HB 931 — An Act requiring identification of lawful presence in the United States as a prerequisite to the receipt of public benefits.

PRINTER'S NO.   993

                    THE GENERAL ASSEMBLY OF PENNSYLVANIA



                        HOUSE BILL
                        No. 931
                                              Session of
                                                2025

     INTRODUCED BY PUGH, PICKETT, COOK, KAUFFMAN, M. MACKENZIE,
        RYNCAVAGE, BARGER, GLEIM, KUTZ, ZIMMERMAN AND KUZMA,
        MARCH 17, 2025

     REFERRED TO COMMITTEE ON HUMAN SERVICES, MARCH 17, 2025


                                    AN ACT
 1   Requiring identification of lawful presence in the United States
 2      as a prerequisite to the receipt of public benefits.
 3      The General Assembly of the Commonwealth of Pennsylvania
 4   hereby enacts as follows:
 5   Section 1.   Short title.
 6      This act shall be known and may be cited as the Proof of
 7   Citizenship for Receipt of Public Benefits Act.
 8   Section 2.   Definitions.
 9      The following words and phrases when used in this act shall
10   have the meanings given to them in this section unless the
11   context clearly indicates otherwise:
12      "Access device."   The Pennsylvania ACCESS card or Electronic
13   Benefit Transfer (EBT) card.
14      "Affidavit."   An unsworn statement that is made subject to
15   the penalties of 18 Pa.C.S. § 4904 (relating to unsworn
16   falsification to authorities).
17      "Agency."   A government agency.
 1      "Authorized cardholder."      An individual to whom an access
 2   device has been issued for the purpose of accessing:
 3          (1)     public benefits of which the individual is a
 4      recipient;
 5          (2)     public benefits on behalf of a minor who is a
 6      recipient of public benefits;
 7          (3)     public benefits on behalf of a recipient of public
 8      benefits who is unable to use an access device because of a
 9      disability; or
10          (4)     public benefits on behalf of a household, so long as
11      the individual is an adult member of the household and has
12      been authorized by a recipient of public benefits to access
13      the benefits.
14      "Person."    An individual.
15      "Public benefits."
16          (1)     Any of the following:
17                (i)    A grant, contract or loan provided by an agency
18          of the Commonwealth or a local government.
19                (ii)    A welfare, health, disability, public or
20          assisted housing, postsecondary education, food
21          assistance, unemployment benefit or other similar benefit
22          for which payments or assistance are provided to an
23          individual, household or family eligibility unit by an
24          agency of the Commonwealth or a local government.
25          (2)     The term does not include any of the following:
26                (i)    Benefits listed under section 411(b) of the
27          Personal Responsibility and Work Opportunity
28          Reconciliation Act of 1996 (Public Law 104-193, 110 Stat.
29          2105).
30                (ii)    A contract for a nonimmigrant whose visa for

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 1        entry is related to employment in the United States or to
 2        a citizen of a freely associated state, if section 141 of
 3        the applicable compact of free association approved under
 4        the Compact of Free Association Act of 1985 (Public Law
 5        99-239, 99 Stat. 1770) or the Joint Resolution to approve
 6        the "Compact of Free Association" between the United
 7        States and the Government of Palau, and for other
 8        purposes (Public Law 99-658, 100 Stat. 3672) or a
 9        successor provision, is in effect.
10             (iii)    Benefits for an alien who as a work-authorized
11        nonimmigrant or as an alien lawfully admitted for
12        permanent residence under the Immigration and Nationality
13        Act (66 Stat. 163, 8 U.S.C. § 1101 et seq.) qualified for
14        benefits and for whom the United States under reciprocal
15        treaty agreements is required to pay benefits, as
16        determined by the Secretary of State, after consultation
17        with the Attorney General of the United States.
18             (iv)    A Federal public benefit under section 401(c)
19        of the Personal Responsibility and Work Opportunity
20        Reconciliation Act of 1996.
21             (v)    Nutrition programs enumerated in section
22        742(b)(2) of the Personal Responsibility and Work
23        Opportunity Reconciliation Act of 1996.
24             (vi)    Programs providing assistance in the form of
25        food or food vouchers, including the Special Supplemental
26        Nutrition Program for Women, Infants and Children.
27             (vii)    Protective services provided under the act of
28        November 6, 1987 (P.L.381, No.79), known as the Older
29        Adults Protective Services Act, and the act of October 7,
30        2010 (P.L.484, No.70), known as the Adult Protective

