[House Report 118-389]
[From the U.S. Government Publishing Office]


118th Congress }                                          { Report 
                        HOUSE OF REPRESENTATIVES
2nd Session    }                                          { 118-389

======================================================================
 
                     PROTECTING AMERICAN VOTERS ACT

                                _______
                                

 February 14, 2024.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. Steil, from the Committee on House Administration, submitted the 
                               following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 3162]

    The Committee on House Administration, to whom was referred 
the bill (H.R. 3162) to amend the National Voter Registration 
Act of 1993 to require the Secretary of Homeland Security and 
the Commissioner of Social Security to provide information to 
States upon request which will enable States to verify the 
citizenship status of applicants for voter registration in 
elections for Federal office in the State and remove 
individuals who are not citizens of the United States from the 
list of individuals registered to vote in elections for Federal 
office in the State, and for other purposes, having considered 
the same, reports favorably thereon without amendment and 
recommends that the bill do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     2
Background and Need for Legislation..............................     2
Committee Action.................................................     9
Committee Consideration..........................................    10
Committee Votes..................................................    10
Statement of Constitutional Authority............................    10
Committee Oversight Findings.....................................    11
Statement of Budget Authority and Related Items..................    12
Congressional Budget Office Estimate.............................    12
Performance Goals and Objectives.................................    12
Duplication of Federal Programs..................................    12
Advisory on Earmarks.............................................    12
Federal Mandates Statement.......................................    12
Advisory Committee Statement.....................................    13
Applicability to Legislative Branch..............................    13
Section-by-Section Analysis......................................    13
Changes in Existing Law as Reported..............................    14
Dissenting Views.................................................    21

                          Purpose and Summary

    H.R. 3162, the Protecting American Voters Act, introduced 
by Representative Chip Roy (TX-21) and co-sponsored by 
Representatives Matt Rosendale, Sr. (MT-02), Pete Sessions (TX-
17), and Michael C. Burgess (TX-26), amends the National Voter 
Registration Act (``NVRA'') to require the Department of 
Homeland Security and the Social Security Administration to 
provide States, at no cost, the information necessary to 
determine the U.S. citizenship status of individuals who have 
applied to register to vote in the state or who are listed on 
the state's voter rolls. It also clarifies that States can 
remove noncitizens from their voter rolls. In general, the 
Constitution vests States with the power to set and enforce 
voter qualifications. Almost every State requires their voters 
to be citizens of the United States. Similarly, federal law and 
many State laws prohibit noncitizens from voting in their 
elections. This legislation will require two federal agencies 
that maintain citizenship information to provide States upon 
request with the information they need to enforce state and 
federal noncitizen voting prohibitions and state U.S. 
citizenship voter qualifications.

