```

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 848 Introduced in House (IH)]

<DOC>

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).
                                 <all>
```