[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 2191 Introduced in Senate (IS)]







104th CONGRESS
  2d Session
                                S. 2191

      To amend the Immigration and Nationality Act, the Personal 
Responsibility and Work Opportunity Reconciliation Act of 1996, and the 
Illegal Immigration Reform and Immigrant Responsibility Act of 1996, to 
modify provisions of law relating to public assistance and benefits for 
                                aliens.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 3, 1996

 Mr. Simpson (for himself and Mr. Kyl) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
      To amend the Immigration and Nationality Act, the Personal 
Responsibility and Work Opportunity Reconciliation Act of 1996, and the 
Illegal Immigration Reform and Immigrant Responsibility Act of 1996, to 
modify provisions of law relating to public assistance and benefits for 
                                aliens.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; AMENDMENTS TO IMMIGRATION AND NATIONALITY ACT; 
              TABLE OF CONTENTS; SEVERABILITY.

    (a) Short Title.--This Act may be cited as the ``Alien Public 
Assistance Benefits Amendments of 1996''.
    (b) Amendments to Immigration and Nationality Act.--Except as 
otherwise specifically provided, whenever in this Act an amendment or 
repeal is expressed as the amendment or repeal of a section or other 
provision, the reference shall be considered to be made to that section 
or provision in the Immigration and Nationality Act.
    (c) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; amendments to Immigration and Nationality Act; 
                            table of contents; severability.
                     TITLE I--AFFIDAVITS OF SUPPORT

Sec. 101. Application of affidavits of support to means-tested public 
                            benefits.
Sec. 102. Increasing income as a percentage of poverty for affidavits 
                            of support.
                  TITLE II--PUBLIC CHARGE DEPORTATION

Sec. 201. Ground for deportation.
               TITLE III--ATTRIBUTION OF SPONSOR'S INCOME

Sec. 301. Application of deeming to current immigrants.
  TITLE IV--INELIGIBILITY OF ILLEGAL ALIENS FOR PUBLIC ASSISTANCE AND 
                                BENEFITS

Sec. 401. Authorization of States to deny driver's licenses to illegal 
                            aliens.
Sec. 402. Social Security benefits.
Sec. 403. Denial of treatment of HIV infection for illegal aliens.
 TITLE V--ENHANCED VERIFICATION OF ELIGIBILITY BASED ON CITIZENSHIP OR 
                           IMMIGRATION STATUS

Sec. 501. Requiring proof of identity for certain public assistance.
Sec. 502. Authorization for States to require proof of eligibility for 
                            State programs.
Sec. 503. No verification requirement for nonprofit charitable 
                            organizations.
Sec. 504. Verification of student eligibility for postsecondary Federal 
                            student financial assistance.
                     TITLE VI--HOUSING ASSISTANCE.

Sec. 601. Short title; superseding of other provisions.
Sec. 602. Prorating of financial assistance.
Sec. 603. Actions in cases of termination of financial assistance.
Sec. 604. Verification of immigration status and eligibility for 
                            financial assistance.
Sec. 605. Prohibition of sanctions against entities making financial 
                            assistance eligibility determinations.
Sec. 606. Regulations.
Sec. 607. Report on housing assistance programs.
                  TITLE VII--MISCELLANEOUS PROVISIONS

Sec. 701. Unemployment benefits.
Sec. 702. Repeal of Food Stamp transition provision.
Sec. 703. Computation of targeted assistance.
Sec. 704. Addition to reports.
                     TITLE VIII--GENERAL PROVISIONS

Sec. 801. Effective dates.
Sec. 802. Not applicable to foreign assistance.
Sec. 803. Notification.
Sec. 804. Definitions.

                     TITLE I--AFFIDAVITS OF SUPPORT

SEC. 101. APPLICATION OF AFFIDAVITS OF SUPPORT TO MEANS-TESTED PUBLIC 
              BENEFITS.

    Section 213A, as amended by section 551(a) of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 1996, is 
amended--
            (1) in subsection (a)(1)(B), by striking ``subsection (e)'' 
        and inserting ``subsection (g)'';
            (2) in subsection (a)(3)(A), by striking ``Federal means-
        tested public benefit (as provided under section 403 of the 
        Personal Responsibility and Work Opportunity Reconciliation Act 
        of 1996)'' and inserting ``means-tested public benefit (as 
        defined in subsection (g))'';
            (3) in the last sentence of subsection (a)(3)(B), by 
        striking ``Federal means-tested public benefit (as provided 
        under section 403 of the Personal Responsibility and Work 
        Opportunity Reconciliation Act of 1996)'' and inserting 
        ``means-tested public benefit'';
            (4) in subsection (d)(2)(B), by striking ``any means-tested 
        public benefits (other than benefits described in section 
        401(b), 403(c)(2), or 411(b) of the Personal Responsibility and 
        Work Opportunity Reconciliation Act of 1996)'' and inserting 
        ``any benefit described in section 241(a)(5)(D)''; and
            (5) by inserting after subsection (f) the following new 
        subsection:
    ``(e) Means-Tested Public Benefit.--For purposes of this section--
            ``(1) In general.--Subject to paragraph (2), the term 
        `means-tested public benefit' means any public benefit 
        (including cash, medical, housing, food, and social services) 
        provided or funded in whole or in part by the Federal 
        Government, or of a State or political subdivision of a State, 
        in which the eligibility of an individual, household, or 
family eligibility unit for such benefit or the amount of such benefit, 
or both are determined on the basis of income, resources, or financial 
need of the individual, household, or unit.
            ``(2) Exceptions.--Such term does not include the following 
        benefits:
                    ``(A) Short-term noncash emergency disaster relief.
                    ``(B) Assistance or benefits under--
                            ``(i) the National School Lunch Act (42 
                        U.S.C. 1751 et seq.);
                            ``(ii) the Child Nutrition Act of 1966 (42 
                        U.S.C. 1771 et seq.);
                            ``(iii) section 4 of the Agriculture and 
                        Consumer Protection Act of 1973 (Public Law 93-
                        86; 7 U.S.C. 612c note);
                            ``(iv) the Emergency Food Assistance Act of 
                        1983 (Public Law 98-8; 7 U.S.C. 612c note);
                            ``(v) section 110 of the Hunger Prevention 
                        Act of 1988 (Public Law 100-435; 7 U.S.C. 612c 
                        note); and
                            ``(vi) the food distribution program on 
                        Indian reservations established under section 
                        4(b) of Public Law 88-525 (7 U.S.C. 2013(b)).
                    ``(C) Public health assistance for immunizations 
                and, if the Secretary of Health and Human Services 
                determines that it is necessary to prevent the spread 
                of a serious communicable disease, for testing and 
                treatment for such disease (which may not include 
                treatment for HIV infection or acquired immune 
                deficiency syndrome).
                    ``(D) Benefits under programs of student assistance 
                under titles IV, V, IX, and X of the Higher Education 
                Act of 1965 and titles III, VII, and VIII of the Public 
                Health Service Act.
                    ``(E) Benefits under any means-tested programs 
                under the Elementary and Secondary Education Act of 
                1965.
                    ``(F) Such other in-kind service or noncash 
                assistance (such as soup kitchens, crisis counseling, 
                intervention (including intervention for domestic 
                violence) and short-term, shelter) as the Attorney 
                General specifies, in the Attorney General's sole and 
                unreviewable discretion, after consultation with the 
                heads of appropriate Federal agencies, if--
                            ``(i) such service or assistance is 
                        delivered at the community level, including 
                        through public or private nonprofit agencies;
                            ``(ii) such service or assistance is 
                        necessary for the protection of life, safety, 
                        or public health; and
                            ``(iii) such service or assistance or the 
                        amount or cost of such service or assistance is 
                        not conditioned on the recipient's income or 
                        resources.''.

