act (8 U.S.C.
1183) is amended—
(1) in the heading, by striking ‘‘ON GIVING
BOND’’ and inserting ‘‘UPON PROVISION OF
BOND OR GUARANTEE OF FINANCIAL RE-
SPONSIBILITY’’;
(2) by designating the existing matter as sub-
section (a); and
(3) by adding at the end a new subsection as
follows:
‘‘(b)(1) ATTORNEY
GENERAL’S
DISCRETION
TO
ADMIT ALIEN.—An alien excludable under paragraph (4)
of section 212(a) may, if otherwise admissible, be admitted
in the discretion of the Attorney General upon a finding
by the Attorney General that—
‘‘(A) the alien has received a guarantee of fi-
nancial responsibility in such form as may be pre-
396
scribed pursuant to paragraph (4) and meeting the
conditions described in paragraph (2); and
‘‘(B) taking into consideration all relevant cir-
cumstances, it is reasonable to expect that the spon-
sor has the financial capacity to meet the obligations
of the guarantee.’’
‘‘(2) SUBSTANCE OF GUARANTEE OF SUPPORT.—A
guarantee of financial responsibility for an alien must—
‘‘(A) be signed in the presence of an immigra-
tion officer or consular officer (or in the presence of
a notary public) by an individual (referred to in this
subsection as the ‘sponsor’) who is 18 years of age
or older, is of good moral character, and is a citizen
or national of the United States or an alien lawfully
admitted for permanent residence domiciled in any
of the several States of the United States, the Dis-
trict of Columbia, or any territory or possession of
the United States; and
‘‘(B) provide that the sponsor enters into a le-
gally binding commitment to furnish to or on behalf
of the alien financial support sufficient to meet the
alien’s basic subsistence needs until the alien
achieves United States citizenship through natu-
ralization pursuant to the Immigration and Nation-
ality Act.
397
‘‘(3) ENFORCEABILITY
OF
GUARANTEE
OF
SUP-
PORT.—Any guarantee of financial support executed on
behalf of an alien pursuant to this subsection must be en-
forceable against the sponsor and may be enforced against
the sponsor in a civil suit brought by the sponsored alien
or by the Federal Government, any State, district, terri-
tory, or possession of the United States (or any subdivi-
sion of such State, district, territory, or possession of the
United States) which provides benefits to the alien in any
court of competent jurisdiction, except that no action may
be brought against a sponsor if the sponsor is receiving
cash or food stamp benefits (as defined in paragraph (7)).
‘‘(4) FORM OF GUARANTEE OF SUPPORT.—Not later
than 90 days after the date of enactment of this section,
the Secretary of State, the Attorney General, the Sec-
retary of Health and Human Services, the Secretary of
Agriculture, and the Commissioner of Social Security shall
jointly establish the form of the guarantee of financial
support described in this section.
‘‘(5) LIMITATION OF LIABILITY.—The guarantee of
financial support established pursuant to this section shall
only apply with respect to cash or food stamp benefits (as
defined in paragraph (7)) provided to an alien before the
earliest of the following:
398
‘‘(A) CITIZENSHIP.—The date the alien be-
comes a citizen of the United States.
‘‘(B) VETERAN.—The first date the alien is de-
scribed in section 1145(b)(2)(B) of the Social Secu-
rity Act.
‘‘(C) PAYMENT OF SOCIAL SECURITY TAXES.—
The first date as of which the condition described in
section 1145(b)(2)(C) of the Social Security Act is
met with respect to the alien.
‘‘(D) ELDERLY
ALIEN.—The first date the
alien is described in section 1145(b)(2)(A) of the So-
cial Security Act.
‘‘(6) NONAPPLICATION DURING CERTAIN PERIODS.—
The contract established by this section shall not apply
with respect to cash or food stamp benefits (as defined
in paragraph (7)) provided to an alien during any period
in which the sponsor is receiving such benefits.
‘‘(7) DEFINITION OF CASH OR FOOD STAMP BENE-
FITS.—For the purposes of this section the term ‘cash or
food stamp benefits’ means Federal assistance provided
under title IV–A or XVI of the Social Security Act, under
the Food Stamp Act of 1977, or under similar programs
of a State or a political subdivision of a State that provides
direct cash (or cash equivalent) assistance for the purpose
of income maintenance and in which the eligibility of an
399
individual, household, or family unit for such 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.
Such term does not include any program insofar as it pro-
vides medical, housing, education, job training, food, or
in-kind assistance or social services.’’.
(b) EFFECTIVE DATE.—The amendments made by
this section apply to affidavits of support executed on or
after the date 90 days after the date of establishment of
the form for such affidavits under section 213(b)(4) of the
Immigration and Nationality Act, as added by this section.
TITLE V—SUPPLEMENTAL
SECURITY INCOME REFORMS
SEC. 501. DEFINITION AND ELIGIBILITY RULES.
(a) DEFINITION OF CHILDHOOD DISABILITY.—Sec-
tion 1614(a)(3) (42 U.S.C. 1382c(a)(3)) is amended—
(1) in subparagraph (A), by striking ‘‘An indi-
vidual’’ and inserting ‘‘Except as provided in sub-
paragraph (C), an individual’’;
(2) in subparagraph (A), 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 comparable severity)’’;
400
(3) by redesignating subparagraphs (C) through
(H) as subparagraphs (D) through (I), respectively;
(4) by inserting after subparagraph (B) the fol-
lowing new subparagraph:
‘‘(C) An individual under the age of 18
shall be considered disabled for the purposes of
this title if that individual has a medically de-
terminable physical or mental impairment,
which results in marked and severe functional
limitations, and which can be expected to result
in death or which has lasted or can be expected
to last for a continuous period of not less than
12 months. Notwithstanding the preceding sen-
tence, no individual under the age of 18 who
engages in substantial gainful activity (deter-
mined in accordance with regulations prescribed
pursuant to subparagraph (E)) may be consid-
ered to be disabled.’’; and
(5) in subparagraph (F), as so redesignated by
paragraph (3) of this subsection, by striking ‘‘(D)’’
and inserting ‘‘(E)’’.
(b) CHANGES RESPECTING CHILDHOOD SSI REGU-
LATIONS.—
(1) MODIFICATION TO MEDICAL CRITERIA FOR
EVALUATION
OF
MENTAL
AND
EMOTIONAL
DIS-