[Congressional Bills 104th Congress]
[From the U.S. Government Printing Office]
[H.R. 4335 Introduced in House (IH)]
104th CONGRESS
2d Session
H. R. 4335
To amend the Immigration and Nationality Act, the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996, and the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996, to
modify provisions of law relating to public assistance and benefits for
aliens.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 30, 1996
Mr. Smith of Texas (for himself and Mr. Gingrich) introduced the
following bill; which was referred to the Committee on the Judiciary,
and in addition to the Committees on Ways and Means, Agriculture,
Banking and Financial Services, Economic and Educational Opportunities,
and Commerce, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act, the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996, and the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996, to
modify provisions of law relating to public assistance and benefits for
aliens.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; AMENDMENTS TO IMMIGRATION AND NATIONALITY ACT;
TABLE OF CONTENTS; SEVERABILITY.
(a) Short Title.--This Act may be cited as the ``Alien Public
Assistance Benefits Amendments of 1996''.
(b) Amendments to Immigration and Nationality Act.--Except as
otherwise specifically provided, whenever in this Act an amendment or
repeal is expressed as the amendment or repeal of a section or other
provision, the reference shall be considered to be made to that section
or provision in the Immigration and Nationality Act.
(c) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; amendments to Immigration and Nationality Act;
table of contents; severability.
TITLE I--AFFIDAVITS OF SUPPORT
Sec. 101. Application of affidavits of support to means-tested public
benefits.
Sec. 102. Increasing income as a percentage of poverty for affidavits
of support.
TITLE II--PUBLIC CHARGE DEPORTATION
Sec. 201. Ground for deportation.
TITLE III--ATTRIBUTION OF SPONSOR'S INCOME
Sec. 301. Application of deeming to current immigrants.
TITLE IV--INELIGIBILITY OF ILLEGAL ALIENS FOR PUBLIC ASSISTANCE AND
BENEFITS
Sec. 401. Authorization of States to deny driver's licenses to illegal
aliens.
Sec. 402. Social Security benefits.
Sec. 403. Denial of treatment of HIV infection for illegal aliens.
TITLE V--ENHANCED VERIFICATION OF ELIGIBILITY BASED ON CITIZENSHIP OR
IMMIGRATION STATUS
Sec. 501. Requiring proof of identity for certain public assistance.
Sec. 502. Authorization for States to require proof of eligibility for
State programs.
Sec. 503. No verification requirement for nonprofit charitable
organizations.
Sec. 504. Verification of student eligibility for postsecondary Federal
student financial assistance.
TITLE VI--HOUSING ASSISTANCE.
Sec. 601. Short title; superseding of other provisions.
Sec. 602. Prorating of financial assistance.
Sec. 603. Actions in cases of termination of financial assistance.
Sec. 604. Verification of immigration status and eligibility for
financial assistance.
Sec. 605. Prohibition of sanctions against entities making financial
assistance eligibility determinations.
Sec. 606. Regulations.
Sec. 607. Report on housing assistance programs.
TITLE VII--MISCELLANEOUS PROVISIONS
Sec. 701. Unemployment benefits.
Sec. 702. Repeal of Food Stamp transition provision.
Sec. 703. Computation of targeted assistance.
Sec. 704. Addition to reports.
TITLE VIII--GENERAL PROVISIONS
Sec. 801. Effective dates.
Sec. 802. Not applicable to foreign assistance.
Sec. 803. Notification.
Sec. 804. Definitions.
TITLE I--AFFIDAVITS OF SUPPORT
SEC. 101. APPLICATION OF AFFIDAVITS OF SUPPORT TO MEANS-TESTED PUBLIC
BENEFITS.
Section 213A, as amended by section 551(a) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996, is
amended--
(1) in subsection (a)(1)(B), by striking ``subsection (e)''
and inserting ``subsection (g)'';
(2) in subsection (a)(3)(A), by striking ``Federal means-
tested public benefit (as provided under section 403 of the
Personal Responsibility and Work Opportunity Reconciliation Act
of 1996)'' and inserting ``means-tested public benefit (as
defined in subsection (g))'';
(3) in the last sentence of subsection (a)(3)(B), by
striking ``Federal means-tested public benefit (as provided
under section 403 of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996)'' and inserting
``means-tested public benefit'';
(4) in subsection (d)(2)(B), by striking ``any means-tested
public benefits (other than benefits described in section
401(b), 403(c)(2), or 411(b) of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996)'' and inserting
``any benefit described in section 241(a)(5)(D)''; and
(5) by inserting after subsection (f) the following new
subsection:
``(e) Means-Tested Public Benefit.--For purposes of this section--
``(1) In general.--Subject to paragraph (2), the term
`means-tested public benefit' means any public benefit
(including cash, medical, housing, food, and social services)
provided or funded in whole or in part by 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 such benefit or the amount of such benefit,
or both are determined on the basis of income, resources, or financial
need of the individual, household, or unit.
``(2) Exceptions.--Such term does not include the following
benefits:
``(A) Short-term noncash emergency disaster relief.
