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is unable to so comply without amending the State constitu-
tion until the earlier of—
(1) 1 year after the effective date of the necessary
State constitutional amendment; or
(2) 5 years after the date of the enactment of this
Act.
(d) CONFORMING AMENDMENTS.—
(1) The following provisions are amended by
striking ‘‘absent’’ each place it appears and inserting
‘‘noncustodial’’:
(A) Section 451 (42 U.S.C. 651).
(B) Subsections (a)(1), (a)(8), (a)(10)(E),
(a)(10)(F), (f), and (h) of section 452 (42 U.S.C.
652).
(C) Section 453(f) (42 U.S.C. 653(f)).
(D) Paragraphs (8), (13), and (21)(A) of
section 454 (42 U.S.C. 654).
(E) Section 455(e)(1) (42 U.S.C. 655(e)(1)).
(F) Section 458(a) (42 U.S.C. 658(a)).
(G) Subsections (a), (b), and (c) of section
463 (42 U.S.C. 663).
(H) Subsections (a)(3)(A), (a)(3)(C), (a)(6),
and (a)(8)(B)(ii), the last sentence of subsection
(a), 
and 
subsections 
(b)(1), 
(b)(3)(B),
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(b)(3)(B)(i), (b)(6)(A)(i), (b)(8), (b)(9), and (e)
of section 466 (42 U.S.C. 666).
(2) The following provisions are amended by
striking ‘‘an absent’’ each place it appears and insert-
ing ‘‘a noncustodial’’:
(A) Paragraphs (2) and (3) of section
453(c) (42 U.S.C. 653(c)).
(B) Subparagraphs (B) and (C) of section
454(9) (42 U.S.C. 654(9)).
(C) 
Section 
456(a)(3) 
(42 
U.S.C.
656(a)(3)).
(D) 
Subsections 
(a)(3)(A), 
(a)(6),
(a)(8)(B)(i), (b)(3)(A), and (b)(3)(B) of section
466 (42 U.S.C. 666).
(E) Paragraphs (2) and (4) of section
469(b) (42 U.S.C. 669(b)).
CHAPTER 4—RESTRICTING WELFARE AND
PUBLIC BENEFITS FOR ALIENS
SEC. 2400. STATEMENTS OF NATIONAL POLICY CONCERN-
ING WELFARE AND IMMIGRATION.
The Congress makes the following statements concern-
ing national policy with respect to welfare and immigra-
tion:
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(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 agree-
ments in order to assure that aliens be self-reliant in
accordance with national immigration policy.
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(6) It is a compelling government interest to re-
move 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 deter-
mining the eligibility of such aliens for public assist-
ance shall be considered to have chosen the least re-
strictive means available for achieving the compelling
governmental interest of assuring that aliens be self-
reliant in accordance with national immigration pol-
icy.
Subchapter A—Eligibility for Federal Benefits
SEC. 2401. ALIENS WHO ARE NOT QUALIFIED ALIENS INELI-
GIBLE FOR FEDERAL PUBLIC BENEFITS.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law and except as provided in subsection (b), an
alien who is not a qualified alien (as defined in section
2431) is not eligible for any Federal public benefit (as de-
fined in subsection (c)).
(b) EXCEPTIONS.—
(1) Subsection (a) shall not apply with respect
to the following Federal public benefits:
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(A) Emergency medical services under title
XV or XIX of the Social Security Act.
(B) Short-term, non-cash, in-kind emer-
gency disaster relief.
(C)(i) Public health assistance for immuni-
zations.
(ii) Public health assistance for testing and
treatment of a communicable disease if the Sec-
retary of Health and Human Services deter-
mines that it is necessary to prevent the spread
of such disease.
(D) Programs, services, or assistance (such
as soup kitchens, crisis counseling and interven-
tion, and short-term shelter) specified by the At-
torney General, in the Attorney General’s sole
and unreviewable discretion after consultation
with appropriate Federal agencies and depart-
ments, 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 assist-
ance 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.
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(E) Programs for housing or community de-
velopment assistance or financial assistance ad-
ministered 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 Se-
curity 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 chapter the term ‘‘Federal public ben-
efit’’ means—
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Attorney General, after consultation with the
Secretary of State.
SEC. 2402. 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 2431) is not eligible for any specified Federal
program (as defined in paragraph (3)).
