{"id":2392,"date":"2009-08-12T10:09:39","date_gmt":"2009-08-12T14:09:39","guid":{"rendered":"http:\/\/thedustininmansociety.com\/blog\/?p=2392"},"modified":"2009-08-12T10:17:26","modified_gmt":"2009-08-12T14:17:26","slug":"guidance-on-the-interpretation-of-federal-public-benefits-under-the-welfare-reform-law-kristi-carman-pay-attention","status":"publish","type":"post","link":"https:\/\/www.thedustininmansociety.org\/blog\/2009\/08\/12\/guidance-on-the-interpretation-of-federal-public-benefits-under-the-welfare-reform-law-kristi-carman-pay-attention\/","title":{"rendered":"Guidance on the Interpretation of “Federal Public Benefits” Under the Welfare Reform Law. TCSG lawyer Kristi Carman: PAY ATTENTION!"},"content":{"rendered":"

Guidance on the Interpretation of “Federal Public Benefits” Under the Welfare Reform Law
\nTHIS CONTAINS INFORMATION ISSUED BY THE U.S. ADMINISTRATION FOR CHILDREN AND
\nFAMILIES IN LIHEAP INFORMATION MEMORANDUM TRANSMITTAL NO. LIHEAP-IM-98-25,
\nDATED 08\/06\/98<\/strong><\/p>\n

TO: LOW INCOME HOME ENERGY ASSISTANCE
\n PROGRAM (LIHEAP) GRANTEES AND OTHER INTERESTED
\n PARTIES<\/p>\n

SUBJECT: Guidance on the Interpretation of “Federal
\n Public Benefits” Under the Welfare Reform Law<\/p>\n

RELATED
\nREFERENCES: Low Income Home Energy Assistance Act, Title XXVI
\n of the Omnibus Budget Reconciliation Act of 1981,
\n Public Law 97-35, as amended; the Personal
\n Responsibility and Work Opportunity Reconciliation
\n Act of 1996 (PRWORA), Public Law 104-193, signed
\n into law on August 22, 1996; Federal Register
\n notice dated August 26, 1997 (62 FR 45256)
\n providing guidance on the definition of “Federal
\n Means-Tested Public Benefits” under PRWORA for HHS
\n programs; Federal Register notice dated August 4,
\n 1998 (63 FR 41657) providing guidance on the
\n definition of “Federal Public Benefits” under
\n PRWORA for HHS programs; Federal Register notice
\n dated August 4, 1998 (63 FR 41662) from the
\n Department of Justice issuing a “Proposed Rule on
\n Verification of Eligibility for Public Benefits”
\n under PRWORA; and Federal Register notice dated
\n November 17, 1997 (62 FR 61344) from the
\n Department of Justice issuing “Interim Guidance on
\n Verification of Citizenship, Qualified Alien
\n Status and Eligibility Under Title IV of the
\n Personal Responsibility and Work Opportunity
\n Reconciliation Act of 1996”.<\/p>\n

PURPOSE: To advise LIHEAP grantees about decisions
\n made on the definition of “Federal Public
\n Benefits” for non-qualified aliens under the 1996
\n welfare reform law for HHS programs.<\/p>\n

BACKGROUND: The Personal Responsibility and Work Opportunity
\n Reconciliation Act of 1996 (PRWORA), Public Law
\n 104-193, was signed into law by the President on
\n August 22, 1996. PRWORA, popularly known as the
\n welfare reform law, established the Temporary
\n Assistance to Needy Families (TANF) program to
\n replace the Assistance to Families With Dependent
\n Children (AFDC) program. PRWORA restricts the
\n access of certain categories of immigrants to
\n specified Federal benefits, including some
\n benefits administered by the Department of Health
\n and Human Services (HHS).<\/p>\n

Section 403 of PRWORA bars most qualified aliens
\n who enter the U.S. on or after enactment (August
\n 22, 1996) from eligibility for “Federal means-tested
\n public benefits” for five years beginning on the
\n date the individual entered the United States with
\n a qualified alien status. As defined in a Federal
\n Register notice dated August 26, 1997 (62 FR 45256),
\n HHS interpreted “Federal means-tested public benefits”
\n to include only those benefits provided under Federal
\n means-tested, mandatory spending programs. The
\n following HHS programs meet this definition:
\n Medicaid, and Temporary Assistance for Needy
\n Families (TANF) Block Grant – the successor to the
\n AFDC program. Therefore, no other HHS programs
\n are “Federal means-tested public benefits” for
\n purposes of PRWORA, and all qualified aliens,
\n regardless of when they entered the U.S., continue
\n to be eligible to receive assistance and services
\n under the Low Income Home Energy Assistance
\n Program (LIHEAP) if they meet other program
\n requirements.<\/p>\n

