[Congressional Record Volume 142, Number 56 (Monday, April 29, 1996)]
[Senate]
[Pages S4327-S4358]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         ADDITIONAL COSPONSORS


                                 S. 684

  At the request of Mr. Hatfield, the name of the Senator from Vermont 
[Mr. Jeffords] was added as a cosponsor of S. 684, a bill to amend the 
Public Health Service Act to provide for programs of research regarding 
Parkinson's disease, and for other purposes.


                                S. 1189

  At the request of Mr. DeWine, the name of the Senator from Kentucky 
[Mr. Ford] was added as a cosponsor of S. 1189, a bill to provide 
procedures for claims for compassionate payments with regard to 
individuals with blood-clotting disorders, such as hemophilia, who 
contracted human immunodeficiency virus due to contaminated blood 
products.


                                S. 1483

  At the request of Mr. Kyl, the name of the Senator from Texas [Mrs. 
Hutchison] was added as a cosponsor of S. 1483, a bill to control 
crime, and for other purposes.


                                S. 1493

  At the request of Mr. Lautenberg, the name of the Senator from 
Minnesota [Mr. Grams] was added as a cosponsor of S. 1493, a bill to 
amend title 18, United States Code, to prohibit certain interstate 
conduct relating to exotic animals.
  At the request of Mr. Graham, his name was added as a cosponsor of S. 
1493, supra.


                                S. 1578

  At the request of Mr. Frist, the names of the Senator from Kentucky 
[Mr. Ford], the Senator from Connecticut [Mr. Dodd], the Senator from 
Wyoming [Mr. Simpson], and the Senator from South Dakota [Mr. Pressler] 
were added as cosponsors of S. 1578, a bill to amend the Individuals 
with Disabilities Education Act to authorize appropriations for fiscal 
years 1997 through 2002, and for other purposes.


                                S. 1592

  At the request of Mr. Lautenberg, the name of the Senator from Hawaii 
[Mr. Inouye] was added as a cosponsor of S. 1592, a bill to strike the 
prohibition on the transmission of abortion-related matters, and for 
other purposes.


                                S. 1629

  At the request of Mr. Stevens, the names of the Senator from Virginia 
[Mr. Warner], the Senator from Mississippi [Mr. Lott], and the Senator 
from Arizona [Mr. McCain] were added as cosponsors of S. 1629, a bill 
to protect the rights of the States and the people from abuse by the 
Federal Government; to strengthen the partnership and the 
intergovernmental relationship between State and Federal governments; 
to restrain Federal agencies from exceeding their authority; to enforce 
the tenth amendment to the Constitution; and for other purposes.


                                S. 1652

  At the request of Mr. McConnell, the name of the Senator from New 
York [Mr. D'Amato] was added as a cosponsor of S. 1652, a bill to amend 
the Juvenile Justice and Delinquency Prevention Act of 1974 to 
establish a national resource center and clearinghouse to carry out 
training of State and local law enforcement personnel to more 
effectively respond to cases involving missing or exploited children, 
and for other purposes.


                                S. 1675

  At the request of Mr. Gramm, the names of the Senator from Arizona 
[Mr. McCain] and the Senator from South Carolina [Mr. Thurmond] were 
added as cosponsors of S. 1675, a bill to provide for the nationwide 
tracking of convicted sexual predators, and for other purposes.


                    Senate Concurrent Resolution 41

  At the request of Mr. Inouye, the name of the Senator from 
Massachusetts [Mr. Kerry] was added as a cosponsor of Senate Concurrent 
Resolution 41, a concurrent resolution expressing the sense of the 
Congress that The George Washington University is important to the 
Nation and urging that the importance of the University be recognized 
and celebrated through regular ceremonies.


                         Senate Resolution 226

  At the request of Mr. Domenici, the names of the Senator from 
Louisiana [Mr. Johnston], the Senator from Michigan [Mr. Abraham], and 
the Senator from Kansas [Mr. Dole] were added as cosponsors of Senate 
Resolution 226, a resolution to proclaim the week of October 13 through 
October 19, 1996, as ``National Character Counts Week.''


                         Senate Resolution 250

  At the request of Mr. Brown, the name of the Senator from 
Massachusetts [Mr. Kerry] was added as a cosponsor of Senate Resolution 
250, a resolution expressing the sense of the Senate regarding tactile 
currency for the blind and visually impaired.

[[Page S4328]]



                          AMENDMENTS SUBMITTED

                                 ______


    THE IMMIGRATION CONTROL AND FINANCIAL RESPONSIBILITY ACT OF 1996

                                 ______


                    SNOWE AMENDMENTS NOS. 3747--3748

  (Ordered to lie on the table.)
  Ms. SNOWE submitted two amendments intended to be proposed by her to 
amendment No. 3743 proposed by Mr. Simpson to the bill (S. 1664) to 
amend the Immigration and Nationality Act to increase control over 
immigration to the United States by increasing border patrol and 
investigative personnel and detention facilities, improving the system 
used by employers to verify citizenship or work-authorized alien 
status, increasing penalties for alien smuggling and document fraud, 
and reforming asylum, exclusion, and deportation law and procedures; to 
reduce the use of welfare by aliens; and for other purposes; as 
follows:

                           Amendment No. 3747

       At the end of the matter proposed to be inserted by the 
     amendment, insert the following:

                  TITLE III--MISCELLANEOUS PROVISIONS

     SEC. 301. REPORT ON ALLEGATIONS OF HARASSMENT BY CANADIAN 
                   CUSTOMS AGENTS.

       (a) Study and Review.--
       (1) Not later than 30 days after the enactment of this Act, 
     the Commissioner of the United States Customs Service shall 
     initiate a study of allegations of harassment by Canadian 
     Customs agents for the purpose of deterring cross-border 
     commercial activity along the United States-New Brunswick 
     border. Such study shall include a review of the possible 
     connection between any incidents of harassment with the 
     discriminatory imposition of the New Brunswick Provincial 
     Sales Tax (PST) tax on goods purchased in the United States 
     by New Brunswick residents, and with any other activities 
     taken by the Canadian provincial and federal governments to 
     deter cross-border commercial activities.
       (2) In conducting the study in subparagraph (1), the 
     Commissioner shall consult with representatives of the State 
     of Maine, local governments, local businesses, and any other 
     knowledgeable persons that the Commissioner deems important 
     to the completion of the study.
       (b) Report.--Not later than 120 days after enactment of 
     this Act, the Commissioner of the United States Customs 
     Service shall submit to Congress a report of the study and 
     review detailed in subsection (a). The report shall also 
     include recommendations for steps that the U.S. government 
     can take to help end harassment by Canadian Customs agents 
     found to have occurred.
                                                                    ____


                           Amendment No. 3748

       At the end of the matter proposed to be inserted by the 
     amendment, insert the following:

                  TITLE III--MISCELLANEOUS PROVISIONS

     SEC. 301. SENSE OF CONGRESS ON THE DISCRIMINATORY APPLICATION 
                   OF THE NEW BRUNSWICK PROVINCIAL SALES TAX.

       (a) Findings.--The Congress finds that--
       (1) in July 1993, Canadian Customs officers began 
     collecting an 11% New Brunswick Provincial Sales Tax (PST) 
     tax on goods purchased in the United States by New Brunswick 
     residents, an action that has caused severe economic harm to 
     U.S. businesses located in proximity to the border with New 
     Brunswick;
       (2) this impediment to cross-border trade compounds the 
     damage already done from the Canadian government's imposition 
     of a 7% tax on all goods bought by Canadians in the United 
     States;
       (3) collection of the New Brunswick Provincial Sales Tax on 
     goods purchased outside of New Brunswick is collected only 
     along the U.S.-Canadian border--not along New Brunswick's 
     borders with other Canadian provinces--thus being 
     administered by Canadian authorities in a manner uniquely 
     discriminatory to Canadians shopping in the United States;
       (4) in February 1994, the U.S. Trade Representative (USTR) 
     publicly stated an intention to seek redress from the 
     discriminatory application of the PST under the dispute 
     resolution process in Chapter 20 of the North American Free 
     Trade Agreement (NAFTA), but the United States Government has 
     still not made such a claim under NAFTA procedures; and
       (5) initially, the USTR argued that filing a PST claim was 
     delayed only because the dispute mechanism under NAFTA had 
     not yet been finalized, but more than a year after such 
     mechanism has been put in place, the PST claim has still not 
     been put forward by the USTR.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the Provincial Sales Tax levied by the Canadian 
     Province of New Brunswick on Canadian citizens of that 
     province who purchase goods in the United States violates the 
     North American Free Trade Agreement in its discriminatory 
     application to cross-border trade with the United States and 
     damages good relations between the United States and Canada; 
     and
       (2) the United States Trade Representative should move 
     forward without further delay in seeking redress under the 
     dispute resolution process in Chapter 20 of the North 
     American Free Trade Agreement for the discriminatory 
     application of the New Brunswick Provincial Sales Tax on 
     U.S.-Canada cross-border trade.
                                 ______


             ABRAHAM (AND OTHERS) AMENDMENTS NOS. 3749-3750

  (Ordered to lie on the table.)
  Mr. ABRAHAM (for himself, Mr. Feingold, and Mr. DeWine) submitted two 
amendments intended to be proposed by them to amendment No. 3743 
proposed by Mr. Simpson to the bill S. 1644, supra; as follows:

                           Amendment No. 3749

       In section 112, after subparagraph (a)(1)(ii), insert the 
     following:
       ``(iv) Demonstration projects under this section shall not 
     be conducted in any State that has not enacted legislation 
     authorizing the Attorney General to conduct such projects 
     within its jurisdiction.''
                                                                    ____


                           Amendment No. 3750

       In section 112, after subparagraph (a)(1)(ii), insert the 
     following:
       ``(iv) Demonstration projects under this section shall not 
     be conducted in any State that has not enacted legislation 
     declaring such projects shall not be conducted within its 
     jurisdiction.''
                                 ______


             ABRAHAM (AND OTHERS) AMENDMENTS NOS. 3751-3752

  (Ordered to lie on the table.)
  Mr. ABRAHAM (for himself, Mr. Feingold, Mr. DeWine, Mr. Inhofe, Mr. 
Mack, Mr. Lott, and Mr. Lieberman) submitted two amendments intended to 
be proposed by them to amendment No. 3743 proposed by Mr. Simpson to 
the bill S. 1644, supra; as follows:

                           Amendment No. 3751

       Strike sections 111-115.
                                                                    ____


                           Amendment No. 3752

       Strike sections 111-115 and 118.
                                 ______


                    GRAHAM AMENDMENTS NOS. 3753-3759

  (Ordered to lie on the table.)
  Mr. GRAHAM submitted seven amendments intended to be proposed by him 
to amendment No. 3743 proposed by Mr. Simpson to the bill S. 1664, 
supra; as follows:

                           Amendment No. 3753

       On page 177 in the matter proposed to be inserted, 
     beginning on line 9 strike all that follows through line 4 on 
     page 178.
                                                                    ____


                           Amendment No. 3754

       Beginning on page 188, strike line 11 and all that follows 
     through line 2 on page 192.
                                                                    ____


                           Amendment No. 3755

       Beginning on page 192, strike line 3 and all that follows 
     through line 4 on page 198.
                                                                    ____


                           Amendment No. 3756

       Beginning on page 198, strike line 5 and all that follows 
     through line 5 on page 202.
                                                                    ____


                           Amendment No. 3757

       Beginning on page 210, strike line 22 and all that follows 
     through line 9 on page 211.
                                                                    ____


                           Amendment No. 3758

       Beginning on page 177, line 9, strike all through page 211, 
     line 9, and insert the following:

                      Subtitle C--Effective Dates

     SEC. 197. EFFECTIVE DATES.

       (a) In General.--Except as otherwise provided in this title 
     and subject to subsection (b), this title, and the amendments 
     made by this title, shall take effect on the date of the 
     enactment of this Act.
       (b) Other Effective Dates.--
       (1) Effective dates for provisions dealing with document 
     fraud; regulations to implement.--
       (A) In general.--The amendments made by sections 131, 132, 
     141, and 195 shall be effective upon the date of the 
     enactment of this Act and shall apply to aliens who arrive in 
     or seek admission to the United States on or after such date.
       (B) Regulations.--Notwithstanding any other provision of 
     law, the Attorney General may issue interim final regulations 
     to implement the provisions of the amendments listed in 
     subparagraph (A) at any time on or after the date of the 
     enactment of this Act, which regulations may become effective 
     upon publication without prior notice or opportunity for 
     public comment.
       (2) Alien smuggling, exclusion, and deportation.--The 
     amendments made by sections 122, 126, 128, 129, 143, and 
     150(b) shall apply with respect to offenses occurring on or 
     after the date of the enactment of this Act.

                   TITLE II--FINANCIAL RESPONSIBILITY

           Subtitle A--Receipt of Certain Government Benefits

     SEC. 201. INELIGIBILITY OF EXCLUDABLE, DEPORTABLE, AND 
                   NONIMMIGRANT ALIENS.

       (a) Public Assistance and Benefits.--

[[Page S4329]]

       (1) In general.--Notwithstanding any other provision of 
     law, an ineligible alien (as defined in subsection (f)(2)) 
     shall not be eligible to receive--
       (A) any benefits under a public assistance program (as 
     defined in subsection (f)(3)), except--
       (i) emergency medical services under title XIX of the 
     Social Security Act,
       (ii) subject to paragraph (4), prenatal and postpartum 
     services under title XIX of the Social Security Act,
       (iii) short-term emergency disaster relief,
       (iv) assistance or benefits under the National School Lunch 
     Act,
       (v) assistance or benefits under the Child Nutrition Act of 
     1966,
       (vi) 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 diseases, and
       (vii) such other service or 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; or
       (B) any grant, contract, loan, professional license, or 
     commercial license provided or funded by any agency of the 
     United States or any State or local government entity, 
     except, with respect to a nonimmigrant authorized to work in 
     the United States, any professional or commercial license 
     required to engage in such work, if the nonimmigrant is 
     otherwise qualified for such license.
       (2) Benefits of residence.--Notwithstanding any other 
     provision of law, no State or local government entity shall 
     consider any ineligible alien as a resident when to do so 
     would place such alien in a more favorable position, 
     regarding access to, or cost of, any benefit or government 
     service, than a United States citizen who is not regarded as 
     such a resident.
       (3) Notification of aliens.--
       (A) In general.--The agency administering a program 
     referred to in paragraph (1)(A) or providing benefits 
     referred to in paragraph (1)(B) shall, directly or, in the 
     case of a Federal agency, through the States, notify 
     individually or by public notice, all ineligible aliens who 
     are receiving benefits under a program referred to in 
     paragraph (1)(A), or are receiving benefits referred to in 
     paragraph (1)(B), as the case may be, immediately prior to 
     the date of the enactment of this Act and whose eligibility 
     for the program is terminated by reason of this subsection.
       (B) Failure to give notice.--Nothing in subparagraph (A) 
     shall be construed to require or authorize continuation of 
     such eligibility if the notice required by such paragraph is 
     not given.
       (4) Limitation on pregnancy services for undocumented 
     aliens.--
       (A) 3-year continuous residence.--An ineligible alien may 
     not receive the services described in paragraph (1)(A)(ii) 
     unless such alien can establish proof of continuous residence 
     in the United States for not less than 3 years, as determined 
     in accordance with section 245a.2(d)(3) of title 8, Code of 
     Federal Regulations as in effect on the day before the date 
     of the enactment of this Act.
       (B) Limitation on expenditures.--Not more than $120,000,000 
     in outlays may be expended under title XIX of the Social 
     Security Act for reimbursement of services described in 
     paragraph (1)(A)(ii) that are provided to individuals 
     described in subparagraph (A).
       (C) Continued services by current state.--States that have 
     provided services described in paragraph (1)(A)(ii) for a 
     period of 3 years before the date of the enactment of this 
     Act shall continue to provide such services and shall be 
     reimbursed by the Federal Government for the costs 
     incurred in providing such services. States that have not 
     provided such services before the date of the enactment of 
     this Act, but elect to provide such services after such 
     date, shall be reimbursed for the costs incurred in 
     providing such services. In no case shall States be 
     required to provide services in excess of the amounts 
     provided in subparagraph (B).
       (b) Unemployment Benefits.--Notwithstanding any other 
     provision of law, only eligible aliens who have been granted 
     employment authorization pursuant to Federal law, and United 
     States citizens or nationals, may receive unemployment 
     benefits payable out of Federal funds, and such eligible 
     aliens may receive only the portion of such benefits which is 
     attributable to the authorized employment.
       (c) Social Security Benefits.--
       (1) In general.--Notwithstanding any other provision of 
     law, only eligible aliens who have been granted employment 
     authorization pursuant to Federal law and United States 
     citizens or nationals may receive any benefit under title II 
     of the Social Security Act, and such eligible aliens may 
     receive only the portion of such benefits which is 
     attributable to the authorized employment.
       (2) No refund or reimbursement.--Notwithstanding any other 
     provision of law, no tax or other contribution required 
     pursuant to the Social Security Act (other than by an 
     eligible alien who has been granted employment authorization 
     pursuant to Federal law, or by an employer of such alien) 
     shall be refunded or reimbursed, in whole or in part.
       (d) 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 (Public Law 96-
     399; 94 Stat. 1637) and containing statistics with respect to 
     the number of individuals denied financial assistance under 
     such section.
       (e) Nonprofit, Charitable Organizations.--
       (1) In general.--Nothing in this Act shall be construed as 
     requiring a nonprofit charitable organization operating any 
     program of assistance provided or funded, in whole or in 
     part, by the Federal Government to--
       (A) determine, verify, or otherwise require proof of the 
     eligibility, as determined under this title, of any applicant 
     for benefits or assistance under such program; or
       (B) deem that the income or assets of any applicant for 
     benefits or assistance under such program include the income 
     or assets described in section 204(b).
       (2) No effect on federal authority to determine 
     compliance.--Nothing in this subsection shall be construed as 
     prohibiting the Federal Government from determining the 
     eligibility, under this section or section 204, of any 
     individual for benefits under a public assistance program (as 
     defined in subsection (f)(3)) or for government benefits (as 
     defined in subsection (f)(4)).
       (f) Definitions.--For the purposes of this section--
       (1) Eligible alien.--The term ``eligible alien'' means an 
     individual who is--
       (A) an alien lawfully admitted for permanent residence 
     under the Immigration and Nationality Act,
       (B) an alien granted asylum under section 208 of such Act,
       (C) a refugee admitted under section 207 of such Act,
       (D) an alien whose deportation has been withheld under 
     section 243(h) of such Act, or
       (E) an alien paroled into the United States under section 
     212(d)(5) of such Act for a period of at least 1 year.
       (2) Ineligible alien.--The term ``ineligible alien'' means 
     an individual who is not--
       (A) a United States citizen or national; or
       (B) an eligible alien.
       (3) Public assistance program.--The term ``public 
     assistance program'' means any program of assistance provided 
     or funded, in whole or in part, by the Federal Government or 
     any state or local government entity, for which eligibility 
     for benefits is based on need.
       (4) Government benefits.--The term ``government benefits'' 
     includes--
       (A) any grant, contract, loan, professional license, or 
     commercial license provided or funded by any agency of the 
     United States or any State or local government entity, 
     except, with respect to a nonimmigrant authorized to work in 
     the United States, any professional or commercial license 
     required to engage in such work, if the nonimmigrant is 
     otherwise qualified for such license;
       (B) unemployment benefits payable out of Federal funds;
       (C) benefits under title II of the Social Security Act;
       (D) financial assistance for purposes of section 214(a) of 
     the Housing and Community Development Act of 1980 (Public Law 
     96-399; 94 Stat. 1637); and
       (E) benefits based on residence that are prohibited by 
     subsection (a)(2).

     SEC. 203. REQUIREMENTS FOR SPONSOR'S AFFIDAVIT OF SUPPORT.

       (a) Enforceability.--No affidavit of support may be relied 
     upon 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) of the Immigration and Nationality 
     Act unless such affidavit is executed as a contract--
       (1) which is legally enforceable against the sponsor by the 
     sponsored individual, or by the Federal Government or any 
     State, district, territory, or possession of the United 
     States (or any subdivision of such State, district, 
     territory, or possession of the United States) that provides 
     any benefit as defined in section 201(f)(3) but not later 
     than 10 years after the sponsored individual last receives 
     any such benefit;
       (2) in which the sponsor agrees to financially support the 
     sponsored individual, so that he or she will not become a 
     public charge, until the sponsored individual has worked in 
     the United States for 40 qualifying quarters or has become a 
     United States citizen, whichever occurs first; and
       (3) in which the sponsor agrees to submit to the 
     jurisdiction of any Federal or State court for the purpose of 
     actions brought under subsection (d) or (e).
       (b) Forms.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary of State, the Attorney 
     General, and the Secretary of Health and Human Services shall 
     jointly formulate the affidavit of support described in this 
     section.

[[Page S4330]]

       (c) Notification of Change of Address.--
       (1) General requirement.--The sponsor shall notify the 
     Attorney General and the State, district, territory, or 
     possession in which the sponsored individual is currently a 
     resident within 30 days of any change of address of the 
     sponsor during the period specified in subsection (a)(1).
       (2) Penalty.--Any person subject to the requirement of 
     paragraph (1) who fails to satisfy such requirement shall, 
     after notice and opportunity to be heard, 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 individual has received any benefit described in 
     section 201(f)(3) not less than $2,0000 or more than $5,000.
       (d) Reimbursement of Government Expenses.--
       (1) In general.--
       (A) Request for reimbursement.--Upon notification that a 
     sponsored individual has received any benefit described in 
     section 201(f)(3) of this Act, the appropriate Federal, 
     State, or local official shall request reimbursement from 
     the sponsor for the amount of such assistance.
       (B) Regulations.--The Commissioner of Social Security shall 
     prescribe such regulations as may be necessary to carry out 
     subparagraph (A). Such regulations shall provide that 
     notification be sent to the sponsor's last known address by 
     certified mail.
       (2) Action against sponsor.--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 make payments, an action may be 
     brought against the sponsor pursuant to the affidavit of 
     support.
       (3) Failure to meet repayment terms.--If the sponsor agrees 
     to make payments, but fails to abide by the repayment terms 
     established by the agency, the agency may, within 60 days of 
     such failure, bring an action against the sponsor pursuant to 
     the affidavit of support.
       (e) Jurisdiction.--
       (1) In general.--An action to enforce an affidavit of 
     support executed under subsection (a) may be brought against 
     the sponsor in any Federal or State court--
       (A) by a sponsored individual, with respect to financial 
     support; or
       (B) by a Federal, State, or local agency, with respect to 
     reimbursement.
       (2) Court may not decline to hear case.--For purposes of 
     this section, no Federal or State court shall decline for 
     lack of subject matter or personal jurisdiction to hear any 
     action brought against a sponsor under paragraph (1) if--
       (A) the sponsored individual is a resident of the State in 
     which the court is located, or received public assistance 
     while residing in the State; and
       (B) such sponsor has received service of process in 
     accordance with applicable law.
       (f) Definitions.--For purposes of this section--
       (1) Sponsor.--The term ``sponsor'' means an individual 
     who--
       (A) is a United States citizen or national or an alien who 
     is lawfully admitted to the United States for permanent 
     residence;
       (B) is at least 18 years of age;
       (C) is domiciled in any of the several States of the United 
     States, the District of Columbia, or any territory or 
     possession of the United States; and
       (D) demonstrates the means to maintain an annual income 
     equal to at least 125 percent of the Federal poverty line for 
     the individual and the individual's family (including the 
     sponsored alien and any other alien sponsored by the 
     individual), through evidence that includes a copy of the 
     individual's Federal income tax return for the 3 most recent 
     taxable years (which returns need show such level of annual 
     income only in the most recent taxable year) and a written 
     statement, executed under oath or as permitted under penalty 
     of perjury under section 1746 of title 28, United States 
     Code, that the copies are true copies of such returns.

     In the case of an individual who is on active duty (other 
     than active duty for training) in the Armed Forces of the 
     United States, subparagraph (D) shall be applied by 
     substituting ``100 percent'' for ``125 percent''.
       (2) Federal poverty line.--The term ``Federal poverty 
     line'' means the level of income equal to the official 
     poverty line (as defined by the Director of the Office of 
     Management and Budget, as revised annually by the Secretary 
     of Health and Human Services, in accordance with section 
     673(2) of the Omnibus Budget Reconciliation Act of 1981 (42 
     U.S.C. 9902)) that is applicable to a family of the size 
     involved.
       (3) Qualifying quarter.--The term ``qualifying quarter'' 
     means a three-month period in which the sponsored individual 
     has--
       (A) earned at least the minimum necessary for the period to 
     count as one of the 40 quarters required to qualify for 
     social security retirement benefits;
       (B) not received need-based public assistance; and
       (C) has income tax liability for the tax year of which the 
     period was part.

     SEC. 205. VERIFICATION OF STUDENT ELIGIBILITY FOR 
                   POSTSECONDARY FEDERAL STUDENT FINANCIAL 
                   ASSISTANCE.

       (a) Report Requirement.--Not later than one year after the 
     date of the enactment of this Act, the Secretary of Education 
     and the Commissioner of Social Security shall jointly submit 
     to the Congress a report on the computer matching program of 
     the Department of Education under section 484(p) of the 
     Higher Education Act of 1965.
       (b) Report Elements.--The report shall include the 
     following:
       (1) An assessment by the Secretary and the Commissioner of 
     the effectiveness of the computer matching program, and a 
     justification for such assessment.
       (2) The ratio of inaccurate matches under the program to 
     successful matches.
       (3) Such other information as the Secretary and the 
     Commissioner jointly consider appropriate.

     SEC. 206. AUTHORITY OF STATES AND LOCALITIES TO LIMIT 
                   ASSISTANCE TO ALIENS AND TO DISTINGUISH AMONG 
                   CLASSES OF ALIENS IN PROVIDING GENERAL PUBLIC 
                   ASSISTANCE.

       (a) In General.--Subject to subsection (b) and 
     notwithstanding any other provision of law, a State or local 
     government may prohibit or otherwise limit or restrict the 
     eligibility of aliens or classes of aliens for programs of 
     general cash public assistance furnished under the law of the 
     State or a political subdivision of a State.
       (b) Limitation.--The authority provided for under 
     subsection (a) may be exercised only to the extent that any 
     prohibitions, limitations, or restrictions imposed by a State 
     or local government are not more restrictive than the 
     prohibitions, limitations, or restrictions imposed under 
     comparable Federal programs. For purposes of this section, 
     attribution to an alien of a sponsor's income and 
     resources (as described in section 204(b)) for purposes of 
     determining eligibility for, and the amount of, benefits 
     shall be considered less restrictive than a prohibition of 
     eligibility for such benefits.

     SEC. 207. EARNED INCOME TAX CREDIT DENIED TO INDIVIDUALS NOT 
                   CITIZENS OR LAWFUL PERMANENT RESIDENTS.

       (a) In General.--
       (1) Limitation.--Notwithstanding any other provision of 
     law, an individual may not receive an earned income tax 
     credit for any year in which such individual was not, for the 
     entire year, either a United States citizen or national or a 
     lawful permanent resident.
       (2) Individual number required.--Section 21(c)(1) of the 
     Internal Revenue Code of 1986 (relating to individuals 
     eligible to claim the earned income tax credit) is amended by 
     adding at the end the following new subparagraph:
       ``(F) Identification number requirement.--The term 
     `eligible individual' does not include any individual who 
     does not include on the return of tax for the taxable year--
       ``(i) such individual's taxpayer identification number, and
       ``(ii) if the individual is married (within the meaning of 
     section 7703), the taxpayer identification number of such 
     individual's spouse.''.
       (b) Special Identification Number.--Section 32 of the 
     Internal Revenue Code of 1986 is amended by adding at the end 
     the following new subsection:
       ``(k) Identification Numbers.--Solely for purposes of 
     subsections (c)(1)(F) and (c)(3)(D), a taxpayer 
     identification number means a social security number issued 
     to an individual by the Social Security Administration (other 
     than a social security number issued pursuant to clause (II) 
     (or that portion of clause (III) that relates to clause (II)) 
     of section 205(c)(2)(B)(i) of the Social Security Act).''.
       (c) Extension of Procedures Applicable to Mathematical or 
     Clerical Errors.--Section 6213(g)(2) of the Internal Revenue 
     Code of 1986 (relating to the definition of mathematical or 
     clerical errors) is amended--
       (1) by striking ``and'' at the end of subparagraph (D),
       (2) by striking the period at the end of subparagraph (E) 
     and inserting '', and'', and
       (3) by inserting after subparagraph (E) the following new 
     subparagraph:
       ``(F) an unintended omission of a correct taxpayer 
     identification number required under section 32 (relating to 
     the earned income tax credit) to be included on a return.''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     1995.

     SEC. 208. INCREASED MAXIMUM CRIMINAL PENALTIES FOR FORGING OR 
                   COUNTERFEITING SEAL OF A FEDERAL DEPARTMENT OR 
                   AGENCY TO FACILITATE BENEFIT FRAUD BY AN 
                   UNLAWFUL ALIEN.

       Section 506 of title 18, United States Code, is amended to 
     read as follows:

     ``SEC. 506. SEALS OF DEPARTMENTS OR AGENCIES.

       ``(a) Whoever--
       ``(1) falsely makes, forges, counterfeits, mutilates, or 
     alters the seal of any department or agency of the United 
     States, or any facsimile thereof;
       ``(2) knowingly uses, affixes, or impresses any such 
     fraudulently made, forged, counterfeited, mutilated, or 
     altered seal or facsimile thereof to or upon any certificate, 
     instrument, commission, document, or paper of any 
     description; or
       ``(3) with fraudulent intent, possesses, sells, offers for 
     sale, furnishes, offers to furnish, gives away, offers to 
     give away, transports, offers to transport, imports, or 
     offers to import any such seal or facsimile thereof, knowing 
     the same to have been so falsely made, forged, counterfeited, 
     mutilated, or altered, shall be fined under this title, or 
     imprisoned not more than 5 years, or both.

[[Page S4331]]

       ``(b) Notwithstanding subsection (a) or any other provision 
     of law, if a forged, counterfeited, mutilated, or altered 
     seal of a department or agency of the United States, or any 
     facsimile thereof, is--
       ``(1) so forged, counterfeited, mutilated, or altered;
       ``(2) used, affixed, or impressed to or upon any 
     certificate, instrument, commission, document, or paper of 
     any description; or
       ``(3) with fraudulent, possessed, sold, offered for sale, 
     furnished, offered to furnish, given away, offered to give 
     away, transported, offered to transport, imported, or offered 
     to import,

     with the intent or effect of facilitating an unlawful alien's 
     application for, or receipt of, a Federal benefit, the 
     penalties which may be imposed for each offense under 
     subsection (a) shall be two times the maximum fine, and 3 
     times the maximum term of imprisonment, or both, that would 
     otherwise be imposed for an offense under subsection (a).
       ``(c) For purposes of this section--
       ``(1) the term `Federal benefit' means--
       ``(A) the issuance of any grant, contract, loan, 
     professional license, or commercial license provided by any 
     agency of the United States or by appropriated funds of the 
     United States; and
       ``(B) any retirement, welfare, Social Security, health 
     (including treatment of an emergency medical condition in 
     accordance with section 1903(v) of the Social Security Act 
     (19 U.S.C. 1396b(v))), disability, veterans, public housing, 
     education, food stamps, or unemployment benefit, or any 
     similar benefit for which payments or assistance are provided 
     by an agency of the United States or by appropriated funds of 
     the United States;
       ``(2) the term `unlawful alien' means an individual who is 
     not--
       ``(A) a United States citizen or national;
       ``(B) an alien lawfully admitted for permanent residence 
     under the Immigration and Nationality Act;
       ``(C) an alien granted asylum under section 208 of such 
     Act;
       ``(D) a refugee admitted under section 207 of such Act;
       ``(E) an alien whose deportation has been withheld under 
     section 243(h) of such Act; or
       ``(F) an alien paroled into the United States under section 
     215(d)(5) of such Act for a period of at least 1 year; and
       ``(3) each instance of forgery, counterfeiting, mutilation, 
     or alternation shall constitute a separate offense under this 
     section.''.

     SEC. 209. STATE OPTION UNDER THE MEDICAID PROGRAM TO PLACE 
                   ANTI-FRAUD INVESTIGATORS IN HOSPITALS.

       (a) In General.--Section 1902(a) of the Social Security Act 
     (42 U.S.C. 1396a(a)) is amended--
       (1) by striking ``and'' at the end of paragraph (61);
       (2) by striking the period at the end of paragraph (62) and 
     inserting ``; and ''; and
       (3) by adding after paragraph (62) the following new 
     paragraph:
       ``(63) in the case of a State that is certified by the 
     Attorney General as a high illegal immigration State (as 
     determined by the Attorney General), at the election of the 
     State, establish and operate a program for the placement of 
     anti-fraud investigators in State, county, and private 
     hospitals located in the State to verify the immigration 
     status and income eligibility of applicants for medical 
     assistance under the State plan prior to the furnishing of 
     medical assistance.''.
       (b) Payment.--Section 1903 of the Social Security Act (42 
     U.S.C. 1396b) is amended--
       (1) by striking ``plus'' at the end of paragraph (6);
       (2) by striking the period at the end of paragraph (7) and 
     inserting ``; plus''; and
       (3) by adding at the end the following new paragraph:
       ``(8) an amount equal to the Federal medical assistance 
     percentage (as defined in section 1905(b)) of the total 
     amount expended during such quarter which is attributable to 
     operating a program under section 1902(a)(63).''.
       (c) Effective Date.--The amendments made by subsections (a) 
     and (b) shall take effect on the first day of the first 
     calendar quarter beginning after the date of the enactment of 
     this Act.
                                                                    ____


                           Amendment No. 3759

       At the appropriate place in the matter proposed to be 
     inserted by the amendment, insert the following new section:

     SEC.   . UNFUNDED FEDERAL INTERGOVERNMENTAL MANDATES.

