
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-504 Section 3(b)]
[CITE: 42USC1436a]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                      CHAPTER 8--LOW-INCOME HOUSING
 
Sec. 1436a. Restriction on use of assisted housing by non-
        resident aliens
        

(a) Conditions for assistance

    Notwithstanding any other provision of law, the applicable Secretary 
may not make financial assistance available for the benefit of any alien 
unless that alien is a resident of the United States and is--
        (1) an alien lawfully admitted for permanent residence as an 
    immigrant as defined by section 1101(a)(15) and (20) of title 8, 
    excluding, among others, alien visitors, tourists, diplomats, and 
    students who enter the United States temporarily with no intention 
    of abandoning their residence in a foreign country;
        (2) an alien who entered the United States prior to June 30, 
    1948, or such subsequent date as is enacted by law, has continuously 
    maintained his or her residence in the United States since then, and 
    is not ineligible for citizenship, but who is deemed to be lawfully 
    admitted for permanent residence as a result of an exercise of 
    discretion by the Attorney General pursuant to section 1259 of title 
    8;
        (3) an alien who is lawfully present in the United States 
    pursuant to an admission under section 1157 of title 8 or pursuant 
    to the granting of asylum (which has not been terminated) under 
    section 1158 of title 8;
        (4) an alien who is lawfully present in the United States as a 
    result of an exercise of discretion by the Attorney General for 
    emergent reasons or reasons deemed strictly in the public interest 
    pursuant to section 1182(d)(5) of title 8;
        (5) an alien who is lawfully present in the United States as a 
    result of the Attorney General's withholding deportation pursuant to 
    section 1231(b)(3) of title 8; or
        (6) an alien lawfully admitted for temporary or permanent 
    residence under section 1255a of title 8.

(b) ``Financial assistance'' defined

    (1) For purposes of this section the term ``financial assistance'' 
means financial assistance made available pursuant to the United States 
Housing Act of 1937 [42 U.S.C. 1437 et seq.], section 1715z or 1715z-1 
of title 12, the direct loan program under section 1472 of this title or 
section 1472(c)(5)(D), 1474, 1490a(a)(2)(A), or 1490r of this title, 
subtitle A of title III of the Cranston-Gonzalez National Affordable 
Housing Act [42 U.S.C. 12851 et seq.], or section 101 of the Housing and 
Urban Development Act of 1965 [12 U.S.C. 1701s].
    (2) If the eligibility for financial assistance of at least one 
member of a family has been affirmatively established under the program 
of financial assistance and under this section, and the ineligibility of 
one or more family members has not been affirmatively established under 
this section, any financial assistance made available to that family by 
the applicable Secretary shall be prorated, based on the number of 
individuals in the family for whom eligibility has been affirmatively 
established under the program of financial assistance and under this 
section, as compared with the total number of individuals who are 
members of the family.

(c) Preservation of families; students

    (1) If, following completion of the applicable hearing process, 
financial assistance for any individual receiving such assistance on 
February 5, 1988, is to be terminated, the public housing agency or 
other local governmental entity involved (in the case of public housing 
or assistance under section 8 of the United States Housing Act of 1937 
[42 U.S.C. 1437f]) or the applicable Secretary (in the case of any other 
financial assistance) shall take one of the following actions:
        (A) Permit the continued provision of financial assistance, if 
    necessary to avoid the division of a family in which the head of 
    household or spouse is a citizen of the United States, a national of 
    the United States, or an alien resident of the United States 
    described in any of paragraphs (1) through (6) of subsection (a) of 
    this section. For purposes of this paragraph, the term ``family'' 
    means a head of household, any spouse, any parents of the head of 
    household, any parents of the spouse, and any children of the head 
    of household or spouse. Financial assistance continued under this 
    subparagraph for a family may be provided only on a prorated basis, 
    under which the amount of financial assistance is based on the 
    percentage of the total number of members of the family that are 
    eligible for that assistance under the program of financial 
    assistance and under this section.
        (B)(i) Defer the termination of financial assistance, if 
    necessary to permit the orderly transition of the individual and any 
    family members involved to other affordable housing.
        (ii) Except as provided in clause (iii), any deferral under this 
    subparagraph shall be for a 6-month period and may be renewed by the 
    public housing agency or other entity involved for an aggregate 
    period of 18-months. At the beginning of each deferral period, the 
    public housing agency or other entity involved shall inform the 
    individual and family members of their ineligibility for financial 
    assistance and offer them other assistance in finding other 
    affordable housing.
        (iii) The time period described in clause (ii) shall not apply 
    in the case of a refugee under section 1157 of title 8 or an 
    individual seeking asylum under section 1158 of title 8.