“Qualified aliens” are defined in section 431 of
\n PRWORA and cover the larger groups of legal immigrants:
\n (1) an alien lawfully admitted for permanent residence
\n under the Immigration and Nationality Act (the “Act”);
\n (2) an alien granted asylum under section 208 of the
\n Act; (3) a refugee admitted to the United States
\n under section 207 of the Act; (4) an alien paroled
\n into the United States under section 212(d)(5) of
\n the Act for a period of at least one year; (5) an
\n alien whose deportation is being withheld under
\n section 243(h) of the Act as in effect prior to
\n April 1, 1997, or whose removal is being withheld
\n under Section 241(b)(3) of the Act; (6) an alien
\n granted conditional entry under section 203(a)(7)
\n of the Act as in effect prior to April 1, 1980;
\n (7) an alien who is a Cuban or Haitian entrant as
\n defined in section 501(e) of the Refugee Education
\n Assistance Act of 1980; or (8) an alien who (or
\n whose child or parent) has been battered or
\n subjected to extreme cruelty in the United States
\n and otherwise satisfies the requirements of 8
\n U.S.C. 1641(c).<\/p>\n

We are now issuing guidance on the eligibility of
\n non-qualified aliens for “Federal public benefits”.<\/strong><\/p>\n

CONTENT: Section 401 of PRWORA prohibits non-qualified
\n aliens from receiving any “Federal public
\n benefits”. On August 4, 1998, HHS published a
\n notice in the Federal Register (63 FR 41657)
\n identifying 31 HHS programs that provide Federal
\n public benefits, and which therefore non-qualified
\n aliens may not receive. With a number of
\n important exceptions discussed below, grantees
\n under these programs are required to verify
\n immigration and citizenship status of applicants
\n in order to ensure that non-qualified aliens do
\n not receive the programs’ benefits and services.
\n Also in the Federal Register dated August 4, 1998
\n (63 FR 41662), the Department of Justice published
\n a “Proposed Rule on Verification of Eligibility
\n for Public Benefits”.<\/strong><\/p>\n

The Low Income Home Energy Assistance Program
\n (LIHEAP) has been determined to be a Federal public
\n benefit as defined in title IV of PRWORA, and thus
\n is one of the programs listed in the HHS notice.
\n Accordingly, LIHEAP grantees are required to implement
\n the verification requirements, in order to ensure
\n that non-qualified aliens do not receive LIHEAP
\n benefits. There are some exceptions to the verification
\n requirements, however, as noted below.<\/p>\n

Agencies providing Federal public benefits must be
\n in full compliance with the verification requirements
\n within 2 years of publication of a Justice final
\n rule. Until a final rule is published, verification
\n of alien status may be carried out using the Justice
\n Department’s proposed final rule or the Interim
\n Guidance on Verification of Citizenship, Qualified
\n Alien Status and Eligibility Under Title IV of the
\n Personal Responsibility and Work Opportunity
\n Reconciliation Act of 1996, which Justice published
\n earlier in the Federal Register at 62 FR 61344 on
\n November 17, 1997. A copy of Justice’s proposed
\n rule and the Interim Guidance may be obtained from
\n the Federal Register website at “www.access.gpo.gov\/nara”.<\/p><\/blockquote>\n

EXCEPTIONS TO VERIFICATION REQUIREMENTS<\/p>\n

Under section 432(d) of PRWORA (as amended by section
\n 508 of the Illegal Immigration and Immigrant Responsibility
\n Act of 1996, Public Law 104-208), providers who are
\n nonprofit charitable organizations are not required
\n to determine, verify, or otherwise require proof of
\n eligibility of any applicant for benefits even if they
\n are providers of Federal public benefits as identified
\n in the Federal Register notice.<\/p>\n

Providers should also be aware of important exemptions
\n to the verification requirements established by PRWORA
\n and clarified by the Department of Justice in its
\n Interim Guidance (62 FR 61344, November 17, 1997)
\n and in the Proposed Rule (63 FR 41662, August 4, 1998).
\n These exemptions include those for: the provision
\n of in-kind, community based services which are necessary
\n for the protection of life and safety; the provision
\n of emergency medical care and certain other immunizations
\n and treatments; and the protection of battered alien
\n spouses, battered alien children, the alien parents
\n of battered children, and alien children of battered
\n parents who fit certain criteria.<\/p>\n

LIHEAP has been determined to be a Federal public
\n benefit as defined in title IV of PRWORA and, therefore,
\n LIHEAP grantees are required to implement the new
\n verification requirements promulgated by the Department
\n of Justice. However, not all services provided under
\n LIHEAP are considered Federal public benefits because
\n some services provided with LIHEAP funds are not
\n provided to individual, household, or family eligibility
\n units, and therefore do not constitute Federal public
\n benefits that are subject to verification requirements.
\n Accordingly, we encourage LIHEAP grantees to review
\n and understand these important exemptions.<\/p>\n

