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HomeMy WebLinkAboutM-97-0342CITY OF MIAMI, FLORIDA 2 INTER -OFFICE MEMORANDUM TO : Honorable Mayor and DATE : May 5, 1997 S,LE Members of the City Commission v� < SUBJECT: personal Appearance z (May 22, 1997 meeting) cn FROM : � REFERENCES N � May40�waslado ENCLOSURES: Tt N n :'t I request that representatives from the State of Florida - Department of Children and Families be allowed to make a personal appearance at the City Commission meeting on May 22, 1997. These representatives will discuss the impact of welfare reform on the residents of the City of Miami. 97- 342 National Welfare Reform (PL-104-193) Impact on Non -Citizens Oal DA DEPARTMENT OF CHILDREN & FAMILIES "Committed to Excellence" District XJ C1 PL 104-193 Impact on Non -Citizens or most programs, legal non -citizens who re receiving benefits will have a transition eriod of continued benefits. tates will have the option to continue ligibility for non -citizens under temporary ash assistance, services under Title XX and Medicaid. PL 104-193 ■Generally, legal immigrants, current recipients as well as new applicants, will be ineligible for food stamp and SSI benefits. PL 104-193 Impact on Non -Citizens 4 ■ Legal non -citizens who enter the country after enactment are ineligible for any federally funded benefit for 5 years. ■ There is an exception for Refugees, Asylees, individuals with deportation withheld under section 243h for the first 5 years in the U.S., veterans and lawful permanent residents with 40 quarters(I 0 years) of work covered by Social Security. PL 104-193 Impact on Non -Citizens e Other immigrants and non - immigrants are ineligible for all federal benefits except for: ■ emergency medical care, ■ disaster relief, ■ communicable disease testing and treatment, and ■ a few other programs. Total Food Stamp Recipients Dade County Other 18.42% (2,801) ast of Count 81.66% (67,683) FLORIDA DEPARTMENT OF CHILDREN & FAMILIES "Committed to Excellence" District Xl FMiami A g e 0 - 6 5 25.80% ( 3 , 2 0 0 ) A g e 6 6 - 7 4 33.51% (4 , 1 5 6 ) Eligible If ® Naturalized Citizen m 40 Quarter Hours ® Other Exemption ntl. 'f r,;*°`+���'� ■ Same Medical Diagnoses afforded to those 0 - 65 years old FLORIDA DEPARTMENT OF CHILDREN & FAMILIES "Committed to Eicellence" District ?Ll Food Stamp Assistance Groups by Neighborhood Enhancement Team (NET) Area in the City of Miami 0 1000 2000 3000 4000 5000 6000 7000 © FS/SSI Non -Citizens ® Food Stamps (Other) ildren and Families District 11 :search Planning "Committed to Excellence 110 Food ZipCede 4 4 zrFFxt Tzf � 4 W E ntMM r is �F. hT � f✓�yys n lttY�Gty Q.1, 45 1 7 - f ��s �7,. 52- 94 - 175. 288 —- 438. 1 C k-GES Work And Gain Economic Self -Sufficiency zi v 8 ORIDA DEPARTMENT OF CHILDREN & FAMILIES "Committed to Excellence" District X1 WAGES Key Features MMEMEMENIM ■ Requires Work ■ Sets Time Limits ■ Supports Child Care ■ Requires Child Support ■ Strengthens Teen Pregnancy Prevention and Teen Parent Requirements WAGES Key Provisions MMEMEMENIN �s Improves Transition and Support Services ■ Sets Education and Training Requirements ■ Tied to Economic and Workforce Development Initiatives ■ Phases in Implementation with Business Oriented Oversight Up l� Total Recipients 103,478 stance for .ecipients e County 0011M City of Miami 27% (27, 806) FLORIDA DEPARTMENT OF 3CHILDREN & FAMILIES "Committed to Excellence" District XI Monthly TANIFAllocations (Temporary Assistance for Needy Families) 1) Monthly TANF Allocation per block group Nona or not reportable ^� $1-,$5,000 tl $s,001-$9,816 $9,817- $20,000 $20,001 - 40,000 i $40,000 + 7ANFMt�Nh11RtE4 i 7ofdNrhua�e GTaprrbeut�ddW J47M { rcrkf.f&drhr t elf" eY heocvd�drJT,faI199.71!{I f ppmw rat°i�i Twa!Adclt a.t .w.r71tac Ii wrt:«Mvr. n�, iLtsa Tome TAN,. r, A.fbl ldlmmlhfy Bide blad'rw�l�arnsdufAerl b0* Mudd an FiNk drat lmmr OCF Mohr ti ' RCan sua black group © County boundary t.;.•, Municipal boundary © Exproaaway yy rs�l_;PLIQ .� M-4 r � p R�S`!tinu,• cx� "MI VP sr 1 Dade d The Life Zone Project 97- 342 Comparison of TANF and Food Stamp Assistance Groups by Neighborhood Enhancement Team (NET) Area in the City of Miami Little Haiti Upper East Model City Allapattah Wynwood Side Edgewater of Children and Families District 11 of Research Planning Food Stamps TANF Flagami Coral Way East Little West Little Overtown Downtown North/East 1 South/West Havana Havana Coconut Coconut Grove Grove "Committed to Excellence" 162 (B) Subparagraphs (B) and (C) of section 454(9) (42 U.S.C. 654(9)). (C) Section 456(a)(3)'(42 U.S.C. 656(a)(3)), (D) Subsections (a)(3)(A), (a)(6), (a)(8)(B)(i), (b)(3)(r1), and (b)(3)(B) of section 466 (42 U.S.C. 666). (E) Paragraphs (2) and (4) of section 469(b) (42 U.S.C. 669(b)), r,E IV —RESTRICTING WELFARE AND PUBLIC BENEFITS FOR ALIENS f00. STATEMENTS OF NATIONAL POLICY CONCERNING WELFARE AND IMMIGRATION. lie Congress makes the following statements concerning na- policy wit/i respect to welfare and immigration: (1) Self sufficiency has been a basic principle of United hates immigration law since this country's earliest imniigra- ion statutes. (2) It continues to be the immigration policy of the United hates that. (A) aliens within the Nation's borders not depend on public resources to meet their needs, but rather rely on their own capabilities and the resources of their families, their sponsors, and private organizations, and (B) the availability of public benefits not constitute an incentive for immigration to the United States, (3) Despite the principle of self-sufficiency, aliens have been applying for and receiving public benefits from Federal, State, and local governments at increasing rates, (4) Current eligibility rules for public assistance and «nevi• Forceable financial support agreements have proved wholly in- -apable of assuring that individual aliens not burden the public 5enefits system. (5) It is a compelling government interest to enact new rules or eligibility and sponsorship agreements in order to assure 'hat aliens be self-reliant in accordance with national immigra- 'ion policy. (6) It is a compelling government interest to remove the in- :entiue for illegal immigration provided by the availability of )ublic benefits. (7) With respect to the State authority to make determina- ions concerning the eligibility of qualified aliens for public ben - fits in this title, a State that chooses to follow the Federal clas- ification in determining the eligibility of such aliens for public ssistance shall be considered to have chosen the least restric- 'ue means available for achieving the compelling governmental -iterest of assuring that aliens be self-reliant in accordance iith national immigration policy. 