[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 8USC1612]
TITLE 8--ALIENS AND NATIONALITY
CHAPTER 14--RESTRICTING WELFARE AND PUBLIC BENEFITS FOR ALIENS
SUBCHAPTER I--ELIGIBILITY FOR FEDERAL BENEFITS
Sec. 1612. 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 1641 of this title) is not eligible for any
specified Federal program (as defined in paragraph (3)).
(2) Exceptions
(A) Time-limited exception for refugees and asylees
With respect to the specified Federal programs described in
paragraph (3), paragraph (1) shall not apply to an alien until 7
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 [8 U.S.C. 1157];
(ii) an alien is granted asylum under section 208 of
such Act [8 U.S.C. 1158];
(iii) an alien's deportation is withheld under section
243(h) of such Act [8 U.S.C. 1253] (as in effect immediately
before the effective date of section 307 of division C of
Public Law 104-208) or section 241(b)(3) of such Act [8
U.S.C. 1231(b)(3)] (as amended by section 305(a) of division
C of Public Law 104-208);
(iv) an alien is granted status as a Cuban and Haitian
entrant (as defined in section 501(e) of the Refugee
Education Assistance Act of 1980); or
(v) an alien is admitted to the United States as an
Amerasian immigrant pursuant to section 584 of the Foreign
Operations, Export Financing, and Related Programs
Appropriations Act, 1988 (as contained in section 101(e) of
Public Law 100-202 and amended by the 9th proviso under
migration and refugee assistance in title II of the Foreign
Operations, Export Financing, and Related Programs
Appropriations Act, 1989, Public Law 100-461, as amended).
(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 [8 U.S.C. 1101 et seq.]; and
(ii)(I) has worked 40 qualifying quarters of coverage as
defined under title II of the Social Security Act [42 U.S.C.
401 et seq.] or can be credited with such qualifying
quarters as provided under section 1645 of this title, and
(II) in the case 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 1613 of this title) 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, 1101, or 1301,
or as described in section 107 of title 38) with a discharge
characterized as an honorable discharge and not on account
of alienage and who fulfills the minimum active-duty service
requirements of section 5303A(d) of title 38,
(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) or the
unremarried surviving spouse of an individual described in
clause (i) or (ii) who is deceased if the marriage fulfills
the requirements of section 1304 of title 38.
(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 August 22, 1996, and ending on September
30, 1998, the Commissioner of Social Security shall
redetermine the eligibility of any individual who is
receiving benefits under such program as of August 22,
1996, 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
September 30, 1998.
(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), ineligibility under
paragraph (1) shall not apply until April 1, 1997, to an
alien who received benefits under such program on August
22, 1996, unless such alien is determined to be
ineligible to receive such benefits under the Food Stamp
Act of 1977 [7 U.S.C. 2011 et seq.]. The State agency
shall recertify the eligibility of all such aliens
during the period beginning April 1, 1997, and ending
August 22, 1997.
(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 August 22, 1996, the alien is
lawfully residing in any State and is receiving benefits
under such program on August 22, 1996.
(E) Aliens receiving SSI on August 22, 1996
With respect to eligibility for benefits for the program
defined in paragraph (3)(A) (relating to the supplemental
security income program), paragraph (1) shall not apply to an
alien who is lawfully residing in the United States and who was
receiving such benefits on August 22, 1996.
(F) Disabled aliens lawfully residing in the United States on
August 22, 1996
With respect to eligibility for benefits for the specified
Federal programs described in paragraph (3), paragraph (1) shall
not apply to an alien who--
(i) in the case of the specified Federal program
described in paragraph (3)(A)--
(I) was lawfully residing in the United States on
August 22, 1996; and
(II) is blind or disabled (as defined in paragraph
(2) or (3) of section 1614(a) of the Social Security Act
(42 U.S.C. 1382c(a))); and
(ii) in the case of the specified Federal program
described in paragraph (3)(B), is receiving benefits or
assistance for blindness or disability (within the meaning
of section 3(r) of the Food Stamp Act of 1977 (7 U.S.C.
2012(r))).
