WELFARE REFORM LAW -H.R. 3734 TITLE IV - RESTRICTING WELFARE AND PUBLIC BENEFITS FOR ALIENS TITLE IV--RESTRICTING WELFARE AND PUBLIC BENEFITS FOR ALIENS SEC. 400. 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. (7) With respect to the State authority to make determinations concerning the eligibility of qualified aliens for public benefits in this title, a State that chooses to follow the Federal classification in determining the eligibility of such aliens for public assistance shall be considered to have chosen the least restrictive means available for achieving the compelling governmental interest of assuring that aliens be self-reliant in accordance with national immigration policy. SUBTITLE A--ELIGIBILITY FOR FEDERAL BENEFITS SEC. 401. ALIENS WHO ARE NOT QUALIFIED ALIENS INELIGIBLE FOR FEDERAL PUBLIC BENEFITS. (a) IN GENERAL- Notwithstanding any other provision of law and except as provided in subsection (b), an alien who is not a qualified alien (as defined in section 431) is not eligible for any Federal public benefit (as defined in subsection (c)). (b) EXCEPTIONS- (1) Subsection (a) shall not apply with respect to the fol-lowing Federal public benefits: (A) Medical assistance under title XIX of the Social Security Act (or any successor program to such title) for care and services that are necessary for the treatment of an emergency medical condition (as defined in section 1903(v)(3) of such Act) of the alien involved and are not related to an organ transplant procedure, if the alien involved otherwise meets the eligibility requirements for medical assistance under the State plan approved under such title (other than the requirement of the receipt of aid or assistance under title IV of such Act, supplemental security income benefits under title XVI of such Act, or a State supplementary payment). (B) Short-term, non-cash, in-kind emergency disaster relief. (C) Public health assistance (not including any assistance under title XIX of the Social Security Act) for immunizations with respect to immunizable diseases and for testing and treatment of symptoms of communicable diseases whether or not such symptoms are caused by a communicable disease. (D) Programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter) specified by the Attorney General, in the Attorney General's sole and unreviewable discretion after consultation with appropriate Federal agencies and departments, which (i) deliver in-kind services at the community level, including through public or private nonprofit agencies; (ii) do not condition the provision of assistance, the amount of assistance provided, or the cost of assistance provided on the individual recipient's income or resources; and (iii) are necessary for the protection of life or safety. (E) Programs for housing or community development assistance or financial 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, to the extent that the alien is receiving such a benefit on the date of the enactment of this Act. (2) Subsection (a) shall not apply to any benefit payable under title II of the Social Security Act to an alien who is lawfully present in the United States as determined by the Attorney General, to any benefit if nonpayment of such benefit would contravene an international agreement described in section 233 of the Social Security Act, to any benefit if nonpayment would be contrary to section 202(t) of the Social Security Act, or to any benefit payable under title II of the Social Security Act to which entitlement is based on an application filed in or before the month in which this Act becomes law. (c) FEDERAL PUBLIC BENEFIT DEFINED- (1) Except as provided in paragraph (2), for purposes of this title the term `Federal public benefit' means-- (A) any grant, contract, loan, professional license, or commercial license provided by an agency of the United States or by appropriated funds of the United States; and (B) any retirement, welfare, health, disability, public or assisted housing, postsecondary education, food assistance, unemployment benefit, or any other similar benefit for which payments or assistance are provided to an individual, household, or family eligibility unit by an agency of the United States or by appropriated funds of the United States. (2) Such term shall not apply-- (A) to any contract, professional license, or commercial license for a nonimmigrant whose visa for entry is related to such employment in the United States; or (B) with respect to benefits for an alien who as a work authorized nonimmigrant or as an alien lawfully admitted for permanent residence under the Immigration and Nationality Act qualified for such benefits and for whom the United States under reciprocal treaty agreements is required to pay benefits, as determined by the Attorney General, after consultation with the Secretary of State. SEC. 402. LIMITED ELIGIBILITY OF QUALIFIED ALIENS FOR CERTAIN FEDERAL PROGRAMS. (a) LIMITED ELIGIBILITY