163 Subtitle A Eligibility for Federal Benefits SEC. 401. ALIENS WHO ARE NOT QUALIFIED ALIENS INELIGIBLE FOR FEDERAL PUBLIC BENEFITS. (a) IN GENERAL. —Notwithstanding any other provision of law and except as provided in subsection (b), an alien who is not a qualified alien (as defined in section 431) is not eligible for any Fed- eral public benefit (as defined in subsection (c)), (b) ExCEPTIONS.— (1) Subsection (a) shall not apply with respect to the follow- ing Federal] public benefits: (A) Medical assistance under title XIX of the Social Se- curity Act (or any successor program to such title) for care and services that are necessary for the treatment of an emergency medical condition (as defined in section 1903(u)(3) of such Act) of the alien involved and are not re- lated to an organ transplant procedure, if the alien in- uolved otherwise meets the eligibility requirements for med- ical assistance under the State plan approved under such title (other than the requirement of the receipt of aid or as- sistance under title IV of such Act, supplemental security income benefits under title XVI of such Act, or a State sup- plementary payment). (B) Short-term, non -cash, in -kind emergency disaster relief. (C) Public health assistance (not including any assist- ance under title XIX of the Social Security Act) for immuni- zations with, respect to immunizable diseases and for test- ing and treatment of symptoms of communicable diseases whether or not such symptoms are caused by a commu- nicable disease. (D) Programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter) specified by the Attorney General, in the Attorney General's sole and unreviewable discretion after consulta- tion with. appropriate Federal agencies and departments, which (i) deliver in -kind services at the community level, including through public or private nonprofit agencies; (ii) do noq condition the provision of assistance, the amount of assistance rovided, or the cost of assistance provided on the individual recipient's income or resources; and (iii) are necessary for the protection of life or safety. (E) Programs for housing or community development assistance or financial assistance administered by the Sec- retary of Housing and Urban Development, any program under title V of the Housing Act of 1949, or any assistance under section 306C of the Consolidated Farm and Rural Development Act, to the extent that the alien is receiving such a benefit on the date of the enactment of this Act. (2) Subsection (a) shall not apply to any benefit payable under title II of the Social Security Act to an alien who is law- fully present in the United States as determined by the Attorney General, to any benefit if nonpayment of such benefit would contravene an international agreement described in section 233 97-- 164 iocial Security Act, to any benefit if nonpayment would nary to section 202(t) of the Social Security Act, or to any payable under title II of the Social Security Act to which zent is based on an application filed in or before the in which this Act becomes law. ERAL PUBLIC BENEFIT DEFINED. — Except as provided in paragraph (2), for purposes of !e the term "Federal public benefit" means — (A) any grant, contract, loan, professional license, or nmercial license provided by an agency of the United ites or by appropriated funds of the United States; and (B) any retirement, welfare, health, disability, public or listed housing, postsecondary education, food assistance, employment benefit, or any other similar benefit for rich payments or assistance are prouided to an indiuid- 1, household, or family eligibility unit by an agency of e United States or by appropriated funds of the United Such term shall not apply — (A) to any contract, professional license, or commercial sense for a nonimmigrant whose visa for entry is related such employment in the United States; or (B) with respect to benefits for an alien who as a work cthorized nonimmigrant or as an alien lawfully admitted r permanent residence under the Immigration and Na- rnality Act qualified for such benefits and for whom the 'nfed States under reciprocal treaty agreements is re - .tired to pay benefits, as determined by the Attorney Gen - al, after consultation with the Secretary of State. ArAHTED ELIGIBILITY OF (QUALIFIED ALIENS FOR CERTAIN FEDERAL PROGRAAfS. 741TED ELIGIBILITY FOR SPECIFIED FEDERAL PROGRAMS.— ) IN GENERAL. —Notwithstanding any other provision of nd except as provided in paragraph (2), an alien who is lifted alien (as defined in section 431) is not eligible for Jecified Federal program (as defined in paragraph (3)). ') EXCEPTIONS. — (A) TIME -LIMITED EXCEPTION FOR REFUGEES AND SYLEES.—Paragraph (1) shall not apply to an alien until years after the date— (i) an alien is admitted to the United States as a refugee under section 207 of the Immigration and Na- tionality Act; (ii) an alien is granted asylum under section 208 of such Act; or (iii) an alien's deportation is withheld under sec- tion 243(h) of such Act. (B) CERTAIN PERMANENT RESIDENT ALIENS. —Para. raph (1) shall not apply to an alien who— (i) is lawfully admitted to the United States for permanent residence under the Immigration and Na. tionality Act; and (ii)(I) has worked 40 qualifying quarters of cov- erage as defined under title II of the Social Security 165 Act or can be credited with such qualifying quarters as provided under section 435, and (11) in the case of any such qualifying quarter creditable for any period begin- ning after December 31, 1996, did not receive any Fed- eral means -tested public benefit (as provided under sec- tion 403) during any such period. (C) VETERAN AND ACTIVE DUTY EXCEPTION. —Para- graph (1) shall not apply to an alien who is lawfully resid- ing in any State and is— (i) a veteran (as defined in section 101 of title 38, United States Code) with a discharge characterized as an honorable discharge and not on account of alienage, (ii) on active duty (other than active duty for train- ing) in the Armed Forces of the United States, or (iii) the spouse or unmarried dependent child of an individual described in clause (i) or (ii). (D) TRANSITION FOR ALIENS CURRENTLY RECEIVING BENEF TS.