§ 1436a. Restriction on use of assisted housing by non-resident aliens

Footnotes

1. 1 So in original.
2. 2 So in original. Probably should be followed by “; and”.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1980

   Housing and Community Development Act of 1980

   Pub. L. 96–399 title II § 214 · 94 Stat. 1614

   Enacted · 42 U.S.C. § 1436a

   Pub. L. 96–399, title II, § 214, Oct. 8, 1980, 94 Stat. 1637

   Source evidence

   Code source credit
   Pub. L. 96–399, title II, § 214, Oct. 8, 1980, 94 Stat. 1637

   Enacted provision · exact public law section
   Sec. 214. restriction on use of assisted housing (a) Notwithstanding any other provision of law, the Nonimmigrant student aliens. 42 USC 1436a. Secretary of Housing and Urban Development may not make financial assistance available for the benefit of any nonimmigrant student-alien. (b) For purposes of this section— Definitions. (1) the term “financial assistance” means financial assistance made available pursuant to the United States Housing Act of 1937, section 235 or 236 of the National Housing Act, or section 42 USC 1437 note. 12 USC 1715z, 1715z–l. 12 USC 1701s, 142 USC 1451, 1465. 101 of the Housing and Urban Development Act of 1965; and (2) the term “nonimmigrant student-alien” means (A) an alien having a residence in a foreign country which he or she has no intention of abandoning, who is a bona fide student qualified to pursue a full course of study and who is admitted to the United States temporarily and solely for purpose 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 him or her 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student, and if any such institution of learning or place of study fails to make reports promptly the approval shall be withdrawn, and (B) the alien spouse and minor children of any such alien if accompanying him or her or following to join him or her.

2. 1981

   Housing and Community Development Amendments of 1981

   Pub. L. 97–35 title III § 329(a) · 95 Stat. 357

   Substituted · 42 U.S.C. § 1436a(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (a) Section 214 of the Housing and Community Development 94 Stat. 1637. 42 USC 1436a. Act of 1980 is amended to read as follows: “Sec. 214. “restriction on use of assisted housing (a) Notwithstanding any other provision of law, the Secretary of Housing and Urban Development 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 sections 101(a)(15) and 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15) and 8 U.S.C. 1101(a)(20)), 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 249 of the Immigration and Nationality Act (8 U.S.C. 1259); “(3) an alien who is lawfully present in the United States pursuant to an admission under section 207 of the Immigration 94 Stat. 103. and Nationality Act (8 U.S.C. 1157) or pursuant to the granting of asylum (which has not been terminated) under section 208 of 94 Stat. 105. such Act (8 U.S.C. 1158); “(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 212(d)(5) of the Immigration and Nationality 94 Stat. 107. Act (8 U.S.C. 1182(d)(5)); or “(5) an alien who is lawfully present in the United States as a result of the Attorney General’s withholding deportation pursuant to section 243(h) of the Immigration and Nationality Act (8 94 Stat. 107. U.S.C. 1253(h)). “(b) For purposes of this section the term ‘financial assistance’ means financial assistance made available pursuant to the United 42 USC 1437 note. 12 USC 1715z, 1715z–1. States Housing Act of 1937, section 235 or 236 of the National Housing Act, or section 101 of the Housing and Urban Development Act of 1965.”.

3. 1981

   Housing and Community Development Amendments of 1981

   Pub. L. 97–35 title III § 329(a) · 95 Stat. 357

   Struck · 42 U.S.C. § 1436a(b)

   Pub. L. 97–35 struck out “(1)” after “(b)” and par. (2) which defined “nonimmigrant student-alien”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 97–35 struck out “(1)” after “(b)” and par. (2) which defined “nonimmigrant student-alien”.

   Enacted provision · exact public law section
   (a) Section 214 of the Housing and Community Development 94 Stat. 1637. 42 USC 1436a. Act of 1980 is amended to read as follows: “Sec. 214. “restriction on use of assisted housing (a) Notwithstanding any other provision of law, the Secretary of Housing and Urban Development 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 sections 101(a)(15) and 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15) and 8 U.S.C. 1101(a)(20)), 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 249 of the Immigration and Nationality Act (8 U.S.C. 1259); “(3) an alien who is lawfully present in the United States pursuant to an admission under section 207 of the Immigration 94 Stat. 103. and Nationality Act (8 U.S.C. 1157) or pursuant to the granting of asylum (which has not been terminated) under section 208 of 94 Stat. 105. such Act (8 U.S.C. 1158); “(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 212(d)(5) of the Immigration and Nationality 94 Stat. 107. Act (8 U.S.C. 1182(d)(5)); or “(5) an alien who is lawfully present in the United States as a result of the Attorney General’s withholding deportation pursuant to section 243(h) of the Immigration and Nationality Act (8 94 Stat. 107. U.S.C. 1253(h)). “(b) For purposes of this section the term ‘financial assistance’ means financial assistance made available pursuant to the United 42 USC 1437 note. 12 USC 1715z, 1715z–1. States Housing Act of 1937, section 235 or 236 of the National Housing Act, or section 101 of the Housing and Urban Development Act of 1965.”.

4. 1986

   Pub. L. 99–603 title I § 121(a)(2) · 100 Stat. 3359

   Added · 42 U.S.C. § 1436a(d); 42 U.S.C. § 1436a(e)

   Pub. L. 99–603 added subsecs. (d) and (e)

   Source evidence

   Code amendment note
   Subsecs. (d), (e). Pub. L. 99–603 added subsecs. (d) and (e).

