42 U.S.C. § 1436a — Restriction on use of assisted housing by

Page 4519 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1436a is the first day after the first full calendar month fol- lowing approval of Pub. L. 87–70, which was approved on June 30, 1961. CODIFICATION Section was not enacted as part of the United States Housing Act of 1937 which comprises this chapter. Section was formerly classified to sections 1446 of this title and 1715s of Title 12, Banks and Banking. AMENDMENTS 1967—Pub. L. 90–19 substituted ‘‘Secretary of Housing and Urban Development’’ for ‘‘Federal Housing Com- missioner’’ in second sentence and ‘‘Department of Housing and Urban Development’’ for ‘‘Housing and Home Finance Agency (or any official or constituent thereof)’’ and ‘‘Housing and Home Finance Agency (or such official or constituent thereof)’’ in first sentence and for ‘‘Housing and Home Finance Agency or any of- ficial or constituent agency thereof’’ in third sentence, respectively. 1961—Pub. L. 87–70 required record keeping provisions in contracts under the Housing Act of 1949 and in con- tracts under any other act, prohibited insurance of mortgages covering new or rehabilitated multifamily housing unless the mortgagor certifies that he will keep records, and empowered the Comptroller General to examine and audit records, and substituted ‘‘Hous- ing Act of 1961’’ for ‘‘Housing Act of 1954’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE The fourth sentence of section 814 of act Aug. 2, 1954, ch. 649, 68 Stat. 647 (prior to the amendment by section 908 of Pub. L. 87–70), provided that this section is effec- tive on first day after first calendar month following the date of approval of the act (Aug. 2, 1954). § 1435. Access to books, documents, etc., for pur- pose of audit Every contract for loans or annual contribu- tions under the United States Housing Act of 1937, as amended [42 U.S.C. 1437 et seq.], shall provide that the Secretary of Housing and Urban Development and the Comptroller General of the United States, or any of their duly authorized representatives, shall, for the purpose of audit and examination, have access to any books, doc- uments, papers, and records of the public hous- ing agency entering into such contract that are pertinent to its operations with respect to finan- cial assistance under the United States Housing Act of 1937, as amended. (Aug. 2, 1954, ch. 649, title VIII, § 816, 68 Stat. 647; Pub. L. 90–19, § 10(i), May 25, 1967, 81 Stat. 23.) Editorial Notes REFERENCES IN TEXT The United States Housing Act of 1937, as amended, referred to in text, is act Sept. 1, 1937, ch. 896, as revised generally by Pub. L. 93–383, title II, § 201(a), Aug. 22, 1974, 88 Stat. 653, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1437 of this title and Tables. CODIFICATION Section was not enacted as part of the United States Housing Act of 1937 which comprises this chapter. AMENDMENTS 1967—Pub. L. 90–19 substituted ‘‘Secretary of Housing and Urban Development’’ for ‘‘Public Housing Commis- sioner’’. § 1436. Repealed. Pub. L. 91–609, title V, § 503(4), Dec. 31, 1970, 84 Stat. 1786 Section, Pub. L. 87–70, title II, § 207, June 30, 1961, 75 Stat. 165; Pub. L. 88–560, title II, § 203(e), title IV, § 407, Sept. 2, 1964, 78 Stat. 784, 796; Pub. L. 89–117, title XI, § 1105, Aug. 10, 1965, 79 Stat. 503; Pub. L. 90–19, § 18(a), May 25, 1967, 81 Stat. 25; Pub. L. 90–448, title XVII, § 1714(a), Aug. 1, 1968, 82 Stat. 607, provided for low-rent housing demonstration programs and development grants. See section 1701z–1 et seq. of Title 12, Banks and Banking. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL: SAVINGS PROVISION Pub. L. 91–609, title V, § 503, Dec. 31, 1970, 84 Stat. 1785, provided in part for repeal of sections 1701d–3, 1701e, 1701e note, and 1701f of Title 12, Banks and Banking, this section, note below, section 1452a, section 1456 note, and sections 3372, 3373 of this title, effective July 1, 1971, except that the repeal shall not affect contracts, commitments, reservations, or other obligations en- tered pursuant to such provisions prior to July 1, 1971. REPORT OF SELF-HELP STUDIES AND DEMONSTRATIONS Pub. L. 90–448, title XVII, § 1714(b), Aug. 1, 1968, 82 Stat. 607, providing for report to Congress within one year after Aug. 1, 1968, respecting self-help studies and demonstrations, was repealed by Pub. L. 91–609, title V, § 503(7), Dec. 31, 1970, 84 Stat. 1786. § 1436a. Restriction on use of assisted housing by non-resident aliens (a) Conditions for assistance Notwithstanding any other provision of law, the applicable Secretary may not make finan- cial 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 sec- tion 1101(a)(15) and (20) of title 8, excluding, among others, alien visitors, tourists, dip- lomats, and students who enter the United States temporarily with no intention of aban- doning 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 main- tained his or her residence in the United States since then, and is not ineligible for citi- zenship, but who is deemed to be lawfully ad- mitted for permanent residence as a result of an exercise of discretion by the Attorney