Page:United States Statutes at Large Volume 100 Part 4.djvu/1040

 100 STAT. 3386 i,,- t..^

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PUBLIC LAW 99-603—NOV. 6, 1986

"(A) the State— "(i) shall provide a reasonable opportunity to submit to the State evidence indicating a satisfactory immigration status, and "(ii) may not delay, deny, reduce, or terminate the individual s eligibility for benefits under the program t,. on the basis of the individual's immigration status ! tj r^ ^ until such a reasonable opportunity has been provided; and "(B) if there are submitted documents which the State determines constitutes reasonable evidence indicating such status— "(i) the State shall transmit to the Immigration and Naturalization Service photostatic or other similar copies of such documents for official verification, "(ii) pending such verification, the State may not delay, deny, reduce, or terminate the individual's eligin.u* •>;.,: - ; bility for benefits under the program on the basis of the ^ individual's immigration status, and £ v,:.'V "(iii) the State shall not be liable for the consequences of any action, delay, or failure of the Service to conduct such verification. "(5) If the State determines, after complying with the require{.i ments of paragraph (4), that such an individual is not in a satisfactory immigration status under the applicable program— "(A) the State shall deny or terminate the individual's eligibility for benefits under the program, and "(B) the applicable fair hearing process shall be made available with respect to the individual. "(e) Each Federal agency responsible for administration 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 immigration status by the Immigration and Naturalization Service, "(2) because the State, under subsection (d)(4)(A)(ii), was i,: required to provide a reasonable opportunity to submit documentation, "(3) because the State, under subsection (d)(4)(B)(ii), was required to wait for the response of the Immigration and Naturalization Service to the State's request for official verification of the immigration status of the individual, or "(4) because of a fair hearing process described in subsection (d)(5)(B).". (2) UNDER HOUSING ASSISTANCE PROGRAMS.—Section 214 of the

Children and yout^-

-t*;." 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)(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

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