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H.R. 2162 (104th): Immigration Reduction Act of 1995


The text of the bill below is as of Aug 2, 1995 (Introduced). The bill was not enacted into law.


HR 2162 IH

104th CONGRESS

1st Session

H. R. 2162

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

IN THE HOUSE OF REPRESENTATIVES

August 2, 1995

Mr. ARCHER introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Ways and Means, Commerce, Agriculture, and Government Reform and Oversight, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned


A BILL

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

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ‘Immigration Reduction Act of 1995’.

SEC. 2. TABLE OF CONTENTS.

    The table of contents is as follows:

      Sec. 1. Short title.

      Sec. 2. Table of contents.

      Sec. 3. Effective date.

TITLE I--IMMIGRANTS AND REFUGEES

      Sec. 101. Immigration levels.

      Sec. 102. Refugee reform.

      Sec. 103. Asylum reform.

      Sec. 104. Temporary protected status repealed.

      Sec. 105. Parole authority.

TITLE II--BORDER CONTROL

      Sec. 201. Border patrol personnel.

      Sec. 202. Border crossing fees.

TITLE III--INTERIOR ENFORCEMENT

      Sec. 301. Investigative personnel.

      Sec. 302. Common-law searches restored.

      Sec. 303. Detention facilities.

      Sec. 304. Jurisdiction over immigration cases.

      Sec. 305. Aliens in deportation.

      Sec. 306. Immigration penalties and confiscations.

      Sec. 307. Communications.

      Sec. 308. Voluntary departure.

TITLE IV--DOCUMENT REFORM

      Sec. 401. Secure work eligibility documents.

      Sec. 402. Electronic verification.

      Sec. 403. Uniform vital statistics.

      Sec. 404. Employment authorization.

TITLE V--STATE AND LOCAL RESPONSIBILITIES

      Sec. 501. Local cooperation.

      Sec. 502. Notification of alien arrest.

      Sec. 503. Immigration-related communications.

      Sec. 504. Law enforcement assistance.

TITLE VI--RESTRICTING WELFARE AND PUBLIC BENEFITS FOR ALIENS

      Sec. 600. Statements of national policy concerning welfare and immigration.

Subtitle A--Eligibility for Federal Benefits Programs

      Sec. 601. Ineligibility of illegal aliens for certain public benefits programs.

      Sec. 602. Ineligibility of nonimmigrants for certain public benefits programs.

      Sec. 603. Limited eligibility of immigrants for 5 specified Federal public benefits programs.

      Sec. 604. Notification.

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

      Sec. 611. Ineligibility of illegal aliens for State and local public benefits programs.

      Sec. 612. Ineligibility of nonimmigrants for State and local public benefits programs.

      Sec. 613. State authority to limit eligibility of immigrants for State and local means-tested public benefits programs.

Subtitle C--Attribution of Income and Affidavits of Support

      Sec. 621. Attribution of sponsor’s income and resources to family-sponsored immigrants.

      Sec. 622. Requirements for sponsor’s affidavit of support.

Subtitle D--General Provisions

      Sec. 631. Definitions.

      Sec. 632. Construction.

Subtitle E--Conforming Amendments

      Sec. 641. Conforming amendments relating to assisted housing.

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

      Sec. 651. Exclusion of aliens likely to become public charges.

TITLE VII--STRENGTHENING CITIZENSHIP

      Sec. 701. Constitutional citizenship.

      Sec. 702. Constitutional voting privilege.

      Sec. 703. Naturalization.

      Sec. 704. Legal actions by State and local governments.

TITLE VIII--IMMIGRATION AND NATURALIZATION SERVICE

      Sec. 801. Establishment of independent agency.

      Sec. 802. Conforming amendments.

SEC. 3. EFFECTIVE DATE.

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

TITLE I--IMMIGRANTS AND REFUGEES

SEC. 101. IMMIGRATION LEVELS.

    (a) Section 201 of the Immigration and Nationality Act (8 U.S.C. 1151) is amended by--

      (1) inserting ‘backlogged’ before ‘family-sponsored immigrants’ and inserting ‘and’ after ‘fiscal year;’ in subsection (a)(1);

      (2) striking ‘employment-based’ in subsection (a)(2) and inserting ‘priority-worker’;

      (3) striking ‘year; and’ in subsection (a)(2) and inserting ‘year.’;

      (4) striking subsection (a)(3);

      (5) amending subsection (c) to read as follows:

    ‘(c) WORLDWIDE LEVEL OF BACKLOGGED FAMILY-SPONSORED IMMIGRANTS- The worldwide level of backlogged family-sponsored immigrants under this subsection for a fiscal year is equal to--

      ‘(1) 320,000, minus

      ‘(2) the sum of--

        ‘(A) the number of immediate relatives described in section 201(b)(2) and priority workers described in section 203(b) who were issued immigrant visas or who otherwise acquired the status of aliens lawfully admitted to the United States for permanent residence in the previous fiscal year, and

        ‘(B) the number of refugees admitted under section 207 in the preceding fiscal year.’;

      (6) amending subsection (d) to read as follows:

    ‘(d) The worldwide level of priority-worker immigrants under this subsection for a fiscal year is 25,000.’; and

      (7) striking subsection (e).

    (b) Section 203 of the Immigration and Nationality Act (8 U.S.C. 1153) is amended by--

      (1) inserting ‘BACKLOGGED’ before ‘FAMILY-SPONSORED’ and ‘backlogged’ before ‘family-sponsored’ in subsection (a);

      (2) striking ‘23,400’ in subsection (a)(1) and inserting ‘10 percent of such worldwide level’;

      (3) striking ‘114,200, plus the number (if any) by which such worldwide level exceeds 226,000’ in subsection (a)(2) and inserting ‘51 percent of such worldwide level’;

      (4) striking ‘23,400’ in subsection (a)(3) and inserting ‘10 percent of such worldwide level’;

      (5) striking ‘65,000’ in subsection (a)(4) and inserting ‘29 percent of such worldwide level’;

      (6) amending subsection (b) to read as follows:

    ‘(b) ALLOCATION FOR PRIORITY-WORKER IMMIGRANTS- Visas shall be made available in a number not to exceed the worldwide level of priority-worker immigrants to qualified immigrants who are aliens described in any of the following paragraphs (1) through (4):

      ‘(1) ALIENS WITH EXTRAORDINARY ABILITY- An alien is described in this paragraph if--

        ‘(A) the alien has extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation,

        ‘(B) the alien seeks to enter the United States to continue work in the area of extraordinary ability, and

        ‘(C) the alien’s entry into the United States will substantially benefit prospectively the United States.

      ‘(2) OUTSTANDING PROFESSORS AND RESEARCHERS- An alien is described in this paragraph if--

        ‘(A) the alien is recognized internationally as outstanding in a specific academic area,

        ‘(B) the alien has at least 3 years of experience in teaching or research in the academic area, and

        ‘(C) the alien seeks to enter the United States--

          ‘(i) for a tenured position (or tenure-track position) within a university or institution of higher education to teach in the academic area,

          ‘(ii) for a comparable position with a university or institution of higher education to conduct research in the area, or

          ‘(iii) for a comparable position to conduct research in the area with a department, division, or institute of a private employer, if the department, division, or institute employs at least 3 persons full-time in research activities and has achieved documented accomplishments in an academic field.

