amounts collected as support on behalf of a family, 
the amount designated as the monthly support obli-
gation of the noncustodial parent in the order re-
quiring the support.’’. 
(c) BAN ON RECOVERY OF MEDICAID COSTS FOR 
CERTAIN BIRTHS.— 
(1) IN GENERAL.—Section 454 (42 U.S.C. 654) 
as amended by subsection (b)(1)(B) of this section, 
is amended— 
(A) by striking ‘‘and’’ at the end of para-
graph (33); 
(B) by striking the period at the end of 
paragraph (34) and inserting ‘‘; and’’; and 
(C) by inserting after paragraph (34) the 
following: 
‘‘(35) provide that the State shall not use the 
State program operated under this part to collect 
any amount owed to the State by reason of costs in-
curred under the State plan approved under title 
XIX for the birth of a child for whom support rights 
have been assigned pursuant to section 408(a)(3), 
471(a)(17), or 1912.’’. 
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) shall take effect on October 1, 
2006.
(d) STATE OPTION TO DISCONTINUE PRE-1997 SUP-
PORT ASSIGNMENTS.—Section 457(b) (42 U.S.C. 657(b)) 
is amended by striking ‘‘shall’’ and inserting ‘‘may’’. 
(e) CONFORMING AMENDMENTS.—Section 404(a) 
(42 U.S.C. 604(a)) is amended— 
(1) by striking ‘‘or’’ at the end of paragraph 
(1); 
(2) by striking the period at the end of para-
graph (2) and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(3) to fund payment of an amount pursuant to 
clause (i) or (ii) of section 457(a)(2)(B), but only to 
the extent that the State properly elects under sec-
tion 457(a)(6) to use the grant to fund the pay-
ment.’’. 
(f) EFFECTIVE DATE.— 
(1) IN GENERAL.—Except as provided in sub-
section (c)(2), the amendments made by this section 
shall take effect on October 1, 2009, and shall apply 
to payments under parts A and D of title IV of the 
Social Security Act for calendar quarters beginning 
on or after such date, and without regard to whether 
regulations to implement such amendments (in the 
case of State programs operated under such part D) 
are promulgated by such date.
(2) STATE OPTION TO ACCELERATE EFFECTIVE 
DATE.—A State may elect to have the amendments 
made by this section apply to the State and to 
amounts collected by the State, on and after such 
date as the State may select that is after the date 
of enactment of this Act and before October 1, 
2009. 
TITLE VI—FAIRNESS FOR LEGAL 
IMMIGRANTS 
SEC. 601. TREATMENT OF ALIENS UNDER THE TANF PRO-
GRAM. 
(a) EXCEPTION TO 5-YEAR BAN FOR QUALIFIED 
ALIENS.—Section 403(c)(2) of the Personal Responsi-
bility and Work Opportunity Reconciliation Act of 1996 
(8 U.S.C. 1613(c)(2)) is amended by adding at the end 
the following: 
‘‘(M) Benefits under the Temporary As-
sistance for Needy Families program described 
in section 402(b)(3)(A).’’. 
(b) BENEFITS NOT SUBJECT TO REIMBURSEMENT.— 
Section 423(d) of the Personal Responsibility and Work 
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1138a 
note) is amended by adding at the end the following: 
‘‘(12) Benefits under part A of title IV of the 
Social Security Act except for cash assistance pro-
vided to a sponsored alien who is subject to deeming 
pursuant to section 408(j) of the Social Security 
Act.’’. 
(c) TREATMENT
OF
ALIENS.—Section 408 (42 
U.S.C. 608), as amended by sections 107 and 108 of this 
Act, is further amended by adding at the end the fol-
lowing: 
‘‘(j) SPECIAL RULES RELATING TO THE TREATMENT 
OF 213A ALIENS.— 
‘‘(1) IN GENERAL.—In determining whether a 
213A alien is eligible for cash assistance under a 
State program funded under this part, and in deter-
mining the amount or types of such assistance to be 
provided to the alien, the State shall apply the rules 
of paragraphs (1), (2), (3), (5), and (6) of sub-
section (f) of this section by substituting ‘213A’ for 
‘non-213A’ each place it appears, subject to section 
421(e) of the Personal Responsibility and Work Op-
portunity Reconciliation Act of 1996, and subject to 
section 421(f) of such Act (which shall be applied by 
substituting ‘section 408(j) of the Social Security 
Act’ for ‘subsection (a)’). 
‘‘(2) 213a alien defined.—An alien is a 213A 
alien for purposes of this subsection if the affidavit 
of support or similar agreement with respect to the
alien that was executed by the sponsor of the alien’s 
entry into the United States was executed pursuant 
to section 213A of the Immigration and Nationality 
Act.’’. 
(d) EFFECTIVE DATE AND APPLICABILITY.— 
(1) EFFECTIVE DATE.—The amendments made 
by this section shall take effect October 1, 2005. 
