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

Bill Text

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
Requiring identification of lawful presence in the United States
as a prerequisite to the receipt of public benefits.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Proof of
Citizenship for Receipt of Public Benefits Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Access device." The Pennsylvania ACCESS card or Electronic
Benefit Transfer (EBT) card.
"Affidavit." An unsworn statement that is made subject to
the penalties of 18 Pa.C.S. § 4904 (relating to unsworn
falsification to authorities).
"Agency." A government agency.
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"Authorized cardholder." An individual to whom an access
device has been issued for the purpose of accessing:
(1) public benefits of which the individual is a
recipient;
(2) public benefits on behalf of a minor who is a
recipient of public benefits;
(3) public benefits on behalf of a recipient of public
benefits who is unable to use an access device because of a
disability; or
(4) public benefits on behalf of a household, so long as
the individual is an adult member of the household and has
been authorized by a recipient of public benefits to access
the benefits.
"Person." An individual.
"Public benefits."
(1) Any of the following:
(i) A grant, contract or loan provided by an agency
of the Commonwealth or a local government.
(ii) A welfare, health, disability, public or
assisted housing, postsecondary education, food
assistance, unemployment benefit or other similar benefit
for which payments or assistance are provided to an
individual, household or family eligibility unit by an
agency of the Commonwealth or a local government.
(2) The term does not include any of the following:
(i) Benefits listed under section 411(b) of the
Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (Public Law 104-193, 110 Stat.
2105).
(ii) A contract for a nonimmigrant whose visa for
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entry is related to employment in the United States or to
a citizen of a freely associated state, if section 141 of
the applicable compact of free association approved under
the Compact of Free Association Act of 1985 (Public Law
99-239, 99 Stat. 1770) or the Joint Resolution to approve
the "Compact of Free Association" between the United
States and the Government of Palau, and for other
purposes (Public Law 99-658, 100 Stat. 3672) or a
successor provision, is in effect.
(iii) Benefits for an alien who as a work-authorized
nonimmigrant or as an alien lawfully admitted for
permanent residence under the Immigration and Nationality
Act (66 Stat. 163, 8 U.S.C. § 1101 et seq.) qualified for
benefits and for whom the United States under reciprocal
treaty agreements is required to pay benefits, as
determined by the Secretary of State, after consultation
with the Attorney General of the United States.
(iv) A Federal public benefit under section 401(c)
of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996.
(v) Nutrition programs enumerated in section
742(b)(2) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996.
(vi) Programs providing assistance in the form of
food or food vouchers, including the Special Supplemental
Nutrition Program for Women, Infants and Children.
(vii) Protective services provided under the act of
November 6, 1987 (P.L.381, No.79), known as the Older
Adults Protective Services Act, and the act of October 7,
2010 (P.L.484, No.70), known as the Adult Protective
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Services Act.
(viii) Services provided to a victim of a severe
form of trafficking in persons as defined under 22 U.S.C.
§ 7105(b)(1)(C) (relating to protection and assistance
for victims of trafficking).
(ix) Unemployment benefits for an alien who has
obtained employment authorization from the Department of
Homeland Security.
"Public money." The term includes the cost of arrest,
prosecution, incarceration or detainment of an unauthorized
alien and any related expenses.
"Unauthorized alien." An alien who is not:
(1) An alien who is lawfully admitted for permanent
residence under the Immigration and Nationality Act.
(2) An alien who is granted asylum under section 208 of
the Immigration and Nationality Act.
(3) A refugee who is admitted to the United States under
section 208 of the Immigration and Nationality Act.
(4) A nonimm