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U.S. Code as of:
01/03/05
Section 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.
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