    (2) Notwithstanding any other provision of law, the applicable 
Secretary may not make financial assistance available for the benefit 
of--
        (A) any alien who--
            (i) has a residence in a foreign country that such alien has 
        no intention of abandoning;
            (ii) is a bona fide student qualified to pursue a full 
        course of study; and
            (iii) is admitted to the United States temporarily and 
        solely for purposes of pursuing such a course of study at an 
        established institution of learning or other recognized place of 
        study in the United States, particularly designated by such 
        alien and approved by the Attorney General after consultation 
        with the Department of Education of the United States, which 
        institution or place of study shall have agreed to report to the 
        Attorney General the termination of attendance of each 
        nonimmigrant student (and if any such institution of learning or 
        place of study fails to make such reports promptly the approval 
        shall be withdrawn); and

        (B) the alien spouse and minor children of any alien described 
    in subparagraph (A), if accompanying such alien or following to join 
    such alien.

(d) Conditions for provision of financial assistance for individuals

    The following conditions apply with respect to financial assistance 
being or to be provided for the benefit of an individual:
        (1)(A) There must be 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. 
    If the declaration states that the individual is not a citizen or 
    national of the United States and that the individual is younger 
    than 62 years of age, the declaration shall be verified by the 
    Immigration and Naturalization Service. If the declaration states 
    that the individual is a citizen or national of the United States, 
    the applicable Secretary, or the agency administering assistance 
    covered by this section, may request verification of the declaration 
    by requiring presentation of documentation that the applicable 
    Secretary considers appropriate, including a United States passport, 
    resident alien card, alien registration card, social security card, 
    or other documentation.
        (B) In this subsection, the term ``satisfactory immigration 
    status'' means an immigration status which does not make the 
    individual ineligible for financial assistance.
        (2) If such an individual is not a citizen or national of the 
    United States, is not 62 years of age or older, and is receiving 
    financial assistance on September 30, 1996, or applying for 
    financial assistance on or after September 30, 1996, 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 applicable Secretary 
        determines constitutes reasonable evidence indicating a 
        satisfactory immigration status.

    In the case of an individual applying for financial assistance on or 
    after September 30, 1996, the applicable Secretary may not provide 
    any such assistance for the benefit of that individual before 
    documentation is presented and verified under paragraph (3) or (4).
        (3) If the documentation described in paragraph (2)(A) is 
    presented, the applicable Secretary 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, is not 62 years of age or older, and 
    is receiving financial assistance on September 30, 1996, or applying 
    for financial assistance on or after September 30, 1996, if, at the 
    time of application or recertification for financial assistance, 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 applicable Secretary--
                (i) shall provide a reasonable opportunity, not to 
            exceed 30 days, to submit to the applicable Secretary 
            evidence indicating a satisfactory immigration status, or to 
            appeal to the Immigration and Naturalization Service the 
            verification determination of the Immigration and 
            Naturalization Service under paragraph (3),
                (ii) in the case of any individual receiving assistance 
            on September 30, 1996, may not delay, deny, reduce, or 
            terminate the eligibility of that individual for financial 
            assistance on the basis of the immigration status of that 
            individual until the expiration of that 30-day period; and
                (iii) in the case of any individual applying for 
            financial assistance on or after September 30, 1996, may not 
            deny the application for such assistance on the basis of the 
            immigration status of that individual until the expiration 
            of that 30-day period; and

            (B) if any documents or additional information are submitted 
        as evidence under subparagraph (A), or if appeal is made to the 
        Immigration and Naturalization Service with respect to the 
        verification determination of the Service under paragraph (3)--
                (i) the applicable Secretary shall transmit to the 
            Immigration and Naturalization Service photostatic or other 
            similar copies of such documents or additional information 
            for official verification,
                (ii) pending such verification or appeal, the applicable 
            Secretary may not--
                    (I) in the case of any individual receiving 
                assistance on September 30, 1996, delay, deny, reduce, 
                or terminate the eligibility of that individual for 
                financial assistance on the basis of the immigration 
                status of that individual; and
                    (II) in the case of any individual applying for 
                financial assistance on or after September 30, 1996, 
                deny the application for such assistance on the basis of 
                the immigration status of that individual; and

                (iii) the applicable Secretary shall not be liable for 
            the consequences of any action, delay, or failure of the 
            Service to conduct such verification.