SEC. 102. INCREASING INCOME AS A PERCENTAGE OF POVERTY FOR AFFIDAVITS 
              OF SUPPORT.

    Section 213A, of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996, is amended--
            (1) in subsection (a)(1)(A), by striking ``125 percent'' 
        and inserting ``appropriate percentage (applicable to the 
        sponsor under subsection (f))'',
            (2) by amending subparagraph (E) of subsection (g)(1) to 
        read as follows:
                    ``(E) demonstrates (as provided in paragraph (6)) 
                the means to maintain an annual income equal to at 
                least 200 percent of the Federal poverty line (or in 
                the case of an affidavit for a spouse or minor child of 
                the petitioner 140 percent of the Federal poverty 
                line).'';
            (3) by amending paragraph (2) of subsection (g) to read as 
        follows:
            ``(2) Income requirement case.--Such term also includes an 
        individual who does not meet the requirement of paragraph 
        (1)(E) but demonstrates (as provided in paragraph (6)) the 
        means to maintain an annual income equal to at least 125 
        percent of the Federal poverty line and accepts joint and 
        several liability together with an individual under paragraph 
        (5).''; and
            (4) by amending paragraphs (4) and (5) of subsection (g) to 
        read as follows:
            ``(4) Certain employment-based immigrants case.--Such term 
        also includes an individual--
                    ``(A) who does not meet the requirement of 
                paragraph (1)(D), but is the relative of the sponsored 
                alien who filed a classification petition for the 
                sponsored alien as an employment-based immigrant under 
                section 203(b) or who has a significant ownership 
                interest in the entity that filed such a petition; and
                    ``(B)(i) who demonstrates (as provided under 
                paragraph (6)) the means to maintain an annual income 
                equal to at least 200 percent of the Federal poverty 
                line (or in the case of an affidavit for a spouse or 
                minor child of the petitioner 140 percent of the 
                Federal poverty line), or
                    ``(ii) does not meet the requirement of paragraph 
                (1)(E) but demonstrates (as provided in paragraph (6)) 
                the means to maintain an annual income equal to at 
                least 125 percent of the Federal poverty line and 
                accepts joint and several liability together with an 
                individual under paragraph (5).
            ``(5) Non-petitioning case.--Such term also includes an 
        individual who does not meet the requirement of paragraph 
        (1)(D) but who accepts joint and several liability with a 
        petitioning sponsor under paragraph (2) or relative of an 
        employment-based immigrant under paragraph (4) and who 
        demonstrates (as provided under paragraph (6)) the means to 
        maintain an annual income equal to at least 200 percent of the 
        Federal poverty line (or in the case of an affidavit for a 
        spouse or minor child of the petitioner 140 percent of the 
        Federal poverty line).'';
            (5) by striking clause (ii) of subsection (g)(6)(A) and 
        redesignating clause (iii) of such subsection as clause (ii).

                  TITLE II--PUBLIC CHARGE DEPORTATION

SEC. 201. GROUND FOR DEPORTATION.

