42 U.S.C. § 1320b-7 — Income and eligibility verification sys-

Page 2681 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1320b–7 (3) Convicted An individual is considered to have been ‘‘convicted’’ of a violation— (A) when a judgment of conviction has been entered against the individual by a Federal, State, or local court, except if the judgment of conviction has been set aside or expunged; (B) when there has been a finding of guilt against the individual by a Federal, State, or local court; (C) when a plea of guilty or nolo contendere by the individual has been ac- cepted by a Federal, State, or local court; or (D) when the individual has entered into participation in a first offender, deferred ad- judication, or other arrangement or program where judgment of conviction has been with- held. (Aug. 14, 1935, ch. 531, title XI, § 1136, as added Pub. L. 106–169, title II, § 208(a), Dec. 14, 1999, 113 Stat. 1839.) Editorial Notes REFERENCES IN TEXT Section 212(b) of Public Law 93–66, referred to in sub- sec. (j)(2), is section 212(b) of Pub. L. 93–66, title II, July 9, 1973, 87 Stat. 155, as amended, which is set out as a note under section 1382 of this title. PRIOR PROVISIONS A prior section 1320b–6, act Aug. 14, 1935, ch. 531, title XI, § 1136, as added Pub. L. 98–369, div. B, title VI, § 2630, July 18, 1984, 98 Stat. 1137; amended Pub. L. 99–514, title XVIII, § 1883(c)(2), Oct. 22, 1986, 100 Stat. 2918, related to pilot projects to demonstrate use of integrated service delivery systems for human services programs, prior to repeal by Pub. L. 104–193, title I, §§ 108(q)(7), 116, Aug. 22, 1996, 110 Stat. 2168, 2181, effective July 1, 1997, with cer- tain transition rules. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 106–169, title II, § 208(b), Dec. 14, 1999, 113 Stat. 1842, provided that: ‘‘The amendment made by this sec- tion [enacting this section] shall apply with respect to convictions of violations described in paragraphs (1) and (2) of section 1136(a) of the Social Security Act [42 U.S.C. 1320b–6(a)] and determinations described in para- graph (3) of such section occurring on or after the date of the enactment of this Act [Dec. 14, 1999].’’ § 1320b–7. Income and eligibility verification sys- tem (a) Requirements of State eligibility systems In order to meet the requirements of this sec- tion, a State must have in effect an income and eligibility verification system which meets the requirements of subsection (d) and under which— (1) the State shall require, as a condition of eligibility for benefits under any program list- ed in subsection (b), that each applicant for or recipient of benefits under that program fur- nish to the State his social security account number (or numbers, if he has more than one such number), and the State shall utilize such account numbers in the administration of that program so as to enable the association of the records pertaining to the applicant or recipi- ent with his account number; (2) wage information from agencies admin- istering State unemployment compensation laws available pursuant to section 3304(a)(16) of the Internal Revenue Code of 1986, wage in- formation reported pursuant to paragraph (3) of this subsection, and wage, income, and other information from the Social Security Administration and the Internal Revenue Service available pursuant to section 6103(l)(7) of such Code, shall be requested and utilized to the extent that such information may be use- ful in verifying eligibility for, and the amount of, benefits available under any program listed in subsection (b), as determined by the Sec- retary of Health and Human Services (or, in the case of the unemployment compensation program, by the Secretary of Labor, or, in the case of the supplemental nutrition assistance program, by the Secretary of Agriculture); (3) employers (as defined in section 653a(a)(2)(B) of this title) (including State and local governmental entities and labor organi- zations) in such State are required, effective September 30, 1988, to make quarterly wage re- ports to a State agency (which may be the agency administering the State’s unemploy- ment compensation law) except that the Sec- retary of Labor (in consultation with the Sec- retary of Health and Human Services and the Secretary of Agriculture) may waive the pro- visions of this paragraph if he determines that the State has in effect an alternative system which is as effective and timely for purposes of providing employment related income and eli- gibility data for the purposes described in paragraph (2), and except that no report shall be filed with respect to an employee of a State or local agency performing intelligence or counterintelligence functions, if the head of such agency has determined