[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9494 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 9494
Making continuing appropriations for fiscal year 2025, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 9, 2024
Mr. Higgins of Louisiana (for himself and Mr. Cole) introduced the
following bill; which was referred to the Committee on Appropriations,
and in addition to the Committee on the Budget, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
Making continuing appropriations for fiscal year 2025, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Continuing Appropriations and Other
Matters Act, 2025''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
DIVISION A--CONTINUING APPROPRIATIONS ACT, 2025
DIVISION B--SAVE ACT
Sec. 201. Short title.
Sec. 202. Ensuring only citizens are registered to vote in elections
for Federal office.
Sec. 203. Election assistance commission guidance.
Sec. 204. Inapplicability of paperwork reduction act.
Sec. 205. Duty of secretary of homeland security to notify election
officials of naturalization.
Sec. 206. Rule of construction regarding provisional ballots.
Sec. 207. Rule of construction regarding effect on state exemptions
from other Federal laws.
Sec. 208. Effective date.
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to ``this
Act'' contained in any division of this Act shall be treated as
referring only to the provisions of that division.
DIVISION A--CONTINUING APPROPRIATIONS ACT, 2025
The following sums are hereby appropriated, out of any money in
the Treasury not otherwise appropriated, and out of applicable
corporate or other revenues, receipts, and funds, for the several
departments, agencies, corporations, and other organizational units of
Government for fiscal year 2025, and for other purposes, namely:
Sec. 101. Such amounts as may be necessary, at a rate for
operations as provided in the applicable appropriations Acts for fiscal
year 2024 and under the authority and conditions provided in such Acts,
for continuing projects or activities (including the costs of direct
loans and loan guarantees) that are not otherwise specifically provided
for in this Act, that were conducted in fiscal year 2024, and for which
appropriations, funds, or other authority were made available in the
following appropriations Acts:
(1) The Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2024
(division B of Public Law 118-42).
(2) The Commerce, Justice, Science, and Related Agencies
Appropriations Act, 2024 (division C of Public Law 118-42).
(3) The Department of Defense Appropriations Act, 2024
(division A of Public Law 118-47).
(4) The Energy and Water Development and Related Agencies
Appropriations Act, 2024 (division D of Public Law 118-42).
(5) The Financial Services and General Government
Appropriations Act, 2024 (division B of Public Law 118-47),
except section 637.
(6) The Department of Homeland Security Appropriations Act,
2024 (division C of Public Law 118-47), except section 546(e).
(7) The Department of the Interior, Environment, and
Related Agencies Appropriations Act, 2024 (division E of Public
Law 118-42), except section 447.
(8) The Departments of Labor, Health and Human Services,
and Education, and Related Agencies Appropriations Act, 2024
(division D of Public Law 118-47).
(9) The Legislative Branch Appropriations Act, 2024
(division E of Public Law 118-47), except the matter under the
heading ``Joint Items--Joint Congressional Committee on
Inaugural Ceremonies of 2025'', and section 7 in the matter
preceding division A of Public Law 118-47.
(10) The Military Construction, Veterans Affairs, and
Related Agencies Appropriations Act, 2024 (division A of Public
Law 118-42), except section 259.
(11) The Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2024 (division F of Public
Law 118-47), except section 7075(a).
(12) The Transportation, Housing and Urban Development, and
Related Agencies Appropriations Act, 2024 (division F of Public
Law 118-42).
Sec. 102. (a) No appropriation or funds made available or authority
granted pursuant to section 101 for the Department of Defense shall be
used for:
(1) the new production of items not funded for production in fiscal
year 2024 or prior years;
(2) the increase in production rates above those sustained with
fiscal year 2024 funds; or
(3) the initiation, resumption, or continuation of any project,
activity, operation, or organization (defined as any project,
subproject, activity, budget activity, program element, and subprogram
within a program element, and for any investment items defined as a P-1
line item in a budget activity within an appropriation account and an
R-1 line item that includes a program element and subprogram element
within an appropriation account) for which appropriations, funds, or
other authority were not available during fiscal year 2024.
(b) No appropriation or funds made available or authority granted
pursuant to section 101 for the Department of Defense shall be used to
initiate multi-year procurements utilizing advance procurement funding
for economic order quantity procurement unless specifically
appropriated later.
Sec. 103. Appropriations made by section 101 shall be available to
the extent and in the manner that would be provided by the pertinent
appropriations Act.
Sec. 104. Except as otherwise provided in section 102, no
appropriation or funds made available or authority granted pursuant to
section 101 shall be used to initiate or resume any project or activity
for which appropriations, funds, or other authority were not available
during fiscal year 2024.
Sec. 105. Appropriations made and authority granted pursuant to
this Act shall cover all obligations or expenditures incurred for any
project or activity during the period for which funds or authority for
such project or activity are available under this Act.
Sec. 106. Unless otherwise provided for in this Act or in the
applicable appropriations Act for fiscal year 2025, appropriations and
funds made available and authority granted pursuant to this Act shall
be available until whichever of the following first occurs:
(1) The enactment into law of an appropriation for any
project or activity provided for in this Act.
(2) The enactment into law of the applicable appropriations
Act for fiscal year 2025 without any provision for such project
or activity.
(3) March 28, 2025.