— (i) SSI. — (1) IN GENERAL. —With respect to the specified Federal program described in paragraph (3)(A), during the period beginning on the date of the en- actment of this Act and ending on the date which is 1 year after such date of enactment, the Com- missioner of Social Security shall redetermine the eligibility of any individual who is receiving bene- fits under such program as of the date of the enact- ment of this Act and whose eligibility for such ben- efits may terminate by reason of the prouisions of this subsection. (11) REDETERMINATION CRITERIA.— With re- spect to any redetermination under subclause (I), the Commissioner of Social Security shall apply the eligibility criteria for new applicants for bene- fits under such program. (111) GRANDFATHER PRovisloN.—The provi- sions of this subsection and the redetermination under subclause (I), shall only apply with respect to the benefits of an individual described in sub - clause (1) for months beginning on or after the date of the redetermination with respect to such individ- ual. (IV) NOTICE. —Not later than March 31, 1997, the Commissioner of Social Security shall notify an individual described in subclause (1) of the pro- visions of this clause. (ii) FOOD STAMPS. — (I) IN GENERAL. —With respect to the specified Federal program described in paragraph (3)(B), during the period beginning on the date of enact- ment of this Act and ending on the date which is 1 year after the date of enactment, the State agency shall, at the time of the recertification, recertify the eligibility of any individual who is receiving bene- 97- 34 166 fits under such program as of the date of enact. tent of this Acl and whose eligibility for such ben- efits may terminate by reason of the provisions of this subsection. (II) RECERTIFICATION CRITERIA. —With respect to any recertification under subclause (I), the State agency shall apply the eligibility criteria for appli- cants for benefits under such program. (III) GRrWDFATHER PROVISION. —The provi. sions of this subsection and the recertification under subclause �1) shall only apply with respect to the eligibility of an alien for a program for months beginning on or after the date of recertification, if on the date of enactment of this Act the alien is lawfully residing in any State and is receiving benefits under such program on such date of enact- ment. SPECIFIED FEDERAL PROGRAM DEFINED. —For purposes tle, the term "specified Federal program" means any of .ving. (A) SSI.—The supplemental security income program er title XVI of the Social Security Act, including supple- tary payments pursuant to an agreement for Federal iinistration under section 1616(a) of the Social Security and payments pursuant to an agreement entered into 'er section 212(b) of Public Law 93-66. (B) FOOD STAMPS. —The food stamp program as de- d in section 3(h) of the Food Stamp Act of 1977. 'ITED ELIGIBILITY FOR DESIGNATED FEDERAL PRO - IN GENERAL. —Notwithstanding any other provision of ' except as provided in section 403 and paragraph (2), �s authorized to determine the eligibility of an alien who alified alien (as defined in section 431) for any des - Federal program (as defined in Paragraph (3)). EXCEPTIONS. —Qualified aliens under this paragraph eligible for any designated Federal program. (A) TIME -LIMITED EXCEPTION FOR REFUGEES AND LEES. — (i) An alien who is admitted to the United Slates as a refugee under section 207 of the Immigration and Nationality Act until 5 years after the date of an alien's entry into the United States. (it) An alien who is granted asylum under section 208 of such Act until 5 years after the date of such grant of asylum. (iii) An alien whose deportation is being withheld under section 243(h) of such Act until 5 years after such withholding. (B) CERTAIN PEILbLANENT RESIDENT ALIENS, An alien (i) is lawfully admitted to the United States for permanent residence under the Immigration and Na- tionality Act; and 167 (ii)(I) has worked 40 qualifying quarters of cov- erage as defined under title II of the Social Security Act or can be credited with such qualifying quarters as provided under section 435, and (II) in the case of any such qualifying quarter creditable for any period begin- ning after December 31, 1996, did not receive any Fed- eral means -tested public benefit (as provided under sec- tion 403) during any such period. (C) VETERAN AND ACTIVE DUTY EXCEPTION. —An alien who is lawfully residing in any State and is— (i) a veteran (as defined in section 101 of title 38, United States Code) with a discharge characterized as an honorable discharge and not on account of alienage, (it) on active duty (other than active duty for train- ing) in the Armed Forces of the United States, or (iii) the spouse or unmarried dependent child of an ingiuidual described in clause (i) or (ii). (D) TRANSITION FOR THOSE CURRENTLY RECEIVING BENEFITS. —An alien who on the date of the enactment of this Act is lawfully residing in any State and is receiving benefits under such program on the date of the enactment of this Act shall continue to be eligible to receive such bene- fits until January 1, 1997. (3) DESIGNATED FEDERAL PROGRAM DEFINED. -For purposes of this title, the term "designated Federal program" means any of the following: (A) TEMPORARY ASSISTANCE FOR NEEDY FAMILIES. —The program of block grants to States for temporary assistance for needy families under part A of title IV of the Social Se- curity Act. (B) SOCIAL SERVICES BLOCK GRANT. —The program of block grants to States for social services under title XX of the Social Security Act. (C) MEDICAID. —A State plan approved under title XLX of the Social Security Act, other than medical assistance described in section 401(b)(1)(A) ^ (ei77e�trrerl a S 3&wre) SEC. 403. FIVE-YEAR LIMITED ELIGIBILITY OF QUALIFIED ALIENS FOR FEDERAL MEANS -TESTED PUBLIC BENEFIT. (a) IN GENERAL. —Notwithstanding any other provision of law and except as provided in subsections (b), (c), and (d), an alien who is a qualified alien (as defined in section 431) and who enters the United States on or after the date of the enactment of this Act is not eligible for any Federal means -tested public benefit for a period of five years beginning on the date of the alien's entry into the Unit- ed States with a status within the meaning of the term "qualified alien". (b) EXCEPTIONS. —The limitation under subsection (a) shall not apply to the following aliens: (1) EXCEPTION FOR REFUGEES AND ASYLEES,— (A) An alien who is admitted to the United States as a refugee under