H. R. 3734—164
Subtitle B—Eligibility for State and Local
Public Benefits Programs
SEC. 411. ALIENS WHO ARE NOT QUALIFIED ALIENS OR NON-
IMMIGRANTS INELIGIBLE FOR STATE AND LOCAL PUB-
LIC 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 symp-
toms 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 appro-
priate Federal agencies and departments, which (A) deliver
in-kind services at the community level, including through pub-
lic or private nonprofit agencies; (B) do not condition the provi-
sion 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 pur-
poses 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 assist-
ance, 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—
H. R. 3734—165
(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 agree-
ments 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 enact-
ment 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 non-
immigrant 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 perma-
nent 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—
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(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 BENE-
FITS.—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 Immigra-
tion 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 naturaliza-
tion 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 cred-
itable 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 RE-
APPLICATION.—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 spon-
sor’s income and resources to an alien in determining the
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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 Immigra-
tion 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 symp-
toms 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 pub-
lic or private nonprofit agencies; (B) do not condition the provi-
sion 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