To amend the Help America Vote Act of 2002 to require an individual to provide proof that the individual is a citizen of the United States and to present a government-issued photo identification as a condition of casting a ballot in an election for Federal office, and for other purposes.

Summary: Voter Integrity Protection Act of 2006 - Amends the Help America Vote Act of 2002 to require an individual to present proof of U.S. citizenship and a government-issued photo identification as a condition of casting a ballot in a federal election.

Requires states also to require voters to present photo identification in a federal election.

Requires each state to establish a program to provide free photo identification to eligible voters in elections held in the state who do not otherwise possess a government-issued photo identification.

Directs the Election Assistance Commission to make payments to states to cover costs of making such photo identifications available.

Amends federal highway law to require the withholding of highway funds from any state not in compliance with the requirements of this Act.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Voter Integrity Protection Act of 
2006''.

SEC. 2. PROOF OF CITIZENSHIP REQUIRED FOR CASTING BALLOT.

    (a) In General.--Section 303 of the Help America Vote Act of 2002 
(42 U.S.C. 15483) is amended--
            (1) by redesignating subsections (c) and (d) as subsections 
        (d) and (e); and
            (2) by inserting after subsection (b) the following new 
        subsection:
    ``(c) Requiring Proof of Citizenship at Polling Place.--
            ``(1) Individuals voting in person.--Notwithstanding any 
        other provision of law, the appropriate State or local election 
        official may not provide a ballot for an election for Federal 
        office (including a provisional ballot under section 302(a)) to 
        an individual who desires to vote in person unless the 
        individual presents to the official a photographic copy of any 
        document which provides proof that the individual is a citizen 
        of the United States.
            ``(2) Individuals voting by mail.--Notwithstanding any 
        other provision of law, the appropriate State or local election 
        official may not accept any ballot for an election for Federal 
        office provided by an individual who votes by mail unless the 
        individual submits with the ballot a photographic copy of any 
        document which provides proof that the individual is a citizen 
        of the United States.
            ``(3) Exception for individuals with proof of citizenship 
        on file with election official.--Paragraphs (1) and (2) shall 
        not apply in the case of an individual who, at the time the 
        individual applied to register to vote in Federal elections in 
        the State involved, provided the appropriate State election 
        official with a photographic copy of a document which provided 
        proof that the individual is a citizen of the United States.
            ``(4) Treatment of driver's licenses.--For purposes of this 
        subsection, a motor vehicle driver's license shall not be 
        treated as a document which provides proof that the individual 
        to whom the license is issued is a citizen of the United States 
        unless the State issuing the license required the individual to 
        provide proof of the individual's United States citizenship as 
        a condition of receiving the license.''.
    (b) Conforming Amendment.--Section 303 of such Act (42 U.S.C. 
15483) is amended in the heading by striking ``for voters who register 
by mail'' and inserting ``for preventing voting fraud''.
    (c) Clerical Amendment.--The table of contents of such Act is 
amended by amending the item relating to section 303 to read as 
follows:

``Sec. 303. Computerized statewide voter registration list requirements 
                            and requirements for preventing voting 
                            fraud.''.
    (d) Effective Date.--Section 303(e) of such Act (42 U.S.C. 
15483(e)), as redesignated by subsection (a)(1), is amended by adding 
at the end the following new paragraph:
            ``(3) Proof of citizenship.--Subsection (c) shall apply 
        with respect to the regularly scheduled general election for 
        Federal office held in November 2008 and each succeeding 
        election for Federal office.''.

SEC. 3. REQUIRING PHOTO IDENTIFICATION.

    (a) Requirement.--
            (1) In general.--Subtitle A of title III of the Help 
        America Vote Act of 2002 (42 U.S.C. 15481 et seq.) is amended--
                    (A) by redesignating sections 304 and 305 as 
                sections 305 and 306; and
                    (B) by inserting after section 303 the following 
                new section:

``SEC. 304. REQUIRING VOTERS TO PRESENT PHOTO IDENTIFICATION.