        (5) If the applicable Secretary determines, after complying with 
    the requirements of paragraph (4), that such an individual is not in 
    a satisfactory immigration status, the applicable Secretary shall--
            (A) deny the application of that individual for financial 
        assistance or terminate the eligibility of that individual for 
        financial assistance, as applicable;
            (B) provide that the individual may request a fair hearing 
        during the 30-day period beginning upon receipt of the notice 
        under subparagraph (C); and
            (C) provide to the individual written notice of the 
        determination under this paragraph, the right to a fair hearing 
        process, and the time limitation for requesting a hearing under 
        subparagraph (C).

        (6) The applicable Secretary shall terminate the eligibility for 
    financial assistance of an individual and the members of the 
    household of the individual, for a period of not less than 24 
    months, upon determining that such individual has knowingly 
    permitted another individual who is not eligible for such assistance 
    to reside in the public or assisted housing unit of the individual. 
    This provision shall not apply to a family if the ineligibility of 
    the ineligible individual at issue was considered in calculating any 
    proration of assistance provided for the family.

For purposes of this subsection, the term ``applicable Secretary'' means 
the applicable Secretary, a public housing agency, or another entity 
that determines the eligibility of an individual for financial 
assistance.

(e) Regulatory actions against entities for erroneous determinations 
        regarding eligibility based upon citizenship or immigration 
        status

    The applicable Secretary shall not take any compliance, 
disallowance, penalty, or other regulatory action against an entity with 
respect to any error in the entity's determination to make an individual 
eligible for financial assistance based on citizenship or immigration 
status--
        (1) if the entity has provided such eligibility based on a 
    verification of satisfactory immigration status by the Immigration 
    and Naturalization Service,
        (2) because the entity, under subsection (d)(4)(A)(ii) of this 
    section (or under any alternative system for verifying immigration 
    status with the Immigration and Naturalization Service authorized in 
    the Immigration Reform and Control Act of 1986 (Public Law 99-603)), 
    was required to provide a reasonable opportunity to submit 
    documentation, or
        (3) because the entity, under subsection (d)(4)(B)(ii) of this 
    section (or under any alternative system for verifying immigration 
    status with the Immigration and Naturalization Service authorized in 
    the Immigration Reform and Control Act of 1986 (Public Law 99-603)), 
    was required to wait for the response of the Immigration and 
    Naturalization Service to the entity's request for official 
    verification of the immigration status of the individual, or the 
    response from the Immigration and Naturalization Service to the 
    appeal of that individual.

(f) Verification system; liability of State or local government agencies 
        or officials; prior consent agreements, court decrees or court 
        orders unaffected

    (1) Notwithstanding any other provision of law, no agency or 
official of a State or local government shall have any liability for the 
design or implementation of the Federal verification system described in 
subsection (d) of this section if the implementation by the State or 
local agency or official is in accordance with Federal rules and 
regulations.
    (2) The verification system of the Department of Housing and Urban 
Development shall not supersede or affect any consent agreement entered 
into or court decree or court order entered prior to February 5, 1988.

(g) Reimbursement for costs of implementation

    The applicable Secretary is authorized to pay to each public housing 
agency or other entity an amount equal to 100 percent of the costs 
incurred by the public housing agency or other entity in implementing 
and operating an immigration status verification system under subsection 
(d) of this section (or under any alternative system for verifying 
immigration status with the Immigration and Naturalization Service 
authorized in the Immigration Reform and Control Act of 1986 (Public Law 
99-603)).

(h) ``Applicable Secretary'' defined

    For purposes of this section, the term ``applicable Secretary'' 
means--
        (1) the Secretary of Housing and Urban Development, with respect 
    to financial assistance administered by such Secretary and financial 
    assistance under subtitle A of title III of the Cranston-Gonzalez 
    National Affordable Housing Act [42 U.S.C. 12851 et seq.]; and
        (2) the Secretary of Agriculture, with respect to financial 
    assistance administered by such Secretary.

(i) Verification of eligibility

                           (1) In general

        No individual or family applying for financial assistance may 
    receive such financial assistance prior to the affirmative 
    establishment and verification of eligibility of at least the 
    individual or one family member under subsection (d) of this section 
    by the applicable Secretary or other appropriate entity.