                  Background and Need for Legislation


                               BACKGROUND

    Article I, Section 4 of the United States Constitution\1\ 
(``the Elections Clause'') explains that the States have the 
primary authority over election administration, the ``times, 
places, and manner of holding elections, which includes voter 
registration. Conversely, the Constitution grants the Congress 
a purely secondary role\2\ to alter or create election laws 
only in the extreme cases of invasion, legislative neglect, or 
obstinate refusal to pass election laws. As do other aspects of 
our federal system, this division of sovereignty continues to 
serve to protect one of Americans' most precious freedoms, the 
right to vote.\3\
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    \1\U.S. Const. art. I, Sec. 4, cl. 1 (``[t]he Times, Places and 
Manner of holding Elections for Senators and Representatives, shall be 
prescribed in each State by the Legislature thereof; but the Congress 
may at any time by Law make or alter such Regulations . . .'').
    \2\Although the text of the Elections Clause, read literally and 
without the benefit of context, might suggest Congress has unlimited 
authority in this space, an examination of an examination of history, 
precedent, the Framers' words, debates concerning ratification, the 
Supreme Court, and the Constitution itself provide that this is not the 
case. See Report: The Elections Clause: States' Primary Constitutional 
Authority Over Elections, Comm. on H. Admin. (Republicans) (Aug. 12, 
2021), https://republicanscha.house.gov/sites/
republicans.cha.house.gov/files/ documents/
Report_The%20Elections%20Clause_States%20Primary%20Constitutional%20 
Authority%20over%20Elections%20%28Aug%2011%202021%29.pdf.
    \3\Id.
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    The federal Constitution contains several voting rights 
amendments, all of which only protect ``the right of citizens 
of the United States'' in the voting process.\4\ To enforce 
those rights, federal law makes it unlawful for non-citizens to 
vote in federal elections.\5\ Similarly, federal law prohibits 
foreign nationals\6\ from contributing or donating in 
connection with a federal, state, or local election,\7\ making 
a contribution or donation to a committee of a political 
party,\8\ or making an expenditure (including an independent 
expenditure) or disbursement for an electioneering 
communication.\9\ Although the Supreme Court of the United 
States has never been presented with the question whether the 
foreign national prohibition violates the First Amendment, it 
has previously affirmed a three-judge court's decision, 
authored by then-Judge Kavanaugh, which upheld the foreign 
national prohibition with respect to foreign nationals who 
wanted to make contributions to federal and State 
candidates.\10\
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    \4\See U.S. Const. Amend. XV, Sec. 1 ``The right of citizens of the 
United States to vote shall not be denied or abridged by the United 
States or by any State on account of race, color, or previous condition 
of servitude.''; U.S. Const. Amend. XIX, Sec. 1 ``The right of citizens 
of the United States to vote shall not be denied or abridged by the 
United States or by any State on account of sex.''; U.S. Const. Amend. 
XXIV, Sec. 1 ``The right of citizens of the United States to vote in 
any primary or other election for President or Vice President, for 
electors for President or Vice President, or for Senator or 
Representative in Congress, shall not be denied or abridged by the 
United States or any State by reason of failure to pay any poll tax or 
other tax.''; U.S. Const. Amend. XXVI, Sec. 1 ``The right of citizens 
of the United States, who are eighteen years of age or older, to vote 
shall not be denied or abridged by the United States or by any State on 
account of age.''
    \5\See 18 U.S.C. Sec. 611. Each of the voting rights amendments 
listed in the previous footnote provide the authority for Congress to 
enforce the amendment by appropriate legislation. In South Carolina v. 
Katzenbach, the Supreme Court held that Congress has the power to act 
under this authority as it would any of its powers under Article I, 
Section 8 as articulated in McCulloch v. Maryland.; See South Carolina 
v. Katzenbach, 383, U.S. 301, 326-27 (1966). Allowing non-citizens to 
cast ballots in American elections weakens our electoral system, 
directly and indirectly impacts Federal policy and funding decisions 
and candidate choice through the election of State and local officials, 
dilutes the value of citizenship, and sows distrust in our elections 
system; Even if a State has the sovereign authority, no State should 
permit non-citizens to cast ballots in State or local elections. See 
U.S. Const. Amend. XIV; U.S. Const. Amend. XV; U.S. Const. Amend. XIX; 
U.S. Const. Amend. XXIV; U.S. Const. Amend. XXVI.
    \6\Federal law defines foreign national as an individual who is not 
a citizen of the United States and not lawfully admitted for permanent 
residence under 8 U.S.C. Sec. 1101(a)(20) or a foreign principal, as 
defined in 22 U.S.C. Sec. 611(b).
    \7\52 U.S.C. Sec. 30121(a)(1)(A).
    \8\Id. at Sec. 30121(a)(1)(B).
    \9\Id. at Sec. 30121(a)(1)(C). Federal law defines an 
electioneering communication as ``any broadcast, cable, or satellite 
communication which--refers to a clearly identified candidate for 
Federal office; is made within--60 days before a general, special, or 
runoff election for the office sought by the candidate; or 30 days 
before a primary or preference election, or a convention or caucus of a 
political party that has authority to nominate a candidate, for the 
office sought by the candidate; and in the case of a communication 
which refers to a candidate for an office other than President or Vice 
President, is targeted to the relevant electorate.'' Id. at 
Sec. 30104(f)(3).
    \10\See Bluman v. FEC, 800 F. Supp. 2d 281, 288 (D.D.C. 2011), 
aff'd, 565 U.S. 1104 (2012). Importantly, the three-judge decision did 
not rely on Congress' power under the Elections Clause of Article I, 
Section 4 to justify the foreign national spending prohibition. Cf. 
Report: The Elections Clause: States' Primary Constitutional Authority 
Over Elections, Comm. on H. Admin. (Republicans) (Aug. 12, 2021), 
https://republicanscha.house.gov/sites/republicans.cha.house.
gov/files/documents/
Report_The%20Elections%20Clause_States%20Primary%20Constitutional 
%20Authority%20over%20Elections%20%28Aug%2011%202021%29.pdf.
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    While the Elections Clause provides States the primary 
authority over election administration, it and other 
constitutional provisions also provide States the power to 
establish voter qualifications. Specifically, ``Article I, 
Sec. 2, cl. 1, provides that electors in each State for the 
House of Representatives `shall have the Qualifications 
requisite for Electors of the most numerous Branch of the State 
Legislature,' and the Seventeenth Amendment adopts the same 
criterion for senatorial elections.''\11\ Similarly, Article II 
gives State legislatures the power to appoint presidential 
electors\12\ and every State has delegated this responsibility 
to its voters.\13\ States can establish voter qualifications 
for voters voting in a presidential election that do not run 
afoul of other constitutional commands.\14\ These explicit 
constitutional commands make clear that States are given the 
authority to establish voter qualifications, not Congress; a 
principle the Supreme Court has reaffirmed twice in the past 
decade.\15\
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    \11\Arizona v. Inter Tribal Council of Ariz., Inc, 133 S.Ct. 2247, 
2258 (2013).
    \12\U.S. Const. Art. II, Sec. 1, cl. 2 ``Each state shall appoint, 
in such manner as the Legislature thereof may direct, a number of 
electors . . .''; See also Bush v. Gore, 531 U.S. 98, 104 (2000) (``The 
individual citizen has no federal constitutional right to vote for 
electors for the President of the United States unless and until the 
state legislature chooses a statewide election as the means to 
implement its power to appoint members of the electoral college.'')
    \13\See Chiafalo v. Washington, 140 S.Ct. 2316, 2328 (2020) 
(``State election laws evolved to reinforce that development, ensuring 
that a State's electors would vote the same way as its citizens. As 
noted earlier, state legislatures early dropped out of the picture; by 
the mid-1800s, ordinary voters chose electors.'')
    \14\See Williams v. Rhodes, 393 U.S. 23, 28-29 (1968) (``State laws 
enacted pursuant to Art. II, Sec. 1, of the Constitution to regulate 