``(B) Assistance or benefits under--
``(i) the National School Lunch Act (42
U.S.C. 1751 et seq.);
``(ii) the Child Nutrition Act of 1966 (42
U.S.C. 1771 et seq.);
``(iii) section 4 of the Agriculture and
Consumer Protection Act of 1973 (Public Law 93-
86; 7 U.S.C. 612c note);
``(iv) the Emergency Food Assistance Act of
1983 (Public Law 98-8; 7 U.S.C. 612c note);
``(v) section 110 of the Hunger Prevention
Act of 1988 (Public Law 100-435; 7 U.S.C. 612c
note); and
``(vi) the food distribution program on
Indian reservations established under section
4(b) of Public Law 88-525 (7 U.S.C. 2013(b)).
``(C) Public health assistance for immunizations
and, if the Secretary of Health and Human Services
determines that it is necessary to prevent the spread
of a serious communicable disease, for testing and
treatment for such disease (which may not include
treatment for HIV infection or acquired immune
deficiency syndrome).
``(D) Benefits under programs of student assistance
under titles IV, V, IX, and X of the Higher Education
Act of 1965 and titles III, VII, and VIII of the Public
Health Service Act.
``(E) Benefits under any means-tested programs
under the Elementary and Secondary Education Act of
1965.
``(F) Such other in-kind service or noncash
assistance (such as soup kitchens, crisis counseling,
intervention (including intervention for domestic
violence) and short-term, shelter) as the Attorney
General specifies, in the Attorney General's sole and
unreviewable discretion, after consultation with the
heads of appropriate Federal agencies, if--
``(i) such service or assistance is
delivered at the community level, including
through public or private nonprofit agencies;
``(ii) such service or assistance is
necessary for the protection of life, safety,
or public health; and
``(iii) such service or assistance or the
amount or cost of such service or assistance is
not conditioned on the recipient's income or
resources.''.
SEC. 102. INCREASING INCOME AS A PERCENTAGE OF POVERTY FOR AFFIDAVITS
OF SUPPORT.
Section 213A, of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996, is amended--
(1) in subsection (a)(1)(A), by striking ``125 percent''
and inserting ``appropriate percentage (applicable to the
sponsor under subsection (f))'',
(2) by amending subparagraph (E) of subsection (g)(1) to
read as follows:
``(E) demonstrates (as provided in paragraph (6))
the means to maintain an annual income equal to at
least 200 percent of the Federal poverty line (or in
the case of an affidavit for a spouse or minor child of
the petitioner 140 percent of the Federal poverty
line).'';
(3) by amending paragraph (2) of subsection (g) to read as
follows:
``(2) Income requirement case.--Such term also includes an
individual who does not meet the requirement of paragraph
(1)(E) but demonstrates (as provided in paragraph (6)) the
means to maintain an annual income equal to at least 125
percent of the Federal poverty line and accepts joint and
several liability together with an individual under paragraph
(5).''; and
(4) by amending paragraphs (4) and (5) of subsection (g) to
read as follows:
``(4) Certain employment-based immigrants case.--Such term
also includes an individual--
``(A) who does not meet the requirement of
paragraph (1)(D), but is the relative of the sponsored
alien who filed a classification petition for the
sponsored alien as an employment-based immigrant under
section 203(b) or who has a significant ownership
interest in the entity that filed such a petition; and
``(B)(i) who demonstrates (as provided under
paragraph (6)) the means to maintain an annual income
equal to at least 200 percent of the Federal poverty
line (or in the case of an affidavit for a spouse or
minor child of the petitioner 140 percent of the
Federal poverty line), or
``(ii) does not meet the requirement of paragraph
(1)(E) but demonstrates (as provided in paragraph (6))
the means to maintain an annual income equal to at
least 125 percent of the Federal poverty line and
accepts joint and several liability together with an
individual under paragraph (5).
``(5) Non-petitioning case.--Such term also includes an
individual who does not meet the requirement 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
demonstrates (as provided under paragraph (6)) the means to
maintain an annual income equal to at least 200 percent of the
Federal poverty line (or in the case of an affidavit for a
spouse or minor child of the petitioner 140 percent of the
Federal poverty line).'';
(5) by striking clause (ii) of subsection (g)(6)(A) and
redesignating clause (iii) of such subsection as clause (ii).
TITLE II--PUBLIC CHARGE DEPORTATION
SEC. 201. GROUND FOR DEPORTATION.
(a) Immigrants.--Section 241(a)(5) (8 U.S.C. 1251(a)(5)) is amended
to read as follows:
``(5) Public charge.--
``(A) In general.--
``(i) Except as provided in subparagraph
(B), an immigrant who during the public charge
period becomes a public charge, regardless of
when the cause for becoming a public charge
arises, is deportable.
``(ii) The immigrant shall be subject to
deportation under this paragraph only if the
deportation proceeding is initiated not later
than the end of the 7-year period beginning on
the last date the immigrant receives a benefit
described in subparagraph (D) during the public
charge period.
``(B) Exceptions.--Subparagraph (A) shall not
apply--
``(i) to an alien granted asylum under
section 208;
``(ii) to an alien admitted as a refugee
under section 207; or
``(iii) if the cause of the alien's
becoming a public charge--
``(I) arose after entry in the case
of an alien who entered as an immigrant
or after adjustment to lawful permanent
resident status in the case of an alien
who entered as a nonimmigrant, and
``(II) was a physical illness or
physical injury so serious the alien
could not work at any job, or was a
mental disability that required
continuous institutionalization.