   Enacted provision · exact public law section
   (2) Under housing assistance programs.— Section 214 of the Housing and Community Development Act of 1980 (42 U.S.C. 1436a) is amended by adding at the end the following new subsections: “(d) The following conditions apply with respect to financial assistance being provided for the benefit of an individual: “(1)Children and youth. (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. “(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, 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 Secretary determines constitutes reasonable evidence indicating a satisfactory immigration status. “(3) If the documentation described in paragraph (2)(A) is presented, the 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, if, at the time of application 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 Secretary— “(i) shall provide a reasonable opportunity to submit to the Secretary evidence indicating a satisfactory immigration status, and “(ii) 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 “(B) if there are submitted documents which the Secretary determines constitutes reasonable evidence indicating such status— “(i) the Secretary shall transmit to the Immigration and Naturalization Service photostatic or other similar copies of such documents for official verification, “(ii) pending such verification, the 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 “(iii) the Secretary shall not be liable for the consequences of any action, delay, or failure of the Service to conduct such verification. “(5) If the Secretary determines, after complying with the requirements of paragraph (4), that such an individual is not in a satisfactory immigration status— “(A) the 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. In this subsection and subsection (e), the term ‘Secretary’ refers to the Secretary and to a public housing authority or other entity which makes financial assistance available. “(e) The 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), was required to provide a reasonable opportunity to submit documentation, “(3) because the entity, under subsection (d)(4)(B)(ii), was required to wait for the response to the Immigration and Naturalization Service to the entity’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).”.

5. 1988

   Housing and Community Development Act of 1987

   Pub. L. 100–242 § 164(a) · 101 Stat. 1815

   Added · 42 U.S.C. § 1436a(a)(6)

   Pub. L. 100–242, § 164(a), added par. (6)

   Source evidence

   Code amendment note
   Subsec. (a)(6). Pub. L. 100–242, § 164(a), added par. (6).

   Enacted provision · exact public law section
   (a) Aliens Admitted for Lawful Residence.— Section 214(a) of 42 USC 1436a. the Housing and Community Development Act of 1980 is amended— (1) by striking “or” at the end of paragraph (4); (2) by striking the period at the end of paragraph (5) and inserting “; or”; and (3) by adding at the end the following new paragraph: “(6) an alien lawfully admitted for temporary or permanent residence under section 245A of the Immigration and Nationality Act.”.

6. 1988

   Housing and Community Development Act of 1987

   Pub. L. 100–242 § 164(b) · 101 Stat. 1815

   Added · 42 U.S.C. § 1436a(c)

   Pub. L. 100–242, § 164(b), added subsec. (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 100–242, § 164(b), added subsec. (c).

   Enacted provision · exact public law section
   (b) Preservation of Families.— Section 214 of the Housing and Community Development Act of 1980 is amended by inserting after subsection (b) the following new subsection: “(c) (1) If, following completion of the applicable hearing process, financial assistance for any individual receiving such assistance on the date of the enactment of the Housing and Community Development Act of 1987 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) or the Secretary of Housing and Urban Development (in the case of any other financial assistance) may, in its discretion, 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). 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. “(B) 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. 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 3 years. 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. “(2) Notwithstanding any other provision of law, the Secretary of Housing and Urban Development 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.”.

7. 1988

   Housing and Community Development Act of 1987

   Pub. L. 100–242 § 164(c)(8) · 101 Stat. 1815

   Amended · 42 U.S.C. § 1436a(d)

   Pub. L. 100–242, § 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.”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 100–242, § 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.”

   Enacted provision · exact public law section
   (8) by striking the last sentence and inserting the following: “For purposes of this subsection, the term ‘Secretary’ means the Secretary of Housing and Urban Development, a public housing agency, or another entity that determines the eligibility of an individual for financial assistance.”.

8. 1988

   Housing and Community Development Act of 1987

   Pub. L. 100–242 § 164(c)(1) · 101 Stat. 1815

   Inserted · 42 U.S.C. § 1436a(d)(2)

   Pub. L. 100–242, § 164(c)(1), inserted “, is not 62 years of age or older, and is receiving financial assistance on February 5, 1988” after “States”

   Source evidence

   Code amendment note
   Subsec. (d)(2). Pub. L. 100–242, § 164(c)(1), inserted “, is not 62 years of age or older, and is receiving financial assistance on February 5, 1988” after “States”.

   Enacted provision · exact public law section
   (1) in paragraph (2), by inserting after “States” the following: “, is not 62 years of age or older, and is receiving financial assistance on the date of the enactment of the Housing and Community Development Act of 1987”;

9. 1988

   Housing and Community Development Act of 1987

   Pub. L. 100–242 § 164(c)(2) · 101 Stat. 1815

   Inserted · 42 U.S.C. § 1436a(d)(4)

   Pub. L. 100–242, § 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”

   Source evidence

   Code amendment note
   Subsec. (d)(4). Pub. L. 100–242, § 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”.

   Enacted provision · exact public law section
   (2) in paragraph (4), in the matter before subparagraph (A)— (A) by inserting after “States” the following: is not 62 years of age or older, and is receiving financial assistance on the date of the enactment of the Housing and Community Development Act of 1987”; and (B) by inserting “or recertification” after “application”;

10. 1988

    Housing and Community Development Act of 1987

    Pub. L. 100–242 § 164(c)(3) · 101 Stat. 1815

    Inserted · 42 U.S.C. § 1436a(d)(4)(A)(i)

    Pub. L. 100–242, § 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),”

    Source evidence

    Code amendment note
    Subsec. (d)(4)(A)(i). Pub. L. 100–242, § 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),”.

    Enacted provision · exact public law section
    (3) in paragraph (4)(A)(i), by inserting after the comma the following: “or to appeal to the Immigration and Naturalization Service the verification determination of the Immigration and Naturalization Service under paragraph (3),”;

11. 1988

    Housing and Community Development Act of 1987

    Pub. L. 100–242 § 164(c)(4) · 101 Stat. 1815

    Amended · 42 U.S.C. § 1436a(d)(4)(B)

    Pub. L. 100–242, § 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—”

    Source evidence

    Code amendment note
    Subsec. (d)(4)(B). Pub. L. 100–242, § 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—”.

