Civil Rights

SOCIAL SERVICES BLOCK GRANT PROGRAM
U.S. Department of  Health and Human Services
Administration for Children and Families
Office of Community Services
Division of State Assistance
370 L'Enfant Promenade, S.W.
Washington, D.C. 20447

Information Memorandum
Transmittal No. 03 -- Date September 30, 1998

TO:  STATE SOCIAL SERVICES BLOCK GRANT TITLE XX PROGRAM ADMINISTRATORS (SSBG)

SUBJECT: Guidance on the Interpretation of "Federal Public Benefit" Under the Welfare Reform Law

RELATED REFERENCES:  Title XX of the Social Security Act, P.L. 97-35, as amended; the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), Public Law 104-193, signed into law on August 22, 1996; Federal Register notice dated August 26, 1997 (62 FR 45256) providing guidance on the definition of "Federal Means-Tested Public Benefits" under PRWORA for HHS programs; Federal Register notice dated August 4, 1998 (63 FR 41658) providing guidance on the definition of "Federal Public Benefits" under PRWORA for HHS programs; Federal Register notice dated August 4, 1998 (63 FR 41662) from the Department of Justice issuing a "Proposed Rule on Verification of Eligibility for Public Benefits" under PRWORA; and Federal Register notice dated November 17, 1997 (62 FR 61344) from the Department of Justice issuing "Interim Guidance on Verification of Citizenship, Qualified Alien Status and Eligibility Under Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996."

PURPOSE: To advise SSBG grantees about the decision made on the definition of "Federal Public Benefits" for non-qualified aliens under the 1996 welfare reform law for HHS programs.

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

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

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

We are now issuing guidance on the eligibility of non-qualified aliens for "Federal public benefits".

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

The Social Services Block Grant program has been determined to be a Federal public benefit as defined in Title IV of PRWORA and therefore is required to implement the new verification requirements promulgated by the Department of Justice. However, not all services provided under the SSBG program are considered Federal public benefits because some services provided with SSBG funds are not provided to individual, household, or family eligibility units and therefore do not constitute Federal public benefits that are subject to verification requirements. For example, States or localities may use their SSBG resources to fund drug prevention education in schools and since this service is not provided to an individual, household, or family eligibility unit, it would not be considered a Federal public benefit.

In addition, the HHS definition of Federal public benefit does not include programs that are targeted to special sectors of the population (e.g., gender, general age groups - such as youth or elderly, persons with particular physical conditions such as disability or disease, etc.). For example, SSBG services provided to older Americans are not considered Federal public benefits and are not subject to the DOJ verification requirements.

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

EXCEPTIONS TO VERIFICATION REQUIREMENTS

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

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

As mentioned earlier, programs funded in whole or in part by SSBG, aimed at specific populations, with broad based, self-evident characteristics, such as, Older Americans, under the Older Americans Act (which provides services to older individuals) are not included or intended to be included as programs providing "Federal public benefit" to eligibility applicants under this interpretation.

States and localities may use SSBG resources to fund drug prevention education programs and other similar broad institutional-based programs run by schools, municipalities, and community organizations. This is true, as long as the provision of services from such programs are not directed at an individual, household, or family contingent upon meeting specified eligibility criteria. Such provision of services would not be considered a "Federal public benefit."

INQUIRIES: Inquiries may be sent to:

John K. Jolley
U.S. Department of Health and Human Services
Administration for Children and Families
Office of Community Services
370 L'Enfant Promenade, S.W.
Washington, D.C. 20047
Telephone: (202) 401-5284

Margaret Washnitzer, DSW
Director of State Assistance
Office of Community Services