§ 1642. — Verification of eligibility for Federal public benefits.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 8USC1642]
TITLE 8--ALIENS AND NATIONALITY
CHAPTER 14--RESTRICTING WELFARE AND PUBLIC BENEFITS FOR ALIENS
SUBCHAPTER IV--GENERAL PROVISIONS
Sec. 1642. Verification of eligibility for Federal public
benefits
(a) In general
(1) Not later than 18 months after August 22, 1996, the Attorney
General of the United States, after consultation with the Secretary of
Health and Human Services, shall promulgate regulations requiring
verification that a person applying for a Federal public benefit (as
defined in section 1611(c) of this title), to which the limitation under
section 1611 of this title applies, is a qualified alien and is eligible
to receive such benefit. Such regulations shall, to the extent feasible,
require that information requested and exchanged be similar in form and
manner to information requested and exchanged under section 1320b-7 of
title 42. Not later than 90 days after August 5, 1997, the Attorney
General of the United States, after consultation with the Secretary of
Health and Human Services, shall issue interim verification guidance.
(2) Not later than 18 months after August 22, 1996, the Attorney
General, in consultation with the Secretary of Health and Human
Services, shall also establish procedures for a person applying for a
Federal public benefit (as defined in section 1611(c) of this title) to
provide proof of citizenship in a fair and nondiscriminatory manner.
(3) Not later than 90 days after August 5, 1997, the Attorney
General shall promulgate regulations which set forth the procedures by
which a State or local government can verify whether an alien applying
for a State or local public benefit is a qualified alien, a nonimmigrant
under the Immigration and Nationality Act [8 U.S.C. 1101 et seq.], or an
alien paroled into the United States under section 212(d)(5) of the
Immigration and Nationality Act [8 U.S.C. 1182(d)(5)] for less than 1
year, for purposes of determining whether the alien is ineligible for
benefits under section 1621 of this title.
(b) State compliance
Not later than 24 months after the date the regulations described in
subsection (a) of this section are adopted, a State that administers a
program that provides a Federal public benefit shall have in effect a
verification system that complies with the regulations.
(c) Authorization of appropriations
There are authorized to be appropriated such sums as may be
necessary to carry out the purpose of this section.
(d) No verification requirement for nonprofit charitable organizations
Subject to subsection (a) of this section, a nonprofit charitable
organization, in providing any Federal public benefit (as defined in
section 1611(c) of this title) or any State or local public benefit (as
defined in section 1621(c) of this title), is not required under this
chapter to determine, verify, or otherwise require proof of eligibility
of any applicant for such benefits.
(Pub. L. 104-193, title IV, Sec. 432, Aug. 22, 1996, 110 Stat. 2274;
Pub. L. 104-208, div. C, title V, Secs. 504, 508, Sept. 30, 1996, 110
Stat. 3009-672, 3009-673; Pub. L. 105-33, title V, Sec. 5572(a), Aug. 5,
1997, 111 Stat. 641.)
References in Text
The Immigration and Nationality Act, referred to in subsec. (a)(3),
is act June 27, 1952, ch. 477, 66 Stat. 163, as amended, which is
classified principally to chapter 12 (Sec. 1101 et seq.) of this title.
For complete classification of this Act to the Code, see Short Title
note set out under section 1101 of this title and Tables.
Amendments
1997--Subsec. (a)(1). Pub. L. 105-33, Sec. 5572(a)(1), inserted at
end ``Not later than 90 days after August 5, 1997, the Attorney General
of the United States, after consultation with the Secretary of Health
and Human Services, shall issue interim verification guidance.''
Subsec. (a)(3). Pub. L. 105-33, Sec. 5572(a)(2), added par. (3).
1996--Subsec. (a). Pub. L. 104-208, Sec. 504, designated existing
provisions as par. (1) and added par. (2).
Subsec. (d). Pub. L. 104-208, Sec. 508, added subsec. (d).
Effective Date of 1997 Amendment
Amendment by Pub. L. 105-33 effective as if included in the
enactment of title IV of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996, Pub. L. 104-193, see section
5582 of Pub. L. 105-33, set out as a note under section 1367 of this
title.
