MODIFICATION OF RESTRICTION ON USE OF ASSISTED HOUSING BY ALIENS.

SEC. 164. MODIFICATION OF RESTRICTION ON USE OF ASSISTED HOUSING BY ALIENS. (a) Aliens Admitted for Lawful Residence.— Section 214(a) of the Housing and Community Development Act of 1980 is amended— (1) by striking “or” at the end of paragraph (4); (2) by striking the period at the end of paragraph (5) and inserting “; or”; and (3) by adding at the end the following new paragraph: “(6) an alien lawfully admitted for temporary or permanent residence under section 245A of the Immigration and Nationality Act.”. (b) Preservation of Families.— Section 214 of the Housing and Community Development Act of 1980 is amended by inserting after subsection (b) the following new subsection: “(c) (1) If, following completion of the applicable hearing process, financial assistance for any individual receiving such assistance on the date of the enactment of the Housing and Community Development Act of 1987 is to be terminated, the public housing agency or other local governmental entity involved (in the case of public housing or assistance under section 8 of the United States Housing Act of 1937) or the Secretary of Housing and Urban Development (in the case of any other financial assistance) may, in its discretion, take one of the following actions: “(A) Permit the continued provision of financial assistance, if necessary to avoid the division of a family in which the head of household 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 subsection (a). 101 STAT. 1861For 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. “(B) Defer the termination of financial assistance, if necessary to permit the orderly transition of the individual and any family members involved to other affordable housing. Any deferral under this subparagraph shall be for a 6-month period and may be renewed by the public housing agency or other entity involved for an aggregate period of 3 years. At the beginning 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 affordable housing. “(2) Notwithstanding any other provision of law, the Secretary of Housing and Urban Development may not make financial 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 abandoning; “(ii) is a bona fide student qualified to pursue a full course of study; and “(iii) is admitted to the United States temporarily and solely for purposes of pursuing such a course of study at an established institution of learning or other recognized place of study in the United States, particularly 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 Attorney General the termination of attendance 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 accompanying such alien or following to join such alien.”. (c) Verification Procedures.— Section 214(d) of the Housing and Community Development Act of 1980 (as added by section 121(a)(2) of the Immigration Reform and Control Act of 1986 (Public Law 99–603)) is amended— (1) in paragraph (2), by inserting after “States” the following: “, is not 62 years of age or older, and is receiving financial assistance on the date of the enactment of the Housing and Community Development Act of 1987”; (2) in paragraph (4), in the matter before subparagraph (A)— (A) by inserting after “States” the following: is not 62 years of age or older, and is receiving financial assistance on the date of the enactment of the Housing and Community Development Act of 1987”; and (B) by inserting “or recertification” after “application”; (3) in paragraph (4)(A)(i), by inserting after the comma the following: “or to appeal to the Immigration and Naturalization Service the verification determination of the Immigration and Naturalization Service under paragraph (3),”; (4) in paragraph (4)(B), by striking the matter before clause (i) and inserting the following: 101 STAT. 1862 “(B) if any documents or additional information are submitted as evidence under subparagraph (A), or if appeal is made to the Immigration and Naturalization Service with respect to the verification determination of the Service under paragraph (3)— (5) in paragraph (4)(B)(i), by inserting “or additional information” after “documents”; (6) in paragraph (4)(B)(ii), by inserting “or appeal” after “verification”; (7) by inserting after paragraph (5) the following new paragraph: “(6) For purposes of paragraph (5)(B), the applicable fair hearing process made available with respect to any individual shall include not less than the following procedural protections: “(A) The Secretary shall provide the individual with written notice of the determination described in paragraph (5) and of the opportunity for a hearing with respect to the determination. “(B) Upon timely request by the individual, the Secretary shall provide a hearing before an impartial hearing officer designated by the Secretary, at which hearing the individual may produce evidence of a satisfactory immigration status. “(C) The Secretary shall notify the individual in writing of the decision of the hearing officer on the appeal of the determination in a timely manner. “(D) Financial assistance may not be denied or terminated until the completion of the hearing process.”; and (8) by striking the last sentence and inserting the following: “For purposes of this subsection, the term ‘Secretary’ means the Secretary of Housing and Urban Development, a public housing agency, or another entity that determines the eligibility of an individual for financial assistance.”. (d) Enforcement Procedures.— Section 214(e) of the Housing and Community Development Act of 1980 (as added by section 121(a)(2) of the Immigration Reform and Control Act of 1986 (Public Law 99–603)) is amended— (1) in the matter before paragraph (1), by inserting “of Housing and Urban Development” after “Secretary”; (2) in paragraph (2), by inserting after “(d)(4)(A)(ii)” the following: “(or under any alternative system for verifying immigration status with the Immigration and Naturalization Service authorized in the Immigration Reform and Control Act of 1986 (Public Law 99–603))”; (3) in paragraph (3), by inserting after “(d)(4)(B)(ii)” the following: “(or under any alternative system for verifying immigration status with the Immigration and Naturalization Service authorized in the Immigration Reform and Control Act of 1986 (Public Law 99–603))”; and (4) in paragraph (4), by inserting after “(d)(5)(B)” the following: “(or provided for under any alternative system for verifying immigration status with the Immigration and Naturalization Service authorized in the Immigration Reform and Control Act of 1986 (Public Law 99–603))”. (e) Verification System.— Section 214 of the Housing and Community Development Act of 1980 (as amended by section 121(a)(2) of the Immigration Reform and Control Act of 1986 (Public 101 STAT. 1863Law 99–603)) is amended by adding at the end the following new subsection: “(f) (1) Notwithstanding any other provision of law, no agency or state and local official of a State or local government shall have any liability for the governments, design or implementation of the Federal verification system described in subsection (d) if the implementation by the State or local agency or official is in accordance with Federal rules and regulations. “(2) The verification system of the Department of Housing and Urban Development shall not supersede or affect any consent agreement entered into or court decree or court order entered prior to the date of the enactment of the Housing and Community Development Act of 1987.”. (f) Reimbursement for Costs of Implementation.— (1) Section 214 of the Housing and Community Development Act of 1980 (as amended by subsection (e) of this section) is further amended by adding at the end the following new subsection: “(g) The Secretary of Housing and Urban Development is authorized to pay to each public housing agency or other entity an amount equal to 100 percent of the costs incurred by the public housing agency or other entity in implementing and operating an immigration status verification system under subsection (d) (or under any alternative system for verifying immigration status with the Immigration and Naturalization Service authorized in the Immigration Reform and Control Act of 1986 (Public Law 99–603)).”. (2) The United States Housing Act of 1937 (as amended by section 121(b)(6) of the Immigration Reform and Control Act of 1986 (Public Law 99–603)) is amended by striking section 20. (g) Transitional Certification and Documentation Provisions.— In carrying out section 214 of the Housing and Community Development Act of 1980 during fiscal year 1988, the Secretary of Housing and Urban Development shall require, as a condition 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 national 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 receiving financial assistance on the date of the enactment of the Housing and Community Development Act of 1987”; or (B) provide such documentation regarding the immigration status of such individual as the Secretary may require by regulation. (h) Effective Dates.— (1) The provisions of, and amendments made by, subsections (a), (b), (e), (f), and (g) shall take effect on the date of the enactment of this Act. (2) The amendments made by subsections (c) and (d) shall take effect on October 1, 1988.