       (a) In General.--Notwithstanding any other provision of 
     law, not later than 90 days after the beginning of fiscal 
     year 1997, and annually thereafter, the determinations 
     described in subsection (b) shall be made, and if any such 
     determination is affirmative, the requirements imposed on 
     State and local governments under this Act relating to the 
     affirmative determination shall be suspended.
       (b) Determination Described.--A determination described in 
     this subsection means one of the following:
       (1) A determination by the responsible Federal agency or 
     the responsible State or local administering agency regarding 
     whether the costs of administering a requirement imposed on 
     State and local government under this Act exceeds the 
     estimated net savings in benefit expenditures.
       (2) A determination by the responsible Federal agency, or 
     the responsible State or local administering agency, 
     regarding whether Federal funding is insufficient to fully 
     fund the costs imposed by a requirement imposed on State and 
     local governments under this Act.
       (3) A determination by the responsible Federal agency, or 
     the responsible State or local administering agency, 
     regarding whether application of the requirement on a State 
     or local government would significantly delay or deny 
     services to otherwise eligible individuals in a manner that 
     would hinder the protection of life, safety, or public 
     health.
                                 ______


                 GRAHAM (AND OTHERS) AMENDMENT NO. 3760

  (Ordered to lie on the table.)
  Mr. GRAHAM (for himself, Mr. Dole, Mr. Mack, and Mr. Abraham) 
proposed an to amendment No. 3743 proposed by Mr. Simpson to the bill 
S. 1664, supra; as follows:

       Beginning on page 177, strike line 13 and all that follows 
     through line 4 on page 178, inserting the following:
       (b) Notwithstanding any other provision of this Act, the 
     repeal of Public Law 89-732 made by this Act shall become 
     effective only upon a determination by the President under 
     section 203(c)(3) of the Cuban Liberty and Democratic 
     Solidarity (LIBERTAD) Act of 1996 that a democratically 
     elected government in Cuba is in power.
                                 ______


                  GRAHAM (AND MACK) AMENDMENT NO. 3761

  (Ordered to lie on the table.)
  Mr. GRAHAM (for himself and Mr. Mack) submitted an amendment intended 
to be proposed by them to amendment No. 3743 proposed by Mr. Simpson to 
the bill S. 1664, supra; as follows:

       Strike on page 211, line 1 through line 9, and insert:
       ``(C) The Secretary shall conduct an assessment of 
     immigration trends, current funding practices, and needs for 
     assistance. Particular attention should be paid to the funds 
     toward the counties impacted by the arrival of Cuban and 
     Haitian individuals to determine whether there is a continued 
     need for assistance to such counties. If the Secretary 
     determines, after the assessment of subparagraph (C), that no 
     compelling need exists in the counties impacted by the 
     arrival of Cuban and Haitian entrants, all grants, except 
     that for the Targeted Assistance Ten Percent Discretionary 
     Program, made available under this paragraph for a fiscal 
     year shall be allocated by the Office of Refugee Resettlement 
     in a manner that ensures that each qualifying county receives 
     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 earlier than 60 months 
     before the beginning of such fiscal year.''.
                                 ______


                    GRAHAM AMENDMENTS NOS. 3762-3775

  (Ordered to lie on the table.)
  Mr. GRAHAM submitted 14 amendments intended to be proposed by them to 
amendment No. 3743 proposed by Mr. Simpson to the bill S. 1664, supra; 
as follows:

                           Amendment No. 3762

       On page 198, beginning on line 11, strike all through page 
     201, line 4, and insert the following: for benefits, the 
     income and resources described in subsection (b) shall, 
     notwithstanding any other provision of law, be deemed to be 
     the income and resources of such alien for purposes of the 
     following programs:
       (1) Supplementary security income under title XVI of the 
     Social Security Act;
       (2) Aid to Families with Dependent Children under title IV 
     of the Social Security Act;
       (3) Food stamps under the Food Stamp Act of 1977;
       (4) Section 8 low-income housing assistance under the 
     United States Housing Act of 1937;
       (5) Low-rent public housing under the United States Housing 
     Act of 1937;
       (6) Section 236 interest reduction payments under the 
     National Housing Act;
       (7) Home-owner assistance payments under the National 
     Housing Act;
       (8) Low income rent supplements under the Housing and Urban 
     Development Act of 1965;
       (9) Rural housing loans under the Housing Act of 1949;
       (10) Rural rental housing loans under the Housing Act of 
     1949;
       (11) Rural rental assistance under the Housing Act of 1949;
       (12) Rural housing repair loans and grants under the 
     Housing Act of 1949;
       (13) Farm labor housing loans and grants under the Housing 
     Act of 1949;
       (14) Rural housing preservation grants under the Housing 
     Act of 1949;
       (15) Rural self-help technical assistance grants under the 
     Housing Act of 1949;
       (16) Site loans under the Housing Act of 1949; and
       (17) Weatherization assistance under the Energy 
     Conservation and Protection Act.
       (b) Deemed Income and Resources.--The income and resources 
     described in this subsection include the income and resources 
     of--
       (1) any person who, as a sponsor of an alien's entry into 
     the United States, or in

[[Page S4332]]

     order to enable an alien lawfully to remain in the United 
     States, executed an affidavit of support or similar agreement 
     with respect to such alien, and
       (2) the sponsor's spouse.
       (c) Length of Deemed Period.--The requirement of subsection 
     (a) shall apply for the period for which the sponsor has 
     agreed, in such affidavit or agreement, to provide support 
     for such alien, or for a period of 5 years beginning on the 
     day such alien was first lawfully in the United States after 
     the execution of such affidavit or agreement, whichever 
     period is longer.
       (d) Exception for Indigence.--
       (1) In general.--If a determination described in paragraph 
     (2) is made, the amount of income and resources of the 
     sponsor or the sponsor's spouse which shall be attributed to 
     the sponsored alien shall not exceed the amount actually 
     provided for a period--
       (A) beginning on the date of such determination and ending 
     12 months after such date, or
       (B) if the address of the sponsor is unknown to the 
     sponsored alien, beginning on the date of such determination 
     and ending on the date that is 12 months after the address of 
     the sponsor becomes known to the sponsored alien or to the 
     agency (which shall inform such alien of the address within 7 
     days).
       (2) Determination described.--A determination described in 
     this paragraph is a determination by an agency that a 
     sponsored alien would, in the absence of the assistance 
     provided by the agency, be unable to obtain food or shelter, 
     taking in to account the alien's own income, plus any cash, 
     food, housing, or other assistance provided by other 
     individuals, including the sponsor.
                                                                    ____


                           Amendment No. 3763

       On page 190, beginning on line 9, strike all through page 
     201, line 4, and insert the following:
       (ii) The food stamp program under the Food Stamp Act of 
     1977.
       (iii) The supplemental security income program under title 
     XVI of the Social Security Act.
       (iv) Any State general assistance program.
       (v) Any other program of assistance funded, in whole or in 
     part, by the Federal Government or any State or local 
     government entity, for which eligibility for benefits is 
     based on need, except the programs listed as exceptions in 
     clauses (i) through (vi) of section 201(a)(1)(A) and the 
     exceptions listed in section 204(d) of the Immigration Reform 
     Act of 1996.
       (b) Construction.--Nothing in subparagraph (B), (C), or (D) 
     of section 241(a)(5) of the Immigration and Nationality Act, 
     as amended by subsection (a), may be construed to affect or 
     apply to any determination of an alien as a public charge 
     made before the date of enactment of this Act.
       (c) Review of Status.--
       (1) In general.--In reviewing any application by an alien 
     for benefits under section 216, section 245, or chapter 2 of 
     title III of the Immigration and Nationality Act, the 
     Attorney General shall determine whether or not the applicant 
     is described in section 241(a)(5)(A) of such Act, as so 
     amended.
       (2) Grounds for Denial.--If the Attorney General determines 
     that an alien is described in section 241(a)(5)(A) of the 
     Immigration and Nationality Act, the Attorney General shall 
     deny such application and shall institute deportation 
     proceedings with respect to such alien, unless the Attorney 
     General exercises discretion to withhold or suspend 
     deportation pursuant to any other section of such Act.
       (d) Effective Date.--This section and the amendments made 
     by this section shall apply to aliens who enter the United 
     States on or after the date of enactment of this Act and to 
     aliens who entered as nonimmigrants before such date but 
     adjust or apply to adjust their status after such date.

     SEC. 203. REQUIREMENTS FOR SPONSOR'S AFFIDAVIT OF SUPPORT.

       (A) Enforceability.--No affidavit of support may be relied 
     upon 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) of the Immigration and Nationality 
     Act unless such affidavit is executed as a contract--
       (1) which is legally enforceable against the sponsor by the 
     sponsored individual, or by the Federal Government or any 
     State, district, territory, or possession of the United 
     States (or any subdivision of such State, district, 
     territory, or possession of the United States) that provides 
     any benefit described in section 241(a)(5)(D), as amended by 
     section 202(a) of this Act, but not later than 10 years after 
     the sponsored individual last receives any such benefit.
       (2) in which the sponsor agrees to financially support the 
     sponsored individual, so that he or she will not become a 
     public charge, until the sponsored individual has worked in 
     the United States for 40 qualifying quarters or has become a 
     United States citizen, whichever occurs first; and
       (3) in which the sponsor agrees to submit to the 
     jurisdiction of any Federal or State court for the purpose of 
     actions brought under subsection (d) or (e).
       (b) Forms.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary of State, the Attorney 
     General, and the Secretary of Health and Human Services shall 
     jointly formulate the affidavit of support described in this 
     section.
       (c) Notification of Change of Address.--
       (1) General requirement.--The sponsor shall notify the 
     Attorney General and the State, district, territory, or 
     possession in which the sponsored individual is currently a 
     resident within 30 days of any change of address of the 
     sponsor during the period specified in subsection (a)(1).
       (2) Penalty.--Any person subject to the requirement of 
     paragraph (1) who fails to satisfy such requirement shall, 
     after notice and opportunity to be heard, be subject to a 
     civil penalty of--
       (A) not less than $250 or more than $2000, or
       (B) if such failure occurs with knowledge that the 
     sponsored individual has received any benefit described in 
     section 241(a)(5)(D) of the Immigration and Nationality Act, 
     as amended by section 202(a) of this Act, not less than $2000 
     or more than $5000.
       (d) Reimbursement of Government Expenses.--
       (1) In general.--
       (A) Request for reimbursement.--Upon notification that a 
     sponsored individual has received any benefit described in 
     section 241(a)(5)(D) of the Immigration and Nationality Act, 
     as amended by section 202(a) of this Act, the appropriate 
     Federal, State, or local official shall request reimbursement 
     from the sponsor for the amount of such assistance.
       (B) Regulations.--The Commissioner of Social Security shall 
     prescribe such regulations as may be necessary to carry out 
     subparagraph (A). Such regulations shall provide that 
     notification be sent to the sponsor's last known address by 
     certified mail.
       (2) Action against sponsor.--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 make payments, an action may be 
     brought against the sponsor pursuant to the affidavit of 
     support.
       (3) Failure to meet repayment terms.--If the sponsor agrees 
     to make payments, but fails to abide by the repayment terms 
     established by the agency, the agency may, within 60 days of 
     such failure, bring an action against the sponsor pursuant to 
     the affidavit of support.
       (e) Jurisdiction.--
       (1) In general.--An action to enforce an affidavit of 
     support executed under subsection (a) may be brought against 
     the sponsor in any Federal or State court--
       (A) by a sponsored individual, with respect to financial 
     support; or
       (B) by a Federal, State, or local agency, with respect to 
     reimbursement.
       (2) Court may not decline to hear case.--For purposes of 
     this section, no Federal or State court shall decline for 
     lack of subject matter or personal jurisdiction to hear any 
     action brought against a sponsor under paragraph (1) if--
       (A) the sponsored individual is a resident of the State in 
     which the court is located, or received public assistance 
     while residing in the State; and
       (B) such sponsor has received service of process in 
     accordance with applicable law.
       (f) Definitions.--For purposes of this section--
       (1) Sponsor.--The term ``sponsor'' means an individual 
     who--
       (A) is a United States citizen or national or an alien who 
     is lawfully admitted to the United States for permanent 
     residence;
       (B) is at least 18 years of age;
       (C) is domiciled in any of the several States of the United 
     States, the District of Columbia, or any territory or 
     possession of the United States; and
       (D) demonstrates the means to maintain an annual income 
     equal to at least 125 percent of the Federal poverty line for 
     the individual and the individual's family (including the 
     sponsored alien and any other alien sponsored by the 
     individual), through evidence that includes a copy of the 
     individual's Federal income tax return for the 3 most recent 
     taxable years (which returns need show such level of annual 
     income only in the most recent taxable year) and a written 
     statement, executed under oath or as permitted under penalty 
     of perjury under section 1746 of title 28, United States 
     Code, that the copies are true copies of such returns.

     In the case of an individual who is on active duty (other 
     than active duty for training) in the Armed Forces of the 
     United States, subparagraph (D) shall be applied by 
     substituting ``100 percent'' for ``125 percent''.
       (2) Federal poverty line.--The term ``Federal poverty 
     line'' means the level of income equal to the official 
     poverty line (as defined by the Director of the Office of 
     Management and Budget, as revised annually by the Secretary 
     of Health and Human Services, in accordance with section 
     673(2) of the Omnibus Budget Reconciliation Act of 1981 (42 
     U.S.C. 9902)) that is applicable to a family of the size 
     involved.
       (3) Qualifying quarter.--The term ``qualifying quarter'' 
     means a three-month period in which the sponsored individual 
     has--
       (A) earned at least the minimum necessary for the period to 
     count as one of the 40 quarters required to qualify for 
     social security retirement benefits;
       (B) not received need-based public assistance; and
       (C) had income tax liability for the tax year of which the 
     period was part.

     SEC. 204. ATTRIBUTION OF SPONSOR'S INCOME AND RESOURCES TO 
                   FAMILY-SPONSORED IMMIGRANTS

       (a) Deeming Requirement for Federal and Federally Funded 
     Programs.--Subject to subsection (d), for purposes of 
     determining the eligibility of an alien for benefits, and the 
     amount of benefits, under any public assistance program (as 
     defined in section

[[Page S4333]]

     201(f)(3)), the income and resources described in subsection 
     (b) shall, notwithstanding any other provision of law, be 
     deemed to be the income and resources of such alien.
       (b) Deemed Income and Resources.--The income and resources 
     described in this subsection include the income and resources 
     of--
       (1) any person who, as a sponsor of an alien's entry into 
     the United States, or in order to enable an alien lawfully to 
     remain in the United States, executed an affidavit of support 
     or similar agreement with respect to such alien, and
       (2) the sponsor's spouse.
       (c) Length of Deeming Period.--The requirement of 
     subsection (a) shall apply for the period for which the 
     sponsor has agreed, in such affidavit or agreement, to 
     provide support for such alien, or for a period of 5 years 
     beginning on the day such alien was first lawfully in the 
     United States after the execution of such affidavit or 
     agreement, whichever period is longer.
       (d) Exceptions.--
       (1) Indigence.--
       (A) In general.--If a determination described in 
     subparagraph (B) is made, the amount of income and resources 
     of the sponsor or the sponsor's spouse which shall be 
     attributed to the sponsored alien shall not exceed the amount 
     actually provided for a period--
       (i) beginning on the date of such determination and ending 
     12 months after such date, or
       (ii) if the address of the sponsor is unknown to the 
     sponsored alien, beginning on the date of such determination 
     and ending on the date that is 12 months after the address of 
     the sponsor becomes known to the sponsored alien or to the 
     agency (which shall inform such alien of the address within 7 
     days).
       (B) Determination described.--A determination described in 
     this subparagraph is a determination by an agency that a 
     sponsored alien would, in the absence of the assistance 
     provided by the agency, be unable to obtain food or shelter, 
     taking into account the alien's own income, plus any cash, 
     food, housing, or other assistance provided by other 
     individuals, including the sponsor.
       (2) Education Assistance.--
       (A) In general.--The requirements of subsection (a) shall 
     not apply with respect to sponsored aliens who have received, 
     or have been approved to receive, student assistance under 
     title IV, V, IX, or X of the Higher Education Act of 1965 in 
     an academic year which ends or begins in the calendar year in 
     which this Act is enacted.
       (B) Duration.--The exception described in subparagraph (A) 
     shall apply only for the period normally required to complete 
     the course of study for which the sponsored alien receives 
     assistance described in that subparagraph.
       (3) Certain services and assistance.--The requirements of 
     subsection (a) shall not apply to--
       (A) any services or assistance described in section 
     201(a)(1)(A)(vii); and
       (B) in the case of an eligible alien (as described in 
     section 201(f)(1))--
       (i) any care or services provided to an alien for an 
     emergency medical condition, as defined in section 1903(v)(3) 
     of the Social Security Act; and
       (ii) any public health assistance for immunizations and 
     immunizable diseases, and for the testing and treatment of 
     communicable diseases.
       (4) Medicaid Services for Legal Immigrants.--
       (A) In general.--Notwithstanding any other provision of 
     law, for purposes of determining the eligibility for medical 
     assistance under title XIX of the Social Security Act (other 
     than services for which an exception is provided under 
     paragraph (3)(B))--
       (i) the requirements of subsection (a) shall not apply to 
     an alien lawfully admitted to the United States before the 
     date of the enactment of this Act; and
       (ii) for an alien who has entered the United States on or 
     after the date of enactment of this Act, the income and 
     resources described in subsection (b) shall be deemed to be 
     the income of the alien for a period of two years beginning 
     on the day such alien was first lawfully in the United 
     States.
                                                                    ____


                           Amendment No. 3764

       On page 201, strike lines 1 through 4 and insert the 
     following:
       (3) Certain services and assistance.--The requirements of 
     subsection (a) shall not apply to--
       (A) any services or assistance described in section 
     201(a)(1)(A)(vii); and
       (B) in the case of an eligible alien (as described in 
     section 201(f)(1))--
       (i) any care or services provided to an alien for an 
     emergency medical condition, as defined in section 1903(v)(3) 
     of the Social Security Act; and
       (ii) any public health assistance for immunizations and 
     immunizable diseases, and for the testing and treatment of 
     communicable diseases.
       (4) Medicaid services for legal immigrants.--
       (A) In general.--Notwithstanding any other provision of 
     law, for purposes of determining the eligibility for medical 
     assistance under title XIX of the Social Security Act (other 
     than services for which an exemption is provided under 
     paragraph (3)(B))--
       (i) the requirements of subsection (a) shall not apply to 
     an alien lawfully admitted to the United States before the 
     date of enactment of this Act; and
       (ii) for an alien who has entered the United States on or 
     after the date of enactment of this Act, the income and 
     resources described in subsection (b) shall be deemed to be 
     the income of the alien for a period of two years beginning 
     on the day such alien was first lawfully in the United 
     States.
                                                                    ____


                           Amendment No. 3765

       On page 190, strike line 9 through line 25 and insert the 
     following:
       (ii) The food stamp program under the Food Stamp Act of 
     1977.
       (iii) The supplemental security income program under title 
     XVI of the Social Security Act.
       (iv) Any State agency assistance program.
       (v) Any other program of assistance funded, in whole or in 
     part, by the Federal Government or any State or local 
     government entity, for which eligibility for benefits is 
     based on need, except the programs listed as exceptions in 
     clauses (i) through (vi) of section 201(a)(1)(A) and the 
     exceptions listed in section 204(d) of the Immigration Reform 
     Act of 1996.
                                                                    ____


                           Amendment No. 3766

       On page 186 line 24 through page 188 line 23, strike 
     everything and insert the following after the word ``been.''

     withheld under section 243(h) of such Act,
       (E) an alien paroled into the United States under section 
     212(d)(5) of such Act for a period of at least 1 year, or
       (F) an alien who is a Cuban or Haitian entrant (within the 
     meaning of section 501(e) of the Refugee Education Assistance 
     Act of 1980).
       (2) Ineligible alien.--The term ``ineligible alien'' means 
     an individual who is not--
       (A) a United States citizen or national; or
       (B) an eligible alien.
       (3) Public assistance program.--The term ``public 
     assistance program'' means any program of assistance provided 
     or funded, in whole or in part, by the Federal Government or 
     any State or local government entity, for which eligibility 
     for benefits is based on need.
       (4) Government benefits. The term ``government benefits'' 
     includes--
       (A) any grant, contract, loan, professional license, or 
     commercial license provided or funded by an agency of the 
     United States or any State or local government entity, 
     except, with respect to a nonimmigrant authorized to work in 
     the United States, any professional or commercial license 
     required to engage in such work, if the nonimmigrant is 
     otherwise qualified for such license;
       (B) unemployment benefits payable out of Federal funds;
       (C) benefits under title II of the Social Security Act;
       (D) financial assistance for purposes of section 214(a) of 
     the Housing and Community Development Act of 1980 (Public Law 
     96-399; 94 Stat. 1637); and
       (E) benefits based on residence that are prohibited by 
     subsection (a)(2).

     SEC. 202. DEFINITION OF ``PUBLIC CHARGE'' FOR PURPOSES OF 
                   DEPORTATION.

       (a) In General.--Section 241(a)(5) (8 U.S.C. 125(a)(5) is 
     amended to read as follows:
       ``(5) Public charge.--
       ``(A) In general.--Any alien who during the public charge 
     period becomes a public charge, regardless of when the cause 
     for becoming a public charge arises, is deportable.
       ``(B) Exceptions.--Subparagraph (A) shall not apply if the 
     alien is a refugee or has been granted asylum, if the alien 
     is a Cuban or Haitian entrant (within the meaning of section 
     501(e) of the Refugee Education Assistance Act of 1980) or if 
     the cause of the alien's becoming a public charge--
                                                                    ____


                           Amendment No. 3767

       On page 181, beginning on line 19, strike all through page 
     182, line 2.
                                                                    ____


                           Amendment No. 3768

       On page 201, between lines 4 and 5, insert the following:
       (4) Medicaid services for legal immigrants.--The 
     requirements of subsection (a) shall not apply in the case of 
     any service provided under title XIX of the Social Security 
     Act to an alien lawfully admitted to the United States before 
     the date of the enactment of this Act.
                                                                    ____


                           Amendment No. 3769

       On page 201, line 5, insert the following:
       (4) Medicaid services for legal immigrants.--
     Notwithstanding any other provision of law, for purposes of 
     determining the eligibility for medical assistance under 
     title XIX of the Social Security Act, the income and 
     resources described in subsection (b) shall be deemed to be 
     the income of the alien for a period of two years beginning 
     on the day such alien was first lawfully in the United 
     States.
                                                                    ____


                           Amendment No. 3770

       On page 201, strike lines 1 through 4, and insert the 
     following:
       (3) Certain services and assistance.--The requirements of 
     subsection (a) shall not apply to--
       (A) any service or assistance described in section 
     201(a)(1)(A)(vii); or
       (B) in the case of an eligible alien (as defined in section 
     201(f)(1))--
       (i) any emergency medical service under title XIX of the 
     Social Security Act; or

[[Page S4334]]

       (ii) any public health assistance for immunizations and, if 
     the Secretary of Health and Human Services determines that it 
     is necessary to prevent the spread of serious communicable 
     disease, for testing and treatment of such disease.
                                                                    ____


                           Amendment No. 3771

       On page 201, strike lines 1 through 4, and insert the 
     following:
       (3) Certain services and assistance.--The requirements of 
     subsection (a) shall not apply to--
       (A) any service or assistance described in section 
     201(a)(1)(A)(vii); and
       (B) medicare cost-sharing provided to a qualified medicare 
     beneficiary (as such terms are defined under section 1905(p) 
     of the Social Security Act.)
                                                                    ____


                           Amendment No. 3772

       On page 201, strike lines 1 through 4, and insert the 
     following:
       (3) Certain services and assistance.--The requirements of 
     subsection (a) shall not apply to--
       (A) any service or assistance described in section 
     201(a)(1)(A)(vii); and
       (B) in patient hospital services provided by a 
     disproportionable share hospital for which an adjustment in 
     payment to a State under the medicaid program in made in 
     accordance with section 1923 of the Social Security Act.
                                                                    ____


                           Amendment No. 3773

       On page 201, strike lines 1 through 4, and insert the 
     following:
       (3) Certain services and assistance.--The requirements of 
     subsection (a) shall not apply to--
       (A) any service or assistance described in section 
     201(a)(1)(A)(vii);
       (B) medicaid services provided under title XIX of the 
     Social Security Act;
       (C) public health assistance for immunizations and testing 
     and treatment services to prevent the spread of communicable 
     diseases.
       (D) maternal and child health services block grants under 
     title V of the Social Security Act:
       (E) services and assistance provided under titles III, VII, 
     and VIII of the Public Health Service Act;
       (F) preventive health and health services block grants 
     under title XIX of the Public Health Service Act;
       (G) migrant health center grants under the Public Health 
     Service Act; and
       (H) community health center grants under the Public Health 
     Service Act.
                                                                    ____


                           Amendment No. 3774

       On page 180, lines 13 and 14, strike ``serious''.
                                                                    ____


                           Amendment No. 3775

       Strike page 180, line 15, through 181 line 9, and insert: 
     ``treatment for such diseases,
       ``(vii) such other service or 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; and
       ``(viii) in the case of nonimmigrant migrant workers and 
     their dependents, Head Start programs under the Head Start 
     Act (42 U.S.C. 9831 et. seq.) and other educational, housing 
     and health assistance being provided to such class of aliens 
     as of the date of enactment of this Act, or''.
                                 ______


                FEINSTEIN (AND SIMON) AMENDMENT NO. 3776

  (Ordered to lie on the table.)
  Mrs. FEINSTEIN (for herself and Mr. Simon) submitted an amendment 
intended to be proposed by them to amendment No. 3743 proposed by Mr. 
Simpson to the bill S. 1664, supra; as follows:

       Beginning on page 99, strike line 10 and all that follows 
     through line 13.
                                 ______


                FEINSTEIN (AND BOXER) AMENDMENT NO. 3777

  (Ordered to lie on the table.)
  Mrs. FEINSTEIN (for herself and Mrs. Boxer) submitted an amendment 
intended to be proposed by them to amendment No. 3743 proposed by Mr. 
Simpson to the bill S. 1664, supra; as follows:

       Beginning on page 10, strike line 18 and all that follows 
     through line 13 on page 11 and insert the following:

     SEC. 108. CONSTRUCTION OF PHYSICAL BARRIERS, DEPLOYMENT OF 
                   TECHNOLOGY, AND IMPROVEMENTS TO ROADS IN THE 
                   BORDER AREA NEAR SAN DIEGO, CALIFORNIA.

       There are authorized to be appropriated funds not to exceed 
     $12,000,000 for the construction, expansion, improvement, or 
     deployment of physical barriers (including multiple fencing 
     and bollard style concrete columns as appropriate), all-
     weather roads, low light television systems, lighting, 
     sensors, and other technologies along the international land 
     border between the United States and Mexico south of San 
     Diego, California for the purpose of detecting and deterring 
     unlawful entry across the border. Amounts appropriated under 
     this section are authorized to remain available until 
     expended.
                                 ______


                  FEINSTEIN AMENDMENTS NOS. 3778-3779

  (Ordered to lie on the table.)
  Mrs. FEINSTEIN submitted two amendments intended to be proposed by 
her to amendment No. 3743 proposed by Mr. Simpson to be the bill S. 
1664, supra; as follows:

                           Amendment No. 3778

       On page 198, between lines 4 and 5, insert the following:
       (g) Sponsor's Social Security Account Number Required To Be 
     Provided.--(1) Each affidavit of support shall include the 
     social security account number of the sponsor.
       (2) The Attorney General in consultation with the Secretary 
     of State shall develop an automated system to maintain the 
     data of social security account numbers provided under 
     paragraph (1).
       (3) The Attorney General shall submit an annual report to 
     the Congress setting forth for the most recent fiscal year 
     for which data are available--
       (A) the number of sponsors under this section and the 
     number of sponsors in compliance with the financial 
     obligations of this section; and
       (B) a comparison of the data set forth under subparagraph 
     (A) with similar data for the preceding fiscal year.
                                                                    ____


                           Amendment No. 3779

       Beginning on page 193, strike line 1 and all that follows 
     through line 4 on page 198 and insert the following:
       (3) in which the sponsor agrees to submit to the 
     jurisdiction of any appropriate court for the purpose of 
     actions brought under subsection (d) or (e).
       (b) Forms.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary of State, the Attorney 
     General, and the Secretary of Health and Human Services shall 
     jointly formulate the affidavit of support described in this 
     section.
       (c) Notification of Change of Address.--
       (1) General requirements.--The sponsor shall notify the 
     Attorney General and the State, district, territory, or 
     possession in which the sponsored individual is currently a 
     resident within 30 days of any change of address of the 
     sponsor during the period specified in subsection (a)(1).
       (2) Penalty.--Any person subject to the requirement of 
     paragraph (1) who fails to satisfy such requirement shall, 
     after notice and opportunity to be heard, 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 individual has received any benefit described in 
     section 241(a)(5)(D) of the Immigration and Nationality Act, 
     as amended by section 202(a) of this Act, not less than 
     $2,000 or more than $5,000.
       (d) Reimbursement of Government Expenses.--
       (1) In general.--
       (A) Request for reimbursement.--Upon notification that a 
     sponsored individual has received any benefit described in 
     section 241(a)(5)(D) of the Immigration and Nationality Act, 
     as amended by section 202(a) of this Act, the appropriate 
     Federal, State, or local official shall request reimbursement 
     from the sponsor for the amount of such assistance.
       (B) Regulations.--The Commissioner of Social Security shall 
     prescribe such regulations as may be necessary to carry out 
     subparagraph (A). Such regulations shall provide that 
     notification be sent to the sponsor's last known address by 
     certified mail.
       (2) Action against sponsor.--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 make payments, an action may be 
     brought against the sponsor pursuant to the affidavit of 
     support.
       (3) Failure to meet repayment terms.--If the sponsor agrees 
     to make payments, but fails to abide by the repayment terms 
     established by the agency, the agency may, within 60 days of 
     such failure, bring an action against the sponsor pursuant to 
     the affidavit of support.
       (e) Jurisdiction.--
       (1) In general.--An action to enforce an affidavit of 
     support executed under subsection (a) may be brought against 
     the sponsor in any appropriate court--
       (A) by a sponsored individual, with respect to financial 
     support; or
       (B) by a Federal, State, or local agency, with respect to 
     reimbursement.
       (2) Court may not decline to hear case.--For purposes of 
     this section, no appropriate court shall decline for lack of 
     subject matter or personal jurisdiction to hear any action 
     brought against a sponsor under paragraph (1) if--
       (A) the sponsored individual is a resident of the State in 
     which the court is located, or

[[Page S4335]]

     received public assistance while residing in the State; and
       (B) such sponsor has received service of process in 
     accordance with applicable law.
       (f) Definitions.--For purposes of this section--
       (1) Sponsor.--The term ``sponsor'' means an individual 
     who--
       (A) is a United States citizen or national or an alien who 
     is lawfully admitted to the United States for permanent 
     residence;
       (B) is at least 18 years of age;
       (C) is domiciled in any of the several States of the United 
     States, the District of Columbia, or any territory or 
     possession of the United States; and
       (D) demonstrates the means to maintain an annual income 
     equal to at least 125 percent of the Federal poverty line for 
     the individual and the individual's family (including the 
     sponsored alien and any other alien sponsored by the 
     individual), through evidence that includes a copy of the 
     individual's Federal income tax return for the 3 most recent 
     taxable years (which returns need show such level of annual 
     income only in the most recent taxable year) and a written 
     statement, executed under oath or as permitted under penalty 
     of perjury under section 1746 of title 28, United States 
     Code, that the copies are true copies of such returns.

     In the case of an individual who is on active duty (other 
     than active duty for training) in the Armed Forces of the 
     United States, subparagraph (D) shall be applied by 
     substituting ``100 percent'' for ``125 percent''.
       (2) Federal poverty line.--The term ``Federal poverty 
     line'' means the level of income equal to the official 
     poverty line (as defined by the Director of the Office of 
     Management and Budget, as revised annually by the Secretary 
     of Health and Human Services, in accordance with section 
     673(2) of the Omnibus Budget Reconciliation Act of 1981 (42 
     U.S.C. 9902)) that is applicable to a family of the size 
     involved.
        (3) Qualifying quarter.--The term ``qualifying quarter'' 
     means a three-month period in which the sponsored individual 
     has--
       (A) earned at least the minimum necessary for the period to 
     count as one of the 40 quarters required to qualify for 
     social security retirement benefits;
       (B) not received need-based public assistance; and
       (C) had income tax liability for the tax year of which the 
     period was part.
       (4) Appropriate court.--The term ``appropriate court'' 
     means--
       (A) a Federal court, in the case of an action for 
     reimbursement of benefits provided or funded, in whole or in 
     part, by the Federal Government; and
       (B) a State court, in the case of an action for 
     reimbursement of benefits provided under a State or local 
     program of assistance.
                                 ______


                    LEAHY AMENDMENTS NOS. 3780-3787

  (Ordered to lie on the table.)
  Mr. LEAHY submitted eight amendments intended to be proposed by him 
to amendment No. 3743 proposed by Mr. Simpson to the bill S. 1664, 
supra; as follows:

                           Amendment No. 3780

       Strike sections 131 and 132.
       Strike section 141 and insert the following:

     SEC. 141. SPECIAL EXCLUSION IN EXTRAORDINARY MIGRATION 
                   SITUATIONS.