FOR SPECIFIED FEDERAL PROGRAMS- (1) IN GENERAL- Notwithstanding any other provision of law and except as provided in paragraph (2), an alien who is a qualified alien (as defined in section 431) is not eligible for any specified Federal program (as defined in para-graph (3)). (2) EXCEPTIONS- (A) TIME-LIMITED EXCEPTION FOR REFUGEES AND ASYLEES- Paragraph (1) shall not apply to an alien until 5 years after the date-- (i) an alien is admitted to the United States as a refugee under section 207 of the Immigration and Nationality Act; (ii) an alien is granted asylum under section 208 of such Act; or (iii) an alien's deportation is withheld under section 243(h) of such Act. (B) CERTAIN PERMANENT RESIDENT ALIENS- Paragraph (1) shall not apply to an alien who-- (i) is lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act; and (ii)(I) has worked 40 qualifying quarters of coverage as defined under title II of the Social Security Act or can be credited with such qualifying quarters as provided under section 435, and (II) in the case of any such qualifying quarter creditable for any period beginning after December 31, 1996, did not receive any Federal means-tested public benefit (as provided under section 403) during any such period. (C) VETERAN AND ACTIVE DUTY EXCEPTION- Paragraph (1) shall not apply to an alien who is lawfully residing in any State and is-- (i) a veteran (as defined in section 101 of title 38, United States Code) with a discharge characterized as an honorable discharge and not on account of alienage, (ii) on active duty (other than active duty for training) in the Armed Forces of the United States, or (iii) the spouse or unmarried dependent child of an individual described in clause (i) or (ii). (D) TRANSITION FOR ALIENS CURRENTLY RECEIVING BENEFITS- (i) SSI- (I) IN GENERAL- With respect to the specified Federal program described in paragraph (3)(A), during the period beginning on the date of the enactment of this Act and ending on the date which is 1 year after such date of enactment, the Commissioner of Social Security shall redetermine the eligibility of any individual who is receiving benefits under such program as of the date of the enactment of this Act and whose eligibility for such benefits may terminate by reason of the provisions of this subsection. (II) REDETERMINATION CRITERIA- With respect to any redetermination under subclause (I), the Commissioner of Social Security shall apply the eligibility criteria for new applicants for benefits under such program. (III) GRANDFATHER PROVISION- The provisions of this subsection and the redetermination under subclause (I), shall only apply with respect to the benefits of an individual described in subclause (I) for months beginning on or after the date of the redetermination with respect to such individual. (IV) NOTICE- Not later than March 31, 1997, the Commissioner of Social Security shall notify an individual described in subclause (I) of the provisions of this clause. (ii) FOOD STAMPS- (I) IN GENERAL- With respect to the specified Federal program described in paragraph (3)(B), during the period beginning on the date of enactment of this Act and ending on the date which is 1 year after the date of enactment, the State agency shall, at the time of the recertification, recertify the eligibility of any individual who is receiving benefits under such program as of the date of enactment of this Act and whose eligibility for such benefits may terminate by reason of the provisions of this subsection. (II) RECERTIFICATION CRITERIA- With respect to any recertification under subclause (I), the State agency shall apply the eligibility criteria for applicants for benefits under such program. (III) GRANDFATHER PROVISION- The provisions of this subsection and the recertification under subclause (I) shall only apply with respect to the eligibility of an alien for a program for months beginning on or after the date of recertification, if on the date of enactment of this Act the alien is lawfully residing in any State and is receiving benefits under such program on such date of enactment. (3) SPECIFIED FEDERAL PROGRAM DEFINED- For purposes of this title, the term `specified Federal program' means any of the following: (A) SSI- The supplemental security income program under title XVI of the Social Security Act, including supplementary payments pursuant to an agreement for Federal administration under section 1616(a) of the Social Security Act and payments pursuant to an agreement entered into under section 212(b) of Public Law 93-66. (B) FOOD STAMPS- The food stamp program as defined in section 3(h) of the Food Stamp Act of 1977. (b) LIMITED ELIGIBILITY FOR DESIGNATED FEDERAL PROGRAMS- (1) IN GENERAL- Notwithstanding any other provision of law and except as provided in section 403 and paragraph (2), a State is authorized to determine the eligibility of an alien who is a qualified alien (as defined in section 431) for