``(C) Definitions.--
``(i) Public charge period.--For purposes
of subparagraph (A), the term `public charge
period' means the period ending 7 years after
the date on which the alien attains the status
of an alien lawfully admitted for permanent
residence (or attains such status on a
conditional basis).
``(ii) Public charge.--For purposes of
subparagraph (A), the term `public charge'
includes any alien who receives benefits
described in subparagraph (D) for an aggregate
period of at least 12 months or 36 months in
the case of an alien described in subparagraph
(E).
``(D) Benefits described.--
``(i) In general.--Subject to clause (ii),
the benefits described in this subparagraph are
means-tested public benefits defined under
section 213A(g)(1).
``(ii) Exceptions.--Benefits described in
this subparagraph shall not include the
following:
``(I) Any benefits to which the
exceptions described in section
213A(g)(2) apply.
``(II) Emergency medical assistance
(as defined in subparagraph (F)).
``(III) Payments for foster care
and adoption assistance under parts B
and E of title IV of the Social
Security Act made on the child's behalf
under such part.
``(IV) Benefits under laws
administered by the Secretary of
Veterans Affairs and any other benefit
available by reason of service in the
United States Armed Forces.
``(V) Benefits under the Head Start
Act.
``(VI) Benefits under the Job
Training Partnership Act.
``(VII) Benefits under any English
as a second language program.
``(iii) Successor programs.--Benefits
described in this subparagraph shall include
any benefits provided under any successor
program as identified by the Attorney General
in consultation with other appropriate
officials.
``(E) Special rule for battered spouse and child.--
Subject to the second sentence of this subparagraph, an
alien is described under this subparagraph if the alien
demonstrates that--
``(i)(I) the alien has been battered 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 residing in
the same household as the alien and the spouse
or parent consented or acquiesced to such
battery or cruelty, or (II) the alien's child
has been battered or subjected to extreme
cruelty in the United States by a spouse or
parent of the alien (without the active
participation of the alien in the battery or
cruelty), or by a member of the spouse or
parent's family residing in the same household
as the alien when the spouse or parent
consented or acquiesced to and the alien did
not actively participate in such battery or
cruelty;
``(ii) the need for benefits described in
subparagraph (D) beyond an aggregate period of
12 months has a substantial connection to the
battery or cruelty described in clause (i); and
``(iii) any battery or cruelty under clause
(i) has been recognized in an order of a judge
or an administrative law judge or a prior
determination of the Service.
An alien shall not be considered to be described under this
subparagraph during any period in which the individual
responsible for such battery or cruelty resides in the same
household or family eligibility unit as the individual
subjected to such battery or cruelty.
``(F) Emergency medical assistance.--
``(i) In general.--For purposes of
subparagraph (C)(ii)(II), the term `emergency
medical assistance' means medical assistance
under title XIX of the Social Security Act (or
any successor program to such title) for care
and services that are necessary for the
treatment of an emergency medical condition of
the alien involved and are not related to an
organ transplant procedure.
``(ii) Emergency medical condition defined.--For
purposes of this subparagraph, the term `emergency
medical condition' means a medical condition (including
emergency labor and delivery) manifesting itself by
acute symptoms of sufficient severity (including severe
pain) such that the absence of immediate medical
attention could reasonably be expected to result in--
``(I) placing the patient's health in
serious jeopardy,
``(II) serious impairment to bodily
functions, or
``(III) serious dysfunction of any bodily
organ or part.''.
(b) Exclusion and Deportation of Nonimmigrants Committing Fraud or
Misrepresentation in Obtaining Benefits.--
(1) Exclusion.--Section 212(a)(6)(C) (8 U.S.C.
1182(a)(6)(C)), as amended by section 344(a) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996, is
amended--
(A) by redesignating clause (iii) as clause (iv),
and
(B) by inserting after clause (ii) the following
clause (iii):
``(iii) Nonimmigrant public benefit
recipients.--Any alien who was admitted as a
nonimmigrant and who has obtained benefits for
which the alien was ineligible, through fraud
or misrepresentation, under Federal law is
excludable for a period of 5 years from the
date of the alien's departure from the United
States.''.
(2) Deportation.--Section 241(a)(1)(C) (8 U.S.C.
1251(a)(1)(C)) is amended by adding after clause (ii) the
following:
``(iii) Nonimmigrant public benefit
recipients.--Any alien who was admitted as a
nonimmigrant and who has obtained through fraud
or misrepresentation benefits for which the
alien was ineligible under Federal law is
deportable.''.
(c) Ineligibility to Naturalization for Aliens Deportable as Public
Charge.--
(1) In general.--Chapter 2 of title III of the Act is
amended by inserting after section 315 the following new
section:
``ineligibility to naturalization for persons deportable as public
charge
``Sec. 315A. (a) A person shall not be naturalized if the person is
deportable as a public charge under section 241(a)(5).
``(b) An applicant for naturalization shall provide a written
attestation, under penalty of perjury, as part of the application for
naturalization that the applicant is not deportable as a public charge
under section 241(a)(5) to the best of the applicant's knowledge.
``(c) The Attorney General shall make a determination that each
applicant for naturalization is not deportable as a public charge under
section 241(a)(5).''.
(2) Clerical amendment.--The table of contents is amended
by inserting after the item relating to section 315 the
following:
``Sec. 315A. Ineligibility to naturalization for persons deportable as
public charge''.