For example, the guidance means that a LIHEAP grantee
\n would not need to verify eligibility or deny benefits
\n to non-qualified aliens who wish to use a cooling
\n center set up to provide relief to citizens suffering
\n during hot weather, if the grantee does not verify income
\n for users of the cooling center. In addition, many
\n LIHEAP grantees use rules of the Department of
\n Energy’s Low Income Weatherization Assistance
\n Program in administering their LIHEAP funds spent
\n on weatherization. Under the DOE rules, a multi-
\n unit building may be weatherized if residents in
\n 2\/3 of the units are eligible for assistance (1\/2
\n in the case of a 4-unit building). While determinations
\n would need to be made to ensure that 2\/3 of the units
\n meet the criteria for assistance, a non-qualified alien
\n could be the recipient of weatherization assistance as
\n part of the up to 1\/3 of the building’s households that
\n are not eligible.<\/p>\n

REQUEST FOR COMMENTS<\/p>\n

The HHS interpretation of Federal public benefits published
\n in the Federal Register is a notice that is effective
\n on August 4, 1998, the date of publication. However,
\n HHS would like to receive any comments you may have on
\n it, and may revise the interpretation based on comments.
\n Comments must be submitted no later than 5:00 p.m. on
\n October 5, 1998, and should be sent to the following address:<\/p>\n

Division of Economic Support for Families
\n Office of the Assistant Secretary for Planning and Evaluation
\n Department of Health and Human Services
\n Room 404E
\n 200 Independence Avenue, S.W.
\n Washington, DC 20201
\n Attention: Colleen Curtin Rathgeb<\/p>\n

Inquiries about the HHS interpretation may be directed
\n to Colleen Curtin Rathgeb at 202\/401-6639<\/p>\n

The Department of Justice published a Proposed Rule
\n on Verification of Eligibility for Public Benefits in
\n the Federal Register on August 4, 1998 (63 FR 41662),
\n and has also provided a 60-day comment period, which
\n ends on October 5, 1998. Comments on the Proposed Rule
\n should be sent directly to the address indicated in
\n the Proposed Rule.<\/p>\n

ATTACHMENT: Federal Register notice dated August 4, 1998 (63 FR 41657)
\n providing guidance on the definition of “Federal Public
\n Benefits” under PRWORA for HHS programs.<\/p>\n

INQUIRIES TO: Janet M. Fox, Director
\n Division of Energy Assistance
\n Office of Community Services, ACF, HHS
\n 370 L’Enfant Promenade, S.W.
\n Washington, D.C. 20447
\n Telephone: (202) 401-9351
\n Fax: (202) 401-5718<\/p>\n

_____________\/s______________
\n Janet M. Fox
\n Director
\n Division of Energy Assistance
\n Office of Community Services<\/p>\n

[Federal Register: August 4, 1998 (Volume 63, Number 14)]
\n[Notices]
\n[Page 41657-41661]
\nFrom the Federal Register Online via GPO Access [wais.access.gpo.gov]
\n[DOCID:fr04au98-135]<\/p>\n

[[Page 41657]]<\/p>\n

_______________________________________________________________________<\/p>\n

Part III<\/p>\n

Department of Health and Human Services<\/p>\n

Department of Justice
\n_______________________________________________________________________<\/p>\n

8 CFR Part 104<\/p>\n

Personal Responsibility and Work Opportunity Reconciliation Act of 1996
\n(PRWORA): Federal Public Benefit Interpretation; Notice Eligibility for
\nPublic Benefits Verification; Proposed Rule<\/p>\n

[[Page 41658]]<\/p>\n

DEPARTMENT OF HEALTH AND HUMAN SERVICES<\/p>\n

Office of the Secretary<\/p>\n

Personal Responsibility and Work Opportunity Reconciliation Act
\nof 1996 (PRWORA); Interpretation of “Federal Public Benefit”<\/p>\n

AGENCY: Office of the Secretary, HHS.<\/p>\n

ACTION: Notice with comment period.<\/p>\n

———————————————————————–<\/p>\n

SUMMARY: This notice with comment period interprets the term “Federal
\npublic benefit” as used in Title IV of the Personal Responsibility and
\nWork Opportunity Reconciliation Act of 1996 (PRWORA), Pub. L. 104-193,
\nand identifies the HHS programs that provide such benefits under this
\ninterpretation. According to section 401 of PRWORA, aliens who are not
\n“qualified aliens” are not eligible for any “Federal public
\nbenefit,” unless the “Federal public benefit” falls within a
\nspecified exception. A “Federal public benefit” includes “any grant,
\ncontract, loan, professional license, or commercial license” provided
\nto an individual, and also “any retirement, welfare, health,
\ndisability, public or assisted housing, postsecondary education, food
\nassistance, unemployment benefit, or any other similar benefit for
\nwhich payments or assistance are provided to an individual, household,
\nor family eligibility unit.” Under section 432, providers of a non-
\nexempt “Federal public benefit” must verify that a person applying
\nfor the benefit is a qualified alien and is eligible to receive the
\nbenefit.
\n The HHS programs that provide “Federal public benefits” and are
\nnot otherwise excluded from the definition by the exceptions provided
\nin section 401(b) are:<\/p>\n

