Text: H.R.2162 — 104th Congress (1995-1996)All Information (Except Text)

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Introduced in House (08/02/1995)

 
[Congressional Bills 104th Congress]
[From the U.S. Government Printing Office]
[H.R. 2162 Introduced in House (IH)]

  1st Session
                                H. R. 2162

  To restore immigration to traditional levels by curtailing illegal 
        immigration and imposing a ceiling on legal immigration.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 2, 1995

  Mr. Archer introduced the following bill; which was referred to the 
 Committee on the Judiciary, and in addition to the Committees on Ways 
and Means, Commerce, Agriculture, and Government Reform and Oversight, 
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 restore immigration to traditional levels by curtailing illegal 
        immigration and imposing a ceiling on legal immigration.
    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Immigration Reduction Act of 1995''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Effective date.
                    TITLE I--IMMIGRANTS AND REFUGEES

Sec. 101. Immigration levels.
Sec. 102. Refugee reform.
Sec. 103. Asylum reform.
Sec. 104. Temporary protected status repealed.
Sec. 105. Parole authority.
                        TITLE II--BORDER CONTROL

Sec. 201. Border patrol personnel.
Sec. 202. Border crossing fees.
                    TITLE III--INTERIOR ENFORCEMENT

Sec. 301. Investigative personnel.
Sec. 302. Common-law searches restored.
Sec. 303. Detention facilities.
Sec. 304. Jurisdiction over immigration cases.
Sec. 305. Aliens in deportation.
Sec. 306. Immigration penalties and confiscations.
Sec. 307. Communications.
Sec. 308. Voluntary departure.
                       TITLE IV--DOCUMENT REFORM

Sec. 401. Secure work eligibility documents.
Sec. 402. Electronic verification.
Sec. 403. Uniform vital statistics.
Sec. 404. Employment authorization.
               TITLE V--STATE AND LOCAL RESPONSIBILITIES

Sec. 501. Local cooperation.
Sec. 502. Notification of alien arrest.
Sec. 503. Immigration-related communications.
Sec. 504. Law enforcement assistance.
      TITLE VI--RESTRICTING WELFARE AND PUBLIC BENEFITS FOR ALIENS

Sec. 600. Statements of national policy concerning welfare and 
                            immigration.
         Subtitle A--Eligibility for Federal Benefits Programs

Sec. 601. Ineligibility of illegal aliens for certain public benefits 
                            programs.
Sec. 602. Ineligibility of nonimmigrants for certain public benefits 
                            programs.
Sec. 603. Limited eligibility of immigrants for 5 specified Federal 
                            public benefits programs.
Sec. 604. Notification.
  Subtitle B--Eligibility for State and Local Public Benefits Programs

Sec. 611. Ineligibility of illegal aliens for State and local public 
                            benefits programs.
Sec. 612. Ineligibility of nonimmigrants for State and local public 
                            benefits programs.
Sec. 613. State authority to limit eligibility of immigrants for State 
                            and local means-tested public benefits 
                            programs.
      Subtitle C--Attribution of Income and Affidavits of Support

Sec. 621. Attribution of sponsor's income and resources to family-
                            sponsored immigrants.
Sec. 622. Requirements for sponsor's affidavit of support.
                     Subtitle D--General Provisions

Sec. 631. Definitions.
Sec. 632. Construction.
                   Subtitle E--Conforming Amendments

Sec. 641. Conforming amendments relating to assisted housing.
    Subtitle F--Exclusion of Aliens Likely to Become Public Charges

Sec. 651. Exclusion of aliens likely to become public charges.
                  TITLE VII--STRENGTHENING CITIZENSHIP

Sec. 701. Constitutional citizenship.
Sec. 702. Constitutional voting privilege.
Sec. 703. Naturalization.
Sec. 704. Legal actions by State and local governments.
           TITLE VIII--IMMIGRATION AND NATURALIZATION SERVICE

Sec. 801. Establishment of independent agency.
Sec. 802. Conforming amendments.
SEC. 3. EFFECTIVE DATE.

    Except where otherwise specifically provided, the provisions of 
this Act are effective October 1, 1996.

                    TITLE I--IMMIGRANTS AND REFUGEES

SEC. 101. IMMIGRATION LEVELS.

    (a) Section 201 of the Immigration and Nationality Act (8 U.S.C. 
1151) is amended by--
            (1) inserting ``backlogged'' before ``family-sponsored 
        immigrants'' and inserting ``and'' after ``fiscal year;'' in 
        subsection (a)(1);
            (2) striking ``employment-based'' in subsection (a)(2) and 
        inserting ``priority-worker'';
            (3) striking ``year; and'' in subsection (a)(2) and 
        inserting ``year.'';
            (4) striking subsection (a)(3);
            (5) amending subsection (c) to read as follows:
    ``(c) Worldwide Level of Backlogged Family-Sponsored Immigrants.--
The worldwide level of backlogged family-sponsored immigrants under 
this subsection for a fiscal year is equal to--
            ``(1) 320,000, minus
            ``(2) the sum of--
                    ``(A) the number of immediate relatives described 
                in section 201(b)(2) and priority workers described in 
                section 203(b) who were issued immigrant visas or who 
                otherwise acquired the status of aliens lawfully 
                admitted to the United States for permanent residence 
                in the previous fiscal year, and
                    ``(B) the number of refugees admitted under section 
                207 in the preceding fiscal year.'';
            (6) amending subsection (d) to read as follows:
    ``(d) The worldwide level of priority-worker immigrants under this 
subsection for a fiscal year is 25,000.''; and
            (7) striking subsection (e).
    (b) Section 203 of the Immigration and Nationality Act (8 U.S.C. 
1153) is amended by--
            (1) inserting ``Backlogged'' before ``Family-Sponsored'' 
        and ``backlogged'' before ``family-sponsored'' in subsection 
        (a);
            (2) striking ``23,400'' in subsection (a)(1) and inserting 
        ``10 percent of such worldwide level'';
            (3) striking ``114,200, plus the number (if any) by which 
        such worldwide level exceeds 226,000'' in subsection (a)(2) and 
        inserting ``51 percent of such worldwide level'';
            (4) striking ``23,400'' in subsection (a)(3) and inserting 
        ``10 percent of such worldwide level'';
            (5) striking ``65,000'' in subsection (a)(4) and inserting 
        ``29 percent of such worldwide level'';
            (6) amending subsection (b) to read as follows:
    ``(b) Allocation for Priority-Worker Immigrants.--Visas shall be 
made available in a number not to exceed the worldwide level of 
priority-worker immigrants to qualified immigrants who are aliens 
described in any of the following paragraphs (1) through (4):
            ``(1) Aliens with extraordinary ability.--An alien is 
        described in this paragraph if--
                    ``(A) the alien has extraordinary ability in the 
                sciences, arts, education, business, or athletics which 
                has been demonstrated by sustained national or 
                international acclaim and whose achievements have been 
                recognized in the field through extensive 
                documentation,
                    ``(B) the alien seeks to enter the United States to 
                continue work in the area of extraordinary ability, and
                    ``(C) the alien's entry into the United States will 
                substantially benefit prospectively the United States.
            ``(2) Outstanding professors and researchers.--An alien is 
        described in this paragraph if--
                    ``(A) the alien is recognized internationally as 
                outstanding in a specific academic area,
                    ``(B) the alien has at least 3 years of experience 
                in teaching or research in the academic area, and
                    ``(C) the alien seeks to enter the United States--
                            ``(i) for a tenured position (or tenure-
                        track position) within a university or 
                        institution of higher education to teach in the 
                        academic area,
                            ``(ii) for a comparable position with a 
                        university or institution of higher education 
                        to conduct research in the area, or
                            ``(iii) for a comparable position to 
                        conduct research in the area with a department, 
                        division, or institute of a private employer, 
                        if the department, division, or institute 
                        employs at least 3 persons full-time in 
                        research activities and has achieved documented 
                        accomplishments in an academic field.
            ``(3) Certain multinational executives and managers.--An 
        alien is described in this paragraph if the alien, in the 3 
        years preceding the time of the alien's application for 
        classification and admission into the United States under this 
        paragraph, has been employed for at least 1 year by a firm or 
        corporation or other legal entity or an affiliate or subsidiary 
        thereof and the alien seeks to enter the United States in order 
        to continue to render services to the same employer or to a 
        subsidiary or affiliate thereof in a capacity that is 
        managerial or executive.
            ``(4) Employer-sponsored workers with advanced degrees or 
        exceptional ability.--An alien is described in this paragraph 
        if--
                    ``(A) the alien holds an advanced degree or 
                possesses exceptional ability,
                    ``(B) the alien's services in the sciences, the 
                arts, a profession, or a business are sought by an 
                employer in the United States, and
                    ``(C) such services will substantially benefit 
                prospectively the national economy.'';
            (7) amending subsection (c) to read as follows:
    ``(c) Distribution of Visas.--Visas shall be made available to 
priority-worker immigrants in the order in which a petition on behalf 
of each such immigrant is filed with the Attorney General, and waiting 
lists of applicants for visas shall be maintained in accordance with 
regulations prescribed by the Secretary of State.'';
            (8) striking ``(a), (b), or (c)'' in subsections (d), (f), 
        and (g) and inserting ``(a) or (b)''; and
            (9) amending subsection (e) to read as follows:
    ``(e) Visa Cut-Off for Family Sponsored Immigrants.--No visas shall 
be allotted to any alien subject to the worldwide level for backlogged 
family immigrants unless a petition on that alien's behalf for 
classification by reason of a relation described in any paragraph of 
subsection (a) was approved prior to October 1, 1996.''.
    (c) Section 204 of the Immigration and Nationality Act (8 U.S.C. 
1154) is amended--
            (1) in subsection (a)(1)(A) by striking ``the 
        classification by reason of a relationship described in 
        paragraph (1), (3), or (4) of section 203(a) or'';
            (2) by striking subparagraphs (B), (C), (D), (E), (F), and 
        (G) in subsection (a)(1) and inserting:
                    ``(B) any alien desiring to be classified under 
                section 203(b)(1), or any person on behalf of such an 
                alien, may file a petition with the Attorney General 
                for such classification, and
                    ``(C) any employer desiring and intending to employ 
                within the United States an alien entitled to 
                classification under section 203(b)(2), 203(b)(3), or 
                203(b)(4) may file a petition with the Attorney General 
                for such classification.'';
            (3) striking ``203(b)(2) or 203(b)(3)'' in subsection (b) 
        and inserting ``203(b)(4)'';
            (4) striking in subsection (e) ``subsection (a), (b), or 
        (c) of'';
            (5) striking in subsection (f)(1) ``, 203(a)(1), or 
        203(a)(3), as appropriate''; and
            (6) adding after subsection (g) the following:
    ``(h) Notwithstanding any other provision of this section, the 
Attorney General shall not approve after September 30, 1996, any 
petitions for classification by reason of a relationship described in 
any paragraph of section 203(a).''.
    (d) Section 214(g)(1)(A) of the Immigration and Nationality Act (8 
U.S.C. 1184(g)(1)(A)) is amended by striking ``65,000'' and inserting 
``30,000''.