(d) Effective Dates.--
(1) Subsection (a).--
(A) In general.--Except as provided in this
paragraph, the amendment made by subsection (a) shall
apply only to aliens who obtain the status of an alien
lawfully admitted for permanent residence more than 30
days after the date of the enactment of this Act.
(B) Application to current aliens.--Such amendments
shall apply also to aliens who obtained the status of
an alien lawfully admitted for permanent residence less
than 30 days after the date of the enactment of this
Act, but only with respect to benefits received after
the 1-year period beginning on the date of enactment
and benefits received before such period shall not be
taken into account.
(2) Subsection (b).--The amendments made by subsection (b)
shall take effect on the date of the enactment of this Act and
shall apply to fraud or misrepresentation committed before, on,
or after such date.
(3) Subsection (c).--The amendments made by subsection (c)
shall take effect on the date of the enactment of this Act and
shall apply to applications submitted on or after 30 days after
the date of the enactment of this Act.
TITLE III--ATTRIBUTION OF SPONSOR'S INCOME
SEC. 301. APPLICATION OF DEEMING TO CURRENT IMMIGRANTS.
(a) In General.--Section 421 of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1631), as amended
by section 552 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996, is amended by adding at the end the
following new subsection:
``(g) Application of Deeming to Current Immigrants.--
(1) In general.--Subject to paragraph (2), for an alien for
whom an affidavit of support has been executed other than as
required under section 213A of the Immigration and Nationality
Act, the requirement of subsection (a) shall apply for a period
of 5 years beginning on the day such alien was provided lawful
permanent resident status after the execution of such affidavit
or agreement, but in no case after the date of naturalization
of the alien.
(2) Exception.--Subsection (a) shall not apply and the
period of attribution of a sponsor's income and resources under
this subsection with respect to an alien shall terminate at
such time as an affidavit of support of such sponsor with
respect to the alien becomes no longer enforceable under
section 213A(a)(3) of the Immigration and Nationality Act.''.
(b) Application.--
(1) In general.--The amendment made by subsection (a) shall
apply with respect to determinations of eligibility and amount
of benefits for individuals for whom an application is filed on
or after the first day of the first month beginning more than
60 days after the date of the enactment of this Act.
(2) Redeterminations.--Such amendment shall apply with
respect to any redetermination of eligibility and amount of
benefits occurring on or after the date determined under
paragraph (1).
TITLE IV--INELIGIBILITY OF ILLEGAL ALIENS FOR PUBLIC ASSISTANCE AND
BENEFITS
SEC. 401. AUTHORIZATION OF STATES TO DENY DRIVER'S LICENSES TO ILLEGAL
ALIENS.
Any State is authorized to deny a driver's license to any alien who
is not lawfully present in the United States.
SEC. 402. SOCIAL SECURITY BENEFITS.
(a) No Crediting for Unauthorized Employment.--
(1) In general.--Section 210 of the Social Security Act (42
U.S.C. 410) is amended by adding at the end the following new
subsection:
``Demonstration of Required Citizenship Status
``(s) For purposes of this title, service performed by an
individual in the United States shall constitute `employment' only if
it is demonstrated to the satisfaction of the Commissioner of Social
Security that such service was performed by such individual while such
individual was a citizen, a national, a permanent resident, or
otherwise authorized to be employed in the United States in such
service.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to services performed after December
31, 1996.
(b) Trade or Business.--
(1) In general.--Section 211 of such Act (42 U.S.C. 411) is
amended by adding at the end the following new subsection:
``Demonstration of Required Citizenship Status
``(j) For purposes of this title, a trade or business (as defined
in subsection (c)) carried on in the United States by any individual
shall constitute a `trade or business' only if it is demonstrated to
the satisfaction of the Commissioner of Social Security that such trade
or business (as so defined) was carried on by such individual while
such individual was a citizen, a national, a permanent resident, or
otherwise lawfully present in the United States carrying on such trade
or business.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to any trade or business carried on
after December 31, 1996.
(c) Construction.--Nothing in the amendments made by this section
shall be construed to affect the application of chapter 2 or chapter 21
of the Internal Revenue Code of 1986.
SEC. 403. DENIAL OF TREATMENT OF HIV INFECTION FOR ILLEGAL ALIENS.
Section 401(b)(1)(C) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1611(b)(1)(C)) is
amended by inserting ``(which may not include treatment for HIV
infection or acquired immune deficiency syndrome)'' before the period
at the end.
TITLE V--ENHANCED VERIFICATION OF ELIGIBILITY BASED ON CITIZENSHIP OR
IMMIGRATION STATUS
SEC. 501. REQUIRING PROOF OF IDENTITY FOR CERTAIN PUBLIC ASSISTANCE.
(a) Revision of SAVE Program.--
(1) In general.--Paragraph (2) of section 1137(d) of the
Social Security Act (42 U.S.C. 1320b-7(d)) is amended to read
as follows:
``(2) There must be presented the item (or items) described
in one of the following subparagraphs for that individual:
``(A) A United States passport (either current or
expired if issued both within the previous 12 years and
after the individual attained 18 years of age).
``(B) A resident alien card or an alien
registration card, if the card (i) contains a
photograph of the individual and (ii) contains security
features to make it resistant to tampering,
counterfeiting, and fraudulent use.
