PUBLIC LAW 105-33 —AUG. 5, 1997 111 STAT. 611 (A) by striking *The number" and inserting "The average monthly number"; and (B) by inserting "during the fiscal year or the immediately preceding fiscal year (but not both), as the State may elect" before the period. (2) RESIDENCE EXCEPTION MADE MORE UNIFORM AND EASIER TO ADMINISTER.— Section 408(a)(7)(D) (42 U.S.C. 608(a)(7)(D)) is amended to read as follows: " (D) DISREGARD OF MONTHS OF ASSISTANCE RECEIVED BY ADULT WHILE LIVING IN INDLUST COUNTRY OR AN ALASKAN NATIVE VILLAGE WITH 50 PERCENT UNEMPLOYMENT. — "(i) IN GENERAL. —In determining the number of months for which an adult has received assistance under a State or tribal program funded under this part, the State or tribe shall disregard any month during which the adult lived in Indian country or an Alaskan Native village if the most reliable data available with respect to the month (or a period including the month) indicate that at least 50 percent of the adults living in Indian country or in the village were not employed. "(ii) INDIAN COUNTRY DEFINED. — AS used in clause (i), the term 'Indian country' has the meaning given such term in section 1151 of title 18, United States Code.". (e) REINSTATEMENT OF DEEMING AND OTHER RULES APPLICABLE TO ALIENS WHO ENTERED THE UNITED STATES UNDER AFFIDAVITS OF SUPPORT FORMERLY USED. — Section 408 (42 U.S.C. 608), as amended by section 5001(h)(1) of this Act, is amended by striking subsection (e) and inserting the following: "(e) SPECIAL RULES RELATING TO TREATMENT OF CERTAIN ALIENS.— For special rules relating to the treatment of certain aliens, see title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. " (f) SPECIAL RULES RELATING TO THE TREATMENT OF NON- 213A ALIENS. —The following rules shall apply if a State elects Applicability, to take the income or resources of any sponsor of a non-2 ISA alien into account in determining whether the alien is eligible for assistance under the State program funded under this part, or in determining the amount or types of such assistance to be provided to the alien: "(1) DEEMING OF SPONSOR'S INCOME AND RESOURCES.— For a period of 3 years after a non-213A alien enters the United States: "(A) INCOME DEEMING RULE. —The income of any sponsor of the alien and of any spouse of the sponsor is deemed to be income of the alien, to the extent that the total amountof the income exceeds the sum of— "(i) the lesser of— "(I) 20 percent of the total of any amounts received by the sponsor or any such spouse in the month as wages or salary or as net earnings from self-employment, plus the full amount of any costs incurred by the sponsor and any such spouse in producing self-employment income in such month; or "(II) $175;
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