VERIFICATION OF IMMIGRATION STATUS AND ELIGIBILITY FOR FINANCIAL ASSISTANCE.

SEC. 574. VERIFICATION OF IMMIGRATION STATUS AND ELIGIBILITY FOR FINANCIAL ASSISTANCE. Section 214(d) of the Housing and Community Development Act of 1980 (42 U.S.C. 1436a(d)) is amended— (1) in the matter preceding paragraph (1), by inserting “or to be” after “being”; (2) in paragraph (1)(A), by adding at the end the following: “If the declaration states that the individual is not a citizen or national of the United States and that the individual is younger than 62 years of age, the declaration shall be verified by the Immigration and Naturalization Service. If the declaration states that the individual is a citizen or national of the United States, the Secretary of Housing and Urban Development, or the agency administering assistance covered by this section, may request verification of the declaration by requiring presentation of documentation that the Secretary considers appropriate, including a United States passport, resident alien card, alien registration card, social security card, or other documentation.”; (3) in paragraph (2)— (A) in the matter preceding subparagraph (A), by striking “on the date of the enactment of the Housing and Community Development Act of 1987” and inserting “on the date of enactment of the Use of Assisted Housing 110 STAT. 3009–686 by Aliens Act of 1996 or applying for financial assistance on or after that date”; and (B) by adding at the end the following: “In the case of an individual applying for financial assistance on or after the date of enactment of the Use of Assisted Housing by Aliens Act of 1996, the Secretary may not provide any such assistance for the benefit of that individual before documentation is presented and verified under paragraph (3) or (4).”; (4) in paragraph (4)— (A) in the matter preceding subparagraph (A), by striking “on the date of the enactment of the Housing and Community Development Act of 1987” and inserting “on the date of enactment of the Use of Assisted Housing by Aliens Act of 1996 or applying for financial assistance on or after that date”; (B) in subparagraph (A)— (i) in clause (i)— (I) by inserting “, not to exceed 30 days,” after “reasonable opportunity”; and (II) by striking “and” at the end; and (ii) by striking clause (ii) and inserting the following: “(ii) in the case of any individual receiving assistance on the date of enactment of the Use of Assisted Housing by Aliens Act of 1996, may not delay, deny, reduce, or terminate the eligibility of that individual for financial assistance on the basis of the immigration status of that individual until the expiration of that 30-day period; and “(iii) in the case of any individual applying for financial assistance on or after the date of enactment of the Use of Assisted Housing by Aliens Act of 1996, may not deny the application for such assistance on the basis of the immigration status of that individual until the expiration of that 30-day period; and”; and (C) in subparagraph (B), by striking clause (ii) and inserting the following: “(ii) pending such verification or appeal, the Secretary may not— “(I) in the case of any individual receiving assistance on the date of enactment of the Use of Assisted Housing by Aliens Act of 1996, delay, deny, reduce, or terminate the eligibility of that individual for financial assistance on the basis of the immigration status of that individual; and “(II) in the case of any individual applying for financial assistance on or after the date of enactment of the Use of Assisted Housing by Aliens Act of 1996, deny the application for such assistance on the basis of the immigration status of that individual; and”; (5) in paragraph (5), by striking “status—” and all that follows through the end of the paragraph and inserting the following: “status, the Secretary shall— “(A) deny the application of that individual for financial assistance or terminate the eligibility of that individual for financial assistance, as applicable; 110 STAT. 3009–687 “(B) provide that the individual may request a fair hearing during the 30-day period beginning upon receipt of the notice under subparagraph (C); and “(C) provide to the individual written notice of the determination under this paragraph, the right to a fair hearing process, and the time limitation for requesting a hearing under subparagraph (C).”; and (6) by striking paragraph (6) and inserting the following: “(6) The Secretary shall terminate the eligibility for financial assistance of an individual and the members of the household of the individual, for a period of not less than 24 months, upon determining that such individual has knowingly permitted another individual who is not eligible for such assistance to reside in the public or assisted housing unit of the individual. This provision shall not apply to a family if the ineligibility of the ineligible individual at issue was considered in calculating any proration of assistance provided for the family.”.