(G) Exception for certain Indians
With respect to eligibility for benefits for the specified
Federal programs described in paragraph (3), section 1611(a) of
this title and paragraph (1) shall not apply to any individual--
(i) who is an American Indian born in Canada to whom the
provisions of section 289 of the Immigration and Nationality
Act (8 U.S.C. 1359) apply; or
(ii) who is a member of an Indian tribe (as defined in
section 450b(e) of title 25).
(H) SSI exception for certain recipients on the basis of very
old applications
With respect to eligibility for benefits for the program
defined in paragraph (3)(A) (relating to the supplemental
security income program), paragraph (1) shall not apply to any
individual--
(i) who is receiving benefits under such program for
months after July 1996 on the basis of an application filed
before January 1, 1979; and
(ii) with respect to whom the Commissioner of Social
Security lacks clear and convincing evidence that such
individual is an alien ineligible for such benefits as a
result of the application of this section.
(I) Food stamp exception for certain elderly individuals
With respect to eligibility for benefits for the specified
Federal program described in paragraph (3)(B), paragraph (1)
shall not apply to any individual who on August 22, 1996--
(i) was lawfully residing in the United States; and
(ii) was 65 years of age or older.
(J) Food stamp exception for certain children
With respect to eligibility for benefits for the specified
Federal program described in paragraph (3)(B), paragraph (1)
shall not apply to any individualwho is under 18 years of age.
(K) Food stamp exception for certain Hmong and Highland Laotians
With respect to eligibility for benefits for the specified
Federal program described in paragraph (3)(B), paragraph (1)
shall not apply to--
(i) any individual who--
(I) is lawfully residing in the United States; and
(II) was a member of a Hmong or Highland Laotian
tribe at the time that the tribe rendered assistance to
United States personnel by taking part in a military or
rescue operation during the Vietnam era (as defined in
section 101 of title 38);
(ii) the spouse, or an unmarried dependent child, of
such an individual; or
(iii) the unremarried surviving spouse of such an
individual who is deceased.
(L) Food stamp exception for certain qualified aliens
With respect to eligibility for benefits for the specified
Federal program described in paragraph (3)(B), paragraph (1)
shall not apply to any qualified alien who has resided in the
United States with a status within the meaning of the term
``qualified alien'' for a period of 5 years or more beginning on
the date of the alien's entry into the United States.
(3) ``Specified Federal program'' defined
For purposes of this chapter, 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 [42 U.S.C. 1381 et seq.], including
supplementary payments pursuant to an agreement for Federal
administration under section 1616(a) of the Social Security Act
[42 U.S.C. 1382e(a)] 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 [7 U.S.C. 2012(h)].
(b) Limited eligibility for designated Federal programs
(1) In general
Notwithstanding any other provision of law and except as
provided in section 1613 of this title and paragraph (2), a State is
authorized to determine the eligibility of an alien who is a
qualified alien (as defined in section 1641 of this title) 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) Medicaid
With respect to the designated Federal program described
in paragraph (3)(C), paragraph (1) shall not apply to an
alien until 7 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 [8 U.S.C. 1157];
(II) an alien is granted asylum under section 208 of
such Act [8 U.S.C. 1158];
(III) an alien's deportation is withheld under
section 243(h) of such Act [8 U.S.C. 1253] (as in effect
immediately before the effective date of section 307 of
division C of Public Law 104-208) or section 241(b)(3)
of such Act [8 U.S.C. 1231(b)(3)] (as amended by section
305(a) of division C of Public Law 104-208);
(IV) an alien is granted status as a Cuban and
Haitian entrant (as defined in section 501(e) of the
Refugee Education Assistance Act of 1980); or
(V) an alien \1\ admitted to the United States as an
Amerasian immigrant as described in subsection
(a)(2)(A)(i)(V) \2\ of this section until 5 years after
the date of such alien's entry into the United States.
---------------------------------------------------------------------------
\1\ So in original. Probably should be ``alien is''.
\2\ See References in Text note below.
