[Congressional Record Volume 142, Number 57 (Tuesday, April 30, 1996)]
[Senate]
[Pages S4426-S4443]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

                                 ______


    THE IMMIGRATION CONTROL AND FINANCIAL RESPONSIBILITY ACT OF 1996

                                 ______


                      FEINSTEIN AMENDMENT NO. 3867

  (Ordered to lie on the table.)
  Mrs. FEINSTEIN submitted an amendment intended to be proposed by her 
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. 3867

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


                FEINSTEIN (AND BOXER) AMENDMENT NO. 3868

  (Ordered to lie on the table.)
  Mrs. FEINSTEIN (for herself and Mrs. Boxer) submitted an amendment 
intended to be proposed by them to the bill S. 1664, supra; as follows:

                           Amendment No. 3868

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

[[Page S4427]]

     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. 3869-3870

  (Ordered to lie on the table.)
  Mrs. FEINSTEIN submitted two amendments intended to be proposed by 
her to the bill S. 1664, supra; as follows:

                           Amendment No. 3869

       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. 3870

       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 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 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 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.
                                 ______


                       SIMPSON AMENDMENT NO. 3871

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

       Section 204(a) is amended to read as follows:
       (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 Federal program of assistance, 
     or any program of assistance funded in whole or in part by 
     the Federal Government, for which eligibility for benefits is 
     based on need, 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.
                                 ______


                      WELLSTONE AMENDMENT NO. 3872

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

       At the appropriate place, 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

[[Page S4428]]

     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.
                                 ______


                    SNOWE AMENDMENTS NOS. 3873-3874

  (Ordered to lie on the table.)
  Ms. SNOWE submitted two amendments intended to be proposed by her to 
the bill S. 1664, supra; as follows:

                           Amendment No. 3873

       At the appropriate place, insert the following:

     SEC.  . 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. 3874

       At the appropriate place, insert the following:

     SEC.  . 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 attention 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.
                                 ______


                    GRAHAM AMENDMENTS NOS. 3875-3880

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

                           Amendment No. 3875

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


                           Amendment No. 3876

       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. 3877

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


                           Amendment No. 3878

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


                           Amendment No. 3879

       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.--
       (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

[[Page S4429]]

     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 
     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.
       (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 change 201(f)(3) 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 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.--

[[Page S4430]]

       (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 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 terms.

     In the case of an individual who is an 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) Identification number required.--Section 32(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) in 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.
       ``(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 intent, 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

[[Page S4431]]

       ``(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 alteration 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. 3880

       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. 3881

  (Ordered to lie on the table.)
  Mr. GRAHAM (for himself, Mr. Dole, Mr. Mack, Mr. Bradley, Mr. Helms, 
and Mr. Abraham) submitted an amendment intended to be proposed by them 
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) Northwithstanding 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 AMENDMENT NO. 3882

  (Ordered to lie on the table.)
  Mr. GRAHAM submitted an amendment intended to be proposed by him 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 (AND SPECTER) AMENDMENT NO. 3883

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

       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; and
       (16) Site loans under the Housing Act of 1949;
       (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.
                                 ______


                    GRAHAM AMENDMENTS NOS. 3884-3893

  (Ordered to lie on the table.)
  Mr. GRAHAM submitted 10 amendments intended to be proposed by him to 
the bill S. 1664, supra; as follows:

                           Amendment No. 3884

       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.

[[Page S4432]]

       (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 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 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

[[Page S4433]]

     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 received 
     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. 3885

       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 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. 3886

       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 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.
                                                                    ____


                           Amendment No. 3887

       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 Refugees 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. 124(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. 3888

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


                           Amendment No. 3889

       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. 3890

       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. 3891

       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
       (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 diseases.
                                                                    ____


                           Amendment No. 3892

       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 
     disproportionate share hospital for which an adjustment in 
     payment to a State under the medicaid program is made in 
     accordance with section 1923 of the Social Security Act.
                                                                    ____


                           Amendment No. 3893

       On page 301, 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) material and child health services block grants under 
     the 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.
                                 ______


                     REID AMENDMENTS NOS. 3894-3895

  (Ordered to lie on the table.)

