[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 848 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 848
To restrict certain Federal assistance benefits to individuals verified
to be citizens of the United States.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 29, 2019
Mr. Grothman (for himself, Mr. Gosar, Mr. Gaetz, Mr. Duncan, and Mr.
Posey) introduced the following bill; which was referred to the
Committee on Oversight and Reform
_______________________________________________________________________
A BILL
To restrict certain Federal assistance benefits to individuals verified
to be citizens of the United States.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. RESTRICTING CERTAIN FEDERAL ASSISTANCE BENEFITS TO
INDIVIDUALS VERIFIED TO BE CITIZENS.
(a) Restriction.--
(1) In general.--Notwithstanding any other provision of
law, an individual is not eligible for a Federal assistance
benefit (as defined in paragraph (2) of this subsection) unless
the individual meets the citizenship requirement specified in
subsection (b)(1).
(2) Federal assistance benefit.--In this section, the term
``Federal assistance benefit'' means, with respect to an
individual, assistance furnished to the individual (or to the
household, family, or other similar unit that includes the
individual) under any Federal assistance program (as defined in
subsection (e)), including any benefit furnished under a grant
or contract made pursuant to any such program, but does not
include an entity receiving a grant or contract under such a
program if the grant or contract is used to furnish assistance
other than to the entity receiving the grant or contract.
(b) Citizenship, Attestation, and Citizenship Verification
Requirements.--
(1) Citizenship requirement.--The citizenship requirement
specified in this paragraph, with respect to an individual, is
that the individual must meet--
(A) the attestation requirement of paragraph (2);
and
(B) the citizenship verification requirement of
paragraph (3).
(2) Attestation requirement.--An individual meets the
attestation requirement of this paragraph for a Federal
assistance benefit if the individual has filed, in connection
with the application for the benefit (or, in the case of an
individual who is a recipient of the benefit, filed with the
provider of the benefit), a declaration in writing (under
penalty of perjury and in a form and manner specified under
subsection (c)(3)) that the individual is a citizen or national
of the United States.
(3) Citizenship verification requirement.--
(A) In general.--An individual meets the
citizenship verification requirement of this
paragraph--
(i) in connection with an application for a
Federal assistance benefit, if the individual--
(I) furnishes in connection with
the application satisfactory
documentary evidence (as defined in
section 1903(x)(3) of the Social
Security Act (42 U.S.C. 1396b(x)(3)) of
United States citizenship or
nationality;
(II) furnishes in connection with
the application a photographic identity
document described in section
274A(b)(1)(D) of the Immigration and
Nationality Act; and
(III) furnishes in connection with
the application the individual's name
and social security account number and
has the name and number and citizenship
or nationality status confirmed in
accordance with subparagraphs (B)(ii)
and (C)(ii) as being consistent with
information in the records maintained
by the Commissioner of Social Security
or the Secretary of Homeland Security,
respectively; or
(ii) in the case of a recipient of a
Federal assistance benefit, if the individual
furnishes to the provider of the benefit the
documentary evidence and other information
described in clause (i), and has the
individual's name and social security account
number and social security number and
citizenship or nationality status confirmed as
described in clause (i)(III).
(B) Confirmation through social security.--
(i) Transmittal of ssn to ssa.--An entity
that is furnished a name, social security
account number, and other identity information
for an individual under subparagraph (A) shall
submit the name and number to the Commissioner
of Social Security for confirmation under
clause (ii) of this subparagraph.
(ii) Confirmation or nonconfirmation by
ssa.--Upon receipt of a submittal under clause
(i) from an entity, the Commissioner shall
compare the information submitted with the
information in the records maintained by the
Commissioner and transmit to the entity either
a confirmation or nonconfirmation as to whether
the number submitted is valid and whether the
information in the Social Security
Administration indicates that the individual is
a citizen or national of the United States.
(C) Confirmation through dhs.--
(i) Transmittal to dhs.--An entity that is
furnished a name and social security account
number and other identity information for an
individual under subparagraph (A) of this
paragraph shall submit the name and number and
such other identifying information as the
Director may require under subsection (c)(3)(B)
respecting the individual to the Secretary of
Homeland Security for confirmation under clause
(ii) of this subparagraph.
(ii) Review and confirmation or
nonconfirmation by dhs.--Upon receipt of a
submittal under clause (i) from an entity, the
Secretary of Homeland Security shall transmit
to the entity either a confirmation or
nonconfirmation as to whether the information
in the records of the Department of Homeland
Security indicates that the individual is a
citizen or national of the United States.
(D) Verification through save program.--An entity
that is furnished a name and social security account
number and other identity information for an individual
under subparagraph (A) shall verify that the individual
is not included as a noncitizen in the Systematic Alien
Verification for Entitlements (SAVE) Program of the
Department of Homeland Security.
