Requirements of State eligibility systems
Applicable programs
Protection of applicants from improper use of information
Citizenship or immigration status requirements; documentation; verification by Immigration and Naturalization Service; denial of benefits; hearing
Erroneous State citizenship or immigration status determinations; penalties not required
Medical assistance to aliens for treatment of emergency conditions
section 1396b(v)(2) of this titleSubsections (a)(1) and (d) shall not apply with respect to aliens seeking medical assistance for the treatment of an emergency medical condition under .
Aug. 14, 1935, ch. 531Pub. L. 98–369, div. B, title VI, § 2651(a)98 Stat. 1147Pub. L. 99–509, title IX, § 9101100 Stat. 1972Pub. L. 99–514, § 2100 Stat. 2095Pub. L. 99–603, title I, § 121(a)(1)100 Stat. 3384Pub. L. 100–360, title IV, § 411(k)(15)(A)102 Stat. 799Pub. L. 103–432, title II, § 231108 Stat. 4462Pub. L. 104–193, title I, § 108(g)(8)110 Stat. 2168Pub. L. 104–208, div. C, title V, § 507(a)110 Stat. 3009–673Pub. L. 106–169, title IV, § 401(p)113 Stat. 1859Pub. L. 106–170, title IV, § 405(a)113 Stat. 1911Pub. L. 110–234, title IV, § 4002(b)(1)(A)122 Stat. 1095–1097Pub. L. 110–246, § 4(a)122 Stat. 1664Pub. L. 113–79, title IV, § 4030(q)128 Stat. 815(, title XI, § 1137, as added , , ; amended , , ; , , ; , , ; , , ; , , ; , title III, § 313(c), , , 2212; , , ; , , ; , (b), , ; , (B), (2)(V), , ; , title IV, § 4002(b)(1)(A), (B), (2)(V), , , 1857, 1858; , , .)
Editorial Notes
References in Text
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.
Pub. L. 88–52578 Stat. 703section 2011 of Title 7The Food and Nutrition Act of 2008, referred to in subsec. (b)(4), is , , , which is classified generally to chapter 51 (§ 2011 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
Codification
Pub. L. 110–234Pub. L. 110–246Pub. L. 110–234section 4(a) of Pub. L. 110–246 and made identical amendments to this section. The amendments by were repealed by .
Amendments
Pub. L. 113–79, § 4030(q)(1)Pub. L. 110–246, § 4002(b)(1)(A)2014—Subsec. (a)(5)(B). , which directed substitution of “supplemental nutrition assistance” for “food stamp”, could not be executed because the words “supplemental nutrition assistance” already appeared in text after the amendment by , (2)(V). See 2008 Amendment note below.
Pub. L. 113–79, § 4030(q)(2)7 U.S.C. 2011Pub. L. 110–246, § 4002(b)(1)(A)Subsec. (b)(4). , which directed substitution of “supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( et seq.)” for “food stamp program under the Food Stamp Act of 1977”, was executed by making the substitution for “supplemental nutrition assistance program under the Food and Nutrition Act of 2008”, to reflect the probable intent of Congress and the amendment by , (B), (2)(V). See 2008 Amendment note below.
Pub. L. 110–246, § 4002(b)(1)(A)2008—Subsec. (a)(2), (5)(B). , (2)(V), substituted “supplemental nutrition assistance program” for “food stamp program”.
Pub. L. 110–246, § 4002(b)(1)(A)Subsec. (b)(4). , (B), (2)(V), substituted “supplemental nutrition assistance program” for “food stamp program” and “Food and Nutrition Act of 2008” for “Food Stamp Act of 1977”.
Pub. L. 106–170, § 405(b)(2)section 653a(a)(2)(B) of this title1999—Subsec. (a)(3). , inserted “(as defined in )” after “employers”.
Pub. L. 106–170, § 405(b)(1)section 653a(a)(2)(B)(iii) of this titlesection 653a(a)(2)(B)(ii) of this titlePub. L. 106–169, which directed striking out “(as defined in )” after “labor organizations”, was executed by striking “(as defined in )” to reflect the probable intent of Congress and the amendment by .
Pub. L. 106–170, § 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.
Pub. L. 104–193, § 313(c)section 653a(a)(2)(B)(iii) of this title1996—Subsec. (a)(3). , inserted “(including State and local governmental entities and labor organizations (as defined in )” 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.
Pub. L. 104–193, § 108(g)(8)(A)Subsec. (b)(1). , 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;”.