Adoption Assistance
\nAdministration on Developmental Disabilities (ADD)–State
\nDevelopmental Disabilities Councils (direct services only)
\nADD–Special Projects (direct services only)
\nADD–University Affiliated Programs (clinical disability assessment
\nservices only)
\nAdult Programs\/Payments to Territories
\nAgency for Health Care Policy and Research Dissertation Grants
\nChild Care and Development Fund
\nClinical Training Grant for Faculty Development in Alcohol & Drug
\nAbuse
\nFoster Care
\nHealth Profession Education and Training Assistance
\nIndependent Living Program
\nJob Opportunities for Low Income Individuals (JOLI)
\nLow Income Home Energy Assistance Program (LIHEAP)
\nMedicare
\nMedicaid (except assistance for an emergency medical condition)
\nMental Health Clinical Training Grants
\nNative Hawaiian Loan Program
\nRefugee Cash Assistance
\nRefugee Medical Assistance
\nRefugee Preventive Health Services Program
\nRefugee Social Services Formula Program
\nRefugee Social Services Discretionary Program
\nRefugee Targeted Assistance Formula Program
\nRefugee Targeted Assistance Discretionary Program
\nRefugee Unaccompanied Minors Program
\nRefugee Voluntary Agency Matching Grant Program
\nRepatriation Program
\nResidential Energy Assistance Challenge Option (REACH)
\nSocial Services Block Grant (SSBG)
\nState Child Health Insurance Program (CHIP)
\nTemporary Assistance for Needy Families (TANF)<\/p><\/blockquote>\n

While all of these programs provide “Federal public benefits”
\nthis does not mean that all benefits or services provided under these
\nprograms are “Federal public benefits.” As discussed in sections II
\nand III below, some benefits or services under these programs may not
\nbe provided to an “individual, household, or family eligibility unit”
\nand, therefore, do not constitute “Federal public benefits” as
\ndefined by PRWORA.<\/p>\n

DATES: Effective Date: This notice is effective on August 4, 1998.<\/p>\n

COMMENT PERIOD: Written comments will be considered if we receive them
\nat the appropriate address, as provided in the ADDRESSES section below,
\nno later than 5 p.m. on October 5, 1998.<\/p>\n

ADDRESSES: Mail comments (1 original and 3 copies) to the following
\naddress: Division of Economic Support for Families, Office of the
\nAssistant Secretary for Planning and Evaluation, Department of Health
\nand Human Services, Room 404E, 200 Independence Ave., SW, Washington,
\nDC 20201, Attention: Colleen Curtin Rathgeb.<\/p>\n

FOR FURTHER INFORMATION CONTACT: Colleen Curtin Rathgeb, (202) 401-
\n6639.
\n Copies of comments may be inspected at the above address. Inquiries
\nregarding how a particular program is affected by this notice should be
\nsubmitted to DHHS program staff responsible for managing the program at
\neither the appropriate Regional Office, or Headquarters in Washington,
\nD.C. The above contact should be used only to submit general comments
\nregarding the policy interpretation contained in this notice.<\/p>\n

SUPPLEMENTARY INFORMATION:<\/p>\n

I. Background<\/p>\n

Section 401 of PRWORA provides that an alien who is not a qualified
\nalien, as defined in section 431 of PRWORA, is not eligible, with
\ncertain specified exceptions, for any “Federal public benefit.”
\nPRWORA, as amended by section 501 of the Illegal Immigration Reform and
\nImmigrant Responsibility Act of 1996 (IIRIRA), Pub. L 104-208, and by
\nsections 5302 and 5571 of the Balanced Budget Act of 1997, Pub. L 105-
\n33, defines “qualified alien” as an alien who, at the time the alien
\napplies for, receives or attempts to receive a public benefit, is (1)
\nan alien lawfully admitted for permanent residence under the
\nImmigration and Nationality Act (the “Act”); (2) an alien granted
\nasylum under Section 208 of the Act; (3) a refugee admitted to the
\nUnited States under Section 207 of the Act; (4) an alien paroled into
\nthe United States under Section 212(d)(5) of the Act for a period of at
\nleast one year; (5) an alien whose deportation is being withheld under
\nSection 243(h) of the Act as in effect prior to April 1, 1997, or whose
\nremoval is being withheld under Section 241(b)(3) of the Act; (6) an
\nalien granted conditional entry under Section 203(a)(7) of the Act as
\nin effect prior to April 1, 1980; (7) an alien who is a Cuban Haitian
\nentrant as defined in Section 501(e) of the Refugee Education
\nAssistance Act of 1980; or (8) an alien who (or whose child or parent)
\nhas been battered or subjected to extreme cruelty in the United States
\nand otherwise satisfies the requirements of 8 U.S.C. 1641(c).
\n Section 401(c) of PRWORA defines “Federal public benefit” as:
\n“(A) any grant, contract, loan, professional license or commercial
\nlicense provided by an agency of the United States or by appropriated
\nfunds of the United States; and (B) any retirement, welfare, health,
\ndisability, public or assisted housing, postsecondary education, food
\nassistance, unemployment benefit, or any other similar benefit for
\nwhich payments or assistance are provided to an individual, household,
\nor family eligibility unit by an agency of the United States or by
\nappropriated funds of the United States.” Section 432 of PRWORA as
\namended by section 504 of IIRIRA and section 5572 of the Balanced
\nBudget Act of 1997, further requires that certain providers of
\n“Federal public benefits” verify the citizenship or immigration
\nstatus of an individual applying for a “Federal public benefit” for
\npurposes of establishing eligibility unless the benefit falls within a
\nspecific exemption.<\/p>\n