the selection of electors must meet the requirements of the Equal 
Protection Clause of the Fourteenth Amendment.'')
    \15\See Inter Tribal Council, 133 S.Ct. at 2258; Husted v. A. 
Phillip Randolph Institute, 138 S. Ct. 1833, 1846 (2018) (``The 
Constitution gives States the authority to set the qualifications for 
voting in congressional elections, Art. I, Sec.  2, cl. 1; Amdt. 17, as 
well as the authority to set the ``Times, Places and Manner'' to 
conduct such elections in the absence of contrary congressional 
direction, Art. I, Sec. 4, cl. 1.'')
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    Every State has used its constitutional authority to 
establish voter qualifications often consisting of age, 
residency, and citizenship requirements.\16\ Several States 
have enshrined U.S. citizenship in their State constitution as 
a qualification for voters to vote in State elections.\17\ The 
Constitution permits States to enforce their U.S. citizenship 
qualification in different ways. Som\18\ while others only 
require the applicant to swear or affirm they are a citizen of 
the United States.\19\
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    \16\See Kramer v. Union Free School District 395 U.S. 621, 625 
(1969) (``. . . States have the power to impose reasonable citizenship, 
age, and residency requirements on the availability of the ballot.''); 
See also Carrington v. Rash, 380 U.S. 89, 91 (1965) (``There can be no 
doubt either of the historic function of the States to establish, on a 
nondiscriminatory basis, and in accordance with the Constitution, other 
qualifications for the exercise of the franchise.'')
    \17\See Laws permitting noncitizens to vote in the United States, 
Ballotpedia, available at https://ballotpedia.org/
Laws_permitting_noncitizens_to_vote_in_the _United_States.
    \18\See, e.g. A.R.S. Sec. 16-121.01; MS Code Sec. 23-15-15.
    \19\See MINN. STAT. 201.071 (2023) (explaining that an applicant 
must certify they are a citizen of the United States when they register 
to vote, but no documentary proof of citizenship is required.) See also 
National Mail Voter Registration Form, U.S. Election Assistance 
Commission (Dec. 29, 2023), https://www.eac.gov/voters/national-mail-
voter-registration-form (the National Mail Voter Registration Form only 
requires applicants registering to vote in a federal election to swear 
or affirm they are a United States citizen.)
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    The National Voter Registration Act (``NVRA'') was signed 
into law by President Bill Clinton in 1993 ``to establish 
procedures that will increase the number of eligible citizens 
who register to vote in elections for Federal office; . . . 
protect the integrity of the electoral process; and . . . 
ensure that accurate and current voter registration rolls are 
maintained.''\20\ The legislation is commonly referred to as 
the ``motor voter'' law because it requires States to provide 
individuals with voter registration materials when they apply 
for a driver's license.\21\
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    \20\52 U.S.C. Sec. 20501(b).
    \21\Id. at Sec. 20503(a).
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    Although almost no States allow noncitizens to vote in 
their elections, over 20 States do allow noncitizens to apply 
for driver's licenses.\22\ Unfortunately, because of human 
error in the process at the counter or in the computer system, 
noncitizens will be given voter registration forms and might 
unlawfully register to vote in at least some of these 
situations. This is not a hypothetical as Pennsylvania admitted 
that just a few years ago it had inadvertently allowed over 
10,000 noncitizens to register to vote via this process,\23\ 
and Texas has had similar problems with nearly 100,000 
registrations.\24\ And now that Pennsylvania and other States 
have implemented automatic voter registration when an applicant 
obtains a new or renewed driver license or identification card 
unless the applicant affirmatively opts-out, there is a strong 
possibility that at least some noncitizens will continue to end 
up on the voter rolls.\25\ When Illinois implemented automatic 
voter registration several years ago, hundreds of noncitizens 
ended up on the voter rolls.\26\
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    \22\See States Offering Driver's Licenses to Immigrants, National 
Conference of State Legislatures (Mar. 13, 2023), https://www.ncsl.org/
immigration/states-offering-drivers-licenses-to-immigrants.
    \23\Rowan Scarborough, Stephen Dinan, Pennsylvania admits to 11,000 
noncitizens registered to vote, Washington Times (Jan. 30, 2019), 
https://www.washingtontimes.com/news/2019/jan/30/pennsylvania-11000-
non-citizens-registered-vote/.; Pam Fessler, Some Noncitizens Do Wind 
Up Registered To Vote, But Usually Not On Purpose, National Public 
Radio (Feb. 26, 2019), https://www.npr.org/2019/02/26/697848417/some-
noncitizens-do-wind-up-registered-to-vote-but-usually- not-on-purpose.
    \24\Alexa Ura, Texas' renewed voter citizenship review is still 
flagging citizens as ``possible non-U.S. citizens'', The Texas Tribune 
(Dec. 17, 2021), https://www.texastribune.org/2021/12/17/texas-voter-
roll-review/.
    \25\Governor Shapiro Implements Automatic Voter Registration in 
Pennsylvania, Joining Bipartisan Group of States That Have Taken 
Commonsense Step to Make Voter Registration More Streamlined and 
Secure, Governor Josh Shapiro (Sept. 19, 2023), https://
www.governor.pa.gov/ newsroom/governor-shapiro-implements-automatic-
voter-registration-in-pennsylvania-joining-bipartisan-group-of-states-
that-have-taken-commonsense-step-to-make-voter-registration-more-
streamlined-and-secure/.
    \26\Mike Lowe, Hundreds of non-citizens registered to vote in 
Illinois due to technical glitch, WGN9 (Jan. 21, 2020), https://
wgntv.com/news/hundreds-of-non-citizens-registered-to-vote-in-
illinois-due-to-technical-glitch/.
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    The NVRA allows States to remove registered individuals 
from its voter rolls if the registrant requests it, if State 
law prohibits those individuals from exercising the franchise 
by reason of criminal conviction or mental incapacity, or if 
the State carries out a general program to remove voters that 
have died or moved.\27\ With the exceptions provided for in the 
preceding sentence, a State, within 90 days prior of a primary 
or general election for federal office cannot undertake a 
program with the purpose of systematically removing ineligible 
voters from its voter rolls.\28\ In addition, the NVRA also 
imposes strict guidelines the State must follow in carrying out 
a program to remove voters that have moved.\29\
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    \27\52 U.S.C. Sec. Sec. 20507(a)(3)-(4).
    \28\Id. at Sec. 20507(c)(2)(A).
    \29\Id. at Sec. 20507(b)-(e).
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    While the NVRA is premised squarely on the concept of only 
American citizens voting in federal elections,\30\ it does not 
expressly provide States with the authority to remove 
noncitizens from voter rolls. The NVRA's silence on this 
question only makes matters worse when combined with its 
convoluted provisions concerning the timing of a State's 
removal of ineligible registrants from its voter rolls. In 
2012, the Florida Secretary of State removed identified 
noncitizens from the state's voter rolls within the 90-day 
period before the primary and general election.\31\ When this 
program was challenged as occurring unlawfully within the 
NVRA's restricted 90-day timeframe, the district court held 
that noncitizen removal was exempt from the NVRA's restrictions 
because those only applied to registrants who were lawfully 
registered to vote in the first instance.\32\ But the United 
States Court of Appeals for the Eleventh Circuit reversed the 
district court, holding that the 90-day timeframe applies to 
any systematic removal program except for those that execute 
removal upon request by or death of the registrant, or as 
provided by State law by reason of criminal conviction or 
mental incapacity.\33\
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    \30\See Id. at Sec. Sec. 20501(a)-(b) (explaining that in the NVRA, 
Congress found the right of citizens to vote in the United States was a 
fundamental right, and two purposes of the NVRA are to increase the 
number of eligible citizens who register to vote and enhance their 
participation in elections for Federal office.)
    \31\Arcia v. Florida Secretary of State, 772 F. 3d 1335, 1339-40 
(11th Cir. 2014).
    \32\Arcia v. Detzner, 908 F. Supp. 2d 1276, 1282-83 (S.D. FL. 
2012).
