LIMITED ELIGIBILITY OF QUALIFIED ALIENS FOR CERTAIN FEDERAL PROGRAMS.

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 paragraph (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 section 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 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 110 STAT. 2263of 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 benefits under such program. (III) Grandfather provision.— The provisions of this subsection and the redetermination under subclause (I), shall only apply with respect 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 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 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 eligibility of any individual who is receiving benefits under such program as of the date of enactment of this Act and whose eligibility 110 STAT. 2264for 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 provisions 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 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 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 supplementary 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 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 110 STAT. 2265beginning 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).