1Requiring identification of lawful presence in the United States
2as a prerequisite to the receipt of public benefits;
3prohibiting issuance of access devices to certain persons;
4and providing for the offense of possession of access device
5by certain persons.

6The General Assembly of the Commonwealth of Pennsylvania
7hereby enacts as follows:

8Section 1. Short title.

9This act shall be known and may be cited as the Proof of
10Citizenship for Receipt of Public Benefits Act.

11Section 2. Definitions.

12The following words and phrases when used in this act shall
13have the meanings given to them in this section unless the
14context clearly indicates otherwise:

15"Access device." The Pennsylvania ACCESS card or electronic
16benefit transfer card.

17"Affidavit." An unsworn statement that is made subject to
18the penalties of 18 Pa.C.S. § 4904 (relating to unsworn

1falsification to authorities).

2"Agency." An agency as defined under 2 Pa.C.S. § 101 
3(relating to definitions).

4"Person." An individual.

5"Public benefits."

6(1) Any of the following:

7(i) A grant, contract or loan provided by an agency
8of the Commonwealth or local government.

9(ii) Any welfare, health, disability, public or
10assisted housing, postsecondary education, food
11assistance, unemployment benefit or any other similar
12benefit for which payments or assistance are provided to
13an individual, household or family eligibility unit by an
14agency of the Commonwealth or local government.

15(2) The term does not include any of the following:

16(i) Benefits listed under section 411(b) of the
17Personal Responsibility and Work Opportunity
18Reconciliation Act of 1996 (Public Law 104-193, 8 U.S.C. 
19§ 1621(b)).

20(ii) A contract for a nonimmigrant whose visa for
21entry is related to such employment in the United States
22or to a citizen of a freely associated state, if section
23141 of the applicable compact of free association
24approved under the Compact of Free Association Act of
251985 (Public Law 99-239, 99 Stat. 1770) or the Joint
26Resolution to approve the "Compact of Free Association"
27between the United States and the Government of Palau,
28and for other purposes (Public Law 99-658, 100 Stat.
293672) or a successor provision, is in effect.

30(iii) Benefits for an alien who as a work-authorized

1nonimmigrant or as an alien lawfully admitted for
2permanent residence under the Immigration and Nationality
3Act (66 Stat. 163, 8 U.S.C. § 1101 et seq.) qualified for
4such benefits and for whom the United States under
5reciprocal treaty agreements is required to pay benefits,
6as determined by the Secretary of State, after
7consultation with the Attorney General of the United
8States.

9(iv) Any Federal public benefit under section 401(c)
10of the Personal Responsibility and Work Opportunity
11Reconciliation Act of 1996 (Public Law 104-193, 8 U.S.C. 
12§ 1611(c)).

13(v) Nutrition programs enumerated in section
14742(b)(2) of the Personal Responsibility and Work
15Opportunity Reconciliation Act of 1996 (Public Law 104-
16193, 8 U.S.C. § 1615(b)(2)).

17(vi) Programs providing assistance in the form of
18food or food vouchers, including, but not limited to, the
19Special Supplemental Nutrition Program for Women, Infants
20and Children.

21(vii) Protective services provided under the act of
22November 6, 1987 (P.L.381, No.79), known as the Older
23Adults Protective Services Act, and the act of October 7,
242010 (P.L.484, No.70), known as the Adult Protective
25Services Act.

26(viii) Services provided to a victim of a severe
27form of trafficking in persons as defined under 22 U.S.C.
28§ 7105(b)(1)(C) (relating to protection and assistance
29for victims of trafficking).

30(ix) Unemployment benefits for an alien who has

1obtained employment authorization from the Department of
2Homeland Security.

3"Unauthorized alien." An alien who is not eligible for any
4state or local public benefits under section 411(a) of the
5Personal Responsibility and Work Opportunity Reconciliation Act
6of 1996 (Public Law 104-193, 8 U.S.C. § 1621(a)).

7Section 3. Identification and eligibility.

8(a) Requirements.--A person who applies directly to an
9agency for public benefits shall provide proof of identification
10and proof of eligibility in accordance with this section.

11(b) Proof of identification.--

12(1) Except as provided in paragraph (2), a person under
13subsection (a) must provide, in person, by mail or by
14electronic means, one of the following forms of
15identification to the agency:

16(i) A valid driver's license or identification card
17issued by the Department of Transportation.

18(ii) A valid identification card issued by any other
19agency of the Commonwealth.

20(iii) A valid identification card issued by the
21United States Government, a state government or the
22Canadian Government.

23(iv) A valid United States passport.

24(v) A document from an agency of the United States
25or a state National Guard establishing that the person is
26a current member of or a veteran of the United States
27Armed Forces or National Guard.

28(vi) A form of identification as listed in United
29States Attorney General's Order Number 2129-97 Interim
30Guidance on Verification of Citizenship, Qualified Alien

1Status and Eligibility Under Title IV of the Personal
2Responsibility and Work Opportunity Reconciliation Act of
31996, as issued by the Department of Justice at 62 Fed.
4Reg. 61,344 (Nov. 17, 1997) or a subsequent version of
5that Attorney General's order.