    Enacted provision · exact public law section
    (4) in paragraph (4)(B), by striking the matter before clause (i) and inserting the following: “(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)—

12. 1988

    Housing and Community Development Act of 1987

    Pub. L. 100–242 § 164(c)(5) · 101 Stat. 1815

    Inserted · 42 U.S.C. § 1436a(d)(4)(B)(i); 42 U.S.C. § 1436a(d)(4)(B)(ii)

    Pub. L. 100–242, § 164(c)(5), (6), inserted “or additional information” after “documents” in cl. (i), and “or appeal” after “verification” in cl. (ii)

    Source evidence

    Code amendment note
    Subsec. (d)(4)(B)(i), (ii). Pub. L. 100–242, § 164(c)(5), (6), inserted “or additional information” after “documents” in cl. (i), and “or appeal” after “verification” in cl. (ii).

    Enacted provision · exact public law section
    (5) in paragraph (4)(B)(i), by inserting “or additional information” after “documents”;

13. 1988

    Housing and Community Development Act of 1987

    Pub. L. 100–242 § 164(c)(7) · 101 Stat. 1815

    Added · 42 U.S.C. § 1436a(d)(6)

    Pub. L. 100–242, § 164(c)(7), added par. (6)

    Source evidence

    Code amendment note
    Subsec. (d)(6). Pub. L. 100–242, § 164(c)(7), added par. (6).

    Enacted provision · exact public law section
    (7) by inserting after paragraph (5) the following new paragraph: “(6) 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 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 Secretary shall provide a hearing before an impartial hearing officer designated by the Secretary, at which hearing the individual may produce evidence of a satisfactory immigration status. “(C) The 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.”; and

14. 1988

    Housing and Community Development Act of 1987

    Pub. L. 100–242 § 164(d)(1) · 101 Stat. 1815

    Inserted · 42 U.S.C. § 1436a(e)

    Pub. L. 100–242, § 164(d)(1), in introductory provisions, inserted “of Housing and Urban Development” after “Secretary”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 100–242, § 164(d)(1), in introductory provisions, inserted “of Housing and Urban Development” after “Secretary”.

    Enacted provision · exact public law section
    (1) in the matter before paragraph (1), by inserting “of Housing and Urban Development” after “Secretary”;

15. 1988

    Housing and Community Development Act of 1987

    Pub. L. 100–242 § 164(d)(2) · 101 Stat. 1815

    Inserted · 42 U.S.C. § 1436a(e)(2); 42 U.S.C. § 1436a(e)(3)

    Pub. L. 100–242, § 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))”

    Source evidence

    Code amendment note
    Subsec. (e)(2), (3). Pub. L. 100–242, § 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))”.

    Enacted provision · exact public law section
    (2) in paragraph (2), by inserting after “(d)(4)(A)(ii)” the following: “(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))”;

16. 1988

    Housing and Community Development Act of 1987

    Pub. L. 100–242 § 164(d)(4) · 101 Stat. 1815

    Inserted · 42 U.S.C. § 1436a(e)(4)

    Pub. L. 100–242, § 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))”

    Source evidence

    Code amendment note
    Subsec. (e)(4). Pub. L. 100–242, § 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))”.

    Enacted provision · exact public law section
    (4) in paragraph (4), by inserting after “(d)(5)(B)” the following: “(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))”.

17. 1988

    Housing and Community Development Act of 1987

    Pub. L. 100–242 § 164(e) · 101 Stat. 1815

    Added · 42 U.S.C. § 1436a(f)

    Pub. L. 100–242, § 164(e), added subsec. (f)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 100–242, § 164(e), added subsec. (f).

    Enacted provision · exact public law section
    (e) Verification System.— Section 214 of the Housing and Community Development Act of 1980 (as amended by section 121(a)(2) of the Immigration Reform and Control Act of 1986 (Public Law 99–603)) is amended by adding at the end the following new 42 USC 1436a. subsection: “(f) (1) Notwithstanding any other provision of law, no agency or State and local governments. state and local official of a State or local government shall have any liability for the governments, design or implementation of the Federal verification system described in subsection (d) 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 the date of the enactment of the Housing and Community Development Act of 1987.”.

18. 1988

    Housing and Community Development Act of 1987

    Pub. L. 100–242 § 164(f)(1) · 101 Stat. 1815

    Added · 42 U.S.C. § 1436a(g)

    Pub. L. 100–242, § 164(f)(1), added subsec. (g)

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 100–242, § 164(f)(1), added subsec. (g).

    Enacted provision · exact public law section
    (1) Section 214 of the Housing and Community Development Act of 1980 (as amended by subsection (e) of this section) is further amended by adding at the end the following new subsection: “(g) The Secretary of Housing and Urban Development is authorized Immigration. 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) (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)).”.

19. 1996

    Personal Responsibility and Work Opportunity Reconciliation Act of 1996

    Pub. L. 104–193 § 441(a)(1) · 110 Stat. 2105

    Substituted · 42 U.S.C. § 1436a(a)

    Pub. L. 104–193, § 441(a)(1), substituted “applicable Secretary” for “Secretary of Housing and Urban Development” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 104–193, § 441(a)(1), substituted “applicable Secretary” for “Secretary of Housing and Urban Development” in introductory provisions.

    Enacted provision · exact public law section
    (1) by striking “Secretary of Housing and Urban Development” each place it appears and inserting “applicable Secretary”;

20. 1996

    Personal Responsibility and Work Opportunity Reconciliation Act of 1996

    Pub. L. 104–193 § 441(a)(2) · 110 Stat. 2105

    Inserted · 42 U.S.C. § 1436a(b)

    Pub. L. 104–193, § 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,”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 104–193, § 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,”.

    Enacted provision · exact public law section
    (2) in subsection (b), by inserting after “National Housing Act,” the following: “the direct loan program under section 502 of the Housing Act of 1949 or section 502(c)(5)(1)), 504, 521(a)(2)(A), or 542 of such Act, subtitle A of title III of the Cranston-Gonzalez National Affordable Housing Act,”;

21. 1996

    Personal Responsibility and Work Opportunity Reconciliation Act of 1996

    Pub. L. 104–193 § 441(a)(1) · 110 Stat. 2105

    Substituted · 42 U.S.C. § 1436a(c)

    Pub. L. 104–193, § 441(a)(1), substituted “applicable Secretary” for “Secretary of Housing and Urban Development” in two places

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 104–193, § 441(a)(1), substituted “applicable Secretary” for “Secretary of Housing and Urban Development” in two places.