      ‘(3) CERTAIN MULTINATIONAL EXECUTIVES AND MANAGERS- An alien is described in this paragraph if the alien, in the 3 years preceding the time of the alien’s application for classification and admission into the United States under this paragraph, has been employed for at least 1 year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof and the alien seeks to enter the United States in order to continue to render services to the same employer or to a subsidiary or affiliate thereof in a capacity that is managerial or executive.

      ‘(4) EMPLOYER-SPONSORED WORKERS WITH ADVANCED DEGREES OR EXCEPTIONAL ABILITY- An alien is described in this paragraph if--

        ‘(A) the alien holds an advanced degree or possesses exceptional ability,

        ‘(B) the alien’s services in the sciences, the arts, a profession, or a business are sought by an employer in the United States, and

        ‘(C) such services will substantially benefit prospectively the national economy.’;

      (7) amending subsection (c) to read as follows:

    ‘(c) DISTRIBUTION OF VISAS- Visas shall be made available to priority-worker immigrants in the order in which a petition on behalf of each such immigrant is filed with the Attorney General, and waiting lists of applicants for visas shall be maintained in accordance with regulations prescribed by the Secretary of State.’;

      (8) striking ‘(a), (b), or (c)’ in subsections (d), (f), and (g) and inserting ‘(a) or (b)’; and

      (9) amending subsection (e) to read as follows:

    ‘(e) VISA CUT-OFF FOR FAMILY SPONSORED IMMIGRANTS- No visas shall be allotted to any alien subject to the worldwide level for backlogged family immigrants unless a petition on that alien’s behalf for classification by reason of a relation described in any paragraph of subsection (a) was approved prior to October 1, 1996.’.

    (c) Section 204 of the Immigration and Nationality Act (8 U.S.C. 1154) is amended--

      (1) in subsection (a)(1)(A) by striking ‘the classification by reason of a relationship described in paragraph (1), (3), or (4) of section 203(a) or’;

      (2) by striking subparagraphs (B), (C), (D), (E), (F), and (G) in subsection (a)(1) and inserting:

        ‘(B) any alien desiring to be classified under section 203(b)(1), or any person on behalf of such an alien, may file a petition with the Attorney General for such classification, and

        ‘(C) any employer desiring and intending to employ within the United States an alien entitled to classification under section 203(b)(2), 203(b)(3), or 203(b)(4) may file a petition with the Attorney General for such classification.’;

      (3) striking ‘203(b)(2) or 203(b)(3)’ in subsection (b) and inserting ‘203(b)(4)’;

      (4) striking in subsection (e) ‘subsection (a), (b), or (c) of’;

      (5) striking in subsection (f)(1) ‘, 203(a)(1), or 203(a)(3), as appropriate’; and

      (6) adding after subsection (g) the following:

    ‘(h) Notwithstanding any other provision of this section, the Attorney General shall not approve after September 30, 1996, any petitions for classification by reason of a relationship described in any paragraph of section 203(a).’.

    (d) Section 214(g)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)) is amended by striking ‘65,000’ and inserting ‘30,000’.

SEC. 102. REFUGEE REFORM.

    Section 207 of the Immigration and Nationality Act (8 U.S.C. 1157) is amended by--

      (1) striking subsection (a) and inserting:

    ‘(a) Except as provided in subsection (b), the number of refugees who may be admitted under this section in any fiscal year may not exceed 50,000. Admissions under this subsection shall be allocated by the President among refugees of special humanitarian concern to the United States.’;

      (2) adding after subsection (e) the following:

    ‘(f) No person shall receive any preference or priority or be discriminated against in the determination of refugee status or in the admission of refugees because of the person’s race, sex, religion, or nationality.’; and

      (3) Notwithstanding the limitation under section 207(a) of the Immigration and Nationality Act, such limitation shall not apply to refugee admissions under Public Law 89-732.

SEC. 103. ASYLUM REFORM.

    (a) Section 208 of the Immigration and Nationality Act (8 U.S.C. 1158) is amended by--

      (1) striking ‘irrespective of such alien’s status,’ from subsection (a) and inserting ‘who is not excludable or deportable’;

      (2) striking ‘is a refugee within the meaning of section 101(a)(42)(A)’ and inserting ‘departed the country of his nationality or the country in which he last habitually resided and is unable or unwilling to return because it is more likely than not that his life or freedom will be threatened in that country based upon his race, religion, nationality, or political opinion’; and

      (3) adding after subsection (d) the following:

    ‘(e) No person shall receive any preference or priority or be discriminated against in the granting or termination of asylum because of the person’s race, sex, religion, or nationality.

    ‘(f)(1) Subject to paragraph (2), an alien’s application for asylum shall not be considered under this section unless--

      ‘(A) the alien has filed, not later than 30 days after being admitted or coming to the United States, notice of intention to file such an application, and

      ‘(B) such application is actually filed not later than 60 days after being admitted or coming to the United States.

    ‘(2) An application for asylum may be considered, notwithstanding that the requirements of paragraph (1) have not been met, only if the alien demonstrates by clear and convincing evidence changed circumstances in the alien’s country of nationality (or in the case of an alien with no nationality, in the country where the alien has habitually resided) affecting eligibility for asylum.’.

    (b) Section 243(h) of the Immigration and Nationality Act (8 U.S.C. 1253(h)) is amended by adding at the end the following new paragraph:

      ‘(3) Paragraph (1) shall not apply to any proceeding that did not commence with the alien’s voluntary presentment of himself for inspection, exclusion, or deportation unless the threat to such alien’s life or freedom arose subsequent to the commencement of such proceeding.’.

SEC. 104. REPEAL OF TEMPORARY PROTECTED STATUS.

    (a) Section 244A of the Immigration and Nationality Act (8 U.S.C. 1254a) is repealed.

    (b) An alien in the United States under temporary protected status on the date of enactment of this Act may continue such status until the earlier of--

      (1) the date on which such status is withdrawn or terminated by the Attorney General, or

      (2) the date which is 180 days after the date of the enactment of this Act.

    (c) Section 244 of the Immigration and Nationality Act (8 U.S.C. 1254) is amended by adding at the end the following new subsection:

    ‘(g) Except as specifically provided in this Act, the Attorney General may not authorize any alien who is excludable or deportable to remain in the United States or to engage in employment in the United States.’.

SEC. 105. PAROLE AUTHORITY.

    Section 212(d)(5) of the Immigration and Nationality Act (8 U.S.C. 1182) is amended by adding at the end the following:

        ‘(C) The Attorney General may not parole groups or classes of aliens into the United States. No alien shall be paroled into the United States except on the basis of the alien’s individual circumstances.

        ‘(D) An alien who is paroled into the United States may not be authorized to work in the United States during the period of the alien’s parole.

        ‘(E) The Attorney General shall maintain a record of parolees. The number of aliens paroled into the United States by the Attorney General, excluding those released temporarily from custody while active proceedings are pending against them under this Act, shall not at any time exceed 5,000.’.

TITLE II--BORDER CONTROL

SEC. 201. BORDER PATROL PERSONNEL.

    (a) The number of full-time officer positions in the border patrol of the Immigration and Naturalization Service shall be increased to 5,900 in fiscal year 1997, 6,900 in fiscal year 1998, 7,900 in fiscal year 1999, 8,900 in fiscal year 2000, and 9,900 in fiscal year 2001.