       (a) In General.--The Immigration and Nationality Act is 
     amended by adding after section 236 (8 U.S.C. 1226) the 
     following new section:


       ``special exclusion in extraordinary migration situations

       ``Sec. 236A. (a) In General.--
       ``(1) Notwithstanding the provisions of sections 235(b) and 
     236, and subject to subsection (c), if the Attorney General 
     determines that the numbers or circumstances of aliens en 
     route to or arriving in the United States, by land, sea, or 
     air, present an extraordinary migration situation, the 
     Attorney General may, without referral to a special inquiry 
     officer, order the exclusion and deportation of any alien who 
     is found to be excludable under section 212(a) (6)(C) or (7).
       ``(2) As used in this section, the term `extraordinary 
     migration situation' means the arrival or imminent arrival in 
     the United States or its territorial waters of aliens who by 
     their numbers or circumstances substantially exceed the 
     capacity of the inspection and examination of such aliens.
       ``(3) Subject to paragraph (4), the determination whether 
     there exists an extraordinary migration situation within the 
     meaning of paragraphs (1) and (2) is committed to the sole 
     and exclusive discretion of the Attorney General.
       ``(4) The provisions of this subsection may be invoked 
     under paragraph (1) for a period not to exceed 90 days, 
     unless within such 90-day period or extension thereof, the 
     Attorney General determines, after consultation with the 
     Committees on the Judiciary of the Senate and the House of 
     Representatives, that an extraordinary migration situation 
     continues to warrant such procedures remaining in effect for 
     an additional 90-day period.
       ``(5) No alien may be ordered specially excluded under 
     paragraph (1) if--
       ``(A) such alien is eligible to seek asylum under section 
     208; and
       ``(B) the Attorney General determines, in the procedure 
     described in subsection (b), that such alien has a credible 
     fear of persecution on account of race, religion, 
     nationality, membership in a particular social group or 
     political opinion in the country of such person's 
     nationality, or in the case of a person having no 
     nationality, the country in which such person last habitually 
     resided.
       ``(6) A special exclusion order entered in accordance with 
     the provisions of this section is not subject to 
     administrative review other than as provided in this section, 
     except that the Attorney General shall provide by regulation 
     for a prompt administrative review of such an order against 
     an applicant who claims under oath, or as permitted under 
     penalty of perjury under section 1746 of title 28, United 
     States Code, after having been warned of the penalties for 
     falsely making such claim under such conditions, to have 
     been, and appears to have been, lawfully admitted for 
     permanent residence.
       ``(7) A special exclusion order entered in accordance with 
     the provisions of this section shall have the same effect as 
     if the alien had been ordered excluded and deported pursuant 
     to section 236.
       ``(8) Nothing in this subsection shall be construed as 
     requiring an inquiry before a special inquiry officer in the 
     case of an alien crewman.
       ``(b) Procedure for Using Special Exclusion.--(1) When the 
     Attorney General has determined pursuant to this section that 
     an extraordinary migration situation exists and an alien 
     subject to special exclusion under such section has indicated 
     a desire to apply for asylum or withholding of deportation 
     under section 243(h) or has indicated a fear of persecution 
     upon return, the immigration officer shall refer the matter 
     to an asylum officer.
       ``(2) Such asylum officer shall interview the alien to 
     determine whether the alien has a credible fear of 
     persecution (or of return to persecution) in or from the 
     country of such alien's nationality, or in the case of a 
     person having no nationality, the country in which such alien 
     last habitually resided.
       ``(3) The Attorney General shall provide information 
     concerning the procedures described in this section to any 
     alien who is subject to such provisions. The alien may 
     consult with or be represented by a person or persons of the 
     alien's choosing according to regulations prescribed by the 
     Attorney General. Such consultation and representation shall 
     be at no expense to the Government and shall not unreasonably 
     delay the process.
       ``(4) The application for asylum or withholding of 
     deportation of an alien who has been determined under the 
     procedure described in paragraph (2) to have a credible fear 
     of persecution shall be determined in due course by a special 
     inquiry officer during a hearing on the exclusion of such 
     alien.
       ``(5) If the officer determines that the alien does not 
     have a credible fear of persecution in (or of return to 
     persecution from) the country or countries referred to in 
     paragraph (2), the alien may be specially excluded and 
     deported in accordance with this section.
       ``(6) The Attorney General shall provide by regulation for 
     a single level of administrative appellate review of a 
     special exclusion order entered in accordance with the 
     provisions of this section.
       ``(7) As used in this section, the term `asylum officer' 
     means an immigration officer who--
       ``(A) has had extensive professional training in country 
     conditions asylum law, and interview techniques;
       ``(B) has had at least one year of experience adjudicating 
     affirmative asylum applications of aliens who are not in 
     special exclusion proceedings; and
       ``(C) is supervised by an officer who meets the 
     qualifications described in subparagraphs (A) and (B).
       ``(8) As used in this section, the term `credible fear of 
     persecution' means that, in light of statements and evidence 
     produced by the alien in support of the alien's claim, and of 
     such other facts as are known to the officer about country 
     conditions, a claim by the alien that the alien is eligible 
     for asylum under section 208 would not be manifestly 
     unfounded.
       ``(c) Aliens Fleeing Ongoing Armed Conflict, Torture, 
     Systematic Persecution, and Other Deprivations of Human 
     Rights.--Notwithstanding any other provision of this section, 
     the Attorney General may, in the Attorney General's 
     discretion, proceed in accordance with section 236 with 
     regard to any alien fleeing from a country where--
       ``(1) the government (or a group within the country that 
     the government is unable or unwilling to control) engages 
     in--
       ``(A) torture or other cruel, inhuman, or degrading 
     treatment or punishment;
       ``(B) prolonged arbitrary detention without charges or 
     trail;
       ``(C) abduction, forced disappearance or clandestine 
     detention; or
       ``(D) systematic persecution; or
       ``(2) on ongoing armed conflict or other extraordinary 
     conditions would pose a serious threat to the alien's 
     personal safety.''.
       ``(b) Conforming Amendments.--(1)(A) Section 235(b) of the 
     Immigration and Nationality Act (8 U.S.C. 1225b) is amended 
     to read as follows:
       ``(b) Each alien (other than an alien crewman), and except 
     as otherwise provided in subsection (c) of this section and 
     in section 273(d), who may not appear to the examining office 
     at the port of arrival to be clearly and beyond a doubt 
     entitled to land shall be detained for further inquiry to be 
     conducted by a special inquiry officer. The decision of the 
     examining immigration officer, if favorable to the admission 
     of any alien, shall be subject to challenge by any other 
     immigration

[[Page S4336]]

     officer and such challenge shall operate to take the alien, 
     whose privilege to land is so challenged, before a special 
     inquiry officer.''.
       ``(B) Section 237(a) of the Immigration and Nationality Act 
     (8 U.S.C. 1227(a) is amended--
       ``(i) in the second sentence of paragraph (1), by striking 
     ``Subject to section 235(b)(1), deportation'' and inserting 
     ``Deportation''; and
       ``(ii) in the first sentence of paragraph (2), by striking 
     ``Subject to section (b)(1), if'' and inserting ``If''.
       (2)(A) Section 106 of the Immigration and Nationality Act 
     (8 U.S.C. 1105a) is amended--
       (i) by striking subsection (e); and
       (ii) by amending the section heading to read as follows: 
     ``judicial review of orders of deportation and exclusion''.
       (B) Section 235(d) (8 U.S.C. 1225d) is repealed.
       (C) The item relating to section 106 in the table of 
     contents of the Immigration and Nationality Act is amended to 
     read as follows:

``106. Judicial review of orders of deportation and exclusion.''.

       ``(3) section 241(d) (8 U.S.C. 1251d) is repealed.
       In section 142, strike the new section 106(f) of the 
     Immigration and Nationality Act (8 U.S.C. 1105f).
       Strike section 193.
       On page 178, line 8, strike ``and subject to subsection 
     (b),''.
       Strike section 198(b).
                                                                    ____


                           Amendment No. 3781

       Strike section 198(b).
                                                                    ____


                           Amendment No. 3782

       Strike section 193.
                                                                    ____


                           Amendment No. 3783

       In section 142, strike the new section 106(f) of the 
     Immigration and Nationality Act (8 U.S.C. 1105f).
                                                                    ____


                           Amemdment No. 3784

       Strike section 141 and insert the following:

     SEC. 141. SPECIAL EXCLUSION IN EXTRAORDINARY MIGRATION 
                   SITUATIONS.

       (a) In General.--The Immigration and Nationality Act is 
     amended by adding after section 236 (8 U.S.C. 1226) the 
     following new section:


       ``special exclusion in extraordinary migration situations

       ``Sec. 236A. (a) In General.--
       ``(1) Notwithstanding the provisions of sections 235(b) and 
     236, and subject to subsection (c), if the Attorney General 
     determines that the numbers or circumstances of aliens en 
     route to or arriving in the United States, by land, sea, or 
     air, present an extraordinary migration situation, the 
     Attorney General may, without referral to a special inquiry 
     officer, order the exclusion and deportation of any alien who 
     is found to be excludable under section 212(a)(6)(C) or (7).
       ``(2) As used in this section, the term `extraordinary 
     migration situation' means the arrival or imminent arrival in 
     the United States or its territorial waters of aliens who by 
     their numbers or circumstances substantially exceed the 
     capacity of the inspection and examination of such aliens.
       ``(3) Subject to paragraph (4), the determination whether 
     there exists an extraordinary migration situation within the 
     meaning of paragraphs (1) and (2) is committed to the sole 
     and exclusive discretion of the Attorney General.
       ``(4) The provisions of this subsection may be invoked 
     under paragraph (1) for a period not to exceed 90 days, 
     unless within such 90-day period or extension thereof, the 
     Attorney General determines after consultation with the 
     Committees on the Judiciary of the Senate and the House of 
     Representatives, that an extraordinary migration situation 
     continues to warrant such procedures remaining in effect for 
     an additional 90-day period.
       ``(5) No alien may be ordered specially excluded under 
     paragraph (1) if--
       ``(A) such alien is eligible to seek asylum under section 
     208; and
       ``(B) the Attorney General determines, in the procedure 
     described in subsection (b), that such alien has a credible 
     fear of persecution on account of race, religion, 
     nationality, membership in a particular social group or 
     political opinion in the country of such person's 
     nationality, or in the case of a person having no 
     nationality, the country in which such person last habitually 
     resided.
       ``(6) A special exclusion order entered in accordance with 
     the provisions of this section is not subject to 
     administrative review other than as provided in this section, 
     except that the Attorney General shall provide by regulation 
     for a prompt administrative review of such an order against 
     an applicant who claims under oath, or as permitted under 
     penalty of perjury under section 1746 of title 28, United 
     States Code, after having been warned of the penalties for 
     falsely making such claim under such conditions, to have 
     been, and appears to have been, lawfully admitted for 
     permanent residence.
       ``(7) A special exclusion order entered in accordance with 
     the provisions of this section shall have the same effect as 
     if the alien had been ordered excluded and deported pursuant 
     to section 236.
       ``(8) Nothing in this subsection shall be construed as 
     requiring an inquiry before a special inquiry officer in the 
     case of an alien crewman.
       ``(b) Procedure for Using Special Exclusion.--(1) When the 
     Attorney General has determined pursuant to this section that 
     an extraordinary migration situation exists and an alien 
     subject to special exclusion under such section has indicated 
     a desire to apply for asylum or withholding of deportation 
     under section 243(h) or has indicated a fear of persecution 
     upon return, the immigration officer shall refer the matter 
     to an asylum officer.
       ``(2) Such asylum officer shall interview the alien to 
     determine whether the alien has a credible fear of 
     persecution (or of return to persecution) in or from the 
     country of such alien's nationality, or in the case of a 
     person having no nationality, the country in which such alien 
     last habitually resided.
       ``(3) The Attorney General shall provide information 
     concerning the procedures described in this section to any 
     alien who is subject to such provisions. The alien may 
     consult with or be represented by a person or persons of the 
     alien's choosing according to regulations prescribed by the 
     Attorney General. Such consultation and representation shall 
     be at no expense to the Government and shall not unreasonably 
     delay the process.
       ``(4) The application for asylum or withholding of 
     deportation of an alien who has been determined under the 
     procedure described in paragraph (2) to have a credible fear 
     of persecution shall be determined in due course by a special 
     inquiry officer during a hearing on the exclusion of such 
     alien.
       ``(5) If the officer determines that the alien does not 
     have a credible fear of persecution in (or of return to 
     persecution from) the country or countries referred to in 
     paragraph (2), the alien may be specially excluded and 
     deported in accordance with this section.
       ``(6) The Attorney General shall provide by regulation for 
     a single level of administrative appellate review of a 
     special exclusion order entered in accordance with the 
     provisions of this section.
       ``(7) As used in this section, the term `asylum officer' 
     means an immigration officer who--
       ``(A) has had extensive professional training in country 
     conditions, asylum law, and interview techniques;
       ``(B) has had at least one year of experience adjudicating 
     affirmative asylum applications of aliens who are not in 
     special exclusion proceedings; and
       ``(C) is supervised by an officer who meets the 
     qualifications described in subparagraphs (A) and (B).
       ``(8) As used in this section, the term `credible fear of 
     persecution' means that, in light of statements and evidence 
     produced by the alien in support of the alien's claim, and of 
     such other facts as are known to the officer about country 
     conditions, a claim by the alien that the alien is eligible 
     for asylum under section 208 would not be manifestly 
     unfounded.
       ``(c) Aliens Feeling Ongoing Armed Conflict, Torture, 
     Systematic Persecution, and Other Deprivations of Human 
     Rights.--Notwithstanding any other provision of this section, 
     the Attorney General, in the Attorney General's discretion, 
     proceed in accordance with section 236 with regard to any 
     alien fleeing from a country where--
       ``(1) the government (or a group within the country that 
     the government is unable or unwilling to control) engages 
     in--
       ``(A) torture or other cruel, inhuman, or degrading 
     treatment or punishment;
       ``(B) prolonged arbitrary detention without charges or 
     trial;
       ``(C) abduction, forced disappearance or clandestine 
     detention; or
       ``(D) systematic persecution; or
       ``(2) an ongoing armed conflict or other extraordinary 
     conditions would pose a serious threat to the alien's 
     personal safety.''.
       ``(b) Conforming Amendments.--(1)(A) Section 235(b) of the 
     Immigration and Nationality Act (8 U.S.C. 1225b) is amended 
     to read as follows:
       ``(b) Every alien (other than an alien crewman), and except 
     as otherwise provided in subsection (c) of this section and 
     in section 273(d), who may not appear to the examining 
     officer at the port of arrival to be clearly and beyond a 
     doubt entitled to land shall be detained for further inquiry 
     to be conducted by a special inquiry officer. The decision of 
     the examining immigration officer, if favorable to the 
     admission of any alien, whose privilege to land is so 
     challenged, before a special inquiry officer.''.
       ``(B) Section 237(a) of the Immigration and Nationality Act 
     (8 U.S.C. 1227a) is amended--
       ``(i) in the second sentence of paragraph (1), by striking 
     ``Subject to section 235(b)(1), deportation'' and inserting 
     ``Deportation''; and
       ``(ii) in the first sentence of paragraph (2), by striking 
     ``Subject to section (b)(1), if'' and inserting ``If'.
       ``(A) Section 106 of the Immigration and Nationality Act (8 
     U.S.C. 1105a) is amended--
       ``(i) by striking subsection (e); and
       ``(ii) by amending the section heading to read as follows: 
     ``JUDICIAL REVIEW OF ORDERS OF DEPORTATION AND EXCLUSION''.
       ``(B) Section 235(d) (8 U.S.C. 1225d) is repealed.
       ``(C) The item relating to section 106 in the table of 
     contents of the Immigration and Nationality Act is amended to 
     read as follows:

``106. Judicial review of orders of deportation and exclusion.''.

       ``(3) Section 241(d) (8 U.S.C. 1251d) is repealed.

[[Page S4337]]



                           Amendment No. 3785

       Strike sections 131 and 132.
                                                                    ____


                           Amendment No. 3786

       On page 178, line 8, strike ``and subject to subsection 
     (b),''.
       Strike section 198(b).
                                                                    ____


                           Amendment No. 3787

       Beginning on page 180, strike line 6 and all that follows 
     through page 201, line 4, and insert the following:
       (iv) 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)),

       (v) 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 diseases, and
       (vi) such other service or 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; or

       (B) any grant, contract, loan, professional license, or 
     commercial license provided or funded by any agency of the 
     United States or any State or local government entity, 
     except, with respect to a nonimmigrant authorized to work in 
     the United States, any professional or commercial license 
     required to engage in such work, if the nonimmigrant is 
     otherwise qualified for such license.
       (2) Benefits of residence.--Notwithstanding any other 
     provision of law, no State or local government entity shall 
     consider any ineligible alien as a resident when to do so 
     would place such alien in a more favorable position, 
     regarding access to, or the cost of, any benefit or 
     government service, than a United States citizen who is not 
     regarded as such a resident.
       (3) Notification of aliens.--
       (A) In general.--The agency administering a program 
     referred to in paragraph (1)(A) or providing benefits 
     referred to in paragraph (1)(B) shall, directly or, in the 
     case of a Federal agency, through the States, notify 
     individually or by public notice, all ineligible aliens who 
     are receiving benefits under a program referred to in 
     paragraph (1)(A), or are receiving benefits referred to in 
     paragraph (1)(B), as the case may be, immediately prior to 
     the date of the enactment of this Act and whose eligibility 
     for the program is terminated by reason of this subsection.
       (B) Failure to give notice.--Nothing in subparagraph (A) 
     shall be construed to require or authorize continuation of 
     such eligibility if the notice required by such paragraph is 
     not given.
       (4) Limitation on pregnancy services for undocumented 
     aliens.--
       (A) 3-year continuous residence.--An ineligible alien may 
     not receive the services described in paragraph (1)(A)(ii) 
     unless such alien can establish proof of continuous residence 
     in the United States for not less than 3 years, as determined 
     in accordance with section 245a.2(d)(3) of title 8, Code of 
     Federal Regulations as in effect on the day before the date 
     of the enactment of this Act.
       (B) Limitation on expenditures.--Not more than $120,000,000 
     in outlays may be expended under title XIX of the Social 
     Security Act for reimbursement of services described in 
     paragraph (1)(A)(ii) that are provided to individuals 
     described in subparagraph (A).
       (C) Continued services by current states.--States that have 
     provided services described in paragraph (1)(A)(ii) for a 
     period of 3 years before the date of the enactment of this 
     Act shall continue to provide such services and shall be 
     reimbursed by the Federal Government for the costs incurred 
     in providing such services. States that have not provided 
     such services before the date of the enactment of this Act, 
     but elect to provide such services after such date, shall be 
     reimbursed for the costs incurred in providing such services. 
     In no case shall States be required to provide services in 
     excess of the amounts provided in subparagraph (B).
       (b) Unemployment Benefits.--Notwithstanding any other 
     provision of law, only eligible aliens who have been granted 
     employment authorization pursuant to Federal law, and United 
     States citizens or nationals, may receive unemployment 
     benefits payable out of Federal funds, and such eligible 
     aliens may receive only the portion of such benefits which is 
     attributable to the authorized employment.
       (c) Social Security Benefits.--
       (1) In general.--Notwithstanding any other provision of 
     law, only eligible aliens who have been granted employment 
     authorization pursuant to Federal law and United States 
     citizen or nationals may receive any benefit under title II 
     of the Social Security Act, and such eligible aliens may 
     receive only the portion of such benefits which is 
     attributable to the authorized employment.
       (2) No refund or reimbursement.--Notwithstanding any other 
     provision of law, no tax or other contribution required 
     pursuant to the Social Security Act (other than by an 
     eligible alien who has been granted employment authorization 
     pursuant to Federal law, or by an employer of such alien) 
     shall be refunded or reimbursed, in whole or in part.
       (d) 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 (Public Law 96-
     399; 94 Stat. 1637) and containing statistics with respect to 
     the number of individuals denied financial assistance under 
     such section.
       (e) Nonprofit, Charitable Organizations.--
       (1) In general.--Nothing in this Act shall be construed as 
     requiring a nonprofit charitable organization operating any 
     program of assistance provided or funded, in whole or in 
     part, by the Federal Government to--
       (A) determine, verify, or otherwise require proof of the 
     eligibility, as determined under this title, of any applicant 
     for benefits or assistance under such program; or
       (B) deem that the income or assets of any applicant for 
     benefits or assistance under such program include the income 
     or assets described in section 204(b).
       (2) No effect on federal authority to determine 
     compliance.--Nothing in this subsection shall be construed as 
     prohibiting the Federal Government from determining the 
     eligibility, under this section or section 204, of any 
     individual for benefits under a public assistance program (as 
     defined in subsection (f)(3)) or for government benefits (as 
     defined in subsection (f)(4)).
       (f) Definitions.--For the purposes of this section--
       (1) Eligible alien.--The term ``eligible alien'' means an 
     individual who is--
       (A) an alien lawfully admitted for permanent residence 
     under the Immigration and Nationality Act,
       (B) an alien granted asylum under section 208 of such Act,
       (C) a refugee admitted under section 207 of such Act,
       (D) an alien whose deportation has been withheld under 
     section 243(h) of such Act, or
       (E) an alien paroled into the United States under section 
     212(d)(5) of such Act for a period of at least 1 year.
       (2) Ineligible alien.--The term ``ineligible alien'' means 
     an individual who is not--
       (A) a United States citizen or national; or
       (B) an eligible alien.
       (3) Public assistance program.--The term ``public 
     assistance program'' means any program of assistance provided 
     or funded, in whole or in part, by the Federal Government or 
     any State or local government entity, for which eligibility 
     for benefits is based on need.
       (4) Government benefits.--The term ``government benefits'' 
     includes--
       (A) any grant, contract, loan, professional license, or 
     commercial license provided or funded by any agency of the 
     United States or any State or local government entity, 
     except, with respect to a nonimmigrant authorized to work in 
     the United States, any professional or commercial license 
     required to engage in such work, if the nonimmigrant is 
     otherwise qualified for such license;
       (B) unemployment benefits payable out of Federal funds;
       (C) benefits under title II of the Social Security Act;
       (D) financial assistance for purposes of section 214(a) of 
     the Housing and Community Development Act of 1980 (Public Law 
     96-399; 94 Stat. 1637); and
       (E) benefits based on residence that are prohibited by 
     subsection (a)(2).

     SEC. 202. DEFINITION OF ``PUBLIC CHARGE'' FOR PURPOSES OF 
                   DEPORTATION.

       (a) In General.--Section 241(a)(5) (8 U.S.C. 1251(a)(5)) is 
     amended to read as follows:
       ``(5) Public charge.--
       ``(A) In general.--Any alien who during the public charge 
     period becomes a public charge, regardless of when the cause 
     for becoming a public charge arises, is deportable.
       ``(B) Exceptions.--Subparagraph (A) shall not apply if the 
     alien is a refugee or has been granted asylum, or 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 a mental 
     disability that required continuous hospitalization.
       ``(C) Definitions.--
       ``(i) Public charge period.--For purposes of subparagraph 
     (A), the term `public charge

[[Page S4338]]

     period' means the period beginning on the date the alien 
     entered the United States and ending--

       ``(I) for an alien who entered the United States as an 
     immigrant, 5 years after entry, or
       ``(II) for an alien who entered the United States as a 
     nonimmigrant, 5 years after the alien adjusted to permanent 
     resident status.

       ``(ii) Public charge.--For purposes of subparagraph (A), 
     the term `public charge' includes any alien who receives 
     benefits under any program described in subparagraph (D) for 
     an aggregate period of more than 12 months.
       ``(D) Programs described.--The programs described in this 
     subparagraph are the following:
       ``(i) The aid to families with dependent children program 
     under title IV of the Social Security Act.
       ``(ii) The medicaid program under title XIX of the Social 
     Security Act.
       ``(iii) The food stamp program under the Food Stamp Act of 
     1977.
       ``(iv) The supplemental security income program under title 
     XVI of the Social Security Act.
       ``(v) Any State general assistance program.
       ``(vi) Any other program of assistance funded, in whole or 
     in part, by the Federal Government or any State or local 
     government entity, for which eligibility for benefits is 
     based on need, except the programs listed as exceptions in 
     clauses (i) through (vi) of section 201(a)(1)(A) of the 
     Immigration Reform Act of 1996.''.
       (b) Construction.--Nothing in subparagraph (B), (C), or (D) 
     of section 241(a)(5) of the Immigration and Nationality Act, 
     as amended by subsection (a), may be construed to affect or 
     apply to any determination of an alien as a public charge 
     made before the date of the enactment of this Act.
       (c) Review of Status.--
       (1) In general.--In reviewing any application by an alien 
     for benefits under section 216, section 245, or chapter 2 of 
     title III of the Immigration and Nationality Act, the 
     Attorney General shall determine whether or not the applicant 
     is described in section 241(a)(5)(A) of such Act, as so 
     amended.
       (2) Grounds for denial.--If the Attorney General determines 
     that an alien is described in section 241(a)(5)(A) of the 
     Immigration and Nationality Act, the Attorney General shall 
     deny such application and shall institute deportation 
     proceedings with respect to such alien, unless the Attorney 
     General exercises discretion to withhold or suspend 
     deportation pursuant to any other section of such Act.
       (d) Effective Date.--This section and the amendments made 
     by this section shall apply to aliens who enter the United 
     States on or after the date of the enactment of this Act and 
     to aliens who entered as nonimmigrants before such date but 
     adjust or apply to adjust their status after such date.

     SEC. 203. REQUIREMENTS FOR SPONSOR'S AFFIDAVIT OF SUPPORT.

       (a) Enforceability.--No affidavit of support may be relied 
     upon 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) of the Immigration and Nationality 
     Act unless such affidavit is executed as a contract--
       (1) which is legally enforceable against the sponsor by the 
     sponsored individual, or by the Federal Government or any 
     State, district, territory, or possession of the United 
     States (or any subdivision of such State, district, 
     territory, or possession of the United States) that provides 
     any benefit described in section 241(a)(5)(D), as amended by 
     section 202(a) of this Act, but not later than 10 years after 
     the sponsored individual last receives any such benefit;
       (2) in which the sponsor agrees to financially support the 
     sponsored individual, so that he or she will not become a 
     public charge, until the sponsored individual has worked in 
     the United States for 40 qualifying quarters or has become a 
     United States citizen, whichever occurs first; and
       (3) in which the sponsor agrees to submit to the 
     jurisdiction of any Federal or State court for the purpose of 
     actions brought under subsection (d) or (e).
       (b) Forms.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary of State, the Attorney 
     General, and the Secretary of Health and Human Services shall 
     jointly formulate the affidavit of support described in this 
     section.
       (c) Notification of Change of Address.--
       (1) General requirement.--The sponsor shall notify the 
     Attorney General and the State, district, territory, or 
     possession in which the sponsored individual is currently a 
     resident within 30 days of any change of address of the 
     sponsor during the period specified in subsection (a)(1).
       (2) Penalty.--Any person subject to the requirement of 
     paragraph (1) who fails to satisfy such requirement shall, 
     after notice and opportunity to be heard, 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 individual has received any benefit described in 
     section 241(a)(5)(D) of the Immigration and Nationality Act, 
     as amended by section 202(a) of this Act, not less than 
     $2,000 or more than $5,000.
       (d) Reimbursement of Government Expenses.--
       (1) In general.--
       (A) Request for reimbursement.--Upon notification that a 
     sponsored individual has received any benefit described in 
     section 241(a)(5)(D) of the Immigration and Nationality Act, 
     as amended by section 202(a) of this Act, the appropriate 
     Federal, State, or local official shall request reimbursement 
     from the sponsor for the amount of such assistance.
       (B) Regulations.--The Commissioner of Social Security shall 
     prescribe such regulations as may be necessary to carry out 
     subparagraph (A). Such regulations shall provide that 
     notification be sent to the sponsor's last known address by 
     certified mail.
       (2) Action against sponsor.--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 make payments, an action may be 
     brought against the sponsor pursuant to the affidavit of 
     support.
       (3) Failure to meet repayment terms.--If the sponsor agrees 
     to make payments, but fails to abide by the repayment terms 
     established by the agency, the agency may, within 60 days of 
     such failure, bring an action against the sponsor pursuant to 
     the affidavit of support.
       (e) Jurisdiction.--
       (1) In general.--An action to enforce an affidavit of 
     support executed under subsection (a) may be brought against 
     the sponsor in any Federal or State court--
       (A) by a sponsored individual, with respect to financial 
     support; or
       (B) by a Federal, State, or local agency, with respect to 
     reimbursement.
       (2) Court may not decline to hear case.--For purposes of 
     this section, no Federal or State court shall decline for 
     lack of subject matter or personal jurisdiction to hear any 
     action brought against a sponsor under paragraph (1) if--
       (A) the sponsored individual is a resident of the State in 
     which the court is located, or received public assistance 
     while residing in the State; and
       (B) such sponsor has received service of process in 
     accordance with applicable law.
       (f) Definitions.--For purposes of this section--
       (1) Sponsor.--The term ``sponsor'' means an individual 
     who--
       (A) is a United States citizen or national or an alien who 
     is lawfully admitted to the United States for permanent 
     residence;
       (B) is at least 18 years of age;
       (C) is domiciled in any of the several States of the United 
     States, the District of Columbia, or any territory or 
     possession of the United States; and
       (D) demonstrates the means to maintain an annual income 
     equal to at least 125 percent of the Federal poverty line for 
     the individual and the individual's family (including the 
     sponsored alien and any other alien sponsored by the 
     individual), through evidence that includes a copy of the 
     individual's Federal income tax return for the 3 most recent 
     taxable years (which returns need show such level of annual 
     income only in the most recent taxable year) and a written 
     statement, executed under oath or as permitted under penalty 
     of perjury under section 1746 of title 28, United States 
     Code, that the copies are true copies of such returns.
     In the case of an individual who is on active duty (other 
     than active duty for training) in the Armed Forces of the 
     United States, subparagraph (D) shall be applied by 
     substituting ``100 percent'' for ``125 percent''.
       (2) Federal poverty line.--The term ``Federal poverty 
     line'' means the level of income equal to the official 
     poverty line (as defined by the Director of the Office of 
     Management and Budget, as revised annually by the Secretary 
     of Health and Human Services, in accordance with section 
     673(2) of the Omnibus Budget Reconciliation Act of 1981 (42 
     U.S.C. 9902)) that is applicable to a family of the size 
     involved.
       (3) Qualifying quarter.--The term ``qualifying quarter'' 
     means a three-month period in which the sponsored individual 
     has--
       (A) earned at least the minimum necessary for the period to 
     count as one of the 40 quarters required to qualify for 
     social security retirement benefits;
       (B) not received need-based public assistance; and
       (C) had income tax liability for the tax year of which the 
     period was part.

     SEC. 204. ATTRIBUTION OF SPONSOR'S INCOME AND RESOURCES TO 
                   FAMILY-SPONSORED IMMIGRANTS.

       (a) Deeming Requirement for Federal and Federally Funded 
     Programs.--Subject to subsection (d), for purposes of 
     determining the eligibility of an alien for benefits, and the 
     amount of benefits, under any public assistance program (as 
     defined in section 201(f)(3)), the income and resources 
     described in subsection (b) shall, notwithstanding any other 
     provision of law, be deemed to be the income and resources of 
     such alien.
       (b) Deemed Income and Resources.--The income and resources 
     described in this subsection include the income and resources 
     of--
       (1) any person who, as a sponsor of an alien's entry into 
     the United States, or in order to enable an alien lawfully to 
     remain in the United States, executed an affidavit of support 
     or similar agreement with respect to such alien, and
       (2) the sponsor's spouse.
       (c) Length of Deeming Period.--The requirement of 
     subsection (a) shall apply for the period for which the 
     sponsor has agreed, in such affidavit or agreement, to 
     provide support for such alien, or for a period of 5

[[Page S4339]]

     years beginning on the day such alien was first lawfully in 
     the United States after the execution of such affidavit or 
     agreement, whichever period is longer.
       (d) Exceptions.--
       (1) Indigence.--
       (A) In general.--If a determination described in 
     subparagraph (B) is made, the amount of income and resources 
     of the sponsor or the sponsor's spouse which shall be 
     attributed to the sponsored alien shall not exceed the amount 
     actually provided for a period--
       (i) beginning on the date of such determination and ending 
     12 months after such date, or
       (ii) if the address of the sponsor is unknown to the 
     sponsored alien, beginning on the date of such determination 
     and ending on the date that is 12 months after the address of 
     the sponsor becomes known to the sponsored alien or to the 
     agency (which shall inform such alien of the address within 7 
     days).
       (B) Determination described.--A determination described in 
     this subparagraph is a determination by an agency that a 
     sponsored alien would, in the absence of the assistance 
     provided by the agency, be unable to obtain food and shelter, 
     taking into account the alien's own income, plus any cash, 
     food, housing, or other assistance provided by other 
     individuals, including the sponsor.
       (2) Education assistance.--
       (A) In general.--The requirements of subsection (a) shall 
     not apply with respect to sponsored aliens who have received, 
     or have been approved to receive, student assistance under 
     title IV, V, IX, or X of the Higher Education Act of 1965 in 
     an academic year which ends or begins in the calendar year in 
     which this Act is enacted.
       (B) Duration.--The exception described in subparagraph (A) 
     shall apply only for the period normally required to complete 
     the course of study for which the sponsored alien receives 
     assistance described in that subparagraph.
       (3) Certain services and assistance.--The requirements of 
     subsection (a) shall not apply to any service or assistance 
     described in clause (iv) or (vi) of section 201(a)(1)(A).
                                 ______


                HUTCHISON (AND LEAHY) AMENDMENT NO. 3788

  (Ordered to lie on the table.)
  Mrs. HUTCHISON (for herself and Mr. Leahy) submitted an amendment 
intended to be proposed by them to amendment No. 3743 proposed by Mr. 
Simpson to the bill S. 1664, supra; as follows:

       At the appropriate place in the matter proposed to be 
     inserted, insert the following new section:

     SEC.  . APPROPRIATIONS FOR CRIMINAL ALIEN TRACKING CENTER.

