I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. RESTRICTING CERTAIN FEDERAL ASSISTANCE 

4 BENEFITS TO INDIVIDUALS VERIFIED TO BE 

5 CITIZENS. 

6 (a) RESTRICTION.— 

7 (1) IN GENERAL.—Notwithstanding any other 

8 provision of law, an individual is not eligible for a 

9 Federal assistance benefit (as defined in paragraph 

10 (2) of this subsection) unless the individual meets 


kjohnson on DSK79L0C42 with BILLS
2 

•HR 848 IH

1 the citizenship requirement specified in subsection 

2 (b)(1). 

3 (2) FEDERAL ASSISTANCE BENEFIT.—In this 

4 section, the term ‘‘Federal assistance benefit’’ 

5 means, with respect to an individual, assistance fur6 nished to the individual (or to the household, family, 

7 or other similar unit that includes the individual) 

8 under any Federal assistance program (as defined in 

9 subsection (e)), including any benefit furnished 

10 under a grant or contract made pursuant to any 

11 such program, but does not include an entity receiv12 ing a grant or contract under such a program if the 

13 grant or contract is used to furnish assistance other 

14 than to the entity receiving the grant or contract. 

15 (b) CITIZENSHIP, ATTESTATION, AND CITIZENSHIP

16 VERIFICATION REQUIREMENTS.— 

17 (1) CITIZENSHIP REQUIREMENT.—The citizen18 ship requirement specified in this paragraph, with 

19 respect to an individual, is that the individual must 

20 meet— 

21 (A) the attestation requirement of para22 graph (2); and 

23 (B) the citizenship verification requirement 

24 of paragraph (3). 


kjohnson on DSK79L0C42 with BILLS
3 

•HR 848 IH

1 (2) ATTESTATION REQUIREMENT.—An indi2 vidual meets the attestation requirement of this 

3 paragraph for a Federal assistance benefit if the in4 dividual has filed, in connection with the application 

5 for the benefit (or, in the case of an individual who 

6 is a recipient of the benefit, filed with the provider 

7 of the benefit), a declaration in writing (under pen8 alty of perjury and in a form and manner specified 

9 under subsection (c)(3)) that the individual is a cit10 izen or national of the United States. 

11 (3) CITIZENSHIP VERIFICATION REQUIRE12 MENT.— 

13 (A) IN GENERAL.—An individual meets the 

14 citizenship verification requirement of this para15 graph— 

16 (i) in connection with an application 

17 for a Federal assistance benefit, if the in18 dividual— 

19 (I) furnishes in connection with 

20 the application satisfactory documen21 tary evidence (as defined in section 

22 1903(x)(3) of the Social Security Act 

23 (42 U.S.C. 1396b(x)(3)) of United 

24 States citizenship or nationality; 


kjohnson on DSK79L0C42 with BILLS
4 

•HR 848 IH

1 (II) furnishes in connection with 

2 the application a photographic iden3 tity document described in section 

4 274A(b)(1)(D) of the Immigration 

5 and Nationality Act; and 

6 (III) furnishes in connection with 

7 the application the individual’s name 

8 and social security account number 

9 and has the name and number and 

10 citizenship or nationality status con11 firmed in accordance with subpara12 graphs (B)(ii) and (C)(ii) as being 

13 consistent with information in the 

14 records maintained by the Commis15 sioner of Social Security or the Sec16 retary of Homeland Security, respec17 tively; or 

18 (ii) in the case of a recipient of a Fed19 eral assistance benefit, if the individual 

20 furnishes to the provider of the benefit the 

21 documentary evidence and other informa22 tion described in clause (i), and has the in23 dividual’s name and social security account 

24 number and social security number and 


kjohnson on DSK79L0C42 with BILLS
5 

•HR 848 IH

1 citizenship or nationality status confirmed 

2 as described in clause (i)(III). 

3 (B) CONFIRMATION THROUGH SOCIAL SE4 CURITY.— 

5 (i) TRANSMITTAL OF SSN TO SSA.— 

6 An entity that is furnished a name, social 

7 security account number, and other iden8 tity information for an individual under 

9 subparagraph (A) shall submit the name 

10 and number to the Commissioner of Social 

11 Security for confirmation under clause (ii) 

12 of this subparagraph. 