    (b) There is authorized to be appropriated for each of the fiscal years 1997, 1998, 1999, 2000, and 2001 such amounts as may be necessary to provide for the increase in positions provided by subsection (a) and for such support personnel as are necessary.

SEC. 202. BORDER CROSSING FEES.

    Section 286 of the Immigration and Nationality Act (8 U.S.C. 1356) is amended by adding at the end the following new subsection:

    ‘(s) LAND BORDER AND PORT OF ENTRY USER FEE ACCOUNT-

      ‘(1) The Attorney General, after consultation with the Secretary of State, shall impose at the time of a person’s entry into the United States by land or by sea a fee of $1 for the person’s use of border or port facilities and services of the Immigration and Naturalization Service.

      ‘(2) The Attorney General may--

        ‘(A) adjust the border crossing user fee periodically to compensate for inflation and other escalation in the cost of carrying out the purposes of this Act; and

        ‘(B) develop and implement special discounted fee programs for frequent border crossers including, but not limited to, commuter coupon books or passes.

      ‘(3) The fees collected under paragraph (1) shall be deposited as offsetting receipts into a separate account entitled the ‘Border Crossing Fee Account’ in the Treasury of the United States. In each calendar quarter the Secretary of the Treasury shall refund out of the Border Crossing Fee Account to any appropriation the amount paid out of such appropriation during the preceding calendar quarter for expenses incurred by the Attorney General on (1) measures, personnel, structures, and devices to deter and prevent illegal entry of persons and contraband into the United States by land or by sea, and to return excludable aliens and (2) construction, maintenance, and operation of facilities to expedite lawful border traffic.’.

TITLE III--INTERIOR ENFORCEMENT

SEC. 301. INVESTIGATIVE PERSONNEL.

    (a) The number of full-time investigator positions in the Immigration and Naturalization Service shall be increased above the number of such positions authorized as of October 31, 1996 by 500 in fiscal year 1997, by 1,000 in fiscal year 1998, by 1,500 in fiscal year 1999, by 2,000 in fiscal year 2000, and by 2,500 in fiscal year 2001.

    (b) There is authorized to be appropriated for each of the fiscal years 1997, 1998, 1999, 2000, and 2001 such amounts as may be necessary to provide for the increase in positions provided by subsection (a) and for such support personnel as are necessary.

SEC. 302. COMMON-LAW SEARCHES RESTORED.

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

SEC. 303. DETENTION FACILITIES.

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

SEC. 304. JURISDICTION OVER IMMIGRATION CASES.

    Section 1295(a) of title 28, United States Code, is amended--

      (1) by striking ‘and’ at the end of paragraph (13);

      (2) by striking the period at the end of paragraph (14) and inserting ‘; and’; and

      (3) by inserting after paragraph (14) the following:

      ‘(15) of an appeal from a final decision of a district court of the United States of any case arising under the Immigration and Nationality Act.’.

SEC. 305. ALIENS IN DEPORTATION.

    (a) PENALTY FOR UNLAWFUL PRESENCE- The Immigration and Nationality Act is amended by adding after section 276 the following new section:

    ‘SEC. 276A. An alien whose presence in the United States is in violation of any provision of this Act when proceedings to deport the alien commence shall be subject to a civil penalty when a final order of deportation is made against the alien. The amount of the penalty shall be the greater of (1) the actual cost of deporting the alien, or (2) the estimate by the Commissioner of the average cost of deporting an alien that was last published in the Federal Register prior to the making of the final order of deportation. During each fiscal year the Commissioner shall cause to be published in the Federal Register an estimate of the average cost of deporting an alien during the preceding fiscal year. For purposes of this section, the cost of deporting an alien includes all direct and indirect costs

of detection, apprehension, detention, processing, and transportation.’.

    (b) SEIZURE OF CERTAIN PROPERTY- The Immigration and Nationality Act is amended by adding after section 242B:

    ‘SEC. 242C. (a) If the Attorney General determines that an alien, found to be deportable, has at any time engaged in unauthorized employment or in any commercial enterprise during any period of unlawful presence in the United States or has received any Federal financial benefit to which such alien was not entitled, then all property real or personal, of the alien in the United States, wherever situated, shall be seized and subject to forfeiture, except that, in cases where such seizure and forfeiture would result in severe financial hardship of the alien or of any United States citizen or permanent resident alien that is the spouse, minor child, or parent of the alien, the Attorney General, the sole discretion of the Attorney General, may exempt from seizure and forfeiture an amount of property not exceeding $10,000.

    ‘(b) Any property subject to seizure under this section may be seized without warrant if circumstances exist where a warrant is not constitutionally required.

    ‘(c) All provisions of law relating to the seizure, summary and judicial forfeiture, and condemnation of property for the violation of the customs laws; the disposition of such property or the proceeds from the sale thereof; the remission or mitigation of such forfeitures; and the compromise of claims and the award of compensation to informers in respect of such forfeitures shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this section, insofar as applicable and not inconsistent with the provisions hereof, except that duties imposed on customs officers or other persons regarding the seizure and forfeiture of property under the customs laws shall be performed with respect to seizures and forfeitures carried out under the provisions of this section by such officers or persons authorized for that purpose by the Attorney General.

    ‘(d) Whenever property is forfeited under this section, the Attorney General may--

      ‘(1) retain the property for official use;

      ‘(2) sell the property, in which case the proceeds from any such sale shall be used to pay all proper expenses of the proceedings for forfeiture and sale including expenses of seizure, maintenance of custody, advertising, and courts costs; and

      ‘(3) deposit any moneys or proceeds from the sale of seized property not used to pay expenses in accordance with paragraph (2) to the Penalties and Confiscation Account.

    ‘(e) In all suits or actions brought for the forfeiture of any property of an alien seized under this section, where an interest in such property is claimed by any person other than such alien, the burden of proof shall lie upon such claimant, except that probable cause shall be first shown for the institution of such suit or action.’.

SEC. 306. IMMIGRATION PENALTIES AND CONFISCATIONS.

    Section 286 of the Immigration and Nationality Act (8 U.S.C. 1356) is amended--

      (1) in subsection (b)(1) by striking subparagraph ‘(A)’ and in subparagraph (B) by striking subparagraph ‘(B)’.

      (2) by amending subsection (r) to read as follows:

    ‘(r) PENALTIES AND CONFISCATIONS ACCOUNT-

      ‘(1) Notwithstanding any other provision of law, all breached cash and surety bonds that are posted under this chapter and are recovered, all civil fines or penalties collected pursuant to this Act, and all money confiscated, and all proceeds from the sale of property confiscated, pursuant to this Act, shall be deposited as offsetting receipts into a separate account entitled ‘Penalties and Confiscations Account’ in the Treasury of the United States.

      ‘(2) Each calendar quarter the Secretary of the Treasury shall refund out of the Penalties and Confiscations Account to any appropriation the amount paid out of such appropriation during the preceding calendar quarter for expenses incurred by the Attorney General in the detection, apprehension, detention, and deportation of aliens who are unlawfully present in the United States.’.

SEC. 307. COMMUNICATIONS.

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

SEC. 308. VOLUNTARY DEPARTURE.