any designated Federal program (as defined in paragraph (3)). (2) EXCEPTIONS- Qualified aliens under this paragraph shall be eligible for any designated Federal program. (A) TIME-LIMITED EXCEPTION FOR REFUGEES AND ASYLEES- (i) An alien who is admitted to the United States as a refugee under section 207 of the Immigration and Nationality Act until 5 years after the date of an alien's entry into the United States. (ii) An alien who is granted asylum under section 208 of such Act until 5 years after the date of such grant of asylum. (iii) An alien whose deportation is being withheld under section 243(h) of such Act until 5 years after such withholding. (B) CERTAIN PERMANENT RESIDENT ALIENS- An alien who-- (i) is lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act; and (ii)(I) has worked 40 qualifying quarters of coverage as defined under title II of the Social Security Act or can be credited with such qualifying quarters as provided under section 435, and (II) in the case of any such qualifying quarter creditable for any period beginning after December 31, 1996, did not receive any Federal means-tested public benefit (as provided under section 403) during any such period. (C) VETERAN AND ACTIVE DUTY EXCEPTION- An alien who is lawfully residing in any State and is-- (i) a veteran (as defined in section 101 of title 38, United States Code) with a discharge characterized as an honorable discharge and not on account of alienage, (ii) on active duty (other than active duty for training) in the Armed Forces of the United States, or (iii) the spouse or unmarried dependent child of an individual described in clause (i) or (ii). (D) TRANSITION FOR THOSE CURRENTLY RECEIVING BENEFITS- An alien who on the date of the enactment of this Act is lawfully residing in any State and is receiving benefits under such program on the date of the enactment of this Act shall continue to be eligible to receive such benefits until January 1, 1997. (3) DESIGNATED FEDERAL PROGRAM DEFINED- For purposes of this title, the term `designated Federal program' means any of the following: (A) 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. (B) SOCIAL SERVICES BLOCK GRANT- The program of block grants to States for social services under title XX of the Social Security Act. (C) MEDICAID- A State plan approved under title XIX of the Social Security Act, other than medical assistance described in section 401(b)(1)(A). SEC. 403. FIVE-YEAR LIMITED ELIGIBILITY OF QUALIFIED ALIENS FOR FEDERAL MEANS-TESTED PUBLIC BENEFIT. (a) IN GENERAL- Notwithstanding any other provision of law and except as provided in subsections (b), (c), and (d), an alien who is a qualified alien (as defined in section 431) and who enters the United States on or after the date of the enactment of this Act is not eligible for any Federal means-tested public benefit for a period of 5 years beginning on the date of the alien's entry into the United States with a status within the meaning of the term `qualified alien'. (b) EXCEPTIONS- The limitation under subsection (a) shall not apply to the following aliens: (1) EXCEPTION FOR REFUGEES AND ASYLEES- (A) An alien who is admitted to the United States as a refugee under section 207 of the Immigration and Nationality Act. (B) An alien who is granted asylum under section 208 of such Act. (C) An alien whose deportation is being withheld under section 243(h) of such Act. (2) VETERAN AND ACTIVE DUTY EXCEPTION- An alien who is lawfully residing in any State and is-- (A) a veteran (as defined in section 101 of title 38, United States Code) with a discharge characterized as an honorable discharge and not on account of alienage, (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). (c) APPLICATION OF TERM FEDERAL MEANS-TESTED PUBLIC BENEFIT- (1) The limitation under subsection (a) shall not apply to assistance or benefits under paragraph (2). (2) Assistance and benefits under this paragraph are as follows: (A) Medical assistance described in section 401(b)(1)(A). (B) Short-term, non-cash, in-kind emergency disaster relief. (C) Assistance or benefits under the National School Lunch Act. (D) Assistance or benefits under the Child Nutrition Act of 1966. (E) Public health assistance (not including any assistance under title XIX of the Social Security Act) for immunizations with respect to immunizable diseases and for testing and treatment of symptoms of communicable diseases whether or not such symptoms are caused by a communicable disease. (F) Payments for foster care and adoption assistance under parts B and E of title IV of the Social Security Act for a parent or a child who would, in the absence of subsection (a), be eligible to have such payments made on the child's behalf under such part, but only if the foster or adoptive parent (or parents) of such child is a qualified alien (as defined in section 431). (G) Programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter) specified by the