       Section 130002(b) of the Violent Crime Control and Law 
     Enforcement Act of 1994 (8 U.S.C. 1252 note) is amended--
       (1) by inserting ``and'' after ``1996;'', and
       (2) by striking paragraph (2) and all that follows through 
     the end period and inserting the following:
       ``(2) $5,000,000 for each of fiscal years 1997 through 
     2001.''.
                                 ______


                       MURRAY AMENDMENT NO. 3789

  Mrs. MURRAY submitted an amendment intended to be proposed by her to 
amendment No. 3743 proposed by Mr. Simpson to the bill S. 1664, supra; 
as follows:

       On page 201 of the matter proposed to be inserted, between 
     lines 4 and 5, insert the following:
       (4) Children found eligible for foster care, transitional 
     living programs, or adoption assistance after entry.--The 
     requirements of subsection (a) shall not apply with respect 
     to any alien lawfully admitted to the United States for 
     permanent residence who is eligible for foster care, a 
     transitional living program, or adoption assistance under 
     title IV of the Social Security Act.
                                 ______


                   BRADLEY AMENDMENTS NOS. 3790-3792

  (Ordered to lie on the table.)
  Mr. BRADLEY submitted three amendments intended to be proposed by him 
to amendment No. 3743 proposed by Mr. Simpson to the bill S. 1664, 
supra; as follows:

                           Amendment No. 3790

       On page 47 of the amendment, strike line 1 and all that 
     follows through line 21 and insert the following:

     SEC.   . ENFORCEMENT OF EMPLOYER SANCTIONS.

       (a) Establishment of New Office.--There shall be in the 
     Immigration and Naturalization Service of the Department of 
     Justice an Office for the Enforcement of Employer Sanctions 
     (in this section referred to as the ``Office'').
       (b) Functions.--The functions of the Office established 
     under subsection (a) shall be--
       (1) to investigate and prosecute violations of section 
     274A(a) of the Immigration and Nationality Act (8 U.S.C. 
     1324a(a)); and
       (2) to educate employers on the requirements of the law and 
     in other ways as necessary to prevent employment 
     discrimination.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Attorney General $100,000,000 to 
     carry out the functions of the Office established under 
     subsection (a).
                                                                    ____


                           Amendment No. 3791

       On page 7, line 4, before the period insert the following: 
     ``of which number not less than 150 full-time active-duty 
     investigators in each such fiscal year shall perform only the 
     functions of investigating and prosecuting violations of 
     section 274A(a) of the Immigration and Nationality Act (8 
     U.S.C. 1324a(a)).''
                                                                    ____


                           Amendment No. 3792

       On page 47, strike lines 1 through 21 and insert the 
     following:

     SEC. 120B. OFFICE FOR EMPLOYER SANCTIONS.

       (a) Establishment; Functions.--There is established within 
     the Department of Justice an Office for Employer Sanctions 
     charged with the responsibility of--
       (1) providing advice and guidance to employers and 
     employees relating to unlawful employment of aliens under 
     section 274A of the Immigration and Nationality Act and 
     unfair immigration-related employment practices under 274B of 
     such Act;
       (2) assisting employers in complying with those laws; and
       (3) coordinating other functions related to the enforcement 
     under this Act of employer sanctions.
       (b) Composition.--The members of the Office shall be 
     designated by the Attorney General from among officers or 
     employees of the Immigration and Naturalization Service or 
     other components of the Department of Justice.
       (c) Annual Report.--The Office shall report annually to the 
     Attorney General on its operations.
                                 ______


                  WELLSTONE AMENDMENTS NOS. 3793-3795

  (Ordered to lie on the table.)
  Mr. WELLSTONE submitted three amendments to be proposed by him to 
amendment No. 3743 proposed by Mr. Simpson to the bill S. 1664, supra; 
as follows:

                           Amendment No. 3793

       On page 190, after line 25, add the following:
       ``(E) Special Rule for Battered Women and Children.--(i) 
     For purposes of any determination under subparagraph (A), and 
     except as provided under clause (ii), the aggregate period 
     shall be 48 months within the first 7 years of entry if the 
     alien can demonstrate that (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 extreme 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, and the need for the public benefits received has a 
     connection to the battery or cruelty described in subclause 
     (I) or (II).
       ``(ii) For the purposes of a determination under 
     subparagraph (A), the aggregate period may exceed 48 months 
     within the first 7 years of entry if the alien can 
     demonstrate that any battery or cruelty under clause (ii) is 
     ongoing, has led to the issuance of an order of a judge or an 
     administrative law judge or a prior determination of the 
     Service, and that such battery or cruelty has a causal 
     relationship to the need for the benefits received.
                                                                    ____


                           Amendment No. 3794

       On page 202 of the amendment, between lines 5 and 6, insert 
     the following:
       (f) Special Rule for Battered Women and Children.--
     Notwithstanding any other provision of law, subsection (a) 
     shall not apply.--
       (1) for up to 48 months if the alien can demonstrate that 
     (A) 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 to 
     or acquiesced to such battery or cruelty, or (B) the alien's 
     child has been battered or subjected to extreme cruelty in 
     the United States by the 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's 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, and the 
     battery or cruelty described in clause (i) or (ii) has a 
     causal relationship to the need for the public benefits 
     applied; and
       (2) for more than 48 months if the alien can demonstrate 
     that such battery or cruelty under paragraph (1) is ongoing, 
     has led to the issuance of an order of a judge or 
     administrative law judge or a prior determination of the 
     Service and that such battery or cruelty has a causal 
     relationship to the need for the benefits received.
                                                                    ____


[[Page S4340]]

                           Amendment No. 3795

       On page 187 of the amendment, after line 3, insert the 
     following:
       (F) an alien who--
       (i) 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; and
       (ii) has petitioned (or petitions within 45 days after the 
     first application for means-tested government assistance 
     under SSI, AFDC, social services block grants; Medicaid, food 
     stamps, or housing assistance) for--
       (I) status as a spouse or a child of a United States 
     citizen pursuant to clause (ii), (iii), or (iv) of section 
     204(a)(1)(A) of the Immigration and Nationality Act,
       (II) classification pursuant to clause (ii) or (iii) of 
     section 204(a)(1)(B) of the Act, or
       (III) suspension of deportation and adjustment of status 
     pursuant to section 244(a)(3) of such Act, or
       (iii) is the beneficiary of a petition for status as a 
     spouse or child of a United States citizen pursuant to clause 
     (i) of section 204(a)(1)(A) of the Immigration and 
     Nationality Act, or of a petition filed for classification 
     pursuant to clause (i) of section 204(a)(1)(B) of such Act; 
     or
       (G) an alien whose child--
       (i) has been battered or subjected to extreme cruelty in 
     the United States by a spouse or a parent of the alien 
     (without the active participation of the alien in the battery 
     or extreme cruelty), 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, and the alien did not actively participate in such 
     battery or cruelty; and
       (ii) has petitioned (or petitions within 45 days after the 
     first application for assistance from a means-tested 
     government assistance program) for--
       (I) status as a spouse or a child of a United States 
     citizen pursuant to clause (ii), (iii), or (iv) of section 
     204(a)(1)(A) of the Immigration and Nationality Act,
       (II) classification pursuant to clause (ii) or (iii) of 
     section 204(a)(1)(B) of the Act, or
       (III) suspension of deportation and adjustment of status 
     pursuant to section 244(a)(3) of such Act, or
       (iii) is the beneficiary of a petition for status as a 
     spouse or child of a United States citizen pursuant to clause 
     (i) of section 204(a)(1)(A) of the Immigration and 
     Nationality Act, or of a petition filed for classification 
     pursuant to clause (i) of section 204(a)10(B) of such Act.
                                 ______


                 SHELBY (AND OTHERS) AMENDMENT NO. 3796

  (Ordered to lie on the table.)
  Mr. SHELBY (for himself, Mr. Cochran, Mr. Coverdell, Mr. Inhofe, Mr. 
Faircloth, Mr. Helms, Mr. Thomas, Mr. Warner, Mr. Pressler, Mr. Byrd, 
Mr. Coats, Mr. Grams, Mr. Lott, Mr. Thurmond, Mr. Craig, Mr. Simpson, 
and Mr. Murkowski) submitted an amendment intended to be proposed by 
them to amendment No. 3743 proposed by Mr. Simpson to the bill S. 1664, 
supra; as follows:

       At the appropriate place in the bill, insert the following:

     SEC.   . LANGUAGE OF GOVERNMENT ACT OF 1996.

       (a) Short Title.--This section may be cited as the 
     ``Language of Government Act of 1996''.
       (b) Findings and Construction.--
       (1) Findings.--The Congress finds and declares that--
       (A) the United States is comprised of individuals and 
     groups from diverse ethnic, cultural, and linguistic 
     backgrounds;
       (B) the United States has benefited and continues to 
     benefit from this rich diversity;
       (C) throughout the history of the Nation, the common thread 
     binding those of differing backgrounds has been a common 
     language;
       (D) in order to preserve unity in diversity, and to prevent 
     division along linguistic lines, the United States should 
     maintain a language common to all people;
       (E) English has historically been the common language and 
     the language of opportunity in the United States.
       (F) Native American languages have a unique status because 
     they exist nowhere else in the world, and in creating a 
     language policy for the United States Government, due 
     consideration must be given to Native American languages and 
     the policies and laws assisting their survival, 
     revitalization, study, and use;
       (G) a purpose of this Act is to help immigrants better 
     assimilate and take full advantage of economic and 
     occupational opportunities in the United States;
       (H) by learning the English language, immigrants will be 
     empowered with the language skills and literacy necessary to 
     become responsible citizens and productive workers in the 
     United States.
       (I) the use of a single common language in the conduct of 
     the Federal Government's official business will promote 
     efficiency and fairness to all people;
       (J) English should be recognized in law as the language of 
     official business of the Federal Government; and
       (K) any monetary savings derived by the Federal Government 
     from the enactment of this Act should be used for the 
     teaching of non-English speaking immigrants the English 
     language.
       (2) Construction.--The amendments made by subsection (c)--
       (A) are not intended in any way to discriminate or restrict 
     the rights of any individual in the United States.
       (B) are not intended to discourage or prevent the use of 
     languages other that English in any nonofficial capacity; and
       (C) except where an existing law of the United States 
     directly contravenes the amendments made by subsection (c) 
     (such as by requiring the use of a language other than 
     English for official business of the Government of the United 
     States), are not intended to repeal existing laws of the 
     United States.
       (c) English as the Official Language of Government.--
       (1) In general.--Title 4, United States Code, is amended by 
     adding at the end the following new chapter:

                ``CHAPTER 6--LANGUAGE OF THE GOVERNMENT

``Sec.
``161. Declaration of official language of Government.
``162. Preserving and enhancing the role of the official language.
``163. Official Government activities in English.
``164. Standing.
``165. Definitions.

     ``Sec. 161. Declaration of official language of Government

       ``The official language of the Government of the United 
     States is English.

     ``Sec. 162. Preserving and enhancing the role of the official 
       language

       ``The Government shall have an affirmative obligation to 
     preserve and enhance the role of Englas the official language 
     of the United States Government. Such obligation shall 
     include encouraging greater opportunities for individuals to 
     learn the English language.

     ``Sec. 163. Official Government activities in English

       ``(a) Conduct of Business.--The Government shall conduct 
     its official business in English.
       ``(b) Denial of Services.--No person shall be denied 
     services, assistance, or facilities, directly or indirectly 
     provided by the Government solely because the person 
     communicates in English.
       ``(c) Entitlement.--Every person in the United States is 
     entitled to--
       ``(1) communicate with the Government in English;
       ``(2) receive information from or contribute information to 
     the Government in English; and
       ``(3) be informed of or be subject to official orders in 
     English.

     ``Sec. 164. Standing

       ``Any person alleging injury arising from a violation of 
     this chapter shall have standing to sue in the courts of the 
     United States under sections 2201 and 2202 of title 28, 
     United States Code, and for such other relief as may be 
     considered appropriate by the courts.

     ``Sec. 165. Definitions

       ``For purposes of this chapter:
       ``(1) Government.--The term `Government' means all branches 
     of the Government of the United State and all employees and 
     officials of the Government of the United States while 
     performing official business.
       ``(2) Official business.--The term `official business' 
     means those governmental actions, documents, or policies 
     which are enforceable with the full weight and authority of 
     the Government, but does not include--
       ``(A) use of indigenous languages or Native American 
     languages, or the teaching of foreign languages in 
     educational settings;
       ``(B) actions, documents, or policies that are not 
     enforceable in the United States;
       ``(C) actions, documents, or policies necessary for 
     international relations, trade, or commerce;
       ``(D) actions or documents that protect the public health 
     or the environment;
       ``(E) actions that protect the rights of victims of crimes 
     or criminal defendants;
       ``(F) documents that utilize terms of art or phrases form 
     languages other than English;
       ``(G) bilingual education, bilingual ballots, or activities 
     pursuant to the Native American Languages Act (25 U.S.C. 2901 
     et seq.); and
       ``(H) elected officials, who posses a proficiency in a 
     language other than English, using that language to provide 
     information orally to their constituents.''.
       (2) Conforming amendment.--The table of chapters for title 
     4, United States Code, is amended by adding at the end the 
     following new item:

``6. Language of the Government 161''.

       (d) Preemption.--This section (and the amendments made by 
     this section) shall not preempt any law of any State.
       (e) Effective Date.--The amendments made by subsection (c) 
     shall take effect upon the date of enactment of this Act, 
     except that no suit may be commenced to enforce or determine 
     rights under the amendments until January 1, 1997.
                                 ______


                      FAIRCLOTH AMENDMENT NO. 3797

  (Ordered to lie on the bill.)
  Mr. FAIRCLOTH submitted an amendment intended to be proposed by

[[Page S4341]]

him to amendment No. 3743 proposed by Mr. Simpson to the bill S. 1664, 
supra; as follows:

       At the appropriate place in the matter proposed to be 
     inserted, insert the following new section:

     SEC.   . REVIEW OF CONTRACTS WITH ENGLISH AND CIVICS TEST 
                   ENTITIES.

       (a) In General.--The Attorney General of the United States 
     shall investigate and submit a report to the Congress 
     regarding the practices of test entitles authorized to 
     administer the English and civics tests pursuant to section 
     312.3(a) of title 8, Code of Federal Regulations. The report 
     shall include any findings of fraudulent practices by the 
     testing entities.
       (b) Preliminary and Final Reports.--Not later than 90 days 
     after the date of the enactment of this Act, the Attorney 
     General shall submit to the Congress a preliminary report of 
     the findings of the investigation conducted pursuant to 
     subsection (a) and shall submit to the Congress a final 
     report within 275 days after the submission of the 
     preliminary report.
                                 ______


                        CRAIG AMENDMENT NO. 3798

  (Ordered to lie on the bill.)
  Mr. CRAIG submitted an amendment intended to be proposed by him to 
amendment No. 3743 proposed by Mr. Simpson to the bill S. 1664, supra; 
as follows:

       At the appropriate place insert the following:

     SEC. ____. H-2A WORKERS.

       (a) Section 218(a) (8 U.S.C. 1188(a)) is amended--
       (1) by redesignating paragraph (2) as paragraph (3); and
       (2) by inserting after paragraph (1) the following:
       ``(2) In considering an employer's petition for admission 
     of H-2A aliens the Attorney General shall consider the 
     certification decision of the Secretary of Labor and shall 
     consider any countervailing evidence submitted by the 
     employer with respect to the nonavailability of United States 
     workers and the employer's compliance with the requirements 
     of this section, and may consult with the Secretary of 
     Agriculture.''.
       (b) Section 218(b) (8 U.S.C. 1188(b)) is amended by 
     striking out paragraph (4) and inserting the following:
       ``(4) Determination by the secretary.--The Secretary 
     determines that the employer has not filed a job offer for 
     the position to be filled by the alien with the appropriate 
     local office of the State employment security agency having 
     jurisdiction over the area of intended employment, or with 
     the State office of such an agency if the alien will be 
     employed in an area within the jurisdiction of more than one 
     local office of such an agency, which meets the criteria of 
     paragraph (5).
       ``(5) Required terms and conditions of employment.--The 
     Secretary determines that the employer's job offer does not 
     meet one or more of the following criteria:
       ``(A) Required rate of pay.--The employer has offered to 
     pay H-2A aliens and all other workers in the occupation in 
     the area of intended employment not less than the greater 
     of--
       ``(i) the median rate of pay for similarly employed workers 
     in the area of intended employment, or
       ``(ii) an Adverse Effect Wage Rate of not less than 110 
     percent of the minimum wage required to be paid under the 
     Fair Labor Standards Act, but not less than $5.00 per hour.
       ``(B) Provision of housing.--
       ``(i) In general.--The employer has offered to provide 
     housing to H-2A aliens and those workers not reasonably able 
     to return to their residence within the same day, without 
     charge to the worker. The employer may, at the employer's 
     option, provide housing meeting applicable Federal standards 
     for temporary labor camps, or provide rental or public 
     accommodation type housing which meets applicable local or 
     state standards for such housing.
       ``(ii) Housing allowance as alternative.--In lieu of 
     offering the housing required in clause (i), the employer may 
     provide a reasonable housing allowance to workers not 
     reasonably able to return to their place of residence within 
     the same day, but only if the Secretary determines that 
     housing is reasonably available within the approximate area 
     of employment. An employer who offers a housing allowance 
     pursuant to this subparagraph shall not be deemed to be a 
     housing provider under section 203 of the Migrant and 
     Seasonal Agricultural Worker Protection Act (29 U.S.C. 1823) 
     merely by virtue of providing such housing allowance.
       ``(iii) Special housing standards for short duration 
     employment.-- The Secretary shall promulgate special 
     regulations permitting the provision of short-term temporary 
     housing for workers employed in occupations in which 
     employment is expected to last 40 days or less.
       ``(iv) Transitional period for provision of special housing 
     standards in other employment.--For a period of five years 
     after the date of enactment of this section, the Secretary 
     shall approve the provision of housing meeting the standards 
     described in clause (iii) in occupations expected to last 
     longer than 40 days in areas where available housing meeting 
     the criteria described in subparagraph (i) is found to be 
     insufficient.
       ``(iv) Pre-emption of state and local standards.--The 
     standards described in clauses (ii) and (iii) shall preempt 
     any State and local standards governing the provision of 
     temporary housing to agricultural workers.
       ``(C) Reimbursement of transportation costs.--The employer 
     has offered to reimburse H-2A aliens and workers recruited 
     from beyond normal commuting distance the most economical 
     common carrier transportation charge and reasonable 
     subsistence from the place from which the worker comes to 
     work for the employer, (but not more than the most economical 
     common carrier transportation charge from the worker's normal 
     place of residence) if the worker completes 50 percent of the 
     anticipated period of employment. If the worker recruited 
     from beyond normal commuting distance completes the period of 
     employment, the employer will provide or pay for the worker's 
     transportation and reasonable subsistence to the worker's 
     next place of employment, or to the worker's normal place of 
     residence, whichever is less.
       ``(D) Guarantee of employment.--The employer has offered to 
     guarantee the worker employment for at least three-fourths of 
     the workdays of the employer's actual period of employment in 
     the occupation. Workers who abandon their employment or are 
     terminated for cause shall forfeit this guarantee.
       ``(6) Preference for u.s. workers.--The employer has not 
     assured on the application that the employer will provide 
     employment to all qualified United States workers who apply 
     to the employer and assure that they will be available at the 
     time and place needed until the time the employer's foreign 
     workers depart for the employer's place of employment (but 
     not sooner than 5 days before the date workers are needed), 
     and will give preference in employment to United States 
     workers who are immediately available to fill job 
     opportunities that become available after the date work in 
     the occupation begins.''.
       (c) Section 218 (8 U.S.C. 1188) is amended by striking out 
     subsection (c) and inserting in lieu thereof the following:
       ``(c) The following rules shall apply to the issuance of 
     labor certifications by the Secretary under this section:
       ``(1) Deadline for filing applications.--The Secretary may 
     not require that the application be filed more than 40 days 
     before the first date the employer requires the labor or 
     services of the H-2A worker.
       ``(2) Notice within seven days of deficiencies.--
       ``(A) The employer shall be notified in writing within 
     seven calendar days of the date of filing, if the application 
     does not meet the criteria described in subsection (b) for 
     approval.
       ``(B) If the application does not meet such criteria, the 
     notice shall specify the specific deficiencies of the 
     application and the Secretary shall provide an opportunity 
     for the prompt resubmission of a modified application.
       ``(3) Issuance of certification.--
       ``(A) The Secretary shall provide to the employer, not 
     later than 20 days before the date such labor or services are 
     first required to be performed, the certification described 
     in subsection (a)(1)--
       ``(i) with respect to paragraph (a)(1)(A) if the employer's 
     application meets the criteria described in subsection (b), 
     or a statement of the specific reasons why such certification 
     can not be made, and
       ``(ii) with respect to subsection (a)(1)(B), to the extent 
     that the employer does not actually have, or has not been 
     provided with the names, addresses and Social Security 
     numbers of workers referred to the employer who are able, 
     willing and qualified and have indicated they will be 
     available at the time and place needed to perform such labor 
     or services on the terms and conditions of the job offer 
     approved by the Secretary. For each worker referred, the 
     Secretary shall also provide the employer with information 
     sufficient to permit the employer to contact the referred 
     worker for the purpose of reconfirming the worker's 
     availability for work at the time and place needed.
       ``(B) If, at the time the Secretary determines that the 
     employer's job offer meets the criteria described in 
     subsection (b) there are already unfilled job opportunities 
     in the occupation and area of intended employment for which 
     the employer is seeking workers, the Secretary shall provide 
     the certification at the same time the Secretary approves the 
     employer's job offer.''.
       (d) Section 218 (8 U.S.C 1188) is amended by striking out 
     section (e) and inserting in lieu thereof the following:
       ``(e) Expedited Appeals of Certain Determinations.--The 
     Secretary shall provide by regulation for an expedited 
     procedure for the review of the nonapproval of an employer's 
     job offer pursuant to subsection (c)(2) and of the denial of 
     certification in whole or in part pursuant to subsection 
     (c)(3) or, at the applicant's request, a de novo 
     administrative hearing respecting the nonapproval or 
     denial.''.
       (e) Section 218 is amended--
       (1) by redesignating subsections (f) through (i) as 
     subsections (g) through (j), respectively; and
       (2) by adding the following after subsection (e):
       ``(f) The following procedures shall apply to the 
     consideration of petitions by the Attorney General under this 
     section:

[[Page S4342]]

       ``(1) Expedited processing of petitions.--The Attorney 
     General shall provide an expedited procedure for the 
     adjudication of petitions filed under this section, and the 
     notification of visa-issuing consulates where aliens seeking 
     admission under this section will apply for visas and/or 
     ports of entry where aliens will seek admission under this 
     section within 15 calendar days from the date such petition 
     is filed by the employer.
       ``(2) Expedited amendments to petitions.--The Attorney 
     General shall provide an expedited procedure for the 
     amendment of petitions to increase the number of workers on 
     or after five days before the employers date of need for the 
     labor or services involved in the petition to replace 
     referred workers whose continued availability for work at the 
     time and place needed under the terms of the approved job 
     offer can not be confirmed and to replace referred workers 
     who fail to report for work on the date of need and replace 
     referred workers who abandon their employment or are 
     terminated for cause, and for which replacement workers are 
     not immediately available pursuant to subsection (b)(6).''.
       (g) Section 218(g) (8 U.S.C. 1188(g)) is amended--
       (1) by redesignating paragraph (2) as paragraph (2)(A); and
       (2) by inserting after paragraph (2)(A) the following:
       ``(B) No employer shall be subject to any liability or 
     punishment on the basis of an employment action or practice 
     by such employer that conforms with the terms and conditions 
     of a job offer approved by the Secretary pursuant to this 
     Section, unless and until the employer has been notified that 
     such certification has been amended or invalidated by a final 
     order of the Secretary or of a court of competent 
     jurisdiction.''.
       (h) Section 218(h) is amended by adding at the end thereof 
     the following:
       ``(3) No court of the United States shall have jurisdiction 
     to issue any restraining order or temporary or permanent 
     injunction preventing or delaying the issuance by the 
     Secretary of a certification pursuant to this section, or the 
     approval by the Attorney General of a petition to import an 
     alien as an H-2A worker, or the actual importation of any 
     such alien as an H-2A worker following such approval by the 
     Attorney General.''.
                                 ______


                      HATFIELD AMENDMENT NO. 3799

  (Ordered to lie on the table.)
  Mr. HATFIELD submitted an amendment intended to be proposed by him to 
amendment No. 3743 proposed by Mr. Simpson to the bill S. 1664, supra; 
as follows:

       At the appropriate place, insert the following:

     SEC.   . AVAILABILITY OF FORMS AT INS OFFICES.

       All regional and district offices of the Immigration and 
     Naturalization Service shall have available to the public on-
     site, the forms necessary--
       (1) to facilitate entry of persons legally admissible as 
     immigrants, or as visitors,
       (2) to obtain asylum, temporary or permanent resident 
     status, naturalization, or employment authorization, and
       (3) to obtain any other service or benefit for which the 
     Service is responsible.

     SEC.   . SENSE OF THE SENATE REGARDING INS PUBLIC SERVICES.

       It is the sense of the Senate that the Immigration and 
     Naturalization Service (hereafter referred to as the ``INS'') 
     should devote adequate resources to assuring that the public 
     has access to INS services, documents, and personnel.
                                 ______


                     ROBB AMENDMENTS NOS. 3800-3802

  (Ordered to lie on the table.)
  Mr. ROBB submitted three amendments intended to be proposed by him to 
amendment No. 3743 proposed by Mr. Simpson to the bill S. 1664, supra; 
as follows:

                           Amendment No. 3800

       On page 26, line 17, strike the period and insert ``; 
     and''.
                                                                    ____


                           Amendment No. 3801

       On page 26, between lines 17 and 18, insert the following:
       (H)(i) A system which utilizes innovative authentication 
     technology such as fingerprint readers or smart cards to 
     verify eligibility for employment or other applicable Federal 
     benefits.
       (ii) For purposes of this subparagraph, the term ``smart 
     card'' means a credit card-sized device containing 1 or more 
     integrated circuits or containing technology that will 
     facilitate individual verification.
                                                                    ____


                           Amendment No. 3802

       On page 26, line 12, strike ``and'' the second place it 
     appears.
                                 ______


                GRAHAM (AND SPECTER) AMENDMENT NO. 3803

  (Ordered to lie on the table.)
  Mr. GRAHAM (for himself and Mr. Specter) proposed an amendment to 
amendment No. 3743 proposed by Mr. Simpson to the bill S. 1664, supra; 
as follows:

                           Amendment No. 3803

       On page 198, beginning on line 11, strike all through page 
     201, line 4, and insert the following: for benefits, the 
     income and resources described in subsection (b) shall, 
     notwithstanding any other provision of law, be deemed to be 
     the income and resources of such alien for purposes of the 
     following programs:
       (1) Supplementary security income under title XVI of the 
     Social Security Act;
       (2) Aid to Families with Dependent Children under title IV 
     of the Social Security Act;
       (3) Food stamps under the Food Stamp Act of 1977;
       (4) Section 8 low-income housing assistance under the 
     United States Housing Act of 1937;
       (5) Low-rent public housing under the United States Housing 
     Act of 1937;
       (6) Section 236 interest reduction payments under the 
     National Housing Act;
       (7) Home-owner assistance payments under the National 
     Housing Act;
       (8) Low income rent supplements under the Housing and Urban 
     Development Act of 1965;
       (9) Rural housing loans under the Housing Act of 1949;
       (10) Rural rental housing loans under the Housing Act of 
     1949;
       (11) Rural rental assistance under the Housing Act of 1949;
       (12) Rural housing repair loans and grants under the 
     Housing Act of 1949;
       (13) Farm labor housing loans and grants under the Housing 
     Act of 1949;
       (14) Rural housing preservation grants under the Housing 
     Act of 1949;
       (15) Rural self-help technical assistance grants under the 
     Housing Act of 1949;
       (16) Site loans under the Housing Act of 1949; and
       (b) Deemed Income and Resources.--The income and resources 
     described in this subsection include the income and resources 
     of--
       (1) any person who, as a sponsor of an alien's entry into 
     the United States, or in order to enable an alien lawfully to 
     remain in the United States, executed an affidavit of support 
     or similar agreement with respect to such alien, and
       (2) the sponsor's spouse.
       (c) Length of Deeming Period.--The requirement of 
     subsection (a) shall apply for the period for which the 
     sponsor has agreed, in such affidavit or agreement, to 
     provide support for such alien, or for a period of 5 years 
     beginning on the day such alien was first lawfully in the 
     United States after the execution of such affidavit or 
     agreement, whichever period is longer.
       (d) Exception for indigence.--
       (1) In general.--If a determination described in paragraph 
     (2) is made, the amount of income and resources of the 
     sponsor or the sponsor's spouse which shall be attributed to 
     the sponsored alien shall not exceed the amount actually 
     provided for a period--
       (A) beginning on the date of such determination and ending 
     12 months after such date, or
       (B) if the address of the sponsor is unknown to the 
     sponsored alien, beginning on the date of such determination 
     and ending on the date that is 12 months after the address of 
     the sponsor becomes known to the sponsored alien or to the 
     agency (which shall inform such alien of the address within 7 
     days).
       (2) Determination described.--A determination described in 
     this paragraph is a determination by an agency that a 
     sponsored alien would, in the absence of the assistance 
     provided by the agency, be unable to obtain food or shelter, 
     taking into account the alien's own income, plus any cash, 
     food, housing, or other assistance provided by other 
     individuals, including the sponsor.
                                 ______


                ABRAHAM (AND OTHERS) AMENDMENT NO. 3804

  (Ordered to lie on the table.)
  Mr. ABRAHAM (for himself, Mr. DeWine, and Mr. Roth) submitted an 
amendment intended to be proposed by them to amendment No. 3743 
proposed by Mr. Simpson to the bill S. 1664, supra; as follows:

       At the appropriate place in the amendment insert the 
     following four new sections:

     SEC.   . ELIMINATION OF REPETITIVE REVIEW OF DEPORTATION 
                   ORDERS ENTERED AGAINST CRIMINAL ALIENS.

       Section 242b (8 U.S.C. 1252b) is amended by--
       (a) redesignating subsection (f) as subsection (g); and
       (b) adding the following new subsection (f) to read as 
     follows--
       (f) Criminal Aliens.--No alien convicted of any criminal 
     offense covered in Section 1251(a)(2)(A) (i) or (iii) or (B)-
     (D), shall be granted more than one administrative hearing 
     and one appeal to the Board of Immigration Appeals concerning 
     or relating to such alien's deportation. Any claims for 
     relief from deportation for which the criminal alien may be 
     eligible must be raised at that time. Under no circumstances 
     may such a criminal alien request or be granted a reopening 
     of the order of deportation or any other form of relief under 
     the law, including but not limited to claims of ineffective 
     assistance of counsel, after the earlier of:
       (i) a determination by the Board of Immigration Appeals 
     affirming such order; or
       (ii) the expiration of the period in which the alien is 
     permitted to seek review of such order by the Board of 
     Immigration Appeals.

[[Page S4343]]

     SEC.   . ELIMINATION OF MOTIONS TO REOPEN ORDERS OF EXCLUSION 
                   ENTERED AGAINST CRIMINAL ALIENS.

       Section 236, 8 U.S.C. 1226, is amended by adding the 
     following sentence to the end of subsection (a): ``There 
     shall be no judicial review of any order of exclusion, or any 
     issue related to an order of exclusion, entered against an 
     alien found by the Attorney General or the Attorney General's 
     designee to be an alien described in Section 212(a)(2) (8 
     U.S.C. 1182(a)(2)) or of any administrative ruling related to 
     such an order.''

