
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC1320b-7]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 7--SOCIAL SECURITY
 
   SUBCHAPTER XI--GENERAL PROVISIONS, PEER REVIEW, AND ADMINISTRATIVE 
                             SIMPLIFICATION
 
                       Part A--General Provisions
 
Sec. 1320b-7. Income and eligibility verification system


(a) Requirements of State eligibility systems

    In order to meet the requirements of this section, a State must have 
in effect an income and eligibility verification system which meets the 
requirements of subsection (d) of this section and under which--
        (1) the State shall require, as a condition of eligibility for 
    benefits under any program listed in subsection (b) of this section, 
    that each applicant for or recipient of benefits under that program 
    furnish to the State his social security account number (or numbers, 
    if he has more than one such number), and the State shall utilize 
    such account numbers in the administration of that program so as to 
    enable the association of the records pertaining to the applicant or 
    recipient with his account number;
        (2) wage information from agencies administering State 
    unemployment compensation laws available pursuant to section 
    3304(a)(16) of the Internal Revenue Code of 1986, wage information 
    reported pursuant to paragraph (3) of this subsection, and wage, 
    income, and other information from the Social Security 
    Administration and the Internal Revenue Service available pursuant 
    to section 6103(l)(7) of such Code, shall be requested and utilized 
    to the extent that such information may be useful in verifying 
    eligibility for, and the amount of, benefits available under any 
    program listed in subsection (b) of this section, as determined by 
    the Secretary of Health and Human Services (or, in the case of the 
    unemployment compensation program, by the Secretary of Labor, or, in 
    the case of the food stamp program, by the Secretary of 
    Agriculture);
        (3) employers (as defined in section 653a(a)(2)(B) of this 
    title) (including State and local governmental entities and labor 
    organizations) in such State are required, effective September 30, 
    1988, to make quarterly wage reports to a State agency (which may be 
    the agency administering the State's unemployment compensation law) 
    except that the Secretary of Labor (in consultation with the 
    Secretary of Health and Human Services and the Secretary of 
    Agriculture) may waive the provisions of this paragraph if he 
    determines that the State has in effect an alternative system which 
    is as effective and timely for purposes of providing employment 
    related income and eligibility data for the purposes described in 
    paragraph (2), 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, 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;
        (4) the State agencies administering the programs listed in 
    subsection (b) of this section adhere to standardized formats and 
    procedures established by the Secretary of Health and Human Services 
    (in consultation with the Secretary of Agriculture) under which--
            (A) the agencies will exchange with each other information 
        in their possession which may be of use in establishing or 
        verifying eligibility or benefit amounts under any other such 
        program;
            (B) such information shall be made available to assist in 
        the child support program under part D of subchapter IV of this 
        chapter, and to assist the Secretary of Health and Human 
        Services in establishing or verifying eligibility or benefit 
        amounts under subchapters II and XVI of this chapter, but 
        subject to the safeguards and restrictions established by the 
        Secretary of the Treasury with respect to information released 
        pursuant to section 6103(l) of the Internal Revenue Code of 
        1986; and
            (C) the use of such information shall be targeted to those 
        uses which are most likely to be productive in identifying and 
        preventing ineligibility and incorrect payments, and no State 
        shall be required to use such information to verify the 
        eligibility of all recipients;

        (5) adequate safeguards are in effect so as to assure that--
            (A) the information exchanged by the State agencies is made 
        available only to the extent necessary to assist in the valid 
        administrative needs of the program receiving such information, 
        and the information released pursuant to section 6103(l) of the 
        Internal Revenue Code of 1986 is only exchanged with agencies 
        authorized to receive such information under such section 
        6103(l); and
            (B) the information is adequately protected against 
        unauthorized disclosure for other purposes, as provided in 
        regulations established by the Secretary of Health and Human 
        Services, or, in the case of the unemployment compensation 
        program, the Secretary of Labor, or, in the case of the food 
        stamp program, the Secretary of Agriculture, or \1\ in the case 
        of information released pursuant to section 6103(l) of the 
        Internal Revenue Code of 1986, the Secretary of the Treasury;
---------------------------------------------------------------------------
    \1\ So in original. Probably should be followed by a comma.