that filing such a report could endanger the safety of the em- ployee or compromise an ongoing investiga- tion or intelligence mission, and except that in the case of wage reports with respect to do- mestic service employment, a State may per- mit employers (as so defined) that make re- turns with respect to such employment on a calendar year basis pursuant to section 3510 of the Internal Revenue Code of 1986 to make such reports on an annual basis; (4) the State agencies administering the pro- grams listed in subsection (b) adhere to stand- ardized formats and procedures established by the Secretary of Health and Human Services (in consultation with the Secretary of Agri- culture) under which— (A) the agencies will exchange with each other information in their possession which may be of use in establishing or verifying eligibility or benefit amounts under any other such program; (B) such information shall be made avail- able to assist in the child support program under part D of subchapter IV of this chap- ter, and to assist the Secretary of Health and Human Services in establishing or verifying eligibility or benefit amounts under subchapters II and XVI of this chap- ter, but subject to the safeguards and re- strictions established by the Secretary of the Treasury with respect to information re- Page 2682 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1320b–7 1 So in original. Probably should be followed by a comma. leased pursuant to section 6103(l) of the In- ternal Revenue Code of 1986; and (C) the use of such information shall be targeted to those uses which are most likely to be productive in identifying and pre- venting ineligibility and incorrect pay- ments, and no State shall be required to use such information to verify the eligibility of all recipients; (5) adequate safeguards are in effect so as to assure that— (A) the information exchanged by the State agencies is made available only to the extent necessary to assist in the valid ad- ministrative needs of the program receiving such information, and the information re- leased pursuant to section 6103(l) of the In- ternal Revenue Code of 1986 is only ex- changed with agencies authorized to receive such information under such section 6103(l); and (B) the information is adequately pro- tected against unauthorized disclosure for other purposes, as provided in regulations established by the Secretary of Health and Human Services, or, in the case of the unem- ployment compensation program, the Sec- retary of Labor, or, in the case of the supple- mental nutrition assistance program, the Secretary of Agriculture, or 1 in the case of information released pursuant to section 6103(l) of the Internal Revenue Code of 1986, the Secretary of the Treasury; (6) all applicants for and recipients of bene- fits under any such program shall be notified at the time of application, and periodically thereafter, that information available through the system will be requested and utilized; and (7) accounting systems are utilized which as- sure that programs providing data receive ap- propriate reimbursement from the programs utilizing the data for the costs incurred in pro- viding the data. (b) Applicable programs The programs which must participate in the income and eligibility verification system are— (1) any State program funded under part A of subchapter IV of this chapter; (2) the medicaid program under subchapter XIX of this chapter; (3) the unemployment compensation pro- gram under section 3304 of the Internal Rev- enue Code of 1986; (4) the supplemental nutrition assistance program established under the Food and Nu- trition Act of 2008 (7 U.S.C. 2011 et seq.); and (5) any State program under a plan approved under subchapter I, X, XIV, or XVI of this chapter. (c) Protection of applicants from improper use of information (1) In order to protect applicants for and re- cipients of benefits under the programs identi- fied in subsection (b), or under the supplemental security income program under subchapter XVI, from the improper use of information obtained from the Secretary of the Treasury under sec- tion 6103(l)(7)(B) of the Internal Revenue Code of 1986, no Federal, State, or local agency receiving such information may terminate, deny, suspend, or reduce any benefits of an individual until such agency has taken appropriate steps to inde- pendently verify information relating to— (A) the amount of the asset or income in- volved, (B) whether such individual actually has (or had) access to such asset or income for his own use, and (C) the period or periods when the individual actually had such asset or income. (2) Such individual shall be informed by the agency of the findings made by the agency on the basis of such verified