Gen- eral pursuant to section 1259 of title 8; (3) an alien who is lawfully present in the United States pursuant to an admission under section 1157 of title 8 or pursuant to the grant- ing of asylum (which has not been terminated) under section 1158 of title 8; (4) an alien who is lawfully present in the United States as a result of an exercise of dis- cretion by the Attorney General for emergent reasons or reasons deemed strictly in the pub- lic interest pursuant to section 1182(d)(5) of title 8; (5) an alien who is lawfully present in the United States as a result of the Attorney Gen- eral’s withholding deportation pursuant to section 1231(b)(3) of title 8; (6) an alien lawfully admitted for temporary or permanent residence under section 1255a of title 8; or Page 4520 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1436a 1 So in original. (7) an alien who is lawfully resident in the United States and its territories and posses- sions 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 Mi- cronesia (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 any 1 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. (b) ‘‘Financial assistance’’ defined (1) For purposes of this section the term ‘‘fi- nancial assistance’’ means financial assistance made available pursuant to the United States Housing Act of 1937 [42 U.S.C. 1437 et seq.], sec- tion 1715z or 1715z–1 of title 12, the direct loan program under section 1472 of this title or sec- tion 1472(c)(5)(D), 1474, 1490a(a)(2)(A), or 1490r of this title, subtitle A of title III of the Cranston- Gonzalez National Affordable Housing Act [42 U.S.C. 12851 et seq.], or section 101 of the Hous- ing and Urban Development Act of 1965 [12 U.S.C. 1701s]. (2) If the eligibility for financial assistance of at least one member of a family has been affirm- atively established under the program of finan- cial assistance and under this section, and the ineligibility of one or more family members has not been affirmatively established under this section, any financial assistance made available to that family by the applicable Secretary shall be prorated, based on the number of individuals in the family for whom eligibility has been af- firmatively established under the program of fi- nancial assistance and under this section, as compared with the total number of individuals who are members of the family. (c) Preservation of families; students (1) If, following completion of the applicable hearing process, financial assistance for any in- dividual receiving such assistance on February 5, 1988, is to be terminated, the public housing agency or other local governmental entity in- volved (in the case of public housing or assist- ance under section 8 of the United States Hous- ing Act of 1937 [42 U.S.C. 1437f]) or the applicable Secretary (in the case of any other financial as- sistance) shall take one of the following actions: (A) Permit the continued provision of finan- cial assistance, if necessary to avoid the divi- sion of a family in which the head of house- hold 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 sub- section (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. Financial as- sistance continued under this subparagraph for a family may be provided only on a pro- rated basis, under which the amount of finan- cial assistance is based on the percentage of the total number of members of the family that are eligible for that assistance under the program of financial assistance and under this section. (B)(i) Defer the termination of financial as- sistance, if necessary to permit the orderly transition of the individual and any family members involved to other affordable housing. (ii) Except as provided in clause (iii), any de- ferral under this subparagraph shall be for a 6- month period and may be renewed by the pub- lic housing agency or other entity involved for an aggregate period of 18-months. At the be- ginning 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 af- fordable housing. (iii) The time period described in clause (ii) shall not apply in the case of a refugee under section 1157 of title 8 or an individual seeking asylum under section 1158 of title 8. (2) Notwithstanding any other provision of law, the applicable Secretary may not make fi- nancial 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 aban- doning; (ii) is a bona fide student qualified to pur- sue a full course of study; and (iii) is admitted to the United States tem- porarily and solely for purposes of pursuing such a course of study at an established in- stitution of learning or other recognized place of study in the United States, particu- larly 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 At- torney General the termination of attend- ance 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 ac- companying such alien or following to join such alien. (d) Conditions for provision of financial assist- ance for individuals The following conditions apply with respect to financial assistance being or to be provided for the benefit of an individual: (1)(A) There must be a declaration in writing by the individual (or, in the case of an indi- vidual