``(C) A driver's license or similar document issued
for the purpose of identification by a State, if it
contains a photograph of the individual.
``(D) If the individual attests to being a citizen
or national of the United States and that the
individual does not have other documentation under this
paragraph (under penalty of perjury), such other
documents or evidence that identify the individual as
the Attorney General may designate as constituting
reasonable evidence indicating United States
citizenship or nationality.''.
(2) Temporary eligibility for benefits.--Section 1137(d) of
such Act is further amended by adding after paragraph (5) the
following new paragraph (6):
``(6) If at the time of application for benefits, the
documentation under paragraph (2) is not presented or verified,
such benefits may be provided to the applicant for not more
than 2 months, if--
``(A) the applicant provides a written attestation
(under penalty of perjury) that the applicant is a
citizen or national of the United States, or
``(B) the applicant provides documentation
certified by the Department of State or the Department
of Justice, which the Attorney General determines
constitutes reasonable evidence indicating satisfactory
immigration status.''.
(3) Conforming amendments.--Section 1137(d) of such Act is
further amended in paragraph (3), by striking ``(2)(A) is
presented'' and inserting ``(2)(B) is presented and contains
the individual's alien admission number or alien file number
(or numbers if the individual has more than one number)''.
(b) SSI.--Section 1631(e) of such Act (42 U.S.C. 1383(e)(7)) is
amended by adding at the end the following new paragraph:
``(8) The Commissioner of Social Security shall provide for the
application under this title of rules similar to the requirements of
section 1137(d), insofar as they apply to the verification of
immigration or citizenship status for eligibility for supplemental
security income benefits under this title.''.
(c) Revision in Procedures for Proof of Citizenship.--Section
432(a)(2) of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (8 U.S.C. 1642(a)(2)), as added by section
504(2) of the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996, is amended by striking all that follows ``citizenship'' up
to the period at the end.
(d) Effective Date.--
(1) In general.--This section shall apply to application
for benefits filed on or after such date as the Attorney
General specifies in regulations under paragraph (2). Such date
shall be at least 60 days, and not more than 90 days, after the
date the Attorney General first issues such regulations.
(2) Regulations.--The Attorney General (in consultation
with the heads of other appropriate agencies) shall first issue
regulations to carry out this section (and the amendments made
by this section) not later than 180 days after the date of the
enactment of this Act. Such regulations shall be effective on
an interim basis, pending change after opportunity for public
comment.
SEC. 502. AUTHORIZATION FOR STATES TO REQUIRE PROOF OF ELIGIBILITY FOR
STATE PROGRAMS.
(a) In General.--In carrying out this title (and the amendments
made by this title), subject to section 510, a State or political
subdivision is authorized to require an applicant for benefits under a
program of a State or political subdivision to provide proof of
eligibility consistent with the provisions of this title.
(b) Effective Date.--This section shall take effect on the date of
the enactment of this Act.
SEC. 503. NO VERIFICATION REQUIREMENT FOR NONPROFIT CHARITABLE
ORGANIZATIONS.
Subsection (d) of section 432 of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1642(d)), as
added by section 508 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996, is amended to read as follows:
``(d) No Verification Requirement for Nonprofit Charitable
Organizations.--
``(1) In general.--Subject to paragraph (2) and
notwithstanding any other provision of this title, a nonprofit
charitable organization, in providing any Federal public
benefit (as defined in section 401(c)) or any State or local
public benefit (as defined in section 411(c)), but not
including any hospital benefit, as defined by the Attorney
General in consultation with Secretary of Health and Human
Services) is not required to determine, verify, or otherwise
require proof of eligibility of any applicant for such
benefits.
``(2) Requirement of state or federal determination of
eligibility.--
``(A) In General.--Except as provided in
subparagraph (C), in order for a nonprofit charitable
organization to provide to an applicant any benefit to
which paragraph (1) applies, the organization shall
obtain the following:
``(i) In the case of a citizen or national
of the United States, a written attestation
(under penalty of perjury) that the applicant
is a citizen or national of the United States.
``(ii) In the case of an alien and subject
to subparagraph (B), written verification, from
an appropriate State or Federal agency, of the
applicant's eligibility for assistance or
benefits and the amount of assistance or
benefits for which the applicant is eligible.
``(B) No notification within 10 days.--If the
organization is not notified within 10 business days
after a request of an appropriate State or Federal
agency for verification under subparagraph (A)(i), the
requirement under subparagraph (A) shall not apply to
any benefit to which paragraph (1) applies provided to
such applicant by the organization until 30 calendar
days after such notification is received.
``(C) Limitations.--
``(i) Private funds.--The requirement under
subparagraph (A) shall not apply to assistance
or benefits provided through private funds.
``(ii) Section 401 excepted benefits.--The
requirement under subparagraph (A) shall not
apply to assistance or benefits described in
section 401(b) which are not subject to the
limitations of section 401(a).
``(D) Administration.--
``(i) In general.--The Attorney General
shall through regulation provide for an
appropriate procedure for the verification
required under subparagraph (A)(ii).
``(ii) Time period for response.-- The
appropriate State or Federal agencies shall
provide for a response to a request for
verification under subparagraph (A)(ii) of an
applicant's eligibility under section 401(a)
and the amount of eligibility under section 421
(or comparable provisions of State law as
authorized under section 422) not later than 10
business days after the date the request is
made.
