§ 1601. Statements of national policy concerning
welfare and immigration
The Congress makes the following statements
concerning national policy with respect to wel-
fare and immigration:
(1) Self-sufficiency has been a basic principle
of United States immigration law since this
country’s earliest immigration statutes.
(2) It continues to be the immigration policy
of the United States that—
(A) aliens within the Nation’s borders not
depend on public resources to meet their
needs, but rather rely on their own capabili-
ties and the resources of their families, their
sponsors, and private organizations, and
(B) the availability of public benefits not
constitute an incentive for immigration to
the United States.
(3) Despite the principle of self-sufficiency,
aliens have been applying for and receiving
public benefits from Federal, State, and local
governments at increasing rates.
(4) Current eligibility rules for public assist-
ance and unenforceable financial support
agreements have proved wholly incapable of
assuring that individual aliens not burden the
public benefits system.
(5) It is a compelling government interest to
enact new rules for eligibility and sponsorship
agreements in order to assure that aliens be
self-reliant in accordance with national immi-
gration policy.
(6) It is a compelling government interest to
remove the incentive for illegal immigration
provided by the availability of public benefits.
(7) With respect to the State authority to
make determinations concerning the eligi-
bility of qualified aliens for public benefits in
this chapter, a State that chooses to follow
the Federal classification in determining the
eligibility of such aliens for public assistance
shall be considered to have chosen the least
restricti
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Page 560
TITLE 8—ALIENS AND NATIONALITY
§ 1601
Sec.
1644.
Communication between State and local gov-
ernment agencies and Immigration and
Naturalization Service.
1645.
Qualifying quarters.
1646.
Derivative eligibility for benefits.
§ 1601. Statements of national policy concerning
welfare and immigration
The Congress makes the following statements
concerning national policy with respect to wel-
fare and immigration:
(1) Self-sufficiency has been a basic principle
of United States immigration law since this
country’s earliest immigration statutes.
(2) It continues to be the immigration policy
of the United States that—
(A) aliens within the Nation’s borders not
depend on public resources to meet their
needs, but rather rely on their own capabili-
ties and the resources of their families, their
sponsors, and private organizations, and
(B) the availability of public benefits not
constitute an incentive for immigration to
the United States.
(3) Despite the principle of self-sufficiency,
aliens have been applying for and receiving
public benefits from Federal, State, and local
governments at increasing rates.
(4) Current eligibility rules for public assist-
ance and unenforceable financial support
agreements have proved wholly incapable of
assuring that individual aliens not burden the
public benefits system.
(5) It is a compelling government interest to
enact new rules for eligibility and sponsorship
agreements in order to assure that aliens be
self-reliant in accordance with national immi-
gration policy.
(6) It is a compelling government interest to
remove the incentive for illegal immigration
provided by the availability of public benefits.
(7) With respect to the State authority to
make determinations concerning the eligi-
bility of qualified aliens for public benefits in
this chapter, a State that chooses to follow
the Federal classification in determining the
eligibility of such aliens for public assistance
shall be considered to have chosen the least
restrictive means available for achieving the
compelling governmental interest of assuring
that aliens be self-reliant in accordance with
national immigration policy.
(Pub. L. 104–193, title IV, § 400, Aug. 22, 1996, 110
Stat. 2260.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in par. (7), was in the origi-
nal ‘‘this title’’ meaning title IV of Pub. L. 104–193,
Aug. 22, 1996, 110 Stat. 2260, which enacted this chapter,
section 1183a of this title, and sections 611a and 1437y of
Title 42, The Public Health and Welfare, amended sec-
tion 1383 of this title, sections 32 and 6213 of Title 26, In-
ternal Revenue Code, and sections 1436a and 1471 of
Title 42, and enacted provisions set out as notes under
section 1183a of this title and section 32 of Title 26. For
complete classification of title IV to the Code, see Ta-
bles.
Statutory Notes and Related Subsidiaries
SHORT TITLE OF 2008 AMENDMENT
Pub. L. 110–328, § 1, Sept. 30, 2008, 122 Stat. 3567, pro-
vided that: ‘‘This Act [amending section 1612 of this
title and sections 3304, 6103, and 6402 of Title 26, Inter-
nal Revenue Code, and enacting provisions set out as a
note under section 3304 of Title 26] may be cited as the
‘SSI Extension for Elderly and Disabled Refugees
Act’.’’
SUBCHAPTER I—ELIGIBILITY FOR
FEDERAL BENEFITS
§ 1611. Aliens who are not qualified aliens ineli-
gible for Federal public benefits
(a) In general
Notwithstanding any other provision of law
and except as provided in subsection (b), an
alien who is not a qualified alien (as defined in
section 1641 of this title) is not eligible for any
Federal public benefit (as defined in subsection
(c)).