    ``(a) In General.--Notwithstanding section 303(b), each State shall 
require any individual who desires to cast a ballot in an election for 
Federal office--
            ``(1) in the case of an individual voting in person, to 
        present to the appropriate election official a current valid 
        photo identification which is issued by a governmental entity; 
        or
            ``(2) in the case of an individual voting by mail, to 
        submit with the ballot a copy of a current valid photo 
        identification which is issued by a governmental entity.
    ``(b) Making Photo Identifications Available at No Cost for 
Purposes of Casting Ballots in Elections.--
            ``(1) In general.--Each State shall establish a program to 
        provide photo identifications which may be used to meet the 
        requirements of subsection (a) by individuals who desire to 
        vote in elections held in the State but who do not otherwise 
        possess a government-issued photo identification, at no cost to 
        the individual.
            ``(2) Identifications not to be used for other purposes.--
        Any photo identification provided under the program established 
        under paragraph (1) may not serve as a government-issued photo 
        identification for purposes of any program or function of a 
        State or local government other than the administration of 
        elections.
    ``(c) Effective Date.--Each State shall be required to comply with 
the requirements of this section (a) with respect to the regularly 
scheduled general election for Federal office held in November 2008 and 
each succeeding election for Federal office.''.
            (2) Conforming amendments.--
                    (A) Effect on current requirements.--Section 
                303(b)(1) of such Act (42 U.S.C. 15483(b)(1)) is 
                amended by striking ``paragraph (3)'' and inserting 
                ``paragraph (3) and section 304''.
                    (B) Enforcement.--Section 401 of such Act (42 
                U.S.C. 15511) is amended by striking ``and 303'' and 
                inserting ``303, and 304''.
            (3) Clerical amendment.--The table of contents of such Act 
        is amended--
                    (A) by redesignating the items relating to sections 
                304 and 305 as relating to sections 305 and 306; and
                    (B) by inserting after the item relating to section 
                303 the following:

``Sec. 304. Requiring voters to present photo identification.''.
    (b) Payments to States To Cover Costs of Making Photo 
Identifications Available.--
            (1) In general.--Subtitle D of title II of such Act (42 
        U.S.C. 15321 et seq.) is amended by adding at the end the 
        following new part:

  ``PART 7--PAYMENTS TO COVER COSTS OF PROVIDING PHOTO IDENTIFICATIONS

``SEC. 297. PAYMENTS TO COVER COSTS TO STATES OF PROVIDING PHOTO 
              IDENTIFICATIONS FOR VOTING.

    ``(a) Payments to States.--The Commission shall make payments each 
year to reimburse the States for the costs incurred in providing photo 
identifications under the program established under section 304(b)(1).
    ``(b) Amount of Payment.--The amount of the payment made to a State 
under this part for any year shall be equal to the amount expended by 
the State during the year in carrying out the program established under 
section 304(b)(1), as determined on the basis of information furnished 
to the Commission by the State at such time and in such form as the 
Commission may require.

``SEC. 297A. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated for payments under this 
part such sums as may be necessary for fiscal year 2008 and each 
succeeding fiscal year.''.
            (2) Clerical amendment.--The table of contents of such Act 
        is amended by adding at the end of the item relating to 
        subtitle D of title II the following:

  ``Part 7--Payments To Cover Costs of Providing Photo Identifications

``Sec. 297. Payments to cover costs to States of providing photo 
                            identifications for voting.
``Sec. 297A. Authorization of appropriations.''.

SEC. 4. WITHHOLDING OF HIGHWAY FUNDS.

    (a) In General.--Chapter 1 of title 23, United States Code, is 
amended by adding at the end the following:
``Sec. 167. Requirements for preventing voting fraud
    ``(a) Withholding of Apportionments for Noncompliance.--On October 
1, 2008, and October 1 of each fiscal year thereafter, if a State does 
not meet the requirement of subsection (b), the Secretary shall 
withhold from amounts apportioned to the State on that date under each 
of paragraphs (1), (3), and (4) of section 104(b) the following 
percentage of such amounts:
            ``(1) For fiscal year 2009, 10 percent.
            ``(2) For fiscal year 2010, 20 percent.
            ``(3) For fiscal year 2011, 30 percent.
            ``(4) For fiscal year 2012, and each fiscal year 
        thereafter, 40 percent.
    ``(b) Requirement.--A State meets the requirements of this 
subsection if the State has enacted and is enforcing, as determined by 
the Election Assistance Commission, a law that complies with the 
requirements of sections 303(c) and 304 of the Help America Vote Act of 
2002 (42 U.S.C. 15483(c) and 42 U.S.C. 15484).
    ``(c) Period of Availability; Effect of Compliance and 
Noncompliance.--If, within 4 years from the date that an apportionment 
for a State is withheld in accordance with this section, the State 
meets the requirements of subsection (b), the apportionment of the 
State shall be increased by an amount equal to the amount withheld. If, 
at the end of such 4-year period, the State does not meet the 
requirements of subsection (b), any amounts so withheld from the State 
shall lapse.''.
    (b) Clerical Amendment.--The analysis for such chapter is amended 
by adding at the end the following:

``167. Requirements for preventing voting fraud.''.