who is a child, by another on the indi- vidual’s behalf), under penalty of perjury, stating whether or not the individual is a cit- izen or national of the United States, and, if that individual is not a citizen or national of the United States, that the individual is in a satisfactory immigration status. If the dec- laration states that the individual is not a cit- izen or national of the United States and that the individual is younger than 62 years of age, the declaration shall be verified by the Immi- gration and Naturalization Service. If the dec- Page 4521 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1436a laration states that the individual is a citizen or national of the United States, the applica- ble Secretary, or the agency administering as- sistance covered by this section, may request verification of the declaration by requiring presentation of documentation that the appli- cable Secretary considers appropriate, includ- ing a United States passport, resident alien card, alien registration card, social security card, or other documentation. (B) In this subsection, the term ‘‘satisfac- tory immigration status’’ means an immigra- tion status which does not make the indi- vidual ineligible for financial assistance. (2) If such an individual is not a citizen or national of the United States, is not 62 years of age or older, and is receiving financial as- sistance on September 30, 1996, or applying for financial assistance on or after September 30, 1996, there must be presented either— (A) alien registration documentation or other proof of immigration registration from the Immigration and Naturalization Service that contains the individual’s alien admis- sion number or alien file number (or num- bers if the individual has more than one number), or (B) such other documents as the applicable Secretary determines constitutes reasonable evidence indicating a satisfactory immigra- tion status. In the case of an individual applying for finan- cial assistance on or after September 30, 1996, the applicable Secretary may not provide any such assistance for the benefit of that indi- vidual before documentation is presented and verified under paragraph (3) or (4). (3) If the documentation described in para- graph (2)(A) is presented, the applicable Sec- retary shall utilize the individual’s alien file or alien admission number to verify with the Immigration and Naturalization Service the individual’s immigration status through an automated or other system (designated by the Service for use with States) that— (A) utilizes the individual’s name, file number, admission number, or other means permitting efficient verification, and (B) protects the individual’s privacy to the maximum degree possible. (4) In the case of such an individual who is not a citizen or national of the United States, is not 62 years of age or older, and is receiving financial assistance on September 30, 1996, or applying for financial assistance on or after September 30, 1996, if, at the time of applica- tion or recertification for financial assistance, the statement described in paragraph (1) is submitted but the documentation required under paragraph (2) is not presented or if the documentation required under paragraph (2)(A) is presented but such documentation is not verified under paragraph (3)— (A) the applicable Secretary— (i) shall provide a reasonable oppor- tunity, not to exceed 30 days, to submit to the applicable Secretary evidence indi- cating a satisfactory immigration status, or to appeal to the Immigration and Natu- ralization Service the verification deter- mination of the Immigration and Natu- ralization Service under paragraph (3), (ii) in the case of any individual receiv- ing assistance on September 30, 1996, may not delay, deny, reduce, or terminate the eligibility of that individual for financial assistance on the basis of the immigration status of that individual until the expira- tion of that 30-day period; and (iii) in the case of any individual apply- ing for financial assistance on or after September 30, 1996, may not deny the ap- plication for such assistance on the basis of the immigration status of that indi- vidual until the expiration of that 30-day period; and (B) if any documents or additional infor- mation are submitted as evidence under sub- paragraph (A), or if appeal is made to the Immigration and Naturalization Service with respect to the verification determina- tion of the Service under paragraph (3)— (i) the applicable Secretary shall trans- mit to the Immigration and Naturaliza- tion Service photostatic or other similar copies of such documents or additional in- formation for official verification, (ii) pending such verification or appeal, the applicable Secretary may not— (I) in the case of any individual receiv- ing assistance on September 30, 1996, delay, deny, reduce, or terminate the eli- gibility of that individual for financial assistance on the basis of the immigra- tion status of that individual; and (II) in the case of any individual apply- ing for financial assistance on or after September 30, 1996, deny the application for such assistance on the basis of the