Sec. 107. Expenditures made pursuant to this Act shall be charged
to the applicable appropriation, fund, or authorization whenever a bill
in which such applicable appropriation, fund, or authorization is
contained is enacted into law.
Sec. 108. Appropriations made and funds made available by or
authority granted pursuant to this Act may be used without regard to
the time limitations for submission and approval of apportionments set
forth in section 1513 of title 31, United States Code, but nothing in
this Act may be construed to waive any other provision of law governing
the apportionment of funds.
Sec. 109. Notwithstanding any other provision of this Act, except
section 106, for those programs that would otherwise have high initial
rates of operation or complete distribution of appropriations at the
beginning of fiscal year 2025 because of distributions of funding to
States, foreign countries, grantees, or others, such high initial rates
of operation or complete distribution shall not be made, and no grants
shall be awarded for such programs funded by this Act that would
impinge on final funding prerogatives.
Sec. 110. This Act shall be implemented so that only the most
limited funding action of that permitted in the Act shall be taken in
order to provide for continuation of projects and activities.
Sec. 111. (a) For entitlements and other mandatory payments whose
budget authority was provided in appropriations Acts for fiscal year
2024, and for activities under the Food and Nutrition Act of 2008,
activities shall be continued at the rate to maintain program levels
under current law, under the authority and conditions provided in the
applicable appropriations Act for fiscal year 2024, to be continued
through the date specified in section 106(3).
(b) Notwithstanding section 106, obligations for mandatory payments
due on or about the first day of any month that begins after October
2024, but not later than 30 days after the date specified in section
106(3) may continue to be made, and funds shall be available for such
payments.
Sec. 112. Amounts made available under section 101 for civilian
personnel compensation and benefits in each department and agency may
be apportioned up to the rate for operations necessary to avoid
furloughs within such department or agency, consistent with the
applicable appropriations Act for fiscal year 2024, except that such
authority provided under this section shall not be used until after the
department or agency has taken all necessary actions to reduce or defer
non-personnel-related administrative expenses.
Sec. 113. Funds appropriated by this Act may be obligated and
expended notwithstanding section 10 of Public Law 91-672 (22 U.S.C.
2412), section 15 of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2680), section 313 of the Foreign Relations Authorization
Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6212), and section 504(a)(1)
of the National Security Act of 1947 (50 U.S.C. 3094(a)(1)).
Sec. 114. (a) Each amount incorporated by reference in this Act
that was previously designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985 or as being for disaster
relief pursuant to section 251(b)(2)(D) of such Act is designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of such Act or as being for disaster relief pursuant to
section 251(b)(2)(D) of such Act, respectively.
(b) Section 6 of Public Laws 118-42 and 118-47 shall apply to
amounts designated in subsection (a) and in sections 130 and 146 of
this Act as an emergency requirement.
(c) Each amount incorporated by reference in this Act that was
previously designated by the Congress as an emergency requirement
pursuant to a concurrent resolution on the budget shall continue to be
treated as amounts specified in section 103(b) of division A of Public
Law 118-5.
(d) This section shall become effective immediately upon enactment
of this Act, and shall remain in effect through the date in section
106(3).
Sec. 115. (a) Rescissions or cancellations of discretionary budget
authority that continue pursuant to section 101 in Treasury
Appropriations Fund Symbols (TAFS)--
(1) to which other appropriations are not provided by this Act, but
for which there is a current applicable TAFS that does receive an
appropriation in this Act; or
(2) which are no-year TAFS and receive other appropriations in this
Act, may be continued instead by reducing the rate for operations
otherwise provided by section 101 for such current applicable TAFS, as
long as doing so does not impinge on the final funding prerogatives of
the Congress.
(b) Rescissions or cancellations described in subsection (a) shall
continue in an amount equal to the lesser of--
(1) the amount specified for rescission or cancellation in
the applicable appropriations Act referenced in section 101 of
this Act; or
(2) the amount of balances available, as of October 1,
2024, from the funds specified for rescission or cancellation
in the applicable appropriations Act referenced in section 101
of this Act.
(c) No later than November 18, 2024, the Director of the Office of
Management and Budget shall provide to the Committees on Appropriations
of the House of Representatives and the Senate a comprehensive list of
the rescissions or cancellations that will continue pursuant to section
101: Provided, That the information in such comprehensive list shall be
periodically updated to reflect any subsequent changes in the amount of
balances available, as of October 1, 2024, from the funds specified for
rescission or cancellation in the applicable appropriations Act
referenced in section 101, and such updates shall be transmitted to the
Committees on Appropriations of the House of Representatives and the
Senate upon request.
Sec. 116. In addition to amounts otherwise provided by section
101, there is appropriated to the Department of Defense for
``Shipbuilding and Conversion, Navy'', $1,950,000,000, for an
additional amount for fiscal year 2025, to remain available until
September 30, 2029, for the Virginia Class Submarine program.
Sec. 117. Notwithstanding sections 101 and 104, amounts provided
by section 101 for ``Corps of Engineers--Civil--Operation and
Maintenance'' may be used up to an amount not to exceed $37,600,000,
adjusted for inflation beginning August 1, 2024, as compensation for
reserving and operating 3.6 million acre-feet of pre-planned flood
storage at Hugh Keenleyside Dam to minimize the flood risk in the
Columbia River Basin in the United States.
