US (United States) Code. Title 8. Chapter 14: Restricting welfare and public benefits for aliens

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Aliens and nationality

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-CITE-

8 USC CHAPTER 14 - RESTRICTING WELFARE AND PUBLIC

BENEFITS FOR ALIENS 01/06/03

-EXPCITE-

TITLE 8 - ALIENS AND NATIONALITY

CHAPTER 14 - RESTRICTING WELFARE AND PUBLIC BENEFITS FOR ALIENS

.

-HEAD-

CHAPTER 14 - RESTRICTING WELFARE AND PUBLIC BENEFITS FOR ALIENS

-MISC1-

Sec.

1601. Statements of national policy concerning welfare and

immigration.

SUBCHAPTER I - ELIGIBILITY FOR FEDERAL BENEFITS

1611. Aliens who are not qualified aliens ineligible for Federal

public benefits.

(a) In general.

(b) Exceptions.

(c) ''Federal public benefit'' defined.

1612. Limited eligibility of qualified aliens for certain Federal

programs.

(a) Limited eligibility for specified Federal

programs.

(b) Limited eligibility for designated Federal

programs.

1613. Five-year limited eligibility of qualified aliens for Federal

means-tested public benefit.

(a) In general.

(b) Exceptions.

(c) Application of term Federal means-tested public

benefit.

(d) Benefits for certain groups.

1614. Notification and information reporting.

1615. Requirements relating to provision of benefits based on

citizenship, alienage, or immigration status under the Richard B.

Russell National School Lunch Act, the Child Nutrition Act of

1966, and certain other acts.

(a) School lunch and breakfast programs.

(b) Other programs.

SUBCHAPTER II - ELIGIBILITY FOR STATE AND LOCAL PUBLIC BENEFITS

PROGRAMS

1621. Aliens who are not qualified aliens or nonimmigrants

ineligible for State and local public benefits.

(a) In general.

(b) Exceptions.

(c) ''State or local public benefit'' defined.

(d) State authority to provide for eligibility of

illegal aliens for State and local public

benefits.

1622. State authority to limit eligibility of qualified aliens for

State public benefits.

(a) In general.

(b) Exceptions.

1623. Limitation on eligibility for preferential treatment of

aliens not lawfully present on basis of residence for higher

education benefits.

(a) In general.

(b) Effective date.

1624. Authority of States and political subdivisions of States to

limit assistance to aliens and to distinguish among classes of

aliens in providing general cash public assistance.

(a) In general.

(b) Limitation.

1625. Authorization for verification of eligibility for State and

local public benefits.

SUBCHAPTER III - ATTRIBUTION OF INCOME AND AFFIDAVITS OF SUPPORT

1631. Federal attribution of sponsor's income and resources to

alien.

(a) In general.

(b) Duration of attribution period.

(c) Review of income and resources of alien upon

reapplication.

(d) Application.

(e) Indigence exception.

(f) Special rule for battered spouse and child.

1632. 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.

(b) Exceptions.

SUBCHAPTER IV - GENERAL PROVISIONS

1641. Definitions.

(a) In general.

(b) Qualified alien.

(c) Treatment of certain battered aliens as qualified

aliens.

1642. Verification of eligibility for Federal public benefits.

(a) In general.

(b) State compliance.

(c) Authorization of appropriations.

(d) No verification requirement for nonprofit

charitable organizations.

1643. Statutory construction.

(a) Limitation.

(b) Benefit eligibility limitations applicable only

with respect to aliens present in United

States.

(c) Not applicable to foreign assistance.

(d) Severability.

1644. Communication between State and local government agencies and

Immigration and Naturalization Service.

1645. Qualifying quarters.

1646. Derivative eligibility for benefits.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 42 section 1437a.

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8 USC Sec. 1601 01/06/03

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TITLE 8 - ALIENS AND NATIONALITY

CHAPTER 14 - RESTRICTING WELFARE AND PUBLIC BENEFITS FOR ALIENS

-HEAD-

Sec. 1601. Statements of national policy concerning welfare and

immigration

-STATUTE-

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 chapter, 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.

