[Federal Register Volume 62, Number 178 (Monday, September 15, 1997)]
[Notices]
[Pages 48308-48309]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-24272]
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DEPARTMENT OF JUSTICE
[AG Order No. 2115-97]
Request for Comments on the Attorney General's Specification of
Community Programs Necessary for the Protection of Life or Safety Under
the Welfare Reform Act
AGENCY: Department of Justice.
ACTION: Notice with request for comments.
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SUMMARY: The Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 vests in the Attorney General the authority
to specify non-means-tested, government-funded community programs,
services, or assistance that are necessary for the protection of life
or safety and for which all aliens remain eligible. On August 23, 1996,
the Attorney General issued an Order implementing that authority, and
making a ``provisional specification.'' Before the provisional
specification is finalized, the Department is publishing this Notice to
solicit the input of federal, state, and local agencies operating
programs or providing services or assistance that may be covered by
that Order.
DATES: Comments must be received by November 14, 1997.
ADDRESSES: Address all comments to Wendy L. Patten, Counsel, Office of
Policy Development, Department of Justice, 950 Pennsylvania Avenue,
NW., Washington, DC, 20530.
FOR FURTHER INFORMATION CONTACT: Wendy L. Patten, Counsel, Office of
Policy Development, Department of Justice, 950 Pennsylvania Avenue,
NW., Washington, DC, 20530, (202) 514-5482.
SUPPLEMENTARY INFORMATION: On August 22, 1996, the President signed the
Personal Responsibility and Work Opportunity Reconciliation Act of 1996
(the Act), which vests in the Attorney General the authority to specify
non-means-tested, government-funded community programs, services, or
assistance that are necessary for the protection of life or safety and
for which all aliens remain eligible. Pursuant to the Act, on August
23, 1996, the Attorney General issued an Order (AG Order No. 2049-96)
(Order) implementing that authority, and making a ``provisional
specification'' of such programs. This Order was published on August
30, 1996 at 61 FR 45985.
Under Secs. 401 and 411 of the Act, aliens who are not ``qualified
aliens'' (as defined in Sec. 431 of the Act are ineligible for federal,
state, and local public benefits.\1\ However, there are a number of
specified exceptions to these restrictions.\2\ Included within this
list of
[[Page 48309]]
statutory exceptions is a provision authorizing the Attorney General to
establish additional exceptions for certain types of programs,
services, and assistance. The programs, services, and assistance that
the Attorney General may specify are limited to those which (1) deliver
in-kind services at the community level, including through public or
private nonprofit agencies; (2) do not condition the provision of
assistance, the amount of assistance provided, or the cost of
assistance provided on the individual recipient's income or resources;
and (3) are necessary for the protection of life or safety. (Sections
401(b)(1)(D) and 411(b)(4).
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\1\ The term ``federal public benefit'' is defined to include
``any grant, contract, loan, professional license, or commercial
license provided by an agency of the United States or by
appropriated funds of the United States.'' (Section 401(c)(1)(A)).
The definition of state public benefit is identical to the federal
benefit definition except that it refers to benefits provided by
agencies of state or local governments or by appropriated funds of
state or local governments. (Section 411(c)(1)(A)).
\2\ In addition to the exception that is the subject of the
Attorney General Order of August 23, 1996, there are a number of
other categories of federal, state, and local public benefits that
Congress expressly made available to other non-qualified aliens.
These public benefits include specified types of emergency medical
treatment and emergency disaster relief, along with other benefits
as set forth in Sec. 401(b) and Sec. 411(b) of the Act, as amended
by the Balanced Budget Act of 1997, Pub. L. No. 105-33 (1997).
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The Department intends to publish an Order finalizing the
implementation of that authority. Before it does so, the Department is
publishing this Notice to solicit the input of federal, state, and
local agencies operating programs or providing services or assistance
that may be covered by the final Order. Responses to this solicitation
will assist the Department in reaching a final determination regarding
the types of programs, services, or assistance that should be covered
by that Order. After reviewing any comments and consulting with other
agencies, the Attorney General then will issue a final specification of
programs, services, and assistance for which all persons remain
eligible, regardless of immigration status.
If you believe that any program or programs you administer have
been or may be affected by the Attorney General Order, the Department
would appreciate receiving your comments. In your comments, please give
the citations of any applicable federal, state, or local statutes or
regulations that govern the creation, operation, or scope of your
affected programs. Please also give a brief description of the
structure of the program(s), your agency's view of whether the program,
service, or assistance falls within the purview of the Attorney General
Order, and any arguments to support that interpretation.
Dated: September 9, 1997.
Janet Reno,
Attorney General.
[FR Doc. 97-24272 Filed 9-12-97; 8:45 am]
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