    Section 244 of the Immigration and Nationality Act (8 U.S.C. 1254) is amended--

      (1) in subsection (e) by adding at the end the following:

      ‘(3) When granting permission to depart voluntarily under the authority contained in paragraph (1), the Attorney General shall inform the alien of the date and year, not more than 6 months from the date on which such permission is communicated, by which such departure must be accomplished. No postponement of the initially prescribed departure date may be granted’;

      (2) in subsection (f) striking ‘; or’ at the end of paragraph (2) and inserting a semicolon

      (3) in paragraph (3) by striking the period at the end and inserting ‘; or’; and

      (4) by adding after paragraph (3) the following:

      ‘(4) was permitted by the Attorney General to depart voluntarily under subsection (e)(1) and did not depart by the date prescribed in accordance with subsection (e)(3).’.

TITLE IV--DOCUMENT REFORM

SEC. 401. SECURE WORK ELIGIBILITY DOCUMENTS.

    (a) EXAMINATION OF DOCUMENTS- Effective January 1, 1997, section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is amended by striking subparagraphs (A) through (D) of subsection (b)(1) and inserting the following:

        ‘(A) IN GENERAL- The person or entity must attest, under penalty of perjury and on a form designated or established by the Attorney General by regulation, that it has verified that the individual is not an unauthorized alien by--

          ‘(i) examining the document described in subparagraph (B) in the case of an individual claiming to be a United States citizen or United States national;

          ‘(ii) examining the document described in subparagraph (C) in the case of an individual not claiming to be a United States citizen or a United States national; and

          ‘(iii) reporting the individual’s Social Security account number to the Social Security Administration through the electronic verification system established pursuant to section 402 of the Immigration Reduction Act of 1995.

        ‘(B) DOCUMENTS OF CITIZENS AND NATIONALS- The document described in this paragraph is an individual’s Social Security account number card issued pursuant to section 401(c) of the Immigration Reduction Act of 1995.

        ‘(C) DOCUMENTS OF ALIENS- The document described in this paragraph is an alien’s identification card issued by the Immigration and Naturalization Service pursuant to section 401(b) of the Immigration Reduction Act of 1995.’.

    (b) IMPROVEMENT OF ALIEN IDENTITY CARDS-

      (1) PERMANENT RESIDENT ALIENS- The Attorney General shall cause to be issued to every alien acquiring lawful permanent residence in the United States after June 30, 1996, and, upon application, to any alien who acquired lawful permanent residence before July 1, 1996, an alien identification card that shall--

        (A) be uniform in appearance,

        (B) be as tamper-proof and counterfeit-resistant as practicable,

        (C) contain a photograph and fingerprint,

        (D) display the name, sex, date of birth, place of birth, and such other identifying information as the Attorney General shall determine, and

        (E) incorporate a machine-readable encoding of the information displayed on the card and such other information as may serve to prevent counterfeiting or other misuse of the card.

      (2) OTHER ALIENS- The Attorney General shall cause to be issued to every alien who becomes authorized to work in the United States after June 30, 1996, other than by reason of lawful admission for permanent residence, and shall cause to be issued, upon application, to any other alien who is authorized to work in the United States other than by reason of lawful admission for permanent residence an alien identification card that shall--

        (A) be uniform in appearance,

        (B) be as tamper-proof and counterfeit-resistant as practicable,

        (C) contain a photograph and fingerprint,

        (D) display the alien’s name, sex, date of birth, place of birth, and such other identifying information as the Attorney General shall determine,

        (E) show an expiration date that shall be determined in accordance with regulations issued by the Attorney General, but shall not in any case be later than 3 calendar years after the date of issuance, and

        (F) incorporate a machine-readable encoding of the information displayed on the card and such other information as may serve to prevent counterfeiting or other misuse of the card.

    (c) IMPROVEMENT OF SOCIAL SECURITY CARDS-

      (1) ISSUANCE OF ENHANCED CARD FOR CITIZENS- The Secretary shall cause to be issued enhanced Social Security account number cards to United States citizens and United States nationals who are 16 years of age or older upon application, proof of identity, proof of citizenship or nationality, and payment of a reasonable fee.

      (2) ISSUANCE OF ENHANCED CARD FOR ALIENS- The Secretary shall cause to be issued enhanced Social Security account number cards to aliens lawfully admitted for permanent residence or who are otherwise authorized to work in the United States and who are 16 years of age or older upon application, proof of identity, verification of status by the Immigration and Naturalization Service, and payment of a reasonable fee.

      (3) REQUIREMENTS OF NEW CARDS-

        (A) The cards issued pursuant to paragraphs (1) and (2) shall--

          (i) be uniform in appearance,

          (ii) be as tamper-proof and counterfeit-resistant as is practicable,

          (iii) contain a photograph and such other identifying information that is specific to each person as the Secretary shall determine,

          (iv) contain the name, sex, date of birth, citizenship status, and Social Security account number of the issuee, and

          (v) incorporate a machine-readable encoding of the information contained in the card.

        (B) The cards issued pursuant to paragraph (2) to aliens who are not permanent resident aliens shall indicate whether the work authorization granted to the alien has an expiration date.

      (4) SECRETARY DEFINED- For purposes of this subsection, the Secretary means the Secretary of Health and Human Services.

    (d) REASONABLE FEE- The amount of the fee that is to be charged under subsections (b) and (c) shall be the amount, not exceeding $50, required to cover the costs of issuing the card (rounded to the nearest whole dollar).

    (e) NO OTHER CARDS- No Social Security account number card or alien identification card shall be issued after June 30, 1996, whether as an original card or as a replacement, that does not satisfy the requirements of this section.

    (f) DEFINITIONS- For purposes of this section--

      (1) ‘place of birth’ means, for an individual--

        (A) born in a State, the 2-letter symbol used by the United States Postal Service to identify that State, or

        (B) not born in a State, such 2-letter symbol as the Secretary shall determine by regulations;

      (2) ‘State’ means one of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or Guam.

SEC. 402. ELECTRONIC VERIFICATION.

    (a) SOCIAL SECURITY DATABASE- By September 30, 1996, the Secretary of Health and Human Services shall make such modifications to the Social Security account number data base (NUMIDENT) as are practicable and as enable confirmation through the electronic verification system described in subsection (d) that a Social Security account number has been issued to an individual identified by last name, sex, year of birth, and place of birth and that such individual is not known to the Secretary of Health and Human Services to be an alien not authorized to work in the United States. At a minimum the data base shall be modified to enable confirmation that a Social Security account number is not assigned to an individual authorized to work in the United States because the number--

      (1) has not been issued,

      (2) was issued to an individual known by the Secretary of Health and Human Services as not authorized to work,

      (3) was issued to a person that is deceased and has not been reissued, or

      (4) was issued to an alien that any data base of the Immigration and Naturalization Service shows is not authorized to work in the United States.

    The Attorney General shall provide such assistance as the Secretary of Health and Human Services may require to merge or otherwise make use of any data base of the Immigration and Naturalization Service for the purposes of this section.

    (b) EXCHANGE OF INFORMATION- The Attorney General shall notify the Secretary of Health and Human Services of the expiration of an alien’s authorization to work in the United States not later than 14 calendar days after the date of expiration. The Secretary of Health and Human Services shall furnish the Attorney General with a list of any aliens for whom confirmation of work eligibility has been requested not later than 5 calendar days after such request. Such list shall include the telephone number from which the request was made and the employer identification number of the requester.