    Enacted provision · exact public law section
    (1) by striking “Secretary of Housing and Urban Development” each place it appears and inserting “applicable Secretary”;

22. 1996

    Personal Responsibility and Work Opportunity Reconciliation Act of 1996

    Pub. L. 104–193 § 441(a)(3) · 110 Stat. 2105

    Substituted · 42 U.S.C. § 1436a(d)

    Pub. L. 104–193, § 441(a)(3), substituted “applicable Secretary” for “Secretary” wherever appearing in pars. (2) to (6)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 104–193, § 441(a)(3), substituted “applicable Secretary” for “Secretary” wherever appearing in pars. (2) to (6).

    Enacted provision · exact public law section
    (3) in paragraphs (2) through (6) of subsection (d), by striking “Secretary” each place it appears and inserting “applicable Secretary”;

23. 1996

    Personal Responsibility and Work Opportunity Reconciliation Act of 1996

    Pub. L. 104–193 § 441(a)(1) · 110 Stat. 2105

    1. Substituted · 42 U.S.C. § 1436a(d)

       Pub. L. 104–193, § 441(a)(1), (4), substituted “the term ‘applicable Secretary’ ” for “the term ‘Secretary’ ” in closing provisions

    2. Substituted · 42 U.S.C. § 1436a(d)

       Pub. L. 104–193, § 441(a)(1), (4), substituted “applicable Secretary” for “Secretary of Housing and Urban Development” in closing provisions

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 104–193, § 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.

    Enacted provision · exact public law section
    (1) by striking “Secretary of Housing and Urban Development” each place it appears and inserting “applicable Secretary”;

24. 1996

    Personal Responsibility and Work Opportunity Reconciliation Act of 1996

    Pub. L. 104–193 § 441(a)(1) · 110 Stat. 2105

    Substituted · 42 U.S.C. § 1436a(e)

    Pub. L. 104–193, § 441(a)(1), substituted “applicable Secretary” for “Secretary of Housing and Urban Development” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 104–193, § 441(a)(1), substituted “applicable Secretary” for “Secretary of Housing and Urban Development” in introductory provisions.

    Enacted provision · exact public law section
    (1) by striking “Secretary of Housing and Urban Development” each place it appears and inserting “applicable Secretary”;

25. 1996

    Personal Responsibility and Work Opportunity Reconciliation Act of 1996

    Pub. L. 104–193 § 441(a)(1) · 110 Stat. 2105

    Substituted · 42 U.S.C. § 1436a(g)

    Pub. L. 104–193, § 441(a)(1), substituted “applicable Secretary” for “Secretary of Housing and Urban Development”

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 104–193, § 441(a)(1), substituted “applicable Secretary” for “Secretary of Housing and Urban Development”.

    Enacted provision · exact public law section
    (1) by striking “Secretary of Housing and Urban Development” each place it appears and inserting “applicable Secretary”;

26. 1996

    Personal Responsibility and Work Opportunity Reconciliation Act of 1996

    Pub. L. 104–193 § 441(a)(5) · 110 Stat. 2105

    Added · 42 U.S.C. § 1436a(h)

    Pub. L. 104–193, § 441(a)(5), added subsec. (h) defining “applicable Secretary”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 104–193, § 441(a)(5), added subsec. (h) defining “applicable Secretary”.

    Enacted provision · exact public law section
    (5) by adding at the end the following new subsection: “(h) 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; and “(2) the Secretary of Agriculture, with respect to financial assistance administered by such Secretary.”.

27. 1996

    Department of Education Appropriations Act, 1997

    Pub. L. 104–208 § 308(g)(7)(D)(ii) · 110 Stat. 3009

    Substituted · 42 U.S.C. § 1436a(a)(5)

    Pub. L. 104–208, § 308(g)(7)(D)(ii), substituted “section 1231(b)(3)” for “section 1253(h)”

    Source evidence

    Code amendment note
    Subsec. (a)(5). Pub. L. 104–208, § 308(g)(7)(D)(ii), substituted “section 1231(b)(3)” for “section 1253(h)”.

    Enacted provision · exact public law section
    Sec. 308. None of the funds in this Act may be used to plan, prepare, or offer for sale timber from trees classified as giant sequoia (Sequoiadendron giganteum) which are located on National Forest System or Bureau of Land Management lands in a manner different than such sales were conducted in fiscal year 1995.

28. 1996

    Pub. L. 104–208 § 572 · 110 Stat. 3009

    1. Amended · 42 U.S.C. § 1436a(b)

       Pub. L. 104–208, § 572, designated existing provisions as par. (1)

    2. Added · 42 U.S.C. § 1436a(b)

       Pub. L. 104–208, § 572, added par. (2)

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 104–208, § 572, designated existing provisions as par. (1) and added par. (2).

    Enacted provision · exact public law section
    Sec. 572. use of funds for purchase of products not made in america The Administrator of the Agency for International Development shall provide a report to the appropriate committees of the Congress on the ability of the United States Government to implement a provision of law (and on the foreign policy implications of such a provision of law) which would require that United States funds could be made available to the government of a foreign country for the purchase of any equipment or products only if such purchases were to occur in such foreign country or the United States, and substantially similar equipment and products were made in the United States and available for purchase at a price that is not more than 10 percent higher than that in other countries.

29. 1996

    Pub. L. 104–208 § 573(1) · 110 Stat. 3009

    Substituted · 42 U.S.C. § 1436a(c)(1)

    Pub. L. 104–208, § 573(1), substituted “shall” for “may, in its discretion,” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 104–208, § 573(1), substituted “shall” for “may, in its discretion,” in introductory provisions.