Sec. 118. (a) Funds made available by section 101 for ``Department
of Energy--Atomic Energy Defense Activities--Environmental and Other
Defense Activities--Other Defense Activities'' may be apportioned up to
the rate for operations necessary to sustain specialized security
activities.
(b) The Secretary of Energy shall notify the Committees on
Appropriations of the House of Representatives and the Senate not later
than 3 days after each use of the authority provided in subsection (a).
Sec. 119. Notwithstanding section 101, the matter under the
heading ``Election Assistance Commission-- Election Security Grants''
in division B of Public Law 118-47 shall be applied by substituting
``$0'' for ``$55,000,000''.
Sec. 120. (a) Notwithstanding section 101, for ``General Services
Administration--Expenses, Presidential Transition'', there is
appropriated $10,202,314, for necessary expenses to carry out the
Presidential Transition Act of 1963 (Public Law 88-277), as amended, of
which $6,971,863 is available for activities authorized by sections
3(a)(1) through 3(a)(7) and 3(a)(10) of such Act; $2,730,451 is
available for activities authorized by section 5 of such Act; and not
to exceed $500,000 is available for activities authorized by sections
3(a)(8) and 3(a)(9) of such Act: Provided, That such amounts may be
transferred and credited to the ``Acquisition Services Fund'' or the
``Federal Buildings Fund'' to reimburse obligations incurred prior to
enactment of this Act for the purposes provided herein related to the
Presidential election in 2024: Provided further, That amounts available
under this section shall be in addition to any other amounts available
for such purposes.
(b) Notwithstanding section 101, no funds are provided by this Act
for ``General Services Administration--Pre-Election Presidential
Transition''.
Sec. 121. In addition to amounts otherwise provided by section
101, amounts are provided for ``District of Columbia--Federal Payment
for Emergency Planning and Security Costs in the District of Columbia''
at a rate for operations of $47,000,000, for an additional amount for
costs associated with the Presidential Inauguration to be held in
January 2025: Provided, That such amounts may be apportioned up to the
rate for operations necessary to maintain emergency planning and
security activities relating to such Presidential Inauguration.
Sec. 122. Notwithstanding any other provision of this Act, except
section 106, the District of Columbia may expend local funds made
available under the heading ``District of Columbia--District of
Columbia Funds'' for such programs and activities under the District of
Columbia Appropriations Act, 2024 (title IV of division B of Public Law
118-47) at the rate set forth in the Fiscal Year 2025 Local Budget Act
of 2024 (D.C. Act 25-501), as modified as of the date of the enactment
of this Act.
Sec. 123. Notwithstanding section 101, for ``Executive Office of
the President and Funds Appropriated to the President--Office of
Administration--Presidential Transition Administrative Support'', there
is appropriated $8,000,000, for expenses necessary to carry out the
Presidential Transition Act of 1963 and other similar expenses:
Provided, That such funds may be transferred to other accounts that
provide funding for offices within the Executive Office of the
President and the Office of the Vice President in this Act or any other
Act, to carry out such purposes: Provided further, That such amounts
may be apportioned up to the rate for operations necessary to carry out
such responsibilities.
Sec. 124. Notwithstanding section 106, for the duration of fiscal
year 2025, amounts made available under section 601(f)(3) of the Social
Security Act (42 U.S.C. 801(f)(3)) shall be available for any necessary
expenses of the Department of the Treasury Office of Inspector General
with respect to section 601 of that Act, subtitle A of title V of
division N of the Consolidated Appropriations Act of 2021, or section
3201 of the American Rescue Plan Act of 2021, in addition to amounts
otherwise available for such purposes.
Sec. 125. Notwithstanding section 101, the second proviso under
the heading ``Office of Personnel Management--Salaries and Expenses''
in title V of division B of Public Law 118-47 shall be applied by
substituting ``$204,975,000'' for ``$192,975,000''.
Sec. 126. (a) Notwithstanding section 101, section 747 of title VII
of division B of Public Law 118-47 shall be applied during the period
covered by this Act by--
(1) substituting ``2026'' for ``2025'';
(2) substituting ``2025'' for ``2024'' each place it
appears;
(3) substituting ``2024'' for ``2023'' each place it
appears; and
(4) substituting ``section 747 of title VII of division B
of Public Law 118-47, as in effect on September 30, 2024'' for
``section 747 of division E of Public Law 117-328'' each place
it appears.
(b) Subsection (a) shall not take effect until the first day of the
first applicable pay period beginning on or after January 1, 2025.
Sec. 127. Notwithstanding section 104, amounts provided by section
101 to the Department of Homeland Security for ``Coast Guard--
Procurement, Construction, and Improvements'' may be used for closeout
costs relating to the C-27J missionization program.
Sec. 128. During the period covered by this Act, section
11223(b)(2) of division K of Public Law 117-263 shall be applied by
substituting ``shall not apply'' for ``shall apply''.
Sec. 129. Amounts made available by section 101 to the Department
of Homeland Security under the heading ``Federal Emergency Management
Agency--Disaster Relief Fund'' may be apportioned up to the rate for
operations necessary to carry out response and recovery activities
under the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.).