           (2) Rules applicable to public housing agencies

        A public housing agency (as that term is defined in section 3 of 
    the United States Housing Act of 1937 [42 U.S.C. 1437a])--
            (A) may, notwithstanding paragraph (1) of this subsection, 
        elect not to affirmatively establish and verify eligibility 
        before providing financial assistance \1\
---------------------------------------------------------------------------
    \1\ So in original. Probably should be followed by ``; and''.
---------------------------------------------------------------------------
            (B) in carrying out subsection (d) of this section--
                (i) may initiate procedures to affirmatively establish 
            or verify the eligibility of an individual or family under 
            this section at any time at which the public housing agency 
            determines that such eligibility is in question, regardless 
            of whether or not that individual or family is at or near 
            the top of the waiting list of the public housing agency;
                (ii) may affirmatively establish or verify the 
            eligibility of an individual or family under this section in 
            accordance with the procedures set forth in section 
            1324a(b)(1) of title 8; and
                (iii) shall have access to any relevant information 
            contained in the SAVE system (or any successor thereto) that 
            relates to any individual or family applying for financial 
            assistance.

                     (3) Eligibility of families

        For purposes of this subsection, with respect to a family, the 
    term ``eligibility'' means the eligibility of each family member.

(Pub. L. 96-399, title II, Sec. 214, Oct. 8, 1980, 94 Stat. 1637; Pub. 
L. 97-35, title III, Sec. 329(a), Aug. 13, 1981, 95 Stat. 408; Pub. L. 
99-603, title I, Sec. 121(a)(2), Nov. 6, 1986, 100 Stat. 3386; Pub. L. 
100-242, title I, Sec. 164(a)-(f)(1), Feb. 5, 1988, 101 Stat. 1860-1863; 
Pub. L. 104-193, title IV, Sec. 441(a), Aug. 22, 1996, 110 Stat. 2276; 
Pub. L. 104-208, div. C, title III, Sec. 308(g)(7)(D)(ii), title V, 
Secs. 572-576, Sept. 30, 1996, 110 Stat. 3009-624, 3009-684, 3009-685, 
3009-687; Pub. L. 105-276, title V, Sec. 592(a), Oct. 21, 1998, 112 
Stat. 2653.)

                       References in Text

    The United States Housing Act of 1937, referred to in subsec. (b), 
is act Sept. 1, 1937, ch. 896, as revised generally by Pub. L. 93-383, 
title II, Sec. 201(a), Aug. 22, 1974, 88 Stat. 653, and amended, which 
is classified generally to this chapter (Sec. 1437 et seq.). For 
complete classification of this Act to the Code, see Short Title note 
set out under section 1437 of this title and Tables.
    The Cranston-Gonzalez National Affordable Housing Act, referred to 
in subsecs. (b)(1) and (h)(1), is Pub. L. 101-625, Nov. 28, 1990, 104 
Stat. 4079, as amended. Subtitle A of title III of the Act, known as the 
National Homeownership Trust Act, is classified generally to subchapter 
III (Sec. 12851 et seq.) of chapter 130 of this title. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 12701 of this title and Tables.
    Section 101 of the Housing and Urban Development Act of 1965, 
referred to in subsec. (b), is section 101 of Pub. L. 89-117, title I, 
Aug. 10, 1965, 79 Stat. 451, which enacted section 1701s of Title 12, 
Banks and Banking, and amended sections 1451 and 1465 of this title.
    The Immigration Reform and Control Act of 1986, referred to in 
subsecs. (e)(2), (3) and (g), is Pub. L. 99-603, Nov. 6, 1986, 100 Stat. 
3359. For complete classification of this Act to the Code, see Short 
Title of 1986 Amendments note set out under section 1101 of Title 8, 
Aliens and Nationality, and Tables.

                          Codification

    Section was enacted as part of the Housing and Community Development 
Act of 1980, and not as part of the United States Housing Act of 1937 
which comprises this chapter.


