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42 U.S.C. § 1383 — Attribution of sponsor’s income and resources to aliens

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1383 — Attribution of sponsor’s income and resources to aliens

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Stable record: federal_law:legal_authorities:record_usc_25091f449a5affc3dba02c23
Source file: Laws/federal/codes/united-states-code/title-42/section-1383-attribution-of-sponsors-income-and-resources-to-aliens--95b69a5485.md
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Source location: Title 42, Chapter 7, § 1383; chapter-007-social-security.md

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**(a) Attribution as unearned income** For purposes of determining eligibility for and the amount of benefits under this subchapter for an individual who is an alien, the income and resources of any person who (as a sponsor of such individual’s entry into the United States) executed an affidavit of support or similar agreement with respect to such individual, and the income and resources of the sponsor’s spouse, shall be deemed to be the income and resources of such individual (in accordance with subsections (b) and (c)) for a period of 3 years after the individual’s entry into the United States. Any such income deemed to be income of such individual shall be treated as unearned income of such individual. **(b) Determination of amount and resources** (1) The amount of income of a sponsor (and his spouse) which shall be deemed to be the unearned income of an alien for any year shall be determined as follows: (A) The total yearly rate of earned and unearned income (as determined under [section 1382a(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1382a/a&num=0&edition=prelim)) of such sponsor and such sponsor’s spouse (if such spouse is living with the sponsor) shall be determined for such year. (B) The amount determined under subparagraph (A) shall be reduced by an amount equal to (i) the maximum amount of the Federal benefit under this subchapter for such year which would be payable to an eligible individual who has no other income and who does not have an eligible spouse (as determined under [section 1382(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1382/b/1&num=0&edition=prelim)), plus (ii) one-half of the amount determined under clause (i) multiplied by the number of individuals who are dependents of such sponsor (or such sponsor’s spouse if such spouse is living with the sponsor), other than such alien and such alien’s spouse. (C) The amount of income which shall be deemed to be unearned income of such alien shall be at a yearly rate equal to the amount determined under subparagraph (B). The period for determination of such amount shall be the same as the period for determination of benefits under [section 1382(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1382/c&num=0&edition=prelim). (2) The amount of resources of a sponsor (and his spouse) which shall be deemed to be the resources of an alien for any year shall be determined as follows: (A) The total amount of the resources (as determined under [section 1382b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1382b&num=0&edition=prelim)) of such sponsor and such sponsor’s spouse (if such spouse is living with the sponsor) shall be determined. (B) The amount determined under subparagraph (A) shall be reduced by an amount equal to (i) the applicable amount determined under [section 1382(a)(3)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1382/a/3/B&num=0&edition=prelim) in the case of a sponsor who has no spouse with whom he is living, or (ii) the applicable amount determined under [section 1382(a)(3)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1382/a/3/A&num=0&edition=prelim) in the case of a sponsor who has a spouse with whom he is living. (C) The resources of such sponsor (and spouse) as determined under subparagraphs (A) and (B) shall be deemed to be resources of such alien in addition to any resources of such alien. **(c) Support and maintenance** In determining the amount of income of an alien during the period of 3 years after such alien’s entry into the United States, the reduction in dollar amounts otherwise required under [section 1382a(a)(2)(A)(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1382a/a/2/A/i&num=0&edition=prelim) shall not be applicable if such alien is living in the household of a person who is a sponsor (or such sponsor’s spouse) of such alien, and is receiving support and maintenance in kind from such sponsor (or spouse), nor shall support or maintenance furnished in cash or kind to an alien by such alien’s sponsor (to the extent that it reflects income or resources which were taken into account in determining the amount of income and resources to be deemed to the alien under subsection (a) or (b)) be considered to be income of such alien under [section 1382a(a)(2)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1382a/a/2/A&num=0&edition=prelim). **(d) Information and documentation; agreements with Secretary of State and Attorney General** (1) Any individual who is an alien shall, during the period of 3 years after entry into the United States, in order to be an eligible individual or eligible spouse for purposes of this subchapter, be required to provide to the Commissioner of Social Security such information and documentation with respect to his sponsor as may be necessary in order for the Commissioner of Social Security to make any determination required under this section, and to obtain any cooperation from such sponsor necessary for any such determination. Such alien shall also be required to provide to the Commissioner of Social Security such information and documentation as the Commissioner of Social Security may request and which such alien or his sponsor provided in support of such alien’s immigration application. (2) The Commissioner of Social Security shall enter into agreements with the Secretary of State and the Attorney General whereby any information available to such persons and required in order to make any determination under this section will be provided by such persons to the Commissioner of Social Security, and whereby such persons shall inform any sponsor of an alien, at the time such sponsor executes an affidavit of support or similar agreement, of the requirements imposed by this section. **(e) Joint and several liability of alien and sponsor for overpayments** Any sponsor of an alien, and such alien, shall be jointly and severally liable for an amount equal to any overpayment made to such alien during the period of 3 years after such alien’s entry into the United States, on account of such sponsor’s failure to provide correct information under the provisions of this section, except where such sponsor was without fault, or where good cause for such failure existed. Any such overpayment which is not repaid to the Commissioner of Social Security or recovered in accordance with [section 1383(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1383/b&num=0&edition=prelim) shall be withheld from any subsequent payment to which such alien or such sponsor is entitled under any provision of this chapter. **(f) Exemptions** (1) The provisions of this section shall not apply with respect to any individual who is an “aged, blind, or disabled individual” for purposes of this subchapter by reason of blindness (as determined under [section 1382c(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1382c/a/2&num=0&edition=prelim)) or disability (as determined under [section 1382c(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1382c/a/3&num=0&edition=prelim)), from and after the onset of the impairment, if such blindness or disability commenced after the date of such individual’s admission into the United States for permanent residence. (2) The provisions of this section shall not apply with respect to any alien who is— (A) admitted to the United States as a result of the application, prior to April 1, 1980, of the provisions of [section 1153(a)(7) of title 8](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1153/a/7&num=0&edition=prelim); (B) admitted to the United States as a result of the application, after March 31, 1980, of the provisions of [section 1157(c)(1) of title 8](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1157/c/1&num=0&edition=prelim); (C) paroled into the United States as a refugee under [section 1182(d)(5) of title 8](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1182/d/5&num=0&edition=prelim); or (D) granted political asylum by the Attorney General.