(2) APPLICABILITY.—The amendments made 
by this section shall apply to benefits provided on or 
after the effective date of this section. 
SEC. 602. OPTIONAL COVERAGE OF LEGAL IMMIGRANTS 
UNDER THE MEDICAID PROGRAM AND SCHIP. 
(a) MEDICAID
PROGRAM.—Section 1903(v) (42 
U.S.C. 1396b(v)) is amended— 
(1) in paragraph (1), by striking ‘‘paragraph 
(2)’’ and inserting ‘‘paragraphs (2) and (4)’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(4)(A) A State may elect (in a plan amendment 
under this title) to provide medical assistance under this 
title, notwithstanding sections 401(a), 402(b), 403, and 
421 of the Personal Responsibility and Work Opportunity 
Reconciliation Act of 1996, for aliens who are lawfully re-
siding in the United States (including battered aliens de-
scribed in section 431(c) of such Act) and who are other-
wise eligible for such assistance, within either or both of 
the following eligibility categories: 
‘‘(i) PREGNANT WOMEN.—Women during preg-
nancy (and during the 60-day period beginning on 
the last day of the pregnancy). 
‘‘(ii) CHILDREN.—Children (as defined under 
such plan), including optional targeted low-income 
children described in section 1905(u)(2)(B). 
‘‘(B) In the case of a State that has elected to provide 
medical assistance to a category of aliens under subpara-
graph (A), no debt shall accrue under an affidavit of sup-
port against any sponsor of such an alien on the basis 
of provision of assistance to such category and the cost 
of such assistance shall not be considered as an unreim-
bursed cost.’’. 
(b) 
SCHIP.—Section 
2107(e)(1) 
(42 
U.S.C. 
1397gg(e)(1)) as amended by section 803 of the Medicare, 
Medicaid, and SCHIP Benefits Improvement and Protec-
tion Act of 2000, as enacted into law by section 1(a)(6) 
of Public Law 106–554, is amended by redesignating sub-
paragraphs (C) and (D) as subparagraph (D) and (E), 
respectively, and by inserting after subparagraph (B) the 
following new subparagraph: 
‘‘(C) Section 1903(v)(4) (relating to op-
tional coverage of categories of permanent resi-
dent alien children), but only if the State has 
elected to apply such section to the category of 
children under title XIX.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section take effect on October 1, 2005, and apply to 
medical assistance and child health assistance furnished 
on or after such date. 
SEC. 603. ELIGIBILITY OF DISABLED CHILDREN WHO ARE 
QUALIFIED ALIENS FOR SSI. 
(a) IN GENERAL.—Section 402(a)(2) of the Personal 
Responsibility and Work Opportunity Reconciliation Act 
of 1996 (8 U.S.C. 1612(a)(2)) is amended by inserting 
after subparagraph (K) the following new subparagraph: 
‘‘(L) SSI EXCEPTION FOR DISABLED CHIL-
DREN.—With respect to eligibility for benefits 
for the specified Federal program described in 
paragraph (3)(A), paragraph (1) shall not apply 
to a child who is considered disabled for pur-
poses of the supplemental security income pro-
gram under title XVI of the Social Security 
Act.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
this section shall take effect on October 1, 2005, and apply 
to benefits furnished on or after such date.
SEC. 604. SSI EXTENSION FOR HUMANITARIAN IMMI-
GRANTS. 
Section 402(a)(2) of the Personal Responsibility and 
Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 
1612(a)(2)) is amended by adding at the end the fol-
lowing: 
‘‘(M) TWO-YEAR SSI EXTENSION THROUGH 
FISCAL YEAR 2008.— 
‘‘(i) IN
GENERAL.—With respect to 
eligibility for benefits for the specified Fed-
eral program described in paragraph 
(3)(A), the 7-year period described in sub-
paragraph (A) shall be deemed to be a 9- 
year period during fiscal years 2005 
through 2008. 
‘‘(ii) 
ALIENS
WHOSE
BENEFITS 
CEASED IN PRIOR FISCAL YEARS.— 
‘‘(I) IN GENERAL.—Beginning on 
the date of the enactment of the 
Work, Family, and Opportunity Pro-
motion Act, any qualified alien ren-
dered ineligible for the specified Fed-
eral program described in paragraph 
(3)(A) during fiscal years prior to fis-
cal year 2005 solely by reason of the 
termination of the 7-year period de-
scribed in subparagraph (A) shall be 
eligible for such program for an addi-
tional 2-year period in accordance 
with this subparagraph, if such alien 
meets all other eligibility factors 
under title XVI of the Social Security 
Act. 
‘‘(II) PAYMENT OF BENEFITS.— 
Benefits paid under subparagraph (I) 
shall be paid prospectively over the 
duration of the qualified alien’s re-
newed eligibility.’’. 