                               Amendments

    1998--Subsec. (b)(2). Pub. L. 105-276, Sec. 592(a)(1), substituted 
``applicable Secretary'' for ``Secretary of Housing and Urban 
Development''.
    Subsec. (c)(1)(B). Pub. L. 105-276, Sec. 592(a)(2), aligned cls. 
(ii) and (iii) with cl. (i).
    Subsec. (d)(1)(A). Pub. L. 105-276, Sec. 592(a)(3)(A), in last 
sentence, substituted ``applicable Secretary, or'' for ``Secretary of 
Housing and Urban Development, or'' and ``applicable Secretary 
considers'' for ``Secretary considers''.
    Subsec. (d)(2). Pub. L. 105-276, Sec. 592(a)(3)(B), aligned 
concluding provisions with par. (2) and inserted ``applicable'' before 
``Secretary'' in concluding provisions.
    Subsec. (d)(4)(B)(ii). Pub. L. 105-276, Sec. 592(a)(3)(C), inserted 
``applicable'' before ``Secretary'' in introductory provisions.
    Subsec. (d)(5). Pub. L. 105-276, Sec. 592(a)(3)(D), substituted 
``the applicable Secretary shall'' for ``the Secretary shall'' in 
introductory provisions.
    Subsec. (d)(6). Pub. L. 105-276, Sec. 592(a)(3)(E), inserted 
``applicable'' before ``Secretary''.
    Subsec. (h). Pub. L. 105-276, Sec. 592(a)(5), redesignated subsec. 
(h), relating to verification of eligibility, as (i).
    Subsec. (h)(1). Pub. L. 105-276, Sec. 592(a)(4)(A), substituted 
``No'' for ``Except in the case of an election under paragraph (2)(A), 
no'' and ``subsection (d) of this section'' for ``this section'' and 
inserted ``applicable'' before ``Secretary''.
    Subsec. (h)(2)(A). Pub. L. 105-276, Sec. 592(a)(4)(B)(i), added 
subpar. (A) and struck out former subpar. (A) which read as follows: 
``may elect not to comply with this section; and''.
    Subsec. (h)(2)(B). Pub. L. 105-276, Sec. 592(a)(4)(B)(ii), 
substituted ``in carrying out subsection (d) of this section'' for ``in 
complying with this section'' in introductory provisions.
    Subsec. (i). Pub. L. 105-276, Sec. 592(a)(5), redesignated subsec. 
(h), relating to verification of eligibility, as (i).
    1996--Subsec. (a). Pub. L. 104-193, Sec. 441(a)(1), substituted 
``applicable Secretary'' for ``Secretary of Housing and Urban 
Development'' in introductory provisions.
    Subsec. (a)(5). Pub. L. 104-208, Sec. 308(g)(7)(D)(ii), substituted 
``section 1231(b)(3)'' for ``section 1253(h)''.
    Subsec. (b). Pub. L. 104-208, Sec. 572, designated existing 
provisions as par. (1) and added par. (2).
    Pub. L. 104-193, Sec. 441(a)(2), inserted ``the direct loan program 
under section 1472 of this title or section 1472(c)(5)(D), 1474, 
1490a(a)(2)(A), or 1490r of this title, subtitle A of title III of the 
Cranston-Gonzalez National Affordable Housing Act,'' after ``1715z-1 of 
title 12,''.
    Subsec. (c). Pub. L. 104-193, Sec. 441(a)(1), substituted 
``applicable Secretary'' for ``Secretary of Housing and Urban 
Development'' in two places.
    Subsec. (c)(1). Pub. L. 104-208, Sec. 573(1), substituted ``shall'' 
for ``may, in its discretion,'' in introductory provisions.
    Subsec. (c)(1)(A). Pub. L. 104-208, Sec. 573(2), inserted at end 
``Financial assistance continued under this subparagraph for a family 
may be provided only on a prorated basis, under which the amount of 
financial assistance is based on the percentage of the total number of 
members of the family that are eligible for that assistance under the 
program of financial assistance and under this section.''
    Subsec. (c)(1)(B). Pub. L. 104-208, Sec. 573(3), designated first 
sentence of existing provisions as cl. (i), designated second and third 
sentences of existing provisions as cl. (ii) and substituted ``Except as 
provided in clause (iii), any deferral'' for ``Any deferral'' and ``18-
months'' for ``3 years'', and added cl. (iii).
    Subsec. (d). Pub. L. 104-208, Sec. 574(1), inserted ``or to be'' 
after ``being'' in introductory provisions.
    Pub. L. 104-193, Sec. 441(a)(3), substituted ``applicable 
Secretary'' for ``Secretary'' wherever appearing in pars. (2) to (6).