[[Page 41659]]<\/p>\n

Although section 401(b) of PRWORA identifies specific types of
\nbenefits and services that are explicitly exempted from these new
\nrequirements, PRWORA does not identify the specific benefits that are
\n“Federal public benefits,” and the definition in section 401(c),
\nstanding alone, does not provide sufficient guidance for benefit
\nproviders to make that determination. In order to facilitate compliance
\nwith the verification requirement in Section 432, the Department and
\nother Federal agencies should interpret the term. (See the Department
\nof Justice’s “Proposed Rule on Verification of Eligibility for Public
\nBenefits” published elsewhere in this issue of the Federal Register
\nand “Interim Guidance on Verification of Citizenship, Qualified Alien
\nStatus and Eligibility Under Title IV of the Personal Responsibility
\nand Work Opportunity Reconciliation Act of 1996” 62 FR (November 17,
\n1997) pp. 61344-61416.)<\/p>\n

II. Interpretation<\/p>\n

“Federal public benefits” that fall within Part A of the
\ndefinition (i.e., “any grant, contract, loan, professional license, or
\ncommercial license provided by an agency of the United States or by
\nappropriated funds of the United States”) generally include agreements
\nor arrangements between Federally funded programs and individuals, such
\nas research grants, student loans, or patent licenses. For example, the
\nNative Hawaiian Loan Program and the Repatriation Program are “Federal
\npublic benefits” because, as loan programs, they meet the statutory
\ndefinition’s criteria under Part A. Similarly, the term “grant” in
\nPart A refers to financial awards to individuals; it does not include
\nso-called “block grants” which are provided to states or localities,
\nsince that would give the word an entirely different meaning than the
\nother terms in that Part. (This interpretation follows the traditional
\ncanon of statutory construction, noscitur a sociis, that provides that
\n“words grouped in a list should be given related meaning.” Dole v.
\nUnited Steelworkers of America, 494 U.S. 26, 36 (1989) (citing
\nMassachusetts v. Morash, 490 U.S. 107, 114-15 (1989) (quoting Schreiber
\nv. Burlington, 472 U.S. 1, 8 (1985).)
\n If a benefit does not fall within Part A of the definition, it must
\nbe determined whether the benefit is a “Federal public benefit” under
\nPart B: “any retirement, welfare, health, disability, public or
\nassisted housing, postsecondary education, food assistance,
\nunemployment benefit, or any other similar benefit for which payments
\nor assistance are provided to an individual, household, or family
\neligibility unit by an agency of the United States or by appropriated
\nfunds of the United States.”
\n To qualify as a “Federal public benefit” under Part B, a benefit
\nmust satisfy two conditions. First, the benefit must be one of those
\nenumerated in section 401(c)(1)(B), that is, a “retirement, welfare,
\nhealth, disability, public or assisted housing, postsecondary
\neducation, food assistance, [or] unemployment benefit,” or be a
\n“similar benefit.” Second, a program’s benefits or assistance must be
\nprovided to an “individual, household or family eligibility unit by an
\nagency of the United States or by appropriated funds of the United
\nStates.”
\n Although the litany of categories in 401(c)(1)(B) is broad, it is
\nnot comprehensive and clearly excludes certain categories from the
\ndefinition. For example, by explicitly identifying “postsecondary
\neducation” the statute excludes non-postsecondary education programs,
\nsuch as Head Start and elementary and secondary education.
\n With respect to the second condition, the phrase “individual,
\nhousehold, or family eligibility unit” is particularly ambiguous and
\nrequires clarification. At the outset we interpret the phrase to narrow
\nthe set of benefits that fall within Part B of the definition. This
\npoint is best illustrated by comparing “Federal public benefits” in
\nPRWORA to the term “Federal benefit” in IIRIRA. Section 561 of IIRIRA
\ncontained a provision that increased criminal penalties for forging
\nFederal documents in order to prevent the fraudulent receipt of
\n“Federal benefits.”
\n “Federal benefit” is defined in IIRIRA as: “(A) the issuance of
\nany grant, contract, loan, professional license, or commercial license
\nprovided by an agency of the United States or by appropriated funds of
\nthe United States; and (B) any retirement, welfare, Social Security,
\nhealth (including treatment of an emergency medical condition in
\naccordance with section 1903(v) of the Social Security Act (19 USC