Attorney General, in the Attorney General's sole and unreviewable discretion after consultation with appropriate Federal agencies and departments, which (i) deliver in-kind services at the community level, including through public or private nonprofit agencies; (ii) do not condition the provision of assistance, the amount of assistance provided, or the cost of assistance provided on the individual recipient's income or resources; and (iii) are necessary for the protection of life or safety. (H) 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. (I) Means-tested programs under the Elementary and Secondary Education Act of 1965. (J) Benefits under the Head Start Act. (K) Benefits under the Job Training Partnership Act. (d) SPECIAL RULE FOR REFUGEE AND ENTRANT ASSISTANCE FOR CUBAN AND HAITIAN ENTRANTS- The limitation under subsection (a) shall not apply to refugee and entrant assistance activities, authorized by title IV of the Immigration and Nationality Act and section 501 of the Refugee Education Assistance Act of 1980, for Cuban and Haitian entrants as defined in section 501(e)(2) of the Refugee Education Assistance Act of 1980. SEC. 404. NOTIFICATION AND INFORMATION REPORTING. (a) NOTIFICATION- Each Federal agency that administers a program to which section 401, 402, or 403 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. (b) INFORMATION REPORTING UNDER TITLE IV OF THE SOCIAL SECURITY ACT- Part A of title IV of the Social Security Act is amended by inserting the following new section after section 411: `SEC. 411A. STATE REQUIRED TO PROVIDE CERTAIN INFORMATION. `Each State to which a grant is made under section 403 shall, at least 4 times annually and upon request of the Immigration and Naturalization Service, furnish the Immigration and Naturalization Service with the name and address of, and other identifying information on, any individual who the State knows is unlawfully in the United States.'. (c) SSI- Section 1631(e) of such Act (42 U.S.C. 1383(e)) is amended-- (1) by redesignating the paragraphs (6) and (7) inserted by sections 206(d)(2) and 206(f)(1) of the Social Security Independence and Programs Improvement Act of 1994 (Public Law 103-296; 108 Stat. 1514, 1515) as paragraphs (7) and (8), respectively; and (2) by adding at the end the following new paragraph: `(9) Notwithstanding any other provision of law, the Commissioner shall, at least 4 times annually and upon request of the Immigration and Naturalization Service (hereafter in this paragraph referred to as the `Service'), furnish the Service with the name and address of, and other identifying information on, any individual who the Commissioner knows is unlawfully in the United States, and shall ensure that each agreement entered into under section 1616(a) with a State provides that the State shall furnish such information at such times with respect to any individual who the State knows is unlawfully in the United States.'. (d) INFORMATION REPORTING FOR HOUSING PROGRAMS- Title I of the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.) is amended by adding at the end the following new section: `SEC. 27. PROVISION OF INFORMATION TO LAW ENFORCEMENT AND OTHER AGENCIES. `Notwithstanding any other provision of law, the Secretary shall, at least 4 times annually and upon request of the Immigration and Naturalization Service (hereafter in this section referred to as the `Service'), furnish the Service with the name and address of, and other identifying information on, any individual who the Secretary knows is unlawfully in the United States, and shall ensure that each contract for assistance entered into under section 6 or 8 of this Act with a public housing agency provides that the public housing agency shall furnish such information at such times with respect to any individual who the public housing agency knows is unlawfully in the United States.'. SUBTITLE B--ELIGIBILITY FOR STATE AND LOCAL PUBLIC BENEFITS PROGRAMS SEC. 411. ALIENS WHO ARE NOT QUALIFIED ALIENS OR NONIMMIGRANTS INELIGIBLE FOR STATE AND LOCAL PUBLIC BENEFITS. (a) IN GENERAL- Notwithstanding any other provision of law and except as provided in subsections (b) and (d), an alien who is not-- (1) a qualified alien (as defined in section 431), (2) a nonimmigrant under the Immigration and Nationality Act, or (3) an alien who is paroled into the United States under section 212(d)(5) of such Act for less than one year, is not eligible for any State or local public benefit (as defined in subsection (c)). (b) EXCEPTIONS- Subsection (a) shall not apply with respect to the following State or local public benefits: (1) Assistance for health care items and services that are necessary for the treatment of an emergency medical condition (as defined in section 1903(v)(3) of the Social Security Act) of the alien involved and are not related to an organ transplant procedure. (2) Short-term, non-cash, in-kind emergency disaster relief. (3) Public