    (c) ADULT APPLICANTS- The Secretary of Health and Human Services shall furnish to the Attorney General a copy of any application (including supporting documentation) for a Social Security account number by an alien or by an individual over 16 years of age who claims to be a United States citizen or national and shall not issue a number before the earlier of the following dates--

      (1) the date on which the Attorney General confirms in writing that his records do not show that the applicant is an alien not authorized to work in the United States, or

      (2) 60 days after a copy of the application and supporting documentation has been delivered to the Attorney General.

    (d) ELECTRONIC VERIFICATION SYSTEM- Before January 1, 1997, the Secretary of Health and Human Services shall test and place in operation a system whereby an employer can report by touch-tone telephone or point-of-service device his employer identification number and the Social Security account number, last name, sex, year of birth, and place of birth of any individual who is to be employed and can receive immediate confirmation that the number was issued to the individual having that identity and that such person is not identified within the Social Security account number data base as an individual who is not a United States citizen, a United States national, or an alien authorized to work in the United States. The charge for each call will be sufficient to cover the costs of operating the system, except that it shall not exceed $2.00 plus any line charges payable to the telephone carrier. The system shall provide for access to a live operator if an entry is not accepted or confirmed, shall provide a verification code to the caller, shall create and maintain a record of each inquiry (including the telephone number of the requester) and its verification code for not less than 2 years, and shall accommodate devices that read the encoding incorporated by a card issued under section 401(b) or 401(c).

    (e) ABUSE OF SYSTEM- The use of the telephone verification system established by subsection (d) by a person other than--

      (1) an employer acting pursuant to section 274A(b)(1) of the Immigration and Nationality Act, or

      (2) an officer or employee of an agency of the United States or of any State acting in the performance of official duties, shall be punishable by a fine of not more than $1,000 per occurrence.

SEC. 403. UNIFORM VITAL STATISTICS.

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

SEC. 404. EMPLOYMENT AUTHORIZATION.

    Section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is amended--

      (1) in subsection (h)(3), by striking ‘or by the Attorney General’; and

      (2) by adding the following sentence at the end of subsection (h)(3): ‘The Attorney General shall not authorize any alien who has not lawfully immigrated to the United States to be employed in the United States or to carry on any trade or business within the United States unless (A) the alien has a lawfully obtained visa for a nonimmigrant status that explicitly contemplates such performance of services or such carrying on of a trade or business within the United States, or (B) such authorization is explicitly permitted by this Act.’.

TITLE V--STATE AND LOCAL RESPONSIBILITIES

SEC. 501. LOCAL COOPERATION.

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

SEC. 502. NOTIFICATION OF ALIEN ARREST.

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

SEC. 503. IMMIGRATION-RELATED COMMUNICATIONS.

    (a) FREEDOM OF COMMUNICATION- Notwithstanding any other provision of law, no State or local government or agency or employee thereof shall be prohibited or prevented in any way from communicating with the Immigration and Naturalization Service regarding the immigration status of an alien.

    (b) CONFIDENTIALITY OF COMMUNICATIONS-

      (1) Any officer or employee of the United States, who by virtue of his employment or official position receives or learns of a communication described in subsection (a), is prohibited from disclosing to any person who is not an employee or officer of the United States information about an individual that was included in such communication other than pursuant to the administration and enforcement of the (A) Immigration and Nationality Act and other laws of the United States regulating the admission, presence, and departure of aliens, and (B) any criminal law of the United States or of the several States.

      (2) Any officer or employee of the United States who knowingly makes a disclosure prohibited by this subsection shall be guilty of a misdemeanor and fined not more than $1,000 per disclosure.

SEC. 504. LAW ENFORCEMENT ASSISTANCE.

    (a) Section 3041 of title 18, United States Code, is amended by adding after the first comma in the first sentence ‘including entry into, or presence within, the United States in violation of any United States law regulating immigration,’.

    (b) Section 103 of the Immigration and Nationality Act (8 U.S.C. 1103) is amended by adding at the end the following new subsection:

    ‘(e)(1) The Attorney General may deputize any law enforcement officer of any State or of any political subdivision of any State to seek, apprehend, detain, and commit to the custody of an officer of the Department of Justice aliens who have violated or are reasonably suspected to have violated the provisions of this Act and to conduct investigations with respect to any such violations or suspected violations, if--

      ‘(A) actions pursuant to such deputization are subject to the direction and supervision of an officer of the Department of Justice;

      ‘(B) the duration of any such deputization is not more than 2 years, subject to extensions or renewals at the discretion of the Attorney General which shall not exceed 2 years;

      ‘(C) any deputization, its duration, an identification of the supervising officer of the Department of Justice, and the specific powers, privileges, and duties to be performed or exercised are set forth in writing; and

      ‘(D) the Governor of the State, or the chief elected or appointed official of a political subdivision (as may be appropriate) consents to the deputization.

    ‘(2) No deputization under this subsection shall entitle any State, political subdivision, or individual to any compensation or reimbursement from the United States, except where the amount thereof and the entitlement thereto are set forth in the written deputization or where otherwise explicitly provided by law.’.

TITLE VI--RESTRICTING WELFARE AND PUBLIC BENEFITS FOR ALIENS

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

    The Congress makes the following statements concerning national policy with respect to welfare and immigration:

      (1) Self-sufficiency has been a basic principle of United States immigration law since this country’s earliest immigration statutes.

      (2) It continues to be the immigration policy of the United States that--

        (A) aliens within the nation’s borders not depend on public resources to meet their needs, but rather rely on their own capabilities and the resources of their families, their sponsors, and private organizations, and

        (B) the availability of public benefits not constitute an incentive for immigration to the United States.

      (3) Despite the principle of self-sufficiency, aliens have been applying for and receiving public benefits from Federal, State, and local governments at increasing rates.

      (4) Current eligibility rules for public assistance and unenforceable financial support agreements have proved wholly incapable of assuring that individual aliens not burden the public benefits system.

      (5) It is a compelling government interest to enact new rules for eligibility and sponsorship agreements in order to assure that aliens be self-reliant in accordance with national immigration policy.

      (6) It is a compelling government interest to remove the incentive for illegal immigration provided by the availability of public benefits.

Subtitle A--Eligibility for Federal Benefits Programs

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

    (a) IN GENERAL- Notwithstanding any other provision of law and except as provided in subsections (b) and (c), any alien who is not lawfully present in the United States shall not be eligible for any Federal means-tested public benefits program (as defined in section 631(d)(2)).

    (b) EXCEPTION FOR EMERGENCY ASSISTANCE- Subsection (a) shall not apply to the provision of non-cash, in-kind emergency assistance (including emergency medical services).

    (c) TREATMENT OF HOUSING-RELATED ASSISTANCE- Subsection (a) shall not apply to any program for housing or community development assistance administered by the Secretary of Housing and Urban Development, any program under title V of the Housing Act of 1949, or any assistance under section 306C of the Consolidated Farm and Rural Development Act, except that in the case of financial assistance (as defined in section 214(b) of the Housing and Community Development Act of 1980), the provisions of section 214 of such Act shall apply instead of subsection (a).