information, and shall be given an opportunity to contest such find- ings, in the same manner as applies to other in- formation and findings relating to eligibility factors under the program. (d) Citizenship or immigration status require- ments; documentation; verification by Immi- gration and Naturalization Service; denial of benefits; hearing The requirements of this subsection, with re- spect to an income and eligibility verification system of a State, are as follows: (1)(A) The State shall require, as a condition of an individual’s eligibility for benefits under a program listed in subsection (b), a declara- tion in writing, under penalty of perjury— (i) by the individual, (ii) in the case in which eligibility for pro- gram benefits is determined on a family or household basis, by any adult member of such individual’s family or household (as ap- plicable), or (iii) in the case of an individual born into a family or household receiving benefits under such program, by any adult member of such family or household no later than the next redetermination of eligibility of such family or household following the birth of such individual, stating whether the individual is a citizen or national of the United States, and, if that in- dividual is not a citizen or national of the United States, that the individual is in a satis- factory immigration status. (B) In this subsection, in the case of the pro- gram described in subsection (b)(4)— (i) any reference to the State shall be con- sidered a reference to the State agency, and (ii) any reference to an individual’s eligi- bility for benefits under the program shall be considered a reference to the individual’s eligibility to participate in the program as a member of a household, and (iii) the term ‘‘satisfactory immigration status’’ means an immigration status which does not make the individual ineligible for benefits under the applicable program. (2) If such an individual is not a citizen or national of the United States, there must be presented either— (A) alien registration documentation or other proof of immigration registration from the Immigration and Naturalization Service that contains the individual’s alien admis- Page 2683 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1320b–7 sion number or alien file number (or num- bers if the individual has more than one number), or (B) such other documents as the State de- termines constitutes reasonable evidence in- dicating a satisfactory immigration status. (3) If the documentation described in para- graph (2)(A) is presented, the State shall uti- lize the individual’s alien file or alien admis- sion number to verify with the Immigration and Naturalization Service the individual’s immigration status through an automated or other system (designated by the Service for use with States) that— (A) utilizes the individual’s name, file number, admission number, or other means permitting efficient verification, and (B) protects the individual’s privacy to the maximum degree possible. (4) In the case of such an individual who is not a citizen or national of the United States, if, at the time of application for benefits, the statement described in paragraph (1) is sub- mitted but the documentation required under paragraph (2) is not presented or if the docu- mentation required under paragraph (2)(A) is presented but such documentation is not verified under paragraph (3)— (A) the State— (i) shall provide a reasonable oppor- tunity to submit to the State evidence in- dicating a satisfactory immigration sta- tus, and (ii) may not delay, deny, reduce, or ter- minate the individual’s eligibility for ben- efits under the program on the basis of the individual’s immigration status until such a reasonable opportunity has been pro- vided; and (B) if there are submitted documents which the State determines constitutes rea- sonable evidence indicating such status— (i) the State shall transmit to the Immi- gration and Naturalization Service either photostatic or other similar copies of such documents, or information from such doc- uments, as specified by the Immigration and Naturalization Service, for official verification, (ii) pending such verification, the State may not delay, deny, reduce, or terminate the individual’s eligibility for benefits under the program on the basis of the indi- vidual’s immigration status, and (iii) the State shall not be liable for the consequences of any action, delay, or fail- ure of the Service to conduct such verification. (5) If the State determines, after complying with the requirements of paragraph (4), that such an individual is not in a satisfactory im- migration status under the applicable pro- gram— (A) the State shall deny or terminate the individual’s eligibility for