Page:United States Statutes at Large Volume 110 Part 3.djvu/538

 110 STAT. 2268 PUBLIC LAW 104-193—AUG. 22, 1996 Subtitle B—Eligibility for State and Local Public Benefits Programs 8 USC 1621. SEC. 411. ALIENS WHO ARE NOT QUALIFIED ALIENS OR NON- IMMIGRANTS INELIGIBLE FOR STATE AND LOCAL PUB- LIC BENEFITS. (a) IN GENERAL.— Notwithstanding any other provision of law and except as provided in subsections (b) and (d), an aHen who is not— (1) a quaUfied alien (as defined in section 431), (2) a nonimmigrant under the Immigration and Nationality Act, or (3) an alien who is paroled into the United States under section 212(d)(5) of such Act for less than one year, is not eligible for any State or local public benefit (as defined in subsection (c)). (b) EXCEPTIONS.— Subsection (a) shall not apply with respect to the following State or local public benefits: (1) Assistance for health care items and services that are necessary for the treatment of an emergency medical condition (as defined in section 1903(v)(3) of the Social Security Act) of the alien involved and are not related to an organ transplant procedure. (2) Short-term, non-cash, in-kind emergency disaster relief. (3) Public health assistance for immunizations with respect to immunizable diseases and for testing and treatment of S3anptoms of communicable diseases whether or not such S3anptoms are caused by a communicable 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 appropriate Federal agencies and departments, which (A) deliver in-kind services at the community level, including through public or private nonprofit agencies; (B) 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 (C) are necessary for the protection of life or safety. (c) STATE OR LOCAL PUBLIC BENEFIT DEFINED. — (1) Except as provided in paragraphs (2) and (3), for purposes of this subtitle the term "State or local public benefit" means— (A) any grant, contract, loan, professional license, or commercial license provided by an agency of a State or local government or by appropriated funds of a State or local government; and (B) any retirement, welfare, health, disability, public or assisted housing, postsecondary education, food assistance, unemployment benefit, or any other similar benefit for which pa3mients or assistance are provided to an individual, household, or family eligibility unit by an agency of a State or local government or by appropriated funds of a State or local government. (2) Such term shall not apply—

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