[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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