        (6) all applicants for and recipients of benefits under any such 
    program shall be notified at the time of application, and 
    periodically thereafter, that information available through the 
    system will be requested and utilized; and
        (7) accounting systems are utilized which assure that programs 
    providing data receive appropriate reimbursement from the programs 
    utilizing the data for the costs incurred in providing the data.

(b) Applicable programs

    The programs which must participate in the income and eligibility 
verification system are--
        (1) any State program funded under part A of subchapter IV of 
    this chapter;
        (2) the medicaid program under subchapter XIX of this chapter;
        (3) the unemployment compensation program under section 3304 of 
    the Internal Revenue Code of 1986;
        (4) the food stamp program under the Food Stamp Act of 1977 [7 
    U.S.C. 2011 et seq.]; and
        (5) any State program under a plan approved under subchapter I, 
    X, XIV, or XVI of this chapter.

(c) Protection of applicants from improper use of information

    (1) In order to protect applicants for and recipients of benefits 
under the programs identified in subsection (b) of this section, or 
under the supplemental security income program under subchapter XVI of 
this chapter, from the improper use of information obtained from the 
Secretary of the Treasury under section 6103(l)(7)(B) of the Internal 
Revenue Code of 1986, no Federal, State, or local agency receiving such 
information may terminate, deny, suspend, or reduce any benefits of an 
individual until such agency has taken appropriate steps to 
independently verify information relating to--
        (A) the amount of the asset or income involved,
        (B) whether such individual actually has (or had) access to such 
    asset or income for his own use, and
        (C) the period or periods when the individual actually had such 
    asset or income.

    (2) Such individual shall be informed by the agency of the findings 
made by the agency on the basis of such verified information, and shall 
be given an opportunity to contest such findings, in the same manner as 
applies to other information and findings relating to eligibility 
factors under the program.

(d) Citizenship or immigration status requirements; documentation; 
        verification by Immigration and Naturalization Service; denial 
        of benefits; hearing

    The requirements of this subsection, with respect to an income and 
eligibility verification system of a State, are as follows:
        (1)(A) The State shall require, as a condition of an 
    individual's eligibility for benefits under a program listed in 
    subsection (b) of this section, a declaration in writing, under 
    penalty of perjury--
            (i) by the individual,
            (ii) in the case in which eligibility for program benefits 
        is determined on a family or household basis, by any adult 
        member of such individual's family or household (as applicable), 
        or
            (iii) in the case of an individual born into a family or 
        household receiving benefits under such program, by any adult 
        member of such family or household no later than the next 
        redetermination of eligibility of such family or household 
        following the birth of such individual,

    stating whether 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.
        (B) In this subsection, in the case of the program described in 
    subsection (b)(4) of this section--
            (i) any reference to the State shall be considered a 
        reference to the State agency, and
            (ii) any reference to an individual's eligibility for 
        benefits under the program shall be considered a reference to 
        the individual's eligibility to participate in the program as a 
        member of a household, and
            (iii) the term ``satisfactory immigration status'' means an 
        immigration status which does not make the individual ineligible 
        for benefits under the applicable program.

        (2) If such an individual is not a citizen or national of the 
    United States, there must be presented either--
            (A) alien registration documentation or other proof of 
        immigration registration from the Immigration and Naturalization 
        Service that contains the individual's alien admission number or 
        alien file number (or numbers if the individual has more than 
        one number), or
            (B) such other documents as the State determines constitutes 
        reasonable evidence indicating a satisfactory immigration 
        status.