-SOURCE-

(Pub. L. 104-193, title IV, Sec. 400, Aug. 22, 1996, 110 Stat.

2260.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in par. (7), was in the original ''this

title'' meaning title IV of Pub. L. 104-193, Aug. 22, 1996, 110

Stat. 2260, as amended, which enacted this chapter, section 1183a

of this title, and sections 611a and 1437y of Title 42, The Public

Health and Welfare, amended section 1383 of this title, sections 32

and 6213 of Title 26, Internal Revenue Code, and sections 1436a and

1471 of Title 42, and enacted provisions set out as notes under

section 1183a of this title and section 32 of Title 26. For

complete classification of title IV to the Code, see Tables.

-CITE-

8 USC SUBCHAPTER I - ELIGIBILITY FOR FEDERAL BENEFITS 01/06/03

-EXPCITE-

TITLE 8 - ALIENS AND NATIONALITY

CHAPTER 14 - RESTRICTING WELFARE AND PUBLIC BENEFITS FOR ALIENS

SUBCHAPTER I - ELIGIBILITY FOR FEDERAL BENEFITS

.

-HEAD-

SUBCHAPTER I - ELIGIBILITY FOR FEDERAL BENEFITS

-CITE-

8 USC Sec. 1611 01/06/03

-EXPCITE-

TITLE 8 - ALIENS AND NATIONALITY

CHAPTER 14 - RESTRICTING WELFARE AND PUBLIC BENEFITS FOR ALIENS

SUBCHAPTER I - ELIGIBILITY FOR FEDERAL BENEFITS

-HEAD-

Sec. 1611. Aliens who are not qualified aliens ineligible for

Federal public benefits

-STATUTE-

(a) In general

Notwithstanding any other provision of law and except as provided

in subsection (b) of this section, an alien who is not a qualified

alien (as defined in section 1641 of this title) is not eligible

for any Federal public benefit (as defined in subsection (c) of

this section).

(b) Exceptions

(1) Subsection (a) of this section shall not apply with respect

to the following Federal public benefits:

(A) Medical assistance under title XIX of the Social Security

Act (42 U.S.C. 1396 et seq.) (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 (42 U.S.C. 1396b(v)(3))) 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 (42 U.S.C. 601 et seq.),

supplemental security income benefits under title XVI of such Act

(42 U.S.C. 1381 et seq.), 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 (42 U.S.C. 1396 et

seq.)) 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 (42 U.S.C. 1471 et seq.), or any assistance under section

1926c of title 7, to the extent that the alien is receiving such

a benefit on August 22, 1996.

(2) Subsection (a) of this section shall not apply to any benefit

payable under title II of the Social Security Act (42 U.S.C. 401 et

seq.) 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 (42 U.S.C. 433), to any

benefit if nonpayment would be contrary to section 202(t) of the

Social Security Act (42 U.S.C. 402(t)), 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 August 1996.

(3) Subsection (a) of this section shall not apply to any benefit

payable under title XVIII of the Social Security Act (42 U.S.C.

1395 et seq.) (relating to the medicare program) to an alien who is

lawfully present in the United States as determined by the Attorney

General and, with respect to benefits payable under part A of such

title (42 U.S.C. 1395c et seq.), who was authorized to be employed

with respect to any wages attributable to employment which are

counted for purposes of eligibility for such benefits.

(4) Subsection (a) of this section shall not apply to any benefit

payable under the Railroad Retirement Act of 1974 (45 U.S.C. 231 et

seq.) or the Railroad Unemployment Insurance Act (45 U.S.C. 351 et

seq.) to an alien who is lawfully present in the United States as

determined by the Attorney General or to an alien residing outside

the United States.

(5) Subsection (a) of this section shall not apply to eligibility

for benefits for the program defined in section 1612(a)(3)(A) of

this title (relating to the supplemental security income program),

or to eligibility for benefits under any other program that is

based on eligibility for benefits under the program so defined, for

an alien who was receiving such benefits on August 22, 1996.