TITLE VII—MISCELLANEOUS 
PROVISIONS 
SEC. 701. CLARIFICATION OF AUTHORITY OF STATES TO 
USE TANF FUNDS CARRIED OVER FROM 
PRIOR YEARS TO PROVIDE TANF BENEFITS 
AND SERVICES. 
Section 404(e) (42 U.S.C. 604(e)) is amended— 
(1) in the subsection heading, by striking ‘‘AS-
SISTANCE’’ and inserting ‘‘BENEFITS OR SERVICES’’; 
and 
(2) after the heading, by striking ‘‘assistance’’ 
and inserting ‘‘any benefit or service that may be 
provided’’.
SEC. 702. DEFINITION OF ASSISTANCE. 
(a) IN GENERAL.—Section 419 (42 U.S.C. 619) is 
amended by adding at the end the following: 
‘‘(6) ASSISTANCE.— 
‘‘(A) IN GENERAL.—The term ‘assistance’ 
means payment, by cash, voucher, or other 
means, to or for an individual or family for the 
purpose of meeting a subsistence need of the in-
dividual or family (including food, clothing, 
shelter, and related items, but not including 
costs of transportation or child care). 
‘‘(B) EXCEPTION.—The term ‘assistance’ 
does not include a payment described in sub-
paragraph (A) to or for an individual or family 
on a short-term, nonrecurring basis (as defined 
by the State).’’. 
(b) CONFORMING AMENDMENTS.— 
(1) Section 404(a)(1) (42 U.S.C. 604(a)(1)) is 
amended by striking ‘‘assistance’’ and inserting 
‘‘aid’’. 
(2) Section 404(f) (42 U.S.C. 604(f)) is amend-
ed by striking ‘‘assistance’’ and inserting ‘‘benefits 
or services’’. 
(3) 
Section 
408(a)(5)(B)(i) 
(42 
U.S.C. 
608(a)(5)(B)(i)) is amended in the heading by strik-
ing ‘‘assistance’’ and inserting ‘‘aid’’.
SEC. 703. CONTINUATION OF PRE-WELFARE REFORM WAIV-
ERS. 
Section 415 (42 U.S.C. 615) is amended by adding 
at the end the following: 
‘‘(c) CONTINUATION
OF WAIVERS APPROVED
OR 
SUBMITTED BEFORE DATE OF ENACTMENT OF WELFARE 
REFORM.—Notwithstanding subsection (a), with respect 
to any State that is operating under a waiver described 
in subsection (a) which would otherwise expire on a date 
that occurs in the period that begins on September 30, 
2002, and ends on September 30, 2008, the State may 
elect to continue to operate under the waiver, on the same 
terms and conditions as applied to the waiver on the day 
before such date, through September 30, 2010.’’. 
SEC. 704. MAINTENANCE OF EFFORT. 
(a) INCLUSION
OF CHILD SUPPORT ARREARAGES 
DISTRIBUTED TO FAMILIES NO LONGER RECEIVING AS-
SISTANCE.—Section 
409(a)(7)(B)(i) 
(42 
U.S.C. 
609(a)(7)(B)(i)) is amended— 
(1) 
in 
subclause 
(I)(aa), 
by 
striking 
‘‘457(a)(1)(B)’’ and inserting ‘‘457(a)(1)’’; and 
(2) by adding at the end the following: 
‘‘(V) 
PORTIONS
OF
CERTAIN 
CHILD
SUPPORT
PAYMENTS
COL-
LECTED ON BEHALF OF AND DISTRIB-
UTED TO FAMILIES NO LONGER RE-
CEIVING
ASSISTANCE.—Any amount 
paid by a State pursuant to section 
457(a)(2)(B), but only to the extent 
that the State properly elects under 
section 457(a)(6) to have the payment 
considered a qualified State expendi-
ture.’’. 
(b) 
REAUTHORIZATION.—Section 
409(a)(7) 
(42 
U.S.C. 609(a)(7)) is amended— 
(1) in subparagraph (A) by striking ‘‘1998’’ 
and all that follows through ‘‘2006’’ and inserting 
‘‘2006, 2007, 2008, 2009, or 2010’’; and 
(2) in subparagraph (B)(ii)— 
(A) by striking ‘‘for fiscal years 1997 
through 2005,’’; and 
(B) by inserting ‘‘preceding’’ before ‘‘fiscal 
year’’. 
SEC. 705. FUNDING FOR TRIBAL TANF PROGRAMS. 
Section 412(a)(1)(A) (42 U.S.C. 612(a)(1)(A)) is 
amended by striking ‘‘1997’’ and all that follows through 
‘‘2003’’ and inserting ‘‘2005 through 2010’’. 
SEC. 706. FUNDING FOR FAMILIES ASSISTED BY A TERRI-
TORY PROGRAM. 
(a) INCREASE IN MANDATORY CEILING AMOUNT.— 
Section 1108(c)(4) (42 U.S.C. 1308(c)(4)) is amended—