---------------------------------------------------------------------------
(ii) Other designated Federal programs
With respect to the designated Federal programs under
paragraph (3) (other than subparagraph (C)), 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 [8 U.S.C. 1157];
(II) an alien is granted asylum under section 208 of
such Act [8 U.S.C. 1158];
(III) an alien's deportation is withheld under
section 243(h) of such Act [8 U.S.C. 1253] (as in effect
immediately before the effective date of section 307 of
division C of Public Law 104-208) or section 241(b)(3)
of such Act [8 U.S.C. 1231(b)(3)] (as amended by section
305(a) of division C of Public Law 104-208);
(IV) an alien is granted status as a Cuban and
Haitian entrant (as defined in section 501(e) of the
Refugee Education Assistance Act of 1980); or
(V) an alien \1\ admitted to the United States as an
Amerasian immigrant as described in subsection
(a)(2)(A)(i)(V) \2\ of this section until 5 years after
the date of such alien's entry into the United States.
(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 [8 U.S.C. 1101 et seq.]; and
(ii)(I) has worked 40 qualifying quarters of coverage as
defined under title II of the Social Security Act [42 U.S.C.
401 et seq.] or can be credited with such qualifying
quarters as provided under section 1645 of this title, and
(II) in the case 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 1613 of this title) 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, 1101, or 1301,
or as described in section 107 of title 38) with a discharge
characterized as an honorable discharge and not on account
of alienage and who fulfills the minimum active-duty service
requirements of section 5303A(d) of title 38,
(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) or the
unremarried surviving spouse of an individual described in
clause (i) or (ii) who is deceased if the marriage fulfills
the requirements of section 1304 of title 38.
(D) Transition for those currently receiving benefits
An alien who on August 22, 1996, is lawfully residing in any
State and is receiving benefits under such program on August 22,
1996, shall continue to be eligible to receive such benefits
until January 1, 1997.
(E) Medicaid exception for certain Indians
With respect to eligibility for benefits for the program
defined in paragraph (3)(C) (relating to the medicaid program),
section 1611(a) of this title and paragraph (1) shall not apply
to any individual described in subsection (a)(2)(G) of this
section.
(F) Medicaid exception for aliens receiving SSI
An alien who is receiving benefits under the program defined
in subsection (a)(3)(A) of this section (relating to the
supplemental security income program) shall be eligible for
medical assistance under a State plan under title XIX of the
Social Security Act (42 U.S.C. 1396 et seq.) under the same
terms and conditions that apply to other recipients of benefits
under the program defined in such subsection.
(3) ``Designated Federal program'' defined
For purposes of this chapter, 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 [42 U.S.C. 601 et seq.].
(B) Social services block grant
The program of block grants to States for social services
under title XX of the Social Security Act [42 U.S.C. 1397 et
seq.].
(C) Medicaid
A State plan approved under title XIX of the Social Security
Act [42 U.S.C. 1396 et seq.], other than medical assistance
described in section 1611(b)(1)(A) of this title.
(Pub. L. 104-193, title IV, Sec. 402, Aug. 22, 1996, 110 Stat. 2262;
Pub. L. 104-208, div. C, title V, Sec. 510, Sept. 30, 1996, 110 Stat.
3009-673; Pub. L. 105-18, title II, Sec. 6005(a), June 12, 1997, 111
Stat. 191; Pub. L. 105-33, title V, Secs. 5301-5302(b), 5303(a), (b),
5304, 5305(b), 5306(a), (b), 5562, 5563, Aug. 5, 1997, 111 Stat. 597,
598, 600-602, 638; Pub. L. 105-185, title V, Secs. 503-508, June 23,
1998, 112 Stat. 578, 579; Pub. L. 107-171, title IV, Sec. 4401(a),
(b)(1), (c)(1), May 13, 2002, 116 Stat. 333.)
References in Text
Section 243 of such Act, referred to in subsecs. (a)(2)(A)(iii) and
(b)(2)(A)(i)(III), (ii)(III), is section 243 of act June 27, 1952, which
is classified to section 1253 of this title. Section 1253 of this title
was amended generally by Pub. L. 104-208, div. C, title III,
Sec. 307(a), Sept. 30, 1996, 110 Stat. 3009-612, and, as so amended, no
longer contains a subsec. (h). For effective date of section 307 of Pub.
L. 104-208, see section 309 of Pub. L. 104-208, set out as an Effective
Date of 1996 Amendments note under section 1101 of this title.