health assistance for immunizations with respect to immunizable diseases and for testing and treatment of symptoms of communicable diseases whether or not such symptoms are caused by a communicable disease. (4) Programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter) specified by the Attorney General, in the Attorney General's sole and unreviewable discretion after consultation with appropriate Federal agencies and departments, which (A) deliver in-kind services at the community level, including through public or private nonprofit agencies; (B) do not condition the provision of assistance, the amount of assistance provided, or the cost of assistance provided on the individual recipient's income or resources; and (C) are necessary for the protection of life or safety. (c) STATE OR LOCAL PUBLIC BENEFIT DEFINED- (1) Except as provided in paragraphs (2) and (3), for purposes of this subtitle the term `State or local public benefit' means-- (A) any grant, contract, loan, professional license, or commercial license provided by an agency of a State or local government or by appropriated funds of a State or local government; and (B) any retirement, welfare, health, disability, public or assisted housing, postsecondary education, food assistance, unemployment benefit, or any other similar benefit for which payments or assistance are provided to an individual, household, or family eligibility unit by an agency of a State or local government or by appropriated funds of a State or local government. (2) Such term shall not apply-- (A) to any contract, professional license, or commercial license for a nonimmigrant whose visa for entry is related to such employment in the United States; or (B) with respect to benefits for an alien who as a work authorized nonimmigrant or as an alien lawfully admitted for permanent residence under the Immigration and Nationality Act qualified for such benefits and for whom the United States under reciprocal treaty agreements is required to pay benefits, as determined by the Secretary of State, after consultation with the Attorney General. (3) Such term does not include any Federal public benefit under section 4001(c). (d) STATE AUTHORITY TO PROVIDE FOR ELIGIBILITY OF ILLEGAL ALIENS FOR STATE AND LOCAL PUBLIC BENEFITS- A State may provide that an alien who is not lawfully present in the United States is eligible for any State or local public benefit for which such alien would otherwise be ineligible under subsection (a) only through the enactment of a State law after the date of the enactment of this Act which affirmatively provides for such eligibility. SEC. 412. STATE AUTHORITY TO LIMIT ELIGIBILITY OF QUALIFIED ALIENS FOR STATE PUBLIC BENEFITS. (a) IN GENERAL- Notwithstanding any other provision of law and except as provided in subsection (b), a State is authorized to determine the eligibility for any State public benefits of an alien who is a qualified alien (as defined in section 431), a nonimmigrant under the Immigration and Nationality Act, or an alien who is paroled into the United States under section 212(d)(5) of such Act for less than one year. (b) EXCEPTIONS- Qualified aliens under this subsection shall be eligible for any State public benefits. (1) TIME-LIMITED EXCEPTION FOR REFUGEES AND ASYLEES- (A) An alien who is admitted to the United States as a refugee under section 207 of the Immigration and Nationality Act until 5 years after the date of an alien's entry into the United States. (B) An alien who is granted asylum under section 208 of such Act until 5 years after the date of such grant of asylum. (C) An alien whose deportation is being withheld under section 243(h) of such Act until 5 years after such with-holding. (2) CERTAIN PERMANENT RESIDENT ALIENS- An alien who-- (A) is lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act; and (B)(i) has worked 40 qualifying quarters of coverage as defined under title II of the Social Security Act or can be credited with such qualifying quarters as provided under section 435, and (ii) in the case of any such qualifying quarter creditable for any period beginning after December 31, 1996, did not receive any Federal means-tested public benefit (as provided under section 403) during any such period. (3) VETERAN AND ACTIVE DUTY EXCEPTION- An alien who is lawfully residing in any State and is-- (A) a veteran (as defined in section 101 of title 38, United States Code) with a discharge characterized as an honorable discharge and not on account of alienage, (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). (4) TRANSITION FOR THOSE CURRENTLY RECEIVING BENEFITS- An alien who on the date of the enactment of this Act is lawfully residing in any State and is receiving benefits on the date of the enactment of this Act shall continue to be eligible to receive such benefits until January 1, 1997. SUBTITLE C--ATTRIBUTION OF INCOME AND AFFIDAVITS OF SUPPORT SEC. 421. FEDERAL ATTRIBUTION