SEC. 102. REFUGEE REFORM.

    Section 207 of the Immigration and Nationality Act (8 U.S.C. 1157) 
is amended by--
            (1) striking subsection (a) and inserting:
    ``(a) Except as provided in subsection (b), the number of refugees 
who may be admitted under this section in any fiscal year may not 
exceed 50,000. Admissions under this subsection shall be allocated by 
the President among refugees of special humanitarian concern to the 
United States.'';
            (2) adding after subsection (e) the following:
    ``(f) No person shall receive any preference or priority or be 
discriminated against in the determination of refugee status or in the 
admission of refugees because of the person's race, sex, religion, or 
nationality.''; and
            (3) Notwithstanding the limitation under section 207(a) of 
        the Immigration and Nationality Act, such limitation shall not 
        apply to refugee admissions under Public Law 89-732.

SEC. 103. ASYLUM REFORM.

    (a) Section 208 of the Immigration and Nationality Act (8 U.S.C. 
1158) is amended by--
            (1) striking ``irrespective of such alien's status,'' from 
        subsection (a) and inserting ``who is not excludable or 
        deportable'';
            (2) striking ``is a refugee within the meaning of section 
        101(a)(42)(A)'' and inserting ``departed the country of his 
        nationality or the country in which he last habitually resided 
        and is unable or unwilling to return because it is more likely 
        than not that his life or freedom will be threatened in that 
        country based upon his race, religion, nationality, or 
        political opinion''; and
            (3) adding after subsection (d) the following:
    ``(e) No person shall receive any preference or priority or be 
discriminated against in the granting or termination of asylum because 
of the person's race, sex, religion, or nationality.
    ``(f)(1) Subject to paragraph (2), an alien's application for 
asylum shall not be considered under this section unless--
            ``(A) the alien has filed, not later than 30 days after 
        being admitted or coming to the United States, notice of 
        intention to file such an application, and
            ``(B) such application is actually filed not later than 60 
        days after being admitted or coming to the United States.
    ``(2) An application for asylum may be considered, notwithstanding 
that the requirements of paragraph (1) have not been met, only if the 
alien demonstrates by clear and convincing evidence changed 
circumstances in the alien's country of nationality (or in the case of 
an alien with no nationality, in the country where the alien has 
habitually resided) affecting eligibility for asylum.''.
    (b) Section 243(h) of the Immigration and Nationality Act (8 U.S.C. 
1253(h)) is amended by adding at the end the following new paragraph:
            ``(3) Paragraph (1) shall not apply to any proceeding that 
        did not commence with the alien's voluntary presentment of 
        himself for inspection, exclusion, or deportation unless the 
        threat to such alien's life or freedom arose subsequent to the 
        commencement of such proceeding.''.

SEC. 104. REPEAL OF TEMPORARY PROTECTED STATUS.

    (a) Section 244A of the Immigration and Nationality Act (8 U.S.C. 
1254a) is repealed.
    (b) An alien in the United States under temporary protected status 
on the date of enactment of this Act may continue such status until the 
earlier of--
            (1) the date on which such status is withdrawn or 
        terminated by the Attorney General, or
            (2) the date which is 180 days after the date of the 
        enactment of this Act.
    (c) Section 244 of the Immigration and Nationality Act (8 U.S.C. 
1254) is amended by adding at the end the following new subsection:
    ``(g) Except as specifically provided in this Act, the Attorney 
General may not authorize any alien who is excludable or deportable to 
remain in the United States or to engage in employment in the United 
States.''.

SEC. 105. PAROLE AUTHORITY.

    Section 212(d)(5) of the Immigration and Nationality Act (8 U.S.C. 
1182) is amended by adding at the end the following:
                    ``(C) The Attorney General may not parole groups or 
                classes of aliens into the United States. No alien 
                shall be paroled into the United States except on the 
                basis of the alien's individual circumstances.
                    ``(D) An alien who is paroled into the United 
                States may not be authorized to work in the United 
                States during the period of the alien's parole.
                    ``(E) The Attorney General shall maintain a record 
                of parolees. The number of aliens paroled into the 
                United States by the Attorney General, excluding those 
                released temporarily from custody while active 
                proceedings are pending against them under this Act, 
                shall not at any time exceed 5,000.''.

                        TITLE II--BORDER CONTROL

SEC. 201. BORDER PATROL PERSONNEL.

    (a) The number of full-time officer positions in the border patrol 
of the Immigration and Naturalization Service shall be increased to 
5,900 in fiscal year 1997, 6,900 in fiscal year 1998, 7,900 in fiscal 
year 1999, 8,900 in fiscal year 2000, and 9,900 in fiscal year 2001.
    (b) There is authorized to be appropriated for each of the fiscal 
years 1997, 1998, 1999, 2000, and 2001 such amounts as may be necessary 
to provide for the increase in positions provided by subsection (a) and 
for such support personnel as are necessary.
SEC. 202. BORDER CROSSING FEES.

    Section 286 of the Immigration and Nationality Act (8 U.S.C. 1356) 
is amended by adding at the end the following new subsection:
    ``(s) Land Border and Port of Entry User Fee Account.--
            ``(1) The Attorney General, after consultation with the 
        Secretary of State, shall impose at the time of a person's 
        entry into the United States by land or by sea a fee of $1 for 
        the person's use of border or port facilities and services of 
        the Immigration and Naturalization Service.
            ``(2) The Attorney General may--
                    ``(A) adjust the border crossing user fee 
                periodically to compensate for inflation and other 
                escalation in the cost of carrying out the purposes of 
                this Act; and
                    ``(B) develop and implement special discounted fee 
                programs for frequent border crossers including, but 
                not limited to, commuter coupon books or passes.
            ``(3) The fees collected under paragraph (1) shall be 
        deposited as offsetting receipts into a separate account 
        entitled the `Border Crossing Fee Account' in the Treasury of 
        the United States. In each calendar quarter the Secretary of 
        the Treasury shall refund out of the Border Crossing Fee 
        Account to any appropriation the amount paid out of such 
        appropriation during the preceding calendar quarter for 
        expenses incurred by the Attorney General on (1) measures, 
        personnel, structures, and devices to deter and prevent illegal 
        entry of persons and contraband into the United States by land 
        or by sea, and to return excludable aliens and (2) 
        construction, maintenance, and operation of facilities to 
        expedite lawful border traffic.''.