benefits under the program, and (B) the applicable fair hearing process shall be made available with respect to the individual. (e) Erroneous State citizenship or immigration status determinations; penalties not required Each Federal agency responsible for adminis- tration of a program described in subsection (b) shall not take any compliance, disallowance, penalty, or other regulatory action against a State with respect to any error in the State’s determination to make an individual eligible for benefits based on citizenship or immigration status— (1) if the State has provided such eligibility based on a verification of satisfactory immi- gration status by the Immigration and Natu- ralization Service, (2) because the State, under subsection (d)(4)(A)(ii), was required to provide a reason- able opportunity to submit documentation, (3) because the State, under subsection (d)(4)(B)(ii), was required to wait for the re- sponse of the Immigration and Naturalization Service to the State’s request for official verification of the immigration status of the individual, or (4) because of a fair hearing process de- scribed in subsection (d)(5)(B). (f) Medical assistance to aliens for treatment of emergency conditions Subsections (a)(1) and (d) shall not apply with respect to aliens seeking medical assistance for the treatment of an emergency medical condi- tion under section 1396b(v)(2) of this title. (Aug. 14, 1935, ch. 531, title XI, § 1137, as added Pub. L. 98–369, div. B, title VI, § 2651(a), July 18, 1984, 98 Stat. 1147; amended Pub. L. 99–509, title IX, § 9101, Oct. 21, 1986, 100 Stat. 1972; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 99–603, title I, § 121(a)(1), Nov. 6, 1986, 100 Stat. 3384; Pub. L. 100–360, title IV, § 411(k)(15)(A), July 1, 1988, 102 Stat. 799; Pub. L. 103–432, title II, § 231, Oct. 31, 1994, 108 Stat. 4462; Pub. L. 104–193, title I, § 108(g)(8), title III, § 313(c), Aug. 22, 1996, 110 Stat. 2168, 2212; Pub. L. 104–208, div. C, title V, § 507(a), Sept. 30, 1996, 110 Stat. 3009–673; Pub. L. 106–169, title IV, § 401(p), Dec. 14, 1999, 113 Stat. 1859; Pub. L. 106–170, title IV, § 405(a), (b), Dec. 17, 1999, 113 Stat. 1911; Pub. L. 110–234, title IV, § 4002(b)(1)(A), (B), (2)(V), May 22, 2008, 122 Stat. 1095–1097; Pub. L. 110–246, § 4(a), title IV, § 4002(b)(1)(A), (B), (2)(V), June 18, 2008, 122 Stat. 1664, 1857, 1858; Pub. L. 113–79, title IV, § 4030(q), Feb. 7, 2014, 128 Stat. 815.) Editorial Notes REFERENCES IN TEXT The Internal Revenue Code of 1986, referred to in sub- secs. (a)(2), (3), (4)(B), (5), (b)(3), and (c)(1), is classified generally to Title 26, Internal Revenue Code. The Food and Nutrition Act of 2008, referred to in subsec. (b)(4), is Pub. L. 88–525, Aug. 31, 1964, 78 Stat. 703, which is classified generally to chapter 51 (§ 2011 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of Title 7 and Tables. CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246. Page 2684 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1320b–7 AMENDMENTS 2014—Subsec. (a)(5)(B). Pub. L. 113–79, § 4030(q)(1), which directed substitution of ‘‘supplemental nutrition assistance’’ for ‘‘food stamp’’, could not be executed be- cause the words ‘‘supplemental nutrition assistance’’ already appeared in text after the amendment by Pub. L. 110–246, § 4002(b)(1)(A), (2)(V). See 2008 Amendment note below. Subsec. (b)(4). Pub. L. 113–79, § 4030(q)(2), which di- rected substitution of ‘‘supplemental nutrition assist- ance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.)’’ for ‘‘food stamp pro- gram under the Food Stamp Act of 1977’’, was executed by making the substitution for ‘‘supplemental nutri- tion assistance program under the Food and Nutrition Act of 2008’’, to reflect the probable intent of Congress and the amendment by Pub. L. 110–246, § 4002(b)(1)(A), (B), (2)(V). See 2008 Amendment note below. 2008—Subsec. (a)(2), (5)(B). Pub. L. 110–246, § 4002(b)(1)(A), (2)(V), substituted ‘‘supplemental nutri- tion assistance program’’ for ‘‘food stamp program’’. Subsec. (b)(4). Pub. L. 110–246, § 4002(b)(1)(A), (B), (2)(V), substituted ‘‘supplemental nutrition assistance program’’ for ‘‘food stamp program’’ and ‘‘Food and Nu- trition Act of 2008’’ for ‘‘Food Stamp Act of 1977’’. 