    \33\Arcia, 772 F. 3d at 1345. While the NVRA does not define what a 
``systematic'' plan is, the court found Florida's plan to be systematic 
because it ``did not rely upon individualized information or 
investigation to determine which names from the voter registry to 
remove. Rather, the Secretary used a mass computerized data-matching 
process to compare the voter rolls with other state and federal 
databases, followed by the mailing of notices.''; Id. at 1344.
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    Congress created the U.S. Department of Homeland Security 
(DHS) in response to the terrorist attacks on September 11, 
2001, and DHS is the leading federal agency on matters of 
immigration.\34\ DHS houses the Systematic Alien Verification 
for Entitlements (SAVE) Program, which is ``designed to help 
federal, state, tribal, and local government agencies confirm 
citizenship and immigration status prior to granting benefits 
and licenses, as well as for other lawful purposes.''\35\
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    \34\Homeland Security Act of 2002, Pub. L. No. 107-296, 116 Stat. 
2135.
    \35\DHS/USCIS/PIA-006 Systematic Alien Verification for 
Entitlements (SAVE) Program, U.S. Department of Homeland Security, 
available at https://www.dhs.gov/publication/systematic-alien-
verification-entitlements-save-program.
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    The SAVE program allows DHS to verify the immigration 
status or naturalized or derived citizenship status for any 
individual listed in its database of processed names. The SAVE 
program is currently utilized for ``Social Security benefits, 
unemployment benefits, education assistance, housing 
assistance, public health care, Supplemental Nutrition 
Assistance Program (SNAP) benefits, Temporary Assistance for 
Needy Families, Medicaid, Children's Health Insurance Program 
(CHIP), conducting background investigations, armed forces 
recruitment, REAL ID compliance, and other purposes authorized 
by law.''\36\ SAVE only provides the requesting agency the 
information is has regarding the applicant; it does not 
determine the applicant's eligibility for a specific 
benefit.\37\ While the SAVE program is a potent tool, it cannot 
verify an applicant's status using only a first and last 
name\38\ but instead requires an individual's first name, last 
name, date of birth, and a numeric identifier from a U.S. 
government issued immigration document (e.g., Alien/USCIS 
Number; Form I-94 etc.) in order to conduct a successful 
query.\39\
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    \36\Privacy Impact Assessment for the Systematic Alien Verification 
for Entitlements Program, U.S. Department of Homeland Security (June 
30, 2020), https://www.dhs.gov/sites/default/files/publications/
privacy-pia-uscis006c-save-july2020.pdf.
    \37\Id.
    \38\Id.
    \39\U.S. Citizen and Immigration Services, SAVE Verification 
Process, (Dec. 19, 2023), https://www.uscis.gov/save/about-save/save-
verification-process#::text=For%20SAVE%20to%20verify%
20a,Departure%20Record%2C%20number%3B%20Student and https://
www.uscis.gov/save/about-save/save-verification-process.
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    In June of 2012, Florida sued DHS seeking access to the 
SAVE database to determine whether noncitizens were registered 
to vote in Florida.\40\ Following a settlement, DHS agreed to 
process requests from several States including Florida, Iowa, 
North Carolina, and others when they request the citizenship 
information of applicants registering to vote or of registrants 
already on the rolls.\41\ As recently as March of 2022, Georgia 
used the SAVE database to determine that almost 1,700 
applicants that were originally placed into the ``pending 
citizenship'' status in its voter registration database were 
noncitizens.\42\ However, DHS does not appear to be granting 
the same access to the SAVE program to each State, with some 
States reporting long processing delays or apparently ``slow-
walking'' of requests.\43\ Further, the fees charged to States 
by DHS for use of the SAVE database have limited its use.\44\
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    \40\Florida Department of State Receives Commitment from U.S. 
Department of Homeland Security to Provide Access to Citizenship 
Database, Florida Department of State (July 14, 2012), https://
dos.fl.gov/communications/press-releases/2012/florida-department-of-
state-receives-commitment-from-us-department-of-homeland-security-to-
provide-access-to-citizenship-database/.
    \41\Id.; See also Muzaffar Chishti, Faye Hipsman, State Access to 
Federal Immigration Data Stirs New Controversy in Debate over Voting 
Rights, Migration Policy Institute (Sept. 12, 2013), https://
www.migrationpolicy.org/article/state-access-federal-immigration-data-
stirs-new-controversy-debate-over-voting-rights.
    \42\Citizenship Audit Finds 1,634 Noncitizens Attempted to Register 
to Vote, Georgia Secretary of State Brad Raffensperger (Mar. 28, 2022), 
https://sos.ga.gov/news/citizenship-audit-finds-1634-noncitizens-
attempted-register-vote.
    \43\This information was provided by Texas to Committee on House 
Administration staff during oversight travel in March of 2022. See also 
Committee on House Administration's Faith in Elections Project.
    \44\Several States have complained to staff on the Committee on 
House Administration during oversight travel regarding the fees imposed 
by the Department of Homeland Security when a State requests it use its 
SAVE database to help with voter verification efforts.
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    Like DHS, the U.S. Social Security Administration (SSA) 
also maintains information regarding the citizenship status of 
individuals applying for Social Security numbers or other 
benefits that can help States confirm the citizenship status of 
applicants registering to vote or individuals already on the 
voter rolls. In the United States, having a lawfully issued 
Social Security number does not confer citizenship status. 
Rather, some noncitizens will have a Social Security number 
because they are lawfully authorized to work in the United 
States or have been admitted for permanent residence,\45\ but 
because they are not citizens, they are not permitted to vote 
or register to vote in federal elections and in almost every 
State for state elections. However, federal law is particularly 
strict on when the SSA is allowed to provide citizenship 
information to requesting agencies, and confirming the 
citizenship status of an applicant or registered voter is not a 
lawful disclosure.\46\ As such, SSA is not currently able to 
provide this information, even upon request.
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    \45\Abigail F. Kolker, William R. Morton, Noncitizen Eligibility 
for Employment Authorization and Work-Authorized Social Security 
Numbers, Congressional Research Service (Mar. 22, 2023), https://
crsreports.congress.gov/product/pdf/R/R47483.
    \46\Disclosure of Social Security Numbers, Office of Privacy and 
Civil Liberties U.S. Department of Justice (Oct. 11, 2022), https://
www.justice.gov/opcl/overview-privacy-act-1974-2020-edition/ssn. The 
Committee on House Administration believes federal law should be 
amended to require the Social Security Administration to share its 
Death Masterfile to help States determine whether voters on their rolls 
are still living.
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    In the 117th Congress, former Ranking Member on the 
Committee on House Administration, Representative Rodney Davis 
(IL-13), introduced H.R. 8528, the American Confidence in 
Elections Act\47\ that contained policies substantially similar 
to those contained in Representative Roy's H.R. 3162, the 
Protecting American Voters Act.
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    \47\American Confidence in Elections Act, H.R. 8528, 117th Cong. 
Sec. 2 (2022).
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    In the 118th Congress, Representative Bryan Steil (WI-01), 
introduced H.R. 4563, an updated version of the American 
Confidence in Elections Act\48\ (``ACE Act''), which includes a 
broader version of Rep. Roy's H.R. 3162, the Protecting 
American Voters Act. Under the ACE Act, any federal entity that 
maintains information relevant to the status of an individual 
registered to vote in elections for Federal office shall 
provide that information to the State, at no cost, upon 
request.
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    \48\American Confidence in Elections Act, H.R. 4562, 118th Cong. 
Sec. 1 (2023).
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                          NEED FOR LEGISLATION