Pub. L. 104–193, § 108(g)(8)(B)section 602(a)(7) of this titleSubsec. (d)(1)(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 ,”.
Pub. L. 104–208Subsec. (d)(4)(B)(i). 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,”.
Pub. L. 103–4321994—Subsec. (d)(1)(A). 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.”
Pub. L. 100–3601988—Subsec. (f). added subsec. (f).
Pub. L. 99–603, § 121(a)(1)(A)1986—Subsec. (a). , inserted “which meets the requirements of subsection (d) and” after “system” in introductory text.
Pub. L. 99–514Subsec. (a)(2), (4)(B). substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”.
Pub. L. 99–509Subsec. (a)(4)(C). inserted before semicolon at end “, and no State shall be required to use such information to verify the eligibility of all recipients”.
Pub. L. 99–514Subsec. (a)(5). substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954” wherever appearing.
Pub. L. 99–603, § 121(a)(1)(B)Subsec. (b). , substituted “income and eligibility verification system” for “income verification system” in introductory text.
Pub. L. 99–514Subsecs. (b)(3), (c)(1). substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”.
Pub. L. 99–603, § 121(a)(1)(C)Subsecs. (d), (e). , added subsecs. (d) and (e).
Statutory Notes and Related Subsidiaries
Change of Name
section 4002(c) of Pub. L. 110–246section 2012 of Title 7References to the food stamp program established under the Food and Nutrition Act of 2008 [see Effective Date of 1986 Amendment note and Effective Date note below] considered to refer to the supplemental nutrition assistance program established under that Act, see , set out as a note under , Agriculture.
Effective Date of 2008 Amendment
Pub. L. 110–234Pub. L. 110–246Pub. L. 110–234section 4 of Pub. L. 110–246section 8701 of Title 7Amendment of this section and repeal of by effective , the date of enactment of , except as otherwise provided, see , set out as an Effective Date note under , Agriculture.
Pub. L. 110–246section 4407 of Pub. L. 110–246section 1161 of Title 2Amendment by section 4002(b)(1)(A), (B), (2)(V) of effective , see , set out as a note under , The Congress.
Effective Date of 1999 Amendments
Pub. L. 106–170, title IV, § 405(c)113 Stat. 1911
section 401(p) of Pub. L. 106–169Pub. L. 104–193section 401(q) of Pub. L. 106–169section 602 of this titleAmendment by effective as if included in the enactment of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, , see , set out as a note under .
Effective Date of 1996 Amendment
section 108(g)(8) of Pub. L. 104–193section 116 of Pub. L. 104–193section 601 of this titleAmendment by effective , with transition rules relating to State options to accelerate such date, rules relating to claims, actions, and proceedings commenced before such date, rules relating to closing out of accounts for terminated or substantially modified programs and continuance in office of Assistant Secretary for Family Support, and provisions relating to termination of entitlement under AFDC program, see , as amended, set out as an Effective Date note under .
section 313(c) of Pub. L. 104–193Pub. L. 104–193section 654 of this titleFor effective date of amendment by , see section 395(a)–(c) of , set out as a note under .
Effective Date of 1988 Amendment
Pub. L. 100–360, title IV, § 411(k)(15)(B)102 Stat. 799
Effective Date of 1986 Amendment; Use of Verification System
Pub. L. 99–603, title I, § 121(c)(3)100 Stat. 3391
Use of verification system required in fiscal year 1989 .—
Use of verification system not required for a program in certain cases.—
Report to respective congressional committees .—
Waiver in certain cases .—
Basis for determination .—
Definitions .—
Effective Date
Pub. L. 98–369, div. B, title VI, § 2651l98 Stat. 1151
Construction of 1999 Amendment
Pub. L. 106–170Pub. L. 106–169Pub. L. 106–170section 121(c)(1) of Pub. L. 106–169section 1396a of this titleAmendment by to be executed as if had been enacted after the enactment of , see , set out as a note under .
Abolition of Immigration and Naturalization Service and Transfer of Functions
section 1551 of Title 8For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under , Aliens and Nationality.
Immigration and Naturalization Service To Establish Verification System by
Pub. L. 99–603, title I, § 121(c)(1)100 Stat. 3391
General Accounting Office Reports
Pub. L. 99–603, title I, § 121(d)100 Stat. 3393, , , directed Comptroller General to 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 report, not later than , to Congress and to Commissioner of 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, with Comptroller General to monitor and analyze the implementation of such system, report to Congress and to the appropriate Secretaries, by not later than , on such implementation, and include in such report recommendations for appropriate changes in the system.