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[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>
```