(E) Notice.--In the case of an individual who does
not provide the documentary evidence referred to in
subparagraph (A) or who does not receive confirmation
of United States citizenship or nationality under
subparagraph (B)(ii) or (C)(ii), the entity processing
the application for, or providing, the Federal
assistance benefit involved shall notify the individual
of the individual's ineligibility under this section
with respect to the benefit, and of the opportunity of
the individual to appeal the ineligibility
determination.
(F) Appeals process.--The head of any department or
agency of the Federal Government who is administering a
Federal benefit program shall provide a process through
which an individual may appeal a determination made
under this Act that an individual is ineligible for a
Federal assistance benefit.
(4) National defined.--In this section, the term
``national'' means a national of the United States (as defined
in section 101(a)(22) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(22)).
(c) Additional Rules; Administration.--
(1) Treatment of certain families and households.--In the
case of a Federal assistance benefit which is made available
based on--
(A) eligibility for a child, the child shall be
treated as meeting the citizenship requirement of
subsection (b)(1) if the child, or a parent or legal
guardian of the child, meets the requirement; and
(B) eligibility for a household or other family
unit, the members of the household or family unit shall
be treated as meeting the citizenship requirement if
any individual who is treated as a member of the
household or family unit meets the requirement, except
that--
(i) if the program under which the benefit
is furnished is the program for supportive
housing for the elderly under section 202 of
the Housing Act of 1959 (12 U.S.C. 1701q), the
citizenship requirement must be met by an
elderly individual who is member of the
household; and
(ii) if the program under which the benefit
is furnished is the program for supportive
housing for persons with disabilities under
section 811 of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 8013), the
citizenship requirement must be met by a
disabled individual who is a member of the
household.
(2) Satisfaction of requirement.--Once an individual meets
the citizenship requirement of subsection (b)(1) with respect
to a Federal assistance benefit, the individual shall be
treated as continuing to meet the requirement for the benefit
so long as the individual otherwise remains continuously
eligible for the benefit.
(3) General administration.--
(A) In general.--The Director of the Office of
Management and Budget may issue such regulations and
guidance as may be required to carry out this section.
(B) Specifications of declaration form and
verification process.--Not later than 30 days after the
date of the enactment of this Act, the Director shall
specify the form and manner of the declaration of
citizenship form under subsection (b)(2) and the method
for verifying citizenship to be used under subsection
(b)(3) consistent with the following:
(i) The declaration form shall be based on
the declaration form used for purposes of
section 1137(d)(1)(A) of the Social Security
Act (42 U.S.C. 1320b-7(d)(1)(A)).
(ii) The verification process described in
subparagraphs (A), (B), and (C) of subsection
(b)(3) shall be based on the process used for
purposes of paragraphs (1) and (2) of section
1902(ee) of the Social Security Act (42 U.S.C.
1396a(ee)).
(4) Superseding other citizenship-related eligibility
requirements.--The provisions of this section supersede any
provisions of law relating to the eligibility for Federal
assistance benefits of individuals based on citizenship,
nationality, or immigration status, unless the Director of the
Office of Management and Budget determines that the provisions
of the law are more restrictive than the requirements of this
section.
(d) Disqualification for Willful and Repeated Noncompliance.--
(1) In general.--If the Director of the Office of
Management and Budget determines that an entity providing a
Federal assistance benefit has willfully and repeatedly
furnished the benefit to individuals who have not met the
citizenship requirement of subsection (b)(1) or has willfully
and repeatedly failed to submit information as required under
subparagraph (B)(i) or (C)(i) of subsection (b)(3), the entity
is disqualified from furnishing the benefit, and the Director
shall add the name of the entity to the List of Excluded
Individuals/Entities, until the Director determines that any
such benefit furnished to any such individual has been
recovered.
(2) Monitoring of programs by the inspectors general.--The
Inspector General for the respective Federal Department or
agency with primary responsibility for a Federal assistance
program shall provide for regular reports on compliance of the
entities furnishing benefits under the program in applying
subsection (a).
(e) Federal Assistance Program Defined.--In this section, the term
``Federal assistance program''--
(1) means any provision of Federal law (other than the
Internal Revenue Code of 1986 or any other Federal law
pertaining to taxation) that authorizes a benefit to be
furnished for which eligibility is based in whole or in part on
the income or resources of the beneficiary; and
(2) includes any provision of the Social Security Act that
authorizes a benefit to be furnished.
(f) Effective Date.--
(1) In general.--Subsection (a) shall apply to
determinations (including redeterminations) of eligibility made
on or after the date that is 1 year after the date of the
enactment of this Act.
(2) Transition rule.--In no case shall an individual remain
eligible for a Federal assistance benefit after the date that
is 2 years after the date of the enactment of this Act without
satisfying the citizenship requirement of subsection (b)(1).
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