``(iii) Recordkeeping.--If the Attorney
General determines that recordkeeping is
required for the purposes of this subsection,
the Attorney General may require that such a
record be maintained for not more than 90
days.''.
SEC. 504. VERIFICATION OF STUDENT ELIGIBILITY FOR POSTSECONDARY FEDERAL
STUDENT FINANCIAL ASSISTANCE.
No student shall be eligible for postsecondary Federal student
financial assistance unless--
(1) the student has certified that the student is a citizen
or national of the United States or an alien lawfully admitted
for permanent residence, and
(2) the Secretary of Education has verified such
certification.
TITLE VI--HOUSING ASSISTANCE
SEC. 601. SHORT TITLE; SUPERSEDING OF OTHER PROVISIONS.
(a) Short Title.--This subtitle may be cited as the ``Use of
Assisted Housing by Aliens Act of 1996''.
(b) Superseding Other Provisions.--The provisions of subtitle E of
title V of the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 are repealed and the provisions of law amended by such
subtitle are restored as they were in effect before the date of the
enactment of such Act. The amendments made by this subtitle shall be
executed after the restoration made by the previous sentence.
SEC. 602. PRORATING OF FINANCIAL ASSISTANCE.
Section 214(b) of the Housing and Community Development Act of 1980
(42 U.S.C. 1436a(b)) is amended--
(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 established under the program
of financial assistance and under this section, and the eligibility of
one or more family members has not been affirmatively established under
this section, any financial assistance made available to such family by
the Secretary of Housing and Urban Development 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.''.
SEC. 603. ACTIONS IN CASES OF TERMINATION OF FINANCIAL ASSISTANCE.
(a) In General.--Section 214(c)(1) of the Housing and Community
Development Act of 1980 (42 U.S.C. 1436a(c)(1)) is amended--
(1) in the matter preceding subparagraph (A)--
(A) by striking ``on the date of the enactment of
the Housing and Community Development Act of 1987'';
and
(B) by striking ``may, in its discretion,'' and
inserting ``shall'';
(2) in subparagraph (A), by adding at the end the following
new sentence: ``Financial assistance continued under this
subparagraph for a family shall be provided only on a prorated
basis under which the amount of financial assistance is based
on the percentage of the total number of members of the family
that are eligible for such assistance under the program for
financial assistance and under this section.''; and
(3) by striking subparagraph (B), and inserting the
following new subparagraph:
``(B) Defer the termination of financial assistance, if
necessary to permit the orderly transition of the individual
and any family members involved to other housing, subject to
the following requirements:
``(i) Except as provided in clause (ii), any
deferral under this subparagraph shall be for a single
3-month period.
``(ii) The time period referred to in clause (i)
shall not apply in the case of a refugee under section
207 of the Immigration and Nationality Act or an
individual seeking asylum under section 208 of such
Act.''.
(b) Scope of Application.--
(1) In general.--The amendment made by subsection (a)(3)
shall apply to any deferral granted under section 214(c)(1)(B)
of the Housing and Community Development Act of 1980 on or
after the date of the enactment of this Act.
(2) Treatment of deferrals and renewals granted before
enactment.--In the case of any deferral which was granted or
renewed under section 214(c)(1)(B) of the Housing and Community
Development Act of 1980 before the date of the enactment of
this Act--
(A) if the deferral or renewal expires before the
expiration of the 3-month period beginning upon such
date of enactment, the deferral or renewal may, upon
expiration of the deferral period, be renewed for not
more than a single additional 3-month period; and
(B) if the deferral or renewal expires on or after
the expiration of such 3-month period, the deferral or
renewal may not be renewed or extended.
SEC. 604. VERIFICATION OF IMMIGRATION STATUS AND ELIGIBILITY FOR
FINANCIAL ASSISTANCE.
(a) In General.--Section 214(d) of the Housing and Community
Development Act of 1980 (42 U.S.C. 1436a(d)) is amended--
(1) by striking the matter preceding paragraph (1) and
inserting the following:
``(d) No individual applying for financial assistance shall receive
such financial assistance before the affirmative establishment and
verification of the eligibility of the individual under this subsection
by the Secretary or other appropriate entity, and the following
conditions shall apply with respect to financial assistance being or to
be provided for the benefit of an individual:'';
(2) in paragraph (1)--
(A) in subparagraph (A), by adding at the end the
following: ``If the declaration states that the
individual is not a citizen or national of the United
States and the individual is younger than 62 years of
age, the declaration shall be verified by the
Immigration and Naturalization Service.'';
(B) by striking subparagraph (B) and inserting the
following new subparagraph:
``(B) In the case of any individual who is younger than 62
years of age and is receiving or applying for financial
assistance, there must be presented the item (or items)
described in one of the following subparagraphs for that
individual:
``(i) A United States passport (either current or
expired if issued both within the previous 20 years and
after the individual attained 18 years of age).
``(ii) A resident alien card or an alien
registration card, if the card (i) contains a
photograph of the individual and (ii) contains security
features to make it resistant to tampering,
counterfeiting, and fraudulent use.
``(iii) A driver's license or similar document
issued for the purpose of identification by a State, if
it contains a photograph of the individual.
``(iv) If the individual attests to being a citizen
or national of the United States and the individual
does not have other documentation under this paragraph,
such other documents or evidence that identify the
individual, as the Attorney General may designate as
constituting reasonable evidence indicating United
States citizenship.''.