(c) ''Federal public benefit'' defined

(1) Except as provided in paragraph (2), for purposes of this

chapter 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 to a citizen of a freely

associated state, if section 141 of the applicable compact of

free association approved in Public Law 99-239 or 99-658 (or a

successor provision) is in effect;

(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 (8

U.S.C. 1101 et seq.) 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; or

(C) to the issuance of a professional license to, or the

renewal of a professional license by, a foreign national not

physically present in the United States.

-SOURCE-

(Pub. L. 104-193, title IV, Sec. 401, Aug. 22, 1996, 110 Stat.

2261; Pub. L. 105-33, title V, Sec. 5561, 5565, Aug. 5, 1997, 111

Stat. 638, 639; Pub. L. 105-306, Sec. 2, 5(a), Oct. 28, 1998, 112

Stat. 2926, 2927.)

-REFTEXT-

REFERENCES IN TEXT

The Social Security Act, referred to in subsec. (b), is act Aug.

14, 1935, ch. 531, 49 Stat. 620, as amended. Titles II, IV, XVI,

XVIII, and XIX of the Act are classified generally to subchapters

II (Sec. 401 et seq.), IV (Sec. 601 et seq.), XVI (Sec. 1381 et

seq.), XVIII (Sec. 1395 et seq.), and XIX (Sec. 1396 et seq.),

respectively, of chapter 7 of Title 42, The Public Health and

Welfare. Part A of title XVIII of the Act is classified generally

to part A (Sec. 1395c et seq.) of subchapter XVIII of chapter 7 of

Title 42. For complete classification of this Act to the Code, see

section 1305 of Title 42 and Tables.

The Housing Act of 1949, referred to in subsec. (b)(1)(E), is act

July 15, 1949, ch. 338, 63 Stat. 413, as amended. Title V of the

Act is classified generally to subchapter III (Sec. 1471 et seq.)

of chapter 8A of Title 42, The Public Health and Welfare. For

complete classification of this Act to the Code, see Short Title

note set out under section 1441 of Title 42 and Tables.

The Railroad Retirement Act of 1974, referred to in subsec.

(b)(4), is act Aug. 29, 1935, ch. 812, as amended generally by Pub.

L. 93-445, title I, Sec. 101, Oct. 16, 1974, 88 Stat. 1305, which

is classified generally to subchapter IV (Sec. 231 et seq.) of

chapter 9 of Title 45, Railroads. For further details and complete

classification of this Act to the Code, see Codification note set

out preceding section 231 of Title 45, section 231t of Title 45,

and Tables.

The Railroad Unemployment Insurance Act, referred to in subsec.

(b)(4), is act June 25, 1938, ch. 680, 52 Stat. 1094, as amended,

which is classified principally to chapter 11 (Sec. 351 et seq.) of

Title 45, Railroads. For complete classification of this Act to the

Code, see Tables.

This chapter, referred to in subsec. (c)(1), was in the original

''this title'' meaning title IV of Pub. L. 104-193, Aug. 22, 1996,

110 Stat. 2260, which enacted this chapter, section 1183a of this

title, and sections 611a and 1437y of Title 42, The Public Health

and Welfare, amended section 1383 of this title, sections 32 and

6213 of Title 26, Internal Revenue Code, and sections 1436a and

1471 of Title 42, and enacted provisions set out as notes under

section 1183a of this title and section 32 of Title 26. For

complete classification of title IV to the Code, see Tables.

Section 141 of the applicable compact of free association

approved in Public Law 99-239 or 99-658, referred to in subsec.

(c)(2)(A), means section 141 of the Compact of Free Association

between the Government of the United States and the Governments of

the Marshall Islands and the Federated States of Micronesia, which

is contained in section 201 of Pub. L. 99-239, set out as a note

under section 1901 of Title 48, Territories and Insular

Possessions, and section 141 of the Compact of Free Association

between the United States and the Government of Palau, which is

contained in section 201 of Pub. L. 99-658, set out as a note under

section 1931 of Title 48.

The Immigration and Nationality Act, referred to in subsec.

(c)(2)(B), is act June 27, 1952, ch. 477, 66 Stat. 163, as amended,

which is classified principally to chapter 12 (Sec. 1101 et seq.)

of this title. For complete classification of this Act to the

Code, see Short Title note set out under section 1101 of this title

and Tables.

