HR9494-118

1. Short title This Act may be cited as the Continuing Appropriations and Other Matters Act, 2025.

2. Table of contents The table of contents for this Act is as follows:

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.

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:

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: The Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2024 (division B of Public Law 118–42). The Commerce, Justice, Science, and Related Agencies Appropriations Act, 2024 (division C of Public Law 118–42). The Department of Defense Appropriations Act, 2024 (division A of Public Law 118–47). The Energy and Water Development and Related Agencies Appropriations Act, 2024 (division D of Public Law 118–42). The Financial Services and General Government Appropriations Act, 2024 (division B of Public Law 118–47), except section 637. The Department of Homeland Security Appropriations Act, 2024 (division C of Public Law 118–47), except section 546(e). The Department of the Interior, Environment, and Related Agencies Appropriations Act, 2024 (division E of Public Law 118–42), except section 447. The Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2024 (division D of Public Law 118–47). 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. The Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2024 (division A of Public Law 118–42), except section 259. The Department of State, Foreign Operations, and Related Programs Appropriations Act, 2024 (division F of Public Law 118–47), except section 7075(a). The Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2024 (division F of Public Law 118–42).

102. No appropriation or funds made available or authority granted pursuant to section 101 for the Department of Defense shall be used for: the new production of items not funded for production in fiscal year 2024 or prior years; the increase in production rates above those sustained with fiscal year 2024 funds; or 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. 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.

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.

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.

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.

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: The enactment into law of an appropriation for any project or activity provided for in this Act. The enactment into law of the applicable appropriations Act for fiscal year 2025 without any provision for such project or activity. March 28, 2025.

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.

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.

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.

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.

111. 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). 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.

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.

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)).

114. 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. 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. 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. This section shall become effective immediately upon enactment of this Act, and shall remain in effect through the date in section 106(3).

115. Rescissions or cancellations of discretionary budget authority that continue pursuant to section 101 in Treasury Appropriations Fund Symbols (TAFS)— 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 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. Rescissions or cancellations described in subsection (a) shall continue in an amount equal to the lesser of— the amount specified for rescission or cancellation in the applicable appropriations Act referenced in section 101 of this Act; or 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. 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.

118. 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. 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).

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.

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.

126. 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— substituting 2026 for 2025; substituting 2025 for 2024 each place it appears; substituting 2024 for 2023 each place it appears; and 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. Subsection (a) shall not take effect until the first day of the first applicable pay period beginning on or after January 1, 2025.

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.

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.

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.).

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

144. 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. 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.

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.

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).

147. 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. Subject to paragraph (2), this section shall become effective immediately upon enactment of this Act. If this Act is enacted after September 30, 2024, this section shall be applied as if it were in effect on September 30, 2024.