    Enacted provision · exact public law section
    Sec. 573. conflict in chechnya The Secretary of State shall provide to the Committees on Appropriations no later than 30 days from the date of enactment of this Act a detailed report on actions undertaken by the United States Government to resolve the conflict in Chechnya.

30. 1996

    Pub. L. 104–208 § 573(2) · 110 Stat. 3009

    Inserted · 42 U.S.C. § 1436a(c)(1)(A)

    Pub. L. 104–208, § 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.”

    Source evidence

    Code amendment note
    Subsec. (c)(1)(A). Pub. L. 104–208, § 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.”

    Enacted provision · exact public law section
    Sec. 573. conflict in chechnya The Secretary of State shall provide to the Committees on Appropriations no later than 30 days from the date of enactment of this Act a detailed report on actions undertaken by the United States Government to resolve the conflict in Chechnya.

31. 1996

    Pub. L. 104–208 § 573(3) · 110 Stat. 3009

    1. Amended · 42 U.S.C. § 1436a(c)(1)(B)

       Pub. L. 104–208, § 573(3), designated first sentence of existing provisions as cl. (i)

    2. Amended · 42 U.S.C. § 1436a(c)(1)(B)

       Pub. L. 104–208, § 573(3), designated second and third sentences of existing provisions as cl. (ii)

    3. Substituted · 42 U.S.C. § 1436a(c)(1)(B)

       Pub. L. 104–208, § 573(3), substituted “Except as provided in clause (iii), any deferral” for “Any deferral”

    4. Substituted · 42 U.S.C. § 1436a(c)(1)(B)

       Pub. L. 104–208, § 573(3), substituted “18-months” for “3 years”

    5. Added · 42 U.S.C. § 1436a(c)(1)(B)

       Pub. L. 104–208, § 573(3), added cl. (iii)

    Source evidence

    Code amendment note
    Subsec. (c)(1)(B). Pub. L. 104–208, § 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).

    Enacted provision · exact public law section
    Sec. 573. conflict in chechnya The Secretary of State shall provide to the Committees on Appropriations no later than 30 days from the date of enactment of this Act a detailed report on actions undertaken by the United States Government to resolve the conflict in Chechnya.

32. 1996

    Use of Assisted Housing by Aliens Act of 1996

    Pub. L. 104–208 § 574(1) · 110 Stat. 3009

    Inserted · 42 U.S.C. § 1436a(d)

    Pub. L. 104–208, § 574(1), inserted “or to be” after “being” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 104–208, § 574(1), inserted “or to be” after “being” in introductory provisions.

    Enacted provision · exact public law section
    (1) in the matter preceding paragraph (1), by inserting “or to be” after “being”;

33. 1996

    Use of Assisted Housing by Aliens Act of 1996

    Pub. L. 104–208 § 574(2) · 110 Stat. 3009

    Inserted · 42 U.S.C. § 1436a(d)(1)(A)

    Pub. L. 104–208, § 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.”

    Source evidence

    Code amendment note
    Subsec. (d)(1)(A). Pub. L. 104–208, § 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.”

    Enacted provision · exact public law section
    (2) in paragraph (1)(A), by adding at the end the following: “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.”;

34. 1996

    Use of Assisted Housing by Aliens Act of 1996

    Pub. L. 104–208 § 574(3) · 110 Stat. 3009

    1. Substituted · 42 U.S.C. § 1436a(d)(2)

       Pub. L. 104–208, § 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

    2. Added · 42 U.S.C. § 1436a(d)(2)

       Pub. L. 104–208, § 574(3), added concluding provisions

    Source evidence

    Code amendment note
    Subsec. (d)(2). Pub. L. 104–208, § 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.

    Enacted provision · exact public law section
    (3) in paragraph (2)— (A) in the matter preceding subparagraph (A), by striking “on the date of the enactment of the Housing and Community Development Act of 1987” and inserting “on the date of enactment of the Use of Assisted Housing by Aliens Act of 1996 or applying for financial assistance on or after that date”; and (B) by adding at the end the following: “In the case of an individual applying for financial assistance on or after the date of enactment of the Use of Assisted Housing by Aliens Act of 1996, the Secretary may not provide any such assistance for the benefit of that individual before documentation is presented and verified under paragraph (3) or (4).”;

35. 1996

    Use of Assisted Housing by Aliens Act of 1996

    Pub. L. 104–208 § 574(4)(A) · 110 Stat. 3009

    Substituted · 42 U.S.C. § 1436a(d)(4)

    Pub. L. 104–208, § 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

    Source evidence

    Code amendment note
    Subsec. (d)(4). Pub. L. 104–208, § 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.

    Enacted provision · exact public law section
    (A) in the matter preceding subparagraph (A), by striking “on the date of the enactment of the Housing and Community Development Act of 1987” and inserting “on the date of enactment of the Use of Assisted Housing by Aliens Act of 1996 or applying for financial assistance on or after that date”;

36. 1996

    Use of Assisted Housing by Aliens Act of 1996

    Pub. L. 104–208 § 574(4)(B)(i)(I) · 110 Stat. 3009

    Inserted · 42 U.S.C. § 1436a(d)(4)(A)(i)

    Pub. L. 104–208, § 574(4)(B)(i)(I), inserted “, not to exceed 30 days,” after “reasonable opportunity”

    Source evidence

    Code amendment note
    Subsec. (d)(4)(A)(i). Pub. L. 104–208, § 574(4)(B)(i)(I), inserted “, not to exceed 30 days,” after “reasonable opportunity”.