OF SPONSOR'S INCOME AND RESOURCES TO ALIEN. (a) IN GENERAL- Notwithstanding any other provision of law, in determining the eligibility and the amount of benefits of an alien for any Federal means-tested public benefits program (as provided under section 403), the income and resources of the alien shall be deemed to include the following: (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 423) on behalf of such alien. (2) The income and resources of the spouse (if any) of the person. (b) DURATION OF ATTRIBUTION PERIOD- Subsection (a) shall apply with respect to an alien until such time as the alien-- (1) achieves United States citizenship through naturalization pursuant to chapter 2 of title III of the Immigration and Nationality Act; or (2)(A) has worked 40 qualifying quarters of coverage as defined under title II of the Social Security Act or can be credited with such qualifying quarters as provided under section 435, and (B) in the case of any such qualifying quarter creditable for any period beginning after December 31, 1996, did not receive any Federal means-tested public benefit (as provided under section 403) during any such period. (c) REVIEW OF INCOME AND RESOURCES OF ALIEN UPON REAPPLICATION- Whenever an alien is required to reapply for benefits under any Federal means-tested public benefits program, the applicable agency shall review the income and resources attributed to the alien under subsection (a). (d) APPLICATION- (1) If on the date of the enactment of this Act, a Federal means-tested public benefits program attributes a sponsor's income and resources to an alien in determining the alien's eligibility and the amount of benefits for an alien, this section shall apply to any such determination beginning on the day after the date of the enactment of this Act. (2) If on the date of the enactment of this Act, a Federal means-tested public benefits program does not attribute a sponsor's income and resources to an alien in determining the alien's eligibility and the amount of benefits for an alien, this section shall apply to any such determination beginning 180 days after the date of the enactment of this Act. SEC. 422. AUTHORITY FOR STATES TO PROVIDE FOR ATTRIBUTION OF SPONSORS INCOME AND RESOURCES TO THE ALIEN WITH RESPECT TO STATE PROGRAMS. (a) OPTIONAL APPLICATION TO STATE PROGRAMS- Except as provided in subsection (b), in determining the eligibility and the amount of benefits of an alien for any State public benefits (as defined in section 412(c)), the State or political subdivision that offers the benefits is authorized to provide that the income and resources of the alien shall be deemed to include-- (1) the income and resources of any individual who executed an affidavit of support pursuant to section 213A of the Immigration and Nationality Act (as added by section 423) on behalf of such alien, and (2) the income and resources of the spouse (if any) of the individual. (b) EXCEPTIONS- Subsection (a) shall not apply with respect to the following State public benefits: (1) Assistance described in section 411(b)(1). (2) Short-term, non-cash, in-kind emergency disaster relief. (3) Programs comparable to assistance or benefits under the National School Lunch Act. (4) Programs comparable to assistance or benefits under the Child Nutrition Act of 1966. (5) Public health assistance for immunizations with respect to immunizable diseases and for testing and treatment of symptoms of communicable diseases whether or not such symptoms are caused by a communicable disease. (6) Payments for foster care and adoption assistance. (7) Programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter) specified by the Attorney General of a State, after consultation with appropriate agencies and departments, which (A) deliver in-kind services at the community level, including through public or private nonprofit agencies; (B) do not condition the provision of assistance, the amount of assistance provided, or the cost of assistance provided on the individual recipient's income or resources; and (C) are necessary for the protection of life or safety. SEC. 423. 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- (1) 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-- `(A) which is legally enforceable against the sponsor by the sponsored alien, 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; `(B) in which the sponsor agrees to financially support the alien, so that the alien will not become a public charge; and `(C) in which the sponsor agrees to submit to the jurisdiction of any Federal or State court for the purpose of actions brought under subsection (e)(2). `(2) A contract under paragraph (1) 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) REMEDIES- Remedies available to enforce an affidavit of support under this section include any or all of the remedies described in section 3201, 3203, 3204, or 3205 of title 28, United States Code, as well as an