[[Page S4434]]

  Mr. REID submitted two amendments intended to be proposed by him to 
the bill S. 1664, supra; as follows:

                           Amendment No. 3894

       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 on or after 
     the date of the enactment of this Act.
                                                                    ____


                           Amendment No. 3895

       At the appropriate place in the bill, 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 of 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)(42)) 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 mutilation

       ``(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.
                                 ______


                   BRADLEY AMENDMENTS NOS. 3896-3898

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

                           Amendment No. 3896

       At the end of the bill, add the following new title:

                  TITLE III--MISCELLANEOUS PROVISIONS

     SEC. 301. 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. 3897

       At the end of the bill, add the following new title:

                  TITLE III--MISCELLANEOUS PROVISIONS

     SEC. 301. INVESTIGATORS OF UNLAWFUL EMPLOYMENT ACTIVITIES.

       Of the number of investigators authorized by section 102(a) 
     of this Act, 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. 3898

       At the end of the bill, add the following new title:

                  TITLE III--MISCELLANEOUS PROVISIONS

     SEC. 301. 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.
                                 ______


                    GRAHAM AMENDMENTS NOS. 3899-3902

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

                           Amendment No. 3899

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


                           Amendment No. 3900

       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. 3901

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


                           Amendment No. 3902

       Strike page 180, line 15, through 181 line 9, and insert:


[[Page S4435]]


     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
                                 ______


                    GRAMM AMENDMENTS NOS. 3903-3904

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

                           Amendment No. 3903

       At the end, insert the following:

     SEC.   . DEVELOPMENT OF COUNTERFEIT-RESISTANT SOCIAL SECURITY 
                   CARD.

       (a) Development.--Not later than 1 year after the date of 
     enactment of this Act, the Commissioner of Social Security 
     (hereafter in this section referred to as the 
     ``Commissioner'') shall, in accordance with this section, 
     develop a counterfeit-resistant social security card. Such 
     card shall--
       (1) be made of a durable, tamper-resistant material such as 
     plastic or polyester,
       (2) employ technologies that provide security features, 
     such as magnetic stripes, holograms, and integrated circuits, 
     and
       (3) be developed so as to provide individuals with reliable 
     proof of citizenship or legal resident alien status.
       (b) Procedures for Issuance.--The Commissioner shall make a 
     social security card of the type described in subsection (a) 
     available, at cost, to any individual requesting such a card 
     to replace a card previously issued to such individual.
       (c) Counterfeit-Resistant Card Voluntary for Individuals.--
     The Commissioner may not require any individual to obtain a 
     social security card of the type described in subsection (a).
                                                                    ____


                           Amendment No. 3904

       At the end, insert the following:

     ``SEC. --. FINDINGS RELATED TO THE ROLE OF INTERIOR BORDER 
                   PATROL STATIONS.

       The Congress makes the following findings:
       (1) The Immigration and Naturalization Service has drafted 
     a preliminary plan for the removal of 200 Border Patrol 
     agents from interior stations and the transfer of these 
     agents to the Southwest border.
       (2) The INS has stated that it intends to carry out this 
     transfer without disrupting service and support to the 
     communities in which interior stations are located.
       (3) Briefings conducted by INS personnel in communities 
     with interior Border Patrol stations have revealed that 
     Border Patrol agents at interior stations, particularly those 
     located in Southwest border States, perform valuable law 
     enforcement functions that cannot be performed by other INS 
     personnel.
       (4) The transfer of 200 Border Patrol agents from interior 
     stations to the Southwest border, which would not increase 
     the total number of law enforcement personnel at INS, would 
     cost the federal government approximately $12,000,000.
       (5) The cost to the federal government of hiring new 
     criminal investigators and other personnel for interior 
     stations is likely to be greater than the cost of retaining 
     Border Patrol agents at interior stations.
       (6) The first recommendation of the report by the National 
     Task Force on Immigration was to increase the number of 
     Border Patrol agents at the interior stations.
       (7) Therefore, it is the sense of the Congress that--
       (A) the U.S. Border Patrol plays a key role in apprehending 
     and deporting undocumented aliens throughout the United 
     States;
       (B) interior Border Patrol stations play a unique and 
     critical role in the agency's enforcement mission and serve 
     as an invaluable second line of defense in controlling 
     illegal immigration and its penetration to the interior of 
     our country;
       (C) a redeployment of Border Patrol agents at interior 
     stations would not be cost-effective and is unnecessary in 
     view of plans to nearly double the number of Border Patrol 
     agents over the next five years; and
       (D) the INS should hire, train and assign new staff based 
     on a strong Border Patrol presence both on the Southwest 
     border and in interior stations that support border 
     enforcement.
                                 ______