(3) by striking paragraph (2) and inserting the following
new paragraph:
``(2) In the case of an individual who is not a citizen or
national of the United States, is not 62 years of age or older,
and is applying for financial assistance, the Secretary may not
provide such assistance for the benefit of the individual
before such documentation is presented and verified under
paragraph (3) or (4).'';
(4) in paragraph (3), by striking ``(2)(A) is presented''
and inserting ``(1)(B)(ii) is presented and contains the
individual's alien admission number or alien file number (or
numbers if the individual has more than one number)''
(5) in paragraph (4)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``on the date of the
enactment of the Housing and Community
Development Act of 1987'' and inserting ``or
applying for financial assistance'';
(ii) by striking ``paragraph (2)'' and
inserting ``paragraph (1)(B)(ii)''; and
(iii) by striking ``paragraph (2)(A)'' and
inserting ``paragraph (1)(B)(ii)'';
(B) in subparagraph (A)--
(i) in clause (i)--
(I) by inserting ``, not to exceed
30 days,'' after ``reasonable
opportunity''; and
(II) by striking ``and'' at the
end; and
(ii) by striking clause (ii) and inserting
the following new clauses:
``(ii) in the case of any individual who is
receiving assistance, may not delay, deny,
reduce, or terminate the individual's
eligibility for financial assistance on the
basis of the individual's immigration status
until such 30-day period has expired, and
``(iii) in the case of any individual who
is applying for financial assistance, may not
deny the application for such assistance on the
basis of the individual's immigration status
until such 30-day period has expired; and'';
and
(C) in subparagraph (B), by striking clauses (i) and
(ii) and inserting the following new clauses:
``(i) the Secretary shall transmit to the
Immigration and Naturalization Service either
photostatic or other similar copies of such
documents, or information from such documents,
as specified by the Immigration and
Naturalization Service, for official
verification,
``(ii) pending such verification or appeal,
the Secretary may not--
``(I) in the case of any individual
who is receiving assistance, delay,
deny, reduce, or terminate the
individual's eligibility for financial
assistance on the basis of the
individual's immigration status, and
``(II) in the case of any
individual who is applying for
financial assistance, deny the
application for such assistance on the
basis of the individual's immigration
status, and'';
(6) in paragraph (5), by striking all that follows
``satisfactory immigration status'' and inserting the
following: ``, the Secretary shall--
``(A) deny the individual's application for
financial assistance or terminate the individual's
eligibility for financial assistance, as the case may
be,
``(B) provide the individual with written notice of
the determination under this paragraph, which in the
case of an individual who is receiving financial
assistance shall also notify the individual of the
opportunity for a hearing under subparagraph (C), and
``(C) in the case of an individual who is receiving
financial assistance and requests a hearing under this
subparagraph, provide a hearing within 5 days of
receipt of the notice under subparagraph (B), at which
hearing the individual may produce the documentation of
immigration status required under this subsection or
the reasons for the termination shall be explained and
the individual shall be notified of his or her
eligibility for deferral under subsection (c)(1)(B).'';
(7) by striking paragraph (6) and inserting the following
new paragraph:
``(6) The Secretary shall terminate the eligibility 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 determining that such individual has knowingly
permitted another individual who is not eligible for such
assistance to use the assistance (including residence in the
unit receiving the assistance). This provision shall not apply
to a family if the ineligibility of the ineligible individual
at issue was considered in calculating any proration under this
section of assistance provided for the family.''; and
(8) by striking the matter following paragraph (6) and
inserting the following new paragraphs:
``(7) An owner of housing receiving financial assistance--
``(A) may initiate procedures to affirmatively
establish or verify the eligibility of an individual or
family under this section at any time at which the
owner determines that such eligibility is in question,
regardless of whether or not the individual or family
is at or near the top of the waiting list for the
housing;
``(B) shall 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 Nationality
Act; and
``(C) 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
financial assistance.
For purposes of this paragraph, the term `owner' includes any
public housing agency (as such term is defined in section 3 of
the United States Housing Act of 1937). For purposes of this
paragraph, when used in reference to a family, the term
`eligibility' means the eligibility of each member of the
family.
``(8) For purposes of this subsection, the following
definitions shall apply:
``(A) The term `satisfactory immigration status'
means an immigration status which does not make the
individual ineligible for financial assistance.
``(B) The term `Secretary' means the Secretary of
Housing and Urban Development, a public housing agency,
or another entity that determines the eligibility of an
individual for financial assistance.''.
(b) Effective Date.--
(1) In general.--Notwithstanding section 576 of this Act,
the amendment made by subsection (a)(2)(B) of this section
shall apply to application for benefits filed on or after such
date as the Attorney General specifies in regulations under
paragraph (2) of this subsection. Such date shall be at least
60 days, and not more than 90 days, after the date the Attorney
General first issues such regulations.
(2) Regulations.--The Attorney General (in consultation
with the heads of other appropriate agencies) shall first issue
regulations to carry out the amendment made by subsection
(a)(2)(B) of this section not later than 180 days after the
date of the enactment of this Act. Such regulations shall be
effective on an interim basis, pending change after opportunity
for public comment.
SEC. 605. PROHIBITION OF SANCTIONS AGAINST ENTITIES MAKING FINANCIAL
ASSISTANCE ELIGIBILITY DETERMINATIONS.