section 207 of the Immigration and Nation- ality Act. (B) An alien who is granted asylum under section 208 of such Act. 97- 342 168 (C) An alien whose deportation is being withheld under xtion 243(h) of such Act. ?) VETERAN AND ACTIVE DUTY EXCEPTION. An alien who ifully residing in any State and is-- _ (A) a veteran (as defined in section 101 of title 38, united States Code) with a discharge characterized as an onorable discharge and not on account of alienage, (B) on active duty (other than active duty for training) i the Armed Forces of the United States, or (C) the spouse or unmarried dependent child of an in- iuidual described in subparagraph (A) or (B), PPLICATION OF TERM FEDERAL AfEANS-TESTED PUBLIC 9 The limitation under subsection (a) shall not apply to ance or benefits under paragraph (2). ?) Assistance and benefits under this paragraph are as fol. (A) Medical assistance described in section 01(b)(1)(A). (B) Short-term, non -cash, in -kind emergency disaster ?lief (C) Assistance or benefits under the National School unch Act. (D) Assistance or benefits under the Child Nutrition ct of 1966. (E) Public health assistance (not including any assist. nce under title XIX of the Social Security Act) for immuni- :ttions with respect to immunizable diseases and for test. :gg and treatment of symptoms of communicable diseases Ihether or not such symptoms are caused by a commu- icable disease. (F) Payments for foster care and adoption assistance rider parts B and E of title IV of the Social Security Act )r a parent or a child who would, in the absence of sub- ?ction (a), be eligible to have such payments made on the Wd's behalf under such part, but only if the foster or doptiue parent (or parents) of such child is a qualified lien (as defined in section 431). (G) Programs, services, or assistance (such as soup itchens, crisis counseling and intervention, and short-term ' elter) specified by the Attorney General, in the Attorney 7eneral's sole and unreuiewable discretion after consulta- on with appropriate Federal agencies and departments, ,hich (i) deliver in -kind services at the community level, icluding through public or private nonprofit agencies; (ii) o not condition the provision of assistance, the amount of ssistance provided, or the cost of assistance provided on ie individual recipient's income or resources; and (iii) are ecessary for the protection of life or safety. (H) Programs of student assistance under titles IV, V, If, and X of the Higher Education Act of 1965, and titles 7, VII, and VIII of the Public Health Service Act. (I) Means -tested programs under the Elementary and econdary Education Act of 1965. 169 (J) Benefits under the Head Start Act. (K) Benefits under the Job Training Partnership Act. (d) SPECIAL RULE FOR REFUGEE AND ENTRANT ASSISTANCE FOR CUBAN AND HAITIAN ENTRANTS. —The limitation• under subsection (a) shall not apply to refugee and entrant assistance activities, au- thorized by title ly of the Immigration and Nationality Act and sec- tion 501 of the -Refugee Education Assistance Act of 1980, for Cuban and Haitian entrants as defined in section 501(e)(2) of the Refugee Education Assistance Act of 1980. SEC. 404. NOTIFICATION AND INFORMATION REPORTING. (a) NOTIFICATION. —Each Federal agency that administers a program to which section 401, 402, or 403 applies shall, directly or through the States, post information and provide general notifica- tion to the public and to program recipients of the changes regard- ing eligibility for any such program pursuant to this subtitle. (b) INFORMATION REPORTING NDER TITLE IV OF THE SOCIAL SECURITY ACT. —Part A of title IV of the Social Security Act is amended by inserting the following new section after section 411: "SEC. 411A- STATE, REQ UIRED TO PROVIDE CERTAIN INFORMATION. "Each State to which a grant is made under section 403 shall, at least 4 times annually and upon request of the Immigration and Naturalization Service, furnish the Immigration and Naturalization Service with the name and address of, and other identifying infor- mation on, and{ individual who the State knows is unlawfully in the United States. , (c) SSI.---Section 1631(e) of such Act (42 U.S.C. 1383(e)) is amended— (1) by redesignating the paragraphs (6) and (7) inserted by sections 206(d)(2) and 206(19(1) of the Social Security Independ- ence and Programs Improvement Act of 1994 (Public Law 103- 296; 108 Stat. 1514, 1515) as paragraphs (7) and (8), respec- tiuely; and (2) by adding at the end the following new paragraph: "(9) Notwithstanding any other provision of law, the Commis- sioner shall, at least 4 times annually and upon request of the Im- migration and Naturalization Service (hereafter in this paragraph referred to as the 'Service'), furnish the Service with the name and address of, and other identifying information on, any individual who the Commissioner knows is unlawfully in the United States, and shall ensure that each agreement entered into under section 1616(a) with a State provides that the State shall furnish such in- formation at such times with respect to any individual who the State knows is unlawfully in the United States.". (d) INFORMATION REPORTING FOR HOUSING PROGRAMS. —Title I of the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.) is amended by adding at the end the following new section: "SEC. 27. PROVISION OF INFORMATION TO LAW ENFORCEMENT AND OTHER AGENCIES. "Notwithstanding any other provision of law, the Secretary shall, at least 4 times annually and upon request of the Immigra- tion and Naturalization Service (hereafter in this section referred to as the 'Service), furnish the Service with the name and address of, and other identifying information on, any individual who the Sec- 170 ufully 'n the United States, and shall ensure assistance entered into under section 6 or 8 cblic housing agency provides that the public furnish such information at such times with tual who the public housing' agency knows is led States.". :legibility for State and Local :ic Benefits Programs NO AItE NOT QUALIFIED ALIENS OR NON- VTS JNF,LIGIBLE FOR STATE AND LOCAL PUBLIC '—Notwithstanding any other provision of law led in subsections (b) and (d), an alien who is ed alien (as defined in section 431), migrant under the Immigration and National- L who is paroled into the United States under of such Act for less than one year, ny State or local public benefit (as defined in ,—Subsection (a) shall not apply with respect to it local public benefits: ice for health care items and services that are e treatment of an emergency medical condition section 1903(v)(3) of the Social Security Act) of ed and are not related to an organ transplant rm, non -cash, in -kind emergency disaster relief ealth assistance for irnncunizalions with respect diseases and for testing and treatment of symp- =iicable diseases whether or not such symptoms communicable disease, s, services, or assistance (such as soup kitchens, and intervention, and short-term shelter) spec- rney General, in the Attorney General's sole and -iscretion after consultation with appropriate s and departments, which (A) deliver in -kind community level, including through public or -t agencies; (B) do not condition the provision of Lmount of assistance provided, or the cost of as- ;d on the individual recipient's income or re - are necessary for the protection of life or safety. 