    Enacted provision · exact public law section
    (I) by inserting “, not to exceed 30 days,” after “reasonable opportunity”; and

37. 1996

    Use of Assisted Housing by Aliens Act of 1996

    Pub. L. 104–208 § 574(4)(B)(i)(II) · 110 Stat. 3009

    1. Added · 42 U.S.C. § 1436a(d)(4)(A)(ii); 42 U.S.C. § 1436a(d)(4)(A)(iii)

       Pub. L. 104–208, § 574(4)(B)(i)(II), (ii), added cls. (ii) and (iii)

    2. Struck · 42 U.S.C. § 1436a(d)(4)(A)(ii); 42 U.S.C. § 1436a(d)(4)(A)(iii)

       Pub. L. 104–208, § 574(4)(B)(i)(II), (ii), 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”

    Source evidence

    Code amendment note
    Subsec. (d)(4)(A)(ii), (iii). Pub. L. 104–208, § 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”.

    Enacted provision · exact public law section
    (II) by striking “and” at the end; and

38. 1996

    Use of Assisted Housing by Aliens Act of 1996

    Pub. L. 104–208 § 574(4)(C) · 110 Stat. 3009

    1. Added · 42 U.S.C. § 1436a(d)(4)(B)(ii)

       Pub. L. 104–208, § 574(4)(C), added cl. (ii)

    2. Struck · 42 U.S.C. § 1436a(d)(4)(B)(ii)

       Pub. L. 104–208, § 574(4)(C), 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”

    Source evidence

    Code amendment note
    Subsec. (d)(4)(B)(ii). Pub. L. 104–208, § 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”.

    Enacted provision · exact public law section
    (4) in paragraph (4)— (A) in the matter preceding subparagraph (A), by striking “on the date of the enactment of the Housing and Community Development Act of 1987” and inserting “on the date of enactment of the Use of Assisted Housing by Aliens Act of 1996 or applying for financial assistance on or after that date”; (B) in subparagraph (A)— (i) in clause (i)— (I) by inserting “, not to exceed 30 days,” after “reasonable opportunity”; and (II) by striking “and” at the end; and (ii) by striking clause (ii) and inserting the following: “(ii) in the case of any individual receiving assistance on the date of enactment of the Use of Assisted Housing by Aliens Act of 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 the date of enactment of the Use of Assisted Housing by Aliens Act of 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”; and (C) in subparagraph (B), by striking clause (ii) and inserting the following: “(ii) pending such verification or appeal, the Secretary may not— “(I) in the case of any individual receiving assistance on the date of enactment of the Use of Assisted Housing by Aliens Act of 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 the date of enactment of the Use of Assisted Housing by Aliens Act of 1996, deny the application for such assistance on the basis of the immigration status of that individual; and”;

39. 1996

    Use of Assisted Housing by Aliens Act of 1996

    Pub. L. 104–208 § 574(5) · 110 Stat. 3009

    1. Inserted · 42 U.S.C. § 1436a(d)(5)

       Pub. L. 104–208, § 574(5), inserted “, the Secretary shall” after “status” in introductory provisions

    2. Added · 42 U.S.C. § 1436a(d)(5)

       Pub. L. 104–208, § 574(5), added subpars. (A) to (C)

    3. Struck · 42 U.S.C. § 1436a(d)(5)

       Pub. L. 104–208, § 574(5), struck out former subpars. (A) and (B) which read as follows:

    Source evidence

    Code amendment note
    Subsec. (d)(5). Pub. L. 104–208, § 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.”

    Enacted provision · exact public law section
    (5) in paragraph (5), by striking “status—” and all that follows through the end of the paragraph and inserting the following: “status, the 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).”; and

40. 1996

    Use of Assisted Housing by Aliens Act of 1996

    Pub. L. 104–208 § 574(6) · 110 Stat. 3009

    1. Added · 42 U.S.C. § 1436a(d)(6)

       Pub. L. 104–208, § 574(6), added par. (6)

    2. Struck · 42 U.S.C. § 1436a(d)(6)

       Pub. L. 104–208, § 574(6), 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:

    Source evidence

    Code amendment note
    Subsec. (d)(6). Pub. L. 104–208, § 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.”

    Enacted provision · exact public law section
    (6) by striking paragraph (6) and inserting the following: “(6) The 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.”.

41. 1996

    Pub. L. 104–208 § 575(2) · 110 Stat. 3009

    Inserted · 42 U.S.C. § 1436a(e)(3)

    Pub. L. 104–208, § 575(2), inserted at end “the response from the Immigration and Naturalization Service to the appeal of that individual.”

    Source evidence

    Code amendment note
    Subsec. (e)(3). Pub. L. 104–208, § 575(2), inserted at end “the response from the Immigration and Naturalization Service to the appeal of that individual.”

    Enacted provision · exact public law section
    (2) in section 599E (8 U.S.C. 1255 note) in subsection (b)(2), by striking out “September 30, 1996” and inserting “September 30, 1997”.

42. 1996

    Pub. L. 104–208 § 575(1) · 110 Stat. 3009

    Struck · 42 U.S.C. § 1436a(e)(4)

    Pub. L. 104–208, § 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)).”

    Source evidence

    Code amendment note
    Subsec. (e)(4). Pub. L. 104–208, § 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)).”

    Enacted provision · exact public law section
    (1) in section 599D (8 U.S.C. 1157 note)— (A) in subsection (b)(3), by striking “and 1996” and inserting “1996, and 1997”; and (B) in subsection (e), by striking out “October 1, 1996” each place it appears and inserting “October 1, 1997”; and

43. 1996

    Pub. L. 104–208 § 576 · 110 Stat. 3009

    Added · 42 U.S.C. § 1436a(h)

    Pub. L. 104–208, § 576, added subsec. (h) relating to verification of eligibility

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 104–208, § 576, added subsec. (h) relating to verification of eligibility.

    Enacted provision · exact public law section
    Sec. 576. transparency of budgets (a) Limitation.— Beginning three years after the date of the enactment of this Act, the Secretary of the Treasury shall instruct the United States Executive Director of each international financial institution to use the voice and vote of the United States to oppose any loan or other utilization of the funds of their respective institution, other than to address basic human needs, for the government of any country which the Secretary of the Treasury determines— (1) does not have in place a functioning system for a civilian audit of all receipts and expenditures that fund activities of the armed forces and security forces; (2) has not provided a summary of a current audit to the institution. (b) Definition.— For purposes of this section, the term “international financial institution” shall include the institutions identified in section 532(b) of this Act.