immigration status of that individual; and (iii) the applicable Secretary shall not be liable for the consequences of any action, delay, or failure of the Service to conduct such verification. (5) If the applicable Secretary determines, after complying with the requirements of paragraph (4), that such an individual is not in a satisfactory immigration status, the appli- cable Secretary shall— (A) deny the application of that individual for financial assistance or terminate the eli- gibility of that individual for financial as- sistance, as applicable; (B) provide that the individual may re- quest a fair hearing during the 30-day period beginning upon receipt of the notice under subparagraph (C); and (C) provide to the individual written no- tice of the determination under this para- graph, the right to a fair hearing process, and the time limitation for requesting a hearing under subparagraph (C). (6) The applicable Secretary shall terminate the eligibility for financial assistance of an in- dividual and the members of the household of the individual, for a period of not less than 24 months, upon determining that such indi- vidual has knowingly permitted another indi- Page 4522 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1436a 2 So in original. Probably should be followed by ‘‘; and’’. vidual 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 in- eligible individual at issue was considered in calculating any proration of assistance pro- vided for the family. For purposes of this subsection, the term ‘‘appli- cable Secretary’’ means the applicable Sec- retary, a public housing agency, or another enti- ty that determines the eligibility of an indi- vidual for financial assistance. (e) Regulatory actions against entities for erro- neous determinations regarding eligibility based upon citizenship or immigration status The applicable Secretary shall not take any compliance, disallowance, penalty, or other reg- ulatory 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 immi- gration status by the Immigration and Natu- ralization Service, (2) because the entity, under subsection (d)(4)(A)(ii) (or under any alternative system for verifying immigration status with the Im- migration and Naturalization Service author- ized in the Immigration Reform and Control Act of 1986 (Public Law 99–603)), was required to provide a reasonable opportunity to submit documentation, or (3) because the entity, under subsection (d)(4)(B)(ii) (or under any alternative system for verifying immigration status with the Im- migration and Naturalization Service author- ized in the Immigration Reform and Control Act of 1986 (Public Law 99–603)), was required to wait for the response of the Immigration and Naturalization Service to the entity’s re- quest for official verification of the immigra- tion status of the individual, or the response from the Immigration and Naturalization Service to the appeal of that individual. (f) Verification system; liability of State or local government agencies or officials; prior con- sent agreements, court decrees or court or- ders unaffected (1) Notwithstanding any other provision of law, no agency or official of a State or local gov- ernment shall have any liability for the design or implementation of the Federal verification system described in subsection (d) if the imple- mentation by the State or local agency or offi- cial is in accordance with Federal rules and reg- ulations. (2) The verification system of the Department of Housing and Urban Development shall not su- persede or affect any consent agreement entered into or court decree or court order entered prior to February 5, 1988. (g) Reimbursement for costs of implementation The applicable Secretary is authorized to pay to each public housing agency or other entity an amount equal to 100 percent of the costs in- curred by the public housing agency or other en- tity in implementing and operating an immigra- tion status verification system under subsection (d) (or under any alternative system for verifying immigration status with the Immigra- tion and Naturalization Service authorized in the Immigration Reform and Control Act of 1986 (Public Law 99–603)). (h) ‘‘Applicable Secretary’’ defined For purposes of this section, the term ‘‘appli- cable Secretary’’ means— (1) the Secretary of Housing and Urban De- velopment, with respect to financial assist- ance administered by such Secretary and fi- nancial assistance under subtitle A of title III of the Cranston-Gonzalez National Affordable Housing Act [42 U.S.C. 12851 et seq.]; and (2) the Secretary of Agriculture, with re- spect to financial assistance administered by such Secretary. (i) Verification of eligibility (1) In general No individual or family applying for finan- cial assistance may receive such financial as- sistance prior to the affirmative establish- ment and verification of eligibility of at least the individual or one family member under subsection (d) by the applicable Secretary or other appropriate entity. (2) Rules applicable to public housing agencies A public housing agency (as that term is de- fined in section 3 of the United States Housing Act of 1937 [42 U.S.C. 1437a])— (A) may, notwithstanding paragraph (1) of this subsection, elect not to affirmatively establish and verify eligibility before pro- viding financial assistance 2 (B) in carrying out subsection (d)— (i) may initiate procedures to affirma- tively establish or verify the eligibility of an individual or family under this section at any time at which the public housing agency determines that such eligibility is in question, regardless of whether or not that individual or family is at or near the top of the waiting list of the public hous- ing agency; (ii) may affirmatively establish or verify the eligibility of an individual or family under this section in accordance with the procedures set forth in section 1324a(b)(1) of title 8; and (iii) shall have access to any relevant in- formation contained in the SAVE system (or any successor thereto) that relates to any individual or family applying for fi- nancial assistance. (3) Eligibility of families For purposes of this subsection, with respect to a family, the term ‘‘eligibility’’ means the eligibility of each family member. (Pub. L. 96–399, title II, § 214, Oct. 8, 1980, 94 Stat. 1637; Pub. L. 97–35, title III, § 329(a), Aug. 13, 1981, 95 Stat. 408; Pub. L. 99–603, title I, § 121(a)(2), Nov. 6, 1986, 100 Stat. 3386; Pub. L. 100–242, title I, § 164(a)–(f)(1), Feb. 5, 1988, 101 Stat. 1860–1863; Pub. L. 104–193, title IV, § 441(a), Aug. 22, 1996, 110 Stat. 2276; Pub. L. 104–208, div. C, title III, Page 4523 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1436a § 308(g)(7)(D)(ii), title V, §§ 572–576, Sept. 30, 1996, 110 Stat. 3009–624, 3009–684, 3009–685, 3009–687; Pub. L. 105–276, title V, § 592(a), Oct. 21, 1998, 112 Stat. 2653; Pub. L. 106–504, § 3(b), Nov. 13, 2000, 114 Stat. 2312; Pub. L. 114–201, title I, § 113, July 29, 2016, 130 Stat. 804.) Editorial Notes REFERENCES IN TEXT The United States Housing Act of 1937, referred to in subsec. (b), is act Sept. 1, 1937, ch. 896, as revised gen- erally by Pub. L. 93–383, title II, § 201(a), Aug. 22, 1974, 88 Stat. 653, which is classified generally to this chap- ter (§ 1437 et seq.). For complete classification of this Act to the Code, see Short Title note set out under sec- tion 1437 of this title and Tables. The Cranston-Gonzalez National Affordable Housing Act, referred to in subsecs. (b)(1) and (h)(1), is Pub. L. 101–625, Nov. 28, 1990, 104 Stat. 4079. Subtitle A of title III of the Act, known as the National Homeownership Trust Act, is classified generally to subchapter III (§ 12851 et seq.) of chapter 130 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 12701 of this title and Tables. Section 101 of the Housing and Urban Development Act of 1965, referred to in subsec. (b), is section 101 of Pub. L. 89–117, title I, Aug. 10, 1965, 79 Stat. 451, which enacted section 1701s of Title 12, Banks and Banking, and amended sections 1451 and 1465 of this title. The Immigration Reform and Control Act of 1986, re- ferred to in subsecs. (e)(2), (3) and (g), is Pub. L. 99–603, Nov. 6, 1986, 100 Stat. 3359. For complete classification of this Act to the Code, see Short Title of 1986 Amend- ments note set out under section 1101 of Title 8, Aliens and Nationality, and Tables. CODIFICATION Section was enacted as part of the Housing and Com- munity Development Act of 1980, and not as part of the United States Housing Act of 1937 which comprises this chapter. AMENDMENTS 2016—Subsec. (a)(7). Pub. L. 114–201 substituted ‘‘any citizen or national of the United States shall be enti- tled to a preference or priority in receiving financial assistance before any such alien who is otherwise eligi- ble 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.’’ 2000—Subsec. (a)(7). Pub. L. 106–504 added par. (7). 1998—Subsec. (b)(2). Pub. L. 105–276, § 592(a)(1), sub- stituted ‘‘applicable Secretary’’ for ‘‘Secretary of Hous- ing and Urban Development’’. Subsec. (c)(1)(B). Pub. L. 105–276, § 592(a)(2), aligned cls. (ii) and (iii) with cl. (i). 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 con- siders’’. Subsec. (d)(2). Pub. L. 105–276, § 592(a)(3)(B), aligned concluding provisions with par. (2) and inserted ‘‘appli- cable’’ before ‘‘Secretary’’ in concluding provisions. Subsec. (d)(4)(B)(ii). Pub. L. 105–276, § 592(a)(3)(C), in- serted ‘‘applicable’’ before ‘‘Secretary’’ in introductory provisions. Subsec. (d)(5). Pub. L. 105–276, § 592(a)(3)(D), sub- stituted ‘‘the applicable Secretary shall’’ for ‘‘the Sec- retary shall’’ in introductory provisions. Subsec. (d)(6). Pub. L. 105–276, § 592(a)(3)(E), inserted ‘‘applicable’’ before ‘‘Secretary’’. Subsec. (h). Pub. L. 105–276, § 592(a)(5), redesignated subsec. (h), relating to verification of eligibility, as (i). Subsec. (h)(1). Pub. L. 105–276, § 592(a)(4)(A), sub- stituted ‘‘No’’ for ‘‘Except in the case of an election under paragraph (2)(A), no’’ and ‘‘subsection (d)’’ for ‘‘this section’’ and inserted ‘‘applicable’’ before ‘‘Sec- retary’’. 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’’. Subsec. (h)(2)(B). Pub. L. 105–276, § 592(a)(4)(B)(ii), sub- stituted ‘‘in carrying out subsection (d)’’ for ‘‘in com- plying with this section’’ in introductory provisions. Subsec. (i). Pub. L. 105–276, § 592(a)(5), redesignated subsec. (h), relating to verification of eligibility, as (i). 