'CAL PUBLIC BENEFIT DEFINED.— �s provided in paragraphs (2) and (3), for pur- ,tbtitle the term "State or local public benefit" grant, contract, loan, professional license, or license provided by an agency of a State or iment or by appropriated funds of a State or -meet; and 171 (B) any retirement, welfare, health, disability, public or assisted housing, postsecondary education, food assistance, unemployment benefit, or any other similar benefit for which payments or assistance are provided to an individ- ual, household, or family eligibility unit by an agency of a State or local government or by appropriated funds of a State or local government. (2) Such term shall not apply — (A) to any contract, professional license, or commercial license for a nonimmigrant whose visa for entry is related to such employment in the United States; or (B) with respect to benefits for an alien who as a work authorized nonimmigrant or as an alien lawfully admitted for permanent residence under the Immigration and Na- tionality Act qualified for such benefits and for whom the United States under reciprocal treaty agreements is re- quired to pay benefits, as determined by the Secretary of State, after consultation with the Attorney General. (3) Such term does not include any Federal public benefit under section 4001(c). (d) STATE AUTHORITY TO PROVIDE FOR ELIGIBILITY OF ILLEGAL ALIENS FOR STATE AND LOCAL PUBLIC BENEFITS. —A State may pro- vide that an alien who is not lawfully present in the United States is eligible fora y State or local public benefit for which such alien would otherwis� be ineligible under subsection (a) only through the enactment of a State law after the date of the enactment of this Act which affirmatively provides for such eligibility. SEC. 412. STATE AUTHORITY TO LIMIT ELIGIBILITY OF QUALIFIED ALIENS FOR STATE PUBLIC BENEFITS. (a) IN GENERAL. —Notwithstanding any other provision of law and except as provided in subsection (b), a State is authorized to de- termine the eligibility for any State public benefits of an alien who is a qualified alien (as defined in section 431), a nonimmigrant under the Immigration and Nationality Act, or an alien who is pa- roled into the United States under section 212(d)(5) of such Act for less than one year. (b) EXCEPTIONS. —Qualified aliens under this subsection shall be eligible for any State public benefits. (1) TIME -LIMITED EXCEPTION FOR REFUGEES AND ASYLEES.— (A) An alien who is admitted to the United States as a refugee under section 207 of the Immigration and Nation- ality Act until 5 years after the date of an aliens entry into the United States. (B) An alien who is granted asylum under section 208 of such Act until 5 years after the date of such grant of asy- lum. (C) An alien whose deportation is being withheld under section 243(h) of such Act until 5 years after such withhold- ing. (2) CERTAIN PERMANENT RESIDENT ALIENS. —An alien who— I 172 (A) is lawfully admitted to the United States for per. manent residence under the Immigration and Nationality Act; and (B)(i) has worked 46 qualifying quarters of coverage as defined tender title II of the Social Security Act or can be credited with such qualifying quarters as provided under section 435, and (ii) in the case of any such qualifying quarter creditable for any period beginning after December 31, 1996, did not receive any Federal means -tested public benefit (as provided under section 403) during any such pe- riod, (3) VETERAN AND ACTIVE DUTY EXCEPTION. An alien who is lawfully residing in any State and is — (A) a veteran (as defined in section 101 of title 38, United States Code) with a discharge characterized as an honorable discharge and not on account of alienage, (B) on active duty (other thart active duty for training) in the Armed Forces of the United States, or (C) the spouse or unmarried- dependent child of an in- diuidual described in subparagraph (A) or (B). (4) TRANSITION FOR THOSE CURRENTLY RECEIVING BENE- FITS. —An alien who on the date of the enactment of this Act is lawfully residing in any State and is receiving benefits on the date of the enactment of this Act shall continue to be eligible to receive such benefits until January 1, 1997, Subtitle C Attribution of Income and Affidavits of Support 421. FEDERAL ATTRIBUTION OF SPONSOR'S INCOMF, AND RE- SOURCES TO ALIEN. (a) IN GENERAL. —Notwithstanding any other provision of law, determining the eligibility and the amount of benefits of an alien any Federal means -tested public benefits program (as provided ler section 403), the income and resources of the alien shall be med to include the following: (1) The income and resources of any person who executed an affidavit of support pursuant to section 213A of the Immi- gration and Nationality Act (as added by section 423) on behalf of such alien. (2) The income and resources of the spouse (if any) of the person. (b) DURATION OF ATTRIBUTION PERIOD. —,Subsection (a) shall ,ly with respect to an alien until such time as the alien— (1) achieves United States citizenship through naturaliza- tion pursuant to chapter 2 of title III of the Immigration and Nationality Act; or (2)(A) has worked 40 qualifying quarters of coverage as de- fined under title II of the Social Security Act or can be credited with such qualifying quarters as provided under section 435, and (B) in the case of any such qualifying quarter creditable for any period beginning after December 31, 1996, did not receive 173 any Federal means -tested public benefit (as provided under sec- tion 403) during any such period, (c) REVIEW OF INCOME AND RESOURCES OF ALIEN UPON RE- APPLICATION, —Whenever an alien is required to reapply for benefits under any Federal means -tested public benefits program, the appli- cable agency shall review the income and resources attributed to the alien under subsection (a). (d) APPLICATION.