1999—Subsec. (a)(3). Pub. L. 106–170, § 405(b)(2), in- serted ‘‘(as defined in section 653a(a)(2)(B) of this title)’’ after ‘‘employers’’. Pub. L. 106–170, § 405(b)(1), which directed striking out ‘‘(as defined in section 653a(a)(2)(B)(iii) of this title)’’ after ‘‘labor organizations’’, was executed by striking ‘‘(as defined in section 653a(a)(2)(B)(ii) of this title)’’ to reflect the probable intent of Congress and the amend- ment by Pub. L. 106–169. Pub. L. 106–170, § 405(a), inserted before semicolon at end: ‘‘, and except that in the case of wage reports with respect to domestic service employment, a State may permit employers (as so defined) that make returns with respect to such employment on a calendar year basis pursuant to section 3510 of the Internal Revenue Code of 1986 to make such reports on an annual basis’’. Pub. L. 106–169, substituted ‘‘653a(a)(2)(B)(ii) of this title))’’ for ‘‘653a(a)(2)(B)(iii) of this title)’’. See Effec- tive Date of 1999 Amendment note below. 1996—Subsec. (a)(3). Pub. L. 104–193, § 313(c), inserted ‘‘(including State and local governmental entities and labor organizations (as defined in section 653a(a)(2)(B)(iii) of this title)’’ after ‘‘employers’’ and ‘‘, and except that no report shall be filed with respect to an employee of a State or local agency performing intelligence or counterintelligence functions, if the head of such agency has determined that filing such a report could endanger the safety of the employee or compromise an ongoing investigation or intelligence mission’’ before semicolon at end. Subsec. (b)(1). Pub. L. 104–193, § 108(g)(8)(A), added par. (1) and struck out former par. (1) which read as follows: ‘‘the aid to families with dependent children program under part A of subchapter IV of this chapter;’’. Subsec. (d)(1)(B). Pub. L. 104–193, § 108(g)(8)(B), sub- stituted ‘‘In this subsection, in’’ for ‘‘In this sub- section—’’, struck out ‘‘(ii) in’’ before ‘‘the case of the program described in subsection (b)(4)’’, redesignated subcls. (I) to (III) as cls. (i) to (iii), respectively, re- aligned margins, and struck out former cl. (i) which read as follows: ‘‘in the case of the program described in subsection (b)(1) of this section, any reference to an individual’s eligibility for benefits under the program shall be considered a reference to the individual’s being considered a dependent child or to the individual’s being treated as a caretaker relative or other person whose needs are to be taken into account in making the determination under section 602(a)(7) of this title,’’. Subsec. (d)(4)(B)(i). Pub. L. 104–208 amended cl. (i) generally. Prior to amendment, cl. (i) read as follows: ‘‘the State shall transmit to the Immigration and Nat- uralization Service photostatic or other similar copies of such documents for official verification,’’. 1994—Subsec. (d)(1)(A). Pub. L. 103–432 amended sub- par. (A) generally. Prior to amendment, subpar. (A) read as follows: ‘‘The State shall require, as a condition of an individual’s eligibility for benefits under any pro- gram listed in subsection (b) of this section, a declara- tion 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 na- tional of the United States, that the individual is in a satisfactory immigration status.’’ 1988—Subsec. (f). Pub. L. 100–360 added subsec. (f). 1986—Subsec. (a). Pub. L. 99–603, § 121(a)(1)(A), in- serted ‘‘which meets the requirements of subsection (d) and’’ after ‘‘system’’ in introductory text. Subsec. (a)(2), (4)(B). Pub. L. 99–514 substituted ‘‘In- ternal Revenue Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’. Subsec. (a)(4)(C). Pub. L. 99–509 inserted before semi- colon at end ‘‘, and no State shall be required to use such information to verify the eligibility of all recipi- ents’’. Subsec. (a)(5). Pub. L. 99–514 substituted ‘‘Internal Revenue Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’ wherever appearing. Subsec. (b). Pub. L. 99–603, § 121(a)(1)(B), substituted ‘‘income and eligibility verification system’’ for ‘‘in- come verification system’’ in introductory text. Subsecs. (b)(3), (c)(1). Pub. L. 99–514 substituted ‘‘In- ternal Revenue Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’. Subsecs. (d), (e). Pub. L. 99–603, § 121(a)(1)(C), added subsecs. (d) and (e). Statutory Notes and Related Subsidiaries CHANGE OF NAME References to the food stamp program established under the Food and Nutrition Act of 2008 [see Effective Date of 1986 Amendment note and Effective Date note below] considered to refer to the supplemental nutri- tion assistance program established under that Act, see section 4002(c) of Pub. L. 110–246, set out as a note under section 2012 of Title 7, Agriculture. EFFECTIVE DATE OF 2008 AMENDMENT Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, except as other- wise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture. Amendment by section 4002(b)(1)(A), (B), (2)(V) of Pub. L. 110–246 effective Oct. 1, 2008, see section 4407 of Pub. L. 110–246, set out as a note under section 1161 of Title 2, The Congress. EFFECTIVE DATE OF 1999 AMENDMENTS Pub. L. 106–170, title IV, § 405(c), Dec. 17, 1999, 113 Stat. 1911, provided that: ‘‘The amendments made by this section [amending this section] shall apply to wage re- ports required to be submitted on and after the date of the enactment of this Act [Dec. 17, 1999].’’ Amendment by section 401(p) of Pub. L. 106–169 effec- tive as if included in the enactment of the Personal Re- sponsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. 104–193, see section 401(q) of Pub. L. 106–169, set out as a note under section 602 of this title. EFFECTIVE DATE OF 1996 AMENDMENT Amendment by section 108(g)(8) of Pub. L. 104–193 ef- fective July 1, 1997, with transition rules relating to State options to accelerate such date, rules relating to claims, actions, and proceedings commenced before such date, rules relating to closing out of accounts for terminated or substantially modified programs and continuance in office of Assistant Secretary for Family Support, and provisions relating to termination of enti- tlement under AFDC program, see section 116 of Pub. L. 104–193, as amended, set out as an Effective Date note under section 601 of this title. Page 2685 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1320b–7 For effective date of amendment by section 313(c) of Pub. L. 104–193, see section 395(a)–(c) of Pub. L. 104–193, set out as a note under section 654 of this title. EFFECTIVE DATE OF 1988 AMENDMENT Pub. L. 100–360, title IV, § 411(k)(15)(B), July 1, 1988, 102 Stat. 799, provided that: ‘‘The amendment made by subparagraph (A) [amending this section] shall apply as if it were included in the enactment of section 9406 of the Omnibus Budget Reconciliation Act of 1986 [see sec- tion 9406(c) of Pub. L. 99–509, set out as an Effective Date of 1986 Amendment note under section 1396a of this title].’’ EFFECTIVE DATE OF 1986 AMENDMENT; USE OF VERIFICATION SYSTEM Pub. L. 99–603, title I, § 121(c)(3), (4), Nov. 6, 1986, 100 Stat. 3391, 3392, provided that: ‘‘(3) USE OF VERIFICATION SYSTEM REQUIRED IN FISCAL YEAR 1989.—Except as provided in paragraph (4), the amendments made by subsection (a) [amending this section, section 1436a of this title, and section 1091 of Title 20, Education] take effect on October 1, 1988. States have until that date to begin complying with the requirements imposed by those amendments. ‘‘(4) USE OF VERIFICATION SYSTEM NOT REQUIRED FOR A PROGRAM IN CERTAIN CASES.— ‘‘(A) REPORT TO RESPECTIVE CONGRESSIONAL COMMIT- TEES.—With respect to each covered program (as de- fined in subparagraph (D)(i)), each appropriate Sec- retary shall examine and report to the appropriate Committees of the House of Representatives and of the Senate, by not later than April 1, 1988, concerning whether (and the extent to which)— ‘‘(i) the application of the amendments made by subsection (a) to the program is cost-effective and otherwise appropriate, and ‘‘(ii) there should be a waiver of the application of such amendments under subparagraph (B). The amendments made by subsection (a) shall not apply with respect to a covered program described in subclause (II), (V), (VI), or (VII) of subparagraph (D)(i) until after the date of receipt of such report with respect to the program. ‘‘(B) WAIVER IN CERTAIN CASES.—If, with respect to a covered program, the appropriate Secretary deter- mines, on the Secretary’s own initiative or upon an application by an administering entity and based on such information as the Secretary deems persuasive (which may include the results of the report required under subsection (d)(1) [set out as a note below] and information contained in such an application), that— ‘‘(i) the appropriate Secretary or the admin- istering entity has in effect an alternative system of immigration status verification which— ‘‘(I) is as effective and timely as the system otherwise required under the amendments made by subsection (a) with respect to the program, and ‘‘(II) provides for at least the hearing and ap- peals rights for beneficiaries that would be pro- vided under the amendments made by subsection (a), or ‘‘(ii) the costs of administration of the system otherwise required under such amendments exceed the estimated savings, such Secretary may waive the application of such amendments to the covered program to the extent (by State or other geographic area or otherwise) that such determinations apply. ‘‘(C) BASIS FOR DETERMINATION.—A determination under subparagraph (B)(ii) shall be based upon the ap- propriate Secretary’s estimate of— ‘‘(i) the number of aliens claiming benefits under the covered program in relation to the total num- ber of claimants seeking benefits under the pro- gram, ‘‘(ii) any savings in benefit expenditures reason- ably expected to result from implementation of the verification program, and ‘‘(iii) the labor and nonlabor costs of administra- tion of the verification system, the degree to which the Immigration and Naturaliza- tion Service is capable of providing timely and accu- rate information to the administering entity in order to permit a reliable determination of immigration status, and such other factors as such Secretary deems relevant. ‘‘(D) DEFINITIONS.