                    TITLE III--INTERIOR ENFORCEMENT

SEC. 301. INVESTIGATIVE PERSONNEL.

    (a) The number of full-time investigator positions in the 
Immigration and Naturalization Service shall be increased above the 
number of such positions authorized as of October 31, 1996 by 500 in 
fiscal year 1997, by 1,000 in fiscal year 1998, by 1,500 in fiscal year 
1999, by 2,000 in fiscal year 2000, and by 2,500 in fiscal year 2001.
    (b) There is authorized to be appropriated for each of the fiscal 
years 1997, 1998, 1999, 2000, and 2001 such amounts as may be necessary 
to provide for the increase in positions provided by subsection (a) and 
for such support personnel as are necessary.

SEC. 302. COMMON-LAW SEARCHES RESTORED.

    Section 287 of the Immigration and Nationality Act is amended by 
striking subsection (e) and redesignating subsection (f) as subsection 
(e).

SEC. 303. DETENTION FACILITIES.

    Not later than January 1, 1996, the Secretary of Defense shall 
provide to the Attorney General a list of all military bases and 
installations within the United States which contain facilities that 
are (1) suitable for the detention of aliens by the Attorney General 
and (2) are closed, are scheduled to be closed, or otherwise are not 
being utilized for defense-related purposes and shall notify the 
Attorney General of any subsequent deletions from or additions to such 
list. Upon the request of the Attorney General, the Secretary of 
Defense shall make available to the Attorney General such facilities as 
the Attorney General shall identify from the list as needed for the 
detention of aliens and shall render to the Attorney General such 
assistance as the Attorney General may require to take possession of 
and operate such facilities.

SEC. 304. JURISDICTION OVER IMMIGRATION CASES.

    Section 1295(a) of title 28, United States Code, is amended--
            (1) by striking ``and'' at the end of paragraph (13);
            (2) by striking the period at the end of paragraph (14) and 
        inserting ``; and''; and
            (3) by inserting after paragraph (14) the following:
            ``(15) of an appeal from a final decision of a district 
        court of the United States of any case arising under the 
        Immigration and Nationality Act.''.

SEC. 305. ALIENS IN DEPORTATION.

    (a) Penalty for Unlawful Presence.--The Immigration and Nationality 
Act is amended by adding after section 276 the following new section:
    ``Sec. 276A. An alien whose presence in the United States is in 
violation of any provision of this Act when proceedings to deport the 
alien commence shall be subject to a civil penalty when a final order 
of deportation is made against the alien. The amount of the penalty 
shall be the greater of (1) the actual cost of deporting the alien, or 
(2) the estimate by the Commissioner of the average cost of deporting 
an alien that was last published in the Federal Register prior to the 
making of the final order of deportation. During each fiscal year the 
Commissioner shall cause to be published in the Federal Register an 
estimate of the average cost of deporting an alien during the preceding 
fiscal year. For purposes of this section, the cost of deporting an 
alien includes all direct and indirect costs
 of detection, apprehension, detention, processing, and 
transportation.''.
    (b) Seizure of Certain Property.--The Immigration and Nationality 
Act is amended by adding after section 242B:
    ``Sec. 242C. (a) If the Attorney General determines that an alien, 
found to be deportable, has at any time engaged in unauthorized 
employment or in any commercial enterprise during any period of 
unlawful presence in the United States or has received any Federal 
financial benefit to which such alien was not entitled, then all 
property real or personal, of the alien in the United States, wherever 
situated, shall be seized and subject to forfeiture, except that, in 
cases where such seizure and forfeiture would result in severe 
financial hardship of the alien or of any United States citizen or 
permanent resident alien that is the spouse, minor child, or parent of 
the alien, the Attorney General, the sole discretion of the Attorney 
General, may exempt from seizure and forfeiture an amount of property 
not exceeding $10,000.
    ``(b) Any property subject to seizure under this section may be 
seized without warrant if circumstances exist where a warrant is not 
constitutionally required.
    ``(c) All provisions of law relating to the seizure, summary and 
judicial forfeiture, and condemnation of property for the violation of 
the customs laws; the disposition of such property or the proceeds from 
the sale thereof; the remission or mitigation of such forfeitures; and 
the compromise of claims and the award of compensation to informers in 
respect of such forfeitures shall apply to seizures and forfeitures 
incurred, or alleged to have been incurred, under the provisions of 
this section, insofar as applicable and not inconsistent with the 
provisions hereof, except that duties imposed on customs officers or 
other persons regarding the seizure and forfeiture of property under 
the customs laws shall be performed with respect to seizures and 
forfeitures carried out under the provisions of this section by such 
officers or persons authorized for that purpose by the Attorney 
General.
    ``(d) Whenever property is forfeited under this section, the 
Attorney General may--
            ``(1) retain the property for official use;
            ``(2) sell the property, in which case the proceeds from 
        any such sale shall be used to pay all proper expenses of the 
        proceedings for forfeiture and sale including expenses of 
        seizure, maintenance of custody, advertising, and courts costs; 
        and
            ``(3) deposit any moneys or proceeds from the sale of 
        seized property not used to pay expenses in accordance with 
        paragraph (2) to the Penalties and Confiscation Account.
    ``(e) In all suits or actions brought for the forfeiture of any 
property of an alien seized under this section, where an interest in 
such property is claimed by any person other than such alien, the 
burden of proof shall lie upon such claimant, except that probable 
cause shall be first shown for the institution of such suit or 
action.''.

SEC. 306. IMMIGRATION PENALTIES AND CONFISCATIONS.

    Section 286 of the Immigration and Nationality Act (8 U.S.C. 1356) 
is amended--
            (1) in subsection (b)(1) by striking subparagraph ``(A)'' 
        and in subparagraph (B) by striking subparagraph ``(B)''.
            (2) by amending subsection (r) to read as follows:
    ``(r) Penalties and Confiscations Account.--
            ``(1) Notwithstanding any other provision of law, all 
        breached cash and surety bonds that are posted under this 
        chapter and are recovered, all civil fines or penalties 
        collected pursuant to this Act, and all money confiscated, and 
        all proceeds from the sale of property confiscated, pursuant to 
        this Act, shall be deposited as offsetting receipts into a 
        separate account entitled `Penalties and Confiscations Account' 
        in the Treasury of the United States.
            ``(2) Each calendar quarter the Secretary of the Treasury 
        shall refund out of the Penalties and Confiscations Account to 
        any appropriation the amount paid out of such appropriation 
        during the preceding calendar quarter for expenses incurred by 
        the Attorney General in the detection, apprehension, detention, 
        and deportation of aliens who are unlawfully present in the 
        United States.''.
SEC. 307. COMMUNICATIONS.

    Notwithstanding any other provision of law, no agency, officer, or 
employee of the United States shall be prohibited or in any way 
restricted from communicating with the Immigration and Naturalization 
Service regarding the immigration status of an alien.

SEC. 308. VOLUNTARY DEPARTURE.

    Section 244 of the Immigration and Nationality Act (8 U.S.C. 1254) 
is amended--
            (1) in subsection (e) by adding at the end the following:
            ``(3) When granting permission to depart voluntarily under 
        the authority contained in paragraph (1), the Attorney General 
        shall inform the alien of the date and year, not more than 6 
        months from the date on which such permission is communicated, 
        by which such departure must be accomplished. No postponement 
        of the initially prescribed departure date may be granted'';
            (2) in subsection (f) striking ``; or'' at the end of 
        paragraph (2) and inserting a semicolon
            (3) in paragraph (3) by striking the period at the end and 
        inserting ``; or''; and
            (4) by adding after paragraph (3) the following:
            ``(4) was permitted by the Attorney General to depart 
        voluntarily under subsection (e)(1) and did not depart by the 
        date prescribed in accordance with subsection (e)(3).''.