\n1396b(v)), disability, veterans, public housing, education, food
\nstamps, or unemployment benefit, or any similar benefit for which
\npayments or assistance are provided by an agency of the United States
\nor by appropriated funds of the United States.” IIRIRA’s definition of
\n“Federal benefit” is nearly the same as PRWORA’s definition of
\n“Federal public benefit” but with some significant differences.
\nFirst, the definition of “Federal benefit” contained a more
\ncomprehensive list of benefits than that found in PRWORA’s definition
\nof “Federal public benefit.” Second, the “Federal benefit”
\ndefinition did not include the phrase “individual, household, or
\nfamily eligibility unit.” The term “Federal public benefit,”
\ntherefore, should be construed more narrowly than “Federal benefit.”
\nIn addition, the PRWORA Conference Report contains language confirming
\nthe limiting effect of the phrase “individual, household, or family
\neligibility unit.” In describing the application of the “Federal
\npublic benefit” definition to one particular program–Title I, Part A
\nof the Elementary and Secondary Education Act (ESEA)–the conference
\nreport stated that it was “[t]he intent of the conferees” that it
\n“not be affected by section 401 because the benefit is not provided to
\nan individual, household, or family eligibility unit.” [H.R.
\nConference Report No. 104-725 at 380 (1996) (emphasis added)]. Given
\nCongress’ assessment that the benefits conferred under the ESEA are not
\nprovided to “individual, household, or family eligibility units,”
\nESEA benefits are not “federal public benefits.” In sum, these points
\nconfirm that Congress included the phrase “individual, household, or
\nfamily eligibility unit” in the definition in order to limit those
\nbenefits that would not be available to non-qualified aliens.
\n We interpret the phrase “individual, household, or family
\neligibility unit” to refer to benefits that are (1) provided to an
\nindividual, household, or family, and (2) the individual, household, or
\nfamily must, as a condition of receipt, meet specified criteria (e.g.,
\na specified income level or residency) in order to be conferred the
\nbenefit, that is, they must be an “eligibility unit.” Such benefits
\ndo not include benefits that are generally targeted to communities or
\nspecified sectors of the population (e.g., people with particular
\nphysical conditions, such as a disability or disease; gender; general
\nage groups, such as youth or elderly). For example, in order for a
\nprogram to be determined to provide benefits to “eligibility units”
\nthe authorizing statute must be interpreted to mandate ineligibility
\nfor individuals, households, or families that do not meet certain
\ncriteria, such as a specified income level or a specified age.
\n Many HHS programs are targeted to meet the needs of certain
\npopulations such as children or pregnant women. But unless the
\nauthorizing statutes require that the characteristics of these groups
\nform the basis for denial of services or benefits, these are not
\nbenefits that go to “eligibility units.” The authorizing statutes of
\nthese programs identify populations with specific characteristics to
\nclarify the types of services that should be<\/p>\n

[[Page 41660]]<\/p>\n

provided; they do not contemplate that providers use variations in
\nindividual characteristics as a basis for determining eligibility, on a
\ncase by case basis. Therefore a benefit targeted to certain populations
\nbased on their characteristics, such as a benefit provided under the
\nMaternal and Child Health program, which provides health services to
\nwomen and children, is not a “Federal public benefit.”
\n Some programs may provide a mixture of services, some of which are
\nprovided to “individual, household, or family eligibility units,” and
\nothers that are provided to communities or specified sectors of the
\npopulation. Programs that are primarily designed to target and provide
\nservices to communities should not be burdened with new verification
\nprocedures merely because they may include some services that flow more
\ndirectly to the individual, household or family. Therefore, we have
\ndetermined that a preponderance of a program’s services must be
\nprovided to individual, household, or family eligibility units in order
\nto be considered a “Federal public benefit” program under this
\nNotice.<\/p>\n

III. HHS Programs<\/p>\n

After a review of HHS programs, we have determined that the
\nfollowing programs provide “Federal public benefits,” are not
\notherwise excepted from the eligibility restrictions imposed by 401(a)
\nof PRWORA:<\/p>\n