    Representative Roy's (TX-21) Protecting American Voters Act 
would amend the NVRA to require the Department of Homeland 
Security and the Social Security Administration to provide 
States, at no cost, the information necessary to determine the 
U.S. citizenship status of individuals who have applied to 
register to vote in the state or who are listed on the state's 
voter rolls. It also clarifies that States can remove 
noncitizens from their voter rolls.
    The Committee on House Administration holds sincerely that 
every eligible American who wants to register to vote should be 
afforded the opportunity to do so, and the Committee encourages 
all eligible Americans to exercise their fundamental right to 
vote according to the Constitution. Federal law prohibits 
noncitizens from voting in federal elections and almost every 
State prohibits noncitizens from voting in their State and 
local elections. Moreover, almost every State requires 
citizenship as a qualification to register to vote. This 
legislation offers useful tools to States, who have the primary 
constitutional authority over federal elections,\49\ through 
ensuring access to citizenship information held by DHS and SSA 
so they can prevent noncitizens from voting in Federal and 
State elections. By requiring these federal agencies to provide 
this information to the States upon their request, the 
legislation respects the States' constitutional authority to 
impose reasonable voter qualifications\50\ and get the 
information necessary to enforce those qualifications.\51\
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    \49\See Report: The Elections Clause: States' Primary 
Constitutional Authority Over Elections, Comm. on H. Admin. 
(Republicans) (Aug. 12, 2021), https://republicanscha.house.gov/sites/
republicans.cha.house.gov/files/documents/
Report_The%20Elections%20Clause_States %20Primary%20
Constitutional%20Authority%20over%20Elections%20%28Aug%2011%202021%29.pd
f.
    \50\See supra note 16.
    \51\See Inter Tribal Council, 570 U.S. at 2258-59 (``. . . the 
power to establish voting requirements is of little value without the 
power to enforce those requirements, Arizona is correct that it would 
raise serious constitutional doubts if a federal statute precluded a 
State from obtaining the information necessary to enforce its voter 
qualifications.'').
---------------------------------------------------------------------------
    In the past, many States have used the DHS SAVE database as 
a successful tool to determine whether someone applying to vote 
or already registered to vote is a citizen of the United 
States. The database is very reliable with respect to the 
status of individuals who have interacted with DHS, and 
Federal, state, local, and Tribal governments all use it to 
confirm the citizenship status for a variety of different 
programs described above. Similarly, States that require 
documentary proof of citizenship when applicants register to 
vote can also utilize this information to determine citizenship 
status in the event the applicant does not have documentary 
proof. Unfortunately, DHS has not been reliably providing the 
information necessary when States request it, and the process 
is slow and expensive.\52\ And under the Eleventh Circuit's 
interpretation of the NVRA, if DHS provides States this 
information within the 90-day timeframe before a federal 
primary or general election, States cannot carry out a 
systematic removal of noncitizens from their rolls.\53\ To 
ensure that DHS, no matter who leads the agency, provides this 
information to States in a timely fashion, this legislation 
would now require DHS to provide citizenship information.
---------------------------------------------------------------------------
    \52\Mary Lou Masters, EXCLUSIVE: Chip Roy Introduces Bill To Crack 
Down On Non-Citizens Voting In US Elections, Daily Caller (May 5, 
2023), https://dailycaller.com/2023/05/05/exclusive-chip-roy-
introduces-bill-crack-down-illegal-immigrants-voting-us-elections/.
    \53\Arcia, 772 F. 3d at 1345.
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    In the event the DHS SAVE database does not provide States 
the information it needs to confirm the citizenship status of 
an applicant or registered individual, this legislation also 
allows SSA to provide information to States. SSA can supplement 
the DHS SAVE database in the event it does not contain the 
information a State needs to confirm an applicant or voter's 
citizenship status. SSA can also verify that the information in 
the DHS SAVE database is accurate. The legislation also allows 
DHS and SSA to work together on State requests and protects the 
privacy of the applicant or voter in question.
    Finally, the legislation also clarifies that States can 
remove noncitizens from their voter rolls. Although the text of 
the NVRA is silent on this question, the Eleventh Circuit 
interpreted it to allow States to remove noncitizens as long as 
it did not occur in a systematic way within the 90-day 
timeframe before a federal primary or general election.\54\ 
Allowing States to remove ineligible voters, like noncitizens, 
is constitutionally necessary so States can enforce their voter 
qualifications. This important clarification will give States 
the assurances they need that they can lawfully remove 
noncitizens from their voter rolls under the NVRA.
---------------------------------------------------------------------------
    \54\Id. at 1348 (``. . . the 90 Day Provision would not bar a state 
from investigating potential non-citizens and removing them on the 
basis of individualized information, even within the 90-day window. All 
that the 90 Day Provision prohibits is a program whose purpose is to 
`systematically remove the names of ineligible voters' from the voter 
rolls . . .''.)
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                            Committee Action