    (a) Immigrants.--Section 241(a)(5) (8 U.S.C. 1251(a)(5)) is amended 
to read as follows:
            ``(5) Public charge.--
                    ``(A) In general.--
                            ``(i) Except as provided in subparagraph 
                        (B), an immigrant who during the public charge 
                        period becomes a public charge, regardless of 
                        when the cause for becoming a public charge 
                        arises, is deportable.
                            ``(ii) The immigrant shall be subject to 
                        deportation under this paragraph only if the 
                        deportation proceeding is initiated not later 
                        than the end of the 7-year period beginning on 
                        the last date the immigrant receives a benefit 
                        described in subparagraph (D) during the public 
                        charge period.
                    ``(B) Exceptions.--Subparagraph (A) shall not 
                apply--
                            ``(i) to an alien granted asylum under 
                        section 208;
                            ``(ii) to an alien admitted as a refugee 
                        under section 207; or
                            ``(iii) if the cause of the alien's 
                        becoming a public charge--
                                    ``(I) arose after entry in the case 
                                of an alien who entered as an immigrant 
                                or after adjustment to lawful permanent 
                                resident status in the case of an alien 
                                who entered as a nonimmigrant, and
                                    ``(II) was a physical illness or 
                                physical injury so serious the alien 
                                could not work at any job, or was a 
                                mental disability that required 
                                continuous institutionalization.
                    ``(C) Definitions.--
                            ``(i) Public charge period.--For purposes 
                        of subparagraph (A), the term `public charge 
                        period' means the period ending 7 years after 
                        the date on which the alien attains the status 
                        of an alien lawfully admitted for permanent 
                        residence (or attains such status on a 
                        conditional basis).
                            ``(ii) Public charge.--For purposes of 
                        subparagraph (A), the term `public charge' 
                        includes any alien who receives benefits 
                        described in subparagraph (D) for an aggregate 
                        period of at least 12 months or 36 months in 
                        the case of an alien described in subparagraph 
                        (E).
                    ``(D) Benefits described.--
                            ``(i) In general.--Subject to clause (ii), 
                        the benefits described in this subparagraph are 
                        means-tested public benefits defined under 
                        section 213A(g)(1).
                            ``(ii) Exceptions.--Benefits described in 
                        this subparagraph shall not include the 
                        following:
                                    ``(I) Any benefits to which the 
                                exceptions described in section 
                                213A(g)(2) apply.
                                    ``(II) Emergency medical assistance 
                                (as defined in subparagraph (F)).
                                    ``(III) Payments for foster care 
                                and adoption assistance under parts B 
                                and E of title IV of the Social 
                                Security Act made on the child's behalf 
                                under such part.
                                    ``(IV) Benefits under laws 
                                administered by the Secretary of 
                                Veterans Affairs and any other benefit 
                                available by reason of service in the 
                                United States Armed Forces.
                                    ``(V) Benefits under the Head Start 
                                Act.
                                    ``(VI) Benefits under the Job 
                                Training Partnership Act.
                                    ``(VII) Benefits under any English 
                                as a second language program.
                            ``(iii) Successor programs.--Benefits 
                        described in this subparagraph shall include 
                        any benefits provided under any successor 
                        program as identified by the Attorney General 
                        in consultation with other appropriate 
                        officials.
                    ``(E) Special rule for battered spouse and child.--
                Subject to the second sentence of this subparagraph, an 
                alien is described under this subparagraph if the alien 
                demonstrates that--
                            ``(i)(I) the alien has been battered or 
                        subjected to extreme cruelty in the United 
                        States by a spouse or a parent, or by a member 
                        of the spouse or parent's family residing in 
                        the same household as the alien and the spouse 
                        or parent consented or acquiesced to such 
                        battery or cruelty, or (II) the alien's child 
                        has been battered or subjected to extreme 
                        cruelty in the United States by a spouse or 
                        parent of the alien (without the active 
                        participation of the alien in the battery or 
                        cruelty), or by a member of the spouse or 
                        parent's family residing in the same household 
                        as the alien when the spouse or parent 
                        consented or acquiesced to and the alien did 
                        not actively participate in such battery or 
                        cruelty;
                            ``(ii) the need for benefits described in 
                        subparagraph (D) beyond an aggregate period of 
                        12 months has a substantial connection to the 
                        battery or cruelty described in clause (i); and
                            ``(iii) any battery or cruelty under clause 
                        (i) has been recognized in an order of a judge 
                        or an administrative law judge or a prior 
                        determination of the Service.
        An alien shall not be considered to be described under this 
        subparagraph during any period in which the individual 
        responsible for such battery or cruelty resides in the same 
        household or family eligibility unit as the individual 
        subjected to such battery or cruelty.
                    ``(F) Emergency medical assistance.--
                            ``(i) In general.--For purposes of 
                        subparagraph (C)(ii)(II), the term `emergency 
                        medical assistance' means medical assistance 
                        under title XIX of the Social Security Act (or 
                        any successor program to such title) for care 
                        and services that are necessary for the 
                        treatment of an emergency medical condition of 
                        the alien involved and are not related to an 
                        organ transplant procedure.
                    ``(ii) Emergency medical condition defined.--For 
                purposes of this subparagraph, the term `emergency 
                medical condition' means a medical condition (including 
                emergency labor and delivery) manifesting itself by 
                acute symptoms of sufficient severity (including severe 
                pain) such that the absence of immediate medical 
                attention could reasonably be expected to result in--
                            ``(I) placing the patient's health in 
                        serious jeopardy,
                            ``(II) serious impairment to bodily 
                        functions, or
                            ``(III) serious dysfunction of any bodily 
                        organ or part.''.
    (b) Exclusion and Deportation of Nonimmigrants Committing Fraud or 
Misrepresentation in Obtaining Benefits.--
            (1) Exclusion.--Section 212(a)(6)(C) (8 U.S.C. 
        1182(a)(6)(C)), as amended by section 344(a) of the Illegal 
        Immigration Reform and Immigrant Responsibility Act of 1996, is 
        amended--
                    (A) by redesignating clause (iii) as clause (iv), 
                and
                    (B) by inserting after clause (ii) the following 
                clause (iii):
                            ``(iii) Nonimmigrant public benefit 
                        recipients.--Any alien who was admitted as a 
                        nonimmigrant and who has obtained benefits for 
                        which the alien was ineligible, through fraud 
                        or misrepresentation, under Federal law is 
                        excludable for a period of 5 years from the 
                        date of the alien's departure from the United 
                        States.''.
            (2) Deportation.--Section 241(a)(1)(C) (8 U.S.C. 
        1251(a)(1)(C)) is amended by adding after clause (ii) the 
        following:
                            ``(iii) Nonimmigrant public benefit 
                        recipients.--Any alien who was admitted as a 
                        nonimmigrant and who has obtained through fraud 
                        or misrepresentation benefits for which the 
                        alien was ineligible under Federal law is 
                        deportable.''.
    (c) Ineligibility to Naturalization for Aliens Deportable as Public 
Charge.--
            (1) In general.--Chapter 2 of title III of the Act is 
        amended by inserting after section 315 the following new 
        section:

  ``ineligibility to naturalization for persons deportable as public 
                                 charge

    ``Sec. 315A. (a) A person shall not be naturalized if the person is 
deportable as a public charge under section 241(a)(5).
    ``(b) An applicant for naturalization shall provide a written 
attestation, under penalty of perjury, as part of the application for 
naturalization that the applicant is not deportable as a public charge 
under section 241(a)(5) to the best of the applicant's knowledge.
    ``(c) The Attorney General shall make a determination that each 
applicant for naturalization is not deportable as a public charge under 
section 241(a)(5).''.
            (2) Clerical amendment.--The table of contents is amended 
        by inserting after the item relating to section 315 the 
        following:

``Sec. 315A.  Ineligibility to naturalization for persons deportable as 
                            public charge''.
    (d) Effective Dates.--
            (1) Subsection (a).--
                    (A) In general.--Except as provided in this 
                paragraph, the amendment made by subsection (a) shall 
                apply only to aliens who obtain the status of an alien 
                lawfully admitted for permanent residence more than 30 
                days after the date of the enactment of this Act.
                    (B) Application to current aliens.--Such amendments 
                shall apply also to aliens who obtained the status of 
                an alien lawfully admitted for permanent residence less 
                than 30 days after the date of the enactment of this 
                Act, but only with respect to benefits received after 
                the 1-year period beginning on the date of enactment 
                and benefits received before such period shall not be 
                taken into account.
            (2) Subsection (b).--The amendments made by subsection (b) 
        shall take effect on the date of the enactment of this Act and 
        shall apply to fraud or misrepresentation committed before, on, 
        or after such date.
            (3) Subsection (c).--The amendments made by subsection (c) 
        shall take effect on the date of the enactment of this Act and 
        shall apply to applications submitted on or after 30 days after 
        the date of the enactment of this Act.

               TITLE III--ATTRIBUTION OF SPONSOR'S INCOME

SEC. 301. APPLICATION OF DEEMING TO CURRENT IMMIGRANTS.

    (a) In General.--Section 421 of the Personal Responsibility and 
Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1631), as amended 
by section 552 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996, is amended by adding at the end the 
following new subsection:
    ``(g) Application of Deeming to Current Immigrants.--
            (1) In general.--Subject to paragraph (2), for an alien for 
        whom an affidavit of support has been executed other than as 
        required under section 213A of the Immigration and Nationality 
        Act, the requirement of subsection (a) shall apply for a period 
        of 5 years beginning on the day such alien was provided lawful 
        permanent resident status after the execution of such affidavit 
        or agreement, but in no case after the date of naturalization 
        of the alien.
            (2) Exception.--Subsection (a) shall not apply and the 
        period of attribution of a sponsor's income and resources under 
        this subsection with respect to an alien shall terminate at 
        such time as an affidavit of support of such sponsor with 
        respect to the alien becomes no longer enforceable under 
        section 213A(a)(3) of the Immigration and Nationality Act.''.
    (b) Application.--
            (1) In general.--The amendment made by subsection (a) shall 
        apply with respect to determinations of eligibility and amount 
        of benefits for individuals for whom an application is filed on 
        or after the first day of the first month beginning more than 
        60 days after the date of the enactment of this Act.
            (2) Redeterminations.--Such amendment shall apply with 
        respect to any redetermination of eligibility and amount of 
        benefits occurring on or after the date determined under 
        paragraph (1).

  TITLE IV--INELIGIBILITY OF ILLEGAL ALIENS FOR PUBLIC ASSISTANCE AND 
                                BENEFITS

SEC. 401. AUTHORIZATION OF STATES TO DENY DRIVER'S LICENSES TO ILLEGAL 
              ALIENS.

    Any State is authorized to deny a driver's license to any alien who 
is not lawfully present in the United States.

SEC. 402. SOCIAL SECURITY BENEFITS.

    (a) No Crediting for Unauthorized Employment.--
            (1) In general.--Section 210 of the Social Security Act (42 
        U.S.C. 410) is amended by adding at the end the following new 
        subsection:

             ``Demonstration of Required Citizenship Status

    ``(s) For purposes of this title, service performed by an 
individual in the United States shall constitute `employment' only if 
it is demonstrated to the satisfaction of the Commissioner of Social 
Security that such service was performed by such individual while such 
individual was a citizen, a national, a permanent resident, or 
otherwise authorized to be employed in the United States in such 
service.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall apply with respect to services performed after December 
        31, 1996.
    (b) Trade or Business.--
            (1) In general.--Section 211 of such Act (42 U.S.C. 411) is 
        amended by adding at the end the following new subsection:

             ``Demonstration of Required Citizenship Status

    ``(j) For purposes of this title, a trade or business (as defined 
in subsection (c)) carried on in the United States by any individual 
shall constitute a `trade or business' only if it is demonstrated to 
the satisfaction of the Commissioner of Social Security that such trade 
or business (as so defined) was carried on by such individual while 
such individual was a citizen, a national, a permanent resident, or 
otherwise lawfully present in the United States carrying on such trade 
or business.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall apply with respect to any trade or business carried on 
        after December 31, 1996.
    (c) Construction.--Nothing in the amendments made by this section 
shall be construed to affect the application of chapter 2 or chapter 21 
of the Internal Revenue Code of 1986.

SEC. 403. DENIAL OF TREATMENT OF HIV INFECTION FOR ILLEGAL ALIENS.

    Section 401(b)(1)(C) of the Personal Responsibility and Work 
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1611(b)(1)(C)) is 
amended by inserting ``(which may not include treatment for HIV 
infection or acquired immune deficiency syndrome)'' before the period 
at the end.

 TITLE V--ENHANCED VERIFICATION OF ELIGIBILITY BASED ON CITIZENSHIP OR 
                           IMMIGRATION STATUS

SEC. 501. REQUIRING PROOF OF IDENTITY FOR CERTAIN PUBLIC ASSISTANCE.