Adoption Assistance
\nAdministration on Developmental Disabilities (ADD)–State
\nDevelopmental
\nDisabilities Councils (direct services only)
\nADD–Special Projects (direct services only)
\nADD–University Affiliated Programs (clinical disability assessment
\nservices only)
\nAdult Programs\/Payments to Territories
\nAgency for Health Care Policy and Research Dissertation Grants
\nChild Care and Development Fund
\nClinical Training Grant for Faculty Development in Alcohol & Drug
\nAbuse
\nFoster Care
\nHealth Profession Education and Training Assistance
\nIndependent Living Program
\nJob Opportunities for Low Income Individuals (JOLI)
\nLow Income Home Energy Assistance Program (LIHEAP)
\nMedicare
\nMedicaid (except assistance for an emergency medical condition)
\nMental Health Clinical Training Grants
\nNative Hawaiian Loan Program
\nRefugee Cash Assistance
\nRefugee Medical Assistance
\nRefugee Preventive Health Services Program
\nRefugee Social Services Formula Program
\nRefugee Social Services Discretionary Program
\nRefugee Targeted Assistance Formula Program
\nRefugee Targeted Assistance Discretionary Program
\nRefugee Unaccompanied Minors Program
\nRefugee Voluntary Agency Matching Grant Program
\nRepatriation Program
\nResidential Energy Assistance Challenge Option (REACH)
\nSocial Services Block Grant (SSBG)
\nState Child Health Insurance Program (CHIP)
\nTemporary Assistance for Needy Families (TANF)<\/p>\n

This does not mean, however, that all benefits or services provided
\nby these programs are “Federal public benefits” and require
\nverification. For example, some states may provide LIHEAP funds for
\nweatherization of multi-unit buildings. These funds would not be
\nconsidered a “Federal public benefit” since the eligibility of
\nindividuals, households, or family units is not considered in
\ndetermining whether such funds will be used to improve the building.
\nOther programs that have been determined to provide “Federal public
\nbenefits” under this Notice should consult their Federal program
\nadministrators if it is believed that some of the program’s services do
\nnot constitute “Federal public benefits.”
\n Although SSBG does not have statutorily mandated eligibility
\ncriteria and therefore would not be included in our definition of
\n“Federal public benefits” as explained in section III above, its
\ninclusion in section 402 as a “federally designated program” for
\nwhich States can determine the eligibility of qualified aliens suggests
\nthat the SSBG program be classified as providing “Federal public
\nbenefits.” Otherwise, we would leave open the possibility of a state
\ndenying qualified aliens SSBG benefits or services while maintaining
\naccess to such benefits or services to non-qualified aliens.
\n Services or benefits that are wholly funded by state or local
\ngovernments may be “state or local public benefit(s)” as defined in
\nsection 411(c) of PRWORA. However, services or benefits that are wholly
\nor partially funded with HHS resources must comply with the
\ninterpretation provided in this Notice.
\n The Department of Justice issued a Notice, dated November 17, 1997,
\nentitled “Interim Guidance on Verification of Citizenship, Qualified
\nAlien Status and Eligibility Under Title IV of the Personal
\nResponsibility and Work Opportunity Reconciliation Act of 1996”, at 62
\nFed Reg 61344 (the “Interim Guidance”) to assist affected providers
\nin performing the verification procedures necessary to determine which
\naliens are “qualified aliens”. Providers are encouraged to review
\nthat guidance in order to understand the several important exemptions
\ndetailed there. These exemptions include those for: nonprofit
\ncharitable organizations; the provision of emergency medical care and
\ncertain other immunizations and treatments; the protection of certain
\nbattered aliens, and the provision of in-kind, community based services
\nthat are not contingent on income or resources and are necessary for
\nthe protection of life and safety. Further information regarding these
\nexemptions is included below (section IV).<\/p>\n

IV. Exemptions<\/p>\n

Congress created specific exemptions to the verification
\nrequirements. Therefore, in addition to the programs identified above,
\nsome HHS programs have eligibility requirements in statute but are
\notherwise specifically exempted under the provisions of section 401(b).
\n Section 401(b)(1)(C), exempts “public health assistance…for
\nimmunizations with respect to immunizable diseases and for testing and
\ntreatment of symptoms of communicable diseases whether or not such
\nsymptoms are caused by a communicable disease.” This exemption,
\ndesigned to protect public health, excludes some HHS programs from the
\ndefinition of “Federal public benefits.”
\n Services or assistance specified by the Attorney General that (i)
\ndeliver in-kind services at the community level; (ii) do not condition
\nthe provision of assistance, the amount of assistance provided, or the
\ncost of assistance provided on the individual recipient’s income or
\nresources; and (iii) are necessary for the protection of life or safety
\nare also exempted. The Attorney General published general guidance on
\nAugust 30th, 1996 regarding which types of services and benefits meet
\nthese criteria at 61 FR 45985. We have reviewed our programs and have
\ndetermined that a number of programs meet this criteria.
\n Section 432(d) of PRWORA (added by Section 508 of IIRIRA) exempts
\nall providers that are nonprofit charitable organizations from these
\nverification rules, even if they provide services or benefits funded by
\nthe HHS programs identified in this notice. Refer to the Department of
\nJustice’s Interim Guidance for more information on the applicability of
\nthese exemptions.<\/p>\n