1996—Subsec. (a). Pub. L. 104–193, § 441(a)(1), sub- stituted ‘‘applicable Secretary’’ for ‘‘Secretary of Hous- ing and Urban Development’’ in introductory provi- sions. Subsec. (a)(5). Pub. L. 104–208, § 308(g)(7)(D)(ii), sub- stituted ‘‘section 1231(b)(3)’’ for ‘‘section 1253(h)’’. Subsec. (b). Pub. L. 104–208, § 572, designated existing provisions as par. (1) and added par. (2). 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,’’. Subsec. (c). Pub. L. 104–193, § 441(a)(1), substituted ‘‘applicable Secretary’’ for ‘‘Secretary of Housing and Urban Development’’ in two places. Subsec. (c)(1). Pub. L. 104–208, § 573(1), substituted ‘‘shall’’ for ‘‘may, in its discretion,’’ in introductory provisions. Subsec. (c)(1)(A). Pub. L. 104–208, § 573(2), inserted at end ‘‘Financial assistance continued under this sub- paragraph for a family may be provided only on a pro- rated basis, under which the amount of financial assist- ance is based on the percentage of the total number of members of the family that are eligible for that assist- ance under the program of financial assistance and under this section.’’ Subsec. (c)(1)(B). Pub. L. 104–208, § 573(3), designated first sentence of existing provisions as cl. (i), des- ignated second and third sentences of existing provi- sions as cl. (ii) and substituted ‘‘Except as provided in clause (iii), any deferral’’ for ‘‘Any deferral’’ and ‘‘18- months’’ for ‘‘3 years’’, and added cl. (iii). Subsec. (d). Pub. L. 104–208, § 574(1), inserted ‘‘or to be’’ after ‘‘being’’ in introductory provisions. Pub. L. 104–193, § 441(a)(3), substituted ‘‘applicable Secretary’’ for ‘‘Secretary’’ wherever appearing in pars. (2) to (6). 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. 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 declara- tion shall be verified by the Immigration and Natu- ralization Service. If the declaration states that the in- dividual 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 Sec- retary considers appropriate, including a United States passport, resident alien card, alien registration card, social security card, or other documentation.’’ Subsec. (d)(2). Pub. L. 104–208, § 574(3), substituted ‘‘on September 30, 1996, or applying for financial assistance on or after September 30, 1996’’ for ‘‘on February 5, 1988’’ in introductory provisions and added concluding provisions. Subsec. (d)(4). Pub. L. 104–208, § 574(4)(A), substituted ‘‘on September 30, 1996, or applying for financial assist- ance on or after September 30, 1996’’ for ‘‘on February 5, 1988’’ in introductory provisions. Subsec. (d)(4)(A)(i). Pub. L. 104–208, § 574(4)(B)(i)(I), in- serted ‘‘, not to exceed 30 days,’’ after ‘‘reasonable op- portunity’’. Page 4524 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1436a 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 eligi- bility for financial assistance on the basis of the indi- vidual’s immigration status until such a reasonable op- portunity has been provided; and’’. Subsec. (d)(4)(B)(ii). Pub. L. 104–208, § 574(4)(C), added cl. (ii) and struck out former cl. (ii) which read as fol- lows: ‘‘pending such verification or appeal, the applica- ble Secretary may not delay, deny, reduce, or termi- nate the individual’s eligibility for financial assistance on the basis of the individual’s immigration status, and’’. Subsec. (d)(5). Pub. L. 104–208, § 574(5), inserted ‘‘, the Secretary shall’’ after ‘‘status’’ in introductory provi- sions, added subpars. (A) to (C), and struck out former subpars. (A) and (B) which read as follows: ‘‘(A) the applicable Secretary shall deny or terminate the individual’s eligibility for financial assistance, and ‘‘(B) the applicable fair hearing process shall be made available with respect to the individual.’’ Subsec. (d)(6). Pub. L. 104–208, § 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 in- dividual shall include not less than the following proce- dural protections: ‘‘(A) The applicable Secretary shall provide the in- dividual with written notice of the determination de- scribed in paragraph (5) and of the opportunity for a hearing with respect to the determination. ‘‘(B) Upon timely request by the individual, the ap- plicable 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 sta- tus. ‘‘(C) The applicable Secretary shall notify the indi- vidual in writing of the decision of the hearing officer on the appeal of the determination in a timely man- ner. ‘‘(D) Financial assistance may not be denied or ter- minated until the completion of the hearing proc- ess.’’ Subsec. (e). Pub. L. 104–193, § 441(a)(1), substituted ‘‘applicable Secretary’’ for ‘‘Secretary of Housing and Urban Development’’ in introductory provisions. Subsec. (e)(3). Pub. L. 104–208, § 575(2), inserted at end ‘‘the response from the Immigration and Naturaliza- tion Service to the appeal of that individual.’’ 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 Immigra- tion Reform and Control Act of 1986 (Public Law 99–603)).’’ Subsec. (g). Pub. L. 104–193, § 441(a)(1), substituted ‘‘applicable Secretary’’ for ‘‘Secretary of Housing and Urban Development’’. Subsec. (h). Pub. L. 104–208, § 576, added subsec. (h) re- lating to verification of eligibility. Pub. L. 104–193, § 441(a)(5), added subsec. (h) defining ‘‘applicable Secretary’’. 1988—Subsec. (a)(6). Pub. L. 100–242, § 164(a), added par. (6). Subsec. (c). Pub. L. 100–242, § 164(b), added subsec. (c). 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 Sec- retary and to a public housing authority or other enti- ty which makes financial assistance available.’’ 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’’. Subsec. (d)(4). Pub. L. 100–242, § 164(c)(2), in introduc- tory provisions, inserted ‘‘, is not 62 years of age or older, and is receiving financial assistance on February 5, 1988’’ after ‘‘States’’, and ‘‘or recertification’’ after ‘‘application’’. Subsec. (d)(4)(A)(i). Pub. L. 100–242, § 164(c)(3), inserted after comma ‘‘or to appeal to the Immigration and Nat- uralization Service the verification determination of the Immigration and Naturalization Service under paragraph (3),’’. Subsec. (d)(4)(B). Pub. L. 100–242, § 164(c)(4), amended introductory provisions generally. Prior to amend- ment, introductory provisions read as follows: ‘‘if there are submitted documents which the Secretary deter- mines constitutes reasonable evidence indicating such status—’’. Subsec. (d)(4)(B)(i), (ii). Pub. L. 100–242, § 164(c)(5), (6), inserted ‘‘or additional information’’ after ‘‘docu- ments’’ in cl. (i), and ‘‘or appeal’’ after ‘‘verification’’ in cl. (ii). Subsec. (d)(6). Pub. L. 100–242, § 164(c)(7), added par. (6). Subsec. (e). Pub. L. 100–242, § 164(d)(1), in introductory provisions, inserted ‘‘of Housing and Urban Develop- ment’’ after ‘‘Secretary’’. Subsec. (e)(2), (3). Pub. L. 100–242, § 164(d)(2), (3), in- serted ‘‘(or under any alternative system for verifying immigration status with the Immigration and Natu- ralization Service authorized in the Immigration Re- form and Control Act of 1986 (Public Law 99–603))’’. 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 Natu- ralization Service authorized in the Immigration Re- form and Control Act of 1986 (Public Law 99–603))’’. Subsec. (f). Pub. L. 100–242, § 164(e), added subsec. (f). Subsec. (g). Pub. L. 100–242, § 164(f)(1), added subsec. (g). 1986—Subsecs. (d), (e). Pub. L. 99–603 added subsecs. (d) and (e). 1981—Subsec. (a). Pub. L. 97–35 substituted provisions relating to restrictions on use of assisted housing by resident aliens meeting further conditions for provi- sions relating to prohibition on financial assistance to nonimmigrant student-aliens. Subsec. (b). Pub. L. 97–35 struck out ‘‘(1)’’ after ‘‘(b)’’ and par. (2) which defined ‘‘nonimmigrant student- alien’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1998 AMENDMENT 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].’’ EFFECTIVE DATE OF 1996 AMENDMENT Amendment by section 308(g)(7)(D)(ii) of Pub. L. 104–208 effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996, see section 309 of Pub. L. 104–208, set out as a note under section 1101 of Title 8, Aliens and Nationality. Amendment by sections 572–576 of Pub. L. 104–208 ef- fective Sept. 30, 1996, see section 591 of Pub. L. 104–208, set out as a note under section 1101 of Title 8. EFFECTIVE DATE OF 1988 AMENDMENT Pub. L. 100–242, title I, § 164(h), Feb. 5, 1988, 101 Stat. 1863, provided that: ‘‘(1) The provisions of, and amendments made by, sub- sections (a), (b), (e), (f), and (g) [amending this section, repealing section 1437r of this title, and enacting provi- sions set out below] shall take effect on the date of the enactment of this Act [Feb. 5, 1988]. ‘‘(2) The amendments made by subsections (c) and (d) [amending this section] shall take effect on October 1, 1988.’’ EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99–603 effective on Oct. 1, 1988, with certain exceptions and qualifications, see section Page 4525 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1436c 121(c)(3), (4) of Pub. L. 99–603, set out as a note under section 1320b–7 of this title. EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–35 effective Oct. 1, 1981, see section 371 of Pub. L. 97–35, set out as an Effective Date note under section 3701 of Title 12, Banks and Banking. SHORT TITLE OF 1996 AMENDMENT Pub. L. 104–208, div. C, title V, § 571, Sept. 30, 1996, 110 Stat. 3009–684, provided that: ‘‘This subtitle [subtitle E (§§ 571–577) of title V of div. C of Pub. L. 104–208, amend- ing this section and enacting provisions set out as a note below] may be cited as the ‘Use of Assisted Hous- ing by Aliens Act of 1996’.’’ REGULATIONS Pub. L. 104–208, div. C, title V, § 577, Sept. 30, 1996, 110 Stat. 3009–688, provided that: ‘‘(a) ISSUANCE.—Not later than the 60 days after the date of enactment of this Act [Sept. 30, 1996], the Sec- retary of Housing and Urban Development shall issue any regulations necessary to implement the amend- ments made by this part [probably means this subtitle, subtitle E (§§ 571–577) of title V of div. C of Pub. L. 104–208, see Short Title of 1996 Amendment note above]. Such regulations shall be issued in the form of an in- terim final rule, which shall take effect upon issuance and shall not be subject to the provisions of section 533 of title 5, United States Code, regarding notice or op- portunity for comment. ‘‘(b) FAILURE TO ISSUE.