     SEC.   . EXPANSION OF THE BOARD OF IMMIGRATION APPEALS; 
                   NUMBER OF SPECIAL INQUIRY OFFICERS; ATTORNEY 
                   SUPPORT STAFF.

       (a) In General.--Notwithstanding any other provision of 
     law, effective October 1, 1996, there are authorized to be 
     employed within the Department of Justice a total of--
       (1) 24 Board Members of the Board of Immigration Appeals;
       (2) 334 special inquiry officers; and
       (3) a number of attorneys to support the Board and the 
     special inquiry officers which is twice the number so 
     employed as of the date of enactment of this Act.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Department of Justice such sums as 
     may be necessary to pay the salaries of the personnel 
     employed under subsection (a) who are additional to such 
     personnel employed as of the end of fiscal year 1996.

     SEC.   . PROHIBITION UPON THE NATURALIZATION OF CERTAIN 
                   CRIMINAL ALIENS.

       Section 40(a) (8 U.S.C. 1424) is amended by--
       (a) inserting ``or who have been convicted of certain 
     crimes'' after ``or who favor totalitarian forms of 
     government'' and
       (b) in subsection (a)--
       (1) replacing ``of this subsection.'' with ``of this 
     subsection; or'' in paragraph (6)
       (2) adding new paragraph (7) to read as follows--
       ``(7) who has been convicted of any criminal offense 
     covered in Section 1251(a)(2)(A) (i) or (iii) or (B)-(D).''
                                 ______


                    BOXER AMENDMENTS NOS. 3805-3806

  (Ordered to lie on the table.)
  Mrs. BOXER submitted two amendments intended to be proposed by her to 
amendment No. 3743 proposed by Mr. Simpson to the bill S. 1664, supra; 
as follows:

                           Amendment No. 3805

       At the appropriate place in the bill, insert the following:

     SEC.  . SUPPORT OF DEMONSTRATION PROJECTS.

       (a) Findings.--The Congress makes the following findings:
       (1) American democracy performs best when the maximum 
     number of people subject to its laws participate in the 
     political process, at all levels of government.
       (2) Citizenship actively exercised will better assure that 
     individuals both assert their rights and fulfill their 
     responsibilities of membership within our political 
     community, thereby benefiting all citizens and residents of 
     the United States.
       (3) A number of private and charitable organizations assist 
     in promoting citizenship, and the Senate urges them to 
     continue to do so.
       (b) Demonstration Projects.--The Attorney General shall 
     make available funds under this section, in each of 5 
     consecutive years (beginning with 1996), to the Immigration 
     and Naturalization Service or to other public or private 
     nonprofit entities to support demonstration projects under 
     this section at 10 sites throughout the United States. Each 
     such project shall be designed to provide for the 
     administration of the oath of allegiance (under section 
     337(a) of the Immigration and Nationality Act) on a business 
     day around the 4th of July for approximately 500 people whose 
     application for naturalization has been approved. Each 
     project shall provide for appropriate outreach and ceremonial 
     and celebratory activities.
       (c) Selection of Sites.--The Attorney General shall, in the 
     Attorney General's discretion, select diverse locations for 
     sites on the basis of the number of naturalization applicants 
     living in proximity to each site and on the degree of local 
     community participation and support in the project to be held 
     at the site. Not more than 2 sites may be located in the same 
     State. The Attorney General should consider changing the 
     sites selected from year to year.
       (d) Amounts Available; Use of Funds.--
       (1) Amount.--The amount that may be made available under 
     this section with respect to any single site for a year shall 
     not exceed $5,000.
       (2) Use.--Funds provided under this section may only be 
     used to cover expenses incurred carrying out symbolic 
     swearing-in ceremonies at the demonstration sites, including 
     expenses for--
       (A) cost of personnel of the Immigration and Naturalization 
     Service (including travel and overtime expenses),
       (B) local outreach,
       (C) rental of space, and
       (D) costs of printing appropriate brochures and other 
     information about the ceremonies.
       (3) Availability of funds.--Funds that are otherwise 
     available to the Immigration and Naturalization Service to 
     carry out naturalization activities (including funds in the 
     Immigration Examinations Fee Account, under section 286(n) of 
     the Immigration and Nationality Act) shall be available under 
     this section.
       (e) Application.--In the case of an entity other than the 
     Immigration and Naturalization Service seeking to conduct a 
     demonstration project under this section, no amounts may be 
     made available to the entity under this section unless an 
     appropriate application has been made to, and approved by, 
     the Attorney General, in a form and manner specified by the 
     Attorney General.
       (f) State Defined.--For purposes of this section, the term 
     ``State'' has the meaning given such term in section 
     101(a)(36) of the Immigration and Nationality Act (8 U.S.C. 
     1101(a)(36)).
                                                                    ____


                           Amendment No. 3806

       At the appropriate place in the bill, insert the following 
     new section:

     SEC.   . CRIMINAL PENALTIES FOR HIGH SPEED FLIGHTS FROM 
                   BORDER CHECKPOINTS.

       (a) Findings.--Congress makes the following findings:
       (1) Border checkpoints are an important component of the 
     national strategy to prevent illegal immigration.
       (2) Individuals fleeing border checkpoints and leading law 
     enforcement officials on high speed vehicle chases endanger 
     law enforcement officers, innocent bystanders, and the 
     fleeing individuals themselves.
       (3) The pursuit of suspects fleeing border checkpoints is 
     complicated by overlapping jurisdiction among Federal, State, 
     and local law enforcement officers.
       (b) High Speed Flight From Border Checkpoints.--Chapter 35 
     of title 18, United States Code, is amended by inserting the 
     following new section:

     ``Sec. 758. High speed flight from border checkpoint

       ``(a) Whoever flees or evades a checkpoint operated by the 
     Immigration and Naturalization Service, or any other Federal 
     law enforcement agency in a motor vehicle after entering the 
     United States and flees Federal, State, or local law 
     enforcement agents in excess of the legal speed limit shall 
     be imprisoned not more than five years.''.
       Section 1251(a)(2)(A) of title 8, United States Code, is 
     amended by inserting the following new subsection:
       ``(v) High speed flight
       ``Any alien who is convicted of high speed flight from a 
     checkpoint (as defined by section 758(a) of chapter 35).''
       Section 1182(a)(2)(A)(i) of title 8, United States Code, is 
     amended by inserting the following new subsection:
       ``(III) A violation of section 758(a) of chapter 35.''
                                 ______


                 WYDEN (AND OTHERS) AMENDMENT NO. 3807

  (Ordered to lie on the table.)
  Mr. WYDEN (for himself, Mr. Leavy, Mr. Kyl, Mr. Craig, Mrs. 
Feinstein, Mr. Lott, Mr. Cochran, Mr. Lugar, and Mr. Helms) submitted 
an amendment intended to be proposed by them to amendment No. 3743 
proposed by Mr. Simpson to the bill, supra; as follows:

       At the end of the matter proposed to be inserted by the 
     amendment, insert the following:

                  TITLE III--MISCELLANEOUS PROVISIONS

     SEC. 301. REVIEW AND REPORT ON H-2A NONIMMIGRANT WORKERS 
                   PROGRAM.

       (a) Sense of the Congress.--It is the sense of the Congress 
     that the enactment of this Act may impact the future 
     availability of an adequate work force for the producers of 
     our Nation's labor intensive agricultural commodities and 
     livestock.
       (b) Review.--The Comptroller General shall review the 
     effectiveness of the H-2A nonimmigrant worker program to 
     ensure that the program provides a workable safety valve in 
     the event of future shortages of domestic workers after the 
     enactment of this Act. Among other things, the Comptroller 
     General shall review the program to determine--
       (1) that the program ensures that an adequate supply of 
     qualified United States workers is available at the time and 
     place needed for employers seeking such workers after the 
     date of enactment of this Act;
       (2) that the program ensures that there is timely approval 
     of applications for temporary foreign workers under the H-2A 
     nonimmigrant worker program in the event of shortages of 
     United States workers after the date of enactment of this 
     Act;
       (3) that the program ensures that implementation of the H-
     2A nonimmigrant worker program is not displacing United 
     States agricultural workers or diminishing the terms and 
     conditions of employment of United States agricultural 
     workers; and
       (4) if and to what extent the H-2A nonimmigrant worker 
     program is contributing to the problem of illegal 
     immigration.
       (c) Report.--Not later than December 31, 1996, or three 
     months after the date of enactment of this Act, whichever is 
     sooner, the Comptroller General shall submit a report to 
     Congress setting forth the findings of the review conducted 
     under subsection (b).
       (d) Definitions.--As used in this section--
       (1) the term ``Comptroller General'' means the Comptroller 
     General of the United States; and

[[Page S4344]]

       (2) the term ``H-2A nonimmigrant worker program'' means the 
     program for the admission of nonimmigrant aliens described in 
     section 101(a)(15)(H)(ii)(a) of the Immigration and 
     Nationality Act.
                                 ______


                       HARKIN AMENDMENT NO. 3808

  (Ordered to lie on the table.)
  Mr. HARKIN submitted an amendment intended to be proposed by him to 
amendment No. 3743 proposed by Mr. Simpson to the bill S. 1664, supra; 
as follows:

       At the appropriate place in the matter proposed to be 
     inserted, following:

     SEC.  .DEBARMENT OF FEDERAL CONTRACTORS NOT IN COMPLIANCE 
                   WITH IMMIGRATION AND NATIONALITY ACT EMPLOYMENT 
                   PROVISIONS.

       (a) Policy.--It is the policy of the United States that--
       (1) the heads of executive agencies in procuring goods and 
     services should not contract with an employer that has not 
     complied with paragraphs (1)(A) and (2) of section 274A(a) of 
     the Immigration and Nationality Act (8 U.S.C. 1324a(a)) 
     (hereafter in this section referred to as the ``INA 
     employment provisions''), which prohibit unlawful employment 
     of aliens; and
       (2) the Attorney General should fully and aggressively 
     enforce the antidiscrimination provisions of the Immigration 
     and Nationality Act.
       (b) Enforcement.--
       (1) Authority.--
       (A) In general.--Using the procedures established pursuant 
     to section 274A(e) of the Immigration and Nationality Act (8 
     U.S.C. 1324a(e)), the Attorney General may conduct such 
     investigations as are necessary to determine whether a 
     contractor or an organizational unit of the contractor is not 
     complying with the INA employment provisions.
       (B) Complaints and Hearings.--The Attorney General--
       (i) shall receive and may investigate any complaint by an 
     employee of any such entity that alleges noncompliance by 
     such entity with the INA employment provisions; and
       (ii) in conducting the investigation, shall hold such 
     hearings as are necessary to determine whether that entity is 
     not in compliance with the INA employment provisions.
       (2) Actions of determinations of non-compliance.--
       (A) Attorney general.--Whenever the Attorney General 
     determines that a contractor of an organizational unit of a 
     contractor is not in compliance with the INA employment 
     provisions, the Attorney General shall transmit that 
     determination to the head of each executive agency that 
     contracts with the contractor and the heads of other 
     executive agencies that the Attorney General determines it 
     appropriate to notify.
       (B) Head of contracting agency.--Upon receipt of the 
     determination, the head of a contracting executive agency 
     shall consider the contractor of an organizational unit of 
     the contractor for debarment, and shall take such other 
     action as may be appropriate, in accordance with applicable 
     procedures and standards set forth in the Federal Acquisition 
     Regulation.
       (C) Nonreviewability of determination.--The Attorney 
     General's determination is not reviewable in debarment 
     proceedings.
       (c) Debarment.  
       (1) Authority.--The head of an executive agency may debar a 
     contractor or an organizational unit of a contractor on the 
     basis of a determination of the Attorney General that it is 
     not in compliance with the INA employment provisions.
       (2) Scope.--The scope of the debarment generally should be 
     limited to those organizational units of a contractor that 
     the Attorney General determines are not in compliance with 
     the INA employment provisions.
       (3) Period.--The period of a debarment under this 
     subsection shall be one year, except that the head of the 
     executive agency may extend the debarment for additional 
     periods of one year each if, using the procedures established 
     pursuant to section 274A(e) of the Immigration and 
     Nationality Act (8 U.S.C. 1324a(e)), the Attorney General 
     determines that the organizational unit of the contractor 
     concerned continues not to comply with the INA employment 
     provisions.
       (4) Listing.--The Administrator of General Services shall 
     list each debarred contractor and each debarred 
     organizational unit of a contractor on the List of Parties 
     Excluded from Federal Procurement and Nonprocurement Programs 
     that is maintained by the Administrator. No debarred 
     contractor and no debarred organizational unit of a 
     contractor shall be eligible to participate in any 
     procurement, nor in any nonprocurement activities, of the 
     Federal Government.
       (d) Regulations and Orders.--
       (1) Attorney General.--
       (A) Authority.--The Attorney General may prescribe such 
     regulations and issue such orders as the Attorney General 
     considers necessary to carry out the responsibilities of the 
     Attorney General under this section.
       (B) Consultation.--In proposing regulations or orders that 
     affect the executive agencies, the Attorney General shall 
     consult with the Secretary of Defense, the Secretary of 
     Labor, the Administrator of General Services, the 
     Administrator of the National Aeronautics and Space 
     Administration, the Administrator for Federal Procurement 
     Policy, and the heads of any other executive agencies that 
     the Attorney General considers appropriate.
       (2) Federal acquisition regulation.--The Federal 
     Acquisition Regulatory Council shall amend the Federal 
     Acquisition Regulation to the extent necessary to provide for 
     implementation of the debarment responsibility and other 
     related responsibilities assigned to heads of executive 
     agencies under this section.
       (e) Interagency Cooperation.--The head of each executive 
     agency shall cooperate with, and provide such information and 
     assistance to, the Attorney General as is necessary for the 
     Attorney General to perform the duties of the Attorney 
     General under this section.
       (f) Delegation.--The Attorney General, the Secretary of 
     Defense, the Administrator of General Services, the 
     Administrator of the National Aeronautics and Space 
     Administration, and the head of any other executive agency 
     may delegate the performance of any of the functions or 
     duties of that official under this section to any officer or 
     employee of the executive agency under the jurisdiction of 
     that official.
       (g) Implementation Not To Burden Procurement Process 
     Excessively.--This section shall be implemented in a manner 
     that least burdens the procurement process of the Federal 
     Government.
       (h) Construction.--
       (1) Antidiscrimination.--Nothing in this section relieves 
     employers of the obligation to avoid unfair immigration-
     related employment practices as required by--
       (A) the antidiscrimination provisions of section 274B of 
     the Immigration and Nationality Act (8 U.S.C. 1324b), 
     including the provisions of subsection (a)(6) of that section 
     concerning the treatment of certain documentary practices as 
     unfair immigration-related employment practices; and
       (B) all other antidiscrimination requirements of applicable 
     law.
       (2) Contract terms.--This section neither authorizes nor 
     requires any additional certification provision, clause, or 
     requirement to be included in any contract or contract 
     solicitation.
       (3) No new rights and benefits.--This section may not be 
     construed to create any right or benefit, substantive or 
     procedural, enforceable at law by a party against the United 
     States, including any department or agency, officer, or 
     employee of the United States.
       (4) Judicial review.--This section does not preclude 
     judicial review of a final agency decision in accordance with 
     chapter 7 of title 5, United States Code.
       (i) Definitions.--In this section:
       (1) Executive agency.--The term ``executive agency'' has 
     the meaning given that term in section 4 of the Office of 
     Federal Procurement Policy Act (41 U.S.C. 403).
       (2) Contractor.--The term ``contractor'' means any 
     individual or other legal entity that--
       (A) directly or indirectly (through and affiliate or 
     otherwise), submits offers for or is awarded, or reasonably 
     may be expected to submit offers for or be awarded, a Federal 
     Government contract, including a contract for carriage under 
     Federal Government or commercial bills of lading, or a 
     subcontract under a Federal Government contract; or
       (B) conducts business, or reasonably may be expected to 
     conduct business, with the Federal Government as an agent or 
     representative of another contractor.
                                 ______


                    SIMON AMENDMENTS NOS. 3809--3810

  Mr. SIMON submitted two amendments intended to be proposed by him to 
amendment No. 3743 proposed by Mr. Simpson to the bill S. 1664, supra; 
as follows:

                           Amendment No. 3809

       In Section 202(a), at page 190, strike line 16 and all that 
     follows through line 25 and insert the following:
       ``(v) Any State general cash assistance program.
       ``(vi) Financial assistance as defined in section 214(b) of 
     the Housing and Community Development Act of 1980.''.
                                                                    ____


                           Amendment No. 3810

       In Section 204, at page 201, after line 4, insert the 
     following subparagraph (4):
       (4) Aliens disabled after entry.--The requirements of 
     subsection (a) shall not apply with respect to any alien who 
     has been lawfully admitted to the United States for permanent 
     residence, and who since the date of such lawful admission, 
     has become blind or disabled, as those terms are defined in 
     the Social Security Act, 42 U.S.C. 1382j(f).
                                 ______


              SIMON (AND OTHERS) AMENDMENT NOS. 3811-3813

  (Ordered to lie on the table.)
  Mr. SIMON (for himself, Mr. Graham, Mrs. Feinstein, and Mrs. Murray) 
submitted three amendments intended to be proposed by him to amendment 
No. 3743 proposed by Mr. Simpson to the bill S. 1664, supra; as 
follows:

                           Amendment No. 3811

       In Section 204(c), at page 199, line 4, strike ``, or for a 
     period of 5 years beginning on the day such alien was first 
     lawfully in the United States after the execution of such 
     affidavit or agreement, whichever period is longer''.
                                                                    ____


                           Amendment No. 3812

       In Section 204(e)(2), at page 202, line 2, strike ``, or 
     for a period of 5 years beginning

[[Page S4345]]

     on the day such alien was first lawfully in the United States 
     after the execution of such affidavit of support or 
     agreement, whichever period is longer''.

                           Amendment No. 3813

       Strike page 199, line 4, and all that follows through page 
     202, line 5, and insert the following:
       ``to provide support for such alien.
       ``(d) Exceptions.--
       (1) Indigence.--
       (A) In general.--If a determination described in 
     subparagraph (B) is made, the amount of income and resources 
     of the sponsor or the sponsor's spouse which shall be 
     attributed to the sponsored alien shall not exceed the amount 
     actually provided for a period--
       (I) beginning on the date of such determination and ending 
     12 months after such date, or
       (ii) if the address of the sponsor is unknown to the 
     sponsored alien, beginning on the date of such determination 
     and ending on the date that is 12 months after the address of 
     the sponsor becomes known to the sponsored alien or to the 
     agency (which shall inform such alien of the address within 7 
     days).
       (B) Determination Described.--A determination described in 
     this subparagraph is a determination by an agency that a 
     sponsored alien would, in the absence of the assistance 
     provided by the agency, be unable to obtain food and shelter, 
     taking into account the alien's own income, plus any cash, 
     food, housing, or other assistance provided by other 
     individuals, including the sponsor.
       (2) Education assistance.--
       (A) In general.--The requirements of subsection (a) shall 
     not apply with respect to sponsored aliens who have received, 
     or have been approved to receive, student assistance under 
     the title IV, V, IX, or X of the Higher Education Act of 1965 
     in an academic year which ends or begins in the calendar year 
     in which the Act is enacted.
       (B) Duration.--The exception described in subparagraph (A) 
     shall apply only for the period normally required to complete 
     the course of study for which the sponsored alien receives 
     assistance described in that subparagraph.
       (3) Certain services and assistance.--The requirements of 
     subsection (a) shall not apply to any service or assistance 
     described in section 201(a)(1)(A)(vii).
       (e) Deeming Authority to State and Local Agencies.--
       (1) In general.--Notwithstanding any other provision of 
     law, but subject to exceptions equivalent to the exceptions 
     described in subsection (d), the State or local government 
     may, for purposes of determining the eligibility of an alien 
     for benefits, and the amount of benefits, under any State or 
     local program of assistance for which eligibility is based on 
     need, or any need-based program of assistance administered by 
     a State or local government (other than a program of 
     assistance provided or funded, in whole or in part, by the 
     Federal Government), require that the income and resources 
     described in subsection (b) be deemed to be the income and 
     resources of such alien.
       (2) Length of deeming period.--Subject to exceptions 
     equivalent to the exceptions described in subsection (d), a 
     State or local government may impose the requirement 
     described in paragraph (1) for the period for which the 
     sponsor has agreed, in such affidavit or agreement, to 
     provide support for such alien.
                                 ______


                 SIMON (AND DEWINE) AMENDMENT NO. 3814

  (Ordered to lie on the table.)
  Mr. SIMON (for himself and Mr. DeWine) submitted an amendment 
intended to be proposed by them to amendment No. 3743 proposed by Mr. 
Simpson to the bill S. 1664, supra; as follows:

       In Section 202(a), at page 188, line 19, after 
     ``deportable'', insert ``for a period of five years after the 
     immigrant becomes a public charge, as defined in subsection 
     (c)(ii)''.
                                 ______


                        SIMON AMENDMENT NO. 3815

  (Ordered to lie on the table.)
  Mr. SIMON proposed an amendment intended to be proposed by him to 
amendment No. 3743 proposed by Mr. Simpson to the bill S. 1664, supra; 
as follows:

       On page 106, at line 15, strike ``(1) (A), (B), or (C)'' 
     and insert ``(1) (B) or (C)''.
                                 ______


                   KENNEDY AMENDMENTS NOS. 3816-3832

  (Ordered to lie on the table.)
  Mr. KENNEDY submitted 17 amendments intended to be proposed by him to 
the bill S. 1664, supra; as follows:

                           Amendment No. 3816

       On page 37 of the matter proposed to be inserted, beginning 
     on line 12, strike all through line 19, and insert the 
     following:
       (a) In General.--Paragraph (6) of section 274B(a) (8 U.S.C. 
     1324b(a)(6)) is amended to read as follows:
       ``(6) Treatment of certain documentary practices as 
     employment practices.--
       ``(A) In general.--For purposes of paragraph (1) a person's 
     or other entity's request, in order to satisfy the 
     requirements of section 274A(b), for additional or different 
     documents than are required under such section or refusal to 
     honor documents tendered that on their face reasonably appear 
     to be genuine shall be treated as an unfair immigration-
     related employment practice relating to the hiring of 
     individuals. A person or other entity may not request a 
     specific document from among the documents permitted by 
     section 274A(b)(1).
       ``(B) Reverification.--Upon expiration of an employee's 
     employment authorization, a person or other entity shall 
     reverify employment eligibility by requesting a document 
     evidencing employment authorization in order to satisfy 
     section 274A(b)(1). However, the person or entity may not 
     request a specific document from among the documents 
     permitted by such section.
       ``(C) Ability to present permitted document.--Nothing in 
     this paragraph shall be construed to prohibit an individual 
     from presenting any document or combination of documents 
     permitted by section 274A(b)(1).''.
       (b) Limitations on Complaints.--Section 274B(d) (8 U.S.C. 
     1324b(d)) is amended by adding at the end the following new 
     paragraph:
       ``(4) Limitations on ability of office of special counsel 
     to file complaints in document abuse cases.--
       ``(A) In general.--Subject to subsection (a)(6)(A) and (B), 
     if an employer--
       ``(i) accepts, without specifying, documents that meet the 
     requirements of establishing work authorization,
       ``(ii) maintains a copy of such documents in an official 
     record, and
       ``(iii) such documents appear to be genuine.

     the Office of Special Counsel shall not bring an action 
     alleging a violation of this section. The Special Counsel 
     shall not authorize the filing of a compliant under this 
     section if the Service has informed the person or entity that 
     the documents tendered by an individual are not acceptable 
     for purposes of satisfying the requirements of section 
     274A(b).
       ``(B) Acceptance of document.--Except as provided in 
     subsection (a)(6)(A) and (B), a person or entity may not be 
     charged with a violation of subsection (a)(6)(A) as long as 
     the employee has produced, and the person or entity has 
     accepted, a document or documents from the accepted list of 
     documents, and the document reasonably appears to be genuine 
     on its face.''.
       (c) Good Faith Defense.--Section 274A(a)(3) (8 U.S.C. 
     1324a(a)(3)) is amended to read as follows:
       ``(3) Defense.--A person or entity that establishes that it 
     has complied in good faith with the requirements of 
     subsection (b) with respect to the hiring, recruiting, or 
     referral for employment of an alien in the United States has 
     established an affirmative defense that the person or entity 
     has not violated paragraph (1)(A) with respect to such 
     hiring, recruiting, or referral. This section shall apply, 
     and the person or entity shall not be liable under paragraph 
     (1)(A), if in complying with the requirements of subsection 
     (b), the person or entity requires the alien to produce a 
     document or documents acceptable for purposes of satisfying 
     the requirements of section 274A(b), and the document or 
     documents reasonably appear to be genuine on their face and 
     to relate to the individual, unless the person or entity, at 
     the time of hire, possesses knowledge that the individual is 
     an unauthorized alien (as defined in subsection (h)(3)) with 
     respect to such employment. The term ``knowledge'' as used in 
     the preceding sentence, means actual knowledge by a person or 
     entity that an individual is an unauthorized alien, or 
     deliberate or reckless disregard of facts or circumstances 
     which would lead a person or entity, through the exercise of 
     reasonable care, to know about a certain condition.''.
                                                                    ____


                           Amendment No. 3817

       On page 37 of the matter proposed to be inserted, beginning 
     on line 9, strike all through line 19.
                                                                    ____


                           Amendment No. 3818

       On page 181, line 9, strike ``or'' and insert ``and
       ``(viii) any program of student assistance under titles IV, 
     V, IX, and X of the Higher Education Act of 1965; or''.
                                                                    ____


                           Amendment No. 3819

       On page 200, strike lines 12 through 25, and insert the 
     following:
       (2) Education assistance.--The requirements of subsection 
     (a) shall not apply to any assistance provided under any 
     program of student assistance under titles IV, V, IX, and X 
     of the Higher Education Act of 1965.
                                                                    ____


                           Amendment No. 3820

       Beginning on page 200, line 12, strike all that follows 
     through page 201, line 4, and insert the following:
       (2) Certain federal programs.--The requirements of 
     subsection (a) shall not apply to any of the following:
       (A) Medical assistance provided for emergency medical 
     services under title XIX of the Social Security Act.
       (B) The provision of short-term, non-cash, in kind 
     emergency relief.
       (C) Benefits under the National School Lunch Act.
       (D) Assistance under the Child Nutrition Act of 1966.
       (E) Public health assistance for immunizations with respect 
     to immunizable diseases and for testing and treatment of 
     communicable diseases.
       (F) The provision of services directly related to assisting 
     the victims of domestic violence or child abuse.

[[Page S4346]]

       (G) 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.
       (H) Benefits under means-tested programs under the 
     Elementary and Secondary Education Act of 1965.
       (I) Benefits under the Head Start Act.
       (J) Prenatal and postpartum services under title XIX of the 
     Social Security Act.
                                                                    ____


                           Amendment No. 3821

       Beginning on page 200, line 12, strike all that follows 
     through page 201, line 4, and insert the following:
       (2) Certain federal programs.--The requirements of 
     subsection (a) shall not apply to any of the following:
       (A) Medical assistance provided for emergency medical 
     services under title XIX of the Social Security Act.
       (B) The provision of short-term, non-cash, in kind 
     emergency relief.
       (C) Benefits under the National School Lunch Act.
       (D) Assistance under the Child Nutrition Act of 1996.
       (E) Public health assistance for immunizations with respect 
     to immunizable diseases and for testing and treatment of 
     communicable diseases.
       (F) The provision of services directly related to assisting 
     the victims of domestic violence or child abuse.
       (G) 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.
       (H) Benefits under means-tested programs under the 
     Elementary and Secondary Education Act of 1965.
       (I) Benefits under the Head Start Act.
       (J) Prenatal and postpartum services under title XIX of the 
     Social Security Act.

                           Amendment No. 3822

       On page 201 after line 4, insert the following:
       (3) Certain services and assistance.--The requirements of 
     subsection (a) shall not apply to--
       (A) any service or assistance described in section 
     201(a)(1)(A)(vii);
       (B) prenatal and postpartum services provided under a State 
     plan under title XIX of the Social Security Act.
       (C) services provided under a State plan under such title 
     of such Act to individuals who are less than 18 years of age; 
     or
       (D) services provided under a State plan under such title 
     of such Act to an alien who is a veteran, as defined in 
     section 101 of title 38, United State Code.
                                                                    ____


                           Amendment No. 3823

       On page 190, after line 25, insert the following:
       ``(E) Exception to definition of public charge.--
     Notwithstanding any program described in subparagraph (D), 
     for purposes of subparagraph (A), the term `public charge' 
     shall not include any alien who receives any benefits, 
     services, or assistance under a program described in section 
     204(d).''.
                                                                    ____


                           Amendment No. 3824

       On page 190, after line 25, insert the following:
       ``(E) Exception to definition of public charge.--
     Notwithstanding any program described in subparagraph (D), 
     for purposes of subparagraph (A), the term `public charge' 
     shall not include any alien who receives any services or 
     assistance described in section 204(d)(3).''.
                                                                    ____


                           Amendment No. 3825

       On page 182, strike lines 22 and 23, and insert the 
     following:
       (4) Limitation on pregnancy services for undocumented 
     aliens.--Notwithstanding any other provision of law, the 
     following subparagraphs shall apply to the provision of 
     pregnancy services for ineligible aliens:
                                                                    ____


                           Amendment No. 3826

       At the appropriate place in the bill, insert the following 
     new section:

     SEC.   . LIMITATION ON EXPENDITURES FOR PREGNANCY-RELATED 
                   SERVICES TO UNDOCUMENTED ALIENS.

       Section 1903 of the Social Security Act (42 U.S.C. 1396b) 
     is amended by inserting after subsection (k), the following 
     new subsection:
       ``(l) Notwithstanding any other provision of law, for any 
     fiscal year, not more than $120,000,000 may be paid under 
     this title for reimbursement of services described in section 
     201(a)(1)(A)(ii) of the Immigration Control and Financial 
     Responsibility Act of 1996 that are provided to individuals 
     described in section 201(a)(4)(A) of such Act.''.
                                                                    ____


                           Amendment No. 3827

       At the appropriate place in the amendment, insert the 
     following new section:

     SEC.   . LIMITATION ON EXPENDITURES UNDER THE MEDICAID 
                   PROGRAM FOR PREGNANCY-RELATED SERVICES PROVIDED 
                   TO UNDOCUMENTED ALIENS.

       Beginning with fiscal year 1997 and each fiscal year 
     thereafter, with respect to payments for expenditures for 
     services described in section 201(a)(1)(A)(ii) that are 
     provided to individuals described in section 201(a)(4)(A)--
       (1) the Federal Government has no obligation to provide 
     payment with respect to such expenditures in excess of 
     $120,000,000 during any such fiscal year and nothing in 
     section 201(a)(1)(A)(ii), section 201(a)(4)(A), or title XIX 
     of the Social Security Act shall be construed as providing 
     for an entitlement, under Federal law in relation to the 
     Federal Government, in an individual or person (including any 
     provider) at the time of provision or receipt of such 
     services; and
       (2) a State shall provide an entitlement to any person to 
     receive any service, payment, or other benefit to the extent 
     that such person would, but for this section, be entitled to 
     such service, payment, or other benefit under title XIX of 
     the Social Security Act.
                                                                    ____


                           Amendment No. 3828

       On page 182, line 2 of the matter proposed to be inserted, 
     insert the following new sentence: ``The preceding sentence 
     shall not apply to any preschool, elementary, secondary, or 
     adult educational benefit.
                                                                    ____


                           Amendment No. 3829

       On page 8, line 17, before the period insert the following: 
     ``except that not more than 150 of the number of 
     investigators authorized in this subparagraph shall be 
     designated for the purpose of carrying out the 
     responsibilities of the Secretary of Labor to conduct 
     investigations, pursuant to a complaint or otherwise, where 
     there is reasonable cause to believe that an employer has 
     made a mis-representation of a material fact on a labor 
     certification application under section 212(a)(5) of the 
     Immigration and Nationality Act or has failed to comply with 
     the terms and conditions of such an application''.
                                                                    ____


                           Amendment No. 3830

       On page 56 of the matter proposed to be inserted, strike 
     line 17 through line 20, and insert the following:
       (d) Emergency Authority to Sentencing Commission.--The 
     Commission may promulgate the guidelines or amendments 
     provided for under this section as soon as practicable in 
     accordance with the procedure set forth in section 21(a) of 
     the Sentencing Act of 1987, as though the authority under 
     that Act had not expired.
       (e) Effective Date.--This section and the amendments made 
     by this section shall apply with respect to offenses 
     occurring on or after the date of the enactment of this Act.
                                                                    ____


                           Amendment No. 3831

       On page 69 of the matter proposed to be inserted, strike 
     line 12 through line 15, and insert the following:
       (c) Emergency Authority to Sentencing Commission.--The 
     Commission may promulgate the guidelines or amendments 
     provided for under this section as soon as practicable in 
     accordance with the procedure set forth in section 21(a) of 
     the Sentencing Act of 1987, as though the authority under 
     that Act had not expired.
       (d) Effective Date.--This section and the amendments made 
     by this section shall apply with respect to offenses 
     occurring on or after the date of the enactment of this Act.
                                                                    ____


                           Amendment No 3832

       On page 81 of the matter proposed to be inserted, between 
     lines 9 and 10, insert the following:
       (d) Emergency Authority to Sentencing Commission.--The 
     Commission may promulgate the guidelines or amendments 
     provided for under this section as soon as practicable in 
     accordance with the procedure set forth in section 21(a) of 
     the Sentencing Act of 1987, as though the authority under 
     that Act had not expired.
       (e) Effective Date.--This section and the amendments made 
     by this section shall apply with respect to offenses 
     occurring on or after the date of the enactment of this Act.
                                 ______

      DeWINE (AND OTHERS) AMENDMENT NO. 3833
  (Ordered to lie on the table.)
  Mr. DeWINE (for himself, Mr. Abraham and Mr. Feingold) submitted an 
amendment intended to be proposed by them to the bill S. 1664, supra; 
as follows:

       In section 104, strike ``300'' and insert ``600'';
       In section 105(a), strike ``350'' and insert ``700''.
                                 ______


             DeWINE (AND ABRAHAM) AMENDMENTS NOS. 3834-3835

  (Ordered to lie on the table.)
  Mr. DeWINE (for himself and Mr. Abraham) submitted two amendments 
intended to be proposed by them to amendment No. 3745 proposed by Mr. 
Lott to the bill S. 1664, supra; as follows:

                           Amendment No. 3834

       At the end of the amendment to the instructions to the 
     motion to recommit, insert the following:
       The language on page 155, section 172, is null, void, and 
     of no effect.
                                                                    ____


                           Amendment No. 3835

       At the end of the amendment to the instructions to the 
     motion to recommit, insert the following new section:
       The language on page 177, between lines 8 and 9, is deemed 
     to have the following insertion:

[[Page S4347]]

     ``SEC. 197. PERSECUTION FOR RESISTANCE TO COERCIVE POPULATION 
                   CONTROL METHODS.