—In this paragraph: ‘‘(i) The term ‘covered program’ means each of the following programs: ‘‘(I) The aid to families with dependent children program under part A of title IV of the Social Se- curity Act [42 U.S.C. 601 et seq.]. ‘‘(II) The medicaid program under title XIX of the Social Security Act [42 U.S.C. 1396 et seq.]. ‘‘(III) Any State program under a plan approved under title I, X, XIV, or XVI of the Social Secu- rity Act [42 U.S.C. 301 et seq., 1201 et seq., 1351 et seq., 1381 et seq.]. ‘‘(IV) The unemployment compensation pro- gram under section 3304 of the Internal Revenue Code of 1954 [now 1986; 26 U.S.C. 3304]. ‘‘(V) The food stamp program under the Food Stamp Act of 1977 [now the Food and Nutrition Act of 2008, 7 U.S.C. 2011 et seq.]. ‘‘(VI) The programs of financial assistance for housing subject to section 214 of the Housing and Community Development Act of 1980 [42 U.S.C. 1436a]. ‘‘(VII) The program of grants, loans, and work assistance under title IV of the Higher Education Act of 1965 [20 U.S.C. 1070 et seq.]. ‘‘(ii) The term ‘appropriate Secretary’ means, with respect to the covered program described in— ‘‘(I) subclauses (I) through (III) of clause (i), the Secretary of Health and Human Services; ‘‘(II) clause (i)(IV), the Secretary of Labor; ‘‘(III) clause (i)(V), the Secretary of Agri- culture; ‘‘(IV) clause (i)(VI), the Secretary of Housing and Urban Development; and ‘‘(V) clause (i)(VII), the Secretary of Education. ‘‘(iii) The term ‘administering entity’ means, with respect to the covered program described in— ‘‘(I) subclause (I), (II), (III), (IV), or (V) of clause (i), the State agency responsible for the adminis- tration of the program in a State; ‘‘(II) clause (i)(VI), the Secretary of Housing and Urban Development, a public housing agency, or another entity that determines the eligibility of an individual for financial assistance; and ‘‘(III) clause (i)(VII), an institution of higher education involved.’’ EFFECTIVE DATE Pub. L. 98–369, div. B, title VI, § 2651(l), July 18, 1984, 98 Stat. 1151, provided that: ‘‘(1) The amendments made by subsections (j) and (k) [amending section 1383 of this title and section 6103 of Title 26, Internal Revenue Code] shall become effective on the date of the enactment of this Act [July 18, 1984]. ‘‘(2) Except as otherwise specifically provided, the amendments made by subsections (a) through (i) [en- acting this section, amending sections 302, 503, 602, 1202, 1352, and 1396a of this title and section 2020 of Title 7, Agriculture, repealing section 611 of this title, and amending provisions set out as a note under section 1382 of this title] shall become effective on April 1, 1985. In the case of any State which submits a plan describ- ing a good faith effort by such State to come into com- pliance with the requirements of such subsections, the Secretary of Health and Human Services (or, in the case of the State unemployment compensation pro- gram, the Secretary of Labor, or, in the case of the food stamp program, the Secretary of Agriculture) may by waiver grant a delay in the effective date of such sub- sections, except that no such waiver may delay the ef- fective date of section 1137(c) of the Social Security Act [42 U.S.C. 1320b–7(c)] (as added by subsection (a) of this Page 2686 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1320b–8 section), or delay the effective date of any other provi- sion of or added by this section beyond September 30, 1986.’’ CONSTRUCTION OF 1999 AMENDMENT Amendment by Pub. L. 106–170 to be executed as if Pub. L. 106–169 had been enacted after the enactment of Pub. L. 106–170, see section 121(c)(1) of Pub. L. 106–169, set out as a note under section 1396a of this title. ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONS For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of Title 8, Aliens and Nationality. IMMIGRATION AND NATURALIZATION SERVICE TO ESTABLISH VERIFICATION SYSTEM BY OCTOBER 1, 1987 Pub. L. 99–603, title I, § 121(c)(1), Nov. 6, 1986, 100 Stat. 3391, provided that: ‘‘The Commissioner of Immigration and Naturalization shall implement a system for the verification of immigration status under paragraphs (3) and (4)(B)(i) of section 1137(d) of the Social Security Act [42 U.S.C. 1320b–7(d)(3), (4)(B)(i)] (as amended by this section) so that the system is available to all the States by not later than October 1, 1987. Such system shall not be used by the Immigration and Naturaliza- tion Service for administrative (non-criminal) immi- gration enforcement purposes and shall be imple- mented in a manner that provides for verification of immigration status without regard to the sex, color, race, religion, or nationality of the individual in- volved.’’ GENERAL ACCOUNTING OFFICE REPORTS Pub. L. 99–603, title I, § 121(d), Nov. 6, 1986, 100 Stat. 3393, directed Comptroller General to examine current pilot projects relating to the System for Alien Verification of Eligibility (SAVE) operated by, or through cooperative agreements with, the Immigration and Naturalization Service, and report, not later than Oct. 1, 1987, to Congress and to Commissioner of Immi- gration and Naturalization Service concerning the ef- fectiveness of such projects and any problems with the implementation of such projects, particularly as they may apply to implementation of the system, with Comptroller General to monitor and analyze the imple- mentation of such system, report to Congress and to the appropriate Secretaries, by not later than Apr. 1, 1989, on such implementation, and include in such re- port recommendations for appropriate changes in the system. § 1320b–8. Hospital protocols for organ procure- ment and standards for organ procurement agencies (a)(1) The Secretary shall provide that a hos- pital or critical access hospital meeting the re- quirements of subchapter XVIII or XIX may par- ticipate in the program established under such subchapter only if— (A) the hospital or critical access hospital establishes written protocols for the identi- fication of potential organ donors that— (i) assure that families of potential organ donors are made aware of the option of organ or tissue donation and their option to decline, (ii) encourage discretion and sensitivity with respect to the circumstances, views, and beliefs of such families, and (iii) require that such hospital’s des- ignated organ procurement agency (as de- fined in paragraph (3)(B)) is notified of po- tential organ donors; (B) in the case of a hospital in which organ transplants are performed, the hospital is a member of, and abides by the rules and re- quirements of, the Organ Procurement and Transplantation Network established pursuant to section 274 of this title (in this section re- ferred to as the ‘‘Network’’); and (C) the hospital or critical access hospital has an agreement (as defined in paragraph (3)(A)) only with such hospital’s designated organ procurement agency. (2)(A) The Secretary shall grant a waiver of the requirements under subparagraphs (A)(iii) and (C) of paragraph (1) to a hospital or critical access hospital desiring to enter into an agree- ment with an organ procurement agency other than such hospital’s designated organ procure- ment agency if the Secretary determines that— (i) the waiver is expected to increase organ donation; and (ii) the waiver will assure equitable treat- ment of patients referred for transplants with- in the service area served by such hospital’s designated organ procurement agency and within the service area served by the organ procurement agency with which the hospital seeks to enter into an agreement under the waiver. (B) In making a determination under subpara- graph (A), the Secretary may consider factors that would include, but not be limited to— (i) cost effectiveness; (ii) improvements in quality; (iii) whether there has been any change in a hospital’s designated organ procurement agen- cy due to a change made on or after December 28, 1992, in the definitions for metropolitan statistical areas (as established by the Office of Management and Budget); and (iv) the length and continuity of a hospital’s relationship with an organ procurement agen- cy other than the hospital’s designated organ procurement agency; except that nothing in this subparagraph shall be construed to permit the Secretary to grant a waiver that does not meet the requirements of subparagraph (A). (C) Any hospital or critical access hospital seeking a waiver under subparagraph (A) shall submit an application to the Secretary con- taining such information as the Secretary deter- mines appropriate. (D) The Secretary shall— (i) publish a public notice of any waiver ap- plication received from a hospital or critical access hospital under this paragraph within 30 days of receiving such application; and (ii) prior to making a final determination on such application under subparagraph (A), offer interested parties the opportunity to submit written comments to the Secretary during the 60-day period beginning on the date such no- tice is published. (3) For purposes of this subsection— (A) the term ‘‘agreement’’ means an agree- ment described in section 273(b)(3)(A) of this title; (B) the term ‘‘designated organ procurement agency’’ means, with respect to a hospital or