(b) Exceptions
(1) Subsection (a) shall not apply with respect
to the following Federal public benefits:
(A) Medical assistance under title XIX of the
Social Security Act [42 U.S.C. 1396 et seq.] (or
any successor program to such title) for care
and services that are necessary for the treat-
ment of an emergency medical condition (as
defined in section 1903(v)(3) of such Act [42
U.S.C. 1396b(v)(3)]) of the alien involved and
are not related to an organ transplant proce-
dure, if the alien involved otherwise meets the
eligibility requirements for medical assistance
under the State plan approved under such title
(other than the requirement of the receipt of
aid or assistance under title IV of such Act [42
U.S.C. 601 et seq.], supplemental security in-
come benefits under title XVI of such Act [42
U.S.C. 1381 et seq.], or a State supplementary
payment).
(B) Short-term, non-cash, in-kind emergency
disaster relief.
(C) Public health assistance (not including
any assistance under title XIX of the Social
Security Act [42 U.S.C. 1396 et seq.]) for immu-
nizations with respect to immunizable dis-
eases and for testing and treatment of symp-
toms of communicable diseases whether or not
such symptoms are caused by a communicable
disease.
(D) Programs, services, or assistance (such
as soup kitchens, crisis counseling and inter-
vention, and short-term shelter) specified by
the Attorney General, in the Attorney Gen-
eral’s sole and unreviewable discretion after
consultation with appropriate Federal agen-
cies and departments, which (i) deliver in-kind
services at the community level, including
through public or private nonprofit agencies;
(ii) do not condition the provision of assist-
ance, the amount of assistance provided, or
the cost of assistance provided on the indi-
vidual recipient’s income or resources; and
(iii) are necessary for the protection of life or
safety.
(E) Programs for housing or community de-
velopment assistance or financial assistance
administered by the Secretary of Housing and
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section, act Aug. 14, 1935, ch. 531, title XVI, § 1604, as added July 25, 1962, Pub. L. 87–543, title I, § 141(a), 76 Stat. 204, related to operation of State plans, prior to the general revision of this subchapter by Pub. L. 92–603, Oct. 30, 1972, 86 Stat. 1465, eff. Jan. 1, 1974.
#### Puerto Rico, Guam, and Virgin Islands
Enactment of subchapter XVI of the Social Security Act [this subchapter] by Pub. L. 92–603, eff. Jan. 1, 1974, was not applicable to Puerto Rico, Guam, and the Virgin Islands. See section 303(b) of Pub. L. 92–603, set out as a note under [section 301 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section301&num=0&edition=prelim). Therefore, as to Puerto Rico, Guam, and the Virgin Islands, section 1604 of the Social Security Act [this section] as it existed prior to reenactment of this subchapter by Pub. L. 92–603 continues to apply and reads as follows:
§ 1384. Operation of State plans
If the Commissioner of Social Security, after reasonable notice and opportunity for hearing to the State agency administering or supervising the administration of the State plan approved under this subchapter, finds—
(1) that the plan has been so changed that it no longer complies with the provisions of [section 1332 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1332&num=0&edition=prelim); or
(2) that in the administration of the plan there is a failure to comply substantially with any such provision;
the Commissioner of Social Security shall notify such State agency that further payments will not be made to the State (or, in the Commissioner’s discretion, that payments will be limited to categories under or parts of the State plan not affected
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 1381. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 1381. Statement of purpose; authorization of ap-
propriations
For the purpose of establishing a national pro-
gram to provide supplemental security income
to individuals who have attained age 65 or are
blind or disabled, there are authorized to be ap-
propriated sums sufficient to carry out this sub-
chapter.
(Aug. 14, 1935, ch. 531, title XVI, § 1601, as added
Pub. L. 92–603, title III, § 301, Oct. 30, 1972, 86
Stat. 1465.)
Editorial Notes
PRIOR PROVISIONS
A prior section 1381, act Aug. 14, 1935, ch. 531, title
XVI, § 1601, as added July 25, 1962, Pub. L. 87–543, title
I, § 141(a), 76 Stat. 197, authorized appropriations for
grants to States for aid to aged, blind, or disabled, and
for medical assistance for aged, prior to the general
amendment of title XVI of the Social Security Act by
Pub. L. 92–603, § 301, but is set out as a note below in
view of its continued applicability to Puerto Rico,
Guam, and the Virgin Islands.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Pub. L. 92–603, title III, § 301, Oct. 30, 1972, 86 Stat.
1465, provided that this section is effective Jan. 1, 1974.