       Section 101(a)(42) of the Immigration and Nationality Act 
     (8 U.S.C. 1101(a)(42)) is amended by adding at the end the 
     following: `For purposes of determinations under this Act, a 
     person who has been forced to abort a pregnancy, or to 
     undergo such a procedure, or for other resistance to a 
     coercive population control program, shall be deemed to have 
     been persecuted on account of political opinion, and a person 
     who has a well founded fear that he or she will be forced to 
     undergo such a procedure or subjected to persecution for such 
     failure, refusal, or resistance shall be deemed to have a 
     well founded fear of persecution on account of political 
     opinion.' ''
                                 ______


                 DeWINE (AND OTHERS) AMENDMENT NO. 3836

  (Ordered to lie on the table.)
  Mr. DeWINE (for himself, Mr. Abraham, and Mr. Feingold) submitted an 
amendment intended to be proposed by them to amendment No. 3735 
proposed by Mr. Lott to the bill S. 1664, supra; as follows:

       At the end of the amendment to the instructions to the 
     motion to recommit, insert the following:
       The language on page 37, section 118, is null, void, and of 
     no effect.
                                 ______


                 DeWINE (AND OTHERS) AMENDMENT NO. 3837

  (Ordered to lie on the table.)
  Mr. DeWINE (for himself, Mr. Kennedy, and Mr. Feingold) submitted an 
amendment intended to be proposed by them to amendment No. 3745 
proposed by Mr. Lott to the bill S. 1664, supra; as follows:

       At the end of the amendment to the instructions to the 
     motion to recommit, insert the following:
       The language on page 174 of the bill, at the end of line 4, 
     is deemed to include the following insertion:
       ``(b) As used in this section, ``good cause'' includes, but 
     is not limited to, circumstances that changed after the 
     applicant entered the U.S. and that are relevant to the 
     applicant's eligibility for asylum; physical or mental 
     disability; threats of retribution against the applicant's 
     relatives abroad; attempts to file affirmatively that were 
     unsuccessful because of technical defects; efforts to seek 
     asylum that were delayed by the temporary unavailability of 
     professional assistance; the illness or death of the 
     applicant's legal representative; or other extenuating 
     circumstances as determined by the Attorney General.''
                                 ______


                        BRYAN AMENDMENT NO. 3838

  (Ordered to lie on the table.)
  Mr. BRYAN submitted an amendment intended to be proposed by him to 
amendment No. 3743 proposed by Mr. Simpson to the bill S. 1664, supra; 
as follows:

       At the appropriate place in the matter proposed to be 
     inserted by the amendment, insert the following:

     SEC.   . EXCLUSION OF CERTAIN ALIENS FROM FAMILY UNITY 
                   PROGRAM.

       Section 301(e) of the Immigration Act of 1990 (8 U.S.C. 
     1255a note) is amended to read as follows:
       ``(e) Exception for Certain Aliens.--An alien is not 
     eligible for a new grant or extension of benefits of this 
     section if the Attorney General finds that the alien--
       ``(1) has been convicted of a felony or 3 or more 
     misdemeanors in the United States,
       ``(2) is described in section 243(h)(2) of the Immigration 
     and Nationality Act, or
       ``(3) has committed an act of juvenile delinquency which if 
     committed by an adult would be classified as--
       ``(A) a felony crime of violence that has an element the 
     use or attempted use of physical force against the person of 
     another; or
       ``(B) a felony offense that by its nature involves a 
     substantial risk that physical force against the person of 
     another may be used in the course of committing the 
     offense.''.
                                 ______


                         KYL AMENDMENT NO. 3839

  (Ordered to lie on the table.)
  Mr. KYL submitted an amendment intended to be proposed by him to the 
bill S. 1664, supra; as follows:

       At the end of the amendments, insert the following:

     SEC.   . LIMITATION ON ADJUSTMENT OF STATUS OF INDIVIDUALS 
                   NOT LAWFULLY PRESENT IN THE UNITED STATES.

       (a) In General.--Section 245(i) (8 U.S.C. 1255), as added 
     by section 506(b) of the Department of State and Related 
     Agencies Appropriations Act, 1995 (Public Law 103-317, 108 
     Stat. 1765), is amended in paragraph (1), by inserting 
     ``pursuant to section 301 of the Immigration Act of 1990 is 
     not required to depart from the United States and who'' after 
     ``who'' the first place it appears.
       (b) Authority To Charge Fee.--Notwithstanding any other 
     provision of law, the Secretary of State is authorized to 
     charge a supplemental fee to any immigrant visa applicant who 
     previously entered the United States without inspection, or 
     who was employed while living in the United States in 
     violation of the terms and conditions of the applicant's visa 
     status at that time. Such supplemental fee shall be no 
     greater than the fee for an immigrant visa. No such fee shall 
     be assessed if the applicant is under the age of seventeen, 
     or is the spouse or child of an individual who obtained 
     temporary or permanent status under section 210 or 245A of 
     the Immigration and Nationality Act or section 202 of the 
     Immigration Reform and Control Act of 1986.
       (c) Use of Fees.--Funds collected under the authority of 
     subsection (a) as a supplemental fee shall be deposited as an 
     offsetting collection to any Department of State 
     appropriation only to recover the costs of consular 
     operations. Such funds shall remain available until expended.
       (d) Supplemental Nature of Fees.--Any supplemental fee 
     imposed in accord with (b) shall be in addition to other fees 
     imposed by the Department of State relating to adjudication, 
     processing and issuance of immigrant visas.
       (e) Effective Date.--(1) The amendment made by subsection 
     (a)(1) shall apply to applications for adjustment of status 
     filed after September 30, 1996.
                                 ______


                  WELLSTONE AMENDMENTS NOS. 3844-3847

  (Ordered to lie on the table.)
  Mr. WELLSTONE submitted four amendments intended to be proposed by 
him to amendment No. 3743 proposed by Mr. Simpson to the bill S. 1664, 
supra; as follows:

                           Amendment No. 3844

       At the appropriate place in the matter proposed to be 
     inserted by the amendment, insert the following:

     SEC.  . CONFIDENTIALITY PROVISION FOR CERTAIN ALIEN BATTERED 
                   SPOUSES AND CHILDREN.

       (a) In General.--With respect to information provided 
     pursuant to section 150(b)(C) of this Act and Except as 
     provided in subsection (b), in no case may the Attorney 
     General, or any other official or employee of the Department 
     of Justice (including any bureau or agency of such 
     department)--
       (1) make an adverse determination of admissibility or 
     deportability of an alien under the Immigration and 
     Nationality Act using only information furnished solely by--
       (A) a spouse or parent who has battered the alien or the 
     alien's children or subjected the alien or the alien's 
     children to extreme cruelty, or
       (B) a member of the alien's spouse's or parent's family who 
     has battered the alien or the alien's child or subjected the 
     alien or alien's child to extreme cruelty,

     unless the alien has been convicted of a crime or crimes 
     listed in section 241(a)(2) of the Immigration and 
     Nationality Act;
       (2) make any publication whereby information furnished by 
     any particular individual can be identified;
       (3) permit anyone other than the sworn officers and 
     employees of the Department, bureau or agency, who needs to 
     examine such information for legitimate Department, bureau, 
     or agency purposes, to examine any publication of any 
     individual who files for relief as a person who has been 
     battered or subjected to extreme cruelty.
       (b) Exceptions.--(1) The Attorney General may provide for 
     the furnishing of information furnished under this section in 
     the same manner and circumstances as census information may 
     be disclosed by the Secretary of Commerce under section 8 of 
     title 13, United States Code.
       (2) The Attorney General may provide for the furnishing of 
     information furnished under this section to law enforcement 
     officials to be used solely for legitimate law enforcement 
     purposes.
                                                                    ____


                           Amendment No. 3845

       On page 106, line 9, strike the period and insert the 
     following: ``except that the Attorney General may extend the 
     time period described in this subparagraph for aliens 
     eligible for relief under paragraph (1)(C).''.
                                                                    ____


                           Amendment No. 3846

       At the appropriate place, insert the following:

     SEC.   . EXCEPTION TO DEPORTABILITY.

       (a) In General.--Section 241 of the Immigration and 
     Nationality Act (8 U.S.C. 1251) is amended by adding at the 
     end the following new subsection:
       ``(d) The provisions of subsection (d) of this section 
     shall not apply to persons who are battered or subjected to 
     extreme cruelty perpetrated by a United States citizen or 
     lawful permanent resident spouse or parent who--
       ``(1) is eligible for status as a spouse or a child of a 
     United States citizen pursuant to clause (ii), (iii), or (iv) 
     of section 204(a)(1)(A) of the Immigration and Nationality 
     Act;
       ``(2) is eligible for classification pursuant to clauses 
     (ii) or (iii) of section 204(a)(1)(B) of the Act;
       ``(3) is eligible for suspension of deportation and 
     adjustment of status pursuant to 244(a)(3) of the Act; or
       ``(4) is the beneficiary of a petition for status as a 
     spouse or child of a United States citizen pursuant to clause 
     (i) of section 204(a)(1)(A) of the Act, or of a petition 
     filed for classification pursuant to clause (i) of section 
     204(a)(1)(B) of such Act.''
       (b) Cancellation of Deportation.--Section 244(a)(1)(C) of 
     the Immigration and Nationality Act (8 U.S.C. 1254(a)(3)), as 
     added by

[[Page S4348]]

     section 150 of this Act, is further amended by inserting 
     after ``alien's parent or child'' the following: ``, or who 
     meets the criteria of this subsection and is excludable under 
     section 212(a) except for paragraphs (2), (3), (9)(A) of 
     section 212(a)''.
                                                                    ____


                           Amendment No. 3847

       At the end of the matter proposed to be inserted by the 
     amendment, insert the following:

     SEC.   . TREATMENT OF CERTAIN ALIENS WHO SERVED WITH SPECIAL 
                   GUERRILLA UNITS IN LAOS.

       (a) Waiver of English Language Requirement for Certain 
     Aliens who Served With Special Guerrilla Units in Laos.--The 
     requirement of paragraph (1) of section 312(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1423(a)) shall not 
     apply to the naturalization of any person who--
       (1) served with a special guerrilla unit operating from a 
     base in Laos in support of the United States at any time 
     during the period beginning February 28, 1961, and ending 
     September 18, 1978, or
       (2) is the spouse or widow of a person described in 
     paragraph (1).
       (b) Naturalization Through Service in a Special Guerrilla 
     Unit in Laos.--
       (1) In general.--The first sentence of subsection (a) and 
     subsection (b) (other than paragraph (3)) of section 329 of 
     the Immigration and Nationality Act (8 U.S.C. 1440) shall 
     apply to an alien who served with a special guerrilla unit 
     operating from a base in Laos in support of the United States 
     at any time during the period beginning February 28, 1961, 
     and ending September 18, 1978, in the same manner as they 
     apply to an alien who has served honorably in an active-duty 
     status in the military forces of the United States during the 
     period of the Vietnam hostilities.
       (2) Proof.--The Immigration and Naturalization Service 
     shall verify an alien's service with a guerrilla unit 
     described in paragraph (1) through--
       (A) review of refugee processing documentation for the 
     alien,
       (B) the affidavit of the alien's superior officer,
       (C) original documents,
       (D) two affidavits from persons who were also serving with 
     such a special guerrilla unit and who personally knew of the 
     alien's service, or
       (E) other appropriate proof.
       (3) Construction.--The Service shall liberally construe the 
     provisions of this subsection to take into account the 
     difficulties inherent in proving service in such a guerrilla 
     unit.
                                 ______


                        KOHL AMENDMENT NO. 3848

  (Ordered to lie on the table.)
  Mr. KOHL submitted an amendment intended to be proposed by him to 
amendment No. 3743 by Mr. Simpson to the bill S. 1664, supra; as 
follows:

       On page 167, between lines 10 and 11, insert the following:

     SEC. 304. MAIL-ORDER BRIDE BUSINESS.

       (a) Congressional Findings.--The Congress makes the 
     following findings:
       (1) There is a substantial ``mail-order bride'' business in 
     the United States. With approximately 200 companies in the 
     United States, an estimated 2,000 to 3,500 American men find 
     wives through mail-order bride catalogs each year. However, 
     there are no official statistics available on the number of 
     mail-order brides entering the United States each year.
       (2) The companies engaged in the mail-order bride business 
     earn substantial profits from their businesses.
       (3) Although many of these mail-order marriages work out, 
     in many other cases, anecdotal evidence suggests that mail-
     order brides often find themselves in abusive relationships. 
     There is also evidence to suggest that a substantial number 
     of mail-order marriages constitute marriage fraud under 
     United States law.
       (4) Many mail-order brides comes to the United States 
     unaware or ignorant of United States immigration law. Mail-
     order brides who are battered spouses often think that if 
     they flee an abusive marriage, they will be deported. Often 
     the citizen spouse threatens to have them deported if they 
     report the abuse.
       (5) The Immigration and Naturalization Service estimates 
     the rate of marriage fraud between foreign nationals and 
     United States citizens or legal permanent residents as up to 
     five percent. It is unclear what percent of those marriage 
     fraud cases originated as mail-order marriages.
       (b) Information Dissemination.--Each international 
     matchmaking organization doing business in the United States 
     shall disseminate to recruits, upon recruitment, such 
     immigration and naturalization information as the Immigration 
     and Naturalization Service deems appropriate, in the 
     recruit's native language, including information regarding 
     conditional permanent residence status, permanent resident 
     status, the battered spouse waiver of conditional permanent 
     resident status requirement, marriage fraud penalties, 
     immigrants' rights, the unregulated nature of the business, 
     and the study mandated in subsection (c).
       (c) Study.--The Attorney General, in consultation with the 
     Commission of Immigration and Naturalization and the Violence 
     Against Women Office of the Department of Justice, shall 
     conduct a study to determine, among other things--
       (1) the number of mail-order marriages;
       (2) the extent of marriage fraud arising as a result of the 
     services provided by international matchmaking organizations;
       (3) the extent to which mail-order spouses utilize section 
     244(a)(3) of the Immigration and Nationality Act providing 
     for waiver of deportation in the event of abuse, or section 
     204(a)(1)(A)(iii) of such Act providing for self-petitioning 
     for permanent resident status;
       (4) the extent of domestic abuse in mail-order marriages; 
     and
       (5) the need for continued or expanded regulation and 
     education to implement the objectives of the Violence Against 
     Women Act of 1994 in this area.
       (d) Report.--Not later than one year after the date of 
     enactment of this Act, the Attorney General shall submit a 
     report to the Congress setting forth the results of the study 
     conducted under subsection (c).
       (e) Civil Penalty.--(1) The Attorney General shall impose a 
     civil penalty of not to exceed $20,000 for each violation of 
     subsection (b).
       (2) Any penalty under paragraph (1) may be imposed only 
     after notice and opportunity for an agency hearing on the 
     record in accordance with sections 554 through 557 of title 
     5, United States Code.
       (f) Definitions.--As used in this section:
       (1) International matchmaking organization.--The term 
     ``international matchmaking organization'' means a 
     corporation, partnership, business, or other legal entity, 
     whether or not organized under the laws of the United States 
     or any State, that does business in the United States and for 
     profit offers to United States citizens or permanent resident 
     aliens, dating, matrimonial, or social referral services to 
     nonresident, noncitizens, by--
       (A) an exchange of names, telephone numbers, addresses, or 
     statistics;
       (B) selection of photographs; or
       (C) a social environment provided by the organization in a 
     country other than the United States.
       (2) Recruit.--The term ``recruit'' means a noncitizen, 
     nonresident person, recruited by the international 
     matchmaking organization for the purpose of providing dating, 
     matrimonial, or social referral services to United States 
     citizens or permanent resident aliens.
                                 ______


                 HELMS (AND OTHERS) AMENDMENT NO. 3849

  (Ordered to lie on the table.)
  Mr. HELMS (for himself, Mr. Craig, and Mr. Gramm) submitted an 
amendment intended to be proposed by them to the bill S. 1664, supra; 
as follows:

       At the appropriate place in the amendment, add the 
     following:
       Sec.   . (a) Notwithstanding any other provision of law, 
     none of the funds made available, or to be made available, to 
     the Legal Services Corporation may be used to provide 
     financial assistance to any person or entity that provides 
     legal assistance for or on behalf of any alien, unless the 
     alien is present in the United States and is--
       (1) an alien lawfully admitted for permanent residence as 
     defined in section 101(a)(20) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(20); or
       (2) an alien who--
       (A) is married to a United States citizen or is a parent or 
     an unmarried child under the age of 21 years of such a 
     citizen; and
       (B) has filed an application to adjust the status of the 
     alien to the status of a lawful permanent resident under the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq), which 
     application has not been rejected;
       (3) an alien who is lawfully present in the United States 
     pursuant to an admission under section 207 of the Immigration 
     and Nationality Act (8 U.S.C. 1157) (relating to refugee 
     admission) or who has been granted asylum by the Attorney 
     General under such Act;
       (4) an alien who is lawfully present in the United States 
     as a result of withholding of deportation by the Attorney 
     General pursuant to section 243(h) of the Immigration and 
     Nationality Act (8 U.S.C. 1253(h));
       (5) an alien who is lawfully present in the United States 
     as a result of being granted conditional entry to the United 
     States before April 1, 1980, pursuant to section 203(a)(7) of 
     the Immigration and Nationality Act (8 U.S.C. 1153(a)(7)), as 
     in effect on March 31, 1980, because of persecution or fear 
     of persecution on account of race, religion, or political 
     calamity.
                                 ______


             HUTCHISON (AND KYL) AMENDMENTS NOS. 3850-3851

  (Ordered to lie on the table.)
  Mrs. HUTCHISON (for herself and Mr. Kyl) submitted two amendments 
intended to be proposed by them to the bill S. 1664, supra; as follows:

                           Amendment No. 3850

       At the end of the appropriate place, insert the following 
     new section:

     SEC.  .  REDEPLOYMENT OF BORDER PATROL PERSONNEL LOCATED AT 
                   INTERIOR STATIONS.

       The Immigration and Naturalization Service shall, when 
     redeploying Border Patrol personnel from interior stations, 
     act in conjunction with and coordinate with state and local 
     law enforcement agencies to ensure that such redeployment 
     does not compromise or degrade the law enforcement functions 
     and capabilities currently performed at interior Border 
     Patrol stations.

[[Page S4349]]



                           Amendment No. 3851

       At the appropriate place insert the following new section:

     SEC.  . DISQUALIFICATION FROM ATTAINING NONIMMIGRANT OR 
                   PERMANENT RESIDENCE STATUS.

       (a) Disapproval of Petitions.--Section 204 of the 
     Immigration and Nationality Act (8 U.S.C. 1154) is amended by 
     adding at the end the following new subsection:
       ``(i) Restrictions on future entry of aliens apprehended 
     for violating immigration laws.
       ``(1) The Attorney General may not approve any petition for 
     lawful permanent residence status filed by an alien or any 
     person on behalf of an alien (other than petitions filed by 
     or on behalf of spouses of U.S. citizens or of aliens 
     lawfully admitted for permanent residence) who has at any 
     time been apprehended in the United States for (A) entry 
     without inspection, or (B) failing to depart from the United 
     States within one year of the expiration of any nonimmigrant 
     visa, until the date that is ten years after the alien's 
     departure or removal from the United States.
       (b) Violation of Immigration Law as Grounds for 
     Exclusion.--Section 212(a)(6) of the Immigration and 
     Nationality Act (8 U.S.C. 1182(a)(6)) is amended by adding at 
     the end the following new subsection:
       ``(G) Aliens previously apprehended.
       ``Any alien who (i) has at any time been apprehended in the 
     United States for entry without inspection, or (ii) has 
     failed to depart from the United States within one year of 
     the expiration date of any nonimmigrant visa, unless such 
     alien has applied for and been granted asylum or refugee 
     status in the United States or has a bona fide application 
     for asylum pending, is excludable until the date that is ten 
     years after the alien's departure or removal from the United 
     States.''.
       (c) Denial of Adjustment of Status.--Section 245(c) of the 
     Immigration and Nationality Act (8 U.S.C. 1255(c)) is 
     amended--
       (1) by striking ``or (5)'' and inserting ``(5)''; and
       (2) by inserting before the period the following: ``or (6) 
     any alien who (A) has at any time been apprehended in the 
     United States for entry without inspection, or (B) has failed 
     to depart from the United States within one year of the 
     expiration under section 208 date of any nonimmigrant visa, 
     unless such alien has applied for and been granted asylum or 
     refugee status in the United States or has a bona fide 
     application for asylum pending.''.
       (d) Exceptions.--Section 245 (8 U.S.C. 1254) is amended by 
     adding at the end the following new subsection:
       ``(k) The following periods of time shall be excluded from 
     the determination of periods of unauthorized stay under 
     subsection (c)(6)(B) and section 204(i):
       (1) Any period of time in which an alien is under 18 years 
     of age.
       (2) Any period of time in which an alien has a bona fide 
     application for asylum pending under section 208.
       (3) Any period of time during which an alien is provided 
     authorization to engage in employment in the United States 
     (including such an authorization under section 
     244A(a)(1)(B)), or in which the alien is the spouse of such 
     an alien.
       (4) Any period of time during which the alien is a 
     beneficiary of family unity protection pursuant to section 
     301 on the Immigration Act of 1990.
       (5) Any period of time for which the alien demonstrates 
     good cause for remaining in the United States without the 
     authorization of the Attorney General.
                                 ______


                        SNOWE AMENDMENT NO. 3852

  (Ordered to lie on the table.)
  Ms. Snowe submitted an amendment intended to be proposed by her to 
amendment No. 3743 proposed by Mr. Simpson to the bill S. 1664, supra; 
as follows:

       At the end of the matter proposed to be inserted by the 
     amendment, insert the following:

                  TITLE III--MISCELLANEOUS PROVISIONS

     SEC. 301. CUSTOMS SERVICES AT CERTAIN AIRPORTS.

       Section 13031(c)(2) of the Consolidated Omnibus 
     Reconciliation Act of 1985 (19 U.S.C. 58c(c)(2)) is amended 
     by inserting ``(or an airport that is expected to receive 
     more than 50,000 international passengers annually)'' after 
     ``port of entry.''
                                 ______


                    SIMPSON AMENDMENTS NO. 3853-3855

  (Ordered to lie on the table.)
  Mr. SIMPSON submitted three amendments intended to be proposed by him 
to amendment No. 3743 proposed by him to the bill S. 1664, supra; as 
follows:

                           Amendment No. 3853

       Amend section 112(a)(1)(A) to read as follows:
       (A)(i) Subject to clause (ii) and (iv), the President, 
     acting through the Attorney General, shall begin conducting 
     several local or regional projects, and a project in the 
     legislative branch of the Federal Government, to demonstrate 
     the feasibility of alternative systems for verifying 
     eligibility for employment in the United States, and 
     immigration status in the United States for purposes of 
     eligibility for benefits under public assistance programs (as 
     defined in section 201(f)(3) and government benefits 
     described in section 301(f)(4)).
       (ii) Each project under this section shall be consistent 
     with the objectives of section 111(b) and this section and 
     shall be conducted in accordance with an agreement entered 
     into with the State, locality, employer, other entity, or the 
     legislative branch of the Federal Government, as the case may 
     be.
       (iii) In determining which State(s), localities, employers, 
     or other entities shall be designated for such projects, the 
     Attorney General shall take into account the estimated number 
     of excludable aliens and deportable aliens in each State or 
     locality.
       (iv) At a minimum, at least one project of the kind 
     described in paragraph (2)(E), at least one project of the 
     kind described in paragraph (2)(F), and at least one project 
     of the kind described in paragraph (2)(G), shall be 
     conducted.
       Section 112(f) is amended to read as follows:
       (f) System Requirements.--
       (1) In general.--Demonstration projects conducted under 
     this section shall substantially meet the criteria in section 
     111(c)(1), except that with respect to the criteria in 
     subparagraphs (D) and (G) of section 111(c)(1), such projects 
     are required only to be likely to substantially meet the 
     criteria, as determined by the Attorney General.
       (2) Superseding effect.--(A) If the Attorney General 
     determines that any demonstration project conducted under 
     this section substantially meets the criteria in section 
     111(c)(1), other than the criteria in subparagraphs (D) and 
     (G) of that section, and meets the criteria in such 
     subparagraphs (D) and (G) to a sufficient degree, the 
     requirements for participants in such project shall apply 
     during the remaining period of its operation in lieu of the 
     procedures required under section 274A(b) of the Immigration 
     and Nationality Act. Section 274B of such Act shall remain 
     fully applicable to the participants in the project.
       (B) If the Attorney General makes the determination 
     referred to in subparagraph (A), the Attorney General may 
     require other, or all, employers in the geographical area 
     covered by such project to participate in it during the 
     remaining period of its operation.
       (C) The Attorney General may not require any employer to 
     participate in such a project except as provided in 
     subparagraph (B).
                                                                    ____


                           Amendment No. 3854

       Sec. 112(a) is amended on page 31, after line 18, by adding 
     the following new subsection:
       ``(i) Definition of Regional Project.--For purposes of this 
     section, the term ``regional project'' means a project 
     conducted in a geographical area which includes more than a 
     single locality but which is smaller than an entire State.''.
                                                                    ____


                           Amendment No. 3855

       In sec. 118(b), on page 42, delete lines 18 through 19 and 
     insert the following:
       ``(5) Effectiveness dates.--
       ``(A) Except as otherwise provided in subparagraph (B) or 
     (C), this subsection shall take effect on October 1, 2000.
       ``(B)(i) With respect to driver's licenses or 
     identification documents issued by States that issue such 
     licenses or documents for a period of validity of six years 
     or less, paragraphs (1) and (3) shall apply beginning on 
     October 1, 2000, but only to licenses or documents issued to 
     an individual for the first time and to replacement or 
     renewal licenses issued according to State law.
       ``(ii) With respect to driver's licenses or identification 
     documents issued in States that issue such licenses or 
     documents for a period of validity of more than six years, 
     paragraphs (1) and (3) shall apply--
       ``(I) during the period of October 1, 2000 through 
     September 30, 2006, only to licenses or documents issued to 
     an individual for the first time and to replacement or 
     renewal licenses issued according to State law, and
       ``(II) beginning on October 1, 2006, to all driver's 
     licenses or identification documents issued by such States.
       ``(C) Paragraph (4) shall take effect on October 1, 2006.''
                                 ______


                       SIMPSON AMENDMENT NO. 3856

  (Ordered to lie on the table.)
  Mr. SIMPSON submitted an amendment intended to be proposed by him to 
the bill S. 1644, supra; as follows:

       At an appropriate place, insert the following new section:

     SEC.    . IMPROVING AND PROTECTING THE INTEGRITY OF THE 
                   SOCIAL SECURITY ACCOUNT NUMBER CARD.

       (a) Improvements to Card.--
       (1) In general.--For purposes of carrying out section 174A 
     of the Immigration and Nationality Act, the Commissioner of 
     Social Security (in this section referred to as the 
     ``Commissioner'') shall make such improvements to the 
     physical design, technical specifications, and materials of 
     the Social Security account number card as are necessary to 
     ensure that it is a genuine official document and that it 
     offers the best possible security against counterfeiting, 
     forgery, alteration, and misuse.
       (2) Performance standards.--In making such improvements 
     required in paragraph (l), the Commissioner shall make the 
     card as secure against counterfeiting as the 100 dollar 
     Federal Reserve note, with a rate of counterfeit detection 
     comparable to the 100 dollar Federal Reserve note.