13 (ii) CONFIRMATION OR NONCON14 FIRMATION BY SSA.—Upon receipt of a 

15 submittal under clause (i) from an entity, 

16 the Commissioner shall compare the infor17 mation submitted with the information in 

18 the records maintained by the Commis19 sioner and transmit to the entity either a 

20 confirmation or nonconfirmation as to 

21 whether the number submitted is valid and 

22 whether the information in the Social Se23 curity Administration indicates that the in24 dividual is a citizen or national of the 

25 United States. 


kjohnson on DSK79L0C42 with BILLS
6 

•HR 848 IH

1 (C) CONFIRMATION THROUGH DHS.— 

2 (i) TRANSMITTAL TO DHS.—An entity 

3 that is furnished a name and social secu4 rity account number and other identity in5 formation for an individual under subpara6 graph (A) of this paragraph shall submit 

7 the name and number and such other iden8 tifying information as the Director may re9 quire under subsection (c)(3)(B) respecting 

10 the individual to the Secretary of Home11 land Security for confirmation under 

12 clause (ii) of this subparagraph. 

13 (ii) REVIEW AND CONFIRMATION OR

14 NONCONFIRMATION BY DHS.—Upon re15 ceipt of a submittal under clause (i) from 

16 an entity, the Secretary of Homeland Se17 curity shall transmit to the entity either a 

18 confirmation or nonconfirmation as to 

19 whether the information in the records of 

20 the Department of Homeland Security in21 dicates that the individual is a citizen or 

22 national of the United States. 

23 (D) VERIFICATION THROUGH SAVE PRO24 GRAM.—An entity that is furnished a name and 

25 social security account number and other idenVerDate Sep 11 2014 22:12 Feb 06, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H848.IH H848

kjohnson on DSK79L0C42 with BILLS
7 

•HR 848 IH

1 tity information for an individual under sub2 paragraph (A) shall verify that the individual is 

3 not included as a noncitizen in the Systematic 

4 Alien Verification for Entitlements (SAVE) 

5 Program of the Department of Homeland Secu6 rity. 

7 (E) NOTICE.—In the case of an individual 

8 who does not provide the documentary evidence 

9 referred to in subparagraph (A) or who does 

10 not receive confirmation of United States citi11 zenship or nationality under subparagraph 

12 (B)(ii) or (C)(ii), the entity processing the ap13 plication for, or providing, the Federal assist14 ance benefit involved shall notify the individual 

15 of the individual’s ineligibility under this section 

16 with respect to the benefit, and of the oppor17 tunity of the individual to appeal the ineligi18 bility determination. 

19 (F) APPEALS PROCESS.—The head of any 

20 department or agency of the Federal Govern21 ment who is administering a Federal benefit 

22 program shall provide a process through which 

23 an individual may appeal a determination made 

24 under this Act that an individual is ineligible 

25 for a Federal assistance benefit. 


kjohnson on DSK79L0C42 with BILLS
8 

•HR 848 IH

1 (4) NATIONAL DEFINED.—In this section, the 

2 term ‘‘national’’ means a national of the United 

3 States (as defined in section 101(a)(22) of the Im4 migration and Nationality Act (8 U.S.C. 

5 1101(a)(22)). 

6 (c) ADDITIONAL RULES; ADMINISTRATION.— 

7 (1) TREATMENT OF CERTAIN FAMILIES AND

8 HOUSEHOLDS.—In the case of a Federal assistance 

9 benefit which is made available based on— 

10 (A) eligibility for a child, the child shall be 

11 treated as meeting the citizenship requirement 

12 of subsection (b)(1) if the child, or a parent or 

13 legal guardian of the child, meets the require14 ment; and 

15 (B) eligibility for a household or other 

16 family unit, the members of the household or 

17 family unit shall be treated as meeting the citi18 zenship requirement if any individual who is 

19 treated as a member of the household or family 

20 unit meets the requirement, except that— 

21 (i) if the program under which the 

22 benefit is furnished is the program for sup23 portive housing for the elderly under sec24 tion 202 of the Housing Act of 1959 (12 

25 U.S.C. 1701q), the citizenship requirement 


kjohnson on DSK79L0C42 with BILLS
9 

•HR 848 IH

1 must be met by an elderly individual who 

2 is member of the household; and 

3 (ii) if the program under which the 

4 benefit is furnished is the program for sup5 portive housing for persons with disabilities 

6 under section 811 of the Cranston-Gon7 zalez National Affordable Housing Act (42 

8 U.S.C. 8013), the citizenship requirement 

9 must be met by a disabled individual who 

10 is a member of the household. 