                       INTRODUCTION AND REFERRAL

    On May 9, 2023, Representative Chip Roy (TX-21), joined by 
Representatives Matt Rosendale, Sr. (MT-02), Pete Sessions (TX-
17), and Michael C. Burgess (TX-26) introduced H.R. 3162, the 
Protecting American Voters Act. The bill was referred to the 
U.S. House of Representatives Committee on House 
Administration.

                                HEARINGS

    For the purposes of clause 3(c)(6)(A) of House rule XIII, 
in the 118th Congress, the Committee held two full committee 
hearings and one subcommittee hearing to develop H.R. 3162.
          1. On April 27, 2023, the Committee held a full 
        committee hearing titled, ``American Confidence in 
        Elections: State Tools to Promote Voter Confidence.'' 
        The hearing focused on Title I of H.R. 4563, the 
        American Confidence in Elections Act, what tools States 
        need to boost voter integrity and strengthen voter 
        confidence, and how the federal government can provide 
        States with access to the information needed to 
        accomplish these goals. Witnesses included the 
        Honorable Ken Cuccinelli, Chairman, Election 
        Transparency Initiative, the Honorable Hans von 
        Spakovsky, Manager, Election Law Reform Initiative and 
        Senior Legal Fellow, the Heritage Foundation, the 
        Honorable Mac Warner, West Virginia Secretary of State, 
        the Honorable Donald Palmer Commissioner, U.S. Election 
        Assistance Commission, and Mr. Joseph Paul Gloria, 
        Chief Executive Officer for Operations, Election 
        Center.\55\
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    \55\American Confidence in Elections: State Tools to Promote Voter 
Confidence: Hearing Before the H. Comm. On Admin., 118th Cong. (2023).
---------------------------------------------------------------------------
          2. On May 24, 2023, the Committee on House 
        Administration Subcommittee on Elections held a 
        subcommittee hearing titled, ``American Confidence in 
        Elections: Ensuring Every Eligible American has the 
        Opportunity to Vote--and for their Vote to Count 
        According to Law.'' The hearing highlighted the strong 
        election integrity reforms that have passed throughout 
        several States and how important it is for States to 
        learn from other States' successes in the election 
        arena. Witnesses included: Mr. Joseph Burns, Lawyer, 
        Law Office of Joseph T. Burns, PLLC, Ms. Lisa Dixon, 
        Executive Director, Lawyers Democracy Fund (now the 
        Center for Election Confidence), Mr. Thor Hearne, 
        Founding Partner, True North Law, LLC, The Honorable 
        Scot Turner, Executive Director, Eternal Vigilance 
        Action Inc., and Mr. Deuel Ross, Deputy Director of 
        Litigation, NAACP Legal Defense and Educational Fund, 
        Inc.\56\
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    \56\American Confidence in Elections: Ensuring Every Eligible 
American has the Opportunity to Vote--and for their Vote to Count 
According to Law: Hearing Before the Subcomm. On Elections of the H. 
Comm. On Admin., 118th Cong. (2023).
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          3. On July 10, 2023, the Committee held a full 
        committee field hearing titled, ``American Confidence 
        in Elections: The Path to Election Integrity Across 
        America.'' The hearing outlined the newly introduced 
        H.R. 4563, the American Confidence in Elections Act, 
        and highlighted the successes of S.B. 202 (Georgia), 
        2021. Witnesses included the Honorable Hans von 
        Spakovsky, Manager, Election Law Reform Initiative and 
        Senior Legal Fellow, the Heritage Foundation, Dr. 
        Kathleen Ruth, former Vice Chair, Fulton County, 
        Georgia, Board of Registration and Elections, Mrs. 
        Vernetta Keith Nuriddin, Elections Consultant, City of 
        Milton, Georgia, and Ms. Cathy Woolard, Chair, Fulton 
        County, Georgia, Board of Registration and 
        Elections.\57\
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    \57\American Confidence in Elections: The Path to Election 
Integrity Across America: Hearing Before the H. Comm. On Admin., 118th 
Cong. (2023).
---------------------------------------------------------------------------

                        Committee Consideration

    On November 30, 2023, the U.S. House Committee on House 
Administration met in open session and ordered the bill, H.R. 
3162, Protecting American Voters Act, reported favorably to the 
House of Representatives, by a record vote of six to three, a 
quorum being present.

                            Committee Votes

    In compliance with clause 3(b) of House rule XIII, the 
following vote occurred during the Committee's consideration of 
H.R. 3162:
          1. Vote to report H.R. 3162 favorably to the House of 
        Representatives, passed by a record vote of 6 ayes and 
        3 noes. Ayes: Steil, B., Loudermilk, B., Murphy, G., 
        Bice, S., Carey, M., Lee, L. Noes: Morelle, J., Sewell, 
        T., Torres, N.