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1551 — Immigration and Naturalization Service

There is created and established in the Department of Justice an Immigration and Naturalization Service.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1382b — Eligibility for benefits

**(a) “Eligible individual” defined** (1) Each aged, blind, or disabled individual who does not have an eligible spouse and— (A) whose income, other than income excluded pursuant to [section 1382a(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1382a/b&num=0&edition=prelim), is at a rate of not more than $1,752 (or, if greater, the amount determined under [section 1382f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1382f&num=0&edition=prelim)) for the calendar year 1974 or any calendar year thereafter, and (B) whose resources, other than resources excluded pursuant to [section 1382b(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1382b/a&num=0&edition=prelim), are not more than (i) in case such individual has a spouse with whom he is living, the applicable amount determined under paragraph (3)(A), or (ii) in case such individual has no spouse with whom he is living, the applicable amount determined under paragraph (3)(B), (2) Each aged, blind, or disabled individual who has an eligible spouse and— (A) whose income (together with the income of such spouse), other than income excluded pursuant to [section 1382a(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1382a/b&num=0&edition=prelim), is at a rate of not more than $2,628 (or, if greater, the amount determined under [section 1382f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1382f&num=0&edition=prelim)) for the calendar year 1974, or any calendar year thereafter, and (B) whose resources (together with the resources of such spouse), other than resources excluded pursuant to [sectio

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1153 — Allocation of immigrant visas