11 (2) SATISFACTION OF REQUIREMENT.—Once an 

12 individual meets the citizenship requirement of sub13 section (b)(1) with respect to a Federal assistance 

14 benefit, the individual shall be treated as continuing 

15 to meet the requirement for the benefit so long as 

16 the individual otherwise remains continuously eligi17 ble for the benefit. 

18 (3) GENERAL ADMINISTRATION.— 

19 (A) IN GENERAL.—The Director of the Of20 fice of Management and Budget may issue such 

21 regulations and guidance as may be required to 

22 carry out this section. 

23 (B) SPECIFICATIONS OF DECLARATION

24 FORM AND VERIFICATION PROCESS.—Not later 

25 than 30 days after the date of the enactment of 


kjohnson on DSK79L0C42 with BILLS
10 

•HR 848 IH

1 this Act, the Director shall specify the form and 

2 manner of the declaration of citizenship form 

3 under subsection (b)(2) and the method for 

4 verifying citizenship to be used under sub5 section (b)(3) consistent with the following: 

6 (i) The declaration form shall be 

7 based on the declaration form used for 

8 purposes of section 1137(d)(1)(A) of the 

9 Social Security Act (42 U.S.C. 1320b– 

10 7(d)(1)(A)). 

11 (ii) The verification process described 

12 in subparagraphs (A), (B), and (C) of sub13 section (b)(3) shall be based on the process 

14 used for purposes of paragraphs (1) and 

15 (2) of section 1902(ee) of the Social Secu16 rity Act (42 U.S.C. 1396a(ee)). 

17 (4) SUPERSEDING OTHER CITIZENSHIP-RE18 LATED ELIGIBILITY REQUIREMENTS.—The provi19 sions of this section supersede any provisions of law 

20 relating to the eligibility for Federal assistance bene21 fits of individuals based on citizenship, nationality, 

22 or immigration status, unless the Director of the Of23 fice of Management and Budget determines that the 

24 provisions of the law are more restrictive than the 

25 requirements of this section. 


kjohnson on DSK79L0C42 with BILLS
11 

•HR 848 IH

1 (d) DISQUALIFICATION FOR WILLFUL AND RE2 PEATED NONCOMPLIANCE.— 

3 (1) IN GENERAL.—If the Director of the Office 

4 of Management and Budget determines that an enti5 ty providing a Federal assistance benefit has will6 fully and repeatedly furnished the benefit to individ7 uals who have not met the citizenship requirement 

8 of subsection (b)(1) or has willfully and repeatedly 

9 failed to submit information as required under sub10 paragraph (B)(i) or (C)(i) of subsection (b)(3), the 

11 entity is disqualified from furnishing the benefit, 

12 and the Director shall add the name of the entity to 

13 the List of Excluded Individuals/Entities, until the 

14 Director determines that any such benefit furnished 

15 to any such individual has been recovered. 

16 (2) MONITORING OF PROGRAMS BY THE IN17 SPECTORS GENERAL.—The Inspector General for the 

18 respective Federal Department or agency with pri19 mary responsibility for a Federal assistance program 

20 shall provide for regular reports on compliance of 

21 the entities furnishing benefits under the program in 

22 applying subsection (a). 

23 (e) FEDERAL ASSISTANCE PROGRAM DEFINED.—In 

24 this section, the term ‘‘Federal assistance program’’— 


kjohnson on DSK79L0C42 with BILLS
12 

•HR 848 IH

1 (1) means any provision of Federal law (other 

2 than the Internal Revenue Code of 1986 or any 

3 other Federal law pertaining to taxation) that au4 thorizes a benefit to be furnished for which eligibility 

5 is based in whole or in part on the income or re6 sources of the beneficiary; and 

7 (2) includes any provision of the Social Security 

8 Act that authorizes a benefit to be furnished. 

9 (f) EFFECTIVE DATE.— 

10 (1) IN GENERAL.—Subsection (a) shall apply to 

11 determinations (including redeterminations) of eligi12 bility made on or after the date that is 1 year after 

13 the date of the enactment of this Act. 

14 (2) TRANSITION RULE.—In no case shall an in15 dividual remain eligible for a Federal assistance ben16 efit after the date that is 2 years after the date of 

17 the enactment of this Act without satisfying the citi18 zenship requirement of subsection (b)(1). 

Æ 


kjohnson on DSK79L0C42 with BILLS