Sec. 121. VERIFICATION OF IMMIGRATION STATUS OF ALIENS APPLYING FOR BENEFITS UNDER CERTAIN PROGRAMS

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## SEC. 121 VERIFICATION OF IMMIGRATION STATUS OF ALIENS APPLYING FOR BENEFITS UNDER CERTAIN PROGRAMS ###

(a)Requiring Immigration Status Verification ####

(1)Under afdc, medicaid, unemployment compensation, and food stamp programs **[**Amended section 1137 of the Social Security Act (42 U.S.C. 1320b–7) by adding subsections

(d)and (e). For such section, as amended, see Appendix II.B.2.**]** ####

(2)Under housing assistance programs **[**Added subsections

(d)and

(e)to section 214 of the Housing and Community Development Act of 1980 (42 U.S.C. 1436a). For such section 214, as amended, see Appendix II.B.2.**]** ####

(3)Under title iv educational assistance **[**Added subsections (c), (d), and

(e)to section 484 of the Higher Education Act of 1965 (20 U.S.C. 1091). For such subsections, as amended, see Appendix II.B.2.**]** ###

(b)Providing 100 Percent Reimbursement for Costs of Implementation and Operation ####

(1)Under afdc program Section 403(a)(3) of the Social Security Act is amended by inserting before subparagraph

(B)the following new subparagraph: > > ##### “(A) > > 100 percent of so much of such expenditures as are for the costs of the implementation and operation of the immigration status verification system described in section 1137(d),” > . ####

(2)Under medicaid program Section 1903(a) of such Act is amended by inserting after paragraph

(3)the following new paragraph: > > #### “(4) > > an amount equal to 100 percent of the sums expended during the quarter which are attributable to the costs of the implementation and operation of the immigration status verification system described in section 1137(d); plus” > . ####

(3)Under unemployment compensation program The first sentence of section 302(a) of such Act is amended by inserting before the period at the end the following: “, including 100 percent of so much of the reasonable expenditures of the State as are attributable to the costs of the implementation and operation of the immigration status verification system described in section 1137(d)”. ####

(4)Under certain territorial assistance programs Sections 3(a)(4), 1003(a)(3), 1403(a)(3), and 1603(a)(4) of the Social Security Act (as in effect without regard to section 301 of the Social Security Amendments of 1972) are each amended by redesignating subparagraph

(B)as subparagraph

(C)and inserting after subparagraph

(A)the following new subparagraph: > > ##### “(B) > > 100 percent of so much of such expenditures as are for the costs of the implementation and operation of the immigration status verification system described in section 1137(d); plus” > . ####

(5)Under the food stamp program Section 16 of the Food Stamp Act of 1977 (7 U.S.C. 2025) is amended by adding at the end the following new subsection: > > ### “(h)1 > > The Secretary is authorized to pay to each State agency an amount equal to 100 per centum of the costs incurred by the State agency in implementing and operating the immigration status verification system described in section 1137(d) of the Social Security Act.''. > > 1This subsection was redesignated as subsection

(j)by §321(c) of Pub. L. 100–435.” > ####

(6)Under housing assistance programs The United States Housing Act of 1937 (42 U.S.C. 1437 et seq.) is amended by adding at the end the following new section: > > ## Sec. 20 “payment for implementation of immigration status verification system > > The Secretary is authorized to pay to each public housing authority an amount equal to 100 percent of the costs incurred by the authority in implementing and operating the immigration status verification system under section 214(c) of the Housing and Community Development Act of 1980 with respect to financial assistance made available pursuant to this Act.” > . ####

(7)Under title iv educational assistance Section 489(a) of the Higher Education Act of 1965 (20 U.S.C. 1096) is amended by adding at the end the following: “In addition, the Secretary shall provide for payment to each institution of higher education an amount equal to 100 percent of the costs incurred by the institution in implementing and operating the immigration status verification system under section 484(c).”. ###

(c)Effective Dates ####

(1)Immigration and naturalization service establishing verification system by october 1, 1987 The Commissioner of Immigration and Naturalization Service 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 (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 (noncriminal) 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. ####

(2)Higher matching effective in fiscal year 1988 The amendments made by subsection

(b)take effect on October 1, 1987. ####

(3)Use of verification system required in fiscal year 1989 Except as provided in paragraph (4), the amendments made by subsection

(a)take effect on October 1, 1988. States have until that date to begin complying with the requirements imposed by those amendments. ####