                 LEAHY (AND OTHERS) AMENDMENT NO. 3905

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

       At the end of the bill, add the following:

                   TITLE III--MISCELLANOUS PROVISIONS

       Sec. 301. (a) Notwithstanding any other provision of this 
     Act, sections 131, 132, 141, 193 and 198(b) shall have no 
     force or effect.
       (b) Section 106(f) of the Immigration and Nationality Act 
     (8 U.S.C. 1105(f) is repealed.
       (c) 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 enter 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 or 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

[[Page S4436]]

     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 
     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.''.
       (d) 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, shall be subject to challenge by any 
     other immigration 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. 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''.
       (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.
                                 ______


                    LEAHY AMENDMENTS NOS. 3906-3910

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

                           Amendment No. 3906

       At the end of the bill, add the following:

                  TITLE III--MISCELLANEOUS PROVISIONS

       Sec. 301(a). Notwithstanding any other provision of this 
     Act, 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 exits 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 
     trial;
       ``(C) abduction, forced disappearance or clandestine 
     detention; or

[[Page S4437]]

       ``(D) systematic persecution; or
       ``(2) an ongoing armed conflict or other extraordinary 
     conditions would pose a serious threat to the alien's 
     personal safety.''.
                                                                    ____


                           Amendment No. 3907

       At the end of the bill, add the following:

                  TITLE III--MISCELLANEOUS PROVISIONS

       Sec. 301. Notwithstanding any other provision of this Act, 
     Sections 131, 132, 141, 193 and 198(b) shall have no force or 
     effect.
                                                                    ____


                           Amendment No. 3908

       At the end of the bill, add the following:

                  TITLE III--MISCELLANEOUS PROVISIONS

       Sec. 301(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, shall be subject to challenge by any 
     other immigration officer and such challenge shall operate to 
     take the alien, whose privilege to land is so challenged, 
     before a special inquiry officer.''.
       (2) 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 234(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''.
       (b)(1) 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''.
       (2) Section 235(d) (8 U.S.C. 1225d) is repealed.
       (3) 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.''.
       (c) Section 241(d)(8 U.S.C. 1251d) is repealed.
                                                                    ____


                           Amendment No. 3909

       At the end of the bill, add the following:

                  TITLE III--MISCELLANEOUS PROVISIONS

       Sec. 301(a). Section 106(f) of the Immigration and 
     Nationality Act (8 U.S.C. 1105f) is repealed.
                                                                    ____


                           Amendment No. 3910

       At the end of the bill add: The language on page 180, line 
     6 and all that follows through page 201, line 4, of the Dole 
     amendment is deemed to read:
       (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.

[[Page S4438]]

       (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 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.