— (1) If on the date of the enactment of this Act, a Federal means -tested public benefits program attributes a sponsor's in- come and1 resources to an alien in determining the alien's eligi- bility and, the amount of benefits for an alien, this section shall apply to any such determination beginning on the day after the date of the enactment of this Act, (2) If on the date of the enactment of this Act, a Federal means -tested public benefits program does not attribute a spon- sor's income and resources to an alien in determining the alien's eligibility and the amount of benefits for an alien, this section shall apply to any such determination beginning 180 days after the date of the enactment of this Act. SEC. 422. AUTHORITY FOR STATES TO PROVIDE FOR ATTRIBUTION OF SPONSORS INCOME AND RESOURCES TO TIIE ALIEN WITH RESPECT TO STATE PROGRAMS. (a) OPTIONAL APPLICATION TO STATE PROGRAMS. —Except as provided in subsection (b), in determining the eligibility and the amount of benefits of an alien for any State public benefits (as de- fined in section 412(c)), the State or political subdivision that offers the benefits is authorized to provide that the income and resources of the alien shall be deemed to include-- (1) the income and resources of any individual who exe- cuted an affdauit of support pursuant to section 213A of the Immigration and Nationality Act (as added by section 423) on behalf of such alien, and (2) the income and resources of the spouse (if any) of the individual. (b) EXCEPTIONS. —Subsection (a) shall not apply with respect to the following State public benefits: (1) Assistance described in section 411(b)(1). (2) Short-term, non -cash, in -kind emergency disaster relief. (3) Programs comparable to assistance or benefits under the National, School Lunch Act. (4) Programs comparable to assistance or benefits under the Child Nutrition Act of 1966. (5) Public health assistance for immunizations with respect to immunizable diseases and for testing and treatment of symp- toms of communicable diseases whether or not such symptoms are caused by a communicable disease. (6) Payments for foster care and adoption assistance. (7) Programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter) spec- ified by the Attorney General of a State, after consultation with appropriate agencies and departments, which (A) deliver in - kind services at the community level, including through public or private nonprofit agencies; (B) do not condition the provision 174 stance, the amount of assistance provided, or the cost of nce provided on the individual recipient's income or re. ,, and (C) are necessary fo}- the protection of life or safety. :QUIREMENTS FOR SPONSORS AFFIDAVIT OF SUPPORT. GENERAL. --Title 11 of the Immigration and Nationality ided by inserting after section 213 the following new sec. QUIREMENTS FOR SPONSOR'S AFFIDAVIT OF SUPPORT 213A (a) ENFORCEABILITY.—(1) No affidavit of support cepted by the Attorney General or by any consular officer h that an alien is not excludable as a public charge under 2(a)(4) unless such affidavit is executed as a contract — which ilegally enforceable against the sponsor by the ored aliens, the Federal Government, and by any State (or )olitical subdivision of such State) which provides any s-tested public benefits program, but not later than 10 after the alien last receives any such benefit; (B) in which the sponsor agrees to financially support the SO that the alien will not become a public charge; and (C) in which the sponsor agrees to submit to the jurisdic- ?f any Federal or State court for the purpose of actions ;ht under subsection (e)(2). contract under paragraph (1) shall be enforceable with benefits provided to the alien until such time as the alien Inited States citizenship through naturalization pursuant 2 of title III. 'ORMS.—Not later than 90 days after the date of enactment -tion, the Attorney General, in consultation with the Sec - State and the Secretary of Health and Human Services, iulate an affidavit of support consistent with the provi- is section. EMEDIES.—Remedies available to enforce an affidavit of rider this section include any or all of the remedies de - section 3201, 3203, 3204, or 3205 of title 28, United Le, as well as an order for specific performance and pay- val fees and other costs of collection, and include cor- 7 remedies available under State law. A Federal agency to collect amounts owed under this section in accordance rouisions of subchapter II of chapter 37 of title 31, United %e. OTIFICATION OF CHANGE OF ADDRESS.- 1) IN GENERAL. --The sponsor shall notify the Attorney al and the State in which the sponsored alien is currently 'it within 30 days of any change of address of the sponsor f the period specified in subsection (a)(2). a) PENALTY. Any person subject to the requirement of aph (1) who fails to satisfy such requirement shall be t to, a civil penalty of — (A) not less than $250 or more than $2,000, or "B) if such failure occurs with knowledge that the ten has received any means -tested public benefit, not less an $2,000 or more than $5,000. 175 Ye) REIMBURSEMENT OF GOVERNMENT EXPENSES.--0)(A) Upon notification that a sponsored alien has received any benefit under any means -tested public benefits program, the appropriate Federal, State, or local official shall request reimbursement by the sponsor in the amount of such assistance. "(B) The Attorney General, in consultation with the Secretary of Health and Human Services, shall prescribe such regulations as may be necessary to carry out subparagraph (A). "(2) If within 45 days after requesting reimbursement, the ap- propriate Federal, State, or local agency has not received a response from the sponsor indicating a willingness to commence payments, an action may be brought against the sponsor pursuant to the affi- davit of support. '(3) If the sponsor fails to abide by the repayment terms estab- lished by such agency, the agency may, within 60 days of such fail- ure, bring an action against the sponsor pursuant to the affidavit of support. `(4) No cause of action may be brought under this subsection later than 10 years after the alien last received any benefit under any means -tested public benefits program. "(5) If, pursuant