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 1             Services Act.
 2                   (viii)   Services provided to a victim of a severe
 3             form of trafficking in persons as defined under 22 U.S.C.
 4             § 7105(b)(1)(C) (relating to protection and assistance
 5             for victims of trafficking).
 6                   (ix)   Unemployment benefits for an alien who has
 7             obtained employment authorization from the Department of
 8             Homeland Security.
 9      "Public money."       The term includes the cost of arrest,
10   prosecution, incarceration or detainment of an unauthorized
11   alien and any related expenses.
12      "Unauthorized alien."       An alien who is not:
13             (1)   An alien who is lawfully admitted for permanent
14      residence under the Immigration and Nationality Act.
15             (2)   An alien who is granted asylum under section 208 of
16      the Immigration and Nationality Act.
17             (3)   A refugee who is admitted to the United States under
18      section 208 of the Immigration and Nationality Act.
19             (4)   A nonimmigrant under the Immigration and Nationality
20      Act.
21             (5)   An alien who is granted conditional entry under
22      section 203(a)(7) of the Immigration and Nationality Act as
23      in effect prior to April 1, 1980.
24   Section 3.      Identification and eligibility.
25      (a)    Requirements.--A person who applies directly to an
26   agency for public benefits shall provide proof of identification
27   and proof of eligibility in accordance with this section.
28      (b)    Proof of identification.--
29             (1)   Except as provided in paragraph (2), a person
30      subject to subsection (a) must provide, in person, by mail or

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 1    by electronic means, one of the following forms of
 2    identification to the agency:
 3              (i)    A valid driver's license or identification card
 4        issued by the Department of Transportation.
 5              (ii)    A valid identification card issued by an agency
 6        of the Commonwealth.
 7              (iii)    A valid identification card issued by the
 8        United States Government, a state government or the
 9        Government of Canada.
10              (iv)    A valid United States passport.
11              (v)    A document from an agency of the United States
12        or a state National Guard establishing that the person is
13        a current member of or a veteran of the United States
14        Armed Forces or National Guard.
15              (vi)    A form of identification as listed in United
16        States Attorney General's Order Number 2129-97 Interim
17        Guidance on Verification of Citizenship, Qualified Alien
18        Status and Eligibility Under Title IV of the Personal
19        Responsibility and Work Opportunity Reconciliation Act of
20        1996 (Public Law 104-193, 110 Stat. 2105), as issued by
21        the Department of Justice at 62 Fed. Reg. 61344 (Nov. 17,
22        1997) or a subsequent version of that Attorney General's
23        order.
24        (2)   If the person does not possess a form of
25    identification listed in paragraph (1), the person must
26    provide, in person, by mail or by electronic means, an
27    affidavit stating that the person signing the affidavit is
28    the person who is applying for public benefits and that the
29    person does not possess a form of identification listed in
30    paragraph (1).

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 1      (c)   Proof of eligibility.--To demonstrate eligibility, a
 2   person subject to subsection (a) must provide, in person, by
 3   mail or by electronic means, one of the following to the agency:
 4            (1)   An affidavit stating that the person is a United
 5      States citizen.
 6            (2)   An affidavit stating that the person is eligible for
 7      State or local benefits under section 411(a) of the Personal
 8      Responsibility and Work Opportunity Reconciliation Act of
 9      1996.
10      (d)   Recordkeeping of affidavit.--The agency shall maintain
11   the affidavit required under subsections (b) and (c) in
12   accordance with the applicable records retention schedule.
13      (e)   Exceptions.--Subsection (a) shall not apply to:
14            (1)   A person under 18 years of age.
15            (2)   A person currently receiving Supplemental Security
16      Income or Social Security disability income.
17            (3)   A person entitled to or enrolled in Medicare Part A
18      or Part B, or both.
19            (4)   A person applying for public benefits on behalf of a
20      person under 18 years of age.
21            (5)   A person whose citizenship has been verified under
22      section 1902(ee) of the Social Security Act (49 Stat. 620, 42
23      U.S.C. § 1396a(ee)).
24            (6)   A person who declares by affidavit that, because of
25      domestic violence, the person does not currently possess any
26      of the identification documents listed in subsection (a)(1).
27      The domestic violence shall be verified using state standards
28      developed under section 402(a)(7) of the Personal
29      Responsibility and Work Opportunity Reconciliation Act of
30      1996.