[[Page S4350]]

       (b) Use for Employment Verification.--Beginning on January 
     1, 2006, a document described in section 274A(b)(l)(C) of the 
     Immigration and Nationality Act is a secured social security 
     account number card (other than such a card which specifies 
     on the face that the issuance of the card does not authorize 
     employment in the United States).
       (c) Not a National Identification Card.--Cards issued 
     pursuant to this section shall not be required to be carried 
     upon one's person and nothing in this section shall be 
     construed as authorizing establishment of a national 
     identification card.
       (c) No New Databases.--Nothing in this section shall be 
     construed as authorizing the establishment of any new 
     databases.
       (e) Education Campaign.--The Commissioner of Immigration 
     and Naturalization, in consultation with the Commissioner of 
     Social Security, shall conduct a comprehensive campaign to 
     educate employers about the security features of the secured 
     social security card and how to detect counterfeit and 
     fraudulently used social security account number cards.
       (f) Annual Reports.--The Commissioner of Social Security, 
     shall submit to Congress by July 1 of each year a report on--
       (1) the progress and status of developing a secured social 
     security account number card under this section,
       (2) the incidence of counterfeit production and fraudulent 
     use of social security account number cards, and
       (3) the steps being taken to detect and prevent such 
     counterfeiting and fraud.
       (g) GAO Annual Audits.--The Comptroller General shall 
     perform an annual audit, the results of which are to be 
     presented to the Congress by January 1 of each year, on the 
     performance of the Social Security Administration in meeting 
     the requirements in subsection (a).
       (h) Expenses.--No costs incurred in developing and issuing 
     cards under this section that are above the costs that would 
     have been incurred for cards issued in the absence of this 
     section shall be paid for out of any Trust Fund established 
     under the Social Security Act. There are authorized to be 
     appropriated such sums as may be necessary to carry out this 
     section.
                                 ______


                   SIMPSON AMENDMENTS NOS. 3857-3858

  (Ordered to lie on the table.)
  Mr. SIMPSON submitted two amendments intended to be proposed by him 
to amendment No. 3743 proposed by him to the bill S. 1664, supra; as 
follows:

                           Amendment No. 3857

       Amend section 118(a)(3) to read as follows:
       (B) The conditions described in this subparagraph include--
       (i) the presence on the original birth certificate of a 
     notation that the individual is deceased, or
       (ii) actual knowledge by the issuing agency that the 
     individual is deceased obtained through information provided 
     by the Social Security Administration, by an interstate 
     system of birth-death matching, or otherwise.
       (3) Grants to states.--(A)(i) The Secretary of Health and 
     Human Services, in consultation with other agencies 
     designated by the President, shall establish a fund, 
     administered through the National Center for Health 
     Statistics, to provide grants to the States to encourage them 
     to develop the capability to match birth and death records, 
     within each States and among the States, and to note the fact 
     of death on the birth certificates of deceased persons. In 
     developing the capability described in the preceding 
     sentence, States shall focus first on persons who were born 
     after 1950.
       (ii) Such grants shall be provided in proportion to 
     population and in an amount needed to provide a substantial 
     incentive for the States to develop such capability.
                                                                    ____


                           Amendment No. 3858

       In section 118(a) on page 41, strike lines 1 and 2, and 
     insert the following:
       ``(6) Effective dates.--
       ``(A) Except as otherwise provided in subparagraph (B) and 
     in paragraph (4), this subsection shall take effect two years 
     after the enactment of this Act.
       ``(B) Paragraph (1)(A) shall take effect two years after 
     the submission of the report described in paragraph (4)(B).''
                                 ______


                       SIMPSON AMENDMENT NO. 3859

  (Ordered to lie on the table.)
  Mr. SIMPSON submitted an amendment intended to be proposed by him to 
the bill S. 1664, supra; as follows:

       Section 118(b)(1) is amended to read as follows:
       (b) State-Issued Drivers Licenses.--
       (1) Social security account number.--Each State-issued 
     driver's license and identification document shall contain a 
     social security account number, except that this paragraph 
     shall not apply if the document or license is issued by a 
     State that requires, pursuant to a statute, regulation, or 
     administrative policy which was respectively, enacted, 
     promulgated, or implemented, prior to the date of enactment 
     of this Act, that--
       (A) every applicant for such license or document submit the 
     number, and
       (B) an agency of such State verify with the Social Security 
     Administration that the number is valid and is not a number 
     assigned for use by persons without authority to work in the 
     United States, but not that the number appear on the card.
                                 ______


                   SIMPSON AMENDMENTS NOS. 3860-3862

  (Ordered to lie on the table.)
  Mr. SIMPSON submitted three amendments intended to be proposed by him 
to amendment No. 3743 proposed by him to the bill S. 1664, supra; as 
follows:

                           Amendment No. 3860

       In section 118(a), on page 40, line 24, after ``birth'' 
     insert: ``of--
       ``(A) a person born in the United States, or
       ``(B) a person born abroad who is a citizen or national of 
     the United States at birth, whose birth is''.
                                                                    ____


                           Amendment No. 3861

       Amend section 118(a)(4) to read as follows:
       (B) The Secretary of Health and Human Services shall 
     establish a fund, administered through the National Center 
     for Health Statistics, to provide grants to the States for a 
     project in each of 5 States to demonstrate the feasibility of 
     a system by which each such State's office of vital 
     statistics would be provided, within 24 hours, sufficient 
     information to establish the fact of death of every 
     individual dying in such State.
       (C) There are authorized to be appropriated to the 
     Department of Health and Human Services such amounts as may 
     be necessary to provide the grants described in subparagraphs 
     (A) and (B).
       (4) Report.--(A) Not later than one year after the date of 
     the enactment of this Act, the Secretary of Health and Human 
     Services shall submit a report to the Congress on ways to 
     reduce the fraudulent obtaining and the fraudulent use of 
     birth certificates, including any such use to obtain a social 
     security account number or a State or Federal document 
     related to identification or immigration.
       (B) Not later than one year after the date of enactment of 
     this Act, the agency designated by the President in paragraph 
     (1)(B) shall submit a report setting forth, and explaining, 
     the regulations described in such paragraph.
       (C) There are authorized to be appropriated to the 
     Department of Health and Human Services such amounts as may 
     be necessary for the preparation of the report described in 
     subparagraph (A).
       (5) Certificate of Birth.--As used in this section, the 
     term ``birth certificate'' means a certificate of birth 
     registered in the United States.
                                                                    ____


                           Amendment No. 3862

       Amend section 118(a)(1) to read as follows:
       (a) Birth Certificates.--
       (1) Limitation on acceptance.--(A) No Federal agency, 
     including but not limited to the Social Security 
     Administration and the Department of State, and no State 
     agency that issues driver's licenses or identification 
     documents, may accept for any official purpose a copy of a 
     birth certificate, as defined in paragraph (5), unless it is 
     issued by a State or local authorized custodian of record and 
     it conforms to standards described in subparagraph (B).
       (B) The standards described in this subparagraph are those 
     set forth in regulations promulgated by the Federal agency 
     designated by the President after consultation with such 
     other Federal agencies as the President shall designate and 
     with State vital statistics offices, and shall--
       (i) include but not be limited to--
       (I) certification by the agency issuing the birth 
     certificate, and
       (II) use of safety paper, the seal of the issuing agency, 
     and other features designed to limit tampering, 
     counterfeiting, and photocopying, or otherwise duplicating, 
     for fraudulent purposes.
       (ii) not require a single design to which the official 
     birth certificate copies issued by each State must conform; 
     and
       (iii) accommodate the differences between the States in the 
     manner and form in which birth records are stored and in how 
     birth certificate copies are produced from such records.
       (2) Limitation on issuance.--(A) If one or more of the 
     conditions described in subparagraph (B) is present, no State 
     or local government agency may issue an official copy of a 
     birth certificate pertaining to an individual unless the copy 
     prominently notes that such individual is deceased.
                                 ______


                        ROTH AMENDMENT NO. 3863

  (Ordered to lie on the table.)
  Mr. ROTH submitted an amendment intended to be proposed by him to the 
bill S. 1664, supra; as follows:

       Beginning on page 184, line 11, strike all through page 
     185, line 2, and insert the following:
       (c) Social Security Benefits.--(1) Section 202 of the 
     Social Security Act (42 U.S.C. 402) is amended by adding at 
     the end the following new subsection:
       ``(y)(1) Notwithstanding any other provision of law and 
     except as provided in paragraph (2), no monthly benefit under 
     this title shall be payable to any alien in the United

[[Page S4351]]

     States for any month during which such alien is not lawfully 
     present in the United States as determined by the Attorney 
     General.
       ``(2) Paragraph (1) shall not apply in any case where 
     entitlement to such benefit is based on an application filed 
     before the date of the enactment of this subsection.''
                                 ______


                     REID AMENDMENTS NOS. 3864-3865

  (Ordered to lie on the table.)
  Mr. REID submitted two amendments intended to be proposed by him to 
amendment No. 3743 proposed by Mr. Simpson to the bill S. 1664, supra; 
as follows:

                           Amendment No. 3864

       At the appropriate place in the matter proposed to be 
     inserted, insert the following new section:

     SEC.   . PASSPORTS ISSUED FOR CHILDREN UNDER 16.

       (a) In General.--Section 1 of title IX of the Act of June 
     15, 1917 (22 U.S.C. 213) is amended--
       (1) by striking ``Before'' and inserting ``(a) In 
     General.--Before'', and
       (2) by adding at the end the following new subsection:
       ``(b) Passports Issued for Children Under 16.--
       ``(1) Signatures required.--In the case of a child under 
     the age of 16, the written application required as a 
     prerequisite to the issuance of a passport for such child 
     shall be signed by--
       ``(A) both parents of the child if the child lives with 
     both parents;
       ``(B) the parent of the child having primary custody of the 
     child if the child does not live with both parents; or
       ``(C) the surviving parent (or legal guardian) of the 
     child, if 1 or both parents are deceased.
       ``(2) Waiver.--The Secretary of State may waive the 
     requirements of paragraph (1)(A) if the Secretary determines 
     that circumstances do not permit obtaining the signatures of 
     both parents.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to applications for passports filed on or after 
     the date of the enactment of this Act.
                                                                    ____


                           Amendment No. 3865

       At the appropriate place in the matter proposed to be 
     inserted by the amendment, insert the following:

     SEC.   . FEMALE GENITAL MUTILATION.

       (a) Congressional Findings.--The Congress finds that--
       (1) the practice of female genital mutilation is carried 
     out by members of certain cultural and religious groups 
     within the United States;
       (2) the practice of female genital mutilation often results 
     in the occurrence of physical and psychological health 
     effects that harm the women involved;
       (3) such mutilation infringes upon the guarantees of rights 
     secured by Federal and State law, both statutory and 
     constitutional;
       (4) the unique circumstances surrounding the practice of 
     female genital mutilation place it beyond the ability of any 
     single State or local jurisdiction to control;
       (5) the practice of female genital mutilation can be 
     prohibited without abridging the exercise of any rights 
     guaranteed under the First Amendment to the Constitution or 
     under any other law; and
       (6) Congress has the affirmative power under section 8 of 
     article I, the necessary and proper clause, section 5 of the 
     Fourteenth Amendment, as well as under the treaty clause of 
     the Constitution to enact such legislation.
       (b) Basis of Asylum.--(1) Section 101(a)(42) (8 U.S.C. 
     1101(a)(2)) is amended--
       (A)--by inserting after ``political opinion'' the first 
     place it appears: ``or because the person has been threatened 
     with an act of female genital mutilation'';
       (B) by inserting after ``political opinion'' the second 
     place it appears the following: ``, or who has been 
     threatened with an act of female genital mutilation'';
       (C) by inserting after ``political opinion'' the third 
     place it appears the following: ``or who ordered, threatened, 
     or participated in the performance of female genital 
     mutilation''; and
       (D) by adding at the end the following new sentence: ``The 
     term `female genital mutilation' means an action described in 
     section 116(a) of title 18, United States Code.''.
       (2) Section 243(h)(1) (8 U.S.C. 1253(h)(1)) is amended by 
     inserting after ``political opinion'' the following: ``or 
     would be threatened with an act of female genital 
     mutilation''.
       (c) Criminal Conduct.--
       (1) In general.--Chapter 7 of title 18, United States Code, 
     is amended by adding at the end the following new section:

     ``Sec. 116. Female genital multilation

       ``(a) Except as provided in subsection (b), whoever 
     knowingly circumcises, excises, or infibulates the whole or 
     any part of the labia majora or labia minora or clitoris of 
     another person who has not attained the age of 18 years shall 
     be fined under this title or imprisoned not more than 5 
     years, or both.
       ``(b) A surgical operation is not a violation of this 
     section if the operation is--
       ``(1) necessary to the health of the person on whom it is 
     performed, and is performed by a person licensed in the place 
     of its performance as a medical practitioner; or
       ``(2) performed on a person in labor or who has just given 
     birth and is performed for medical purposes connected with 
     that labor or birth by a person licensed in the place it is 
     performed as a medical practitioner, midwife, or person in 
     training to become such a practitioner or midwife.
       ``(c) In applying subsection (b)(1), no account shall be 
     taken of the effect on the person on whom the operation is to 
     be performed of any belief on the part of that or any other 
     person that the operation is required as a matter of custom 
     or ritual.
       ``(d) Whoever knowingly, denies to any person medical care 
     or services or otherwise discriminates against any person in 
     the provision of medical care or services, because--
       ``(1) that person has undergone female circumcision, 
     excision, or infibulation; or
       ``(2) that person has requested that female circumcision, 
     excision, or infibulation be performed on any person;

     shall be fined under this title or imprisoned not more than 
     one year, or both.''.
       ``(2) Conforming amendment.--The table of sections at the 
     beginning of chapter 7 of title 18, United States Code, is 
     amended by adding at the end the following new item:

``116. Female genital mutilation.''.

       (d) Effective Date.--Subsection (c) shall take effect on 
     the date that is 180 days after the date of the enactment of 
     this Act.
                                 ______


                       SIMPSON AMENDMENT NO. 3866

  Mr. HATCH (for Mr. Simpson) proposed an amendment to amendment No. 
3743 proposed by Mr. Simpson to the bill S. 1664, supra; as follows:

       In the table of contents, in the item relating to section 
     152, insert ``deter'' after ``other methods to''.
       On page 56, between lines 16 and 17, insert the following:
       (d) Emergency Authority to Sentencing Commission.--The 
     Commission shall promulgate the guidelines or amendments 
     provided for under this section as soon as practicable in 
     accordance with the procedure set forth in section 21(a) of 
     the Sentencing Act of 1987, as though the authority under 
     that Act had not expired.
       On page 56, line 17, strike ``(d)'' and insert ``(e)''.
       On page 69, between lines 11 and 12, insert the following:
       (c) Emergency Authority to Sentencing Commission.--The 
     Commission shall promulgate the guidelines or amendments 
     provided for under this section as soon as practicable in 
     accordance with the procedure set forth in section 21(a) of 
     the Sentencing Act of 1987, as though the authority under 
     that Act had not expired.
       On page 69, line 12, strike ``(c)'' and insert ``(d)''.
       On page 81, between lines 9 and 10, insert the following:
       (d) Emergency Authority to Sentencing Commission.--The 
     Commission shall promulgate the guidelines or amendments 
     provided for under this section as soon as practicable in 
     accordance with the procedure set forth in section 21(a) of 
     the Sentencing Act of 1987, as though the authority under 
     that Act had not expired.
       (e) Effective Date.--This section and the amendments made 
     by this section shall apply with respect to offenses 
     occurring on or after the date of the enactment of this Act.
       On page 164, line 12, after ``United States'', insert the 
     following: ``(including the transportation of such aliens 
     across State lines to detention centers)''.
       On page 175, lines 1 and 2, strike ``subsections (b) and 
     (c)'' and insert in lieu thereof ``subsection (b)''.
       Beginning on page 175, strike line 13 and all that follows 
     through line 8 on page 177.
       On page 180, strike lines 6 through 9 and insert the 
     following:
       (iv) 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)),

       On page 180, line 10, strike ``(vi)'' and insert ``(v)''.
       On page 180, line 16, strike ``(vii)'' and insert ``(vi)''.
       On page 201, lines 3 and 4, strike ``section 
     201(a)(1)(A)(vii)'' and insert ``clause (iv) or (vi) of 
     section 201(a)(1)(A)''.
       On page 181, line 13, strike ``except'' and all that 
     follows through line 18 and insert the following: ``except--
       ``(i) if the alien is a nonimmigrant alien authorized to 
     work in the United States--

       ``(I) any professional or commercial license required to 
     engage in such work, if the nonimmigrant is otherwise 
     qualified for such license; or
       ``(II) any contract provided or funded by such an agency or 
     entity; or

       ``(ii) if the alien is an alien who is outside of the 
     United States, any contract provided or funded by such an 
     agency or entity.''.
       On page 187, line 19, strike ``except'' and all that 
     follows through line 24 and insert the following: ``except--

[[Page S4352]]

       ``(i) if the alien is a nonimmigrant alien authorized to 
     work in the United States--

       ``(I) any professional or commercial license required to 
     engage in such work, if the nonimmigrant is otherwise 
     qualified for such license; or
       ``(II) any contract provided or funded by such an agency or 
     entity; or

       ``(ii) if the alien is an alien who is outside of the 
     United States, any contract provided or funded by such an 
     agency or entity.''.
       On page 181, line 24, insert ``except elementary or 
     secondary education'' after ``government service''.
       Beginning on page 184, line 11, strike all through page 
     185, line 2, and insert the following:
       (c) Social Security Benefits.--Section 202 of the Social 
     Security Act (42 U.S.C. 402) is amended by adding at the end 
     the following new subsection:

                   ``Limitation on Payments to Aliens

       ``(y)(1) Notwithstanding any other provision of law and 
     except as provided in paragraph (2), no monthly benefit under 
     this title shall be payable to any alien in the United States 
     for any month during which such alien is not lawfully present 
     in the United States as determined by the Attorney General.
       ``(2) Paragraph (1) shall not apply in any case where 
     entitlement to such benefit is based on an application filed 
     before the date of the enactment of this subsection.''.
       On page 186, line 24, strike ``or''.
       On page 187, line 3, strike the period and insert ``, or''.
       On page 187, after line 3, insert the following:
       (F) an alien who--
       (i) 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; and
       (ii) has petitioned (or petitions within 45 days after the 
     first application for means-tested government assistance 
     under SSI, AFDC, social services block grants; Medicaid, food 
     stamps, or housing assistance) for--

       (I) status as a spouse or a child of a United States 
     citizen pursuant to clause (ii), (iii), or (iv) of section 
     204(a)(1)(A) of the Immigration and Nationality Act,
       (II) classification pursuant to clause (ii) or (iii) of 
     section 204(a)(1)(B) of the Act, or
       (III) suspension of deportation and adjustment of status 
     pursuant to section 244(a)(3) of such Act, or

       (iii) is the beneficiary of a petition for status as a 
     spouse or child of a United States citizen pursuant to clause 
     (i) of section 204(a)(1)(A) of the Immigration and 
     Nationality Act, or of a petition filed for classification 
     pursuant to clause (i) of section 204(a)(1)(B) of such Act; 
     or
       (G) an alien whose child--
       (i) has been battered or subjected to extreme cruelty in 
     the United States by a spouse or a parent of the alien 
     (without the active participation of the alien in the battery 
     or extreme cruelty), 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, and the alien did not actively participate in such 
     battery or cruelty; and
       (ii) has petitioned (or petitions within 45 days after the 
     first application for assistance from a means-tested 
     government assistance program) for--

       (I) status as a spouse or a child of a United States 
     citizen pursuant to clause (ii), (iii), or (iv) of section 
     204(a)(1)(A) of the Immigration and Nationality Act,
       (II) classification pursuant to clause (ii) or (iii) of 
     section 204(a)(1)(B) of the Act, or
       (III) suspension of deportation and adjustment of status 
     pursuant to section 244(a)(3) of such Act, or

       (iii) is the beneficiary of a petition for status as a 
     spouse or child of a United States citizen pursuant to clause 
     (i) of section 204(a)(1)(A) of the Immigration and 
     Nationality Act, or of a petition filed for classification
       On page 188, line 16, strike ``Any'' and insert ``Except as 
     provided in subparagraphs (B) and (E), any''.
       On page 188, line 19, after ``deportable'' insert ``for a 
     period of five years after the immigrant last receives a 
     benefit during the public charge period under any of the 
     programs described in subparagraph (D)''.
       On page 190, line 25, strike the quotation marks and the 
     period the second place it appears.
       On page 190, after line 25, add the following:
       ``(E) Special rule for battered women and children.--(i) 
     For purposes of any determination under subparagraph (A), and 
     except as provided under clause (ii), the aggregate period 
     shall be 48 months within the first 7 years of entry if the 
     alien can demonstrate that (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 extreme 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, and the need for the public benefits received has a 
     connection to the battery or cruelty described in subclause 
     (I) or (II).
       ``(ii) For the purposes of a determination under 
     subparagraph (A), the aggregate period may exceed 48 months 
     within the first 7 years of entry if the alien can 
     demonstrate that any battery or cruelty under clause (ii) is 
     ongoing, has led to the issuance of an order of a judge or an 
     administrative law judge or a prior determination of the 
     Service, and that such battery or cruelty has a causal 
     relationship to the need for the benefits received.pursuant 
     to clause (i) of section 204(a)(1)(B) of such Act.
       On page 190, line 25, insert after ``1996'' the following: 
     ``or any student assistance received or approved for receipt 
     under title IV, V, IX, or X of the Higher Education Act of 
     1965 in an academic year which ends or begins in the calendar 
     year in which this Act is enacted until the matriculation of 
     their education''.
       On page 191, line 12, strike ``described in'' and insert 
     ``deportable under''.
       On page 191, line 15, strike ``described in'' and insert 
     ``deportable under''.
       On page 199, line 14, after ``law'', insert ``, except as 
     provided in section 204(c)(2)''.
       On page 199, line 1, after ``(c) Length of Deeming 
     Period.--'', insert ``(1)''.
       On page 202, between lines 5 and 6, insert the following:
       (f) Special Rule for Battered Women and Children.--
     Notwithstanding any other provision of law, subsection (a) 
     shall not apply--
       (1) for up to 48 months if the alien can demonstrate that 
     (A) 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 to 
     or acquiesced to such battery or cruelty, or (B) the alien's 
     child has been battered or subjected to extreme cruelty in 
     the United States by the 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's 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, and the 
     battery or cruelty described in clause (i) or (ii) has a 
     causal relationship to the need for the public benefits 
     applied; and
       (2) for more than 48 months if the alien can demonstrate 
     that such battery or cruelty under paragraph (1) is ongoing, 
     has led to the issuance of an order of a judge or 
     administrative law judge or a prior determination of the 
     Service and that such battery or cruelty has a causal 
     relationship to the need for the benefits received.
       Beginning on page 203, strike line 22 and all that follows 
     through line 3 on page 206.
       On page 214, between lines 21 and 22, insert the following:
                     Subtitle C--Housing Assistance

     SEC. 221. SHORT TITLE.

       This subtitle may be cited as the ``Use of Assisted Housing 
     by Aliens Act of 1996''.

     SEC. 222. 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 that 
     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. 223. ACTIONS IN CASES OF TERMINATION OF FINANCIAL 
                   ASSISTANCE.

       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), by striking 
     ``may, in its discretion,'' and inserting ``shall'';
       (2) in subparagraph (A), by adding at the end the 
     following: ``Financial assistance continued under this 
     subparagraph for a family may 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 that assistance under the 
     program of financial assistance and under this section.''; 
     and
       (3) in subparagraph (B)--
       (A) by striking ``6-month period'' and all that follows 
     through the end of the subparagraph and inserting ``single 3-
     month period.'';
       (B) by inserting ``(i)'' after ``(B)'';
       (2) Nothing in this subsection (c) shall affect any 
     obligation or liability of any individual or employer under 
     title 21 of subtitle C of the Internal Revenue Code.
       (3) No more than eighteen months following enactment of 
     this Act, the Comptroller

[[Page S4353]]

     General is directed to conduct and complete a study of 
     whether, and to what extent, individuals who are not 
     authorized to work in the United States are qualifying for 
     Old Age, Survivors, and Disability Insurance (OASDI) benefits 
     based on their earnings record.
       (C) by striking ``Any deferral'' and inserting the 
     following:
       ``(ii) Except as provided in clause (iii) and subject to 
     clause (iv), any deferral''; and
       (D) by adding at the end the following new clauses:
       ``(iii) The time period described in clause (ii) 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 that Act.
       ``(iv) The time period described in clause (ii) shall be 
     extended for a period of 1 month in the case of any 
     individual who is provided, upon request, with a hearing 
     under this section.''.

     SEC. 224. VERIFICATION OF IMMIGRATION STATUS AND ELIGIBILITY 
                   FOR FINANCIAL ASSISTANCE.

       Section 214(d) of the Housing and Community Development Act 
     of 1980 (42 U.S.C. 1436a(d)) is amended--
       (1) in the matter preceding paragraph (1), by inserting 
     ``or to be'' after ``being'';
       (2) in paragraph (1)(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 that the 
     individual is younger than 62 years of age, the declaration 
     shall be verified by the Immigration and Naturalization 
     Service. If the declaration states that the individual is a 
     citizen or national of the United States, the Secretary of 
     Housing and Urban Development may request verification of the 
     declaration by requiring presentation of documentation that 
     the Secretary considers appropriate, including a United 
     States passport, resident alien card, alien registration 
     card, social security card, or other documentation.'';
       (3) in paragraph (2)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``on the date of the enactment of the Housing and Community 
     Development Act of 1987'' and inserting ``on the date of 
     enactment of the Use of Assisted Housing by Aliens Act of 
     1996 or applying for financial assistance on or after that 
     date''; and
       (B) by adding at the end the following:

     ``In the case of an individual applying for financial 
     assistance on or after the date of enactment of the Use of 
     Assisted Housing by Aliens Act of 1996, the Secretary may not 
     provide any such assistance for the benefit of that 
     individual before documentation is presented and verified 
     under paragraph (3) or (4).'';
       (4) in paragraph (4)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``on the date of the enactment of the Housing and Community 
     Development Act of 1987'' and inserting ``on the date of 
     enactment of the Use of Assisted Housing by Aliens Act of 
     1996 or applying for financial assistance on or after that 
     date'';
       (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:
       ``(ii) in the case of any individual receiving assistance 
     on the date of enactment of the Use of Assisted Housing by 
     Aliens Act of 1996, may not delay, deny, reduce, or terminate 
     the eligibility of that individual for financial assistance 
     on the basis of the immigration status of that individual 
     until the expiration of that 30-day period; and
       ``(iii) in the case of any individual applying for 
     financial assistance on or after the date of enactment of the 
     Use of Assisted Housing by Aliens Act of 1996, may not deny 
     the application for such assistance on the basis of the 
     immigration status of that individual until the expiration of 
     that 30-day period; and''; and
       (C) in subparagraph (B), by striking clause (ii) and 
     inserting the following:
       ``(ii) pending such verification or appeal, the Secretary 
     may not--

       ``(I) in the case of any individual receiving assistance on 
     the date of enactment of the Use of Assisted Housing by 
     Aliens Act of 1996, delay, deny, reduce, or terminate the 
     eligibility of that individual for financial assistance on 
     the basis of the immigration status of that individual; and
       ``(II) in the case of any individual applying for financial 
     assistance on or after the date of enactment of the Use of 
     Assisted Housing by Aliens Act of 1996, deny the application 
     for such assistance on the basis of the immigration status of 
     that individual; and'';

       (5) in paragraph (5), by striking ``status--'' and all that 
     follows through the end of the paragraph and inserting the 
     following: ``status, the Secretary shall--
       ``(A) deny the application of that individual for financial 
     assistance or terminate the eligibility of that individual 
     for financial assistance, as applicable; and
       ``(B) provide to the individual written notice of the 
     determination under this paragraph and the right to a fair 
     hearing process.''; and
       (6) by striking paragraph (6) and inserting the following:
       ``(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 reside in the public or assisted housing unit 
     of the individual. This provision shall not apply to a family 
     if the ineligibility of the ineligible individual at issue 
     was considered in calculating any proration of assistance 
     provided for the family.''.

     SEC. 225. 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 adding ``or'' at the end;
       (2) in paragraph (3), by adding at the end the following: 
     ``the response from the Immigration and Naturalization 
     Service to the appeal of that individual.''; and
       (3) by striking paragraph (4).

     SEC. 226. ELIGIBILITY FOR PUBLIC AND ASSISTED HOUSING.

       Section 214 of the Housing and Community Development Act of 
     1980 (42 U.S.C. 1436a) is amended by adding at the end the 
     following new subsection:
       ``(h) Verification of Eligibility.--
       ``(1) In general.--Except in the case of an election under 
     paragraph (2)(A), no individual or family applying for 
     financial assistance may receive such financial assistance 
     prior to the affirmative establishment and verification of 
     eligibility of that individual or family under this section 
     by the Secretary or other appropriate entity.
       ``(2) Rules applicable to public housing agencies.--A 
     public housing agency (as that term is defined in section 3 
     of the United States Housing Act of 1937)--
       ``(A) may elect not to comply with this section; and
       ``(B) in complying with this section--
       ``(i) may initiate procedures to affirmatively establish or 
     verify the eligibility of an individual or family under this 
     section at any time at which the public housing agency 
     determines that such eligibility is in question, regardless 
     of whether or not that individual or family is at or near the 
     top of the waiting list of the public housing agency;
       ``(ii) may 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
       ``(iii) 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.
       ``(3) Eligibility of families.--For purposes of this 
     subsection, with respect to a family, the term `eligibility' 
     means the eligibility of each family member.''.

     SEC. 227. REGULATIONS.

       (a) Issuance.--Not later than the 60 days after the date of 
     enactment of this Act, the Secretary of Housing and Urban 
     Development shall issue any regulations necessary to 
     implement the amendments made by this part. 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 opportunity for comment.
       (b) Failure To Issue.--If the Secretary fails to issue the 
     regulations required under subsection (a) before the date 
     specified in that 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 on March 
     20, 1995 (Vol. 60, No. 53; pp. 14824-14861), shall not 
     apply after that date.
       On page 214, line 22, strike ``Subtitle C'' and insert 
     ``Subtitle D''.
       On page 215, line 3, strike ``section'' and insert 
     ``sections''.
       At the end of the bill, add the following new title:
                  TITLE III--MISCELLANEOUS PROVISIONS

     SEC. 301. CHANGES REGARDING VISA APPLICATION PROCESS.

       (a) Nonimmigrant Applications.--Section 222(c) (8 U.S.C. 
     1202(c)) is amended--
       (1) by striking all that follows after ``United States;'' 
     through ``marital status;''; and
       (2) by adding at the end thereof the following: ``At the 
     discretion of the Secretary of State, application forms for 
     the various classes of nonimmigrant admissions described in 
     section 101(a)(15) may vary according to the class of visa 
     being requested.''.
       (b) Disposition of Applications.--Section 222(e) (8 U.S.C. 
     1202(e)) is amended--
       (1) in the first sentence, by striking ``required by this 
     section'' and inserting ``for an immigrant visa''; and
       (2) in the third sentence--
       (A) by inserting ``or other document'' after ``stamp,''; 
     and
       (B) by striking ``by the consular officer''.

     SEC. 302. VISA WAIVER PROGRAM.

       (a) Extension of Program.--Section 217(f) (8 U.S.C. 
     1187(f)) is amended by striking ``1996'' and inserting 
     ``1998''.
       (b) Repeal of Probationary Program.--(1) Section 217(g) (8 
     U.S.C. 1187(g)) is repealed.
       (2) A country designated as a pilot program country with 
     probationary status under section 217(g) of the Immigration 
     and Nationality Act (as in effect prior to the date of 
     enactment of this Act) shall be subject to paragraphs (3) and 
     (4) of that subsection as if such paragraphs were not 
     repealed.

[[Page S4354]]

       (c) Duration and Termination of Designation of Pilot 
     Program Countries.--Section 217, as amended by this section, 
     is further amended by adding at the end the following:
       ``(g) Duration and Termination of Designation.--
       ``(1) Program countries.--(A) Upon determination by the 
     Attorney General that a visa waiver program country's 
     disqualification rate is 2 percent or more, the Attorney 
     General shall notify the Secretary of State.
       ``(B) If the program country's disqualification rate is 
     greater than 2 percent but less than 3.5 percent, the 
     Attorney General and the Secretary of State shall place the 
     program country in probationary status for a period not to 
     exceed 3 full fiscal years following the year in which the 
     designation of the country as a pilot program country is 
     made.
       ``(C) If the program country's disqualification rate is 3.5 
     percent or more, the Attorney General and the Secretary of 
     State, acting jointly, shall terminate the country's 
     designation effective at the beginning of the second fiscal 
     year following the fiscal year in which the determination is 
     made.
       ``(2) End of probationary status.--(A) If the Attorney 
     General and the Secretary of State, acting jointly, determine 
     at the end of the probationary period described in 
     subparagraph (B) that the program country's disqualification 
     rate is less than 2 percent, they shall redesignate the 
     country as a program country.
       ``(B) If the Attorney General and the Secretary of State, 
     acting jointly, determine at the end of the probationary 
     period described in subparagraph (B) that a visa waiver 
     country has--
       ``(i) failed to develop a machine readable passport program 
     as required by subparagraph (C) of subsection (c)(2), or
       ``(ii) has a disqualification rate of 2 percent or more,
     then the Attorney General and the Secretary of State shall 
     jointly terminate the designation of the country as a visa 
     waiver program country, effective at the beginning of the 
     first fiscal year following the fiscal year in which in the 
     determination is made.
       ``(3) Discretionary termination.--Notwithstanding any other 
     provision of this section, the Attorney General and the 
     Secretary of State, acting jointly, may for any reason 
     (including national security or failure to meet any other 
     requirement of this section), at any time, rescind any waiver 
     under subsection (a) or terminate any designation under 
     subsection (c), effective upon such date as they shall 
     jointly determine.
       ``(4) Effective date of termination.--Nationals of a 
     country whose eligibility for the program is terminated by 
     the Attorney General and the Secretary of State, acting 
     jointly, may continue to have paragraph (7)(B)(i)(II) of 
     section 212(a) waived, as authorized by subsection (a), until 
     the country's termination of designation becomes effective as 
     provided in this subsection.
       ``(5) Nonapplicability of certain provisions.--Paragraphs 
     (1)(C) and (3) shall not apply unless the total number of 
     nationals of a designated country, as described in paragraph 
     (6)(A), is in excess of 100.
       ``(6) Definition.--For purposes of this subsection, the 
     term `disqualification rate' means the ratio of--
       ``(A) the total number of nationals of the visa waiver 
     program country--
       ``(i) who were excluded from admission or withdrew their 
     application for admission during the most recent fiscal year 
     for which data is available, and
       ``(ii) who were admitted as nonimmigrant visitors during 
     such fiscal year and who violated the terms of such 
     admission, to
       ``(B) the total number of nationals of that country who 
     applied for admission as nonimmigrant visitors during such 
     fiscal year.''.

     SEC. 303. TECHNICAL AMENDMENT.

       Section 212(d)(11) of the Immigration and Nationality Act 
     (8 U.S.C. 1182(d)(11)) is amended by inserting a ``comma'' 
     after ``(4) thereof)''.

     SEC. 304. CRIMINAL PENALTIES FOR HIGH SPEED FLIGHTS FROM 
                   IMMIGRATION CHECKPOINTS.

       (a) Findings.--Congress makes the following findings:
       (1) Immigration checkpoints are an important component of 
     the national strategy to prevent illegal immigration.
       (2) Individuals fleeing immigration checkpoints and leading 
     law enforcement officials on high speed vehicle chases 
     endanger law enforcement officers, innocent bystanders, and 
     the fleeing individuals themselves.
       (3) The pursuit of suspects fleeing immigration checkpoints 
     is complicated by overlapping jurisdiction among Federal, 
     State, and local law enforcement officers.
       (b) High Speed Flight from Border Checkpoints.--Chapter 35 
     of title 18, United States Code, is amended by inserting the 
     following new section:

     ``Sec. 758. High speed flight from immigration checkpoint

       ``(a) Whoever flees or evades a checkpoint operated by the 
     Immigration and Naturalization Service or any other Federal 
     law enforcement agency in a motor vehicle after entering the 
     United States and flees Federal, State, or local law 
     enforcement agents in excess of the legal speed limit shall 
     be imprisoned not more than five years.''.
       (c) Grounds for Deportation.--Section 241(a)(2)(A) (8 
     U.S.C. 1251(a)(2)(A)) of title 8, United States Code, is 
     amended by inserting the following new subsection:
       ``(v) High Speed Flight.--Any alien who is convicted of 
     high speed flight from a checkpoint (as defined by section 
     758(a) of chapter 35) is deportable.''

     SEC. 305. CHILDREN BORN ABROAD TO UNITED STATES CITIZEN 
                   MOTHERS; TRANSMISSION REQUIREMENTS.

       (a) Amendments to Immigration and Nationality Act Technical 
     Corrections Act of 1994.--Section 101(d) of the Immigration 
     and Nationality Technical Corrections Act of 1994 (Public Law 
     103-416) is amended to read as follows:
       ``(d) Applicability of transmission requirements.--
     Notwithstanding this section and the amendments made by this 
     section, any provision of law relating to residence or 
     physical presence in the United States for purposes of 
     transmitting United States citizenship shall apply to any 
     person whose claim of citizenship is based on the amendment 
     made by subsection (a), and to any person through whom such a 
     claim of citizenship is derived.''
       (b) Effective Date.--The amendment made by this section 
     shall be deemed to have become effective as of the date of 
     enactment of the Immigration and Nationality Technical 
     Corrections Act of 1994.