to the terms of this subsection, a Federal, State, or local agency requests reimbursement from the sponsor in the amount of assistance provided, or brings an action against the sponsor pursuant to the affidavit of support, the appropriate agency may a point or hire an individual or other person to act on behalfof sncch agency acting under the authority of law for purposes of col- lecting any moneys owed. Nothing in this subsection shall preclude any appropriate Federal, State, or local agency from directly re- questing reimbursement from a sponsor for the amount of assistance provided, or from bringing an action against a sponsor pursuant to an affidauit of support. "(f) DEFINITIONS. —For the purposes of this section--- "(1) SPONSOR. —The term 'sponsor' means an individual who — "(A) is a citizen or national of the United States or an alien who is lawfully admitted to the United States for per- manent residence; "(B) i 18 years of age or over; "(C) i; domiciled in any of the 50 States or the District of Columbia; and "(D) is the person petitioning for the admission of the alien under section 204.". (b) CLERICAL AMENDMENT. —The table of contents of such Act is amended by inserting after the item relating to section 213 the fol- lowing: "Sec. 213A. Requirements for sponsor's affidavit of support.". (c) EFFECTivE DATE. --Subsection (a) of section 213A of the Im- migration and Nationality Act, as inserted by subsection (a) of this section, shall apply to affidavits of support executed on or after a date specified by the Attorney General, which date shall be not ear- lier than 60 days (and not later than 90 days) after the date the Attorney General formulates the form for such affidavits under subsection (b) of such section. 176 BENEFITs NOT SUBJECT TO REIMBURSEMENT. —Require - for reimbursement by a sponsor for benefits provided to a °ed alien pursuant to an affidavit of support under section f the Immigration and Nationality Act shall not apply with to the following: — (1) Medical assistance described in section 401(b)(1)(A) or istance described in section 411(b)(1). (2) Short-term, non -cash, in -kind emergency disaster relief. (3) Assistance or benefits under the National School Lunch (4) Assistance or benefits under the Child Nutrition Act of �6. (5) Public health assistance for immunizations (not includ- any assistance under title XIX of the Social Security Act) h respect to immunizable diseases and for testing and treat- nt of symptoms of communicable diseases whether or not -h symptoms are caused by a communicable disease. (6) Payments for foster care and adoption assistance under =Ls B and E of title IV of the Social Security Act for a parent a child, but only if the foster or adoptive parent (or parents) ;uch child is a qualified alien (as defined in section 431). (7) Programs, services, or assistance (such as soup kitch- crisis counseling and intervention, and short-term shelter) -cified by the Attorney General, in the Attorney General's e and unreviewable discretion after consultation with appro- ate Federal agencies and departments, which (A) deliver in - A services at the community level, including through public private nonprofit agencies; (B) do not condition the provision assistance, the amount of assistance provided, or the cost of ,istance provided on the individual recipient's income or re- irces; and (C) are necessary for the protection of life or safe- (8) Programs of student assistance under titles IV, V, IX, i X of the Higher Education Act of 1965, and titles III, VII, i VIII of the Public Health Service Act. (9) Benefits under the Head Start Act. (10) Means -tested programs under the Elementary and ondary Education Act of 1965. (11) Benefits under the Job Training Partnership Act. J Subtitle D—General Provisions DEFINITIONS. IN GENERAL. —Except as otherwise provided in this title, :ns used in this title have the same meaning given such 1 used 101(a) of the Immigration and Nationality Act. QUALIFIED ALIEN. —For purposes of this title, the term �d alien" means an alien who, at the time the alien applies rives, or attempts to receive a Federal public benefit, is— (1) an alien who is lawfully admitted for permanent resi- ce under the Immigration and Nationality Act, (2) an alien who is granted asylum under section 208 of a Act, (3) a refugee who is admitted to the United States under ion 207 of such Act, 177 (4) an alien who is paroled into the United States under section 212(d)(5) of such Act for a period of at least 1 year, - (5) an alien whose deportation is being withheld under sec- tion 243(h) of such Act, or (6) an alien who is granted conditional entry pursuant to section 203(a)(7) of such Act as in effect prior to April 1, 1980. SEC. 432. VERIFICATION OF ELIGIBILITY FOR FEDERAL PUBLIC BENE- FITS. (a) IN GENERAL. —Not later than 18 months after the date of the enactment of this Act, the Attorney General of the United States, after consultation with the Secretary of Health and Human Serv- ices, shall promulgate regulations requiring verification that a per- son applying for a Federal public benefit (as defined in section 401(c)), to which the limitation under section 401 applies, is a qualified alien and is eligible to receive such benefit. Such regula- tions shall, to the extent feasible, require that information requested and exchanged be similar in form and manner to information re- quested and exchanged under section 1137 of the Social Security Act. (b) STATE COMPLIANCE. —Not later than 24 months after the date the regulations described in subsection (a) are adopted, a State that administe s a program that provides a Federal public benefit shall have in e�fect a verification system that complies with the reg ulations. (c) AUTHORIZATION OF APPROPRIATIONS. —There are authorized to be appropriated such sums as may be necessary to carry out the purpose of this section. SEC. 433. STATUTORY CONSTRUCTION. (a) LIMITATION.— (1) Nothing in this title may be construed as an entitlement or a determination of an individual's eligibility or fulfillment of the requisite requirements for any Federal, State, or local gou- ernmental program, assistance, or benefits. For purposes of this title, eligibility relates only to the general issue of eligibility or ineligibility on the basis of alienage. (2) Nothing in this title may be construed as addressing alien eligibility for a basic public education as determined by the Supreme Court of the United States under Plyler u. Doe (457 U.S. 202) (1982). (b) NOT APPLICABLE TO FOREIGN ASSISTANCE. —This title does not apply to any Federal, State, or local governmental or benefits provided to an alien under any program for- eign assistance as determined by the Secretary of State in consulta- tion with the Attorney General. (c) SEVERABILITy.