        (3) If the documentation described in paragraph (2)(A) is 
    presented, the State shall utilize the individual's alien file or 
    alien admission number to verify with the Immigration and 
    Naturalization Service the individual's immigration status through 
    an automated or other system (designated by the Service for use with 
    States) that--
            (A) utilizes the individual's name, file number, admission 
        number, or other means permitting efficient verification, and
            (B) protects the individual's privacy to the maximum degree 
        possible.

        (4) In the case of such an individual who is not a citizen or 
    national of the United States, if, at the time of application for 
    benefits, the statement described in paragraph (1) is submitted but 
    the documentation required under paragraph (2) is not presented or 
    if the documentation required under paragraph (2)(A) is presented 
    but such documentation is not verified under paragraph (3)--
            (A) the State--
                (i) shall provide a reasonable opportunity to submit to 
            the State evidence indicating a satisfactory immigration 
            status, and
                (ii) may not delay, deny, reduce, or terminate the 
            individual's eligibility for benefits under the program on 
            the basis of the individual's immigration status until such 
            a reasonable opportunity has been provided; and

            (B) if there are submitted documents which the State 
        determines constitutes reasonable evidence indicating such 
        status--
                (i) the State shall transmit to the Immigration and 
            Naturalization Service either photostatic or other similar 
            copies of such documents, or information from such 
            documents, as specified by the Immigration and 
            Naturalization Service, for official verification,
                (ii) pending such verification, the State may not delay, 
            deny, reduce, or terminate the individual's eligibility for 
            benefits under the program on the basis of the individual's 
            immigration status, and
                (iii) the State shall not be liable for the consequences 
            of any action, delay, or failure of the Service to conduct 
            such verification.

        (5) If the State determines, after complying with the 
    requirements of paragraph (4), that such an individual is not in a 
    satisfactory immigration status under the applicable program--
            (A) the State shall deny or terminate the individual's 
        eligibility for benefits under the program, and
            (B) the applicable fair hearing process shall be made 
        available with respect to the individual.

(e) Erroneous State citizenship or immigration status determinations; 
        penalties not required

    Each Federal agency responsible for administration of a program 
described in subsection (b) of this section shall not take any 
compliance, disallowance, penalty, or other regulatory action against a 
State with respect to any error in the State's determination to make an 
individual eligible for benefits based on citizenship or immigration 
status--
        (1) if the State has provided such eligibility based on a 
    verification of satisfactory immigration status by the Immigration 
    and Naturalization Service,
        (2) because the State, under subsection (d)(4)(A)(ii) of this 
    section, was required to provide a reasonable opportunity to submit 
    documentation,
        (3) because the State, under subsection (d)(4)(B)(ii) of this 
    section, was required to wait for the response of the Immigration 
    and Naturalization Service to the State's request for official 
    verification of the immigration status of the individual, or
        (4) because of a fair hearing process described in subsection 
    (d)(5)(B) of this section.

(f) Medical assistance to aliens for treatment of emergency conditions

    Subsections (a)(1) and (d) of this section shall not apply with 
respect to aliens seeking medical assistance for the treatment of an 
emergency medical condition under section 1396b(v)(2) of this title.

(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).


                    Effective Date of 1999 Amendments

    Pub. L. 106-170, title IV, Sec. 405(c), Dec. 17, 1999, 113 Stat. 
1911, provided that: ``The amendments made by this section [amending 
this section] shall apply to wage reports required to be submitted on 
and after the date of the enactment of this Act [Dec. 17, 1999].''
    Amendment by section 401(p) of Pub. L. 106-169 effective as if 
included in the enactment of the Personal Responsibility and Work 
Opportunity Reconciliation Act of 1996, Pub. L. 104-193, see section 
401(q) of Pub. L. 106-169, set out as a note under section 602 of this 
title.


