H. R. 3734—155
‘‘(3) shall monitor, evaluate, and report on such programs
in accordance with regulations prescribed by the Secretary.’’.
Subtitle J—Effective Dates and
Conforming Amendments
SEC. 395. EFFECTIVE DATES AND CONFORMING AMENDMENTS.
(a) IN GENERAL.—Except as otherwise specifically provided (but
subject to subsections (b) and (c))—
(1) the provisions of this title requiring the enactment
or amendment of State laws under section 466 of the Social
Security Act, or revision of State plans under section 454 of
such Act, shall be effective with respect to periods beginning
on and after October 1, 1996; and
(2) all other provisions of this title shall become effective
upon the date of the enactment of this Act.
(b) GRACE PERIOD FOR STATE LAW CHANGES.—The provisions
of this title shall become effective with respect to a State on the
later of—
(1) the date specified in this title, or
(2) the effective date of laws enacted by the legislature
of such State implementing such provisions,
but in no event later than the 1st day of the 1st calendar quarter
beginning after the close of the 1st regular session of the State
legislature that begins after the date of the enactment of this
Act. For purposes of the previous sentence, in the case of a State
that has a 2-year legislative session, each year of such session
shall be deemed to be a separate regular session of the State
legislature.
(c) GRACE PERIOD FOR STATE CONSTITUTIONAL AMENDMENT.—
A State shall not be found out of compliance with any requirement
enacted by this title if the State is unable to so comply without
amending the State constitution 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 sub-
sections (b)(1), (b)(3)(B), (b)(3)(B)(i), (b)(6)(A)(i), (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 inserting ‘‘a noncustodial’’:
H. R. 3734—156
(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)).
TITLE IV—RESTRICTING WELFARE AND
PUBLIC BENEFITS FOR ALIENS
SEC. 400. STATEMENTS OF NATIONAL POLICY CONCERNING WELFARE
AND IMMIGRATION.
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 immigra-
tion 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 determina-
tions concerning the eligibility of qualified aliens for public
benefits in this title, 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 govern-
mental interest of assuring that aliens be self-reliant in accord-
ance with national immigration policy.
H. R. 3734—157
Subtitle A—Eligibility for Federal Benefits
SEC. 401. ALIENS WHO ARE NOT QUALIFIED ALIENS INELIGIBLE FOR
FEDERAL PUBLIC BENEFITS.
(a) IN GENERAL.—Notwithstanding any other provision of law
and except as provided in subsection (b), an alien who is not
a qualified alien (as defined in section 431) is not eligible for
any Federal public benefit (as defined in subsection (c)).
(b) EXCEPTIONS.—
(1) Subsection (a) shall not apply with respect to the fol-
lowing Federal public benefits:
(A) Medical assistance under title XIX of the Social
Security Act (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) 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, supplemental
security income benefits under title XVI of such Act, or
a State supplementary payment).
(B) Short-term, non-cash, in-kind emergency disaster
relief.
(C) Public health assistance (not including any assist-
ance under title XIX of the Social Security Act) 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 consulta-
tion 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 Sec-
retary 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 sec-
tion 233 of the Social Security Act, to any benefit if nonpayment
would be contrary to section 202(t) of the Social Security Act,
H. R. 3734—158
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 title 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 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. 402. 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 431) is not eligible
for any specified Federal program (as defined in para-
graph (3)).
(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 or can be credited with such qualifying quarters
as provided under section 435, and (II) in the case
H. R. 3734—159
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.
(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
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).
(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 enactment, the
Commissioner of Social Security shall redetermine
the eligibility of any individual who is receiving
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
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 bene-
fits under such program.
(III) GRANDFATHER
PROVISION.—The provi-
sions of this subsection and the redetermination
under subclause (I), shall only apply with respect
to the benefits of an individual described in sub-
clause (I) for months beginning on or after the
date of the redetermination with respect to such
individual.
(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),
during the period beginning on the date of enact-
ment 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 eligibility of any individual who is
receiving benefits under such program as of the
date of enactment of this Act and whose eligibility
H. R. 3734—160
for such benefits may terminate by reason of the
provisions of this subsection.
(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 provi-
sions 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 recertifi-
cation, 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 title, 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, including supple-
mentary payments pursuant to an agreement for Federal
administration under section 1616(a) of the Social Security
Act 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.
(b) 
LIMITED
ELIGIBILITY
FOR
DESIGNATED
FEDERAL
PROGRAMS.—
(1) IN GENERAL.—Notwithstanding any other provision of
law and except as provided in section 403 and paragraph (2),
a State is authorized to determine the eligibility of an alien
who is a qualified alien (as defined in section 431) 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) 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 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
H. R. 3734—161
beginning after December 31, 1996, did not receive
any Federal means-tested public benefit (as provided
under section 403) during any such period.