                 Statement of Constitutional Authority

    Congress has the power to enact this legislation pursuant 
to the following:
           Article I, Section 2, Clause 1--``The House 
        of Representatives shall be composed of Members chosen 
        every second Year by the People of the several States, 
        and the Electors in each State shall have the 
        Qualifications requisite for Electors of the most 
        numerous Branch of the State Legislature.''\58\ This 
        clause informs Congress that the general authority to 
        establish voter qualifications for the U.S. House rests 
        with the States and not with the Congress.
---------------------------------------------------------------------------
    \58\U.S. Const. art. I, Sec. 2, cl. 1.
---------------------------------------------------------------------------
           Article I, Section 4, Clause 1--``The Times, 
        Places and Manner of holding Elections for Senators and 
        Representatives, shall be prescribed in each State by 
        the Legislature thereof . . .''\59\ This clause, 
        consistent with contemporary thought and context, 
        informs Congress that the primary authority to set 
        election law and to administer federal elections rests 
        with the States and not with the Congress.
---------------------------------------------------------------------------
    \59\U.S. Const. Art. I, Sec. 4, cl. 1.
---------------------------------------------------------------------------
           Article I, Section 8, Clause 4--``To 
        establish an uniform Rule of Naturalization, . . . 
        throughout the United States;''\60\
---------------------------------------------------------------------------
    \60\U.S. Const. art. I, Sec. 8, cl. 4.
---------------------------------------------------------------------------
           Article I, Section 8, Clause 18--``To make 
        all Laws which shall be necessary and proper for 
        carrying into Execution the foregoing Powers, and all 
        other Powers vested by this Constitution in the 
        Government of the United States, or in any Department 
        or Officer thereof.''\61\
---------------------------------------------------------------------------
    \61\U.S. Const. Art. I, Sec. 8, cl. 18.
---------------------------------------------------------------------------
           Article II, Section 1, Clause 2--``Each 
        State shall appoint, in such Manner as the Legislature 
        thereof may direct, a Number of Electors, equal to the 
        whole Number of Senators and Representatives to which 
        the State may be entitled in the Congress: . . .''\62\ 
        This clause informs the Congress that the authority to 
        name presidential and vice presidential electors rests 
        with States.
---------------------------------------------------------------------------
    \62\U.S. Const. art. II, Sec. 1, cl. 2.
---------------------------------------------------------------------------
           Article IV, Section 4--``The United States 
        shall guarantee to every State in this Union a 
        Republican Form of Government, and shall protect each 
        of them against Invasion; . . .''\63\
---------------------------------------------------------------------------
    \63\U.S. Const. art. IV, Sec. 4.
---------------------------------------------------------------------------
           The Fifteenth, Nineteenth, Twenty-Fourth, 
        and Twenty-sixth Amendments--``The right of citizens of 
        the United States to vote . . .''\64\
---------------------------------------------------------------------------
    \64\See U.S. Const. Amend. XV; U.S. Const. Amend. XIX; U.S. Const. 
Amend. XXIV; U.S. Const. Amend. XXVI.
---------------------------------------------------------------------------
           The Seventeenth Amendment--``The Senate of 
        the United States shall be composed of two Senators 
        from each State, elected by the people thereof, for six 
        years; and each Senator shall have one vote. The 
        electors in each State shall have the qualifications 
        requisite for electors of the most numerous branch of 
        the State legislatures. . . .''\65\ This clause informs 
        Congress that the general authority to establish voter 
        qualifications for the U.S. Senate rests with the 
        States and not with the Congress.
---------------------------------------------------------------------------
    \65\U.S. Const. Amend. XVII.
---------------------------------------------------------------------------

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of House rule XIII, the 
Committee advises that the findings and recommendations of the 
Committee, based on oversight activities under clause 2(b)(1) 
of rule X of the Rules of the House of Representatives, are 
incorporated in the descriptive portions of this report.

            Statement of Budget Authority and Related Items

    Pursuant to clause 3(c)(2) of rule XIII of the Rules of the 
House of Representatives and section 308(a)(I) of the 
Congressional Budget Act of 1974, the Committee provides the 
following opinion and estimate with respect to new budget 
authority, entitlement authority, and tax expenditures. The 
Committee believes that there will be additional costs of an 
undetermined amount attributable to H.R. 3162. Currently, the 
agencies charge a fee in order to fulfill State requests for 
information. This legislation requires the Department of 
Homeland Security and the Social Security Administration to 
provide information from their internal databases to States, at 
no cost. As such, the Committee believes an examination of 
currently authorized appropriations levels for these agencies 
is likely necessary.

                  Congressional Budget Office Estimate

    With respect to the requirement of clause 3(c)(3) of rule 
XIII of the Rules of the House of Representatives, a cost 
estimate provided by the Congressional Budget Office pursuant 
to section 402 of the Congressional Budget Act of 1974 was not 
made available to the Committee in time for the filing of this 
report. The Chairman of the Committee shall cause such an 
estimate to be printed in the Congressional Record if it is 
received by the Committee.

                    Performance Goals and Objectives

    The performance goals and objectives of H.R. 3162 are to 
require the Department of Homeland Security and the Social 
Security Administration to provide States, at no cost, the 
information necessary to determine the U.S. citizenship status 
of individuals who have applied to register to vote in the 
State or who are listed on the State's voter rolls, and to 
clarify that States can remove noncitizens from their voter 
rolls. This will allow States to receive the information they 
need to enforce State voter qualifications, State prohibitions 
on noncitizen voting, and the federal prohibition on noncitizen 
voting.

                    Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of House rule XIII, no provision 
of H.R. 3162 establishes or reauthorizes a program of the 
federal government known to be duplicative of another federal 
program.

                          Advisory on Earmarks

    In accordance with clause 9 of House rule XXI, H.R. 3162 
does not contain any congressional earmarks, limited tax 
benefits, or limited tariff benefits as defined in clauses 
9(d), 9(e), or 9(f) of House rule XXI.

                       Federal Mandates Statement

    An estimate of federal mandates prepared by the Director of 
the Congressional Budget Office pursuant to section 423 of the 
Unfunded Mandates Reform Act was not made available to the 
Committee in time for the filing of this report. The Chairman 
of the Committee shall cause such an estimate to be printed in 
the Congressional Record if it is received by the Committee.

                      Advisory Committee Statement

    H.R. 3162 does not establish or authorize any new advisory 
committees.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

                      Section-by-Section Analysis


Section 1. Short title

    The section provides the short title of the bill, the 
Protecting American Voters Act.