Section 501(e) of the Refugee Education Assistance Act of 1980,
referred to in subsecs. (a)(2)(A)(iv) and (b)(2)(A)(i)(IV), (ii)(IV), is
section 501(e) of Pub. L. 96-422, as amended, which is set out in a note
under section 1522 of this title.
Section 584 of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1988, as contained in section 101(e) of
Public Law 100-202, referred to in subsec. (a)(2)(A)(v), is section
101(e) [title V, Sec. 584] of Pub. L. 100-202, Dec. 22, 1987, 101 Stat.
1329-183, as amended, which is set out as an Amerasian Immigration note
under section 1101 of this title.
The 9th proviso under migration and refugee assistance in title II
of the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1989, Public Law 100-461, referred to in subsec.
(a)(2)(A)(v), is contained in Pub. L. 100-461, title II, Oct. 1, 1988,
102 Stat. 2268-15, as amended, which is set out as an Amerasian
Immigration note under section 1101 of this title.
The Immigration and Nationality Act, referred to in subsecs.
(a)(2)(B)(i) and (b)(2)(B)(i), is act June 27, 1952, ch. 477, 66 Stat.
163, as amended, which is classified principally to chapter 12
(Sec. 1101 et seq.) of this title. For complete classification of this
Act to the Code, see Short Title note set out under section 1101 of this
title and Tables.
The Social Security Act, referred to in subsecs. (a)(2)(B)(ii)(I),
(3)(A) and (b)(2)(B)(ii)(I), (F), (3), is act Aug. 14, 1935, ch. 531, 49
Stat. 620, as amended. Titles II, XVI, XIX, and XX of the Act are
classified generally to subchapters II (Sec. 401 et seq.), XVI
(Sec. 1381 et seq.), XIX (Sec. 1396 et seq.) and XX (Sec. 1397 et seq.),
respectively, of chapter 7 of Title 42, The Public Health and Welfare.
Part A of title IV of the Act is classified generally to part A
(Sec. 601 et seq.) of subchapter IV of chapter 7 of Title 42. For
complete classification of this Act to the Code, see section 1305 of
Title 42 and Tables.
The Food Stamp Act of 1977, referred to in subsec. (a)(2)(D)(ii)(I),
is Pub. L. 88-525, Aug. 31, 1964, 78 Stat. 703, as amended, which is
classified generally to chapter 51 (Sec. 2011 et seq.) of Title 7,
Agriculture. For complete classification of this Act to the Code, see
Short Title note set out under section 2011 of Title 7 and Tables.
Section 212(b) of Public Law 93-66, referred to in subsec.
(a)(3)(A), is set out as a note under section 1382 of Title 42, The
Public Health and Welfare.
Subsection (a)(2)(A)(i)(V) of this section, referred to in subsec.
(b)(2)(A)(i)(V), (ii)(V), was redesignated section 1612(a)(2)(A)(v) of
this title by Pub. L. 105-185, title V, Sec. 503(2), (3), June 23, 1998,
112 Stat. 578.
Amendments
2002--Subsec. (a)(2)(F). Pub. L. 107-171, Sec. 4401(a), added cl.
(i), substituted ``(ii) in the case'' for ``(II) in the case'', and
struck out former cls. (i) and (ii)(I) which read as follows:
``(i) was lawfully residing in the United States on August 22, 1996;
and
``(ii)(I) in the case of the specified Federal program described in
paragraph (3)(A), is blind or disabled, as defined in section 1614(a)(2)
or 1614(a)(3) of the Social Security Act; and''.
Subsec. (a)(2)(J). Pub. L. 107-171, Sec. 4401(b)(1), substituted
``who is under 18 years of age.'' for ``who--
``(i) was lawfully residing in the United States on August 22,
1996; and
``(ii) is under 18 years of age.''
Subsec. (a)(2)(L). Pub. L. 107-171, Sec. 4401(c)(1), added subpar.
(L).
1998--Subsec. (a)(2)(A). Pub. L. 105-185, Sec. 503, struck out cl.
(i) designation and heading after subpar. (A) heading, substituted
``programs described in paragraph (3)'' for ``program described in
paragraph (3)(A)'' in introductory provisions, redesignated subcls. (I)
to (V) as cls. (i) to (v), respectively, and realigned their margins,
and struck out heading and text of former cl. (ii) which related to
eligibility of certain aliens for the food stamp program.