—If the Secretary fails to issue the regulations required under subsection (a) before the date specified in that subsection, the regulations relat- ing to restrictions on assistance to noncitizens, con- tained in the final rule issued by the Secretary of Hous- ing and Urban Development in RIN–2501–AA63 (Docket No. R–95–1409; FR–2383–F–050), published in the Federal Register on March 20, 1995 (Vol. 60, No. 53; pp. 14824–14861), shall not apply after that date.’’ 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. TRANSITIONAL CERTIFICATION AND DOCUMENTATION PROVISIONS Pub. L. 100–242, title I, § 164(g), Feb. 5, 1988, 101 Stat. 1863, provided that: ‘‘In carrying out section 214 of the Housing and Community Development Act of 1980 [this section] during fiscal year 1988, the Secretary of Hous- ing and Urban Development shall require, as a condi- tion of providing financial assistance for the benefit of any individual, that such individual— ‘‘(1) declare in writing, under penalty of perjury, whether or not such individual is a citizen or na- tional of the United States; and ‘‘(2) if not a citizen or national— ‘‘(A) declare in writing, under penalty of perjury, the immigration status of such individual, if such individual is not less than 62 years of age ‘and is re- ceiving financial assistance on the date of the en- actment of the Housing and Community Develop- ment Act of 1987’ [Feb. 5, 1988]; or ‘‘(B) provide such documentation regarding the immigration status of such individual as the Sec- retary may require by regulation.’’ DELAYED IMPLEMENTATION OF 1981 AMENDMENT Pub. L. 98–181, title I [title IV, § 474(e)], Nov. 30, 1983, 97 Stat. 1239, provided in part that: ‘‘The Secretary may not implement the amendment to section 214 of the Housing and Community Development Act of 1980 [this section], made by section 329(a) of the Housing and Community Development Amendments of 1981 [Pub. L. 97–35], before the expiration of the one-year period fol- lowing the date of the enactment of this Act [Nov. 30, 1983].’’ ALIENS GRANTED CONDITIONAL ENTRY ELIGIBLE FOR ASSISTED HOUSING Pub. L. 97–35, title III, § 329(b), Aug. 13, 1981, 95 Stat. 408, provided that: ‘‘An alien who is lawfully present in the United States as a result of being granted condi- tional entry pursuant to section 203(a)(7) of the Immi- gration and Nationality Act (8 U.S.C. 1153(a)(7)) before April 1, 1980, because of persecution or fear of persecu- tion on account of race, religion, or political opinion or because of being uprooted by catastrophic natural ca- lamity shall be deemed, for purposes of section 214 of the Housing and Community Development Act of 1980 [this section], to be an alien described in section 214(a)(3) of such Act [subsec. (a)(3) of this section].’’ § 1436b. Financial assistance in impacted areas The Secretary of Housing and Urban Develop- ment shall not exclude from consideration for fi- nancial assistance under federally assisted hous- ing programs proposals for housing projects solely because the site proposed is located with- in an impacted area. For the purposes of this section, the term ‘‘federally assisted housing programs’’ means any program authorized by the United States Housing Act of 1937 [42 U.S.C. 1437 et seq.], sections 1715z and 1715z–1 of title 12, section 101 of the Housing and Urban Develop- ment Act of 1965 [12 U.S.C. 1701s], or section 1701q of title 12. (Pub. L. 96–399, title II, § 216, Oct. 8, 1980, 94 Stat. 1638.) Editorial Notes REFERENCES IN TEXT The United States Housing Act of 1937, referred to in text, is act Sept. 1, 1937, ch. 896, as revised generally by Pub. L. 93–383, title II, § 201(a), Aug. 22, 1974, 88 Stat. 653, which is classified generally to this chapter (§ 1437 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 1437 of this title and Tables. Section 101 of the Housing and Urban Development Act of 1965, referred to in text, is section 101 of Pub. L. 89–117, title I, Aug. 10, 1965, 79 Stat. 451, which enacted section 1701s of Title 12, Banks and Banking, and amended sections 1451 and 1465 of this title. CODIFICATION Section was enacted as part of the Housing and Com- munity Development Act of 1980, and not as part of the United States Housing Act of 1937 which comprises this chapter. § 1436c. Insurance for public housing agencies and Indian housing authorities On and after October 28, 1991, notwithstanding any other provision of State or Federal law, reg- ulation or other requirement, any public hous- ing agency or Indian housing authority that purchases any line of insurance from a nonprofit insurance entity, owned and controlled by pub- lic housing agencies or Indian housing authori- ties, and approved by the Secretary, may pur- chase such insurance without regard to competi- tive procurement. On and after October 28, 1991, the Secretary shall establish standards as set forth herein, by regulation, adopted after notice and comment