CONTINUATION
OF
FEDERAL
FINANCIAL
PARTICIPATION
IN
EXPERIMENTAL,
PILOT,
OR
DEMONSTRATION
PROJECTS APPROVED BEFORE OCTOBER 1973, FOR PE-
RIOD ON-AND-AFTER DECEMBER 31, 1973, WITHOUT DE-
NIAL
OR
REDUCTION
ON
ACCOUNT
OF
SUBCHAPTER
XVI PROVISIONS; WAIVER
OF SUBCHAPTER XVI RE-
STRICTIONS FOR INDIVIDUALS; FEDERAL PAYMENTS OF
NON-FEDERAL SHARE AS SUPPLEMENTARY PAYMENTS
Subchapter provisions without effect on Federal Fi-
nancial Participation in Experimental, Pilot or Dem-
onstration Projects approved before Oct. 1, 1973, for pe-
riod on-and-after Dec. 31, 1973, see section 11 of Pub. L.
93–233, Dec. 31, 1973, 87 Stat. 958, set out as a note under
section
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 1381. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment** There is hereby established the Medicaid and CHIP Payment and Access Commission (in this section referred to as “MACPAC”).
**(b) Duties**
(1) **Review of access policies for all States and annual reports** — MACPAC shall—
(A) review policies of the Medicaid program established under this subchapter (in this section referred to as “Medicaid”) and the State Children’s Health Insurance Program established under subchapter XXI (in this section referred to as “CHIP”) affecting access to covered items and services, including topics described in paragraph (2);
(B) make recommendations to Congress, the Secretary, and States concerning such access policies;
(C) by not later than March 15 of each year (beginning with 2010), submit a report to Congress containing the results of such reviews and MACPAC’s recommendations concerning such policies; and
(D) by not later than June 15 of each year (beginning with 2010), submit a report to Congress containing an examination of issues affecting Medicaid and CHIP, including the implications of changes in health care delivery in the United States and in the market for health care services on such programs.
(2) **Specific topics to be reviewed** — Specifically, MACPAC shall review and assess the following:
(A) *Medicaid and CHIP payment policies* — Payment policies under Medicaid and CHIP, including—
(i) the factors affecting expenditures for the efficient provision of items and services in different sectors, including the process for updating payments to medical, dental, and health professionals, hospitals, residential and long-term care providers, providers of home and community based services, Federally-qualified health centers and rural health clinics, managed care entities, and providers of ot
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 1396. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 1396. Medicaid and CHIP Payment and Access
Commission
(a) Establishment
There is hereby established the Medicaid and
CHIP Payment and Access Commission (in this
section referred to as ‘‘MACPAC’’).
(b) Duties
(1) Review of access policies for all States and
annual reports
MACPAC shall—
(A) review policies of the Medicaid pro-
gram established under this subchapter (in
this section referred to as ‘‘Medicaid’’) and
the State Children’s Health Insurance Pro-
gram established under subchapter XXI (in
this section referred to as ‘‘CHIP’’) affecting
access to covered items and services, includ-
ing topics described in paragraph (2);
(B) make recommendations to Congress,
the Secretary, and States concerning such
access policies;
(C) by not later than March 15 of each year
(beginning with 2010), submit a report to
Congress containing the results of such re-
views and MACPAC’s recommendations con-
cerning such policies; and
(D) by not later than June 15 of each year
(beginning with 2010), submit a report to
Congress
containing
an
examination
of
issues affecting Medicaid and CHIP, includ-
ing the implications of changes in health
care delivery in the United States and in the
market for health care services on such pro-
grams.
(2) Specific topics to be reviewed
Specifically, MACPAC shall review and as-
sess the following:
(A) Medicaid and CHIP payment policies
Payment policies under Medicaid and
CHIP, including—
(i) the factors affecting expenditures for
the efficient provision of items and serv-
ices in different sectors, including the
process for updating payments to medical,
dental, and health professionals, hospitals,
residential and long-term care providers,
providers of home and community based
services, Federally-qualified health ce
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 1396. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Computation of amount** From the sums appropriated therefor, the Secretary (except as otherwise provided in this section) shall pay to each State which has a plan approved under this subchapter, for each quarter, beginning with the quarter commencing January 1, 1966—
(1) an amount equal to the Federal medical assistance percentage (as defined in [section 1396d(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396d/b&num=0&edition=prelim), subject to subsections (g) and (j) of this section and [section 1396r–4(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396r–4/f&num=0&edition=prelim)) of the total amount expended during such quarter as medical assistance under the State plan; plus
(2)
(A) an amount equal to 75 per centum of so much of the sums expended during such quarter (as found necessary by the Secretary for the proper and efficient administration of the State plan) as are attributable to compensation or training of skilled professional medical personnel, and staff directly supporting such personnel, of the State agency or any other public agency; plus
(B) notwithstanding paragraph (1) or subparagraph (A), with respect to amounts expended for nursing aide training and competency evaluation programs, and competency evaluation programs, described in [section 1396r(e)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396r/e/1&num=0&edition=prelim) (including the costs for nurse aides to complete such competency evaluation programs), regardless of whether the programs are provided in or outside nursing facilities or of the skill of the personnel involved in such programs, an amount equal to 50 percent (or, for calendar
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 1396b. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 1396b. Payment to States
(a) Computation of amount
From the sums appropriated therefor, the Sec-
retary (except as otherwise provided in this sec-
Page 4127
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1396b
1 So in original. Probably should be ‘‘a quality improvement
organization’’.