Sec. 130. In addition to amounts otherwise provided by section
101, for ``Federal Emergency Management Agency--Disaster Relief Fund'',
there is appropriated $10,000,000,000, for an additional amount for
fiscal year 2025, to remain available until expended, of which
$9,500,000,000 shall be for major disasters declared pursuant to the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.): Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Sec. 131. Amounts provided by section 101 to the Department of
Homeland Security for ``United States Secret Service--Operations and
Support'' may be apportioned up to the rate for operations necessary to
carry out protective operations, including activities related to
National Special Security Events and the 2024 Presidential Campaign.
Sec. 132. In addition to amounts otherwise provided by section
101, amounts are provided for ``Department of the Interior--National
Park Service--Operation of the National Park System'' at a rate for
operations of $5,000,000, for an additional amount for security and
visitor safety activities related to the Presidential Inaugural
Ceremonies.
Sec. 133. During the period covered by this Act, section 113 of
division G of Public Law 113-76, as amended by Public Law 116-6, shall
be applied by substituting ``2025'' for ``2024''.
Sec. 134. During the period covered by this Act, section
8206(b)(2)(C)(ii) of the Agriculture Act of 2014 (16 U.S.C.
2113a(b)(2)(C)(ii)) shall be applied by substituting the date that is 1
day after the date specified in section 106(3) of this Act for
``October 1, 2024''.
Sec. 135. (a) In addition to amounts otherwise provided by section
101, amounts are provided for ``Department of Health and Human
Services--Indian Health Service--Indian Health Services'' at a rate for
operations of $24,262,000, for an additional amount for costs of
staffing and operating facilities that were opened, renovated, or
expanded in fiscal years 2024 and 2025, and such amounts may be
apportioned up to the rate for operations necessary to staff and
operate such facilities.
(b) In addition to amounts otherwise provided by section 101,
amounts are provided for ``Department of Health and Human Services--
Indian Health Service--Indian Health Facilities'' at a rate for
operations of $2,060,000, for an additional amount for costs of
staffing and operating facilities that were opened, renovated, or
expanded in fiscal years 2024 and 2025, and such amounts may be
apportioned up to the rate for operations necessary to staff and
operate such facilities.
Sec. 136. Amounts provided by section 101 for ``Department of
Agriculture--Forest Service--Wildland Fire Management'' may be
apportioned up to the rate for operations necessary for wildfire
suppression activities.
Sec. 137. Amounts made available by section 101 for ``Domestic
Food Programs--Food and Nutrition Service--Commodity Assistance
Program'' may be apportioned up to the rate for operations necessary to
maintain current program caseload in the Commodity Supplemental Food
Program.
Sec. 138. Amounts provided by section 101 for ``Rural Housing
Service--Rural Community Facilities Program Account'' may be
apportioned up to the rate for operations necessary to maintain
activities as authorized by section 306 and described in section
381E(d)(1) of the Consolidated Farm and Rural Development Act.
Sec. 139. Amounts made available by section 101 for ``Farm Service
Agency--Agricultural Credit Insurance Fund Program Account'' may be
apportioned up to the rate for operations necessary to accommodate
approved applications for direct and guaranteed farm ownership loans,
as authorized by 7 U.S.C. 1922 et seq.
Sec. 140. Section 260 of the Agricultural Marketing Act of 1946 (7
U.S.C. 1636i) and section 942 of the Livestock Mandatory Reporting Act
of 1999 (7 U.S.C. 1635 note; Public Law 106-78) shall be applied by
substituting the date specified in section 106(3) of this Act for
``September 30, 2024''.
Sec. 141. Amounts made available by section 101 for ``Domestic
Food Programs--Food and Nutrition Service--Special Supplemental
Nutrition Program for Women, Infants, and Children (WIC)'' may be
apportioned at the rate for operations necessary to maintain
participation.
Sec. 142. Notwithstanding any other provision of this joint
resolution, there is appropriated:
(1) For payment to Beatrice Y. Payne, widow of Donald M.
Payne, Jr., late a Representative from the State of New Jersey,
$174,000.
(2) For payment to the heirs at law of Sheila Jackson Lee,
late a Representative from the State of Texas, $174,000.
(3) For payment to Elsie M. Pascrell, widow of William
Pascrell, Jr., late a Representative from the State of New
Jersey, $174,000.
Sec. 143. Notwithstanding section 101, section 126 of division A
of Public Law 118-42 shall be applied by substituting ``fiscal year
2017, 2018, 2019, and 2020'' for ``fiscal year 2017, 2018, and 2019''.
Sec. 144. (a) Amounts made available by section 101 for ``Veterans
Health Administration--Medical Services'' may be apportioned up to the
rate for operations necessary to maintain current program operations
including inpatient and outpatient care and treatment to beneficiaries
of the Department of Veterans Affairs and veterans described in section
1705(a) of title 38, United States Code.
(b) Amounts made available by section 101 for ``Veterans Health
Administration--Medical Support and Compliance'' may be apportioned up
to the rate for operations necessary to maintain administration of
medical, hospital, nursing home, domiciliary, supply, construction and
research activities authorized by law.
Sec. 145. Amounts provided by section 101 for ``Department of
Transportation--Office of the Secretary--Payments to Air Carriers'' may
be apportioned up to the rate for operations necessary to maintain
Essential Air Service program operations.