    (a) Revision of SAVE Program.--
            (1) In general.--Paragraph (2) of section 1137(d) of the 
        Social Security Act (42 U.S.C. 1320b-7(d)) is amended to read 
        as follows:
            ``(2) There must be presented the item (or items) described 
        in one of the following subparagraphs for that individual:
                    ``(A) A United States passport (either current or 
                expired if issued both within the previous 12 years and 
                after the individual attained 18 years of age).
                    ``(B) A resident alien card or an alien 
                registration card, if the card (i) contains a 
                photograph of the individual and (ii) contains security 
                features to make it resistant to tampering, 
                counterfeiting, and fraudulent use.
                    ``(C) A driver's license or similar document issued 
                for the purpose of identification by a State, if it 
                contains a photograph of the individual.
                    ``(D) If the individual attests to being a citizen 
                or national of the United States and that the 
                individual does not have other documentation under this 
                paragraph (under penalty of perjury), such other 
                documents or evidence that identify the individual as 
                the Attorney General may designate as constituting 
                reasonable evidence indicating United States 
                citizenship or nationality.''.
            (2) Temporary eligibility for benefits.--Section 1137(d) of 
        such Act is further amended by adding after paragraph (5) the 
        following new paragraph (6):
            ``(6) If at the time of application for benefits, the 
        documentation under paragraph (2) is not presented or verified, 
        such benefits may be provided to the applicant for not more 
        than 2 months, if--
                    ``(A) the applicant provides a written attestation 
                (under penalty of perjury) that the applicant is a 
                citizen or national of the United States, or
                    ``(B) the applicant provides documentation 
                certified by the Department of State or the Department 
                of Justice, which the Attorney General determines 
                constitutes reasonable evidence indicating satisfactory 
                immigration status.''.
            (3) Conforming amendments.--Section 1137(d) of such Act is 
        further amended in paragraph (3), by striking ``(2)(A) is 
        presented'' and inserting ``(2)(B) is presented and contains 
        the individual's alien admission number or alien file number 
        (or numbers if the individual has more than one number)''.
    (b) SSI.--Section 1631(e) of such Act (42 U.S.C. 1383(e)(7)) is 
amended by adding at the end the following new paragraph:
    ``(8) The Commissioner of Social Security shall provide for the 
application under this title of rules similar to the requirements of 
section 1137(d), insofar as they apply to the verification of 
immigration or citizenship status for eligibility for supplemental 
security income benefits under this title.''.
    (c) Revision in Procedures for Proof of Citizenship.--Section 
432(a)(2) of the Personal Responsibility and Work Opportunity 
Reconciliation Act of 1996 (8 U.S.C. 1642(a)(2)), as added by section 
504(2) of the Illegal Immigration Reform and Immigrant Responsibility 
Act of 1996, is amended by striking all that follows ``citizenship'' up 
to the period at the end.
    (d) Effective Date.--
            (1) In general.--This section shall apply to application 
        for benefits filed on or after such date as the Attorney 
        General specifies in regulations under paragraph (2). Such date 
        shall be at least 60 days, and not more than 90 days, after the 
        date the Attorney General first issues such regulations.
            (2) Regulations.--The Attorney General (in consultation 
        with the heads of other appropriate agencies) shall first issue 
        regulations to carry out this section (and the amendments made 
        by this section) not later than 180 days after the date of the 
        enactment of this Act. Such regulations shall be effective on 
        an interim basis, pending change after opportunity for public 
        comment.

SEC. 502. AUTHORIZATION FOR STATES TO REQUIRE PROOF OF ELIGIBILITY FOR 
              STATE PROGRAMS.

    (a) In General.--In carrying out this title (and the amendments 
made by this title), subject to section 510, a State or political 
subdivision is authorized to require an applicant for benefits under a 
program of a State or political subdivision to provide proof of 
eligibility consistent with the provisions of this title.
    (b) Effective Date.--This section shall take effect on the date of 
the enactment of this Act.

SEC. 503. NO VERIFICATION REQUIREMENT FOR NONPROFIT CHARITABLE 
              ORGANIZATIONS.

    Subsection (d) of section 432 of the Personal Responsibility and 
Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1642(d)), as 
added by section 508 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996, is amended to read as follows:
    ``(d) No Verification Requirement for Nonprofit Charitable 
Organizations.--
            ``(1) In general.--Subject to paragraph (2) and 
        notwithstanding any other provision of this title, a nonprofit 
        charitable organization, in providing any Federal public 
        benefit (as defined in section 401(c)) or any State or local 
        public benefit (as defined in section 411(c)), but not 
        including any hospital benefit, as defined by the Attorney 
        General in consultation with Secretary of Health and Human 
        Services) is not required to determine, verify, or otherwise 
        require proof of eligibility of any applicant for such 
        benefits.
            ``(2) Requirement of state or federal determination of 
        eligibility.--
                    ``(A) In General.--Except as provided in 
                subparagraph (C), in order for a nonprofit charitable 
                organization to provide to an applicant any benefit to 
                which paragraph (1) applies, the organization shall 
                obtain the following:
                            ``(i) In the case of a citizen or national 
                        of the United States, a written attestation 
                        (under penalty of perjury) that the applicant 
                        is a citizen or national of the United States.
                            ``(ii) In the case of an alien and subject 
                        to subparagraph (B), written verification, from 
                        an appropriate State or Federal agency, of the 
                        applicant's eligibility for assistance or 
                        benefits and the amount of assistance or 
                        benefits for which the applicant is eligible.
                    ``(B) No notification within 10 days.--If the 
                organization is not notified within 10 business days 
                after a request of an appropriate State or Federal 
                agency for verification under subparagraph (A)(i), the 
                requirement under subparagraph (A) shall not apply to 
                any benefit to which paragraph (1) applies provided to 
                such applicant by the organization until 30 calendar 
                days after such notification is received.
                    ``(C) Limitations.--
                            ``(i) Private funds.--The requirement under 
                        subparagraph (A) shall not apply to assistance 
                        or benefits provided through private funds.
                            ``(ii) Section 401 excepted benefits.--The 
                        requirement under subparagraph (A) shall not 
                        apply to assistance or benefits described in 
                        section 401(b) which are not subject to the 
                        limitations of section 401(a).
                    ``(D) Administration.--
                            ``(i) In general.--The Attorney General 
                        shall through regulation provide for an 
                        appropriate procedure for the verification 
                        required under subparagraph (A)(ii).
                            ``(ii) Time period for response.-- The 
                        appropriate State or Federal agencies shall 
                        provide for a response to a request for 
                        verification under subparagraph (A)(ii) of an 
                        applicant's eligibility under section 401(a) 
                        and the amount of eligibility under section 421 
                        (or comparable provisions of State law as 
                        authorized under section 422) not later than 10 
                        business days after the date the request is 
                        made.
                            ``(iii) Recordkeeping.--If the Attorney 
                        General determines that recordkeeping is 
                        required for the purposes of this subsection, 
                        the Attorney General may require that such a 
                        record be maintained for not more than 90 
                        days.''.

SEC. 504. VERIFICATION OF STUDENT ELIGIBILITY FOR POSTSECONDARY FEDERAL 
              STUDENT FINANCIAL ASSISTANCE.