    Pub. L. 104-193, Sec. 441(a)(1), (4), substituted ``the term 
`applicable Secretary' '' for ``the term `Secretary' '' and ``applicable 
Secretary'' for ``Secretary of Housing and Urban Development'' in 
closing provisions.
    Subsec. (d)(1)(A). Pub. L. 104-208, Sec. 574(2), inserted at end 
``If the declaration states that the individual is not a citizen or 
national of the United States and that the individual is younger than 62 
years of age, the declaration shall be verified by the Immigration and 
Naturalization Service. If the declaration states that the individual is 
a citizen or national of the United States, the Secretary of Housing and 
Urban Development, or the agency administering assistance covered by 
this section, may request verification of the declaration by requiring 
presentation of documentation that the Secretary considers appropriate, 
including a United States passport, resident alien card, alien 
registration card, social security card, or other documentation.''
    Subsec. (d)(2). Pub. L. 104-208, Sec. 574(3), substituted ``on 
September 30, 1996, or applying for financial assistance on or after 
September 30, 1996'' for ``on February 5, 1988'' in introductory 
provisions and added concluding provisions.
    Subsec. (d)(4). Pub. L. 104-208, Sec. 574(4)(A), substituted ``on 
September 30, 1996, or applying for financial assistance on or after 
September 30, 1996'' for ``on February 5, 1988'' in introductory 
provisions.
    Subsec. (d)(4)(A)(i). Pub. L. 104-208, Sec. 574(4)(B)(i)(I), 
inserted ``, not to exceed 30 days,'' after ``reasonable opportunity''.
    Subsec. (d)(4)(A)(ii), (iii). Pub. L. 104-208, 
Sec. 574(4)(B)(i)(II), (ii), added cls. (ii) and (iii) and struck out 
former cl. (ii) which read as follows: ``may not delay, deny, reduce, or 
terminate the individual's eligibility for financial assistance on the 
basis of the individual's immigration status until such a reasonable 
opportunity has been provided; and''.
    Subsec. (d)(4)(B)(ii). Pub. L. 104-208, Sec. 574(4)(C), added cl. 
(ii) and struck out former cl. (ii) which read as follows: ``pending 
such verification or appeal, the applicable Secretary may not delay, 
deny, reduce, or terminate the individual's eligibility for financial 
assistance on the basis of the individual's immigration status, and''.
    Subsec. (d)(5). Pub. L. 104-208, Sec. 574(5), inserted ``, the 
Secretary shall'' after ``status'' in introductory provisions, added 
subpars. (A) to (C), and struck out former subpars. (A) and (B) which 
read as follows:
    ``(A) the applicable Secretary shall deny or terminate the 
individual's eligibility for financial assistance, and
    ``(B) the applicable fair hearing process shall be made available 
with respect to the individual.''
    Subsec. (d)(6). Pub. L. 104-208, Sec. 574(6), added par. (6) and 
struck out former par. (6) which read as follows: ``For purposes of 
paragraph (5)(B), the applicable fair hearing process made available 
with respect to any individual shall include not less than the following 
procedural protections:
        ``(A) The applicable Secretary shall provide the individual with 
    written notice of the determination described in paragraph (5) and 
    of the opportunity for a hearing with respect to the determination.
        ``(B) Upon timely request by the individual, the applicable 
    Secretary shall provide a hearing before an impartial hearing 
    officer designated by the applicable Secretary, at which hearing the 
    individual may produce evidence of a satisfactory immigration 
    status.
        ``(C) The applicable Secretary shall notify the individual in 
    writing of the decision of the hearing officer on the appeal of the 
    determination in a timely manner.
        ``(D) Financial assistance may not be denied or terminated until 
    the completion of the hearing process.''
    Subsec. (e). Pub. L. 104-193, Sec. 441(a)(1), substituted 
