US Code

Public Law 119-73 (01/23/2026)

8 U.S.C. § 1642

Verification of eligibility for Federal public benefits

(a)

In general

(1)
section 1611(c) of this titlesection 1611 of this titlesection 1320b–7 of title 42 Not later than 18 months after , 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 ), to which the limitation under 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 . Not later than 90 days after , the Attorney General of the United States, after consultation with the Secretary of Health and Human Services, shall issue interim verification guidance.
(2)
section 1611(c) of this title Not later than 18 months after , 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 ) to provide proof of citizenship in a fair and nondiscriminatory manner.
(3)
8 U.S.C. 11018 U.S.C. 1182(d)(5)section 1621 of this title Not later than 90 days after , 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 [ et seq.], or an alien paroled into the United States under section 212(d)(5) of the Immigration and Nationality Act [] for less than 1 year, for purposes of determining whether the alien is ineligible for benefits under .
(b)

State compliance

Not later than 24 months after the date the regulations described in subsection (a) 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

section 1611(c) of this titlesection 1621(c) of this titleSubject to subsection (a), a nonprofit charitable organization, in providing any Federal public benefit (as defined in ) or any State or local public benefit (as defined in ), is not required under this chapter to determine, verify, or otherwise require proof of eligibility of any applicant for such benefits.

Pub. L. 104–193, title IV, § 432110 Stat. 2274Pub. L. 104–208, div. C, title V110 Stat. 3009–672Pub. L. 105–33, title V, § 5572(a)111 Stat. 641(, , ; , §§ 504, 508, , , 3009–673; , , .)

Editorial Notes

References in Text

act June 27, 1952, ch. 47766 Stat. 163section 1101 of this titleThe Immigration and Nationality Act, referred to in subsec. (a)(3), is , , 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 and Tables.

Pub. L. 104–193110 Stat. 2260section 1183a of this titlesection 1383 of this titlesection 1183a of this titlesection 32 of Title 26This chapter, referred to in subsec. (d), was in the original “this title” meaning title IV of , , , which enacted this chapter, , and sections 611a and 1437y of Title 42, The Public Health and Welfare, amended , sections 32 and 6213 of Title 26, Internal Revenue Code, and sections 1436a and 1471 of Title 42, and enacted provisions set out as notes under and . For complete classification of title IV to the Code, see Tables.

Amendments

Pub. L. 105–33, § 5572(a)(1)1997—Subsec. (a)(1). , inserted at end “Not later than 90 days after , the Attorney General of the United States, after consultation with the Secretary of Health and Human Services, shall issue interim verification guidance.”

Pub. L. 105–33, § 5572(a)(2)Subsec. (a)(3). , added par. (3).

Pub. L. 104–208, § 5041996—Subsec. (a). , designated existing provisions as par. (1) and added par. (2).

Pub. L. 104–208, § 508Subsec. (d). , added subsec. (d).

Statutory Notes and Related Subsidiaries

Effective Date of 1997 Amendment

Pub. L. 105–33Pub. L. 104–193section 5582 of Pub. L. 105–33section 1367 of this titleAmendment by effective as if included in the enactment of title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, , see , set out as a note under .