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

    (a) IN GENERAL- Notwithstanding any other provision of law and except as provided in subsections (b) and (c), any alien who is lawfully present in the United States as a nonimmigrant shall not be eligible for any Federal means-tested public benefits program.

    (b) EXCEPTIONS-

      (1) EMERGENCY ASSISTANCE- Subsection (a) shall not apply to the provision of non-cash, in-kind emergency assistance (including emergency medical services).

      (2) ALIENS GRANTED ASYLUM- Subsection (a) shall not apply to an alien who is granted asylum under section 208 of the Immigration and Nationality Act or whose deportation has been withheld under section 243(h) of such Act.

      (3) TREATMENT OF TEMPORARY AGRICULTURAL WORKERS- Subsection (a) shall not apply to a nonimmigrant admitted as a temporary agricultural worker under section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act or as the spouse or minor child of such a worker under section 101(a)(15)(H)(iii) of such Act.

    (c) TREATMENT OF HOUSING-RELATED ASSISTANCE- Subsection (a) shall not apply to any program for housing or community development assistance administered by the Secretary of Housing and Urban Development, any program under title V of the Housing Act of 1949, or any assistance under section 306C of the Consolidated Farm and Rural Development Act, except that in the case of financial assistance (as defined in section 214(b) of the Housing and Community Development Act of 1980), the provisions of section 214 of such Act shall apply instead of subsection (a).

    (d) TREATMENT OF ALIENS PAROLED INTO THE UNITED STATES- An alien who is paroled into the United States under section 212(d)(5) of the Immigration and Nationality Act for a period of less than 1 year shall be considered, for purposes of this subtitle, to be lawfully present in the United States as a nonimmigrant.

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

    (a) IN GENERAL- Notwithstanding any other provision of law and except as provided in subsection (b), any alien who is lawfully present in the United States shall not be eligible for any of the following Federal means-tested public benefits programs:

      (1) SSI- The supplemental security income program under title XVI of the Social Security Act.

      (2) TEMPORARY ASSISTANCE FOR NEEDY FAMILIES- The program of block grants to States for temporary assistance for needy families under part A of title IV of the Social Security Act.

      (3) SOCIAL SERVICES BLOCK GRANT- The program of block grants to States for social services under title XX of the Social Security Act.

      (4) MEDICAID- The program of medical assistance under title XIX of the Social Security Act.

      (5) FOOD STAMPS- The program under the Food Stamp Act of 1977.

    (b) EXCEPTIONS-

      (1) TIME-LIMITED EXCEPTION FOR REFUGEES- Subsection (a) shall not apply to an alien admitted to the United States as a refugee under section 207 of the Immigration and Nationality Act until 5 years after the date of such alien’s arrival into the United States.

      (2) CERTAIN LONG-TERM, PERMANENT RESIDENT, AGED ALIENS- Subsection (a) shall not apply to an alien who--

        (A) has been lawfully admitted to the United States for permanent residence;

        (B) is over 75 years of age; and

        (C) has resided in the United States for at least 5 years.

      (3) VETERAN AND ACTIVE DUTY EXCEPTION- Subsection (a) shall not apply to an alien who is lawfully residing in any State (or any territory or possession of the United States) and is--

        (A) a veteran (as defined in section 101 of title 38, United States Code) with a discharge characterized as an honorable discharge,

        (B) on active duty (other than active duty for training) in the Armed Forces of the United States, or

        (C) the spouse or unmarried dependent child of an individual described in subparagraph (A) or (B).

      Subparagraph (A) shall not apply in the case of a veteran who has been separated from military service on account of alienage.

      (4) EMERGENCY ASSISTANCE- Subsection (a) shall not apply to the provision of non-cash, in-kind emergency assistance (including emergency medical services).

      (5) TRANSITION FOR CURRENT BENEFICIARIES- Subsection (a) shall not apply to the eligibility of an alien for a program until 1 year after the date of the enactment of this Act if, on such date of enactment, the alien is lawfully residing in any State or any territory or possession of the United States and is eligible for the program.

      (6) CERTAIN PERMANENT RESIDENT AND DISABLED ALIENS- Subsection (a) shall not apply to an alien who--

        (A) has been lawfully admitted to the United States for permanent residence; and

        (B) is unable because of physical or developmental disability or mental impairment (including Alzheimer’s disease) to comply with the naturalization requirements of section 312(a) of the Immigration and Naturalization Act.

SEC. 604. NOTIFICATION.

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

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

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

    (a) IN GENERAL- Notwithstanding any other provision of law and except as otherwise provided in this section, no alien who is not lawfully present in the United States (as determined in accordance with regulations of the Attorney General) shall be eligible for any State means-tested public benefits program (as defined in section 631(d)(3)).

    (b) EXCEPTION FOR EMERGENCY ASSISTANCE- Subsection (a) shall not apply to the provision of non-cash, in-kind emergency assistance (including emergency medical services).

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

    (a) IN GENERAL- Notwithstanding any other provision of law and except as otherwise provided in this section, no alien who is lawfully present in the United States as a nonimmigrant shall be eligible for any State means-tested public benefits program (as defined in section 631(d)(3)).

    (b) EXCEPTIONS-

      (1) EMERGENCY ASSISTANCE- The limitations under subsection (a) shall not apply to the provision of non-cash, in-kind emergency assistance (including emergency medical services).

      (2) ALIENS GRANTED ASYLUM- Subsection (a) shall not apply to an alien who is granted asylum under section 208 of the Immigration and Nationality Act or whose deportation has been withheld under section 243(h) of such Act.

      (3) TREATMENT OF TEMPORARY AGRICULTURAL WORKERS- Subsection (a) shall not apply to a nonimmigrant admitted as a temporary agricultural worker under section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act or as the spouse or minor child of such a worker under section 101(a)(15)(H)(iii) of such Act.

    (c) TREATMENT OF ALIENS PAROLED INTO THE UNITED STATES- An alien who is paroled into the United States under section 212(d)(5) of the Immigration and Nationality Act for a period of less than 1 year shall be considered, for purposes of this subtitle, to be lawfully present in the United States as a nonimmigrant.

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

    (a) IN GENERAL- Notwithstanding any other provision of law and except as otherwise provided in this section or section 612, a State is authorized to determine eligibility requirements for aliens who are lawfully present in the United States for any State means-tested public benefits program.

    (b) EXCEPTIONS-

      (1) TIME-LIMITED EXCEPTION FOR REFUGEES- The authority under subsection (a) shall not apply to an alien admitted to the United States as a refugee under section 207 of the Immigration and Nationality Act until 5 years after the date of such alien’s arrival into the United States.

      (2) CERTAIN LONG-TERM, PERMANENT RESIDENT, AGED ALIENS- The authority under subsection (a) shall not apply to an alien who--

        (A) has been lawfully admitted to the United States for permanent residence;

        (B) is over 75 years of age; and

        (C) has resided in the United States for at least 5 years.

      (3) VETERAN AND ACTIVE DUTY EXCEPTION- The authority under subsection (a) shall not apply to an alien who is lawfully residing in any State (or any territory or possession of the United States) and is--

        (A) a veteran (as defined in section 101 of title 38, United States Code) with a discharge characterized as an honorable discharge,

        (B) on active duty (other than active duty for training) in the Armed Forces of the United States, or

        (C) the spouse or unmarried dependent child of an individual described in subparagraph (A) or (B).