                       TITLE IV--DOCUMENT REFORM

SEC. 401. SECURE WORK ELIGIBILITY DOCUMENTS.

    (a) Examination of Documents.--Effective January 1, 1997, section 
274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is amended 
by striking subparagraphs (A) through (D) of subsection (b)(1) and 
inserting the following:
                    ``(A) In general.--The person or entity must 
                attest, under penalty of perjury and on a form 
                designated or established by the Attorney General by 
                regulation, that it has verified that the individual is 
                not an unauthorized alien by--
                            ``(i) examining the document described in 
                        subparagraph (B) in the case of an individual 
                        claiming to be a United States citizen or 
                        United States national;
                            ``(ii) examining the document described in 
                        subparagraph (C) in the case of an individual 
                        not claiming to be a United States citizen or a 
                        United States national; and
                            ``(iii) reporting the individual's Social 
                        Security account number to the Social Security 
                        Administration through the electronic 
                        verification system established pursuant to 
                        section 402 of the Immigration Reduction Act of 
                        1995.
                    ``(B) Documents of citizens and nationals.--The 
                document described in this paragraph is an individual's 
                Social Security account number card issued pursuant to 
                section 401(c) of the Immigration Reduction Act of 
                1995.
                    ``(C) Documents of aliens.--The document described 
                in this paragraph is an alien's identification card 
                issued by the Immigration and Naturalization Service 
                pursuant to section 401(b) of the Immigration Reduction 
                Act of 1995.''.
    (b) Improvement of Alien Identity Cards.--
            (1) Permanent resident aliens.--The Attorney General shall 
        cause to be issued to every alien acquiring lawful permanent 
        residence in the United States after June 30, 1996, and, upon 
        application, to any alien who acquired lawful permanent 
        residence before July 1, 1996, an alien identification card 
        that shall--
                    (A) be uniform in appearance,
                    (B) be as tamper-proof and counterfeit-resistant as 
                practicable,
                    (C) contain a photograph and fingerprint,
                    (D) display the name, sex, date of birth, place of 
                birth, and such other identifying information as the 
                Attorney General shall determine, and
                    (E) incorporate a machine-readable encoding of the 
                information displayed on the card and such other 
                information as may serve to prevent counterfeiting or 
                other misuse of the card.
            (2) Other aliens.--The Attorney General shall cause to be 
        issued to every alien who becomes authorized to work in the 
        United States after June 30, 1996, other than by reason of 
        lawful admission for permanent residence, and shall cause to be 
        issued, upon application, to any other alien who is authorized 
        to work in the United States other than by reason of lawful 
        admission for permanent residence an alien identification card 
        that shall--
                    (A) be uniform in appearance,
                    (B) be as tamper-proof and counterfeit-resistant as 
                practicable,
                    (C) contain a photograph and fingerprint,
                    (D) display the alien's name, sex, date of birth, 
                place of birth, and such other identifying information 
                as the Attorney General shall determine,
                    (E) show an expiration date that shall be 
                determined in accordance with regulations issued by the 
                Attorney General, but shall not in any case be later 
                than 3 calendar years after the date of issuance, and
                    (F) incorporate a machine-readable encoding of the 
                information displayed on the card and such other 
                information as may serve to prevent counterfeiting or 
                other misuse of the card.
    (c) Improvement of Social Security Cards.--
            (1) Issuance of enhanced card for citizens.--The Secretary 
        shall cause to be issued enhanced Social Security account 
        number cards to United States citizens and United States 
        nationals who are 16 years of age or older upon application, 
        proof of identity, proof of citizenship or nationality, and 
        payment of a reasonable fee.
            (2) Issuance of enhanced card for aliens.--The Secretary 
        shall cause to be issued enhanced Social Security account 
        number cards to aliens lawfully admitted for permanent 
        residence or who are otherwise authorized to work in the United 
        States and who are 16 years of age or older upon application, 
        proof of identity, verification of status by the Immigration 
        and Naturalization Service, and payment of a reasonable fee.
            (3) Requirements of new cards.--
                    (A) The cards issued pursuant to paragraphs (1) and 
                (2) shall--
                            (i) be uniform in appearance,
                            (ii) be as tamper-proof and counterfeit-
                        resistant as is practicable,
                            (iii) contain a photograph and such other 
                        identifying information that is specific to 
                        each person as the Secretary shall determine,
                            (iv) contain the name, sex, date of birth, 
                        citizenship status, and Social Security account 
                        number of the issuee, and
                            (v) incorporate a machine-readable encoding 
                        of the information contained in the card.
                    (B) The cards issued pursuant to paragraph (2) to 
                aliens who are not permanent resident aliens shall 
                indicate whether the work authorization granted to the 
                alien has an expiration date.
            (4) Secretary defined.--For purposes of this subsection, 
        the Secretary means the Secretary of Health and Human Services.
    (d) Reasonable Fee.--The amount of the fee that is to be charged 
under subsections (b) and (c) shall be the amount, not exceeding $50, 
required to cover the costs of issuing the card (rounded to the nearest 
whole dollar).
    (e) No Other Cards.--No Social Security account number card or 
alien identification card shall be issued after June 30, 1996, whether 
as an original card or as a replacement, that does not satisfy the 
requirements of this section.
    (f) Definitions.--For purposes of this section--
            (1) ``place of birth'' means, for an individual--
                    (A) born in a State, the 2-letter symbol used by 
                the United States Postal Service to identify that 
                State, or
                    (B) not born in a State, such 2-letter symbol as 
                the Secretary shall determine by regulations;
            (2) ``State'' means one of the United States, the District 
        of Columbia, Puerto Rico, the United States Virgin Islands, or 
        Guam.

SEC. 402. ELECTRONIC VERIFICATION.

    (a) Social Security Database.--By September 30, 1996, the Secretary 
of Health and Human Services shall make such modifications to the 
Social Security account number data base (NUMIDENT) as are practicable 
and as enable confirmation through the electronic verification system 
described in subsection (d) that a Social Security account number has 
been issued to an individual identified by last name, sex, year of 
birth, and place of birth and that such individual is not known to the 
Secretary of Health and Human Services to be an alien not authorized to 
work in the United States. At a minimum the data base shall be modified 
to enable confirmation that a Social Security account number is not 
assigned to an individual authorized to work in the United States 
because the number--
            (1) has not been issued,
            (2) was issued to an individual known by the Secretary of 
        Health and Human Services as not authorized to work,
            (3) was issued to a person that is deceased and has not 
        been reissued, or
            (4) was issued to an alien that any data base of the 
        Immigration and Naturalization Service shows is not authorized 
        to work in the United States.
The Attorney General shall provide such assistance as the Secretary of 
Health and Human Services may require to merge or otherwise make use of 
any data base of the Immigration and Naturalization Service for the 
purposes of this section.
    (b) Exchange of Information.--The Attorney General shall notify the 
Secretary of Health and Human Services of the expiration of an alien's 
authorization to work in the United States not later than 14 calendar 
days after the date of expiration. The Secretary of Health and Human 
Services shall furnish the Attorney General with a list of any aliens 
for whom confirmation of work eligibility has been requested not later 
than 5 calendar days after such request. Such list shall include the 
telephone number from which the request was made and the employer 
identification number of the requester.
    (c) Adult Applicants.--The Secretary of Health and Human Services 
shall furnish to the Attorney General a copy of any application 
(including supporting documentation) for a Social Security account 
number by an alien or by an individual over 16 years of age who claims 
to be a United States citizen or national and shall not issue a number 
before the earlier of the following dates--
            (1) the date on which the Attorney General confirms in 
        writing that his records do not show that the applicant is an 
        alien not authorized to work in the United States, or
            (2) 60 days after a copy of the application and supporting 
        documentation has been delivered to the Attorney General.
    (d) Electronic Verification System.--Before January 1, 1997, the 
Secretary of Health and Human Services shall test and place in 
operation a system whereby an employer can report by touch-tone 
telephone or point-of-service device his employer identification number 
and the Social Security account number, last name, sex, year of birth, 
and place of birth of any individual who is to be employed and can 
receive immediate confirmation that the number was issued to the 
individual having that identity and that such person is not identified 
within the Social Security account number data base as an individual 
who is not a United States citizen, a United States national, or an 
alien authorized to work in the United States. The charge for each call 
will be sufficient to cover the costs of operating the system, except 
that it shall not exceed $2.00 plus any line charges payable to the 
telephone carrier. The system shall provide for access to a live 
operator if an entry is not accepted or confirmed, shall provide a 
verification code to the caller, shall create and maintain a record of 
each inquiry (including the telephone number of the requester) and its 
verification code for not less than 2 years, and shall accommodate 
devices that read the encoding incorporated by a card issued under 
section 401(b) or 401(c).
    (e) Abuse of System.--The use of the telephone verification system 
established by subsection (d) by a person other than--
            (1) an employer acting pursuant to section 274A(b)(1) of 
        the Immigration and Nationality Act, or
            (2) an officer or employee of an agency of the United 
        States or of any State acting in the performance of official 
        duties, shall be punishable by a fine of not more than $1,000 
        per occurrence.
SEC. 403. UNIFORM VITAL STATISTICS.