Subsec. (a)(2)(F). Pub. L. 105-185, Sec. 504(1), substituted
``specified Federal programs described in paragraph (3)'' for ``program
defined in paragraph (3)(A) (relating to the supplemental security
income program)'' in introductory provisions.
Subsec. (a)(2)(F)(ii). Pub. L. 105-185, Sec. 504(2), designated
existing provisions as subcl. (I), inserted ``in the case of the
specified Federal program described in paragraph (3)(A),'' before ``is
blind'', substituted ``; and'' for period at end, and added subcl. (II).
Subsec. (a)(2)(G). Pub. L. 105-185, Sec. 505, substituted
``Exception'' for ``SSI exception'' in subpar. heading and ``specified
Federal programs described in paragraph (3)'' for ``program defined in
paragraph (3)(A) (relating to the supplemental security income
program)'' in introductory provisions.
Subsec. (a)(2)(I). Pub. L. 105-185, Sec. 506, added subpar. (I).
Subsec. (a)(2)(J). Pub. L. 105-185, Sec. 507, added subpar. (J).
Subsec. (a)(2)(K). Pub. L. 105-185, Sec. 508, added subpar. (K).
1997--Subsec. (a)(2)(A). Pub. L. 105-33, Sec. 5302(a), amended
heading and text of subpar. (A) generally. Prior to amendment, text read
as follows: ``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.''
Subsec. (a)(2)(A)(i)(III). Pub. L. 105-33, Sec. 5562, substituted
``section 243(h) of such Act (as in effect immediately before the
effective date of section 307 of division C of Public Law 104-208) or
section 241(b)(3) of such Act (as amended by section 305(a) of division
C of Public Law 104-208)'' for ``section 243(h) of such Act''.
Subsec. (a)(2)(A)(i)(V). Pub. L. 105-33, Sec. 5306(a)(1), added
subcl. (V).
Subsec. (a)(2)(A)(ii)(III). Pub. L. 105-33, Sec. 5562, substituted
``section 243(h) of such Act (as in effect immediately before the
effective date of section 307 of division C of Public Law 104-208) or
section 241(b)(3) of such Act (as amended by section 305(a) of division
C of Public Law 104-208)'' for ``section 243(h) of such Act''.
Subsec. (a)(2)(A)(ii)(V). Pub. L. 105-33, Sec. 5306(a)(2), added
subcl. (V).
Subsec. (a)(2)(C)(i). Pub. L. 105-33, Sec. 5563(c), inserted ``,
1101, or 1301, or as described in section 107'' after ``section 101''.
Pub. L. 105-33, Sec. 5563(a), inserted ``and who fulfills the
minimum active-duty service requirements of section 5303A(d) of title
38'' after ``alienage''.
Subsec. (a)(2)(C)(iii). Pub. L. 105-33, Sec. 5563(b), inserted
before period at end ``or the unremarried surviving spouse of an
individual described in clause (i) or (ii) who is deceased if the
marriage fulfills the requirements of section 1304 of title 38''.
Subsec. (a)(2)(D)(i)(I). Pub. L. 105-33, Sec. 5301(c)(1),
substituted ``September 30, 1998,'' for ``September 30, 1997,''.
Pub. L. 105-18, Sec. 6005(a)(1), substituted ``September 30, 1997''
for ``the date which is 1 year after August 22, 1996''.
Subsec. (a)(2)(D)(i)(III). Pub. L. 105-33, Sec. 5301(c)(2),
substituted ``September 30, 1998'' for ``September 30, 1997,''.
Pub. L. 105-18, Sec. 6005(a)(2), substituted ``September 30, 1997,''
for ``the date of the redetermination with respect to such individual''.
Subsec. (a)(2)(E). Pub. L. 105-33, Sec. 5301(a), added subpar. (E).
Subsec. (a)(2)(F). Pub. L. 105-33, Sec. 5301(b), added subpar. (F).
Subsec. (a)(2)(G). Pub. L. 105-33, Sec. 5303(a), added subpar. (G).
