Page:United States Statutes at Large Volume 100 Part 4.djvu/1046

 100 STAT. 3392

PUBLIC LAW 99-603—NOV. 6, 1986 have until that date to begin complying with the requirements imposed by those amendments.

42 USC 1320b-7 "°*®-

(4) USE OF VERIFICATION SYSTEM NOT REQUIRED FOR A PROGRAM IN CERTAIN CASES.— (A) REPORT TO RESPECTIVE CONGRESSIONAL COMMITTEES.—

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With respect to each covered program (as defined in subparagraph (D)(i)), each appropriate Secretary 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 determines, 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) and information contained in such an application), that— (i) the appropriate Secretary or the administering entity has in effect an alternative system of immigrait, tion 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 appeals rights for beneficiaries that would be provided 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

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subparagraph (B)(ii) shall be based upon the appropriate Secretary's estimate of^ (i) the number of aliens claiming benefits under the covered program in relation to the total number of claimants seeking benefits under the program, (ii) any savings in benefit expenditures reasonably expected to result from implementation of the verification program, and (iii) the labor and nonlabor costs of administration of the verification system, the degree to which the Immigration and Naturalization Service is capable of providing timely and accurate information to the administering entity in order to permit a

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