6(2) If the person does not possess a form of
7identification listed in paragraph (1), the person must
8provide, in person, by mail or by electronic means, an
9affidavit stating that the person does not possess a form of
10identification listed in paragraph (1).

11(c) Proof of eligibility.--To demonstrate eligibility, a
12person under subsection (a) must provide in person, by mail or
13by electronic means one of the following to the agency:

14(1) An affidavit stating that the person is a United
15States citizen.

16(2) An affidavit stating that the person is eligible for
17State or local benefits under section 411(a) of the Personal
18Responsibility and Work Opportunity Reconciliation Act of
191996 (Public Law 104-193, 8 U.S.C. § 1621(a)).

20(d) Recordkeeping of affidavits.--The agency shall maintain
21the affidavits required under subsections (b) and (c) in
22accordance with the applicable records retention schedule.

23(e) Exceptions.--Subsection (a) shall not apply to:

24(1) A person under 18 years of age.

25(2) A person currently receiving Supplemental Security
26Income or Social Security disability income.

27(3) A person entitled to or enrolled in Medicare Part A
28or Part B, or both.

29(4) A person applying for public benefits on behalf of a
30person under 18 years of age.

1(5) A person whose citizenship has been verified
2pursuant to section 1902(ee) of the Social Security Act (49
3Stat. 620, 42 U.S.C. § 1396a(ee)).

4(6) A person who declares by affidavit that, because of
5domestic violence, the person does not currently possess any
6of the identification documents listed in subsection (a)(1).
7The domestic violence shall be verified using state standards
8developed under section 402(a)(7) of the Personal
9Responsibility and Work Opportunity Reconciliation Act of
101996 (Public Law 104-193, 42 U.S.C. § 602(a)(7)).

11Section 4. Verification through SAVE program.

12(a) General rule.--An agency that administers public
13benefits shall verify, through the Systematic Alien Verification
14of Entitlement (SAVE) program operated by the Department of
15Homeland Security or a successor program designated by the
16Department of Homeland Security, that each noncitizen applicant
17who has executed an affidavit under section 3(c) is an alien
18legally present in the United States.

19(b) Presumption of lawful presence by affidavit.--Until such
20verification of lawful presence is made, the affidavit executed
21under section 3(c) may be presumed to be proof of lawful
22presence for purposes of this act.

23Section 5. Issuance of access devices to persons who are not
24lawfully present in the United States prohibited.

25An agency may not issue an access device to a person who is
26not lawfully present in the United States as determined by
27Federal immigration officials.

28Section 6. Possession or use of access device by persons who
29are not lawfully present in the United States.

30(a) Offense defined.--A person commits an offense if the

1person is not lawfully present in the United States as
2determined by Federal immigration officials and possesses or
3uses an access device.

4(b) Separate offenses.--Each time a person possesses or uses
5an access device in violation of subsection (a) constitutes a
6separate offense under this section.

7(c) Grading.--A person who violates subsection (a) commits a
8felony of the third degree.

9Section 7. False statements.

10A person who knowingly and willfully makes a false,
11fictitious or fraudulent statement of representation in an
12affidavit executed under section 3 may be subject to prosecution
13under 18 Pa.C.S. § 4904 (relating to unsworn falsification to
14authorities).

15Section 8. Nondiscrimination.

16This act shall be enforced without regard to race, religion,
17gender, ethnicity or national origin.

18Section 9. Systematic Alien Verification for Entitlements
19(SAVE) program.

20(a) Reporting.--If an agency encounters errors and
21significant delays when using the Systematic Alien Verification
22for Entitlements (SAVE) program under section 4 the agency shall
23report the errors and delays to the United States Department of
24Homeland Security and to the Attorney General.

25(b) Monitoring.--The Attorney General shall monitor the
26Systematic Alien Verification for Entitlements (SAVE) program
27and its verification application for errors and significant
28delays and report yearly on the errors and significant delays to
29ensure that the application of the Systematic Alien Verification
30for Entitlements (SAVE) program is not wrongfully denying

1benefits to legal residents of this Commonwealth.

2Section 10. Notification to the Governor's Office of
3Administration and posting on PennWATCH.

4(a) General rule.--An agency, upon determining that public
5money has been expended on or public benefits provided to an
6unauthorized alien shall prepare an invoice listing the cost of
7the expenditures or benefits. The agency shall transmit the
8invoice along with any identifying information concerning the
9unauthorized alien to the Governor's Office of Administration
10for inclusion in the publicly accessible Internet website known
11as PennWATCH.

12(b) Access.--The Governor's Office of Administration shall
13provide access to the invoices pursuant to the act of February
1414, 2008 (P.L.6, No.3), known as the Right-to-Know Law.

15(c) Definitions.--As used in this section the term "public
16money" includes the cost of arrest, prosecution, incarceration
17or detainment of an unauthorized alien and any related expenses.

18Section 11. Applicability.

19(a) General rule.--Except as otherwise provided in
20subsection (b), this act shall apply to applications for public
21benefits and renewal of public benefits filed directly with an
22agency after the effective date of this section.

23(b) Federal funding and law.--This act shall not apply to
24applications for public benefits and renewal of public benefits
25filed directly with an agency if compliance with this act would
26lead to loss of Federal funding or be in conflict with any
27Federal law.

28Section 12. Effective date.

29This act shall take effect in 120 days.