[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Pages S4961-S4963]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2646. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of title X, add the following:

            Subtitle I--Safeguard American Voter Eligibility

     SEC. 1096. SHORT TITLE.

       This subtitle may be cited as the ``Safeguard American 
     Voter Eligibility Act'' or the ``SAVE Act''.

     SEC. 1097. 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

[[Page S4962]]

       (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''; and
       (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 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 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 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 officials under clause 
     (ii), which shall--

       ``(I) include an explanation of the minimum standards 
     required for a State 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 drivers 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)), the 
     Secretary of Homeland Security and the Commissioner of the 
     Social Security Administration shall, not later than 30 days 
     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 Secretary and the 
     Commissioner 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 the Secretary 
     and the Commissioner to respond to the request.

[[Page S4963]]

       ``(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 Secretary 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), by striking 
     the period at the end 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.''.
       (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 (C); 
     and
       (3) by inserting after subparagraph (A) the following new 
     subparagraph:
       ``(B) 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.--
     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 section 8(j), this Act does not apply to a 
     State''.
       (l) Effective Date.--The amendments made by this section 
     shall take effect on the date of enactment of this Act, and 
     shall apply with respect to applications for voter 
     registration which are submitted on or after such date.

     SEC. 1098. ELECTION ASSISTANCE COMMISSION GUIDANCE.

       Not later than 10 days after the date of the enactment of 
     this Act, 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 section 1097.

     SEC. 1099. 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 section 1097, including the 
     development or modification of any voter registration 
     application forms.
                                 ______