-MISC2-

AMENDMENTS

1998 - Subsec. (b)(5). Pub. L. 105-306, Sec. 2, added par. (5).

Subsec. (c)(2)(C). Pub. L. 105-306, Sec. 5(a), added subpar. (C).

1997 - Subsec. (b)(3). Pub. L. 105-33, Sec. 5561(a), added par.

(3).

Subsec. (b)(4). Pub. L. 105-33, Sec. 5561(b), added par. (4).

Subsec. (c)(2)(A). Pub. L. 105-33, Sec. 5565, inserted before

semicolon '', or to a citizen of a freely associated state, if

section 141 of the applicable compact of free association approved

in Public Law 99-239 or 99-658 (or a successor provision) is in

effect''.

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by Pub. L. 105-33 effective as if included in the

enactment of title IV of the Personal Responsibility and Work

Opportunity Reconciliation Act of 1996, Pub. L. 104-193, see

section 5582 of Pub. L. 105-33, set out as a note under section

1367 of this title.

-TRANS-

ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF

FUNCTIONS

For abolition of Immigration and Naturalization Service, transfer

of functions, and treatment of related references, see note set out

under section 1551 of this title.

-MISC5-

ADDITIONAL FUNDING FOR STATE EMERGENCY HEALTH SERVICES FURNISHED TO

UNDOCUMENTED ALIENS

Section 4723 of Pub. L. 105-33 provided that:

''(a) Total Amount Available for Allotment. - There are available

for allotments under this section for each of the 4 consecutive

fiscal years (beginning with fiscal year 1998) $25,000,000 for

payments to certain States under this section.

''(b) State Allotment Amount. -

''(1) In general. - The Secretary of Health and Human Services

shall compute an allotment for each fiscal year beginning with

fiscal year 1998 and ending with fiscal year 2001 for each of the

12 States with the highest number of undocumented aliens. The

amount of such allotment for each such State for a fiscal year

shall bear the same ratio to the total amount available for

allotments under subsection (a) for the fiscal year as the ratio

of the number of undocumented aliens in the State in the fiscal

year bears to the total of such numbers for all such States for

such fiscal year. The amount of allotment to a State provided

under this paragraph for a fiscal year that is not paid out under

subsection (c) shall be available for payment during the

subsequent fiscal year.

''(2) Determination. - For purposes of paragraph (1), the

number of undocumented aliens in a State under this section shall

be determined based on estimates of the resident illegal alien

population residing in each State prepared by the Statistics

Division of the Immigration and Naturalization Service as of

October 1992 (or as of such later date if such date is at least 1

year before the beginning of the fiscal year involved).

''(c) Use of Funds. - From the allotments made under subsection

(b), the Secretary shall pay to each State amounts the State

demonstrates were paid by the State (or by a political subdivision

of the State) for emergency health services furnished to

undocumented aliens.

''(d) State Defined. - For purposes of this section, the term

'State' includes the District of Columbia.

''(e) State Entitlement. - This section constitutes budget

authority in advance of appropriations Acts and represents the

obligation of the Federal Government to provide for the payment to

States of amounts provided under this section.''

STUDY AND REPORT ON ALIEN STUDENT ELIGIBILITY FOR POSTSECONDARY

FEDERAL STUDENT FINANCIAL ASSISTANCE

Pub. L. 104-208, div. C, title V, Sec. 506, Sept. 30, 1996, 110

Stat. 3009-672, provided that:

''(a) GAO Study and Report. -

''(1) Study. - The Comptroller General shall conduct a study to

determine the extent to which aliens who are not lawfully

admitted for permanent residence are receiving postsecondary

Federal student financial assistance.

''(2) Report. - Not later than 1 year after the date of the

enactment of this Act (Sept. 30, 1996), the Comptroller General

shall submit a report to the appropriate committees of the

Congress on the study conducted under paragraph (1).

