H. R. 2491—818
(B) Public health assistance for testing and treatment of
a serious 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 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.
(5) Programs for housing or community development assist-
ance 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.
(c) FEDERAL PUBLIC BENEFIT DEFINED.—
(1) Except as provided in paragraph (2), for purposes of
this subtitle, the term ‘‘Federal public benefit’’ means a Federal
public benefit providing direct spending for—
(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, post-secondary 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 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 agree-
ments is required to pay benefits, as determined by the
Attorney General, after consultation with the Secretary
of State.
SEC. 12402. LIMITED ELIGIBILITY OF CERTAIN 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 12431) is not eligible
for any specified Federal program (as defined in paragraph
(3)).
H. R. 2491—819
(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 sec-
tion 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 cov-
erage as defined under title II of the Social Security
Act, and (II) did not receive any Federal means-tested
public benefit (as defined in section 12403(c)) during
any such quarter.
(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 train-
ing) 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.—Paragraph (1) shall apply to the eligibility of
an alien for a program for months beginning on or after
January 1, 1997, if, on the date of the enactment of this
Act, the alien is lawfully residing in any State and is
receiving benefits under such program on the date of the
enactment of this Act.
(3) SPECIFIED FEDERAL PROGRAM DEFINED.—For purposes
of this subtitle, 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.
(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
PRO-
GRAMS.—
(1) IN GENERAL.—Notwithstanding any other provision of
law and except as provided in section 12403 and paragraph
(2), a State is authorized to determine the eligibility of an
alien who is a qualified alien (as defined in section 12431)
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.
H. R. 2491—820
(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 cov-
erage to be a fully insured individual for old-age retire-
ment benefits under title II of the Social Security Act,
(II) did not receive any Federal means-tested public
benefit (as defined in section 12403(c)) during any such
quarter, and (III) at the time of application is otherwise
eligible for such benefits.
(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 train-
ing) 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 subtitle, 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 AND MEDIGRANT.—The program of medi-
cal assistance under title XIX and XXI of the Social Security
Act.
H. R. 2491—821
SEC. 12403. 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 subsection (b), an alien who is a qualified
alien (as defined in section 12431) 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 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) FEDERAL MEANS-TESTED PUBLIC BENEFIT DEFINED.—
(1) Except as provided in paragraph (2), for purposes of
this subtitle, the term ‘‘Federal means-tested public benefit’’
means a Federal public benefit providing direct spending
(including cash, medical, housing, and food assistance and social
services) by the Federal Government in which the eligibility
of an individual, household, or family eligibility unit for bene-
fits, or the amount of such benefits, or both are determined
on the basis of income, resources, or financial need of the
individual, household, or unit.
(2) Such term does not include the following:
(A) Emergency medical services under title XIX or
XXI of the Social Security Act.
(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)(i) Public health assistance for immunizations.
(ii) Public health assistance for testing and treatment
of a serious communicable disease if the Secretary of Health
and Human Services determines that it is necessary to
prevent the spread of such disease.
(F) Payments for foster care and adoption assistance
under part B of title IV of the Social Security Act for
a child who would, in the absence of subsection (a), be
eligible to have such payments made on the child’s behalf