order for specific performance and payment of legal fees and other costs of collection, and include corresponding remedies available under State law. A Federal agency may seek to collect amounts owed under this section in accordance with the provisions of subchapter II of chapter 37 of title 31, United States Code. `(d) NOTIFICATION OF CHANGE OF ADDRESS- `(1) IN GENERAL- The sponsor shall notify the Attorney General 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)(2). `(2) PENALTY- 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 alien has received any means-tested public benefit, 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. `(5) If, pursuant to the terms of this subsection, a Federal, State, or local agency requests reimbursement from the sponsor in the amount of assistance provided, or brings an action against the sponsor pursuant to the affidavit of support, the appropriate agency may appoint or hire an individual or other person to act on behalf of such agency acting under the authority of law for purposes of collecting any moneys owed. Nothing in this subsection shall preclude any appropriate Federal, State, or local agency from directly requesting reimbursement from a sponsor for the amount of assistance provided, or from bringing an action against a sponsor pursuant to an affidavit of support. `(f) DEFINITIONS- For the purposes of this section-- `(1) SPONSOR- The term `sponsor' means an indi-vidual 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; `(C) is domiciled in any of the 50 States or the District of Columbia; and `(D) is the person petitioning for the admission of the alien under section 204.'. (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. (d) BENEFITS NOT SUBJECT TO REIMBURSEMENT- Requirements for reimbursement by a sponsor for benefits provided to a sponsored alien pursuant to an affidavit of support under section 213A of the Immigration and Nationality Act shall not apply with respect to the following: (1) Medical assistance described in section 401(b)(1)(A) or assistance described in section 411(b)(1). (2) Short-term, non-cash, in-kind emergency disaster relief. (3) Assistance or benefits under the National School Lunch Act. (4) Assistance or benefits under the Child Nutrition Act of 1966. (5) Public health assistance for immunizations (not including any assistance under title XIX of the Social Security Act) with respect to immunizable diseases and for testing and treatment of symptoms of communicable diseases whether or not such symptoms are caused by a communicable disease. (6) Payments for foster care and adoption assistance under parts B and E of title IV of the Social Security Act for a parent or a child, but only if the foster or adoptive parent (or parents) of such child is a qualified alien (as defined in section 431). (7) Programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter) specified by the Attorney General, in the Attorney General's sole and unreviewable discretion after consultation with appropriate Federal agencies and departments, which (A) deliver in-kind services at the community level, including through public or private nonprofit agencies; (B) do not condition the provision of assistance, the amount of assistance provided, or the cost of assistance provided on the individual recipient's income or resources; and (C) are necessary for the protection of life or safety. (8) 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. (9) Benefits under the Head Start Act. (10) Means-tested programs under the Elementary and Secondary Education Act of 1965. (11) Benefits under the Job Training Partnership Act. [BOLD->] SUBTITLE D--GENERAL PROVISIONS [<-BOLD] SEC. 431. DEFINITIONS. (a) IN GENERAL- Except as otherwise provided in this title, the terms used in this title have the same meaning given such terms in section 101(a) of the Immigration and Nationality Act. (b) QUALIFIED ALIEN- For purposes of this title, the term `qualified alien' means an alien who, at the time the alien applies for, receives, or attempts to receive a Federal public benefit, is-- (1) an alien who is lawfully admitted for permanent residence under the Immigration and Nationality Act, (2) an alien who is granted asylum under section 208 of such Act, (3) a refugee who is admitted to the United States under section 207 of such Act, (4) an alien who is paroled into the United States under section 212(d)(5) of such Act for a period of at least 1 year, (5) an alien whose deportation is being withheld under section 243(h) of such Act, or (6) an alien who is granted conditional entry pursuant to section 203(a)(7) of such Act as in effect prior to April 1, 1980. SEC. 432. VERIFICATION OF ELIGIBILITY FOR FEDERAL PUBLIC BENEFITS. (a) IN GENERAL- Not later than 18 months after the date of the enactment of this Act, the Attorney General of the United States, after consultation with the Secretary of Health and Human Services, shall