(2) EXCEPTIONS.—
(A) TIME-LIMITED EXCEPTION FOR REFU-
GEES 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—
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(i) is lawfully admitted to the United
States for permanent residence under the
Immigration and Nationality Act; and
(ii)(I) has worked 40 qualifying quar-
ters 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) did not receive
any Federal means-tested public benefit (as
defined in section 2403(c)) during any such
quarter.
(C) VETERAN
AND
ACTIVE
DUTY
EXCEP-
TION.—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 dis-
charge characterized as an honorable dis-
charge 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 depend-
ent child of an individual described in
clause (i) or (ii).
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(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 en-
actment, the Commissioner of Social
Security shall redetermine the eligi-
bility of any individual who is receiv-
ing 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 provi-
sions of this subsection.
(II) 
REDETERMINATION
CRI-
TERIA.—With respect to any redeter-
mination under subclause (I), the
Commissioner of Social Security shall
apply the eligibility criteria for new
applicants for benefits under such pro-
gram.
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(III) 
GRANDFATHER
PROVI-
SION.—The provisions of this sub-
section and the redetermination under
subclause (I), shall only apply with re-
spect 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
January 1, 1997, the Commissioner of
Social Security shall notify an indi-
vidual 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 eligi-
bility of any individual who is receiv-
ing benefits under such program as of
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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
CRI-
TERIA.—With respect to any recertifi-
cation under subclause (I), the State
agency shall apply the eligibility cri-
teria for applicants for benefits under
such program.
(III) 
GRANDFATHER
PROVI-
SION.—The provisions of this sub-
section and the recertification under
subclause (I) shall only apply with re-
spect 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 chapter, the term ‘‘specified Fed-
eral program’’ means any of the following:
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(A) SSI.—The supplemental security in-
come program under title XVI of the Social Se-
curity Act, including supplementary payments
pursuant to an agreement for Federal adminis-
tration under section 1616(a) of the Social Secu-
rity Act and payments pursuant to an agree-
ment entered into under section 212(b) of Public
Law 93–66.
(B) FOOD STAMPS.—The food stamp pro-
gram 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
2403 and paragraph (2), a State is authorized to de-
termine the eligibility of an alien who is a qualified
alien (as defined in section 2431) 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 REFU-
GEES AND ASYLEES.—
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(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 quar-
ters of coverage as defined under title II of
the Social Security Act or can be credited
with such qualifying quarters as provided
under section 2435, and (II) did not receive
any Federal means-tested public benefit (as
defined in section 2403(c)) during any such
quarter.
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(C) VETERAN
AND
ACTIVE
DUTY
EXCEP-
TION.—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 dis-
charge characterized as an honorable dis-
charge 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 depend-
ent 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 bene-
fits until January 1, 1997.
(3) 
DESIGNATED
FEDERAL
PROGRAM
DE-
FINED.—For purposes of this chapter, the term ‘‘des-
ignated Federal program’’ means any of the follow-
ing:
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(A) TEMPORARY
ASSISTANCE
FOR
NEEDY
FAMILIES.—The program of block grants to
States for temporary assistance for needy fami-
lies under part A of title IV of the Social Secu-
rity Act.
(B) SOCIAL SERVICES BLOCK GRANT.—The
program of block grants to States for social serv-
ices under title XX of the Social Security Act.
(C) MEDICAID.—The program of medical
assistance under title XV and XIX of the Social
Security Act.
SEC. 2403. FIVE-YEAR LIMITED ELIGIBILITY OF QUALIFIED
ALIENS FOR FEDERAL MEANS-TESTED PUB-
LIC BENEFIT.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law and except as provided in subsection (b), an
alien who is a qualified alien (as defined in section 2431)
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 (as defined in subsection (c)) for
a period of five years beginning on the date of the alien’s
entry into the United States with a status within the mean-
ing of the term ‘‘qualified alien’’.
(b) EXCEPTIONS.—The limitation under subsection (a)
shall not apply to the following aliens:
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(1) EXCEPTION FOR REFUGEES AND ASYLEES.—
(A) An alien who is admitted to the United
States as a refugee under section 207 of the Im-
migration 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) FEDERAL MEANS-TESTED PUBLIC BENEFIT DE-
FINED.—Such term does not include the following:
(1) Emergency medical services under title XV or
XIX of the Social Security Act.
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(2) Short-term, non-cash, in-kind emergency dis-
aster relief.
(3) Assistance or benefits under the National
School Lunch Act.
(4) Assistance or benefits under the Child Nutri-
tion Act of 1966.
(5)(A) Public health assistance for immuniza-
tions.
