S.Amdt. 2484

SA 2484. Mr. KIM submitted an amendment intended to be proposed by
him to the bill H.R. 1, to provide for reconciliation pursuant to title
II of H. Con. Res. 14; which was ordered to lie on the table; as
follows:

At the end of part I of subtitle A of title X, add the
following:

SEC. 100019. INCOME-BASED FULL AND PARTIAL INCOME-BASED
IMMIGRATION FEE WAIVERS.

(a) New Fees Imposed Under This Part.--Notwithstanding any
other provision under this part--
(1) if an alien's monthly income is less than 150 percent
of the Federal poverty level, no fee may be charged or
collected from the alien under this part; and
(2) if an alien's monthly income is less than 250 percent
of the Federal poverty line, each of the applicable fees
under this part shall be reduced for such alien by not less
than 50 percent.
(b) Form I-94 Applications.--Notwithstanding any other
provision of law--
(1) if an alien's monthly income is less than 150 percent
of the Federal poverty level, no fee may be charged or
collected from the alien in connection with an application
for a Form I-94 Arrival/Departure Record; and
(2) if an alien's monthly income is less than 250 percent
of the Federal poverty line, the fee imposed on such alien in
connection with an application described in paragraph (1)
shall be reduced by not less than 50 percent.
(c) Defined Term.--Section 101(a) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)) is amended by adding at
the end the following:
``(53) The term `Federal poverty line' has the meaning
given such term by the Director of the Office of Management
and Budget, as revised annually by the Secretary of Health
and Human Services, in accordance with section 673(2) of the
Community Services Block Grant Act (42 U.S.C. 9902(2)).''.
(d) Diversity Immigrant Visa Applications.--Section
204(a)(1)(I)(iv) of the Immigration and Nationality Act (8
U.S.C. 1154(a)(1)(I)(iv)) is amended--
(1) by moving the margin 4 ems to the left; and
(2) by inserting ``(I)'' before ``Each petition''; and
(3) by striking ``All amounts'' and inserting the
following:
``(II) Notwithstanding any other provision of law--
``(aa) if an alien's monthly income is less than 150
percent of the Federal poverty level, the fee required under
subclause (I) shall be waived; and
``(bb) if an alien's monthly income is less than 250
percent of the Federal poverty line, the fee required under
subclause (I) shall be reduced by not less than 50 percent.
``(III) All amounts''.
(e) Asylum Applications.--Section 208(d)(3) of the
Immigration and Nationality Act (8 U.S.C. 1158(d)(3)) is
amended--
(1) by striking ``The Attorney General may impose'' and
inserting the following:
``(A) In general.--The Attorney General may impose''.
(2) by striking ``Nothing'' and inserting the following:
``(B) Income-based fee waiver or reduction.--
Notwithstanding any other provision of law--
``(i) if an alien's monthly income is less than 150 percent
of the Federal poverty level, no fee may be collected from
the alien under this paragraph; and
``(ii) if an alien's monthly income is less than 250
percent of the Federal poverty line, the fee imposed under
subparagraph (A) shall be reduced for such alien by not less
than 50 percent.
``(C) Rule of construction.--Nothing''.
(f) ESTA Fees.--Section 217(h)(3)(B) of the Immigration and
Nationality Act (8 U.S.C. 1187(h)(3)(B)) is amended--
(1) by redesignating clause (iii) as clause (iv); and
(2) by inserting after clause (ii) the following:
``(iii) Income-based fee waiver or reduction.--
Notwithstanding any other provision of law--

``(I) if an alien's monthly income is less than 150 percent
of the Federal poverty level, no fee may be collected from
the alien under this subparagraph; and
``(II) if an alien's monthly income is less than 250
percent of the Federal poverty line, the fees imposed under
clause (i) shall be reduced for such alien by not less than
50 percent.''.

(g) Temporary Protected Status Applications.--Section
244(c)(1)(B) of the Immigration and Nationality Act (8 U.S.C.
1254a(c)(1)(B)) is amended--
(1) by striking ``The Attorney General may require'' and
inserting the following:
``(i) In general.--The Secretary of Homeland Security may
require'';
(2) by striking ``Attorney General'' and inserting
``Secretary''; and
(3) by striking ``Notwithstanding'' and inserting the
following:
``(ii) Income-based fee waiver or reduction.--
Notwithstanding any other provision of law--

``(I) if an alien's monthly income is less than 150 percent
of the Federal poverty level, no fee may be collected from
the alien under this subparagraph; and
``(II) if an alien's monthly income is less than 250
percent of the Federal poverty line, the fees imposed under
clause (i) shall be reduced for such alien by not less than
50 percent.

``(iii) Disposition of fees.--Notwithstanding''.
(h) Employment Authorization Applications.--Section
286(u)(3) of the Immigration and Nationality Act (8 U.S.C.
1356(u)(3)) is amended by adding at the end the following:
``(D) Income-based fee waiver or reduction.--
Notwithstanding subparagraph (A)--
``(i) if an alien's monthly income is less than 150 percent
of the Federal poverty level, no fee may be collected from
the alien under subparagraph (A) in connection with an
application for employment authorization; and
``(ii) if an alien's monthly income is less than 250
percent of the Federal poverty line, the premium fee imposed
under subparagraph (A) in connection with an application for
employment authorization shall be reduced for such alien by
not less than 50 percent.''.
(i) Naturalization Applications.--Section 344(b) of the
Immigration and Nationality Act (8 U.S.C. 1455(b)) is
amended--
(1) in the subsection enumerator, by striking ``(b)'' and
inserting ``(b)(1)''; and
(2) by adding at the end the following:
``(2) Notwithstanding any provision of this Act or of any
other law, the following fee waivers shall apply:
``(A) If an alien's monthly income is less than 150 percent
of the Federal poverty line, no fee shall be charged or
collected from the alien for--
``(i) the filing of an application for naturalization or
the issuance of a certificate of naturalization upon
admission to citizenship;
``(ii) the filing of an application to preserve residence
for naturalization purposes;
``(iii) the filing of an application for a replacement
naturalization or citizenship document;
``(iv) the filing of an application for citizenship and
issuance of certificate of citizenship (Form N-600K) under
section 322;

[[Page S3996]]

``(v) the filing of an application for certificate of
citizenship (Form N-600); or
``(vi) a biometrics capture or background check associated
with any application described in any of clauses (i) through
(iv).
``(B) If an alien's monthly income is less than 250 percent
of the Federal poverty line, not more than 50 percent of the
applicable fee shall be charged or collected for each of the
applications and checks described in clauses (i) through (vi)
of subparagraph (A).
``(3) Notwithstanding any other provision of law, the
Secretary of Homeland Security shall consider the receipt of
means-tested benefits as a criterion for the purpose of
demonstrating eligibility for a fee waiver under paragraph
(2).''.
______