Page:United States Statutes at Large Volume 110 Part 3.djvu/541

 PUBLIC LAW 104-193—AUG. 22, 1996 110 STAT. 2271 alien's eligibility and the amount of benefits for an alien, this section shall apply to any such determination beginning 180 days srfter the date of the enactment of this Act. SEC. 422. AUTHORITY FOR STATUS TO PROVTOE FOR ATTRIBUTION 8 USC 1632. OF SPONSORS INCOME AND RESOURCES TO THE ALIEN WITH RESPECT TO STATE PROGRAMS. (a) OPTIONAL APPLICATION TO STATE PROGRAMS.— Except as provided in subsection (b), in determining the eligibility and the amount of benefits of an alien for any State public benefits (as defined in section 412(c)), the State or political subdivision that offers the benefits is authorized to provide that the income and resources of the alien shall be deemed to include— (1) the income and resources of any individual who executed an affidavit of support pursuant to section 213A of the Immigration and Nationality Act (as added by section 423) on behalf of such alien, and (2) the income and resources of the spouse (if any) of the individual. (b) EXCEPTIONS.—Subsection (a) shall not apply with respect to the following State public benefits: (1) Assistance described in section 411(b)(1). (2) Short-term, non-cash, in-kind emergency disaster relief. (3) Programs comparable to assistance or benefits under the National School Lunch Act. (4) Programs comparable to assistance or benefits under the Child Nutrition Act of 1966. (5) Public health assistance 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. (6) Payments for foster care and adoption assistance. (7) Programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter) specified by the Attorney General of a State, after consultation with appropriate 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. SEC. 423. REQUIREMENTS FOR SPONSOR'S AFFIDAVIT OF SUPPORT. (a) IN GENERAL.— Title II of the Immigration and Nationality Act is amended by inserting after section 213 the following new section: "REQUIREMENTS FOR SPONSOR'S AFFIDAVIT OF SUPPORT "SEC 213A. (a) ENFORCEABILITY.— (1) No affidavit of support 8 USC ii83a. may be accepted by the Attorney General or by any consular officer to establish that an alien is not excludable as a public charge under section 212(a)(4) unless such affidavit is executed as a contract— "(A) which is legally enforceable against the sponsor by the sponsored alien, the Federal Government, and by any State (or any political subdivision of such State) which provides any

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