Sec. 146. Notwithstanding section 106 of this Act, for the
duration of fiscal year 2025, the Secretary of Housing and Urban
Development may use the unobligated balances of amounts made available
in prior fiscal years in the second paragraph under the heading
``Department of Housing and Urban Development--Public and Indian
Housing--Tenant-Based Rental Assistance'' to support additional
allocations under subparagraph (D) of paragraph (1) and subparagraph
(B) of paragraph (4) of such heading to prevent the termination of
rental assistance for families as a result of insufficient funding in
the calendar year 2024 funding cycle: Provided, That amounts repurposed
pursuant to this section that were previously designated by the
Congress as an emergency requirement pursuant to a concurrent
resolution on the budget or the Balanced Budget and Emergency Deficit
Control Act of 1985 are designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985: Provided
further, That such amounts shall be available only if the President
designates such amounts as an emergency requirement pursuant to section
251(b)(2)(A)(i).
Sec. 147. (a) Sections 1309(a) and 1319 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4016(a) and 4026) shall be applied by
substituting the date specified in section 106(3) of this Act for
``September 30, 2024''.
(b)(1) Subject to paragraph (2), this section shall become
effective immediately upon enactment of this Act.
(2) If this Act is enacted after September 30, 2024, this section
shall be applied as if it were in effect on September 30, 2024.
DIVISION B--SAVE ACT
SEC. 201. SHORT TITLE.
This division may be cited as the ``Safeguard American Voter
Eligibility Act'' or the ``SAVE Act''.
SEC. 202. ENSURING ONLY CITIZENS ARE REGISTERED TO VOTE IN ELECTIONS
FOR FEDERAL OFFICE.
(a) Definition of Documentary Proof of United States Citizenship.--
Section 3 of the National Voter Registration Act of 1993 (52 U.S.C.
20502) is amended--
(1) by striking ``as used'' and inserting ``(a) In
General.--As used''; and
(2) by adding at the end the following:
``(b) Documentary Proof of United States Citizenship.--As used in
this Act, the term `documentary proof of United States citizenship'
means, with respect to an applicant for voter registration, any of the
following:
``(1) A form of identification issued consistent with the
requirements of the REAL ID Act of 2005 that indicates the
applicant is a citizen of the United States.
``(2) A valid United States passport.
``(3) The applicant's official United States military
identification card, together with a United States military
record of service showing that the applicant's place of birth
was in the United States.
``(4) A valid government-issued photo identification card
issued by a Federal, State or Tribal government showing that
the applicant's place of birth was in the United States.
``(5) A valid government-issued photo identification card
issued by a Federal, State or Tribal government other than an
identification described in paragraphs (1) through (4), but
only if presented together with one or more of the following:
``(A) A certified birth certificate issued by a
State, a unit of local government in a State, or a
Tribal government which--
``(i) was issued by the State, unit of
local government, or Tribal government in which
the applicant was born;
``(ii) was filed with the office
responsible for keeping vital records in the
State;
``(iii) includes the full name, date of
birth, and place of birth of the applicant;
``(iv) lists the full names of one or both
of the parents of the applicant;
``(v) has the signature of an individual
who is authorized to sign birth certificates on
behalf of the State, unit of local government,
or Tribal government in which the applicant was
born;
``(vi) includes the date that the
certificate was filed with the office
responsible for keeping vital records in the
State; and
``(vii) has the seal of the State, unit of
local government, or Tribal government that
issued the birth certificate.
``(B) An extract from a United States hospital
Record of Birth created at the time of the applicant's
birth which indicates that the applicant's place of
birth was in the United States.
``(C) A final adoption decree showing the
applicant's name and that the applicant's place of
birth was in the United States.
``(D) A Consular Report of Birth Abroad of a
citizen of the United States or a certification of the
applicant's Report of Birth of a United States citizen
issued by the Secretary of State.
``(E) A Naturalization Certificate or Certificate
of Citizenship issued by the Secretary of Homeland
Security or any other document or method of proof of
United States citizenship issued by the Federal
government pursuant to the Immigration and Nationality
Act.
``(F) An American Indian Card issued by the
Department of Homeland Security with the classification
`KIC'.''.
(b) In General.--Section 4 of the National Voter Registration Act
of 1993 (52 U.S.C. 20503) is amended--
(1) in subsection (a), by striking ``subsection (b)'' and
inserting ``subsection (c)'';
(2) by redesignating subsection (b) as subsection (c); and
(3) by inserting after subsection (a) the following new
subsection:
``(b) Requiring Applicants To Present Documentary Proof of United
States Citizenship.--Under any method of voter registration in a State,
the State shall not accept and process an application to register to
vote in an election for Federal office unless the applicant presents
documentary proof of United States citizenship with the application.''.
(c) Registration With Application for Motor Vehicle Driver's
License.--Section 5 of the National Voter Registration Act of 1993 (52
U.S.C. 20504) is amended--
(1) in subsection (a)(1), by striking ``Each State motor
vehicle driver's license application'' and inserting ``Subject
to the requirements under section 8(j), each State motor
vehicle driver's license application'';
(2) in subsection (c)(1), by striking ``Each State shall
include'' and inserting ``Subject to the requirements under
section 8(j), each State shall include'';
(3) in subsection (c)(2)(B)--
(A) in clause (i), by striking ``and'' at the end;
(B) in clause (ii), by adding ``and'' at the end;
and
(C) by adding at the end the following new clause:
``(iii) verify that the applicant is a
citizen of the United States;'';
(4) in subsection (c)(2)(C)(i), by striking ``(including
citizenship)'' and inserting ``, including the requirement that
the applicant provides documentary proof of United States
citizenship''; and
(5) in subsection (c)(2)(D)(iii), by striking ``; and'' and
inserting the following: ``, other than as evidence in a
criminal proceeding or immigration proceeding brought against
an applicant who knowingly attempts to register to vote and
knowingly makes a false declaration under penalty of perjury
that the applicant meets the eligibility requirements to
register to vote in an election for Federal office; and''.