(B) Public health assistance for testing and
treatment of a communicable disease if the Secretary
of Health and Human Services determines that it is
necessary to prevent the spread of such disease.
(6) Payments for foster care and adoption assist-
ance under part E of title IV of the Social Security
Act for a child who would, in the absence of sub-
section (a), be eligible to have such payments made on
the child’s behalf under such part, but only if the fos-
ter or adoptive parent or parents of such child are not
described under subsection (a).
(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 dis-
cretion after consultation with appropriate Federal
agencies and departments, which (i) deliver in-kind
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services at the community level, including through
public or private nonprofit agencies; (ii) do not con-
dition the provision of assistance, the amount of as-
sistance 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.
(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) Means-tested programs under the Elementary
and Secondary Education Act of 1965.
SEC. 2404. NOTIFICATION AND INFORMATION REPORTING.
(a) NOTIFICATION.—Each Federal agency that admin-
isters a program to which section 2401, 2402, or 2403 ap-
plies shall, directly or through the States, post information
and provide general notification to the public and to pro-
gram recipients of the changes regarding eligibility for any
such program pursuant to this subchapter.
(b) INFORMATION REPORTING UNDER TITLE IV OF
THE SOCIAL SECURITY ACT.—Part A of title IV of the So-
cial Security Act, as amended by section 2103(a) of this
Act, is amended by inserting the following new section after
section 411:
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Subchapter B—Eligibility for State and Local
Public Benefits Programs
SEC. 2411. ALIENS WHO ARE NOT QUALIFIED ALIENS OR
NONIMMIGRANTS 
INELIGIBLE 
FOR 
STATE
AND LOCAL PUBLIC BENEFITS.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law and except as provided in subsections (b) and
(d), an alien who is not—
(1) a qualified alien (as defined in section 2431),
(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 de-
fined in subsection (c)).
(b) EXCEPTIONS.—Subsection (a) shall not apply with
respect to the following State or local public benefits:
(1) Emergency medical services under title XV or
XIX of the Social Security Act.
(2) Short-term, non-cash, in-kind emergency dis-
aster relief.
(3)(A) Public health assistance for immuniza-
tions.
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(B) Public health assistance for testing and
treatment of a communicable disease if the Secretary
of Health and Human Services determines that it is
necessary to prevent the spread of such 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 dis-
cretion 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 con-
dition the provision of assistance, the amount of as-
sistance 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 paragraph (2), for
purposes of this subchapter 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 ap-
propriated funds of a State or local government;
and
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(B) any retirement, welfare, health, disabil-
ity, public or assisted housing, postsecondary
education, food assistance, unemployment bene-
fit, or any other similar benefit for which pay-
ments or assistance are provided to an individ-
ual, household, or family eligibility unit by an
agency of a State or local government or by ap-
propriated 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.
(d) STATE AUTHORITY TO PROVIDE FOR ELIGIBILITY
OF ILLEGAL ALIENS FOR STATE AND LOCAL PUBLIC BENE-
FITS.—A State may provide that an alien who is not law-
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fully 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 enact-
ment of a State law after the date of the enactment of this
Act which affirmatively provides for such eligibility.
SEC. 2412. STATE AUTHORITY TO LIMIT ELIGIBILITY OF
QUALIFIED ALIENS FOR STATE PUBLIC BENE-
FITS.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law and except as provided in subsection (b), a State
is authorized to determine the eligibility for any State pub-
lic benefits (as defined in subsection (c) of an alien who
is a qualified alien (as defined in section 2431), 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 sub-
section 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 Im-
migration and Nationality Act until 5 years
after the date of an alien’s entry into the United
States.
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(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 withholding.
(2) CERTAIN PERMANENT RESIDENT ALIENS.—
An alien who—
(A) is lawfully admitted to the United
States for permanent residence under the Immi-
gration 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 quali-
fying quarters as provided under section 2435,
and (ii) did not receive any Federal means-test-
ed public benefit (as defined in section 2403(c))
during any such quarter.
(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,
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HR 3734 EAS
(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 RECEIV-
ING BENEFITS.—An alien who on the date of the en-
actment 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.
Subchapter C—Attribution of Income and
Affidavits of Support
SEC. 2421. FEDERAL ATTRIBUTION OF SPONSOR’S INCOME
AND RESOURCES TO ALIEN.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, in determining the eligibility and the amount
of benefits of an alien for any Federal means-tested public
benefits program (as defined in section 2403(c)), 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