Section 214(e) of the Housing and Community Development Act of 1980
(42 U.S.C. 1436a(e)) is amended--
(1) in paragraph (2), by inserting ``or'' after the comma
at the end;
(2) in paragraph (3), by inserting after ``, or'' at the
end the following: ``the response from the Immigration and
Naturalization Service to the appeal of such individual.''; and
(3) by striking paragraph (4).
SEC. 606. REGULATIONS.
(a) Issuance.--Not later than the expiration of the 60-day period
beginning on the date of the enactment of this Act, the Secretary of
Housing and Urban Development shall issue any regulations necessary to
implement the amendments made by this subtitle. Such regulations shall
be issued in the form of an interim final rule, which shall take effect
upon issuance and shall not be subject to the provisions of section 533
of title 5, United States Code, regarding notice or an opportunity for
comment.
(b) Failure To Issue.--If the Secretary fails to issue the
regulations required under subsection (a) before the expiration of the
period referred to in such subsection, the regulations relating to
restrictions on assistance to noncitizens, contained in the final rule
issued by the Secretary of Housing and Urban Development in RIN 2501-
AA63 (Docket No. R-95-1409; FR-2383-F-050), published in the Federal
Register of March 20, 1995 (Vol. 60., No. 53; pp. 14824-14861), shall
not apply after the expiration of such period.
SEC. 607. REPORT ON HOUSING ASSISTANCE PROGRAMS.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of Housing and Urban Development shall submit a report to
the Committee on the Judiciary and the Committee on Banking, Housing,
and Urban Affairs of the Senate, and the Committee on the Judiciary and
the Committee on Banking and Financial Services of the House of
Representatives, describing the manner in which the Secretary is
enforcing section 214 of the Housing and Community Development Act of
1980 and containing statistics with respect to the number of
individuals denied financial assistance under such section.
TITLE VII--MISCELLANEOUS PROVISIONS
SEC. 701. UNEMPLOYMENT BENEFITS.
(a) Elimination of Crediting Employment Merely on Basis of PRUCOL
Status.--Section 3304(a)(14)(A) of the Internal Revenue Code of 1986 is
amended--
(1) by striking ``, was lawfully'' and inserting ``or was
lawfully'', and
(2) by striking ``, or was permanently'' and all that
follows up to the comma at the end.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to certifications of States for 1998 and subsequent
years, or for 1999 and subsequent years in the case of States the
legislatures of which do not meet in a regular session which closes in
the calendar year 1997.
(c) Report.--The Secretary of Labor, in consultation with the
Attorney General, shall provide for a study of the impact of limiting
eligibility for unemployment compensation only to individuals who are
citizens or nationals of the United States or qualified aliens (as
defined in section 431(b) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996, 8 U.S.C. 1641(b))). Not later
than 2 years after the date of the enactment of this Act, the Secretary
shall submit a report on such study to the Committee on the Judiciary
and the Committee on Labor and Human Resources of the Senate and the
Committee on the Judiciary and the Committee on Economic and
Educational Opportunities of the House of Representatives.
SEC. 702. REPEAL OF FOOD STAMP TRANSITION PROVISION.
Section 510 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 is repealed and the provisions of law, as
amended by subsection section, are restored as if such section had not
been enacted.
SEC. 703. COMPUTATION OF TARGETED ASSISTANCE.
(a) In General.--Section 412(c)(2) (8 U.S.C. 1522(c)(2)) is amended
by adding at the end the following new subparagraph:
``(C) All grants made available under this paragraph for a fiscal
year (other than the Targeted Assistance Ten Percent Discretionary
Program) shall be allocated by the Office of Resettlement in a manner
that ensures that each qualifying county shall receive the same amount
of assistance for each refugee and entrant residing in the county as of
the beginning of the fiscal year who arrived in the United States not
more than 60 months prior to such fiscal year.''.
(b) Effective Date.--The amendment made by subsection (a) shall be
effective for fiscal years after fiscal year 1996.
SEC. 704. ADDITION TO REPORTS.
Section 565 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 is amended by adding at the end the
following:
``(4) Verifications of eligibility.--The number of
situations in which a Federal or State agency fails to respond
within 10 days to a request for verification of eligibility
under section 432(d)(2) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996, including the reasons
for, and the circumstances of, each such failure.''.
TITLE VIII--GENERAL PROVISIONS
SEC. 801. EFFECTIVE DATES.
Except as provided in this Act, this Act and the amendments made by
this Act shall take effect on the date of the enactment of this Act.
SEC. 802. NOT APPLICABLE TO FOREIGN ASSISTANCE.
This Act 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.
SEC. 803. NOTIFICATION.
(a) In general.--Each agency of the Federal Government or a State
or political subdivision that administers a program affected by the
provisions of this Act, shall, directly or through the States, provide
general notification to the public and to program recipients of the
changes regarding eligibility for any such program pursuant to this
Act.
(b) Failure to give notice.--Nothing in this section shall be
construed to require or authorize continuation of eligibility if the
notice under this section is not provided.
SEC. 804. DEFINITIONS.
Except as otherwise provided in this Act, for purposes of this
Act--
(1) the terms ``alien'', ``Attorney General'',
``national'', ``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 Immigration and Nationality Act.
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