    The Secretary of Health and Human Services shall consult with the 
State agencies responsible for registration and certification of births 
and deaths and, within 2 years of the date of enactment of this Act, 
shall establish a national electronic network linking the vital 
statistics records of such States. The network shall provide, where 
practical, for the matching of deaths with births and shall enable the 
confirmation of births and deaths of citizens of the United States, or 
of aliens within the United States, by any Federal or State agency or 
official in the performance of official duties. The Secretary shall 
institute measures to achieve uniform and accurate reporting of vital 
statistics into the national network, to protect the integrity of the 
registration and certification process, and to prevent fraud against 
the Government and other persons through the use of false birth or 
death certificates.

SEC. 404. EMPLOYMENT AUTHORIZATION.

    Section 274A of the Immigration and Nationality Act (8 U.S.C. 
1324a) is amended--
            (1) in subsection (h)(3), by striking ``or by the Attorney 
        General''; and
            (2) by adding the following sentence at the end of 
        subsection (h)(3): ``The Attorney General shall not authorize 
        any alien who has not lawfully immigrated to the United States 
        to be employed in the United States or to carry on any trade or 
        business within the United States unless (A) the alien has a 
        lawfully obtained visa for a nonimmigrant status that 
        explicitly contemplates such performance of services or such 
        carrying on of a trade or business within the United States, or 
        (B) such authorization is explicitly permitted by this Act.''.
               TITLE V--STATE AND LOCAL RESPONSIBILITIES

SEC. 501. LOCAL COOPERATION.

    If the Attorney General certifies that any State or local 
government or agency, or any elected or appointed officer or employee 
thereof in the exercise of the individual's official duties, has 
announced or practiced a policy of refusing to cooperate with Federal 
immigration authorities with respect to the identification, location, 
arrest, prosecution, detention, or deportation of an alien or aliens 
who are not lawfully present in the United States or a policy of 
disregarding any Federal law or regulation relating to the denial of 
benefits to any class of aliens, then, from the date that such 
certification is published in the Federal Register until the date that 
the Attorney General certifies that the policy has been retracted, that 
State or local government or agency will not be eligible for any 
Federal funds or assistance relating to law enforcement, education, 
public health, transportation, or public works.

SEC. 502. NOTIFICATION OF ALIEN ARREST.

    Whenever a law enforcement agency of any State or subdivision 
thereof that receives Federal funds arrests an alien for the commission 
of a crime, that agency shall promptly provide notice of the alien's 
identity and the circumstances of his arrest to the District Director 
of the Immigration and Naturalization Service for the district in which 
the alien is being held or, if the alien is not being held, for the 
district in which the alien was arrested.

SEC. 503. IMMIGRATION-RELATED COMMUNICATIONS.

    (a) Freedom of Communication.--Notwithstanding any other provision 
of law, no State or local government or agency or employee thereof 
shall be prohibited or prevented in any way from communicating with the 
Immigration and Naturalization Service regarding the immigration status 
of an alien.
    (b) Confidentiality of Communications.--
            (1) Any officer or employee of the United States, who by 
        virtue of his employment or official position receives or 
        learns of a communication described in subsection (a), is 
        prohibited from disclosing to any person who is not an employee 
        or officer of the United States information about an individual 
        that was included in such communication other than pursuant to 
        the administration and enforcement of the (A) Immigration and 
        Nationality Act and other laws of the United States regulating 
        the admission, presence, and departure of aliens, and (B) any 
        criminal law of the United States or of the several States.
            (2) Any officer or employee of the United States who 
        knowingly makes a disclosure prohibited by this subsection 
        shall be guilty of a misdemeanor and fined not more than $1,000 
        per disclosure.

SEC. 504. LAW ENFORCEMENT ASSISTANCE.

    (a) Section 3041 of title 18, United States Code, is amended by 
adding after the first comma in the first sentence ``including entry 
into, or presence within, the United States in violation of any United 
States law regulating immigration,''.
    (b) Section 103 of the Immigration and Nationality Act (8 U.S.C. 
1103) is amended by adding at the end the following new subsection:
    ``(e)(1) The Attorney General may deputize any law enforcement 
officer of any State or of any political subdivision of any State to 
seek, apprehend, detain, and commit to the custody of an officer of the 
Department of Justice aliens who have violated or are reasonably 
suspected to have violated the provisions of this Act and to conduct 
investigations with respect to any such violations or suspected 
violations, if--
            ``(A) actions pursuant to such deputization are subject to 
        the direction and supervision of an officer of the Department 
        of Justice;
            ``(B) the duration of any such deputization is not more 
        than 2 years, subject to extensions or renewals at the 
        discretion of the Attorney General which shall not exceed 2 
        years;
            ``(C) any deputization, its duration, an identification of 
        the supervising officer of the Department of Justice, and the 
        specific powers, privileges, and duties to be performed or 
        exercised are set forth in writing; and
            ``(D) the Governor of the State, or the chief elected or 
        appointed official of a political subdivision (as may be 
        appropriate) consents to the deputization.
    ``(2) No deputization under this subsection shall entitle any 
State, political subdivision, or individual to any compensation or 
reimbursement from the United States, except where the amount thereof 
and the entitlement thereto are set forth in the written deputization 
or where otherwise explicitly provided by law.''.
      TITLE VI--RESTRICTING WELFARE AND PUBLIC BENEFITS FOR ALIENS

SEC. 600. STATEMENTS OF NATIONAL POLICY CONCERNING WELFARE AND 
              IMMIGRATION.

    The Congress makes the following statements concerning national 
policy with respect to welfare and immigration:
            (1) Self-sufficiency has been a basic principle of United 
        States immigration law since this country's earliest 
        immigration statutes.
            (2) It continues to be the immigration policy of the United 
        States that--
                    (A) aliens within the nation's borders not depend 
                on public resources to meet their needs, but rather 
                rely on their own capabilities and the resources of 
                their families, their sponsors, and private 
                organizations, and
                    (B) the availability of public benefits not 
                constitute an incentive for immigration to the United 
                States.
            (3) Despite the principle of self-sufficiency, aliens have 
        been applying for and receiving public benefits from Federal, 
        State, and local governments at increasing rates.
            (4) Current eligibility rules for public assistance and 
        unenforceable financial support agreements have proved wholly 
        incapable of assuring that individual aliens not burden the 
        public benefits system.
            (5) It is a compelling government interest to enact new 
        rules for eligibility and sponsorship agreements in order to 
        assure that aliens be self-reliant in accordance with national 
        immigration policy.
            (6) It is a compelling government interest to remove the 
        incentive for illegal immigration provided by the availability 
        of public benefits.

         Subtitle A--Eligibility for Federal Benefits Programs

SEC. 601. INELIGIBILITY OF ILLEGAL ALIENS FOR CERTAIN PUBLIC BENEFITS 
              PROGRAMS.

    (a) In General.--Notwithstanding any other provision of law and 
except as provided in subsections (b) and (c), any alien who is not 
lawfully present in the United States shall not be eligible for any 
Federal means-tested public benefits program (as defined in section 
631(d)(2)).
    (b) Exception for Emergency Assistance.--Subsection (a) shall not 
apply to the provision of non-cash, in-kind emergency assistance 
(including emergency medical services).
    (c) Treatment of Housing-related Assistance.--Subsection (a) shall 
not apply to any program for housing or community development 
assistance administered by the Secretary of Housing and Urban 
Development, any program under title V of the Housing Act of 1949, or 
any assistance under section 306C of the Consolidated Farm and Rural 
Development Act, except that in the case of financial assistance (as 
defined in section 214(b) of the Housing and Community Development Act 
of 1980), the provisions of section 214 of such Act shall apply instead 
of subsection (a).

