Laws: Cases and Codes : U.S. Code : Title 42 : Section 1320b-7
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U.S. Code as of:
01/19/04
Section 1320b-7 - Notes
SOURCE
(Aug. 14, 1935, ch. 531, title XI, Sec. 1137, as added Pub. L.
98-369, div. B, title VI, Sec. 2651(a), July 18, 1984, 98 Stat.
1147; amended Pub. L. 99-509, title IX, Sec. 9101, Oct. 21, 1986,
100 Stat. 1972; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat.
2095; Pub. L. 99-603, title I, Sec. 121(a)(1), Nov. 6, 1986, 100
Stat. 3384; Pub. L. 100-360, title IV, Sec. 411(k)(15)(A), July 1,
1988, 102 Stat. 799; Pub. L. 103-432, title II, Sec. 231, Oct. 31,
1994, 108 Stat. 4462; Pub. L. 104-193, title I, Sec. 108(g)(8),
title III, Sec. 313(c), Aug. 22, 1996, 110 Stat. 2168, 2212; Pub.
L. 104-208, div. C, title V, Sec. 507(a), Sept. 30, 1996, 110 Stat.
3009-673; Pub. L. 106-169, title IV, Sec. 401(p), Dec. 14, 1999,
113 Stat. 1859; Pub. L. 106-170, title IV, Sec. 405(a), (b), Dec.
17, 1999, 113 Stat. 1911.)
REFERENCES IN TEXT
Parts A and D of subchapter IV of this chapter, referred to in
subsecs. (a)(4)(B) and (b)(1), are classified to sections 601 et
seq. and 651 et seq., respectively, of this title.
The Internal Revenue Code of 1986, referred to in subsecs.
(a)(2), (3), (4)(B), (5), (b)(3), and (c)(1), is classified
generally to Title 26, Internal Revenue Code.
The Food Stamp Act of 1977, referred to in subsec. (b)(4), is
Pub. L. 88-525, Aug. 31, 1964, 78 Stat. 703, as amended, which is
classified generally to chapter 51 (Sec. 2011 et seq.) of Title 7,
Agriculture. For complete classification of this Act to the Code,
see Short Title note set out under section 2011 of Title 7 and
Tables.
AMENDMENTS
1999 - Subsec. (a)(3). Pub. L. 106-170, Sec. 405(b)(2), inserted
"(as defined in section 653a(a)(2)(B) of this title)" after
"employers".
Pub. L. 106-170, Sec. 405(b)(1), which directed striking out "(as
defined in section 653a(a)(2)(B)(iii) of this title)" after "labor
organizations", was executed by striking "(as defined in section
653a(a)(2)(B)(ii) of this title)" to reflect the probable intent of
Congress and the amendment by Pub. L. 106-169.
Pub. L. 106-170, Sec. 405(a), inserted before semicolon at end:
", and except that in the case of wage reports with respect to
domestic service employment, a State may permit employers (as so
defined) that make returns with respect to such employment on a
calendar year basis pursuant to section 3510 of the Internal
Revenue Code of 1986 to make such reports on an annual basis".
Pub. L. 106-169, substituted "653a(a)(2)(B)(ii) of this title))"
for "653a(a)(2)(B)(iii) of this title)". See Effective Date of 1999
Amendment note below.
1996 - Subsec. (a)(3). Pub. L. 104-193, Sec. 313(c), inserted
"(including State and local governmental entities and labor
organizations (as defined in section 653a(a)(2)(B)(iii) of this
title)" after "employers" and ", and except that no report shall be
filed with respect to an employee of a State or local agency
performing intelligence or counterintelligence functions, if the
head of such agency has determined that filing such a report could
endanger the safety of the employee or compromise an ongoing
investigation or intelligence mission" before semicolon at end.
Subsec. (b)(1). Pub. L. 104-193, Sec. 108(g)(8)(A), added par.
(1) and struck out former par. (1) which read as follows: "the aid
to families with dependent children program under part A of
subchapter IV of this chapter;".
