FSP: Non-Citizen Eligibility and Certification Provisions of Public Law 104-193 Binder III [3]
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OCR Page 1 of 122Draft NECP Final Rule OGC Edits
Department intends to encourage and support State outreach activities that inform and
encourage potentially eligible households to apply for food stamp benefits without
improperly recruiting applicants.
Accordingly, the Department is amending section 277.4 in this final rule to define
recruitment activities.
Implementation
The provisions of PRWORA, as amended by the Balanced Budget Act, were
effective and required to be implemented by State agencies on the date of enactment of
PRWORA (August 22, 1996) for new applicants and no later than the next recertification
for recipients, unless otherwise noted. Therefore, we proposed that the effective date and
required implementation date for sections 402, 807, 808 and 811 of PRWORA would be
August 22, 1996 for new applicants and no later than recertification for recipients.
Section 402 of PRWORA, as amended by section 510 of the OCAA, specified that the
alien eligibility requirements cannot apply until April 1, 1997, to an alien who received
benefits on August 22, 1996, unless the alien is ineligible for another reason. State
agencies were required to recertify all aliens between April 1 and August 22, 1997.
Section 551 of the OCAA amended section 423 of PRWORA to provide that the
sponsored alien provisions of section 421 of PRWORA apply to new legally binding
affidavits of support executed on or after a date specified by the Attorney General. The
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