**(a) Preference allocation for family-sponsored immigrants** Aliens subject to the worldwide level specified in [section 1151(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1151/c&num=0&edition=prelim) for family-sponsored immigrants shall be allotted visas as follows: (1) **Unmarried sons and daughters of citizens** — Qualified immigrants who are the unmarried sons or daughters of citizens of the United States shall be allocated visas in a number not to exceed 23,400, plus any visas not required for the class specified in paragraph (4). (2) **Spouses and unmarried sons and unmarried daughters of permanent resident aliens** — Qualified immigrants— (A) who are the spouses or children of an alien lawfully admitted for permanent residence, or (B) who are the unmarried sons or unmarried daughters (but are not the children) of an alien lawfully admitted for permanent residence, shall be allocated visas in a number not to exceed 114,200, plus the number (if any) by which such worldwide level exceeds 226,000, plus any visas not required for the class specified in paragraph (1); except that not less than 77 percent of such visa numbers shall be allocated to aliens described in subparagraph (A). (3) **Married sons and married daughters of citizens** — Qualified immigrants who are the married sons or married daughters of citizens of the United States shall be allocated visas in a number not to exceed 23,400, plus any visas not required for the classes specified in paragraphs (1) and (2). (4) **Brothers and sisters of citizens** — Qualified immigrants who are the brothers or sisters of citizens of the United States, if such citizens are at least 21 years of age, shall be allocated visas in a number not to exceed 65,000, pl

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1381 — Omitted

### 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

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42 U.S.C. § 401 — Trust Funds

**(a) Federal Old-Age and Survivors Insurance Trust Fund** There is hereby created on the books of the Treasury of the United States a trust fund to be known as the “Federal Old-Age and Survivors Insurance Trust Fund”. The Federal Old-Age and Survivors Insurance Trust Fund shall consist of the securities held by the Secretary of the Treasury for the Old-Age Reserve Account and the amount standing to the credit of the Old-Age Reserve Account on the books of the Treasury on January 1, 1940, which securities and amount the Secretary of the Treasury is authorized and directed to transfer to the Federal Old-Age and Survivors Insurance Trust Fund, and, in addition, such gifts and bequests as may be made as provided in subsection (i)(1), and such amounts as may be appropriated to, or deposited in, the Federal Old-Age and Survivors Insurance Trust Fund as hereinafter provided. There is hereby appropriated to the Federal Old-Age and Survivors Insurance Trust Fund for the fiscal year ending June 30, 1941, and for each fiscal year thereafter, out of any moneys in the Treasury not otherwise appropriated, amounts equivalent to 100 per centum of— (1) the taxes (including interest, penalties, and additions to the taxes) received under subchapter A of chapter 9 of the Internal Revenue Code of 1939 (and covered into the Treasury) which are deposited into the Treasury by collectors of internal revenue before January 1, 1951; and (2) the taxes certified each month by the Commissioner of Internal Revenue as taxes received under subchapter A of chapter 9 of such Code which are deposited into the Treasury by collectors of internal revenue after December 31, 1950, and before January 1, 1953, with respect to assessments of such taxes made before January 1, 1951; and (3) the taxes imposed by

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42 U.S.C. § 657 — Distribution of collected support

**(a) In general** Subject to subsections (d) and (e), the amounts collected on behalf of a family as support by a State pursuant to a plan approved under this part shall be distributed as follows: (1) **Families receiving assistance** — In the case of a family receiving assistance from the State, the State shall— (A) pay to the Federal Government the Federal share of the amount collected, subject to paragraph (3)(A); (B) retain, or pay to the family, the State share of the amount collected, subject to paragraph (3)(B); and (C) pay to the family any remaining amount. (2) **Families that formerly received assistance** — In the case of a family that formerly received assistance from the State: (A) *Current support* — To the extent that the amount collected does not exceed the current support amount, the State shall pay the amount to the family. (B) *Arrearages* — Except as otherwise provided in an election made under [section 654(34) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section654/34&num=0&edition=prelim), to the extent that the amount collected exceeds the current support amount, the State— (i) shall first pay to the family the excess amount, to the extent necessary to satisfy support arrearages not assigned pursuant to [section 608(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section608/a/3&num=0&edition=prelim); (ii) if the amount collected exceeds the amount required to be paid to the family under clause (i), shall— (I) pay to the Federal Government the Federal share of the excess amount described in this clause, subject to paragraph (3)(A); and (II) retain, or pay to the family, the State share of the excess amount described in this cla

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42 U.S.C. § 1382c — Income; earned and unearned income defined; exclusions from income