44. 1998

    Pub. L. 105–276 § 592(a)(1) · 112 Stat. 2461

    Substituted · 42 U.S.C. § 1436a(b)(2)

    Pub. L. 105–276, § 592(a)(1), substituted “applicable Secretary” for “Secretary of Housing and Urban Development”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 105–276, § 592(a)(1), substituted “applicable Secretary” for “Secretary of Housing and Urban Development”.

    Enacted provision · exact public law section
    (1) in subsection (b)(2), by striking “Secretary of Housing and Urban Development” and inserting “applicable Secretary”;

    Effective date note
    Pub. L. 105–276, title V, § 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].”

45. 1998

    Pub. L. 105–276 § 592(a)(2) · 112 Stat. 2461

    Changed · 42 U.S.C. § 1436a(c)(1)(B)

    Pub. L. 105–276, § 592(a)(2), aligned cls. (ii) and (iii) with cl. (i)

    Source evidence

    Code amendment note
    Subsec. (c)(1)(B). Pub. L. 105–276, § 592(a)(2), aligned cls. (ii) and (iii) with cl. (i).

    Enacted provision · exact public law section
    (2) in subsection (c)(1)(B), by moving clauses (ii) and (iii) 2 ems to the left;

    Effective date note
    Pub. L. 105–276, title V, § 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].”

46. 1998

    Pub. L. 105–276 § 592(a)(3)(A) · 112 Stat. 2461

    1. Substituted · 42 U.S.C. § 1436a(d)(1)(A)

       Pub. L. 105–276, § 592(a)(3)(A), in last sentence, substituted “applicable Secretary, or” for “Secretary of Housing and Urban Development, or”

    2. Substituted · 42 U.S.C. § 1436a(d)(1)(A)

       Pub. L. 105–276, § 592(a)(3)(A), in last sentence, substituted “applicable Secretary considers” for “Secretary considers”

    Source evidence

    Code amendment note
    Subsec. (d)(1)(A). Pub. L. 105–276, § 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”.

    Enacted provision · exact public law section
    (A) in paragraph (I)(A)— (i) by striking “Secretary of Housing and Urban Development” and inserting “applicable Secretary”; and (ii) by striking “the Secretary” and inserting “the applicable Secretary”;

    Effective date note
    Pub. L. 105–276, title V, § 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].”

47. 1998

    Pub. L. 105–276 § 592(a)(3)(B) · 112 Stat. 2461

    Inserted · 42 U.S.C. § 1436a(d)(2)

    Pub. L. 105–276, § 592(a)(3)(B), aligned concluding provisions with par. (2) and inserted “applicable” before “Secretary” in concluding provisions

    Source evidence

    Code amendment note
    Subsec. (d)(2). Pub. L. 105–276, § 592(a)(3)(B), aligned concluding provisions with par. (2) and inserted “applicable” before “Secretary” in concluding provisions.

    Enacted provision · exact public law section
    (B) in paragraph (2), in the matter following subparagraph (B)— (i) by inserting “applicable” before “Secretary”; and (ii) by moving such matter (as so amended by clause (i)) 2 ems to the right;

    Effective date note
    Pub. L. 105–276, title V, § 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].”

48. 1998

    Pub. L. 105–276 § 592(a)(3)(C) · 112 Stat. 2461

    Inserted · 42 U.S.C. § 1436a(d)(4)(B)(ii)

    Pub. L. 105–276, § 592(a)(3)(C), inserted “applicable” before “Secretary” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (d)(4)(B)(ii). Pub. L. 105–276, § 592(a)(3)(C), inserted “applicable” before “Secretary” in introductory provisions.

    Enacted provision · exact public law section
    (C) in paragraph (4)(B)(ii), by inserting “applicable” before “Secretary”;

    Effective date note
    Pub. L. 105–276, title V, § 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].”

49. 1998

    Pub. L. 105–276 § 592(a)(3)(D) · 112 Stat. 2461

    Substituted · 42 U.S.C. § 1436a(d)(5)

    Pub. L. 105–276, § 592(a)(3)(D), substituted “the applicable Secretary shall” for “the Secretary shall” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (d)(5). Pub. L. 105–276, § 592(a)(3)(D), substituted “the applicable Secretary shall” for “the Secretary shall” in introductory provisions.

    Enacted provision · exact public law section
    (D) in paragraph (5), by striking “the Secretary” and inserting “the applicable Secretary”; and

    Effective date note
    Pub. L. 105–276, title V, § 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].”

50. 1998

    Pub. L. 105–276 § 592(a)(3)(E) · 112 Stat. 2461

    Inserted · 42 U.S.C. § 1436a(d)(6)

    Pub. L. 105–276, § 592(a)(3)(E), inserted “applicable” before “Secretary”

    Source evidence

    Code amendment note
    Subsec. (d)(6). Pub. L. 105–276, § 592(a)(3)(E), inserted “applicable” before “Secretary”.

    Enacted provision · exact public law section
    (E) in paragraph (6), by inserting “applicable” before “Secretary”;

    Effective date note
    Pub. L. 105–276, title V, § 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].”

51. 1998

    Pub. L. 105–276 § 592(a)(5) · 112 Stat. 2461

    Redesignated · 42 U.S.C. § 1436a(h)

    Pub. L. 105–276, § 592(a)(5), redesignated subsec. (h), relating to verification of eligibility, as (i)

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 105–276, § 592(a)(5), redesignated subsec. (h), relating to verification of eligibility, as (i).

    Enacted provision · exact public law section
    (5) by redesignating subsection (h) (as amended by paragraph (4)) as subsection (i).

    Effective date note
    Pub. L. 105–276, title V, § 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].”