                    Effective Date of 1996 Amendment

    Amendment by section 108(g)(8) of Pub. L. 104-193 effective July 1, 
1997, 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 section 116 of Pub. 
L. 104-193, as amended, set out as an Effective Date note under section 
601 of this title.
    For effective date of amendment by section 313(c) of Pub. L. 104-
193, see section 395(a)-(c) of Pub. L. 104-193, set out as a note under 
section 654 of this title.


                    Effective Date of 1988 Amendment

    Section 411(k)(15)(B) of Pub. L. 100-360 provided that: ``The 
amendment made by subparagraph (A) [amending this section] shall apply 
as if it were included in the enactment of section 9406 of the Omnibus 
Budget Reconciliation Act of 1986 [see section 9406(c) of Pub. L. 99-
509, set out as an Effective Date of 1986 Amendment note under section 
1396a of this title].''


      Effective Date of 1986 Amendment; Use of Verification System

    Section 121(c)(3), (4) of Pub. L. 99-603 provided that:
    ``(3) Use of verification system required in fiscal year 1989.--
Except as provided in paragraph (4), the amendments made by subsection 
(a) [amending this section, section 1436a of this title, and section 
1091 of Title 20, Education] 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) [set out as a note below] 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 
            [part A of subchapter IV of this chapter].
                ``(II) The medicaid program under title XIX of the 
            Social Security Act [subchapter XIX of this chapter].
                ``(III) Any State program under a plan approved under 
            title I, X, XIV, or XVI of the Social Security Act 
            [subchapter I, X, XIV, or XVI of this chapter].
                ``(IV) The unemployment compensation program under 
            section 3304 of the Internal Revenue Code of 1954 [now 1986; 
            26 U.S.C. 3304].
                ``(V) The food stamp program under the Food Stamp Act of 
            1977 [7 U.S.C. 2011 et seq.].
                ``(VI) The programs of financial assistance for housing 
            subject to section 214 of the Housing and Community 
            Development Act of 1980 [42 U.S.C. 1436a].
                ``(VII) The program of grants, loans, and work 
            assistance under title IV of the Higher Education Act of 
            1965 [20 U.S.C. 1070 et seq.; 42 U.S.C. 2751 et seq.].
            ``(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.''


                             Effective Date

    Section 2651(l) of Pub. L. 98-369 provided that:
    ``(1) The amendments made by subsections (j) and (k) [amending 
section 1383 of this title and section 6103 of Title 26, Internal 
Revenue Code] shall become effective on the date of the enactment of 
this Act [July 18, 1984].
    ``(2) Except as otherwise specifically provided, the amendments made 
by subsections (a) through (i) [enacting this section, amending sections 
302, 503, 602, 1202, 1352, and 1396a of this title and section 2020 of 
Title 7, Agriculture, repealing section 611 of this title, and amending 
provisions set out as a note under section 1382 of this title] shall 
become effective on April 1, 1985. In the case of any State which 
submits a plan describing a good faith effort by such State to come into 
compliance with the requirements of such subsections, the Secretary of 
Health and Human Services (or, in the case of the State unemployment 
compensation program, the Secretary of Labor, or, in the case of the 
food stamp program, the Secretary of Agriculture) may by waiver grant a 
delay in the effective date of such subsections, except that no such 
waiver may delay the effective date of section 1137(c) of the Social 
Security Act [subsec. (c) of this section] (as added by subsection (a) 
of this section), or delay the effective date of any other provision of 
or added by this section beyond September 30, 1986.''


                     Construction of 1999 Amendment

    Amendment by Pub. L. 106-170 to be executed as if Pub. L. 106-169 
had been enacted after the enactment of Pub. L. 106-170, see section 
121(c)(1) of Pub. L. 106-169, set out as a note under section 1396a of 
this title.


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.''


                    General Accounting Office Reports

    Section 121(d) of Pub. L. 99-603 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 Oct. 1, 1987, 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 Apr. 1, 1989, on such implementation, and include in such 
report recommendations for appropriate changes in the system.

                  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.