      Subparagraph (A) shall not apply in the case of a veteran who has been separated from military service on account of alienage.

      (4) EMERGENCY ASSISTANCE- The authority under subsection (a) shall not apply to the provision of non-cash, in-kind emergency assistance (including emergency medical services).

      (5) TRANSITION- The authority under subsection (a) shall not apply to eligibility of an alien for a State means-tested public benefits program until 1 year after the date of the enactment of this Act if, on such date of enactment, the alien is lawfully present in the United States and is eligible for benefits under the program. Nothing in the previous sentence is intended to address alien eligibility for such a program before the date of the enactment of this Act.

Subtitle C--Attribution of Income and Affidavits of Support

SEC. 421. ATTRIBUTION OF SPONSOR’S INCOME AND RESOURCES TO FAMILY-SPONSORED IMMIGRANTS.

    (a) IN GENERAL- Notwithstanding any other provision of law and except as provided in subsection (c), in determining the eligibility and the amount of benefits of an alien for any means-tested public benefits program (as defined in section 631(d)) the income and resources of the alien shall be deemed to include--

      (1) the income and resources of any person who executed an affidavit of support pursuant to section 213A of the Immigration and Nationality Act (as added by section 622) in behalf of such alien, and

      (2) the income and resources of the spouse (if any) of the person.

    (b) APPLICATION- Subsection (a) shall apply with respect to an alien until such time as the alien achieves United States citizenship through naturalization pursuant to chapter 2 of title III of the Immigration and Nationality Act.

    (c) EXCEPTION FOR HOUSING-RELATED ASSISTANCE- Subsection (a) shall not apply to any program for housing or community development assistance administered by the Secretary of Housing and Urban Development, any program under title V of the Housing Act of 1949, or any assistance under section 306C of the Consolidated Farm and Rural Development Act.

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

    (a) IN GENERAL- Title II of the Immigration and Nationality Act is amended by inserting after section 213 the following new section:

‘REQUIREMENTS FOR SPONSOR’S AFFIDAVIT OF SUPPORT

    ‘SEC. 213A. (a) ENFORCEABILITY- No affidavit of support may be accepted by the Attorney General or by any consular officer to establish that an alien is not excludable as a public charge under section 212(a)(4) unless such affidavit is executed as a contract--

      ‘(1) which is legally enforceable against the sponsor by the Federal Government and by any State (or any political subdivision of such State) which provides any means-tested public benefits program, but not later than 10 years after the alien last receives any such benefit; and

      ‘(2) in which the sponsor agrees to submit to the jurisdiction of any Federal or State court for the purpose of actions brought under subsection (e)(2).

    Such contract shall be enforceable with respect to benefits provided to the alien until such time as the alien achieves United States citizenship through naturalization pursuant to chapter 2 of title III.

    ‘(b) FORMS- Not later than 90 days after the date of enactment of this section, the Attorney General, in consultation with the Secretary of State and the Secretary of Health and Human Services, shall formulate an affidavit of support consistent with the provisions of this section.

    ‘(c) STATUTORY CONSTRUCTION- Nothing in this section shall be construed to grant third party beneficiary rights to any sponsored alien under an affidavit of support.

    ‘(d) NOTIFICATION OF CHANGE OF ADDRESS- (1) The sponsor shall notify the Federal Government and the State in which the sponsored alien is currently resident within 30 days of any change of address of the sponsor during the period specified in subsection (a)(1).

    ‘(2) Any person subject to the requirement of paragraph (1) who fails to satisfy such requirement shall be subject to a civil penalty of--

      ‘(A) not less than $250 or more than $2,000, or

      ‘(B) if such failure occurs with knowledge that the sponsored alien has received any benefit under any means-tested public benefits program, not less than $2,000 or more than $5,000.

    ‘(e) REIMBURSEMENT OF GOVERNMENT EXPENSES- (1)(A) Upon notification that a sponsored alien has received any benefit under any means-tested public benefits program, the appropriate Federal, State, or local official shall request reimbursement by the sponsor in the amount of such assistance.

    ‘(B) The Attorney General, in consultation with the Secretary of Health and Human Services, shall prescribe such regulations as may be necessary to carry out subparagraph (A).

    ‘(2) If within 45 days after requesting reimbursement, the appropriate Federal, State, or local agency has not received a response from the sponsor indicating a willingness to commence payments, an action may be brought against the sponsor pursuant to the affidavit of support.

    ‘(3) If the sponsor fails to abide by the repayment terms established by such agency, the agency may, within 60 days of such failure, bring an action against the sponsor pursuant to the affidavit of support.

    ‘(4) No cause of action may be brought under this subsection later than 10 years after the alien last received any benefit under any means-tested public benefits program.

    ‘(f) DEFINITIONS- For the purposes of this section--

      ‘(1) SPONSOR- The term ‘sponsor’ means an individual who--

        ‘(A) is a citizen or national of the United States or an alien who is lawfully admitted to the United States for permanent residence;

        ‘(B) is 18 years of age or over; and

        ‘(C) is domiciled in any State.

      ‘(2) MEANS-TESTED PUBLIC BENEFITS PROGRAM- The term ‘means-tested public benefits program’ means a program of public benefits (including cash, medical, housing, and food assistance and social services) of the Federal Government or of a State or political subdivision of a State in which the eligibility of an individual, household, or family eligibility unit for benefits under the program, or the amount of such benefits, or both are determined on the basis of income, resources, or financial need of the individual, household, or unit.’.

    (b) CLERICAL AMENDMENT- The table of contents of such Act is amended by inserting after the item relating to section 213 the following:

      ‘Sec. 213A. Requirements for sponsor’s affidavit of support.’.

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

Subtitle D--General Provisions

SEC. 631. DEFINITIONS.

    (a) IN GENERAL- Except as otherwise provided in this section, the terms used in this title have the same meaning given such terms in section 101(a) of the Immigration and Nationality Act.

    (b) LAWFUL PRESENCE- For purposes of this title, the determination of whether an alien is lawfully present in the United States shall be made in accordance with regulations of the Attorney General. An alien shall not be considered to be lawfully present in the United States for purposes of this title merely because the alien may be considered to be permanently residing in the United States under color of law for purposes of any particular program.

    (c) STATE- As used in this title, the term ‘State’ includes the District of Columbia, Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa.

    (d) PUBLIC BENEFITS PROGRAMS- As used in this title--

      (1) MEANS-TESTED PROGRAM- The term ‘means-tested public benefits program’ means a program of public benefits (including cash, medical, housing, and food assistance and social services) of the Federal Government or of a State or political subdivision of a State in which the eligibility of an individual, household, or family eligibility unit for benefits under the program, or the amount of such benefits, or both are determined on the basis of income, resources, or financial need of the individual, household, or unit.

      (2) FEDERAL MEANS-TESTED PUBLIC BENEFITS PROGRAM- The term ‘Federal means-tested public benefits program’ means a means-tested public benefits program of (or contributed to by) the Federal Government and under which the Federal Government has specified standards for eligibility and includes the programs specified in section 603(a).

      (3) STATE MEANS-TESTED PUBLIC BENEFITS PROGRAM- The term ‘State means-tested public benefits program’ means a means-tested public benefits program of a State or political subdivision of a State under which the State or political subdivision specifies the standards for eligibility, and does not include any Federal means-tested public benefits program.