    No student shall be eligible for postsecondary Federal student 
financial assistance unless--
            (1) the student has certified that the student is a citizen 
        or national of the United States or an alien lawfully admitted 
        for permanent residence, and
            (2) the Secretary of Education has verified such 
        certification.

                      TITLE VI--HOUSING ASSISTANCE

SEC. 601. SHORT TITLE; SUPERSEDING OF OTHER PROVISIONS.

    (a) Short Title.--This subtitle may be cited as the ``Use of 
Assisted Housing by Aliens Act of 1996''.
    (b) Superseding Other Provisions.--The provisions of subtitle E of 
title V of the Illegal Immigration Reform and Immigrant Responsibility 
Act of 1996 are repealed and the provisions of law amended by such 
subtitle are restored as they were in effect before the date of the 
enactment of such Act. The amendments made by this subtitle shall be 
executed after the restoration made by the previous sentence.

SEC. 602. PRORATING OF FINANCIAL ASSISTANCE.

    Section 214(b) of the Housing and Community Development Act of 1980 
(42 U.S.C. 1436a(b)) is amended--
            (1) by inserting ``(1)'' after ``(b)''; and
            (2) by adding at the end the following new paragraph:
    ``(2) If the eligibility for financial assistance of at least one 
member of a family has been affirmatively established under the program 
of financial assistance and under this section, and the eligibility of 
one or more family members has not been affirmatively established under 
this section, any financial assistance made available to such family by 
the Secretary of Housing and Urban Development shall be prorated, based 
on the number of individuals in the family for whom eligibility has 
been affirmatively established under the program of financial 
assistance and under this section, as compared with the total number of 
individuals who are members of the family.''.

SEC. 603. ACTIONS IN CASES OF TERMINATION OF FINANCIAL ASSISTANCE.

    (a) In General.--Section 214(c)(1) of the Housing and Community 
Development Act of 1980 (42 U.S.C. 1436a(c)(1)) is amended--
            (1) in the matter preceding subparagraph (A)--
                    (A) by striking ``on the date of the enactment of 
                the Housing and Community Development Act of 1987''; 
                and
                    (B) by striking ``may, in its discretion,'' and 
                inserting ``shall'';
            (2) in subparagraph (A), by adding at the end the following 
        new sentence: ``Financial assistance continued under this 
        subparagraph for a family shall be provided only on a prorated 
        basis under which the amount of financial assistance is based 
        on the percentage of the total number of members of the family 
        that are eligible for such assistance under the program for 
        financial assistance and under this section.''; and
            (3) by striking subparagraph (B), and inserting the 
        following new subparagraph:
            ``(B) Defer the termination of financial assistance, if 
        necessary to permit the orderly transition of the individual 
        and any family members involved to other housing, subject to 
        the following requirements:
                    ``(i) Except as provided in clause (ii), any 
                deferral under this subparagraph shall be for a single 
                3-month period.
                    ``(ii) The time period referred to in clause (i) 
                shall not apply in the case of a refugee under section 
                207 of the Immigration and Nationality Act or an 
                individual seeking asylum under section 208 of such 
                Act.''.
    (b) Scope of Application.--
            (1) In general.--The amendment made by subsection (a)(3) 
        shall apply to any deferral granted under section 214(c)(1)(B) 
        of the Housing and Community Development Act of 1980 on or 
        after the date of the enactment of this Act.
            (2) Treatment of deferrals and renewals granted before 
        enactment.--In the case of any deferral which was granted or 
        renewed under section 214(c)(1)(B) of the Housing and Community 
        Development Act of 1980 before the date of the enactment of 
        this Act--
                    (A) if the deferral or renewal expires before the 
                expiration of the 3-month period beginning upon such 
                date of enactment, the deferral or renewal may, upon 
                expiration of the deferral period, be renewed for not 
                more than a single additional 3-month period; and
                    (B) if the deferral or renewal expires on or after 
                the expiration of such 3-month period, the deferral or 
                renewal may not be renewed or extended.

SEC. 604. VERIFICATION OF IMMIGRATION STATUS AND ELIGIBILITY FOR 
              FINANCIAL ASSISTANCE.