     SEC. 306. FEE FOR DIVERSITY IMMIGRANT LOTTERY.

       The Secretary of State may establish a fee to be paid by 
     each immigrant issued a visa under subsection (c) of section 
     203 of the Immigration and Nationality Act (8 U.S.C. 
     1153(c)). Such fee may be set at a level so as to cover the 
     full cost to the Department of State of administering that 
     subsection, including the cost of processing all applications 
     thereunder. All such fees collected shall be deposited as an 
     offsetting collection to any Department of State 
     appropriation and shall remain available for obligation until 
     expended. The provisions of the Act of August 18, 1856 (Rev. 
     Stat. 1726-28; 22 U.S.C. 4212-14), concerning accounting for 
     consular fees, shall not apply to fees collected pursuant to 
     this section.

     SEC. 308. SUPPORT OF DEMONSTRATION PROJECTS FOR 
                   NATURALIZATION CEREMONIES.

       (a) Findings.--The Congress makes the following findings:
       (1) American democracy performs best when the maximum 
     number of people subject to its laws participate in the 
     political process, at all levels of government.
       (2) Citizenship actively exercised will better assure that 
     individuals both assert their rights and fulfill their 
     responsibilities of membership within our political 
     community, thereby benefiting all citizens and residents of 
     the United States.
       (3) A number of private and charitable organizations assist 
     in promoting citizenship, and the Senate urges them to 
     continue to do so.
       (b) Demonstration Projects.--The Attorney General shall 
     make available funds under this section, in each of 5 
     consecutive years (beginning with 1996), to the Immigration 
     and Naturalization Service or to other public or private 
     nonprofit entities to support demonstration projects under 
     this section at 10 sites throughout the United States. Each 
     such project shall be designed to provide for the 
     administration of the oath of allegiance (under section 
     337(a) of the Immigration and Nationality Act) on a business 
     day around the 4th of July for approximately 500 people whose 
     application for naturalization has been approved. Each 
     project shall provide for appropriate outreach and ceremonial 
     and celebratory activities.
       (c) Selection of Sites.--The Attorney General shall, in the 
     Attorney General's discretion, select diverse locations for 
     sites on the basis of the number of naturalization applicants 
     living in proximity to each site and on the degree of local 
     community participation and support in the project to be held 
     at the site. Not more than 2 sites may be located in the same 
     State. The Attorney General should consider changing the 
     sites selected from year to year.
       (d) Amounts Available; Use of Funds.--
       (1) Amount.--The amount that may be made available under 
     this section with respect to any single site for a year shall 
     not exceed $5,000.
       (2) Use.--Funds provided under this section may only be 
     used to cover expenses incurred carrying out symbolic 
     swearing-in ceremonies at the demonstration sites, including 
     expenses for--
       (A) cost of personnel of the Immigration and Naturalization 
     Service (including travel and overtime expenses),
       (B) local outreach,
       (C) rental of space, and
       (D) costs of printing appropriate brochures and other 
     information about the ceremonies.
       (3) Availability of funds.--Funds that are otherwise 
     available to the Immigration and Naturalization Service to 
     carry out naturalization activities (including funds in the 
     Immigration Examinations Fee Account, under section 286(n) of 
     the Immigration and Nationality Act) shall be available under 
     this section.
       (e) Application.--In the case of an entity other than the 
     Immigration and Naturalization Service seeking to conduct a 
     demonstration project under this section, no amounts may be 
     made available to the entity under this section unless an 
     appropriate application has been made to, and approved by, 
     the Attorney General, in a form and manner specified by the 
     Attorney General.
       (f) State Defined.--For purposes of this section, the term 
     ``State'' has the meaning given such term in section 
     101(a)(36) of the

[[Page S4355]]

     Immigration and Nationality Act (8 U.S.C. 1101(a)(36)).

     SEC. 309. REVIEW OF CONTRACTS WITH ENGLISH AND CIVICS TEST 
                   ENTITIES.

       (a) In General.--The Attorney General of the United States 
     shall investigate and submit a report to the Congress 
     regarding the practices of test entities authorized to 
     administer the English and civics tests pursuant to section 
     312.3(a) of title 8, Code of Federal Regulations. The report 
     shall include any findings of fraudulent practices by the 
     testing entities.
       (b) Preliminary and Final Reports.--Not later than 90 days 
     after the date of the enactment of this Act, the Attorney 
     General shall submit to the Congress a preliminary report of 
     the findings of the investigation conducted pursuant to 
     subsection (a) and shall submit to the Congress a final 
     report within 275 days after the submission of the 
     preliminary report.

     SEC. 310. DESIGNATION OF A UNITED STATES CUSTOMS 
                   ADMINISTRATIVE BUILDING.

       (a) Designation.--The United States Customs Administrative 
     Building at the Ysleta/Zaragosa Port of Entry located at 797 
     South Zaragosa Road in El Paso, Texas, shall be known and 
     designated as the ``Timothy C. McCaghren Customs 
     Administrative Building''.
       (b) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     building referred to in section 1 shall be deemed to be a 
     reference to the ``Timothy C. McCaghren Customs 
     Administrative Building''.

     SEC. 311. WAIVER OF FOREIGN COUNTRY RESIDENCE REQUIREMENT 
                   WITH RESPECT TO INTERNATIONAL MEDICAL 
                   GRADUATES.

       (a) Extension of Waiver Program.--Section 220(c) of the 
     Immigration and Nationality Technical Corrections Act of 1994 
     (8 U.S.C. 1182 note) is amended by striking ``June 1, 1996'' 
     and inserting ``June 1, 2002''.
       (b) Conditions on Federally Requested Waivers.--Section 
     212(e) of the Immigration and Nationality Act (8 U.S.C. 
     1184(e)) is amended by inserting after ``except that in the 
     case of a waiver requested by a State Department of Public 
     Health or its equivalent'' the following: ``or in the case of 
     a waiver requested by an interested United States Government 
     agency on behalf of an alien described in clause (iii)''.
       (c) Restrictions on Federally Requested Waivers.--Section 
     214(k) (8 U.S.C. 1184(k)) is amended to read as follows:
       ``(k)(1) In the case of a request by an interested State 
     agency or by an interested United States Government agency 
     for a waiver of the two-year foreign residence requirement 
     under section 212(e) with respect to an alien described in 
     clause (iii) of that section, the Attorney General shall not 
     grant such waiver unless--
       ``(A) in the case of an alien who is otherwise 
     contractually obligated to return to a foreign country, the 
     government of such country furnishes the Director of the 
     United States Information Agency with a statement in writing 
     that it has no objection to such waiver; and
       ``(B)(i) in the case of a request by an interested State 
     agency--
       ``(I) the alien demonstrates a bona fide offer of full-time 
     employment, agrees to begin employment with the health 
     facility or organization named in the waiver application 
     within 90 days of receiving such waiver, and agrees to work 
     for a total of not less than three years (unless the Attorney 
     General determines that extenuating circumstances exist, such 
     as closure of the facility or hardship to the alien would 
     justify a lesser period of time); and
       ``(II) the alien's employment continues to benefit the 
     public interest; or
       ``(ii) in the case of a request by an interested United 
     States Government agency--
       ``(I) the alien demonstrates a bona fide offer of full-time 
     employment that has been found to be in the public interest, 
     agrees to begin employment with the health facility or 
     organization named in the waiver application within 90 days 
     of receiving such waiver, and agrees to work for a total of 
     not less than three years (unless the Attorney General 
     determines that extenuating circumstances exist, such as 
     closure of the facility or hardship to the alien would 
     justify a lesser period of time); and
       ``(II) the alien's employment continues to benefit the 
     public interest;
       ``(C) in the case of a request by an interested State 
     agency, the alien agrees to practice medicine in accordance 
     with paragraph (2) for a total of not less than three years 
     only in the geographic area or areas which are designated by 
     the Secretary of Health and Human Services as having a 
     shortage of health care professionals; and
       ``(D) in the case of a request by an interested State 
     agency, the grant of such a waiver would not cause the number 
     of waivers allotted for that State for that fiscal year to 
     exceed 20.
       ``(2)(A) Notwithstanding section 248(2) the Attorney 
     General may change the status of an alien that qualifies 
     under this subsection and section 212(e) to that of an alien 
     described in section 101(a)(15)(H)(i)(b).
       ``(B) No person who has obtained a change of status under 
     subparagraph (A) and who has failed to fulfill the terms of 
     the contract with the health facility or organization named 
     in the waiver application shall be eligible to apply for an 
     immigrant visa, for permanent residence, or for any other 
     change of nonimmigrant status until it is established that 
     such person has resided and been physically present in the 
     country of his nationality or his last residence for an 
     aggregate of at least two years following departure from the 
     United States.
       ``(3) Notwithstanding any other provisions of this 
     subsection, the two-year foreign residence requirement under 
     section 212(e) shall apply with respect to an alien in clause 
     (iii) of that section who has not otherwise been accorded 
     status under section 101(a)(27)(H)--
       ``(A) in the case of a request by an interested State 
     agency, if at any time the alien practices medicine in an 
     area other than an area described in paragraph (1)(C); and
       ``(B) in the case of a request by an interested United 
     States Government agency, if at any time the alien engages in 
     employment for a health facility or organization not named in 
     the waiver application.''.

     SEC. 312. CONTINUED VALIDITY OF LABOR CERTIFICATIONS AND 
                   PETITIONS FOR PROFESSIONAL ATHLETES.

       (a) Labor Certification.--Section 212(a)(5) is amended by 
     adding at the end the following:
       ``(D) Professional athletes.--The labor certification 
     received for a professional athlete shall remain valid for 
     that athlete after the athlete changes employer if the new 
     employer is a team in the same sport as the team which 
     employed the athlete when he first applied for labor 
     certification hereunder. For purposes of this subparagraph, 
     the term `professional athlete' means an individual who is 
     employed as an athlete by a team that belongs to the National 
     Hockey League, the National Football League, the National 
     Basketball Association, Major League Baseball, or any minor 
     league which is affiliated with one of the forgoing 
     leagues.''.
       (b) Petitions.--Section 204(a)(1)(D) is amended by adding 
     at the end the following new sentences: ``A petition for a 
     professional athlete will remain valid for that athlete after 
     the athlete changes employers provided that the new employer 
     is a team in the same sport as the team which employed the 
     athlete when he first applied for labor certification 
     hereunder. For purposes of the preceding sentence, the term 
     `professional athlete' means an individual who is employed as 
     an athlete by a team that belongs to the National Hockey 
     League, the National Football League, the National Basketball 
     Association, Major League Baseball, or any minor league which 
     is affiliated with one of the foregoing leagues.''.

     SEC. 313. MAIL-ORDER BRIDE BUSINESS.

       (a) Congressional Findings.--The Congress makes the 
     following findings:
       (1) There is a substantial ``mail-order bride'' business in 
     the United States. With approximately 200 companies in the 
     United States, an estimated 2,000 to 3,500 American men find 
     wives through mail-order bride catalogs each year. However, 
     there are no official statistics available on the number of 
     mail-order brides entering the United States each year.
       (2) The companies engaged in the mail-order bride business 
     earn substantial profits from their businesses.
       (3) Although many of these mail-order marriages work out, 
     in many other cases, anecdotal evidence suggests that mail-
     order brides often find themselves in abusive relationships. 
     There is also evidence to suggest that a substantial number 
     of mail-order marriages constitute marriage fraud under 
     United States law.
       (4) Many mail-order brides come to the United States 
     unaware or ignorant of United States immigration law. Mail-
     order brides who are battered spouses often think that if 
     they flee an abusive marriage, they will be deported. Often 
     the citizen spouse threatens to have them deported if they 
     report the abuse.
       (5) The Immigration and Naturalization Service estimates 
     the rate of marriage fraud between foreign nationals and 
     United States citizens or legal permanent residents as eight 
     percent. It is unclear what percent of those marriage fraud 
     cases originated as mail-order marriages.
       (b) Information Dissemination.--Each international 
     matchmaking organization doing business in the United States 
     shall disseminate to recruits, upon recruitment, such 
     immigration and naturalization information as the Immigration 
     and Naturalization Service deems appropriate, in the 
     recruit's native language, including information regarding 
     conditional permanent residence status, permanent resident 
     status, the battered spouse waiver of conditional permanent 
     resident status requirement, marriage fraud penalties, 
     immigrants' rights, the unregulated nature of the business, 
     and the study mandated in subsection (c).
       (c) Study.--The Attorney General, in consultation with the 
     Commissioner of Immigration and Naturalization and the 
     Violence Against Women Office of the Department of Justice, 
     shall conduct a study to determine, among other things--
       (1) the number of mail-order marriages;
       (2) the extent of marriage fraud arising as a result of the 
     services provided by international matchmaking organizations;
       (3) the extent to which mail-order spouses utilize section 
     244(a)(3) of the Immigration and Nationality Act providing 
     for waiver of deportation in the event of abuse, or section 
     204(a)(1)(A)(iii) of such Act providing for self-petitioning 
     for permanent resident status;
       (4) the extent of domestic abuse in mail-order marriages; 
     and

[[Page S4356]]

       (5) the need for continued or expanded regulation and 
     education to implement the objectives of the Violence Against 
     Women Act of 1994 in this area.
       (d) Report.--Not later than one year after the date of 
     enactment of this Act, the Attorney General shall submit a 
     report to the Congress setting forth the results of the study 
     conducted under subsection (c).
       (e) Civil Penalty.--(1) The Attorney General shall impose a 
     civil penalty of not to exceed $20,000 for each violation of 
     subsection (b).
       (2) Any penalty under paragraph (1) may be imposed only 
     after notice and opportunity for an agency hearing on the 
     record in accordance with sections 554 through 557 of title 
     5, United States Code.
       (f) Definitions.--As used in this section:
       (1) International matchmaking organization.--The term 
     ``international matchmaking organization'' means a 
     corporation, partnership, business, or other legal entity, 
     whether or not organized under the laws of the United States 
     or any State, that does business in the United States and for 
     profit offers to United States citizens or permanent resident 
     aliens, dating, matrimonial, or social referral services to 
     nonresident, noncitizens, by--
       (A) an exchange of names, telephone numbers, addresses, or 
     statistics;
       (B) selection of photographs; or
       (C) a social environment provided by the organization in a 
     country other than the United States.
       (2) Recruit.--The term ``recruit'' means a noncitizen, 
     nonresident person, recruited by the international 
     matchmaking organization for the purpose of providing dating, 
     matrimonial, or social referral services to United States 
     citizens or permanent resident aliens.

     SEC. ____. APPROPRIATIONS FOR CRIMINAL ALIEN TRACKING CENTER.

       Section 130002(b) of the Violent Crime Control and Law 
     Enforcement Act of 1994 (8 U.S.C. 1252 note) is amended--
       (1) by inserting ``and'' after ``1996;'', and
       (2) by striking paragraph (2) and all that follows through 
     the end period and inserting the following:
       ``(2) $5,000,000 for each of fiscal years 1997 through 
     2001.''.

     SEC.   . BORDER PATROL MUSEUM.

       (a) Authority.--
       Notwithstanding section 203 of the Federal Property and 
     Administrative Services Act of 1949 (40 U.S.C. 484) or any 
     other provision of law, the Attorney General is authorized to 
     transfer and convey to the Border Patrol Museum and Memorial 
     Library Foundation, incorporated in the State of Texas such 
     equipment, artifacts, and memorabilia held by the Immigration 
     and Naturalization Service as the Attorney General may 
     determine is necessary to further the purposes of the Museum 
     and Foundation.
       (b) Technical Assistance.--
       The Attorney General is authorized to provide technical 
     assistance, through the detail of personnel of the 
     Immigration and Naturalization Service, to the Border Patrol 
     Museum and Memorial Library Foundation for the purpose of 
     demonstrating the use of the items transferred under section 
     1.

     SEC.   . PILOT PROGRAMS TO PERMIT BONDING.

       (a) In General.--The Attorney General of the United States 
     shall establish a pilot program in 5 INS District Offices (at 
     least 2 of which are in States selected for a demonstration 
     project under section 112 of this Act) to require aliens to 
     post a bond in lieu of the affidavit requirements in section 
     203 of the Immigration Control and Financial Responsibility 
     Act of 1996 and the deeming requirements in section 204 of 
     such Act. Any pilot program established pursuant to this 
     subsection shall require an alien to post a bond in an amount 
     sufficient to cover the cost of benefits for the alien and 
     the alien's dependents under the programs described in 
     section 241(a)(5)(D) of the Immigration and Nationality Act 
     (8 U.S.C. 1251(a)(5)(D)) and shall remain in effect until the 
     alien and all members of the alien's family permanently 
     depart from the United States, are naturalized, or die. Suit 
     on any such bonds may be brought under the terms and 
     conditions set forth in section 213 of the Immigration and 
     Nationality Act.
       (b) Regulations.--Not later than 180 days after the date of 
     the enactment of this Act, the Attorney General shall issue 
     regulations for establishing the pilot programs, including--
       (1) criteria and procedures for--
       (A) certifying bonding companies for participation in the 
     program, and
       (B) debarment of any such company that fails to pay a bond, 
     and
       (2) criteria for setting the amount of the bond to assure 
     that the bond is in an amount that is not less than the cost 
     of providing benefits under the programs described in section 
     241(a)(5)(D) for the alien and the alien's dependents for 6 
     months.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.
       (d) Annual Reporting Requirement.--The Attorney General 
     shall report annually to Congress on the effectiveness of the 
     pilot program, once within 9 months and again within 1 year 
     and 9 months after the pilot program begins operating.
       (e) Sunset.--The pilot program shall sunset after 2 years 
     of operation.

     SEC.   . TO CLARIFY THE JURISDICTION TO HEAR DISPUTES 
                   RELATING TO AFFIDAVITS OF SUPPORT.

       (a) In General. Beginning on page 193, strike line 1 and 
     all that follows through line 4 on page 198 and insert the 
     following:
       (3) in which the sponsor agrees to submit to the 
     jurisdiction of any appropriate court for the purpose of 
     actions brought under subsection (d) or (e).
       (b) Forms.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary of State, the Attorney 
     General, and the Secretary of Health and Human Services 
     shall jointly formulate the affidavit of support described 
     in this section.
       (c) Notification of Change of Address.--
       (1) General requirement.--The sponsor shall notify the 
     Attorney General and the State, district, territory, or 
     possession in which the sponsored individual is currently a 
     resident within 30 days of any change of address of the 
     sponsor during the period specified in subsection (a)(1).
       (2) Penalty.--Any person subject to the requirement of 
     paragraph (1) who fails to satisfy such requirement shall, 
     after notice and opportunity to be heard, 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 individual has received any benefit described in 
     section 241(a)(5)(D) of the Immigration and Nationality Act, 
     as amended by section 202(a) of this Act, not less than 
     $2,000 or more than $5,000.
       (d) Reimbursement of Government Expenses.--
       (1) In general.--
       (A) Request for reimbursement.--Upon notification that a 
     sponsored individual has received any benefit described in 
     section 241(a)(5)(D) of the Immigration and Nationality Act, 
     as amended by section 202(a) of this Act, the appropriate 
     Federal, State, or local official shall request reimbursement 
     from the sponsor for the amount of such assistance.
       (B) Regulations.--The Commissioner of Social Security shall 
     prescribe such regulations as may be necessary to carry out 
     subparagraph (A). Such regulations shall provide that 
     notification be sent to the sponsor's last known address by 
     certified mail.
       (2) Action against sponsor.--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 make payments, an action may be 
     brought against the sponsor pursuant to the affidavit of 
     support.
       (3) Failure to meet repayment terms.--If the sponsor agrees 
     to make payments, but fails to abide by the repayment terms 
     established by the agency, the agency may, within 60 days of 
     such failure, bring an action against the sponsor pursuant to 
     the affidavit of support.
       (e) Jurisdiction.--
       (1) In general.--An action to enforce an affidavit of 
     support executed under subsection (a) may be brought against 
     the sponsor in any appropriate court--
       (A) by a sponsored individual, with respect to financial 
     support; or
       (B) by a Federal, State, or local agency, with respect to 
     reimbursement.
       (2) Court may not decline to hear case.--For purposes of 
     this section, no appropriate court shall decline for lack of 
     subject matter or personal jurisdiction to hear any action 
     brought against a sponsor under paragraph (1) if--
       (A) the sponsored individual is a resident of the State in 
     which the court is located, or received public assistance 
     while residing in the State; and
       (B) such sponsor has received service of process in 
     accordance with applicable law.
       (f) Definitions.--For purposes of this section--
       (1) Sponsor.--The term ``sponsor'' means an individual 
     who--
       (A) is a United States citizen or national or an alien who 
     is lawfully admitted to the United States for permanent 
     residence;
       (B) is at least 18 years of age;
       (C) is domiciled in any of the several States of the United 
     States, the District of Columbia, or any territory or 
     possession of the United States; and
       (D) demonstrates the means to maintain an annual income 
     equal to at least 125 percent of the Federal poverty line for 
     the individual and the individual's family (including the 
     sponsored alien and any other alien sponsored by the 
     individual), through evidence that includes a copy of the 
     individual's Federal income tax return for the 3 most recent 
     taxable years (which returns need show such level of annual 
     income only in the most recent taxable year) and a written 
     statement, executed under oath or as permitted under penalty 
     of perjury under section 1746 of title 28, United States 
     Code, that the copies are true copies of such returns.

     In the case of an individual who is on active duty (other 
     than active duty for training) in the Armed Forces of the 
     United States, subparagraph (D) shall be applied by 
     substituting ``100 percent'' for ``125 percent''.
       (2) Federal poverty line.--The term ``Federal poverty 
     line'' means the level of income equal to the official 
     poverty line (as defined by the Director of the Office of 
     Management and Budget, as revised annually by the Secretary 
     of Health and Human Services, in accordance with section 
     673(2) of the Omnibus Budget Reconciliation Act of 1981 (42 
     U.S.C. 9902)) that is applicable to a family of the size 
     involved.
       (3) Qualifying quarter.--The term ``qualifying quarter'' 
     means a three-month period in which the sponsored individual 
     has--

[[Page S4357]]

       (A) earned at least the minimum necessary for the period to 
     count as one of the 40 quarters required to qualify for 
     social security retirement benefits;
       (B) not received need-based public assistance; and
       (C) had income tax liability for the tax year of which the 
     period was part.
       (4) Appropriate court.--The term ``appropriate court'' 
     means--
       (A) a Federal court, in the case of an action for 
     reimbursement of benefits provided or funded, in whole or in 
     part, by the Federal Government; and
       (B) a State court, in the case of an action for 
     reimbursement of benefits provided under a State or local 
     program of assistance.

     SEC.   . SPONSOR'S SOCIAL SECURITY ACCOUNT NUMBER.

       On page 193, between lines 4 and 5, insert the following:
       (g) Sponsor's Social Security Account Number Required To Be 
     Provided.--(1) Each affidavit of support shall include the 
     social security account number of the sponsor.
       (2) The Attorney General shall develop an automated system 
     to maintain the data of social security account numbers 
     provided under paragraph (1).
       (3) The Attorney General shall submit an annual report to 
     the Congress setting forth for the most recent fiscal year 
     for which data are available--
       (A) the number of sponsors under this section and the 
     number of sponsors in compliance with the financial 
     obligations of this section; and
       (B) a comparison of the data set forth under subparagraph 
     (A) with similar data for the preceding fiscal year.

     SEC.   . MINIMUM STATE INS PRESENCE.

       (a) In General.--Section 103 (8 U.S.C. 1103) is amended by 
     adding at the end the following new subsection.
       ``(e) The Attorney General shall ensure that no State is 
     allocated fewer than 10 full-time active duty agents of the 
     Immigration and Naturalization Service to carry out the 
     enforcement, examinations, and inspections functions of the 
     Service for the purposes of effective enforcement of the 
     Immigration and Nationality Act.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect 90 days after the date of enactment of this 
     Act.
       At the appropriate place in the bill, insert the following:

     SEC.   . DISQUALIFICATION FROM ATTAINING NONIMMIGRANT OR 
                   PERMANENT RESIDENCE STATUS.

       (a) Disapproval of Petitions.--Section 204 of the 
     Immigration and Nationality Act (8 U.S.C. 1154) is amended by 
     adding at the end the following new subsection:
       ``(i) Restrictions on future entry of aliens apprehended 
     for violating immigration laws.
       ``(1) The Attorney General may not approve any petition for 
     lawful permanent residence status filed by an alien or any 
     person on behalf of an alien (other than petitions filed by 
     or on behalf of spouses of U.S. citizens or of aliens 
     lawfully admitted for permanent residence) who has at any 
     time been apprehended in the United States for (A) entry 
     without inspection, or (B) failing to depart from the United 
     States within one year of the expiration of any nonimmigrant 
     visa, until the date that is ten years after the alien's 
     departure or removal from the United States.''.
       (b) Violation of Immigration Law as Grounds for 
     Exclusion.--Section 212(a)(6) of the Immigration and 
     Nationality Act (8 U.S.C. 1182(a)(6)) is amended by adding at 
     the end the following new subsection:
       ``(G) Aliens previously apprehended:
       ``Any alien who (i) has at any time been apprehended in the 
     United States for entry without inspection, or (ii) has 
     failed to depart from the United States within one year of 
     the expiration date of any nonimmigrant visa, unless such 
     alien has applied for and been granted asylum or refugee 
     status in the United States or has a bona fide application 
     for asylum pending, is excludable until the date that is ten 
     years after the alien's departure or removal from the United 
     States.''.
       (c) Denial of Adjustment of Status.--Section 245(c) of the 
     Immigration and Nationality Act (8 U.S.C. 1255(c)) is 
     amended--
       (1) by striking ``or (5)'' and inserting ``(5)''; and
       (2) by inserting before the period the following: ``or (6) 
     any alien who (A) has at any time been apprehended in the 
     United States for entry without inspection, or (B) has failed 
     to depart from the United States within one year of the 
     expiration under section 208 date of any nonimmigrant visa, 
     unless such alien has applied for and been granted asylum or 
     refugee status in the United States or has a bona fide 
     application for asylum pending.''.
       (d) Exceptions.--Section 245 (8 U.S.C. 1254) is amended by 
     adding at the end the following new subsection:
       ``(k) The following periods of time shall be excluded from 
     the determination of periods of unauthorized stay under 
     subsection (c)(6)(B) and section 204(i):
       (1) Any period of time in which an alien is under 18 years 
     of age.
       (2) Any period of time in which an alien has a bona fide 
     application for asylum pending under section 208.
       (3) Any period of time during which an alien is provided 
     authorization to engage in employment in the United States 
     (including such an authorization under section 
     244A(a)(1)(B)), or in which the alien is the spouse of such 
     an alien.
       (4) Any period of time during which the alien is a 
     beneficiary of family unity protection pursuant to section 
     301 on the Immigration Act of 1990.
       (5) Any period of time for which the alien demonstrates 
     good cause for remaining in the United States without the 
     authorization of the Attorney General.
       At the appropriate place insert the following new section:

     SEC.   . PASSPORTS ISSUED FOR CHILDREN UNDER 16.

       (a) In General.--Section 1 of title IX of the Act of June 
     15, 1917 (22 U.S.C. 213) is amended--
       (1) by striking ``Before'' and inserting ``(a) In 
     General.--Before'', and
       (2) by adding at the end the following new subsection.
       ``(b) Passports Issued for Children Under 16.--
       ``(1) Signatures required.--In the case of a child under 
     the age of 16, the written application required as a 
     prerequisite to the issuance of a passport for such child 
     shall be signed by--
       ``(A) both parents of the child if the child lives with 
     both parents;
       ``(B) the parent of the child having primary custody of the 
     child if the child does not live with both parents; or
       ``(C) the surviving parent (or legal guardian) of the 
     child, if 1 or both parents are deceased.
       ``(2) Waiver.--The Secretary of State may waive the 
     requirements of paragraph (1)(A) if the Secretary determines 
     that circumstances do not permit obtaining the signatures of 
     both parents.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to applications for passports filed * * *.

     SEC.   . EXCLUSION OF CERTAIN ALIENS FROM FAMILY UNITY 
                   PROGRAM.

       Section 301(e) of the Immigration Act of 1990 (8 U.S.C. 
     1255a note) is amended to read as follows:
       ``(e) Exception for Certain Aliens.--An alien is not 
     eligible for a new grant or extension of benefits of this 
     section if the Attorney General finds that the alien--
       ``(1) has been convicted of a felony or 3 or more 
     misdemeanors in the United States,
       ``(2) is described in section 243(h)(2) of the Immigration 
     and Nationality Act, or
       ``(3) has committed an act of juvenile delinquency which if 
     committed by an adult would be classified as--
       ``(A) a felony crime of violence that has an element the 
     use or attempted use of physical force against the person of 
     another; or
       ``(B) a felony offense that by its nature involves a 
     substantial risk that physical force against the person of 
     another may be used in the course of committing the 
     offense.''.

     SEC.   . TO ENSURE APPROPRIATELY STRINGENT PENALTIES FOR 
                   CONSPIRING WITH OR ASSISTING AN ALIEN TO COMMIT 
                   AN OFFENSE UNDER THE CONTROLLED SUBSTANCES 
                   IMPORT AND EXPORT ACT.

       (a) not later than 6 months following enactment of this 
     Act, the United States sentencing Commission shall conduct a 
     review of the guidelines applicable to an offender who 
     conspires with or aids or abets, a person who is not a 
     citizen or national of the United States in committing any 
     offense under section 1010 of the Controlled Substance Import 
     and Export Act (21 U.S.C. 960).
       (b) following such review, pursuant 40 section 994 (p) of 
     Title 28, United States Code, the Commission shall promulgate 
     sentencing guidelines or amend existing sentencing guidelines 
     to ensure an appropriately stringent sentence for such 
     offenders.

     SEC.   . TO MODIFY ``40 QUARTERS'' FOR STAY-AT-HOME SPOUSES 
                   AND DEPENDENT CHILDREN.

       Strike section 203(a) and insert the following:
       (a) Enforceability.--(1) No affidavit of support may be 
     relied upon 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) of the Immigration and 
     Nationality Act unless such affidavit is executed as a 
     contract--
       (A) which is legally enforceable against the sponsor by the 
     sponsored individual, by the Federal Government, and by any 
     State, district, territory, or possession of the United 
     States (or any subdivision of such State, district, 
     territory, or possession of the United States) which provides 
     any benefit described in section 241(a)(5)(D), but not later 
     than 10 years after the sponsored individual last receives 
     any such benefit;
       (B) in which the sponsor agrees to financially support the 
     sponsored individual, so that he or she will not become a 
     public charge, until the sponsored individual has worked in 
     the United States for 40 qualifying quarters; and
       (C) in which the sponsor agrees to submit to the 
     jurisdiction of any Federal or State court for the purpose of 
     actions brought under subsection (d) or (e).
       (2) In determining the number of qualifying quarters for 
     which a sponsored individual has worked for purposes of 
     paragraph (1)(B), an individual not meeting the requirements 
     of subparagraphs (A) and/or (C) of subsection (f)(3) for any 
     quarter shall be treated as meeting such requirements if--
       (A) their spouse met such requirements for such quarter and 
     they filed a joint income tax return covering such quarter; 
     or
       (B) the individual who claimed such individual as a 
     dependent on an income tax return covering such quarter met 
     such requirements for such quarter.

[[Page S4358]]

                  TITLE III--MISCELLANEOUS PROVISIONS

     SEC. 301. REVIEW AND REPORT ON H-2A NONIMMIGRANT WORKERS 
                   PROGRAM.

       (a) Sense of the Congress.--It is the sense of the Congress 
     that the enactment of this Act may impact the future 
     availability of an adequate work force for the producers of 
     our Nation's labor intensive agricultural commodities and 
     livestock.
       (b) Review.--The Comptroller General shall review the 
     effectiveness of the H-2A nonimmigrant worker program to 
     ensure that the program provides a workable safety value in 
     the event of future shortages of domestic workers after the 
     enactment of this Act. Among other things, the Comptroller 
     General shall review the program to determine--
       (1) that the program ensures that an adequate supply of 
     qualified United States workers is available at the time and 
     place needed for employers seeking such workers after the 
     date of enactment of this Act;
       (2) that the program ensures that there is timely approval 
     of applications for temporary foreign workers under the H-2A 
     nonimmigrant worker program in the event of shortages of 
     United States workers after the date of enactment of this 
     Act;
       (3) that the program ensures that implementation of the H-
     2A nonimmigrant worker program is not displacing United 
     States agricultural workers or diminishing the terms and 
     conditions of employment of United States agricultural 
     workers; and
       (4) if and to what extent the H-2A nonimmigrant worker 
     program is contributing to the problem of illegal 
     immigration.
       (c) Report.--Not later than December 31, 1996, or three 
     months after the date of enactment of this Act, whichever is 
     sooner, the Comptroller General shall submit a report to 
     Congress setting forth the findings of the review conducted 
     under subsection (b).
       (d) Definitions.--As used in this section--
       (1) the term ``Comptroller General'' means the Comptroller 
     General of the United States; and
       (2) the term ``H-2A nonimmigrant worker program'' means the 
     program for the admission of nonimmigrant aliens described in 
     section 101(a)(15)(H)(ii)(a) of the Immigration and 
     Nationality Act.

                          ____________________