§ 1615. — Requirements relating to provision of benefits based on citizenship, alienage, or immigration status under the Richard B. Russell National School Lunch Act, the Child Nutrition Act of 1966, and certain other acts.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 8USC1615]
TITLE 8--ALIENS AND NATIONALITY
CHAPTER 14--RESTRICTING WELFARE AND PUBLIC BENEFITS FOR ALIENS
SUBCHAPTER I--ELIGIBILITY FOR FEDERAL BENEFITS
Sec. 1615. Requirements relating to provision of benefits based
on citizenship, alienage, or immigration status under the
Richard B. Russell National School Lunch Act, the Child
Nutrition Act of 1966, and certain other acts
(a) School lunch and breakfast programs
Notwithstanding any other provision of this Act, an individual who
is eligible to receive free public education benefits under State or
local law shall not be ineligible to receive benefits provided under the
school lunch program under the Richard B. Russell National School Lunch
Act (42 U.S.C. 1751 et seq.) or the school breakfast program under
section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) on the
basis of citizenship, alienage, or immigration status.
(b) Other programs
(1) In general
Nothing in this Act shall prohibit or require a State to provide
to an individual who is not a citizen or a qualified alien, as
defined in section 1641(b) of this title, benefits under programs
established under the provisions of law described in paragraph (2).
(2) Provisions of law described
The provisions of law described in this paragraph are the
following:
(A) Programs (other than the school lunch program and the
school breakfast program) under the Richard B. Russell National
School Lunch Act (42 U.S.C. 1751 et seq.) and the Child
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.).
(B) Section 4 of the Agriculture and Consumer Protection Act
of 1973 (7 U.S.C. 612c note).
(C) The Emergency Food Assistance Act of 1983 [7 U.S.C 7501
et seq.].
(D) The food distribution program on Indian reservations
established under section 2013(b) of title 7.
(Pub. L. 104-193, title VII, Sec. 742, Aug. 22, 1996, 110 Stat. 2307;
Pub. L. 106-78, title VII, Sec. 752(b)(6), Oct. 22, 1999, 113 Stat.
1169.)
References in Text
This Act, referred to in subsecs. (a) and (b)(1), is Pub. L. 104-
193, Aug. 22, 1996, 110 Stat. 2105, as amended, known as the ``Personal
Responsibility and Work Opportunity Reconciliation Act of 1996''. For
complete classification of this Act to the Code, see Short Title of 1996
Amendment note set out under section 1305 of Title 42, The Public Health
and Welfare, and Tables.
The Richard B. Russell National School Lunch Act, referred to in
subsecs. (a) and (b)(2)(A), is act June 4, 1946, ch. 281, 60 Stat. 230,
as amended, which is classified generally to chapter 13 (Sec. 1751 et
seq.) of Title 42. For complete classification of this Act to the Code,
see Short Title note set out under section 1751 of Title 42 and Tables.
The Child Nutrition Act of 1966, referred to in subsec. (b)(2)(A),
is Pub. L. 89-642, Oct. 11, 1966, 80 Stat. 885, as amended, which is
classified generally to chapter 13A (Sec. 1771 et seq.) of Title 42. For
complete classification of this Act to the Code, see Short Title note
set out under section 1771 of Title 42 and Tables.
Section 4 of the Agriculture and Consumer Protection Act of 1973,
referred to in subsec. (b)(2)(B), is section 4 of Pub. L. 93-86, which
is set out as a note under section 612c of Title 7, Agriculture.
The Emergency Food Assistance Act of 1983, referred to in subsec.
(b)(2)(C), is title II of Pub. L. 98-8, Mar. 24, 1983, 97 Stat. 35, as
amended, which is classified generally to chapter 102 (Sec. 7501 et
seq.) of Title 7, Agriculture. For complete classification of this Act
to the Code, see Short Title note set out under section 7501 of Title 7,
and Tables.
Codification
Section was enacted as part of title VII of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996, and not
as part of title IV of that Act which comprises this chapter.
Amendments
1999--Pub. L. 106-78 substituted ``Richard B. Russell National
School Lunch Act'' for ``National School Lunch Act'' in section
catchline and in two places in text.