tion) shall pay to each State which has a plan
approved under this subchapter, for each quar-
ter, beginning with the quarter commencing
January 1, 1966—
(1) an amount equal to the Federal medical
assistance percentage (as defined in section
1396d(b) of this title, subject to subsections (g)
and (j) of this section and section 1396r–4(f) of
this title) of the total amount expended during
such quarter as medical assistance under the
State plan; plus
(2)(A) an amount equal to 75 per centum of
so much of the sums expended during such
quarter (as found necessary by the Secretary
for the proper and efficient administration of
the State plan) as are attributable to com-
pensation or training of skilled professional
medical personnel, and staff directly sup-
porting such personnel, of the State agency or
any other public agency; plus
(B) notwithstanding paragraph (1) or sub-
paragraph (A), with respect to amounts ex-
pended for nursing aide training and com-
petency evaluation programs, and competency
evaluation programs, described in section
1396r(e)(1) of this title (including the costs for
nurse aides to complete such competency eval-
uation programs), regardless of whether the
programs are provided in or outside nursing
facilities or of the skill of the personnel in-
volved in such programs, an amount equal to
50 percent (or, for calendar quarters beginning
on or after July 1, 1988, and before October 1,
1990, the lesser of 90 percent or the Federal
medical assist
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 1396b. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The purpose of this part is to increase the flexibility of States in operating a program designed to—
(1) provide assistance to needy families so that children may be cared for in their own homes or in the homes of relatives;
(2) end the dependence of needy parents on government benefits by promoting job preparation, work, and marriage;
(3) prevent and reduce the incidence of out-of-wedlock pregnancies and establish annual numerical goals for preventing and reducing the incidence of these pregnancies; and
(4) encourage the formation and maintenance of two-parent families.
**(b) No individual entitlement** This part shall not be interpreted to entitle any individual or family to assistance under any State program funded under this part.
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 601. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 601. Purpose
(a) In general
The purpose of this part is to increase the
flexibility of States in operating a program de-
signed to—
(1) provide assistance to needy families so
that children may be cared for in their own
homes or in the homes of relatives;
(2) end the dependence of needy parents on
government benefits by promoting job prepa-
ration, work, and marriage;
(3) prevent and reduce the incidence of out-
of-wedlock pregnancies and establish annual
numerical goals for preventing and reducing
the incidence of these pregnancies; and
(4) encourage the formation and mainte-
nance of two-parent families.
(b) No individual entitlement
This part shall not be interpreted to entitle
any individual or family to assistance under any
State program funded under this part.
(Aug. 14, 1935, ch. 531, title IV, § 401, as added
Pub. L. 104–193, title I, § 103(a)(1), Aug. 22, 1996,
110 Stat. 2112; amended Pub. L. 105–33, title V,
§ 5514(c), Aug. 5, 1997, 111 Stat. 620.)
Editorial Notes
PRIOR PROVISIONS
A prior section 601, acts Aug. 14, 1935, ch. 531, title IV,
§ 401, 49 Stat. 627; 1946 Reorg. Plan No. 2, § 4, eff. July 16,
1946, 11 F.R. 7873, 60 Stat. 1095; 1953 Reorg. Plan No. 1,
§§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Aug.
1, 1956, ch. 836, title III, § 312(a), 70 Stat. 848; July 25,
1962, Pub. L. 87–543, title I, § 104(a)(4), (c)(2), 76 Stat. 185,
186; Jan. 2, 1968, Pub. L. 90–248, title II, § 241(b)(1), 81
Stat. 916, related to authorization of appropriations for
Aid to Families With Dependent Children program
prior to repeal by Pub. L. 104–193, § 103(a)(1), as amended
by Pub. L. 105–33, title V, § 5514(c), Aug. 5, 1997, 111 Stat.
620.
AMENDMENTS
1997—Pub. L. 105–33 made technical amendment to di-
rectory language of Pub. L.
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 601. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Notwithstanding any other provision of law, an alien who under the provisions of this chapter is ineligible for benefits under the food stamp program (as defined in [section 1612(a)(3)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1612/a/3/B&num=0&edition=prelim)) shall not be eligible for such benefits because the alien receives benefits under the supplemental security income program (as defined in [section 1612(a)(3)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1612/a/3/A&num=0&edition=prelim)).