[Pages S3995-S3996]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2484. Mr. KIM submitted an amendment intended to be proposed by 
him to the bill H.R. 1, to provide for reconciliation pursuant to title 
II of H. Con. Res. 14; which was ordered to lie on the table; as 
follows:

       At the end of part I of subtitle A of title X, add the 
     following:

     SEC. 100019. INCOME-BASED FULL AND PARTIAL INCOME-BASED 
                   IMMIGRATION FEE WAIVERS.

       (a) New Fees Imposed Under This Part.--Notwithstanding any 
     other provision under this part--
       (1) if an alien's monthly income is less than 150 percent 
     of the Federal poverty level, no fee may be charged or 
     collected from the alien under this part; and
       (2) if an alien's monthly income is less than 250 percent 
     of the Federal poverty line, each of the applicable fees 
     under this part shall be reduced for such alien by not less 
     than 50 percent.
       (b) Form I-94 Applications.--Notwithstanding any other 
     provision of law--
       (1) if an alien's monthly income is less than 150 percent 
     of the Federal poverty level, no fee may be charged or 
     collected from the alien in connection with an application 
     for a Form I-94 Arrival/Departure Record; and
       (2) if an alien's monthly income is less than 250 percent 
     of the Federal poverty line, the fee imposed on such alien in 
     connection with an application described in paragraph (1) 
     shall be reduced by not less than 50 percent.
       (c) Defined Term.--Section 101(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)) is amended by adding at 
     the end the following:
       ``(53) The term `Federal poverty line' has the meaning 
     given such term by the Director of the Office of Management 
     and Budget, as revised annually by the Secretary of Health 
     and Human Services, in accordance with section 673(2) of the 
     Community Services Block Grant Act (42 U.S.C. 9902(2)).''.
       (d) Diversity Immigrant Visa Applications.--Section 
     204(a)(1)(I)(iv) of the Immigration and Nationality Act (8 
     U.S.C. 1154(a)(1)(I)(iv)) is amended--
       (1) by moving the margin 4 ems to the left; and
       (2) by inserting ``(I)'' before ``Each petition''; and
       (3) by striking ``All amounts'' and inserting the 
     following:
       ``(II) Notwithstanding any other provision of law--
       ``(aa) if an alien's monthly income is less than 150 
     percent of the Federal poverty level, the fee required under 
     subclause (I) shall be waived; and
       ``(bb) if an alien's monthly income is less than 250 
     percent of the Federal poverty line, the fee required under 
     subclause (I) shall be reduced by not less than 50 percent.
       ``(III) All amounts''.
       (e) Asylum Applications.--Section 208(d)(3) of the 
     Immigration and Nationality Act (8 U.S.C. 1158(d)(3)) is 
     amended--
       (1) by striking ``The Attorney General may impose'' and 
     inserting the following:
       ``(A) In general.--The Attorney General may impose''.
       (2) by striking ``Nothing'' and inserting the following:
       ``(B) Income-based fee waiver or reduction.--
     Notwithstanding any other provision of law--
       ``(i) if an alien's monthly income is less than 150 percent 
     of the Federal poverty level, no fee may be collected from 
     the alien under this paragraph; and
       ``(ii) if an alien's monthly income is less than 250 
     percent of the Federal poverty line, the fee imposed under 
     subparagraph (A) shall be reduced for such alien by not less 
     than 50 percent.
       ``(C) Rule of construction.--Nothing''.
       (f) ESTA Fees.--Section 217(h)(3)(B) of the Immigration and 
     Nationality Act (8 U.S.C. 1187(h)(3)(B)) is amended--
       (1) by redesignating clause (iii) as clause (iv); and
       (2) by inserting after clause (ii) the following:
       ``(iii) Income-based fee waiver or reduction.--
     Notwithstanding any other provision of law--

       ``(I) if an alien's monthly income is less than 150 percent 
     of the Federal poverty level, no fee may be collected from 
     the alien under this subparagraph; and
       ``(II) if an alien's monthly income is less than 250 
     percent of the Federal poverty line, the fees imposed under 
     clause (i) shall be reduced for such alien by not less than 
     50 percent.''.

       (g) Temporary Protected Status Applications.--Section 
     244(c)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 
     1254a(c)(1)(B)) is amended--
       (1) by striking ``The Attorney General may require'' and 
     inserting the following:
       ``(i) In general.--The Secretary of Homeland Security may 
     require'';
       (2) by striking ``Attorney General'' and inserting 
     ``Secretary''; and
       (3) by striking ``Notwithstanding'' and inserting the 
     following:
       ``(ii) Income-based fee waiver or reduction.--
     Notwithstanding any other provision of law--

       ``(I) if an alien's monthly income is less than 150 percent 
     of the Federal poverty level, no fee may be collected from 
     the alien under this subparagraph; and
       ``(II) if an alien's monthly income is less than 250 
     percent of the Federal poverty line, the fees imposed under 
     clause (i) shall be reduced for such alien by not less than 
     50 percent.

       ``(iii) Disposition of fees.--Notwithstanding''.
       (h) Employment Authorization Applications.--Section 
     286(u)(3) of the Immigration and Nationality Act (8 U.S.C. 
     1356(u)(3)) is amended by adding at the end the following:
       ``(D) Income-based fee waiver or reduction.--
     Notwithstanding subparagraph (A)--
       ``(i) if an alien's monthly income is less than 150 percent 
     of the Federal poverty level, no fee may be collected from 
     the alien under subparagraph (A) in connection with an 
     application for employment authorization; and
       ``(ii) if an alien's monthly income is less than 250 
     percent of the Federal poverty line, the premium fee imposed 
     under subparagraph (A) in connection with an application for 
     employment authorization shall be reduced for such alien by 
     not less than 50 percent.''.
       (i) Naturalization Applications.--Section 344(b) of the 
     Immigration and Nationality Act (8 U.S.C. 1455(b)) is 
     amended--
       (1) in the subsection enumerator, by striking ``(b)'' and 
     inserting ``(b)(1)''; and
       (2) by adding at the end the following:
       ``(2) Notwithstanding any provision of this Act or of any 
     other law, the following fee waivers shall apply:
       ``(A) If an alien's monthly income is less than 150 percent 
     of the Federal poverty line, no fee shall be charged or 
     collected from the alien for--
       ``(i) the filing of an application for naturalization or 
     the issuance of a certificate of naturalization upon 
     admission to citizenship;
       ``(ii) the filing of an application to preserve residence 
     for naturalization purposes;
       ``(iii) the filing of an application for a replacement 
     naturalization or citizenship document;
       ``(iv) the filing of an application for citizenship and 
     issuance of certificate of citizenship (Form N-600K) under 
     section 322;

[[Page S3996]]

       ``(v) the filing of an application for certificate of 
     citizenship (Form N-600); or
       ``(vi) a biometrics capture or background check associated 
     with any application described in any of clauses (i) through 
     (iv).
       ``(B) If an alien's monthly income is less than 250 percent 
     of the Federal poverty line, not more than 50 percent of the 
     applicable fee shall be charged or collected for each of the 
     applications and checks described in clauses (i) through (vi) 
     of subparagraph (A).
       ``(3) Notwithstanding any other provision of law, the 
     Secretary of Homeland Security shall consider the receipt of 
     means-tested benefits as a criterion for the purpose of 
     demonstrating eligibility for a fee waiver under paragraph 
     (2).''.
                                 ______