    (a) In General.--Section 214(d) of the Housing and Community 
Development Act of 1980 (42 U.S.C. 1436a(d)) is amended--
            (1) by striking the matter preceding paragraph (1) and 
        inserting the following:
    ``(d) No individual applying for financial assistance shall receive 
such financial assistance before the affirmative establishment and 
verification of the eligibility of the individual under this subsection 
by the Secretary or other appropriate entity, and the following 
conditions shall apply with respect to financial assistance being or to 
be provided for the benefit of an individual:'';
            (2) in paragraph (1)--
                    (A) in subparagraph (A), by adding at the end the 
                following: ``If the declaration states that the 
                individual is not a citizen or national of the United 
                States and the individual is younger than 62 years of 
                age, the declaration shall be verified by the 
                Immigration and Naturalization Service.'';
                    (B) by striking subparagraph (B) and inserting the 
                following new subparagraph:
            ``(B) In the case of any individual who is younger than 62 
        years of age and is receiving or applying for financial 
        assistance, there must be presented the item (or items) 
        described in one of the following subparagraphs for that 
        individual:
                    ``(i) A United States passport (either current or 
                expired if issued both within the previous 20 years and 
                after the individual attained 18 years of age).
                    ``(ii) A resident alien card or an alien 
                registration card, if the card (i) contains a 
                photograph of the individual and (ii) contains security 
                features to make it resistant to tampering, 
                counterfeiting, and fraudulent use.
                    ``(iii) A driver's license or similar document 
                issued for the purpose of identification by a State, if 
                it contains a photograph of the individual.
                    ``(iv) If the individual attests to being a citizen 
                or national of the United States and the individual 
                does not have other documentation under this paragraph, 
                such other documents or evidence that identify the 
                individual, as the Attorney General may designate as 
                constituting reasonable evidence indicating United 
                States citizenship.''.
            (3) by striking paragraph (2) and inserting the following 
        new paragraph:
        ``(2) In the case of an individual who is not a citizen or 
        national of the United States, is not 62 years of age or older, 
        and is applying for financial assistance, the Secretary may not 
        provide such assistance for the benefit of the individual 
        before such documentation is presented and verified under 
        paragraph (3) or (4).'';
            (4) in paragraph (3), by striking ``(2)(A) is presented'' 
        and inserting ``(1)(B)(ii) is presented and contains the 
        individual's alien admission number or alien file number (or 
        numbers if the individual has more than one number)''
            (5) in paragraph (4)--
                    (A) in the matter preceding subparagraph (A)--
                            (i) by striking ``on the date of the 
                        enactment of the Housing and Community 
                        Development Act of 1987'' and inserting ``or 
                        applying for financial assistance'';
                            (ii) by striking ``paragraph (2)'' and 
                        inserting ``paragraph (1)(B)(ii)''; and
                            (iii) by striking ``paragraph (2)(A)'' and 
                        inserting ``paragraph (1)(B)(ii)'';
                    (B) in subparagraph (A)--
                            (i) in clause (i)--
                                    (I) by inserting ``, not to exceed 
                                30 days,'' after ``reasonable 
                                opportunity''; and
                                    (II) by striking ``and'' at the 
                                end; and
                            (ii) by striking clause (ii) and inserting 
                        the following new clauses:
                            ``(ii) in the case of any individual who is 
                        receiving assistance, may not delay, deny, 
                        reduce, or terminate the individual's 
                        eligibility for financial assistance on the 
                        basis of the individual's immigration status 
                        until such 30-day period has expired, and
                            ``(iii) in the case of any individual who 
                        is applying for financial assistance, may not 
                        deny the application for such assistance on the 
                        basis of the individual's immigration status 
                        until such 30-day period has expired; and''; 
                        and
                  (C) in subparagraph (B), by striking clauses (i) and 
                (ii) and inserting the following new clauses:
                            ``(i) the Secretary shall transmit to the 
                        Immigration and Naturalization Service either 
                        photostatic or other similar copies of such 
                        documents, or information from such documents, 
                        as specified by the Immigration and 
                        Naturalization Service, for official 
                        verification,
                            ``(ii) pending such verification or appeal, 
                        the Secretary may not--
                                    ``(I) in the case of any individual 
                                who is receiving assistance, delay, 
                                deny, reduce, or terminate the 
                                individual's eligibility for financial 
                                assistance on the basis of the 
                                individual's immigration status, and
                                    ``(II) in the case of any 
                                individual who is applying for 
                                financial assistance, deny the 
                                application for such assistance on the 
                                basis of the individual's immigration 
                                status, and'';
            (6) in paragraph (5), by striking all that follows 
        ``satisfactory immigration status'' and inserting the 
        following: ``, the Secretary shall--
                    ``(A) deny the individual's application for 
                financial assistance or terminate the individual's 
                eligibility for financial assistance, as the case may 
                be,
                    ``(B) provide the individual with written notice of 
                the determination under this paragraph, which in the 
                case of an individual who is receiving financial 
                assistance shall also notify the individual of the 
                opportunity for a hearing under subparagraph (C), and
                    ``(C) in the case of an individual who is receiving 
                financial assistance and requests a hearing under this 
                subparagraph, provide a hearing within 5 days of 
                receipt of the notice under subparagraph (B), at which 
                hearing the individual may produce the documentation of 
                immigration status required under this subsection or 
                the reasons for the termination shall be explained and 
                the individual shall be notified of his or her 
                eligibility for deferral under subsection (c)(1)(B).'';
            (7) by striking paragraph (6) and inserting the following 
        new paragraph:
            ``(6) The Secretary shall terminate the eligibility for 
        financial assistance of an individual and the members of the 
        household of the individual, for a period of not less than 24 
        months, upon determining that such individual has knowingly 
        permitted another individual who is not eligible for such 
        assistance to use the assistance (including residence in the 
        unit receiving the assistance). This provision shall not apply 
        to a family if the ineligibility of the ineligible individual 
        at issue was considered in calculating any proration under this 
        section of assistance provided for the family.''; and
            (8) by striking the matter following paragraph (6) and 
        inserting the following new paragraphs:
            ``(7) An owner of housing receiving financial assistance--
                    ``(A) may initiate procedures to affirmatively 
                establish or verify the eligibility of an individual or 
                family under this section at any time at which the 
                owner determines that such eligibility is in question, 
                regardless of whether or not the individual or family 
                is at or near the top of the waiting list for the 
                housing;
                    ``(B) shall affirmatively establish or verify the 
                eligibility of an individual or family under this 
                section in accordance with the procedures set forth in 
                section 274A(b)(1) of the Immigration and Nationality 
                Act; and
                    ``(C) shall have access to any relevant information 
                contained in the SAVE system (or any successor thereto) 
                that relates to any individual or family applying for 
                financial assistance.
        For purposes of this paragraph, the term `owner' includes any 
        public housing agency (as such term is defined in section 3 of 
        the United States Housing Act of 1937). For purposes of this 
        paragraph, when used in reference to a family, the term 
        `eligibility' means the eligibility of each member of the 
        family.
            ``(8) For purposes of this subsection, the following 
        definitions shall apply:
                    ``(A) The term `satisfactory immigration status' 
                means an immigration status which does not make the 
                individual ineligible for financial assistance.
                    ``(B) The term `Secretary' means the Secretary of 
                Housing and Urban Development, a public housing agency, 
                or another entity that determines the eligibility of an 
                individual for financial assistance.''.
    (b) Effective Date.--
            (1) In general.--Notwithstanding section 576 of this Act, 
        the amendment made by subsection (a)(2)(B) of this section 
        shall apply to application for benefits filed on or after such 
        date as the Attorney General specifies in regulations under 
        paragraph (2) of this subsection. Such date shall be at least 
        60 days, and not more than 90 days, after the date the Attorney 
        General first issues such regulations.
            (2) Regulations.--The Attorney General (in consultation 
        with the heads of other appropriate agencies) shall first issue 
        regulations to carry out the amendment made by subsection 
        (a)(2)(B) of this section not later than 180 days after the 
        date of the enactment of this Act. Such regulations shall be 
        effective on an interim basis, pending change after opportunity 
        for public comment.