''(b) Report on Computer Matching Program. -

''(1) In general. - Not later than one year after the date of

the enactment of this Act, the Secretary of Education and the

Commissioner of Social Security shall jointly submit to the

appropriate committees of the Congress a report on the computer

matching program of the Department of Education under section

484(p) of the Higher Education Act of 1965 (20 U.S.C. 1091(p)).

''(2) Report elements. - The report under paragraph (1) shall

include the following:

''(A) An assessment by the Secretary and the Commissioner of

the effectiveness of the computer matching program, and a

justification for such assessment.

''(B) The ratio of successful matches under the program to

inaccurate matches.

''(C) Such other information as the Secretary and the

Commissioner jointly consider appropriate.

''(c) Appropriate Committees of the Congress. - For purposes of

this section the term 'appropriate committees of the Congress'

means the Committee on Economic and Educational Opportunities and

the Committee on the Judiciary of the House of Representatives and

the Committee on Labor and Human Resources and the Committee on the

Judiciary of the Senate.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1183a, 1612, 1613, 1614,

1621, 1642 of this title.

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8 USC Sec. 1612 01/06/03

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TITLE 8 - ALIENS AND NATIONALITY

CHAPTER 14 - RESTRICTING WELFARE AND PUBLIC BENEFITS FOR ALIENS

SUBCHAPTER I - ELIGIBILITY FOR FEDERAL BENEFITS

-HEAD-

Sec. 1612. Limited eligibility of qualified aliens for certain

Federal programs

-STATUTE-

(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 1641 of this title) is not eligible for any

specified Federal program (as defined in paragraph (3)).

(2) Exceptions

(A) Time-limited exception for refugees and asylees

With respect to the specified Federal programs described in

paragraph (3), paragraph (1) shall not apply to an alien until

7 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 (8

U.S.C. 1157);

(ii) an alien is granted asylum under section 208 of such

Act (8 U.S.C. 1158);

(iii) an alien's deportation is withheld under section

243(h) of such Act (8 U.S.C. 1253) (as in effect immediately

before the effective date of section 307 of division C of

Public Law 104-208) or section 241(b)(3) of such Act (8

U.S.C. 1231(b)(3)) (as amended by section 305(a) of division

C of Public Law 104-208);

(iv) an alien is granted status as a Cuban and Haitian

entrant (as defined in section 501(e) of the Refugee

Education Assistance Act of 1980); or

(v) an alien is admitted to the United States as an

Amerasian immigrant pursuant to section 584 of the Foreign

Operations, Export Financing, and Related Programs

Appropriations Act, 1988 (as contained in section 101(e) of

Public Law 100-202 and amended by the 9th proviso under

migration and refugee assistance in title II of the Foreign

Operations, Export Financing, and Related Programs

Appropriations Act, 1989, Public Law 100-461, as amended).

(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 (8 U.S.C.

1101 et seq.); and

(ii)(I) has worked 40 qualifying quarters of coverage as

defined under title II of the Social Security Act (42 U.S.C.

401 et seq.) or can be credited with such qualifying quarters

as provided under section 1645 of this title, 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 1613 of this title) 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, 1101, or 1301, or

as described in section 107 of title 38) with a discharge

characterized as an honorable discharge and not on account of

alienage and who fulfills the minimum active-duty service

requirements of section 5303A(d) of title 38,

(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) or the unremarried

surviving spouse of an individual described in clause (i) or

(ii) who is deceased if the marriage fulfills the

requirements of section 1304 of title 38.

(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 August

22, 1996, and ending on September 30, 1998, the

Commissioner of Social Security shall redetermine the

eligibility of any individual who is receiving benefits

under such program as of August 22, 1996, 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 September 30, 1998.

(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), ineligibility under paragraph (1)

shall not apply until April 1, 1997, to an alien who

received benefits under such program on August 22, 1996,

unless such alien is determined to be ineligible to receive

such benefits under the Food Stamp Act of 1977 (7 U.S.C.

2011 et seq.). The State agency shall recertify the

eligibility of all such aliens during the period beginning

April 1, 1997, and ending August 22, 1997.

(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 August 22,

1996, the alien is lawfully residing in any State and is

receiving benefits under such program on August 22, 1996.

