About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

1 1 (July 27, 2020)

handle is hein.crs/govdbcg0001 and id is 1 raw text is: ~* or 101 ' Researh Service PRWORA and the CARES Act: What's the Prospective Power of a Notwithstanding Clause? July 27, 2020 Which categories of non-U.S. nationals (aliens) are eligible for the student financial aid, unemployment compensation, and other benefits authorized by the Coronavirus Aid, Relief, and Economic Security (CARES) Act? Particularly in the case of student financial aid, the question has produced debate and controversy. The CARES Act itself is mostly silent about alien eligibility. The legal debate centers upon a provision from the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996, which renders many aliens ineligible for federal public benefits. PRWORA says that its restriction applies notwithstanding any other provision of law. What power does that phrase have to limit eligibility for the benefits created 24 years later in the CARES Act? CARES Act Background The list of federally funded benefits that the CARES Act created in response to the Coronavirus Disease 2019 (COVID-19) pandemic is long. Major examples include the one-time recovery rebate (providing a maximum payment of $1,200 for individuals or $2,400 for married couples, with a $500 supplement per qualifying child); the Paycheck Protection Program; federally funded unemployment benefits such as Federal Pandemic Unemployment Compensation (FPUC), which boosts weekly compensation by $600, and Pandemic Unemployment Assistance (PUA), which provides benefits to self-employed individuals and others not eligible for other types of unemployment compensation; and emergency financial aid for higher education students through the Higher Education Emergency Relief Fund (HEERF). For the recovery rebates, Congress expressly denied eligibility to nonresident aliens and people without social security numbers. (There is ongoing litigation about the constitutionality of a sub-provision that bars some mixed-status couples from receiving the rebates.) For the other benefit types, however, Congress did not explicitly address the eligibility of aliens in the CARES Act itself. Some of the benefit provisions restrict eligibility or use of funds according to other criteria. People able to telework cannot receive PUA, for example, and universities cannot use HEERF funds for certain capital outlays. But Congressional Research Service https://crsreports.congress.gov LSB10526 CRS LegaM Sideba Prepaimed for Mernbei-s and Comrm ttees of Conress ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most