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 1   Section 4.      Verification through Systematic Alien Verification
 2                   for Entitlement Program.
 3      (a)    Duties.--An agency that administers public benefits
 4   shall verify, through the Systematic Alien Verification for
 5   Entitlements Program operated by the Department of Homeland
 6   Security or a successor program designated by the Department of
 7   Homeland Security, that each noncitizen applicant who has
 8   executed an affidavit under section 3(c)(2) is eligible for
 9   State or local benefits under section 411(a) of the Personal
10   Responsibility and Work Reconciliation Act of 1996 (Public Law
11   104-193, 110 Stat. 2105).
12      (b)    Presumption of eligibility by affidavit.--Until
13   verification of eligibility is made, the affidavit executed
14   under section 3(c)(2) may be presumed to be proof that the
15   person is eligible for State or local benefits under section
16   411(a) of the Personal Responsibility and Work Reconciliation
17   Act of 1996.
18   Section 5.      Prohibiting issuance of access devices to persons
19                   who are not authorized cardholders.
20      An agency may not issue an access device to a person who is
21   not eligible to be an authorized cardholder.
22   Section 6.      Possession or use of access device.
23      (a)    Offense defined.--A person commits an offense if the
24   person:
25             (1)   is not an authorized cardholder and possesses or
26      uses an access device; or
27             (2)   possesses or uses an access device that was not
28      issued to the person.
29      (b)    Separate offenses.--Each time a person possesses or uses
30   an access device in violation of subsection (a) constitutes a

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 1   separate offense under this section.
 2      (c)   Grading.--A person who violates subsection (a) commits a
 3   felony of the third degree.
 4   Section 7.    False statements.
 5      A person who knowingly and willfully makes a false,
 6   fictitious or fraudulent statement of representation in an
 7   affidavit executed under section 3 may be subject to prosecution
 8   under 18 Pa.C.S. § 4904 (relating to unsworn falsification to
 9   authorities).
10   Section 8.    Nondiscrimination.
11      This act shall be enforced without regard to race, religion,
12   gender, ethnicity or national origin.
13   Section 9.    Systematic Alien Verification for Entitlements
14                 Program.
15      (a)   Reporting.--If an agency encounters errors and
16   significant delays when using the Systematic Alien Verification
17   for Entitlements Program under section 4, the agency shall
18   report the errors and delays to the Department of Homeland
19   Security and to the Attorney General.
20      (b)   Monitoring.--The Attorney General shall monitor the
21   Systematic Alien Verification for Entitlements Program and the
22   program's verification application for errors and significant
23   delays and report yearly on the errors and significant delays to
24   ensure that the application of the Systematic Alien Verification
25   for Entitlements Program is not wrongfully denying benefits to
26   legal residents of this Commonwealth.
27   Section 10.    Notification to the Governor's Office of
28                 Administration and posting on PennWATCH.
29      (a)   Duties.--An agency, upon determining that public money
30   has been expended on or public benefits provided to an

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 1   unauthorized alien, shall prepare an invoice listing the cost of
 2   the expenditures or benefits. The agency shall transmit the
 3   invoice along with any identifying information concerning the
 4   unauthorized alien to the Governor's Office of Administration
 5   for inclusion in the publicly accessible Internet website known
 6   as PennWATCH.
 7      (b)   Access.--The Governor's Office of Administration shall
 8   provide access to the invoices under the act of February 14,
 9   2008 (P.L.6, No.3), known as the Right-to-Know Law.
10   Section 11.     Applicability.
11      (a)   Public benefits.--Except as otherwise provided in
12   subsection (b), this act shall apply to applications for public
13   benefits and renewal of public benefits filed directly with an
14   agency after the effective date of this section.
15      (b)   Federal funding and law.--This act shall not apply to
16   applications for public benefits and renewal of public benefits
17   filed directly with an agency if compliance with this act would
18   lead to loss of Federal funding or be in conflict with any
19   Federal law.
20   Section 12.     Effective date.
21      This act shall take effect in 120 days.




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