``applicable Secretary'' for ``Secretary of Housing and Urban 
Development'' in introductory provisions.
    Subsec. (e)(3). Pub. L. 104-208, Sec. 575(2), inserted at end ``the 
response from the Immigration and Naturalization Service to the appeal 
of that individual.''
    Subsec. (e)(4). Pub. L. 104-208, Sec. 575(1), (3), struck out par. 
(4) which read as follows: ``because of a fair hearing process described 
in subsection (d)(5)(B) of this section (or provided for under any 
alternative system for verifying immigration status with the Immigration 
and Naturalization Service authorized in the Immigration Reform and 
Control Act of 1986 (Public Law 99-603)).''
    Subsec. (g). Pub. L. 104-193, Sec. 441(a)(1), substituted 
``applicable Secretary'' for ``Secretary of Housing and Urban 
Development''.
    Subsec. (h). Pub. L. 104-208, Sec. 576, added subsec. (h) relating 
to verification of eligibility.
    Pub. L. 104-193, Sec. 441(a)(5), added subsec. (h) defining 
``applicable Secretary''.
    1988--Subsec. (a)(6). Pub. L. 100-242, Sec. 164(a), added par. (6).
    Subsec. (c). Pub. L. 100-242, Sec. 164(b), added subsec. (c).
    Subsec. (d). Pub. L. 100-242, Sec. 164(c)(8), amended last sentence 
generally. Prior to amendment, last sentence read as follows: ``In this 
subsection and subsection (e) of this section, the term `Secretary' 
refers to the Secretary and to a public housing authority or other 
entity which makes financial assistance available.''
    Subsec. (d)(2). Pub. L. 100-242, Sec. 164(c)(1), inserted ``, is not 
62 years of age or older, and is receiving financial assistance on 
February 5, 1988'' after ``States''.
    Subsec. (d)(4). Pub. L. 100-242, Sec. 164(c)(2), in introductory 
provisions, inserted ``, is not 62 years of age or older, and is 
receiving financial assistance on February 5, 1988'' after ``States'', 
and ``or recertification'' after ``application''.
    Subsec. (d)(4)(A)(i). Pub. L. 100-242, Sec. 164(c)(3), inserted 
after comma ``or to appeal to the Immigration and Naturalization Service 
the verification determination of the Immigration and Naturalization 
Service under paragraph (3),''.
    Subsec. (d)(4)(B). Pub. L. 100-242, Sec. 164(c)(4), amended 
introductory provisions generally. Prior to amendment, introductory 
provisions read as follows: ``if there are submitted documents which the 
Secretary determines constitutes reasonable evidence indicating such 
status--''.
    Subsec. (d)(4)(B)(i), (ii). Pub. L. 100-242, Sec. 164(c)(5), (6), 
inserted ``or additional information'' after ``documents'' in cl. (i), 
and ``or appeal'' after ``verification'' in cl. (ii).
    Subsec. (d)(6). Pub. L. 100-242, Sec. 164(c)(7), added par. (6).
    Subsec. (e). Pub. L. 100-242, Sec. 164(d)(1), in introductory 
provisions, inserted ``of Housing and Urban Development'' after 
``Secretary''.
    Subsec. (e)(2), (3). Pub. L. 100-242, Sec. 164(d)(2), (3), inserted 
``(or under any alternative system for verifying immigration status with 
the Immigration and Naturalization Service authorized in the Immigration 
Reform and Control Act of 1986 (Public Law 99-603))''.
    Subsec. (e)(4). Pub. L. 100-242, Sec. 164(d)(4), inserted ``(or 
provided for under any alternative system for verifying immigration 
status with the Immigration and Naturalization Service authorized in the 
Immigration Reform and Control Act of 1986 (Public Law 99-603))''.
    Subsec. (f). Pub. L. 100-242, Sec. 164(e), added subsec. (f).
    Subsec. (g). Pub. L. 100-242, Sec. 164(f)(1), added subsec. (g).
    1986--Subsecs. (d), (e). Pub. L. 99-603 added subsecs. (d) and (e).
    1981--Subsec. (a). Pub. L. 97-35 substituted provisions relating to 
restrictions on use of assisted housing by resident aliens meeting 
further conditions for provisions relating to prohibition on financial 
assistance to nonimmigrant student-aliens.
    Subsec. (b). Pub. L. 97-35 struck out ``(1)'' after ``(b)'' and par. 
(2) which defined ``nonimmigrant student-alien''.