201. Short title This division may be cited as the Safeguard American Voter Eligibility Act or the SAVE Act.

202. Ensuring only citizens are registered to vote in elections for Federal office Section 3 of the National Voter Registration Act of 1993 (52 U.S.C. 20502) is amended— by striking as used and inserting (a) In general.—As used; and by adding at the end the following: 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: 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. A valid United States passport. 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. 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. 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 certified birth certificate issued by a State, a unit of local government in a State, or a Tribal government which— was issued by the State, unit of local government, or Tribal government in which the applicant was born; was filed with the office responsible for keeping vital records in the State; includes the full name, date of birth, and place of birth of the applicant; lists the full names of one or both of the parents of the applicant; 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; includes the date that the certificate was filed with the office responsible for keeping vital records in the State; and has the seal of the State, unit of local government, or Tribal government that issued the birth certificate. 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. A final adoption decree showing the applicant’s name and that the applicant’s place of birth was in the United States. 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. 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. An American Indian Card issued by the Department of Homeland Security with the classification KIC. Section 4 of the National Voter Registration Act of 1993 (52 U.S.C. 20503) is amended— in subsection (a), by striking subsection (b) and inserting subsection (c); by redesignating subsection (b) as subsection (c); and by inserting after subsection (a) the following new subsection: 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. Section 5 of the National Voter Registration Act of 1993 (52 U.S.C. 20504) is amended— 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; in subsection (c)(1), by striking Each State shall include and inserting Subject to the requirements under section 8(j), each State shall include; in subsection (c)(2)(B)— in clause (i), by striking and at the end; in clause (ii), by adding and at the end; and by adding at the end the following new clause: verify that the applicant is a citizen of the United States; 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 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. Section 6 of the National Voter Registration Act of 1993 (52 U.S.C. 20505) is amended— in subsection (a)(1)— 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 by striking Federal Election Commission and inserting Election Assistance Commission; 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.; in subsection (c)(1)— in subparagraph (A), by striking and at the end; in subparagraph (B) by striking the period at the end and inserting ; and; and by adding at the end the following new subparagraph: the person did not provide documentary proof of United States citizenship when registering to vote. by adding at the end the following new subsection: 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— 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 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. 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. 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. Section 7 of the National Voter Registration Act of 1993 (52 U.S.C. 20506) is amended— in subsection (a)— in paragraph (4)(A), by adding at the end the following new clause: Receipt of documentary proof of United States citizenship of each applicant to register to vote in elections for Federal office in the State. in paragraph (6)— in subparagraph (A)(i)(I), by striking (including citizenship) and inserting , including the requirement that the applicant provides documentary proof of United States citizenship; by redesignating subparagraph (B) as subparagraph (C); and by inserting after subparagraph (A) the following new subparagraph: 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); in subsection (c)(1), by inserting who are citizens of the United States after for persons. Section 8 of the National Voter Registration Act of 1993 (52 U.S.C. 20507) is amended— in subsection (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 in paragraph (3)— in subparagraph (B), by striking or at the end; and by adding at the end the following new subparagraphs: based on documentary proof or verified information that the registrant is not a United States citizen; or the registration otherwise fails to comply with applicable State law; by redesignating subsection (j) as subsection (l); and by inserting after subsection (i) the following new subsections: 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. 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. 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. The Election Assistance Commission shall develop a uniform affidavit for use by State and local officials under clause (ii), which shall— 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 require the official to explain the basis for registering such applicant to vote in such elections. 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. 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. 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: The Department of Homeland Security through the Systematic Alien Verification for Entitlements (SAVE) or otherwise. The Social Security Administration through the Social Security Number Verification Service, or otherwise. State agencies that supply State identification cards or driver’s licenses where the agency confirms the United States citizenship status of applicants. Other sources, including databases, which provide confirmation of United States citizenship status. 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. 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). 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. 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. The head of a Federal department or agency may not charge a fee for responding to a State’s request under paragraph (A). 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. Section 8(a)(4) of the National Voter Registration Act of 1993 (52 U.S.C. 20507(a)(4)) is amended— by striking or at the end of subparagraph (A); by adding or at the end of subparagraph (B); and by adding at the end the following new subparagraph: documentary proof or verified information that the registrant is not a United States citizen; 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). Section 9(b) of such Act (52 U.S.C. 20508(b)) is amended— 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); in paragraph (3), by striking and at the end; in paragraph (4), by striking the period at the end and inserting ; and; and by adding at the end the following new paragraph: 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. Section 9(b)(4) of such Act (52 U.S.C. 20508(b)(4)) is amended— by redesignating clauses (i) through (iii) as subparagraphs (A) through (C), respectively; and 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. 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,. Section 12(2) of such Act (52 U.S.C. 20511(2)) is amended— by striking or at the end of subparagraph (A); by redesignating subparagraph (B) as subparagraph (D); and by inserting after subparagraph (A) the following new subparagraphs: 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; registering an applicant to vote in an election for Federal office who fails to present documentary proof of United States citizenship; or 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. Section 4 of such Act (52 U.S.C. 20503) is amended by adding at the end the following new subsection: 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. (b)Documentary proof of united states citizenshipAs 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)Requiring applicants To present documentary proof of united states citizenshipUnder 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.. (iii)verify that the applicant is a citizen of the United States;; (C)the person did not provide documentary proof of United States citizenship when registering to vote.; and (e)Ensuring proof of united states citizenship (1)Presenting proof of united states citizenship to election officialAn 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 requirementUpon 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)AccessibilityEach 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.. (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)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 (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;; (j)Ensuring only citizens are registered To vote (1)In generalNotwithstanding 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 generalSubject 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 requirementIf 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 commissionThe 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 documentationSubject 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 requirementsEach 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 describedA 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 generalAt 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 systemThe 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 informationThe 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 removalThe 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 feesThe 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 rollsA 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.. (C)documentary proof or verified information that the registrant is not a United States citizen;. (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.. (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. (d)Permitting states To adopt certain requirements after enactmentSubsections (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..

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.

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.

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.

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)).

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.).

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.