SEC. 602. INELIGIBILITY OF NONIMMIGRANTS FOR CERTAIN PUBLIC BENEFITS 
              PROGRAMS.

    (a) In General.--Notwithstanding any other provision of law and 
except as provided in subsections (b) and (c), any alien who is 
lawfully present in the United States as a nonimmigrant shall not be 
eligible for any Federal means-tested public benefits program.
    (b) Exceptions.--
            (1) Emergency assistance.--Subsection (a) shall not apply 
        to the provision of non-cash, in-kind emergency assistance 
        (including emergency medical services).
            (2) Aliens granted asylum.--Subsection (a) shall not apply 
        to an alien who is granted asylum under section 208 of the 
        Immigration and Nationality Act or whose deportation has been 
        withheld under section 243(h) of such Act.
            (3) Treatment of temporary agricultural workers.--
        Subsection (a) shall not apply to a nonimmigrant admitted as a 
        temporary agricultural worker under section 
        101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act or 
        as the spouse or minor child of such a worker under section 
        101(a)(15)(H)(iii) of such Act.
    (c) Treatment of Housing-related Assistance.--Subsection (a) shall 
not apply to any program for housing or community development 
assistance administered by the Secretary of Housing and Urban 
Development, any program under title V of the Housing Act of 1949, or 
any assistance under section 306C of the Consolidated Farm and Rural 
Development Act, except that in the case of financial assistance (as 
defined in section 214(b) of the Housing and Community Development Act 
of 1980), the provisions of section 214 of such Act shall apply instead 
of subsection (a).
    (d) Treatment of Aliens Paroled into the United States.--An alien 
who is paroled into the United States under section 212(d)(5) of the 
Immigration and Nationality Act for a period of less than 1 year shall 
be considered, for purposes of this subtitle, to be lawfully present in 
the United States as a nonimmigrant.

SEC. 603. LIMITED ELIGIBILITY OF IMMIGRANTS FOR 5 SPECIFIED FEDERAL 
              PUBLIC BENEFITS PROGRAMS.

    (a) In General.--Notwithstanding any other provision of law and 
except as provided in subsection (b), any alien who is lawfully present 
in the United States shall not be eligible for any of the following 
Federal means-tested public benefits programs:
            (1) SSI.--The supplemental security income program under 
        title XVI of the Social Security Act.
            (2) Temporary assistance for needy families.--The program 
        of block grants to States for temporary assistance for needy 
        families under part A of title IV of the Social Security Act.
            (3) Social services block grant.--The program of block 
        grants to States for social services under title XX of the 
        Social Security Act.
            (4) Medicaid.--The program of medical assistance under 
        title XIX of the Social Security Act.
            (5) Food stamps.--The program under the Food Stamp Act of 
        1977.
    (b) Exceptions.--
            (1) Time-limited exception for refugees.--Subsection (a) 
        shall not apply to an alien admitted to the United States as a 
        refugee under section 207 of the Immigration and Nationality 
        Act until 5 years after the date of such alien's arrival into 
        the United States.
            (2) Certain long-term, permanent resident, aged aliens.--
        Subsection (a) shall not apply to an alien who--
                    (A) has been lawfully admitted to the United States 
                for permanent residence;
                    (B) is over 75 years of age; and
                    (C) has resided in the United States for at least 5 
                years.
            (3) Veteran and active duty exception.--Subsection (a) 
        shall not apply to an alien who is lawfully residing in any 
        State (or any territory or possession of the United States) and 
        is--
                    (A) a veteran (as defined in section 101 of title 
                38, United States Code) with a discharge characterized 
                as an honorable discharge,
                    (B) on active duty (other than active duty for 
                training) in the Armed Forces of the United States, or
                    (C) the spouse or unmarried dependent child of an 
                individual described in subparagraph (A) or (B).
        Subparagraph (A) shall not apply in the case of a veteran who 
        has been separated from military service on account of 
        alienage.
            (4) Emergency assistance.--Subsection (a) shall not apply 
        to the provision of non-cash, in-kind emergency assistance 
        (including emergency medical services).
            (5) Transition for current beneficiaries.--Subsection (a) 
        shall not apply to the eligibility of an alien for a program 
        until 1 year after the date of the enactment of this Act if, on 
        such date of enactment, the alien is lawfully residing in any 
        State or any territory or possession of the United States and 
        is eligible for the program.
            (6) Certain permanent resident and disabled aliens.--
        Subsection (a) shall not apply to an alien who--
                    (A) has been lawfully admitted to the United States 
                for permanent residence; and
                    (B) is unable because of physical or developmental 
                disability or mental impairment (including Alzheimer's 
                disease) to comply with the naturalization requirements 
                of section 312(a) of the Immigration and Naturalization 
                Act.

SEC. 604. NOTIFICATION.

    Each Federal agency that administers a program to which section 
601, 602, or 603 applies shall, directly or through the States, post 
information and provide general notification to the public and to 
program recipients of the changes regarding eligibility for any such 
program pursuant to this subtitle.

  Subtitle B--Eligibility for State and Local Public Benefits Programs

SEC. 611. INELIGIBILITY OF ILLEGAL ALIENS FOR STATE AND LOCAL PUBLIC 
              BENEFITS PROGRAMS.

    (a) In General.--Notwithstanding any other provision of law and 
except as otherwise provided in this section, no alien who is not 
lawfully present in the United States (as determined in accordance with 
regulations of the Attorney General) shall be eligible for any State 
means-tested public benefits program (as defined in section 631(d)(3)).
    (b) Exception for Emergency Assistance.--Subsection (a) shall not 
apply to the provision of non-cash, in-kind emergency assistance 
(including emergency medical services).

SEC. 612. INELIGIBILITY OF NONIMMIGRANTS FOR STATE AND LOCAL PUBLIC 
              BENEFITS PROGRAMS.

    (a) In General.--Notwithstanding any other provision of law and 
except as otherwise provided in this section, no alien who is lawfully 
present in the United States as a nonimmigrant shall be eligible for 
any State means-tested public benefits program (as defined in section 
631(d)(3)).
    (b) Exceptions.--
            (1) Emergency assistance.--The limitations under subsection 
        (a) shall not apply to the provision of non-cash, in-kind 
        emergency assistance (including emergency medical services).
            (2) Aliens granted asylum.--Subsection (a) shall not apply 
        to an alien who is granted asylum under section 208 of the 
        Immigration and Nationality Act or whose deportation has been 
        withheld under section 243(h) of such Act.
            (3) Treatment of temporary agricultural workers.--
        Subsection (a) shall not apply to a nonimmigrant admitted as a 
        temporary agricultural worker under section 
        101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act or 
        as the spouse or minor child of such a worker under section 
        101(a)(15)(H)(iii) of such Act.
    (c) Treatment of Aliens Paroled into the United States.--An alien 
who is paroled into the United States under section 212(d)(5) of the 
Immigration and Nationality Act for a period of less than 1 year shall 
be considered, for purposes of this subtitle, to be lawfully present in 
the United States as a nonimmigrant.

SEC. 613. STATE AUTHORITY TO LIMIT ELIGIBILITY OF IMMIGRANTS FOR STATE 
              AND LOCAL MEANS-TESTED PUBLIC BENEFITS PROGRAMS.

    (a) In General.--Notwithstanding any other provision of law and 
except as otherwise provided in this section or section 612, a State is 
authorized to determine eligibility requirements for aliens who are 
lawfully present in the United States for any State means-tested public 
benefits program.
    (b) Exceptions.--
            (1) Time-limited exception for refugees.--The authority 
        under subsection (a) shall not apply to an alien admitted to 
        the United States as a refugee under section 207 of the 
        Immigration and Nationality Act until 5 years after the date of 
        such alien's arrival into the United States.
            (2) Certain long-term, permanent resident, aged aliens.--
        The authority under subsection (a) shall not apply to an alien 
        who--
                    (A) has been lawfully admitted to the United States 
                for permanent residence;
                    (B) is over 75 years of age; and
                    (C) has resided in the United States for at least 5 
                years.
            (3) Veteran and active duty exception.--The authority under 
        subsection (a) shall not apply to an alien who is lawfully 
        residing in any State (or any territory or possession of the 
        United States) and is--
                    (A) a veteran (as defined in section 101 of title 
                38, United States Code) with a discharge characterized 
                as an honorable discharge,
                    (B) on active duty (other than active duty for 
                training) in the Armed Forces of the United States, or
                    (C) the spouse or unmarried dependent child of an 
                individual described in subparagraph (A) or (B).
        Subparagraph (A) shall not apply in the case of a veteran who 
        has been separated from military service on account of 
        alienage.
            (4) Emergency assistance.--The authority under subsection 
        (a) shall not apply to the provision of non-cash, in-kind 
        emergency assistance (including emergency medical services).
            (5) Transition.--The authority under subsection (a) shall 
        not apply to eligibility of an alien for a State means-tested 
        public benefits program until 1 year after the date of the 
        enactment of this Act if, on such date of enactment, the alien 
        is lawfully present in the United States and is eligible for 
        benefits under the program. Nothing in the previous sentence is 
        intended to address alien eligibility for such a program before 
        the date of the enactment of this Act.