                    Effective Date of 1998 Amendment

    Pub. L. 105-276, title V, Sec. 592(b), Oct. 21, 1998, 112 Stat. 
2654, provided that: ``The amendments made by this section [amending 
this section] are made on, and shall apply beginning upon, the date of 
the enactment of this Act [Oct. 21, 1998].''


                    Effective Date of 1996 Amendment

    Amendment by section 308(g)(7)(D)(ii) of Pub. L. 104-208 effective, 
with certain transitional provisions, on the first day of the first 
month beginning more than 180 days after Sept. 30, 1996, see section 309 
of Pub. L. 104-208, set out as a note under section 1101 of Title 8, 
Aliens and Nationality.
    Amendment by sections 572-576 of Pub. L. 104-208 effective Sept. 30, 
1996, see section 591 of Pub. L. 104-208, set out as a note under 
section 1101 of Title 8.


                    Effective Date of 1988 Amendment

    Section 164(h) of Pub. L. 100-242 provided that:
    ``(1) The provisions of, and amendments made by, subsections (a), 
(b), (e), (f), and (g) [amending this section, repealing section 1437r 
of this title, and enacting provisions set out below] shall take effect 
on the date of the enactment of this Act [Feb. 5, 1988].
    ``(2) The amendments made by subsections (c) and (d) [amending this 
section] shall take effect on October 1, 1988.''


                    Effective Date of 1986 Amendment

    Amendment by Pub. L. 99-603 effective on Oct. 1, 1988, with certain 
exceptions and qualifications, see section 121(c)(3), (4) of Pub. L. 99-
603, set out as a note under section 1320b-7 of this title.


                    Effective Date of 1981 Amendment

    Amendment by Pub. L. 97-35 effective Oct. 1, 1981, see section 371 
of Pub. L. 97-35, set out as an Effective Date note under section 3701 
of Title 12, Banks and Banking.


                      Short Title of 1996 Amendment

    Section 571 of div. C of Pub. L. 104-208 provided that: ``This 
subtitle [subtitle E (Secs. 571-577) of title V of div. C of Pub. L. 
104-208, amending this section and enacting provisions set out as a note 
below] may be cited as the `Use of Assisted Housing by Aliens Act of 
1996'.''


                               Regulations

    Section 577 of div. C of Pub. L. 104-208 provided that:
    ``(a) Issuance.--Not later than the 60 days after the date of 
enactment of this Act [Sept. 30, 1996], the Secretary of Housing and 
Urban Development shall issue any regulations necessary to implement the 
amendments made by this part [probably means this subtitle, subtitle E 
(Secs. 571-577) of title V of div. C of Pub. L. 104-208, see Short Title 
of 1996 Amendment note above]. Such regulations shall be issued in the 
form of an interim final rule, which shall take effect upon issuance and 
shall not be subject to the provisions of section 533 of title 5, United 
States Code, regarding notice or opportunity for comment.
    ``(b) Failure To Issue.--If the Secretary fails to issue the 
regulations required under subsection (a) before the date specified in 
that subsection, the regulations relating to restrictions on assistance 
to noncitizens, contained in the final rule issued by the Secretary of 
Housing and Urban Development in RIN-2501-AA63 (Docket No. R-95-1409; 
FR-2383-F-050), published in the Federal Register on March 20, 1995 
(Vol. 60, No. 53; pp. 14824-14861), shall not apply after that date.''


         Transitional Certification and Documentation Provisions

    Section 164(g) of Pub. L. 100-242 provided that: ``In carrying out 
section 214 of the Housing and Community Development Act of 1980 [this 
section] during fiscal year 1988, the Secretary of Housing and Urban 
Development shall require, as a condition of providing financial 
assistance for the benefit of any individual, that such individual--
        ``(1) declare in writing, under penalty of perjury, whether or 
    not such individual is a citizen or national of the United States; 
    and
        ``(2) if not a citizen or national--
            ``(A) declare in writing, under penalty of perjury, the 
        immigration status of such individual, if such individual is not 
        less than 62 years of age `and is receiving financial assistance 
        on the date of the enactment of the Housing and Community 
        Development Act of 1987' [Feb. 5, 1988]; or
            ``(B) provide such documentation regarding the immigration 
        status of such individual as the Secretary may require by 
        regulation.''


                Delayed Implementation of 1981 Amendment

    Pub. L. 98-181, title IV, Sec. 474(e), Nov. 30, 1983, 97 Stat. 1239, 
provided in part that: ``The Secretary may not implement the amendment 
to section 214 of the Housing and Community Development Act of 1980 
[this section], made by section 329(a) of the Housing and Community 
Development Amendments of 1981 [Pub. L. 97-35], before the expiration of 
the one-year period following the date of the enactment of this Act 
[Nov. 30, 1983].''


     Aliens Granted Conditional Entry Eligible for Assisted Housing

    Section 329(b) of Pub. L. 97-35 provided that: ``An alien who is 
lawfully present in the United States as a result of being granted 
conditional entry pursuant to section 203(a)(7) of the Immigration and 
Nationality Act (8 U.S.C. 1153(a)(7)) before April 1, 1980, because of 
persecution or fear of persecution on account of race, religion, or 
political opinion or because of being uprooted by catastrophic natural 
calamity shall be deemed, for purposes of section 214 of the Housing and 
Community Development Act of 1980 [this section], to be an alien 
described in section 214(a)(3) of such Act [subsec. (a)(3) of this 
section].''