(d) Requiring Documentary Proof of United States Citizenship With
National Mail Voter Registration Form.--Section 6 of the National Voter
Registration Act of 1993 (52 U.S.C. 20505) is amended--
(1) in subsection (a)(1)--
(A) by striking ``Each State shall accept and use''
and inserting ``Subject to the requirements under
section 8(j), each State shall accept and use''; and
(B) by striking ``Federal Election Commission'' and
inserting ``Election Assistance Commission'';
(2) in subsection (b), by adding at the end the following:
``The chief State election official of a State shall take such
steps as may be necessary to ensure that residents of the State
are aware of the requirement to provide documentary proof of
United States citizenship to register to vote in elections for
Federal office in the State.'';
(3) in subsection (c)(1)--
(A) in subparagraph (A), by striking ``and'' at the
end;
(B) in subparagraph (B) by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(C) the person did not provide documentary proof
of United States citizenship when registering to
vote.''; and
(4) by adding at the end the following new subsection:
``(e) Ensuring Proof of United States Citizenship.--
``(1) Presenting proof of united states citizenship to
election official.--An applicant who submits the mail voter
registration application form prescribed by the Election
Assistance Commission pursuant to section 9(a)(2) or a form
described in paragraph (1) or (2) of subsection (a) shall not
be registered to vote in an election for Federal office
unless--
``(A) the applicant presents documentary proof of
United States citizenship in person to the office of
the appropriate election official not later than the
deadline provided by State law for the receipt of a
completed voter registration application for the
election; or
``(B) in the case of a State which permits an
individual to register to vote in an election for
Federal office at a polling place on the day of the
election and on any day when voting, including early
voting, is permitted for the election, the applicant
presents documentary proof of United States citizenship
to the appropriate election official at the polling
place not later than the date of the election.
``(2) Notification of requirement.--Upon receiving an
otherwise completed mail voter registration application form
prescribed by the Election Assistance Commission pursuant to
section 9(a)(2) or a form described in paragraph (1) or (2) of
subsection (a), the appropriate election official shall
transmit a notice to the applicant of the requirement to
present documentary proof of United States citizenship under
this subsection, and shall include in the notice instructions
to enable the applicant to meet the requirement.
``(3) Accessibility.--Each State shall, in consultation
with the Election Assistance Commission, ensure that reasonable
accommodations are made to allow an individual with a
disability who submits the mail voter registration application
form prescribed by the Election Assistance Commission pursuant
to section 9(a)(2) or a form described in paragraph (1) or (2)
of subsection (a) to present documentary proof of United States
citizenship to the appropriate election official.''.
(e) Requirements for Voter Registration Agencies.--Section 7 of the
National Voter Registration Act of 1993 (52 U.S.C. 20506) is amended--
(1) in subsection (a)--
(A) in paragraph (4)(A), by adding at the end the
following new clause:
``(iv) Receipt of documentary proof of
United States citizenship of each applicant to
register to vote in elections for Federal
office in the State.''; and
(B) in paragraph (6)--
(i) in subparagraph (A)(i)(I), by striking
``(including citizenship)'' and inserting ``,
including the requirement that the applicant
provides documentary proof of United States
citizenship'';
(ii) by redesignating subparagraph (B) as
subparagraph (C); and
(iii) by inserting after subparagraph (A)
the following new subparagraph:
``(B) ask the applicant the question, `Are you a
citizen of the United States?' and if the applicant
answers in the affirmative require documentary proof of
United States citizenship prior to providing the form
under subparagraph (C);''; and
(2) in subsection (c)(1), by inserting ``who are citizens
of the United States'' after ``for persons''.
(f) Requirements With Respect to Administration of Voter
Registration.--Section 8 of the National Voter Registration Act of 1993
(52 U.S.C. 20507) is amended--
(1) in subsection (a)--
(A) by striking ``In the administration of voter
registration'' and inserting ``Subject to the
requirements of subsection (j), in the administration
of voter registration''; and
(B) in paragraph (3)--
(i) in subparagraph (B), by striking ``or''
at the end; and
(ii) by adding at the end the following new
subparagraphs:
``(D) based on documentary proof or verified
information that the registrant is not a United States
citizen; or
``(E) the registration otherwise fails to comply
with applicable State law;'';
(2) by redesignating subsection (j) as subsection (l); and
(3) by inserting after subsection (i) the following new
subsections:
``(j) Ensuring Only Citizens Are Registered To Vote.--
``(1) In general.--Notwithstanding any other provision of
this Act, a State may not register an individual to vote in
elections for Federal office held in the State unless, at the
time the individual applies to register to vote, the individual
provides documentary proof of United States citizenship.