      Subtitle C--Attribution of Income and Affidavits of Support
SEC. 421. ATTRIBUTION OF SPONSOR'S INCOME AND RESOURCES TO FAMILY-
              SPONSORED IMMIGRANTS.

    (a) In General.--Notwithstanding any other provision of law and 
except as provided in subsection (c), in determining the eligibility 
and the amount of benefits of an alien for any means-tested public 
benefits program (as defined in section 631(d)) the income and 
resources of the alien shall be deemed to include--
            (1) the income and resources of any person who executed an 
        affidavit of support pursuant to section 213A of the 
        Immigration and Nationality Act (as added by section 622) in 
        behalf of such alien, and
            (2) the income and resources of the spouse (if any) of the 
        person.
    (b) Application.--Subsection (a) shall apply with respect to an 
alien until such time as the alien achieves United States citizenship 
through naturalization pursuant to chapter 2 of title III of the 
Immigration and Nationality Act.
    (c) Exception for Housing-related Assistance.--Subsection (a) shall 
not apply to any program for housing or community development 
assistance administered by the Secretary of Housing and Urban 
Development, any program under title V of the Housing Act of 1949, or 
any assistance under section 306C of the Consolidated Farm and Rural 
Development Act.

SEC. 622. REQUIREMENTS FOR SPONSOR'S AFFIDAVIT OF SUPPORT.

    (a) In General.--Title II of the Immigration and Nationality Act is 
amended by inserting after section 213 the following new section:
           ``requirements for sponsor's affidavit of support

    ``Sec. 213A. (a) Enforceability.--No affidavit of support may be 
accepted by the Attorney General or by any consular officer to 
establish that an alien is not excludable as a public charge under 
section 212(a)(4) unless such affidavit is executed as a contract--
            ``(1) which is legally enforceable against the sponsor by 
        the Federal Government and by any State (or any political 
        subdivision of such State) which provides any means-tested 
        public benefits program, but not later than 10 years after the 
        alien last receives any such benefit; and
            ``(2) in which the sponsor agrees to submit to the 
        jurisdiction of any Federal or State court for the purpose of 
        actions brought under subsection (e)(2).
Such contract shall be enforceable with respect to benefits provided to 
the alien until such time as the alien achieves United States 
citizenship through naturalization pursuant to chapter 2 of title III.
    ``(b) Forms.--Not later than 90 days after the date of enactment of 
this section, the Attorney General, in consultation with the Secretary 
of State and the Secretary of Health and Human Services, shall 
formulate an affidavit of support consistent with the provisions of 
this section.
    ``(c) Statutory Construction.--Nothing in this section shall be 
construed to grant third party beneficiary rights to any sponsored 
alien under an affidavit of support.
    ``(d) Notification of Change of Address.--(1) 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).
    ``(2) Any person subject to the requirement of paragraph (1) who 
fails to satisfy such requirement shall be subject to a civil penalty 
of--
            ``(A) not less than $250 or more than $2,000, or
            ``(B) if such failure occurs with knowledge that the 
        sponsored alien has received any benefit under any means-tested 
        public benefits program, not less than $2,000 or more than 
        $5,000.
    ``(e) Reimbursement of Government Expenses.--(1)(A) Upon 
notification that a sponsored alien has received any benefit under any 
means-tested public benefits program, the appropriate Federal, State, 
or local official shall request reimbursement by the sponsor in the 
amount of such assistance.
    ``(B) The Attorney General, in consultation with the Secretary of 
Health and Human Services, shall prescribe such regulations as may be 
necessary to carry out subparagraph (A).
    ``(2) If within 45 days after requesting reimbursement, the 
appropriate Federal, State, or local agency has not received a response 
from the sponsor indicating a willingness to commence payments, an 
action may be brought against the sponsor pursuant to the affidavit of 
support.
    ``(3) If the sponsor fails to abide by the repayment terms 
established by such agency, the agency may, within 60 days of such 
failure, bring an action against the sponsor pursuant to the affidavit 
of support.
    ``(4) No cause of action may be brought under this subsection later 
than 10 years after the alien last received any benefit under any 
means-tested public benefits program.
    ``(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) Means-tested public benefits program.--The term 
        `means-tested public benefits program' means a program of 
        public benefits (including cash, medical, housing, and food 
        assistance and social services) of the Federal Government or of 
        a State or political subdivision of a State in which the 
        eligibility of an individual, household, or family eligibility 
        unit for benefits under the program, or the amount of such 
        benefits, or both are determined on the basis of income, 
        resources, or financial need of the individual, household, or 
        unit.''.
    (b) Clerical Amendment.--The table of contents of such Act is 
amended by inserting after the item relating to section 213 the 
following:

``Sec. 213A. Requirements for sponsor's affidavit of support.''.
    (c) Effective Date.--Subsection (a) of section 213A of the 
Immigration and Nationality Act, as inserted by subsection (a) of this 
section, shall apply to affidavits of support executed on or after a 
date specified by the Attorney General, which date shall be not earlier 
than 60 days (and not later than 90 days) after the date the Attorney 
General formulates the form for such affidavits under subsection (b) of 
such section.

                     Subtitle D--General Provisions

SEC. 631. DEFINITIONS.

    (a) In General.--Except as otherwise provided in this section, the 
terms used in this title have the same meaning given such terms in 
section 101(a) of the Immigration and Nationality Act.
    (b) Lawful Presence.--For purposes of this title, the determination 
of whether an alien is lawfully present in the United States shall be 
made in accordance with regulations of the Attorney General. An alien 
shall not be considered to be lawfully present in the United States for 
purposes of this title merely because the alien may be considered to be 
permanently residing in the United States under color of law for 
purposes of any particular program.
    (c) State.--As used in this title, the term ``State'' includes the 
District of Columbia, Puerto Rico, the Virgin Islands, Guam, the 
Northern Mariana Islands, and American Samoa.
    (d) Public Benefits Programs.--As used in this title--
            (1) Means-tested program.--The term ``means-tested public 
        benefits program'' means a program of public benefits 
        (including cash, medical, housing, and food assistance and 
        social services) of the Federal Government or of a State or 
        political subdivision of a State in which the eligibility of an 
        individual, household, or family eligibility unit for benefits 
        under the program, or the amount of such benefits, or both are 
        determined on the basis of income, resources, or financial need 
        of the individual, household, or unit.
            (2) Federal means-tested public benefits program.--The term 
        ``Federal means-tested public benefits program'' means a means-
        tested public benefits program of (or contributed to by) the 
        Federal Government and under which the Federal Government has 
        specified standards for eligibility and includes the programs 
        specified in section 603(a).
            (3) State means-tested public benefits program.--The term 
        ``State means-tested public benefits program'' means a means-
        tested public benefits program of a State or political 
        subdivision of a State under which the State or political 
        subdivision specifies the standards for eligibility, and does 
        not include any Federal means-tested public benefits program.
SEC. 632. CONSTRUCTION.

    Nothing in this title shall be construed as addressing alien 
eligibility for governmental programs that are not means-tested public 
benefits programs.
                   Subtitle E--Conforming Amendments

SEC. 641. CONFORMING AMENDMENTS RELATING TO ASSISTED HOUSING.

