(1) Subsection (a) of this section 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 treatment 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 procedure, 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 income 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 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.
(D) Programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter) specified by the Attorney General, in the Attorney Generals sole and unreviewable discretion after consultation with appropriate Federal agencies and departments, which
(i) deliver in-kind services at the community level, including through public or private
nonprofit">
nonprofit agencies;
(ii) do not condition the provision of assistance, the amount of assistance provided, or the cost of assistance provided on the individual recipients income or resources; and
(iii) are necessary for the protection of life or safety.
(E) Programs for housing or community development assistance or financial assistance administered by the Secretary of Housing and Urban Development, any program under title V of the Housing Act of 1949 [
42 U.S.C.
1471 et seq.], or any assistance under section
1926c of title
7, to the extent that the alien is receiving such a benefit on August 22, 1996.
(2) Subsection (a) of this section shall not apply to any benefit payable under title II of the Social Security Act [
42 U.S.C.
401 et seq.] to an alien who is lawfully present in the United States as determined by the Attorney General, to any benefit if nonpayment of such benefit would contravene an international agreement described in section 233 of the Social Security Act [
42 U.S.C.
433], to any benefit if nonpayment would be contrary to section 202(t) of the Social Security Act [
42 U.S.C.
402 (t)], or to any benefit payable under title II of the Social Security Act to which entitlement is based on an application filed in or before August 1996.
(3) Subsection (a) of this section shall not apply to any benefit payable under title XVIII of the Social Security Act [
42 U.S.C.
1395 et seq.] (relating to the medicare program) to an alien who is lawfully present in the United States as determined by the Attorney General and, with respect to benefits payable under part A of such title [
42 U.S.C.
1395c et seq.], who was authorized to be employed with respect to any wages attributable to employment which are counted for purposes of eligibility for such benefits.
(4) Subsection (a) of this section shall not apply to any benefit payable under the Railroad Retirement Act of 1974 [
45 U.S.C.
231 et seq.] or the Railroad Unemployment Insurance Act [
45 U.S.C.
351 et seq.] to an alien who is lawfully present in the United States as determined by the Attorney General or to an alien residing outside the United States.
(5) Subsection (a) of this section shall not apply to eligibility for benefits for the program defined in section
1612 (a)(3)(A) of this title (relating to the supplemental security income program), or to eligibility for benefits under any other program that is based on eligibility for benefits under the program so defined, for an alien who was receiving such benefits on August 22, 1996.