Subsec. (a)(2)(H). Pub. L. 105-33, Sec. 5304, added subpar. (H).
Subsec. (b)(2)(A). Pub. L. 105-33, Sec. 5302(b), amended heading and
text of subpar. (A) generally. Prior to amendment, text read as follows:
``(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.''
Subsec. (b)(2)(A)(i)(III). Pub. L. 105-33, Sec. 5562, substituted
``section 243(h) of such Act (as in effect immediately before the
effective date of section 307 of division C of Public Law 104-208) or
section 241(b)(3) of such Act (as amended by section 305(a) of division
C of Public Law 104-208)'' for ``section 243(h) of such Act''.
Subsec. (b)(2)(A)(i)(V). Pub. L. 105-33, Sec. 5306(b)(1), added
subcl. (V).
Subsec. (b)(2)(A)(ii)(III). Pub. L. 105-33, Sec. 5562, substituted
``section 243(h) of such Act (as in effect immediately before the
effective date of section 307 of division C of Public Law 104-208) or
section 241(b)(3) of such Act (as amended by section 305(a) of division
C of Public Law 104-208)'' for ``section 243(h) of such Act''.
Subsec. (b)(2)(A)(ii)(V). Pub. L. 105-33, Sec. 5306(b)(2), added
subcl. (V).
Subsec. (b)(2)(C)(i). Pub. L. 105-33, Sec. 5563(c), inserted ``,
1101, or 1301, or as described in section 107'' after ``section 101''.
Pub. L. 105-33, Sec. 5563(a), inserted ``and who fulfills the
minimum active-duty service requirements of section 5303A(d) of title
38'' after ``alienage''.
Subsec. (b)(2)(C)(iii). Pub. L. 105-33, Sec. 5563(b), inserted
before period at end ``or the unremarried surviving spouse of an
individual described in clause (i) or (ii) who is deceased if the
marriage fulfills the requirements of section 1304 of title 38''.
Subsec. (b)(2)(E). Pub. L. 105-33, Sec. 5303(b), added subpar. (E).
Subsec. (b)(2)(F). Pub. L. 105-33, Sec. 5305(b), added subpar. (F).
1996--Subsec. (a)(2)(D)(ii)(I). Pub. L. 104-208 amended subcl. (I)
generally. Prior to amendment, subcl. (I) read as follows: ``With
respect to the specified Federal program described in paragraph (3)(B),
during the period beginning on August 22, 1996, and ending on the date
which is 1 year after August 22, 1996, 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 August 22, 1996, and
whose eligibility for such benefits may terminate by reason of the
provisions of this subsection.''
Effective Date of 2002 Amendment
Amendment by section 4401(a) of Pub. L. 107-171 effective Oct. 1,
2002, except as otherwise provided, see section 4405 of Pub. L. 107-171,
set out as an Effective Date note under section 1161 of Title 2, The
Congress.
Amendment by section 4401(b)(1) of Pub. L. 107-171 effective Oct. 1,
2003, see section 4401(b)(3) of Pub. L. 107-171, set out as a note under
section 2014 of Title 7, Agriculture.
Pub. L. 107-171, title IV, Sec. 4401(c)(2), May 13, 2002, 116 Stat.
334, provided that: ``The amendment made by paragraph (1) [amending this
section] takes effect on April 1, 2003.''
Effective Date of 1998 Amendment
Pub. L. 105-185, title V, Sec. 510(b), June 23, 1998, 112 Stat. 580,
provided that: ``The amendments made by sections 503 through 509
[amending this section and section 1613 of this title] take effect on
November 1, 1998.''
Effective Date of 1997 Amendments
Section 5308 of title V of Pub. L. 105-33 provided that: ``Except as
otherwise provided, the amendments made by this subtitle [subtitle D
(Secs. 5301-5308) of title V of Pub. L. 105-33, enacting sections 1625
and 1646 of this title and amending this section and sections 1613,
1622, and 1641 of this title] shall be effective as if included in the
enactment of title IV of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 [Pub. L. 104-193].''
Amendment by sections 5562 and 5563 of Pub. L. 105-33 effective as
if included in the enactment of title IV of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996, Pub. L. 104-193, see