(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
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).
(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 title, 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.—A State plan approved under title XIX
of the Social Security Act, other than medical assistance
described in section 401(b)(1)(A).
SEC. 403. 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 subsections (b), (c), and (d), an alien
who is a qualified alien (as defined in section 431) 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
for a period of 5 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—
H. R. 3734—162
(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) APPLICATION
OF TERM FEDERAL MEANS-TESTED PUBLIC
BENEFIT.—
(1) The limitation under subsection (a) shall not apply
to assistance or benefits under paragraph (2).
(2) Assistance and benefits under this paragraph are as
follows:
(A) Medical assistance described in section 401(b)(1)(A).
(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) Public health assistance (not including any assist-
ance under title XIX of the Social Security Act) 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.
(F) Payments for foster care and adoption assistance
under parts B and E of title IV of the Social Security
Act for a parent or a child who would, in the absence
of subsection (a), be eligible to have such payments made
on the child’s behalf under such part, but only if the foster
or adoptive parent (or parents) of such child is a qualified
alien (as defined in section 431).
(G) 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 consulta-
tion 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.
(H) 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.
(I) Means-tested programs under the Elementary and
Secondary Education Act of 1965.
(J) Benefits under the Head Start Act.
(K) Benefits under the Job Training Partnership Act.
(d) SPECIAL RULE FOR REFUGEE AND ENTRANT ASSISTANCE FOR
CUBAN AND HAITIAN ENTRANTS.—The limitation under subsection
(a) shall not apply to refugee and entrant assistance activities,
authorized by title IV of the Immigration and Nationality Act
and section 501 of the Refugee Education Assistance Act of 1980,
H. R. 3734—163
for Cuban and Haitian entrants as defined in section 501(e)(2)
of the Refugee Education Assistance Act of 1980.
SEC. 404. NOTIFICATION AND INFORMATION REPORTING.
(a) NOTIFICATION.—Each Federal agency that administers a
program to which section 401, 402, or 403 applies shall, directly
or through the States, post information and provide general notifica-
tion to the public and to program recipients of the changes regarding
eligibility for any such program pursuant to this subtitle.
(b) INFORMATION REPORTING UNDER TITLE IV OF THE SOCIAL
SECURITY ACT.—Part A of title IV of the Social Security Act is
amended by inserting the following new section after section 411:
‘‘SEC. 411A. STATE REQUIRED TO PROVIDE CERTAIN INFORMATION.
‘‘Each State to which a grant is made under section 403 shall,
at least 4 times annually and upon request of the Immigration
and Naturalization Service, furnish the Immigration and Natu-
ralization Service with the name and address of, and other identify-
ing information on, any individual who the State knows is unlaw-
fully in the United States.’’.
(c) SSI.—Section 1631(e) of such Act (42 U.S.C. 1383(e)) is
amended—
(1) by redesignating the paragraphs (6) and (7) inserted
by sections 206(d)(2) and 206(f)(1) of the Social Security
Independence and Programs Improvement Act of 1994 (Public
Law 103–296; 108 Stat. 1514, 1515) as paragraphs (7) and
(8), respectively; and
(2) by adding at the end the following new paragraph:
‘‘(9) Notwithstanding any other provision of law, the Commis-
sioner shall, at least 4 times annually and upon request of the
Immigration and Naturalization Service (hereafter in this para-
graph referred to as the ‘Service’), furnish the Service with the
name and address of, and other identifying information on, any
individual who the Commissioner knows is unlawfully in the United
States, and shall ensure that each agreement entered into under
section 1616(a) with a State provides that the State shall furnish
such information at such times with respect to any individual
who the State knows is unlawfully in the United States.’’.
(d) INFORMATION REPORTING FOR HOUSING PROGRAMS.—Title
I of the United States Housing Act of 1937 (42 U.S.C. 1437 et
seq.) is amended by adding at the end the following new section:
‘‘SEC. 27. PROVISION OF INFORMATION TO LAW ENFORCEMENT AND
OTHER AGENCIES.
‘‘Notwithstanding any other provision of law, the Secretary
shall, at least 4 times annually and upon request of the Immigration
and Naturalization Service (hereafter in this section referred to
as the ‘Service’), furnish the Service with the name and address
of, and other identifying information on, any individual who the
Secretary knows is unlawfully in the United States, and shall
ensure that each contract for assistance entered into under section
6 or 8 of this Act with a public housing agency provides that
the public housing agency shall furnish such information at such
times with respect to any individual who the public housing agency
knows is unlawfully in the United States.’’.