promulgate regulations requiring verification that a person applying for a Federal public benefit (as defined in section 401(c)), to which the limitation under section 401 applies, is a qualified alien and is eligible to receive such benefit. Such regulations shall, to the extent feasible, require that information requested and exchanged be similar in form and manner to information requested and exchanged under section 1137 of the Social Security Act. (b) STATE COMPLIANCE- Not later than 24 months after the date the regulations described in subsection (a) are adopted, a State that administers a program that provides a Federal public benefit shall have in effect a verification system that complies with the regulations. (c) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated such sums as may be necessary to carry out the purpose of this section. SEC. 433. STATUTORY CONSTRUCTION. (a) LIMITATION- (1) Nothing in this title may be construed as an entitlement or a determination of an individual's eligibility or fulfillment of the requisite requirements for any Federal, State, or local governmental program, assistance, or benefits. For purposes of this title, eligibility relates only to the general issue of eligibility or ineligibility on the basis of alienage. (2) Nothing in this title may be construed as addressing alien eligibility for a basic public education as determined by the Supreme Court of the United States under Plyler v. Doe (457 U.S. 202)(1982). (b) NOT APPLICABLE TO FOREIGN ASSISTANCE- This title does not apply to any Federal, State, or local governmental program, assistance, or benefits provided to an alien under any program of foreign assistance as determined by the Secretary of State in consultation with the Attorney General. (c) SEVERABILITY- If any provision of this title or the application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this title and the application of the provisions of such to any person or circumstance shall not be affected thereby. SEC. 434. COMMUNICATION BETWEEN STATE AND LOCAL GOVERNMENT AGENCIES AND THE IMMIGRATION AND NATURALIZATION SERVICE. Notwithstanding any other provision of Federal, State, or local law, no State or local government entity may be prohibited, or in any way restricted, from sending to or receiving from the Immigration and Naturalization Service information regarding the immigration status, lawful or unlawful, of an alien in the United States. SEC. 435. QUALIFYING QUARTERS. For purposes of this title, in determining the number of qualifying quarters of coverage under title II of the Social Security Act an alien shall be credited with-- (1) all of the qualifying quarters of coverage as defined under title II of the Social Security Act worked by a parent of such alien while the alien was under age 18, and (2) all of the qualifying quarters worked by a spouse of such alien during their marriage and the alien remains married to such spouse or such spouse is deceased. No such qualifying quarter of coverage that is creditable under title II of the Social Security Act for any period beginning after December 31, 1996, may be credited to an alien under paragraph (1) or (2) if the parent or spouse (as the case may be) of such alien received any Federal means-tested public benefit (as provided under section 403) during the period for which such qualifying quarter of coverage is so credited. SUBTITLE E--CONFORMING AMENDMENTS RELATING TO ASSISTED HOUSING SEC. 441. 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). [BOLD->] SUBTITLE F--EARNED INCOME CREDIT DENIED TO UNAUTHORIZED EMPLOYEES [<-BOLD] SEC. 451. EARNED INCOME CREDIT DENIED TO INDIVIDUALS NOT AUTHORIZED TO BE EMPLOYED IN THE UNITED STATES. (a) IN GENERAL- Section 32(c)(1) of the Internal Revenue Code of 1986 (relating to individuals eligible to claim the earned income 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 such Code is amended by adding at the end the following new subsection: `(l) 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 such Code (relating to the definition of mathematical or clerical errors) is amended by striking `and' at the end of subparagraph (D), by striking the period at the end of subparagraph (E) and inserting a comma, and by inserting after subparagraph (E) the following new subparagraphs: `(F) an omission of a correct taxpayer identification number required under section 32 (relating to the earned income credit) to be included on a return, and `(G) an entry on a return claiming the credit under section 32 with respect to net earnings from self-employment described in section 32(c)(2)(A) to the extent the tax imposed by section 1401 (relating to self-employment tax) on such net earnings has not been paid.'. (d) EFFECTIVE DATE- The amendments made by this section shall apply with respect to returns the due date for which (without regard to extensions) is more than 30 days after the date of the enactment of this Act.