SEC. 605. PROHIBITION OF SANCTIONS AGAINST ENTITIES MAKING FINANCIAL 
              ASSISTANCE ELIGIBILITY DETERMINATIONS.

    Section 214(e) of the Housing and Community Development Act of 1980 
(42 U.S.C. 1436a(e)) is amended--
            (1) in paragraph (2), by inserting ``or'' after the comma 
        at the end;
            (2) in paragraph (3), by inserting after ``, or'' at the 
        end the following: ``the response from the Immigration and 
        Naturalization Service to the appeal of such individual.''; and
            (3) by striking paragraph (4).

SEC. 606. REGULATIONS.

    (a) Issuance.--Not later than the expiration of the 60-day period 
beginning on the date of the enactment of this Act, the Secretary of 
Housing and Urban Development shall issue any regulations necessary to 
implement the amendments made by this subtitle. Such regulations shall 
be issued in the form of an interim final rule, which shall take effect 
upon issuance and shall not be subject to the provisions of section 533 
of title 5, United States Code, regarding notice or an opportunity for 
comment.
    (b) Failure To Issue.--If the Secretary fails to issue the 
regulations required under subsection (a) before the expiration of the 
period referred to in such subsection, the regulations relating to 
restrictions on assistance to noncitizens, contained in the final rule 
issued by the Secretary of Housing and Urban Development in RIN 2501-
AA63 (Docket No. R-95-1409; FR-2383-F-050), published in the Federal 
Register of March 20, 1995 (Vol. 60., No. 53; pp. 14824-14861), shall 
not apply after the expiration of such period.

SEC. 607. REPORT ON HOUSING ASSISTANCE PROGRAMS.

    Not later than 90 days after the date of the enactment of this Act, 
the Secretary of Housing and Urban Development shall submit a report to 
the Committee on the Judiciary and the Committee on Banking, Housing, 
and Urban Affairs of the Senate, and the Committee on the Judiciary and 
the Committee on Banking and Financial Services of the House of 
Representatives, describing the manner in which the Secretary is 
enforcing section 214 of the Housing and Community Development Act of 
1980 and containing statistics with respect to the number of 
individuals denied financial assistance under such section.

                  TITLE VII--MISCELLANEOUS PROVISIONS

SEC. 701. UNEMPLOYMENT BENEFITS.

    (a) Elimination of Crediting Employment Merely on Basis of PRUCOL 
Status.--Section 3304(a)(14)(A) of the Internal Revenue Code of 1986 is 
amended--
            (1) by striking ``, was lawfully'' and inserting ``or was 
        lawfully'', and
            (2) by striking ``, or was permanently'' and all that 
        follows up to the comma at the end.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply with respect to certifications of States for 1998 and subsequent 
years, or for 1999 and subsequent years in the case of States the 
legislatures of which do not meet in a regular session which closes in 
the calendar year 1997.
    (c) Report.--The Secretary of Labor, in consultation with the 
Attorney General, shall provide for a study of the impact of limiting 
eligibility for unemployment compensation only to individuals who are 
citizens or nationals of the United States or qualified aliens (as 
defined in section 431(b) of the Personal Responsibility and Work 
Opportunity Reconciliation Act of 1996, 8 U.S.C. 1641(b))). Not later 
than 2 years after the date of the enactment of this Act, the Secretary 
shall submit a report on such study to the Committee on the Judiciary 
and the Committee on Labor and Human Resources of the Senate and the 
Committee on the Judiciary and the Committee on Economic and 
Educational Opportunities of the House of Representatives.

SEC. 702. REPEAL OF FOOD STAMP TRANSITION PROVISION.

    Section 510 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 is repealed and the provisions of law, as 
amended by subsection section, are restored as if such section had not 
been enacted.

SEC. 703. COMPUTATION OF TARGETED ASSISTANCE.

    (a) In General.--Section 412(c)(2) (8 U.S.C. 1522(c)(2)) is amended 
by adding at the end the following new subparagraph:
    ``(C) All grants made available under this paragraph for a fiscal 
year (other than the Targeted Assistance Ten Percent Discretionary 
Program) shall be allocated by the Office of Resettlement in a manner 
that ensures that each qualifying county shall receive the same amount 
of assistance for each refugee and entrant residing in the county as of 
the beginning of the fiscal year who arrived in the United States not 
more than 60 months prior to such fiscal year.''.
    (b) Effective Date.--The amendment made by subsection (a) shall be 
effective for fiscal years after fiscal year 1996.

SEC. 704. ADDITION TO REPORTS.

    Section 565 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 is amended by adding at the end the 
following:
            ``(4) Verifications of eligibility.--The number of 
        situations in which a Federal or State agency fails to respond 
        within 10 days to a request for verification of eligibility 
        under section 432(d)(2) of the Personal Responsibility and Work 
        Opportunity Reconciliation Act of 1996, including the reasons 
        for, and the circumstances of, each such failure.''.

                     TITLE VIII--GENERAL PROVISIONS

SEC. 801. EFFECTIVE DATES.

    Except as provided in this Act, this Act and the amendments made by 
this Act shall take effect on the date of the enactment of this Act.

SEC. 802. NOT APPLICABLE TO FOREIGN ASSISTANCE.

    This Act does not apply to any Federal, State, or local 
governmental program, assistance, or benefits provided to an alien 
under any program of foreign assistance as determined by the Secretary 
of State in consultation with the Attorney General.

SEC. 803. NOTIFICATION.

    (a) In general.--Each agency of the Federal Government or a State 
or political subdivision that administers a program affected by the 
provisions of this Act, shall, directly or through the States, provide 
general notification to the public and to program recipients of the 
changes regarding eligibility for any such program pursuant to this 
Act.
    (b) Failure to give notice.--Nothing in this section shall be 
construed to require or authorize continuation of eligibility if the 
notice under this section is not provided.

SEC. 804. DEFINITIONS.

    Except as otherwise provided in this Act, for purposes of this 
Act--
            (1) the terms ``alien'', ``Attorney General'', 
        ``national'', ``naturalization'', ``State'', and ``United 
        States'' shall have the meaning given such terms in section 
        101(a) of the Immigration and Nationality Act; and
            (2) the term ``child'' shall have the meaning given such 
        term in section 101(c) of the Immigration and Nationality Act.
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