52. 1998

    Pub. L. 105–276 § 592(a)(4)(A) · 112 Stat. 2461

    1. Substituted · 42 U.S.C. § 1436a(h)(1)

       Pub. L. 105–276, § 592(a)(4)(A), substituted “No” for “Except in the case of an election under paragraph (2)(A), no”

    2. Substituted · 42 U.S.C. § 1436a(h)(1)

       Pub. L. 105–276, § 592(a)(4)(A), substituted “subsection (d)” for “this section”

    3. Inserted · 42 U.S.C. § 1436a(h)(1)

       Pub. L. 105–276, § 592(a)(4)(A), inserted “applicable” before “Secretary”

    Source evidence

    Code amendment note
    Subsec. (h)(1). Pub. L. 105–276, § 592(a)(4)(A), substituted “No” for “Except in the case of an election under paragraph (2)(A), no” and “subsection (d)” for “this section” and inserted “applicable” before “Secretary”.

    Enacted provision · exact public law section
    (A) in paragraph (1)— (i) by striking “Except in the case of an election under paragraph (2)(A), no” and inserting “No”; (ii) by striking “this section” and inserting “subsection (d)”; and (iii) by inserting “applicable” before “Secretary”; and

    Effective date note
    Pub. L. 105–276, title V, § 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].”

53. 1998

    Pub. L. 105–276 § 592(a)(4)(B)(i) · 112 Stat. 2461

    1. Added · 42 U.S.C. § 1436a(h)(2)(A)

       Pub. L. 105–276, § 592(a)(4)(B)(i), added subpar. (A)

    2. Struck · 42 U.S.C. § 1436a(h)(2)(A)

       Pub. L. 105–276, § 592(a)(4)(B)(i), struck out former subpar. (A) which read as follows: “may elect not to comply with this section; and”

    Source evidence

    Code amendment note
    Subsec. (h)(2)(A). Pub. L. 105–276, § 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”.

    Enacted provision · exact public law section
    (i) by striking subparagraph (A) and inserting the following new subparagraph: “(A) may, notwithstanding paragraph (1) of this subsection, elect not to affirmatively establish and verify eligibility before providing financial assistance”; and

    Effective date note
    Pub. L. 105–276, title V, § 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].”

54. 1998

    Pub. L. 105–276 § 592(a)(4)(B)(ii) · 112 Stat. 2461

    Substituted · 42 U.S.C. § 1436a(h)(2)(B)

    Pub. L. 105–276, § 592(a)(4)(B)(ii), substituted “in carrying out subsection (d)” for “in complying with this section” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (h)(2)(B). Pub. L. 105–276, § 592(a)(4)(B)(ii), substituted “in carrying out subsection (d)” for “in complying with this section” in introductory provisions.

    Enacted provision · exact public law section
    (ii) in subparagraph (B), by striking “in complying with this section” and inserting “in carrying out subsection (d)”; and

    Effective date note
    Pub. L. 105–276, title V, § 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].”

55. 1998

    Pub. L. 105–276 § 592(a)(5) · 112 Stat. 2461

    Redesignated · 42 U.S.C. § 1436a(i)

    Pub. L. 105–276, § 592(a)(5), redesignated subsec. (h), relating to verification of eligibility, as (i)

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 105–276, § 592(a)(5), redesignated subsec. (h), relating to verification of eligibility, as (i).

    Enacted provision · exact public law section
    (5) by redesignating subsection (h) (as amended by paragraph (4)) as subsection (i).

    Effective date note
    Pub. L. 105–276, title V, § 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].”

56. 2000

    Pub. L. 106–504 § 3(b) · 114 Stat. 2309

    Added · 42 U.S.C. § 1436a(a)(7)

    Pub. L. 106–504 added par. (7)

    Source evidence

    Code amendment note
    Subsec. (a)(7). Pub. L. 106–504 added par. (7).

    Enacted provision · exact public law section
    (b) Section 214(a) of the Housing Community Development Act of 1980 (42 U.S.C. 1436a(a)) is amended— (1) by striking “or” at the end of paragraph (5); (2) by striking the period at the end of paragraph (6) and inserting “; or”; and (3) by adding at the end the following new paragraph: “(7) an alien who is lawfully resident in the United States and its territories and possessions under section 141 of the Compacts of Free Association between the Government of the United States and the Governments of the Marshall Islands, the Federated States of Micronesia (48 U.S.C. 1901 note) and Palau (48 U.S.C. 1931 note) while the applicable section is in effect: Provided, That, within Guam any such alien shall not be entitled to a preference in receiving assistance under this Act over any United States citizen or national resident therein who is otherwise eligible for such assistance.”.

57. 2016

    Housing Opportunity Through Modernization Act of 2016

    Pub. L. 114–201 title I § 113 · 130 Stat. 782

    Substituted · 42 U.S.C. § 1436a(a)(7)

    Pub. L. 114–201 substituted “any citizen or national of the United States shall be entitled to a preference or priority in receiving financial assistance before any such alien who is otherwise eligible for assistance.” for “such alien shall not be entitled to a preference in receiving assistance under this Act over any United States citizen or national resident therein who is otherwise eligible for such assistance.”

    Source evidence

    Code amendment note
    Subsec. (a)(7). Pub. L. 114–201 substituted “any citizen or national of the United States shall be entitled to a preference or priority in receiving financial assistance before any such alien who is otherwise eligible for assistance.” for “such alien shall not be entitled to a preference in receiving assistance under this Act over any United States citizen or national resident therein who is otherwise eligible for such assistance.”

    Enacted provision · exact public law section
    SEC. 113. PREFERENCE FOR UNITED STATES CITIZENS OR NATIONALS.   Section 214(a)(7) of the Housing and Community Development Act of 1980 (42 U.S.C. 1436a(a)(7)) is amended by striking “such alien” and all that follows through the period at the end and inserting “any citizen or national of the United States shall be entitled to a preference or priority in receiving financial assistance before any such alien who is otherwise eligible for assistance.”.

73 of 73 references resolved to an enrolled provision