``(2) Additional processes in certain cases.--
``(A) Process for those without documentary
proof.--
``(i) In general.--Subject to any relevant
guidance adopted by the Election Assistance
Commission, each State shall establish a
process under which an applicant who cannot
provide documentary proof of United States
citizenship under paragraph (1) may, if the
applicant signs an attestation under penalty of
perjury that the applicant is a citizen of the
United States and eligible to vote in elections
for Federal office, submit such other evidence
to the appropriate State or local official
demonstrating that the applicant is a citizen
of the United States and such official shall
make a determination as to whether the
applicant has sufficiently established United
States citizenship for purposes of registering
to vote in elections for Federal office in the
State.
``(ii) Affidavit requirement.--If a State
or local official makes a determination under
clause (i) that an applicant has sufficiently
established United States citizenship for
purposes of registering to vote in elections
for Federal office in the State, such
determination shall be accompanied by an
affidavit developed under clause (iii) signed
by the official swearing or affirming the
applicant sufficiently established United
States citizenship for purposes of registering
to vote.
``(iii) Development of affidavit by the
election assistance commission.--The Election
Assistance Commission shall develop a uniform
affidavit for use by State and local officials
under clause (ii), which shall--
``(I) include an explanation of the
minimum standards required for a State
or local official to register an
applicant who cannot provide
documentary proof of United States
citizenship to vote in elections for
Federal office in the State; and
``(II) require the official to
explain the basis for registering such
applicant to vote in such elections.
``(B) Process in case of certain discrepancies in
documentation.--Subject to any relevant guidance
adopted by the Election Assistance Commission, each
State shall establish a process under which an
applicant can provide such additional documentation to
the appropriate election official of the State as may
be necessary to establish that the applicant is a
citizen of the United States in the event of a
discrepancy with respect to the applicant's documentary
proof of United States citizenship.
``(3) State requirements.--Each State shall take
affirmative steps on an ongoing basis to ensure that only
United States citizens are registered to vote under the
provisions of this Act, which shall include the establishment
of a program described in paragraph (4) not later than 30 days
after the date of the enactment of this subsection.
``(4) Program described.--A State may meet the requirements
of paragraph (3) by establishing a program under which the
State identifies individuals who are not United States citizens
using information supplied by one or more of the following
sources:
``(A) The Department of Homeland Security through
the Systematic Alien Verification for Entitlements
(`SAVE') or otherwise.
``(B) The Social Security Administration through
the Social Security Number Verification Service, or
otherwise.
``(C) State agencies that supply State
identification cards or driver's licenses where the
agency confirms the United States citizenship status of
applicants.
``(D) Other sources, including databases, which
provide confirmation of United States citizenship
status.
``(5) Availability of information.--
``(A) In general.--At the request of a State
election official (including a request related to a
process established by a State under paragraph (2)(A)
or (2)(B)), any head of a Federal department or agency
possessing information relevant to determining the
eligibility of an individual to vote in elections for
Federal office shall, not later than 24 hours after
receipt of such request, provide the official with such
information as may be necessary to enable the official
to verify that an applicant for voter registration in
elections for Federal office held in the State or a
registrant on the official list of eligible voters in
elections for Federal office held in the State is a
citizen of the United States, which shall include
providing the official with such batched information as
may be requested by the official.
``(B) Use of save system.--The Secretary of
Homeland Security may respond to a request received
under paragraph (1) by using the system for the
verification of immigration status under the applicable
provisions of section 1137 of the Social Security Act
(42 U.S.C. 1320b-7), as established pursuant to section
121(c) of the Immigration Reform and Control Act of
1986 (Public Law 99-603).
``(C) Sharing of information.--The heads of Federal
departments and agencies shall share information with
each other with respect to an individual who is the
subject of a request received under paragraph (A) in
order to enable them to respond to the request.
``(D) Investigation for purposes of removal.--The
Secretary of Homeland Security shall conduct an
investigation to determine whether to initiate removal
proceedings under section 239 of the Immigration and
Nationality Act (8 U.S.C. 1229) if it is determined
pursuant to subparagraph (A) or (B) that an alien (as
such term is defined in section 101 of the Immigration
and Nationality Act (8 U.S.C. 1101)) is unlawfully
registered to vote in elections for Federal office.
``(E) Prohibiting fees.--The head of a Federal
department or agency may not charge a fee for
responding to a State's request under paragraph (A).
``(k) Removal of Noncitizens From Registration Rolls.--A State
shall remove an individual who is not a citizen of the United States
from the official list of eligible voters for elections for Federal
office held in the State at any time upon receipt of documentation or
verified information that a registrant is not a United States
citizen.''.
(g) Clarification of Authority of State To Remove Noncitizens From
Official List of Eligible Voters.--
(1) In general.--Section 8(a)(4) of the National Voter
Registration Act of 1993 (52 U.S.C. 20507(a)(4)) is amended--
(A) by striking ``or'' at the end of subparagraph
(A);
(B) by adding ``or'' at the end of subparagraph
(B); and
(C) by adding at the end the following new
subparagraph:
``(C) documentary proof or verified information
that the registrant is not a United States citizen;''.
(2) Conforming amendment.--Section 8(c)(2)(B)(i) of such
Act (52 U.S.C. 20507(c)(2)(B)(i)) is amended by striking
``(4)(A)'' and inserting ``(4)(A) or (C)''.
