(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.
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 (§ 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.
This chapter, referred to in subsec. (d), was in the original “this title” meaning title IV of Pub. L. 104–193, Aug. 22, 1996, 110 Stat. 2260, which enacted this chapter, section
1183a of this title, and sections
1437y of Title
42, The Public Health and Welfare, amended section
1383 of this title, sections
6213 of Title
26, Internal Revenue Code, and sections
1471 of Title
42, and enacted provisions set out as notes under section
1183a of this title and section
32 of Title
26. For complete classification of title IV to the Code, see Tables.
1997—Subsec. (a)(1). Pub. L. 105–33, § 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.”
Amendment by Pub. L. 105–33effective 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 ofPub. L. 105–33, set out as a note under section
1367 of this title.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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