—If any provision of this title or the applica- tion of such provision to any person or circumstance is held to be unconstitutional, the remainder of this title and the application of the provisions of such to any person or circumstance shall not be af- fected thereby. 178 COMMUNICATION BETWEEN STATE AND LOCAL GOVERN. MENT AGENCIES AND THE IbfbfIGRATION AND NATU- RALIZATION SERVICE. ithstanding any other provision of Federal, State, or local itate or local government entity may be prohibited, or in restricted, from sending to or receiving from the Immigra- Naturalization Service information regarding the immi- atus, lawful or unlawful, of an alien in the United States. ? UAUMNG QUARTERS. )urposes of this title, in determining the number of qualify- ers of coverage under title 77 of the Social Security Act an 11 be credited with- 1) all of the qualifying quarters of coverage as defined r title II of the Social Security Act worked by a parent of alien while the alien was under age 18, and '2) all of the qualifying quarters worked by a spouse of alien during their marriage and the alien remains mar - to such spouse or such spouse is deceased. qualifying quarter of coverage that is creditable under title Social Security Act for any period beginning after Decem- f996, may be credited to an alien under paragraph (1) or parent or spouse (as the case may be) of such alien received aral means -tested public benefit (as provided under section ing the period for which such qualifying quarter of cov- so credited, �btitle E--Conforming Amendments Relating to Assisted Housing CONFORMING AMENDMENTS RELATING TO ASSISTED HOUS- ING. IMITATIONS ON ASSISTANCE. —Section 214 of the Housing gmunity Development Act of 1980 (42 U.S.C. 1436a) is (1) by striking "Secretary of Housing and Urban Develop - each place it appears and inserting "applicable See- (2) in subsection (b), by inserting after "National Housing ' the following: "the direct loan program under section 502 he Housing Act of 1949 or section 502(c)(5)(D), 504, ?)(2)(A), or 542 of such Act, subtitle A of title III of the cston-Gonzalez National Affordable Housing Act, "; `3) in paragraphs (2) through (6) of subsection (d), by strik- `Secretary" each place it appears and inserting "applicable ,tart',,, '4) in subsection (d), in the matter following paragraph (6), riking "the term `Secretary"' and inserting "the term 'appli- Secretary"; and 5) by adding at the end the following new subsection: For purposes of this section, the term `applicable Secretary' '(1) the Secretary of Housing and Urban Development, with -ct to financial assistance administered by such Secretary 179 and financial 'assistance under subtitle A of title III of the Cranston -Gonzalez National Affordable Housing Act; and "(2) the Secretary of Agriculture, with respect to financial assistance administered by such.Secretary,". (b) CONFORMING AMENDMENTS. --Section 501(h) of the Housing Act of 1949 (42 U.S.C. 1471(h)) is amended— (1) by striking "(1)"; (2) by striking "by the Secretary of Housing and Urban De- velopment"; and (3) by striking paragraph (2). Subtitle F—Earned Income Credit Denied to Unauthorized Employees SEC. 451. EARNED INCOME CREDIT DENIED TO INDIVIDUALS NOT AU. THORIZED TO BE EAEPLOYED IN THE UNITED STATES. (a) IN GENERAL. —Section 32(c)(1) of the Internal Revenue Code of 1986 (relating to individuals eligible to claim the earned income credit) is amended by adding at the end the following new subpara- graph: "(F) IDENTIFICATION NUMBER REQUIREMENT. —The term 'eligible individual' does not include any individual who does not include on the return of tax for the taxable year— "(i) such individual's taxpayer identification num. ber, and "(ii) if the individual is married (within the mean- ing of section 7703), the taxpayer identification number of such individual's spouse, , (b) SPECIAL IDENTIFICATION NUMBER. ---Section 32 of such Code is amended by addV,ng at the end the following new subsection: "(1) IDENTIFICATION NUMBERS. —Solely for purposes of sub- sections (c)(1)(F) and (c)(3)(D), a taxpayer identification number means a social security number issued to an individual by the So- cial Security Administration (other than a social security number issued pursuant to clause (11) (or that portion of clause (111) that re- lates to clause (I1)) of section 205(c)(2)(B)(i) of the Social Security Act).". (c) EXTENSION OF PROCEDURES APPLICABLE TO MATHEMATICAL OR CLERICAL ERRORS. —Section 6213(g)(2) of such Code (relating to the definition of mathematical or clerical errors) is amended by striking "and' at the end of subparagraph (D), by striking the period at the end of subparagraph (E) and inserting a comma, and by in- serting after subparagraph (E) the following new subparagraphs: "(F) an omission of a correct taxpayer identification number required under section 32 (relating to the earned income credit) to be included on a return, and "(G) an entry on a return claiming the credit under sec- tion 32 with respect to net earnings from self-employment described in section 32(c)(2)(A) to the extent the tax imposed by section 1401 (relating to self-employment tax) on such net earnings has not been paid.". (d) EFFECTIVE DATE. —The amendments made by this section shall apply with respect to returns the due date for which (without regard to extensions) is more than 30 days after the date of the en- actment of this Act. 16ifli of 'ffliatur ��)A,, \\' ALTER I. FOFMAN City Clerk « licit? uuu � c n �� Joseph Alfano Executive Director Jobs and Education Partnership Regional Board 3403 N.W. 82 Avenue - Suite 300 Miami, FL 33122 RE: Dear Mr. Alfano: June 3, 1997 Motion Number 97-342 EDWARD MARQUE7_ City Manager The City of Miami Commission, at its meeting of May 22, 1997, passed Motion Numer 97-342, nominating Commissioner Humberto Hernandez for consideration as a member of the W.A.G.E.S.S. (Work and Gains Economic Self Sufficiency) Coalition. Attached hereto, please find the above -cited Motion, which is self-explanatory. Respectfully submitted, ow Walter J. o man City Clerk Enc. OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O. Box 330708/Miami, FL 33233/1305) 250-5360/FAX: (305) 858-1610