[[Page S4439]]


     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 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 KENNEDY) AMENDMENT NO. 3911

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

       On page 210, line 1, after ``medical assistance'' insert 
     the following: ``(other than medical assistance for an 
     emergency medical condition as defined in section 1903(v)(3) 
     of the Social Security Act)''.
                                 ______


                      HUTCHISON AMENDMENT NO. 3912

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

       At the appropriate place, insert the following new section:
       Sec.   .--The Immigration and Naturalization Service shall, 
     when redeploying Border patrol personnel from interior 
     stations, coordinate with and act in conjunction with state 
     and local law enforcement agencies to ensure that such 
     redeployment does not degrade or compromise the law 
     enforcement capabilities and functions currently performed at 
     interior Border Patrol stations.
                                 ______


                  WELLSTONE AMENDMENTS NOS. 3913-3914

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

                           Amendment No. 3913

       At the end of the bill, add the following:

                  TITLE III: MISCELLANEOUS PROVISIONS

     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.
                                                                    ____


                           Amendment No. 3914

       At the end of the bill, add the following:

     SEC.   . WAIVER OF APPLICATION FEES FOR ADJUSTMENT OF STATUS 
                   OF CERTAIN BATTERED ALIENS.

       Notwithstanding any other provision of this Act, section 
     245(i)(1) remains in effect and is further amended as 
     follows:
       (1) by redesignating clauses (i), (ii), and (iii) as 
     subclauses (I), (II), and (III), respectively;
       (2) by redesignating subparagraphs (A) and (B) as clauses 
     (i) and (ii), respectively;
       (3) by inserting ``(A)'' immediately after ``(i)(1)''; and
       (4) by adding at the end the following:
       ``(B)(i) The Attorney General may waive the sum specified 
     in subparagraph (A) in the case of an alien who has been 
     battered or subjected to extreme cruelty by a spouse, parent, 
     or member of the spouse or parent's family residing in the 
     same household as the alien (if the spouse or parent 
     consented to or acquiesced to such battery or cruelty) when 
     such waiver would enhance the safety of the alien or the 
     alien's child.
       ``(ii) An alien shall not be excludable under section 
     212(a)(4) as a public charge on the grounds that the alien 
     requested or received a waiver under this subparagraph.''.
                                 ______


                        KERRY AMENDMENT NO. 3915

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

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

     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

[[Page S4440]]

     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 a 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 on determinations of noncompliance.--
       (A) Attorney general.--Whenever the Attorney General 
     determines that a contractor or 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 or 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 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 an 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.
                                 3_____


               HUTCHISON (AND KENNEDY) AMENDMENT NO. 3916

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

       At the end of the bill add the following:
       The language on page 210, line 1, after ``medical 
     assistance'' is deemed to have inserted the following: 
     ``(other than medical assistance for an emergency medical 
     condition as defined in section 1903(v)(3) of the Social 
     Security Act)''.
                                 ______


                   KENNEDY AMENDMENTS NOS. 3917-3942

  (Ordered to lie on the table.)
  Mr. KENNEDY submitted 26 amendments intended to be proposed by him to 
the bill S. 1664, supra; as follows:

                           Amendment No. 3917

       At the end of the bill insert:
       Sec.   .
       (a) In General.--Notwithstanding section 117 of this Act, 
     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.--Notwithstanding section 117 
     of this Act, 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 complaint 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).

[[Page S4441]]

       ``(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.--Notwithstanding section 117 of 
     this Act, Section 274(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. 3918

       On page 37 of the bill, 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 documents 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 complaint 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. 3919

       At the end of the bill insert:
       Sec.   . Notwithstanding section 117 of this Act, section 
     274 of the Immigration and Nationalization Act shall remain 
     in effect.
                                                                    ____


                           Amendment No. 3920

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


                           Amendment No. 3921

       At the end of the bill insert:
       Sec.   . Notwithstanding any provision of this Act, no 
     program of student assistance under titles IV, V, IX, and X 
     of the Higher Education Act of 1965, shall be subject to the 
     deeming provisions of this Act.
                                                                    ____


                           Amendment No. 3922

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


                           Amendment No. 3923

       At the end of the bill insert:
       Sec.   . Notwithstanding any provisions of this Act, the 
     public charge requirements of this Act shall not apply to any 
     assistance provided under any program of student assistance 
     under title IV, V, IX, and X of the Higher Education Act of 
     1965.
                                                                    ____


                           Amendment No. 3924

       At the end of the bill insert:
       Sec.   . Education assistance.--The public charge 
     requirements of this Act 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. 3925