    (a) Limitations on Assistance.--Section 214 of the Housing and 
Community Development Act of 1980 (42 U.S.C. 1436a) is amended--
            (1) by striking ``Secretary of Housing and Urban 
        Development'' each place it appears and inserting ``applicable 
        Secretary'';
            (2) in subsection (b), by inserting after ``National 
        Housing Act,'' the following: ``the direct loan program under 
        section 502 of the Housing Act of 1949 or section 502(c)(5)(D), 
        504, 521(a)(2)(A), or 542 of such Act, subtitle A of title III 
        of the Cranston-Gonzalez National Affordable Housing Act,'';
            (3) in paragraphs (2) through (6) of subsection (d), by 
        striking ``Secretary'' each place it appears and inserting 
        ``applicable Secretary'';
            (4) in subsection (d), in the matter following paragraph 
        (6), by striking ``the term `Secretary''' and inserting ``the 
        term `applicable Secretary'''; and
            (5) by adding at the end the following new subsection:
    ``(h) For purposes of this section, the term `applicable Secretary' 
means--
            ``(1) the Secretary of Housing and Urban Development, with 
        respect to financial assistance administered by such Secretary 
        and financial assistance under subtitle A of title III of the 
        Cranston-Gonzalez National Affordable Housing Act; and
            ``(2) the Secretary of Agriculture, with respect to 
        financial assistance administered by such Secretary.''.
    (b) Conforming Amendments.--Section 501(h) of the Housing Act of 
1949 (42 U.S.C. 1471(h)) is amended--
            (1) by striking ``(1)'';
            (2) by striking ``by the Secretary of Housing and Urban 
        Development''; and
            (3) by striking paragraph (2).

    Subtitle F--Exclusion of Aliens Likely to Become Public Charges

SEC. 651. EXCLUSION OF ALIENS LIKELY TO BECOME PUBLIC CHARGES.

    Section 212(a) of the Immigration and Nationality Act (8 U.S.C. 
1182(a)) is amended by striking paragraph (4) and inserting the 
following:
            ``(4) Public charge.--Any alien who cannot demonstrate to 
        the consular officer at the time of application for a visa, or 
        to the Attorney General at the time of application for 
        admission or adjustment of status, that, taking into account 
        the alien's age and medical condition, the alien has assets, 
        education, skills, or a combination thereof that make it very 
        unlikely that the alien will become eligible for means-tested 
        public assistance of any kind (including, but not limited to, 
        medical care or food and housing assistance) or will otherwise 
        become a public charge is excludable.''.

                  TITLE VII--STRENGTHENING CITIZENSHIP

SEC. 701. CONSTITUTIONAL CITIZENSHIP.

    In the exercise of its powers under section 5 of the Fourteenth 
Article of Amendment to the Constitution of the United States, the 
Congress has determined and hereby declares that any person born after 
the date of enactment of this Act to a mother who is neither a citizen 
of the United States nor admitted to the United States as a lawful 
permanent resident, and which person is a national or citizen of 
another country of which either of his or her natural parents is a 
national or citizen, or is entitled upon application to become a 
national or citizen of such country, shall be considered as born 
subject to the jurisdiction of that foreign country and not subject to 
the jurisdiction of the United States within the meaning of section 1 
of such Article and shall therefore not be a citizen of the United 
States or of any State solely by reason of birth within the United 
States.

SEC. 702. CONSTITUTIONAL VOTING PRIVILEGE.

    In the exercise of its powers under section 5 of the Fourteenth 
Article of Amendment to the Constitution of the United States to 
enforce the prohibition of section 1 of such Article against the making 
or enforcing of any law that shall abridge the privileges or immunities 
of citizens of the United States, the Congress determines that the 
right of citizens to vote is a privilege of citizens of the United 
States and that voting in elections of the United States or of any 
State by persons who are not citizens of the United States is an 
abridgement of that privilege. It shall be unlawful, and a misdemeanor 
punishable by a fine of not more than $1,000 and/or imprisonment of not 
more than 30 days for each unlawful vote, for any person who is not a 
citizen of the United States to vote in any election to which the 
provisions of the Fifteenth, Nineteenth, Twenty-Fourth, or Twenty-Sixth 
Article of Amendment to the Constitution applies or in any other 
election, referendum, ballot, or other procedure of the
 United States or of any State in which votes are taken. Any vote that 
is cast in violation of this section shall be null, void, and of no 
effect and shall not be counted.
SEC. 703. NATURALIZATION.

    (a) Requirements for Non-Elderly Aliens.--Section 312 of the 
Immigration and Nationality Act (8 U.S.C. 1423) is amended by--
            (1) striking all that follows ``this Act,'' in paragraph 
        (1) and inserting ``is over 65 years of age and has been living 
        in the United States for periods totaling at least 20 years 
        subsequent to a lawful admission for permanent residence.'';
            (2) striking ``and'' after ``applicant;'' in paragraph (1);
            (3) striking ``the period'' after ``United States'' in 
        subsection (2) and inserting ``; and''; and
            (4) adding the following sentence after paragraph (2): 
        ``The demonstration required by this section shall be made in 
        the physical presence of an employee of the Immigration and 
        Naturalization Service.''.
    (b) Good Moral Character Requirement.--Section 316 of the 
Immigration and Nationality Act (8 U.S.C. 1427) is amended by adding 
the following sentence at the end of subsection (a): ``Action by the 
alien to commit a fraud upon the Immigration and Naturalization Service 
in connection with his own admission or to aid or abet the commission 
of such a fraud by any other alien shall be considered conclusive 
evidence that the alien lacks good moral character.''.

SEC. 704. LEGAL ACTIONS BY STATE AND LOCAL GOVERNMENTS.

    (a) Actions by States and Their Political Subdivisions.--The 
Immigration and Nationality Act is amended by adding the following new 
section after section 293 (8 U.S.C. 1363):

``SEC. 294. ACTIONS BASED ON IMMIGRATION LAW VIOLATIONS.

    ``(a) Actions Against the United States.--The Governor or Attorney 
General of any State may commence a civil suit on behalf of the State 
and any of its political subdivisions against the head of any agency of 
the Federal Government upon an allegation that the number of aliens 
entering or residing in the State in violation of this Act has 
increased, is increasing, or is likely to increase by reason of (1) a 
failure of such agency to perform within a reasonable time any 
nondiscretionary act or duty under an immigration-related law, (2) a 
policy of such agency to authorize, encourage, or enable one or more 
classes of excludable or deportable aliens to remain within the United 
States or be employed within the United States, or (3) a policy of such 
agency of releasing from the custody of the United States excludable or 
deportable aliens without effective provision for their prompt 
departure or return to custody. Any such action shall be brought in a 
United States district court for a district that is wholly or partly 
within the State bringing the suit or in the United States District 
Court for the District of Columbia. The district court shall have 
jurisdiction to order the head of any agency of the United States to 
perform any act or duty required by an immigration-related law. If the 
court finds that the actions or policies of the department or agency 
were in willful and prolonged disregard of any immigration-related law, 
the court may order the United States to reimburse the State or any of 
its political subdivisions for the direct costs to the State or the 
political subdivision attributable to such actions.
    ``(b) Litigation Costs.--If an action under this section is against 
a party other than a department or agency of the United States, the 
court may award the costs of litigation (including reasonable attorney 
and expert witness fees) to the prevailing party, whenever the court 
determines such an award is appropriate.
    ``(c) Definition.--For purposes of this section, the term 
`immigration-related law' means this Act and any Federal law that 
limits or prohibits the provision of financial assistance to ineligible 
aliens or the expenditure of funds for the benefit of ineligible 
aliens.''.

           TITLE VIII--IMMIGRATION AND NATURALIZATION SERVICE

SEC. 801. ESTABLISHMENT OF INDEPENDENT AGENCY.

    For the purposes of maintaining order in the admission and 
departure of aliens, of protecting American workers from unfair 
competition with alien workers, and of protecting the general public 
from crime, terrorism, abuse of public benefits and facilities, 
environmental degradation, and other adverse consequences of 
uncontrolled entry of person or property across the borders of the 
United States, the Immigration and Naturalization Service is 
established as an agency of the United States Government outside of the 
Department of Justice. The Immigration and Naturalization Service shall 
execute and enforce the provisions of the Immigration and Nationality 
Act. The funds, property, and personnel of the Immigration and 
Naturalization Service of the Department of Justice are transferred to 
the Immigration and Naturalization Service that is established by this 
section.

SEC. 802. CONFORMING AMENDMENTS.

    (a) The Immigration and Nationality Act is amended--
            (1) by striking ``of the Department of Justice'' in section 
        101(a)(34);
            (2) by striking ``which are conferred upon the Attorney 
        General as may be delegated to him by the Attorney General or 
        which may be prescribed by the Attorney General'' in section 
        103(b); and
            (3) by striking ``Attorney General'' from all sections of 
        the Act except section 101(a)(5) and inserting 
        ``Commissioner''.
    (b) Sections 1551 and 1552 of title 8, United States Code, are 
repealed.
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