V. Comment Period and Effective Date<\/p>\n

Although HHS is soliciting public comment on this interpretation,
\nwe believe that it is necessary to apply this interpretation to HHS
\nprograms immediately, prior to receipt and consideration of any
\ncomments.<\/p>\n

[[Page 41661]]<\/p>\n

PRWORA was enacted in August, 1996, and since that time HHS has
\nreceived numerous inquiries regarding the application of the term
\n“Federal public benefit.” Additional delay will cause costly,
\nunnecessary and\/or incorrect administrative actions by agencies or
\nentities that administer our programs. We also believe it is possible
\nthat due to confusion about the application of the term “Federal
\npublic benefit” people may have been denied critical benefits and
\nservices for which, under this interpretation, they are eligible.
\nWithout prompt issuance of this interpretation, state and local
\ngovernments and other public and private benefit providers will remain
\nconfused over how to implement the requirements of Title IV of PRWORA.
\nFinally, some states have indicated their intention to define the term
\n“Federal public benefit” on their own if Federal guidance is not
\nforthcoming soon. Independent interpretations by states will only
\ncompound the confusion on this issue since there is no certainty that
\neach state will arrive at the same definition of the term. In sum,
\nalthough we are providing a 60-day period for public comment, this
\ninterpretation is effective immediately.<\/p>\n

VI. Economic Impact<\/p>\n

The Department has analyzed the costs and benefits of this notice
\nto determine whether it has a substantial economic effect on the
\neconomy as a whole, on states, or on small entities. The purpose of
\nthis analysis was to identify less burdensome or more beneficial
\nalternatives and thereby to influence the requirements imposed by the
\nnotice. This interpretation requires verification only for those
\nactivities within programs that have eligibility units defined by
\nstatutory eligibility criteria. Otherwise, a great deal of needless and
\ncostly verification might have been undertaken.
\n PRWORA creates major economic effects, a large portion of which
\nresults from changes in the law relating to immigrants’ eligibility for
\nFederal benefits. However, these effects are essentially due to other
\nprovisions of PRWORA, such as sections 402, 403 and 421, which alter
\nthe eligibility rules for certain mandatory spending programs and are
\nlargely in effect. This Notice provides clarifying guidance as to which
\nHHS programs are subject to the existing PRWORA requirements regarding
\nimmigrants’ eligibility for “Federal public benefits,” thereby
\navoiding confusion among administering agencies, grantee agencies,
\nbenefit providers, and the public on the question of which programs
\nmust institute new eligibility and verification procedures. Therefore,
\nthe interpretation does not have an economic impact, and it does not
\naffect the overall spending levels for any discretionary-funded HHS
\nprogram. Nor does this interpretation create burdens or mandates on
\nstates or small entities.
\n As a result we have determined that this notice is not economically
\n“significant” under Executive Order 12866’s criterion of an economic
\neffect of more than $100 million. For the same reason, it is not
\nclassified as a “major rule” for purposes of Congressional review
\nunder 5 U.S.C. Sec. 801 et. seq., Subtitle E of the Small Business
\nRegulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121).<\/p>\n

Dated: July 27, 1998.
\nDonna E. Shalala,
\nSecretary.
\n[FR Doc. 98-20491 Filed 8-3-98; 8:45 am]
\nBILLING CODE 4140-04-P<\/p>\n

HERE<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

Guidance on the Interpretation of “Federal Public Benefits” Under the Welfare Reform Law THIS CONTAINS INFORMATION ISSUED BY THE U.S. ADMINISTRATION FOR CHILDREN AND FAMILIES IN LIHEAP INFORMATION MEMORANDUM TRANSMITTAL NO. LIHEAP-IM-98-25, DATED 08\/06\/98 TO: LOW INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP) GRANTEES AND OTHER INTERESTED PARTIES SUBJECT: Guidance on the Interpretation of “Federal Public […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"_links":{"self":[{"href":"https:\/\/www.thedustininmansociety.org\/blog\/wp-json\/wp\/v2\/posts\/2392"}],"collection":[{"href":"https:\/\/www.thedustininmansociety.org\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.thedustininmansociety.org\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.thedustininmansociety.org\/blog\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.thedustininmansociety.org\/blog\/wp-json\/wp\/v2\/comments?post=2392"}],"version-history":[{"count":0,"href":"https:\/\/www.thedustininmansociety.org\/blog\/wp-json\/wp\/v2\/posts\/2392\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.thedustininmansociety.org\/blog\/wp-json\/wp\/v2\/media?parent=2392"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.thedustininmansociety.org\/blog\/wp-json\/wp\/v2\/categories?post=2392"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.thedustininmansociety.org\/blog\/wp-json\/wp\/v2\/tags?post=2392"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}