       At the end of the bill insert:
       Sec.   . Certain federal programs.--Notwithstanding the 
     provisions of this Act, the deeming requirements of this Act 
     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 provisions 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. 3926

       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.
       (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.
       (J) Prenatal and postpartum services under title XIX of the 
     Social Security Act.
                                                                    ____


                           Amendment No. 3927

       At the end of the bill insert:

[[Page S4442]]

       Sec.   . Notwithstanding this Act, the deeming requirements 
     of this Act 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.
       (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. 3928

       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.
       (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. 3929

       At the end insert:
       Sec.  . Notwithstanding this Act, the deeming requirements 
     of this Act 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 States Code.
                                                                    ____


                           Amendment No. 3930

       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 States Code.
                                                                    ____


                           Amendment No. 3931

       At the end of the bill insert:
       Sec.  .
       (E) Exception to definition of public charge.--
     Notwithstanding this Act, for purposes of this Act, 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. 3932

       On page 190, after line 25, insert the following:
       ``(E) Exception to definition of public charge.--
     Notwithstanding an 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. 3933

       At the end insert:
       Sec.  . (E) Exception to definition of public charge.--
     Notwithstanding any program described in this Act, for 
     purposes of this Act, the term `public charge' shall not 
     include any alien who receives any services or assistance 
     described in section 204(d)(3).
                                                                    ____


                           Amendment No. 3934

       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. 3935

       At the end of the bill insert:
       Sec.  . Limitation on pregnancy services for undocumented 
     aliens.--Notwithstanding any other provision of law, the 
     subparagraphs listed in section 201 shall apply to the 
     provision of pregnancy services for ineligible aliens:
                                                                    ____


                           Amendment No. 3936

       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. 3937

       At the end of 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. 3938

       At the end of the bill 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. 3939

       At the end of the bill insert:
       The provision of section 201 of this Act shall not apply to 
     any preschool, elementary, secondary, or adult educational 
     benefit.
                                                                    ____


                           Amendment No. 3940

       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. 3941

       At the end of the bill insert:
       ``Sec.   . Limitation.--Not more than 150 of the number of 
     investigators authorized in section 105 of this Act 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 misrepresentation 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. 3942

       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 misrepresentation 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''.
                                 ______


                   SIMPSON AMENDMENTS NOS. 3943-3945

  (Ordered to lie on the table.)

[[Page S4443]]

  Mr. SIMPSON submitted three amendments intended to be proposed by him 
to the bill S. 1664, supra; as follows:

                           Amendment No. 3943

       Section 201(a)(1) is amended--
       (1) by deleting paragraph (A)(ii) and renumbering the 
     following sections accordingly.
                                                                    ____


                           Amendment No. 3944

       Section 201(a)(1) is amended--
       (2) by deleting paragraph (4).
                                                                    ____


                           Amendment No. 3945

       Section 201(a)(1) is amended--
       (1) by deleting paragraph (A)(ii) and renumbering the 
     following sections accordingly; and
       (2) by deleting paragraph (4).
                                 ______


                   KENNEDY AMENDMENTS NOS. 3946-3947

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

                           Amendment No. 3946

       At the appropriate place add the following:

     SEC.   . INCREASE IN THE MINIMUM WAGE RATE.

       Section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 
     U.S.C. 206(a)(1)) is amended to read as follows:
       ``(1) except as otherwise provided in this section, not 
     less than $4.25 an hour during the period ending July 4, 
     1996, not less than $4.70 an hour during the year beginning 
     July 5, 1996, and not less than $5.15 an hour after July 4, 
     1997;''.
                                                                    ____


                           Amendment No. 3947

       At the appropriate place add the following:

     SEC.   . INCREASE IN THE MINIMUM WAGE RATE.

       Section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 
     U.S.C. 206(a)(1)) is amended to read as follows:
       ``(1) except as otherwise provided in this section, not 
     less than $4.25 an hour during the period ending July 4, 
     1996, not less than $4.70 an hour during the year beginning 
     July 5, 1996, and not less than $5.15 an hour after July 4, 
     1997;''.

                          ____________________