Subsec. (d)(1)(B). Pub. L. 104-193, Sec. 108(g)(8)(B),
substituted "In this subsection, in" for "In this subsection - ",
struck out "(ii) in" before "the case of the program described in
subsection (b)(4)", redesignated subcls. (I) to (III) as cls. (i)
to (iii), respectively, realigned margins, and struck out former
cl. (i) which read as follows: "in the case of the program
described in subsection (b)(1) of this section, any reference to an
individual's eligibility for benefits under the program shall be
considered a reference to the individual's being considered a
dependent child or to the individual's being treated as a caretaker
relative or other person whose needs are to be taken into account
in making the determination under section 602(a)(7) of this
title,".
Subsec. (d)(4)(B)(i). Pub. L. 104-208 amended cl. (i) generally.
Prior to amendment, cl. (i) read as follows: "the State shall
transmit to the Immigration and Naturalization Service photostatic
or other similar copies of such documents for official
verification,".
1994 - Subsec. (d)(1)(A). Pub. L. 103-432 amended subpar. (A)
generally. Prior to amendment, subpar. (A) read as follows: "The
State shall require, as a condition of an individual's eligibility
for benefits under any program listed in subsection (b) of this
section, a declaration in writing by the individual (or, in the
case of an individual who is a child, by another on the
individual's behalf), under penalty of perjury, stating whether or
not the individual is a citizen or national of the United States,
and, if that individual is not a citizen or national of the United
States, that the individual is in a satisfactory immigration
status."
1988 - Subsec. (f). Pub. L. 100-360 added subsec. (f).
1986 - Subsec. (a). Pub. L. 99-603, Sec. 121(a)(1)(A), inserted
"which meets the requirements of subsection (d) of this section
and" after "system" in introductory text.
Subsec. (a)(2), (4)(B). Pub. L. 99-514 substituted "Internal
Revenue Code of 1986" for "Internal Revenue Code of 1954".
Subsec. (a)(4)(C). Pub. L. 99-509 inserted before semicolon at
end ", and no State shall be required to use such information to
verify the eligibility of all recipients".
Subsec. (a)(5). Pub. L. 99-514 substituted "Internal Revenue Code
of 1986" for "Internal Revenue Code of 1954" wherever appearing.
Subsec. (b). Pub. L. 99-603, Sec. 121(a)(1)(B), substituted
"income and eligibility verification system" for "income
verification system" in introductory text.
Subsecs. (b)(3), (c)(1). Pub. L. 99-514 substituted "Internal
Revenue Code of 1986" for "Internal Revenue Code of 1954".
Subsecs. (d), (e). Pub. L. 99-603, Sec. 121(a)(1)(C), added
subsecs. (d) and (e).
ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
FUNCTIONS
For abolition of Immigration and Naturalization Service, transfer
of functions, and treatment of related references, see note set out
under section 1551 of Title 8, Aliens and Nationality.
IMMIGRATION AND NATURALIZATION SERVICE TO ESTABLISH VERIFICATION
SYSTEM BY OCTOBER 1, 1987
Section 121(c)(1) of Pub. L. 99-603 provided that: "The
Commissioner of Immigration and Naturalization shall implement a
system for the verification of immigration status under paragraphs
(3) and (4)(B)(i) of section 1137(d) of the Social Security Act
[subsec. (d)(3) and (4)(B)(i) of this section] (as amended by this
section) so that the system is available to all the States by not
later than October 1, 1987. Such system shall not be used by the
Immigration and Naturalization Service for administrative
(non-criminal) immigration enforcement purposes and shall be
implemented in a manner that provides for verification of
immigration status without regard to the sex, color, race,
religion, or nationality of the individual involved."
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 302, 502, 503, 609, 653a,
1202, 1352, 1383, 1396a, 1396b of this title; title 5 section 552a;
title 7 sections 2020, 2025; title 8 sections 1183a, 1642.
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