(h) Requirements With Respect to Federal Mail Voter Registration
Form.--
(1) Contents of mail voter registration form.--Section 9(b)
of such Act (52 U.S.C. 20508(b)) is amended--
(A) in paragraph (2)(A), by striking ``(including
citizenship)'' and inserting ``(including an
explanation of what is required to present documentary
proof of United States citizenship)'';
(B) in paragraph (3), by striking ``and'' at the
end;
(C) in paragraph (4), by striking the period at the
end and inserting ``; and''; and
(D) by adding at the end the following new
paragraph:
``(5) shall include a section, for use only by a State or
local election official, to record the type of document the
applicant presented as documentary proof of United States
citizenship, including the date of issuance, the date of
expiration (if any), the office which issued the document, and
any unique identification number associated with the
document.''.
(2) Information on mail voter registration form.--Section
9(b)(4) of such Act (52 U.S.C. 20508(b)(4)) is amended--
(A) by redesignating clauses (i) through (iii) as
subparagraphs (A) through (C), respectively; and
(B) in subparagraph (C) (as so redesignated and as
amended by paragraph (1)(C)), by striking ``; and'' and
inserting the following: ``, other than as evidence in
a criminal proceeding or immigration proceeding brought
against an applicant who attempts to register to vote
and makes a false declaration under penalty of perjury
that the applicant meets the eligibility requirements
to register to vote in an election for Federal office;
and''.
(i) Private right of action.--Section
11(b)(1) of the National Voter Registration Act
of 1993 (52 U.S.C. 20510(b)(1)) is amended by
striking ``a violation of this Act'' and
inserting ``a violation of this Act, including
the act of an election official who registers
an applicant to vote in an election for Federal
office who fails to present documentary proof
of United States citizenship,''.
(j) Criminal Penalties.--Section 12(2) of such Act (52 U.S.C.
20511(2)) is amended--
(1) by striking ``or'' at the end of subparagraph (A);
(2) by redesignating subparagraph (B) as subparagraph (D);
and
(3) by inserting after subparagraph (A) the following new
subparagraphs:
``(B) in the case of an officer or employee of the
executive branch, providing material assistance to a
noncitizen in attempting to register to vote or vote in
an election for Federal office;
``(C) registering an applicant to vote in an
election for Federal office who fails to present
documentary proof of United States citizenship; or''.
(k) Applicability of Requirements to Certain States.--
(1) In general.--Subsection (c) of section 4 of the
National Voter Registration Act of 1993 (52 U.S.C. 20503), as
redesignated by subsection (b), is amended by striking ``This
Act does not apply to a State'' and inserting ``Except with
respect to the requirements under subsection (i) and (j) of
section 8 in the case of a State described in paragraph (2),
this Act does not apply to a State''.
(2) Permitting states to adopt requirements after
enactment.--Section 4 of such Act (52 U.S.C. 20503) is amended
by adding at the end the following new subsection:
``(d) Permitting States To Adopt Certain Requirements After
Enactment.--Subsections (i) and (j) of section 8 shall not apply to a
State described in subsection (c)(2) if the State, by law or
regulation, adopts requirements which are identical to the requirements
under such subsections not later than 60 days prior to the date of the
first election for Federal office which is held in the State after the
date of the enactment of the SAVE Act.''.
SEC. 203. ELECTION ASSISTANCE COMMISSION GUIDANCE.
Not later than 10 days after the date of the enactment of this
division, the Election Assistance Commission shall adopt and transmit
to the chief State election official of each State guidance with
respect to the implementation of the requirements under the National
Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.), as amended by
section 202.
SEC. 204. INAPPLICABILITY OF PAPERWORK REDUCTION ACT.
Subchapter I of chapter 35 of title 44 (commonly referred to as the
``Paperwork Reduction Act'') shall not apply with respect to the
development or modification of voter registration materials under the
National Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.), as
amended by section 202, including the development or modification of
any voter registration application forms.
SEC. 205. DUTY OF SECRETARY OF HOMELAND SECURITY TO NOTIFY ELECTION
OFFICIALS OF NATURALIZATION.
Upon receiving information that an individual has become a
naturalized citizen of the United States, the Secretary of Homeland
Security shall promptly provide notice of such information to the
appropriate chief election official of the State in which such
individual is domiciled.
SEC. 206. RULE OF CONSTRUCTION REGARDING PROVISIONAL BALLOTS.
Nothing in this division or in any amendment made by this division
may be construed to supercede, restrict, or otherwise affect the
ability of an individual to cast a provisional ballot in an election
for Federal office or to have the ballot counted in the election if the
individual is verified as a citizen of the United States pursuant to
section 8(j) of the National Voter Registration Act of 1993 (as added
by section 202(f)).
SEC. 207. RULE OF CONSTRUCTION REGARDING EFFECT ON STATE EXEMPTIONS
FROM OTHER FEDERAL LAWS.
Nothing in this division or in any amendment made by this division
may be construed to affect the exemption of a State from any
requirement of any Federal law other than the National Voter
Registration Act of 1993 (52 U.S.C. 20501 et seq.).
SEC. 208. EFFECTIVE DATE.
This division and the amendments made by this division shall take
effect on the date of the enactment of this division, and shall apply
with respect to applications for voter registration which are submitted
on or after such date.
<all>