SEC. 632. CONSTRUCTION.

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

Subtitle E--Conforming Amendments

SEC. 641. CONFORMING AMENDMENTS RELATING TO ASSISTED HOUSING.

    (a) LIMITATIONS ON ASSISTANCE- Section 214 of the Housing and Community Development Act of 1980 (42 U.S.C. 1436a) is amended--

      (1) by striking ‘Secretary of Housing and Urban Development’ each place it appears and inserting ‘applicable Secretary’;

      (2) in subsection (b), by inserting after ‘National Housing Act,’ the following: ‘the direct loan program under section 502 of the Housing Act of 1949 or section 502(c)(5)(D), 504, 521(a)(2)(A), or 542 of such Act, subtitle A of title III of the Cranston-Gonzalez National Affordable Housing Act,’;

      (3) in paragraphs (2) through (6) of subsection (d), by striking ‘Secretary’ each place it appears and inserting ‘applicable Secretary’;

      (4) in subsection (d), in the matter following paragraph (6), by striking ‘the term ‘Secretary’ and inserting ‘the term ‘applicable Secretary’; and

      (5) by adding at the end the following new subsection:

    ‘(h) For purposes of this section, the term ‘applicable Secretary’ means--

      ‘(1) the Secretary of Housing and Urban Development, with respect to financial assistance administered by such Secretary and financial assistance under subtitle A of title III of the Cranston-Gonzalez National Affordable Housing Act; and

      ‘(2) the Secretary of Agriculture, with respect to financial assistance administered by such Secretary.’.

    (b) CONFORMING AMENDMENTS- Section 501(h) of the Housing Act of 1949 (42 U.S.C. 1471(h)) is amended--

      (1) by striking ‘(1)’;

      (2) by striking ‘by the Secretary of Housing and Urban Development’; and

      (3) by striking paragraph (2).

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

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

    Section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) is amended by striking paragraph (4) and inserting the following:

      ‘(4) PUBLIC CHARGE- Any alien who cannot demonstrate to the consular officer at the time of application for a visa, or to the Attorney General at the time of application for admission or adjustment of status, that, taking into account the alien’s age and medical condition, the alien has assets, education, skills, or a combination thereof that make it very unlikely that the alien will become eligible for means-tested public assistance of any kind (including, but not limited to, medical care or food and housing assistance) or will otherwise become a public charge is excludable.’.

TITLE VII--STRENGTHENING CITIZENSHIP

SEC. 701. CONSTITUTIONAL CITIZENSHIP.

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

SEC. 702. CONSTITUTIONAL VOTING PRIVILEGE.

    In the exercise of its powers under section 5 of the Fourteenth Article of Amendment to the Constitution of the United States to enforce the prohibition of section 1 of such Article against the making or enforcing of any law that shall abridge the privileges or immunities of citizens of the United States, the Congress determines that the right of citizens to vote is a privilege of citizens of the United States and that voting in elections of the United States or of any State by persons who are not citizens of the United States is an abridgement of that privilege. It shall be unlawful, and a misdemeanor punishable by a fine of not more than $1,000 and/or imprisonment of not more than 30 days for each unlawful vote, for any person who is not a citizen of the United States to vote in any election to which the provisions of the Fifteenth, Nineteenth, Twenty-Fourth, or Twenty-Sixth Article of Amendment to the Constitution applies or in any other election, referendum, ballot, or other procedure of the

United States or of any State in which votes are taken. Any vote that is cast in violation of this section shall be null, void, and of no effect and shall not be counted.

SEC. 703. NATURALIZATION.

    (a) REQUIREMENTS FOR NON-ELDERLY ALIENS- Section 312 of the Immigration and Nationality Act (8 U.S.C. 1423) is amended by--

      (1) striking all that follows ‘this Act,’ in paragraph (1) and inserting ‘is over 65 years of age and has been living in the United States for periods totaling at least 20 years subsequent to a lawful admission for permanent residence.’;

      (2) striking ‘and’ after ‘applicant;’ in paragraph (1);

      (3) striking ‘the period’ after ‘United States’ in subsection (2) and inserting ‘; and’; and

      (4) adding the following sentence after paragraph (2): ‘The demonstration required by this section shall be made in the physical presence of an employee of the Immigration and Naturalization Service.’.

    (b) GOOD MORAL CHARACTER REQUIREMENT- Section 316 of the Immigration and Nationality Act (8 U.S.C. 1427) is amended by adding the following sentence at the end of subsection (a): ‘Action by the alien to commit a fraud upon the Immigration and Naturalization Service in connection with his own admission or to aid or abet the commission of such a fraud by any other alien shall be considered conclusive evidence that the alien lacks good moral character.’.

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

    (a) ACTIONS BY STATES AND THEIR POLITICAL SUBDIVISIONS- The Immigration and Nationality Act is amended by adding the following new section after section 293 (8 U.S.C. 1363):

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

    ‘(a) ACTIONS AGAINST THE UNITED STATES- The Governor or Attorney General of any State may commence a civil suit on behalf of the State and any of its political subdivisions against the head of any agency of the Federal Government upon an allegation that the number of aliens entering or residing in the State in violation of this Act has increased, is increasing, or is likely to increase by reason of (1) a failure of such agency to perform within a reasonable time any nondiscretionary act or duty under an immigration-related law, (2) a policy of such agency to authorize, encourage, or enable one or more classes of excludable or deportable aliens to remain within the United States or be employed within the United States, or (3) a policy of such agency of releasing from the custody of the United States excludable or deportable aliens without effective provision for their prompt departure or return to custody. Any such action shall be brought in a United States district court for a district that is wholly or partly within the State bringing the suit or in the United States District Court for the District of Columbia. The district court shall have jurisdiction to order the head of any agency of the United States to perform any act or duty required by an immigration-related law. If the court finds that the actions or policies of the department or agency were in willful and prolonged disregard of any immigration-related law, the court may order the United States to reimburse the State or any of its political subdivisions for the direct costs to the State or the political subdivision attributable to such actions.

    ‘(b) LITIGATION COSTS- If an action under this section is against a party other than a department or agency of the United States, the court may award the costs of litigation (including reasonable attorney and expert witness fees) to the prevailing party, whenever the court determines such an award is appropriate.

    ‘(c) DEFINITION- For purposes of this section, the term ‘immigration-related law’ means this Act and any Federal law that limits or prohibits the provision of financial assistance to ineligible aliens or the expenditure of funds for the benefit of ineligible aliens.’.

TITLE VIII--IMMIGRATION AND NATURALIZATION SERVICE

SEC. 801. ESTABLISHMENT OF INDEPENDENT AGENCY.

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

SEC. 802. CONFORMING AMENDMENTS.

    (a) The Immigration and Nationality Act is amended--

      (1) by striking ‘of the Department of Justice’ in section 101(a)(34);

      (2) by striking ‘which are conferred upon the Attorney General as may be delegated to him by the Attorney General or which may be prescribed by the Attorney General’ in section 103(b); and

      (3) by striking ‘Attorney General’ from all sections of the Act except section 101(a)(5) and inserting ‘Commissioner’.

    (b) Sections 1551 and 1552 of title 8, United States Code, are repealed.