**(a)** For purposes of this subchapter, income means both earned income and unearned income; and— (1) earned income means only— (A) wages as determined under [section 403(f)(5)(C) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section403/f/5/C&num=0&edition=prelim) but without the application of [section 410(j)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section410/j/3&num=0&edition=prelim) (and, in the case of cash remuneration paid for service as a member of a uniformed service (other than payments described in paragraph (2)(H) of this subsection or subsection (b)(20)), without regard to the limitations contained in [section 409(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section409/d&num=0&edition=prelim)); (B) net earnings from self-employment, as defined in [section 411 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section411&num=0&edition=prelim) (without the application of the second and third sentences following subsection (a)(11),11 So in original. Probably should be subsection “(a)(15),”. the last paragraph of subsection (a), and [section 410(j)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section410/j/3&num=0&edition=prelim)), including earnings for services described in paragraphs (4), (5), and (6) of subsection (c); (C) remuneration received for services performed in a sheltered workshop or work activities center; and (D) any royalty earned by an individual in connection with any publication of the work of the individual, and that portion of any honorarium which is received for services rendered; and (2) unearned income means all other income,

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Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 6428A — Additional 2020 recovery rebates for individuals

**(a) In general** In addition to the credit allowed under section 6428, in the case of an eligible individual, there shall be allowed as a credit against the tax imposed by subtitle A for the first taxable year beginning in 2020 an amount equal to the sum of— (1) $600 ($1,200 in the case of eligible individuals filing a joint return), plus (2) an amount equal to the product of $600 multiplied by the number of qualifying children (within the meaning of section 24(c)) of the taxpayer. **(b) Treatment of credit** The credit allowed by subsection (a) shall be treated as allowed by subpart C of part IV of subchapter A of chapter 1. **(c) Limitation based on adjusted gross income** The amount of the credit allowed by subsection (a) (determined without regard to this subsection and subsection (e)) shall be reduced (but not below zero) by 5 percent of so much of the taxpayer’s adjusted gross income as exceeds— (1) $150,000 in the case of a joint return or a surviving spouse (as defined in section 2(a)), (2) $112,500 in the case of a head of household (as defined in section 2(b)), and (3) $75,000 in the case of a taxpayer not described in paragraph (1) or (2). **(d) Eligible individual** For purposes of this section, the term “eligible individual” means any individual other than— (1) any nonresident alien individual, (2) any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which the individual’s taxable year begins, and (3) an estate or trust. **(e) Coordination with advance refunds of credit** (1) **In general** — The amount of the credit which would (but for this paragraph) be allowable under this section shall be reduced (but not below zero) by the aggregate refund

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 655 — Standards

**(a) Promulgation by Secretary of national consensus standards and established Federal standards; time for promulgation; conflicting standards** Without regard to chapter 5 of title 5 or to the other subsections of this section, the Secretary shall, as soon as practicable during the period beginning with the effective date of this chapter and ending two years after such date, by rule promulgate as an occupational safety or health standard any national consensus standard, and any established Federal standard, unless he determines that the promulgation of such a standard would not result in improved safety or health for specifically designated employees. In the event of conflict among any such standards, the Secretary shall promulgate the standard which assures the greatest protection of the safety or health of the affected employees. **(b) Procedure for promulgation, modification, or revocation of standards** The Secretary may by rule promulgate, modify, or revoke any occupational safety or health standard in the following manner: (1) Whenever the Secretary, upon the basis of information submitted to him in writing by an interested person, a representative of any organization of employers or employees, a nationally recognized standards-producing organization, the Secretary of Health and Human Services, the National Institute for Occupational Safety and Health, or a State or political subdivision, or on the basis of information developed by the Secretary or otherwise available to him, determines that a rule should be promulgated in order to serve the objectives of this chapter, the Secretary may request the recommendations of an advisory committee appointed under [section 656 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section656

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1306a — Public access to State disbursement records

No State or any agency or political subdivision thereof shall be deprived of any grant-in-aid or other payment to which it otherwise is or has become entitled pursuant to subchapter I (other than section 303(a)(3) thereof), IV, X, XIV, or XVI (other than section 1383(a)(3) thereof) of this chapter, by reason of the enactment or enforcement by such State of any legislation prescribing any conditions under which public access may be had to records of the disbursement of any such funds or payments within such State, if such legislation prohibits the use of any list or names obtained through such access to such records for commercial or political purposes.

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