(E) Aliens receiving SSI on August 22, 1996

With respect to eligibility for benefits for the program

defined in paragraph (3)(A) (relating to the supplemental

security income program), paragraph (1) shall not apply to an

alien who is lawfully residing in the United States and who was

receiving such benefits on August 22, 1996.

(F) Disabled aliens lawfully residing in the United States on

August 22, 1996

With respect to eligibility for benefits for the specified

Federal programs described in paragraph (3), paragraph (1)

shall not apply to an alien who -

(i) in the case of the specified Federal program described

in paragraph (3)(A) -

(I) was lawfully residing in the United States on August

22, 1996; and

(II) is blind or disabled (as defined in paragraph (2) or

(3) of section 1614(a) of the Social Security Act (42

U.S.C. 1382c(a))); and

(ii) in the case of the specified Federal program described

in paragraph (3)(B), is receiving benefits or assistance for

blindness or disability (within the meaning of section 3(r)

of the Food Stamp Act of 1977 (7 U.S.C. 2012(r))).

(G) Exception for certain Indians

With respect to eligibility for benefits for the specified

Federal programs described in paragraph (3), section 1611(a) of

this title and paragraph (1) shall not apply to any individual

-

(i) who is an American Indian born in Canada to whom the

provisions of section 289 of the Immigration and Nationality

Act (8 U.S.C. 1359) apply; or

(ii) who is a member of an Indian tribe (as defined in

section 450b(e) of title 25).

(H) SSI exception for certain recipients on the basis of very

old applications

With respect to eligibility for benefits for the program

defined in paragraph (3)(A) (relating to the supplemental

security income program), paragraph (1) shall not apply to any

individual -

(i) who is receiving benefits under such program for months

after July 1996 on the basis of an application filed before

January 1, 1979; and

(ii) with respect to whom the Commissioner of Social

Security lacks clear and convincing evidence that such

individual is an alien ineligible for such benefits as a

result of the application of this section.

(I) Food stamp exception for certain elderly individuals

With respect to eligibility for benefits for the specified

Federal program described in paragraph (3)(B), paragraph (1)

shall not apply to any individual who on August 22, 1996 -

(i) was lawfully residing in the United States; and

(ii) was 65 years of age or older.

(J) Food stamp exception for certain children

With respect to eligibility for benefits for the specified

Federal program described in paragraph (3)(B), paragraph (1)

shall not apply to any individual who is under 18 years of age.

(K) Food stamp exception for certain Hmong and Highland

Laotians

With respect to eligibility for benefits for the specified

Federal program described in paragraph (3)(B), paragraph (1)

shall not apply to -

(i) any individual who -

(I) is lawfully residing in the United States; and

(II) was a member of a Hmong or Highland Laotian tribe at

the time that the tribe rendered assistance to United

States personnel by taking part in a military or rescue

operation during the Vietnam era (as defined in section 101

of title 38);

(ii) the spouse, or an unmarried dependent child, of such

an individual; or

(iii) the unremarried surviving spouse of such an

individual who is deceased.

(L) Food stamp exception for certain qualified aliens

With respect to eligibility for benefits for the specified

Federal program described in paragraph (3)(B), paragraph (1)

shall not apply to any qualified alien who has resided in the

United States with a status within the meaning of the term

''qualified alien'' for a period of 5 years or more beginning

on the date of the alien's entry into the United States.

(3) ''Specified Federal program'' defined

For purposes of this chapter, 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 (42 U.S.C. 1381 et seq.), including

supplementary payments pursuant to an agreement for Federal

administration under section 1616(a) of the Social Security Act

(42 U.S.C. 1382e(a)) 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 (7 U.S.C. 2012(h)).

(b) Limited eligibility for designated Federal programs

(1) In general

Notwithstanding any other provision of law and except as

provided in section 1613 of this title and paragraph (2), a State

is authorized to determine the eligibility of an alien who is a

qualified alien (as defined in section 1641 of this title) 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) Medicaid

With respect to the designated Federal program described in

paragraph (3)(C), paragraph (1) shall not apply to an alien

until 7 years after the date -

(I) an alien is admitted to the United States as a

refugee under section 207 of the Immig