(4)Use of verification system not required for a program in certain cases #####

(A)Report to respective congressional committees With respect to each covered program (as defined in subparagraph (D)(i)), each appropriate Secretary shall examine and report to the appropriate Committees of the House of Representatives and of the Senate, by not later than April 1, 1988, concerning whether (and the extent to which)— ######

(i)the application of the amendments made by subsection

(a)to the program is cost-effective and otherwise appropriate, and ######

(ii)there should be a waiver of the application of such amendments under subparagraph (B). The amendments made by subsection

(a)shall not apply with respect to a covered program described in subclause (II), (V), (VI), or

(VII)of subparagraph (D)(i) until after the date of receipt of such report with respect to the program. #####

(B)Waiver in certain cases If, with respect to a covered program, the appropriate Secretary determines, on the Secretary's own initiative or upon an application by an administering entity and based on such information as the Secretary deems persuasive (which may include the results of the report required under subsection (d)(1) and information contained in such an application), that— ######

(i)the appropriate Secretary or the administering entity has in effect an alternative system of immigration status verification which— ######

(I)is as effective and timely as the system otherwise required under the amendments made by subsection

(a)with respect to the program, and ######

(II)provides for at least the hearing and appeals rights for beneficiaries that would be provided under the amendments made by subsection (a), or ######

(ii)the costs of administration of the system otherwise required under such amendments exceed the estimated savings, such Secretary may waive the application of such amendments to the covered program to the extent (by State or other geographic area or otherwise) that such determinations apply. #####

(C)Basis for determination A determination under subparagraph (B)(ii) shall be based upon the appropriate Secretary's estimate of— ######

(i)the number of aliens claiming benefits under the covered program in relation to the total number of claimants seeking benefits under the program, ######

(ii)any savings in benefit expenditures reasonably expected to result from implementation of the verification program, and ######

(iii)the labor and nonlabor costs of administration of the verification system, the degree to which the Immigration and Naturalization Service is capable of providing timely and accurate information to the administering entity in order to permit a reliable determination of immigration status, and such other factors as such Secretary deems relevant. #####

(D)Definitions In this paragraph: ######

(i)The term “**covered program**” means each of the following programs: ######

(I)The aid to families with dependent children program under part A of title IV of the Social Security Act. ######

(II)The medicaid program under title XIX of the Social Security Act. ######

(III)Any State program under a plan approved under title I, X, XIV, or XVI of the Social Security Act. ######

(IV)The unemployment compensation program under section 3304 of the Internal Revenue Code of 1954. ######

(V)The food stamp program under the Food Stamp Act of 1977. ######

(VI)The programs of financial assistance for housing subject to section 214 of the Housing and Community Development Act of 1980. ######

(VII)The program of grants, loans, and work assistance under title IV of the Higher Education Act of 1965. ######

(ii)The term “**appropriate Secretary**” means, with respect to the covered program described in— ######

(I)subclauses

(I)through

(III)of clause (i), the Secretary of Health and Human Services; ######

(II)clause (i)(IV), the Secretary of Labor; ######

(III)clause (i)(V), the Secretary of Agriculture; ######

(IV)clause (i)(VI), the Secretary of Housing and Urban Development; and ######

(V)clause (i)(VII), the Secretary of Education. ######

(iii)The term “**administering entity**” means, with respect to the covered program described in— ######

(I)subclause (I), (II), (III), (IV), or

(V)of clause (i), the State agency responsible for the administration of the program in a State; ######

(II)clause (i)(VI), the Secretary of Housing and Urban Development, a public housing agency, or another entity that determines the eligibility of an individual for financial assistance; and ######

(III)clause (i)(VII), an institution of higher education involved. ####

(5)Funds authorized Such sums as may be necessary are authorized for the Immigration and Naturalization Service to carry out the purposes of this section. ###

(d)GAO Reports ####

(1)Report on current pilot projects The Comptroller General shall— #####

(A)examine current pilot projects relating to the System for Alien Verification of Eligibility

(SAVE)operated by, or through cooperative agreements with, the Immigration and Naturalization Service, and #####

(B)report, not later than October 1, 1987, to Congress and to the Commissioner of the Immigration and Naturalization Service concerning the effectiveness of such projects and any problems with the implementation of such projects, particularly as they may apply to implementation of the system referred to in subsection (c)(1). ####

(2)Report on implementation of verification system The Comptroller General shall— #####

(A)monitor and analyze the implementation of such system, #####

(B)report to Congress and to the appropriate Secretaries described in subsection (c)(4)(D)(ii), by not later than April 1, 1989, on such implementation, and #####

(C)include in such report such recommendations for changes in the system as may be appropriate. # TITLE II LEGALIZATION

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