Section 2. Requiring provision of information upon request to enable 
        States to verify citizenship status of applicants for voter 
        registration and individuals on voter registration lists

    Section 2(a) amends Section 9 of the National Voter 
Registration Act to require in 52 U.S.C. 20508, a new 
subsection, subsection ``c''.
    Under (c)(1) that the Secretary of the Department of 
Homeland Security and the Commissioner of the Social Security 
Administration provide States, at their request, with the 
information necessary so they can verify whether an applicant 
that has registered to vote in elections for Federal office 
held in the State or a voter currently registered to vote in 
the State is a citizen of the United States.
    Under (c)(2) allows the Secretary of the Department of 
Homeland Security to respond to such request in (c)(1) from the 
State by using the Systematic Alien Verification for 
Entitlements (SAVE) system to verify the citizenship status of 
an applicant that has registered to vote or is a registered 
voter.
    Subsection (c)(3) allows the Secretary of the Department of 
Homeland Security and the Commissioner of the Social Security 
Administration to share information with each other in 
responding to a State request under 2(c)(1).
    Subsection (c)(4) requires the Secretary of the Department 
of Homeland Security to act in accordance with the safeguards 
that the Commissioner of the Social Security Administration 
determines to be appropriate to protect the social security 
account number of any individual.
    Subsection (c)(5) prohibits the Secretary of the Department 
of Homeland Security from charging a fee to any State that 
makes a request under 2(c)(1).
    Subsection (c)(6) allows the Secretary of the Department of 
Homeland Security to promulgate regulations as necessary to 
carry out any action under section 2(c).
    Sections 2(b)(1) and 2(b)(2) amend Section 8 of the 
National Voter Registration Act to clarify that States can 
remove noncitizens from their voter rolls.
    Finally, Section 2(c) provides that this legislation 
applies to all elections held on or after January 1, 2024.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

                NATIONAL VOTER REGISTRATION ACT OF 1993




           *       *       *       *       *       *       *
SEC. 8. REQUIREMENTS WITH RESPECT TO ADMINISTRATION OF VOTER 
                    REGISTRATION.

  (a) In General.--In the administration of voter registration 
for elections for Federal office, each State shall--
          (1) ensure that any eligible applicant is registered 
        to vote in an election--
                  (A) in the case of registration with a motor 
                vehicle application under section 5, if the 
                valid voter registration form of the applicant 
                is submitted to the appropriate State motor 
                vehicle authority not later than the lesser of 
                30 days, or the period provided by State law, 
                before the date of the election;
                  (B) in the case of registration by mail under 
                section 6, if the valid voter registration form 
                of the applicant is postmarked not later than 
                the lesser of 30 days, or the period provided 
                by State law, before the date of the election;
                  (C) in the case of registration at a voter 
                registration agency, if the valid voter 
                registration form of the applicant is accepted 
                at the voter registration agency not later than 
                the lesser of 30 days, or the period provided 
                by State law, before the date of the election; 
                and
                  (D) in any other case, if the valid voter 
                registration form of the applicant is received 
                by the appropriate State election official not 
                later than the lesser of 30 days, or the period 
                provided by State law, before the date of the 
                election;
          (2) require the appropriate State election official 
        to send notice to each applicant of the disposition of 
        the application;
          (3) provide that the name of a registrant may not be 
        removed from the official list of eligible voters 
        except--
                  (A) at the request of the registrant;
                  (B) as provided by State law, by reason of 
                criminal conviction or mental incapacity; or
                  (C) as provided under paragraph (4);
          (4) conduct a general program that makes a reasonable 
        effort to remove the names of ineligible voters from 
        the official lists of eligible voters by reason of--
                  (A) the death of the registrant; [or]
                  (B) a change in the residence of the 
                registrant, in accordance with subsections (b), 
                (c), and (d); or
                  (C) a determination that the registrant is 
                not a citizen of the United States;
          (5) inform applicants under sections 5, 6, and 7 of--
                  (A) voter eligibility requirements; and
                  (B) penalties provided by law for submission 
                of a false voter registration application; and
          (6) ensure that the identity of the voter 
        registration agency through which any particular voter 
        is registered is not disclosed to the public.
  (b) Confirmation of Voter Registration.--Any State program or 
activity to protect the integrity of the electoral process by 
ensuring the maintenance of an accurate and current voter 
registration roll for elections for Federal office--
          (1) shall be uniform, nondiscriminatory, and in 
        compliance with the Voting Rights Act of 1965 (42 
        U.S.C. 1973 et seq.); and
          (2) shall not result in the removal of the name of 
        any person from the official list of voters registered 
        to vote in an election for Federal office by reason of 
        the person's failure to vote, except that nothing in 
        this paragraph may be construed to prohibit a State 
        from using the procedures described in subsections (c) 
        and (d) to remove an individual from the official list 
        of eligible voters if the individual--
                  (A) has not either notified the applicable 
                registrar (in person or in writing) or 
                responded during the period described in 
                subparagraph (B) to the notice sent by the 
                applicable registrar; and then
                  (B) has not voted or appeared to vote in 2 or 
                more consecutive general elections for Federal 
                office.
  (c) Voter Removal Programs.--(1) A State may meet the 
requirement of subsection (a)(4) by establishing a program 
under which--
          (A) change-of-address information supplied by the 
        Postal Service through its licensees is used to 
        identify registrants whose addresses may have changed; 
        and
          (B) if it appears from information provided by the 
        Postal Service that--
                  (i) a registrant has moved to a different 
                residence address in the same registrar's 
                jurisdiction in which the registrant is 
                currently registered, the registrar changes the 
                registration records to show the new address 
                and sends the registrant a notice of the change 
                by forwardable mail and a postage prepaid pre-
                addressed return form by which the registrant 
                may verify or correct the address information; 
                or
                  (ii) the registrant has moved to a different 
                residence address not in the same registrar's 
                jurisdiction, the registrar uses the notice 
                procedure described in subsection (d)(2) to 
                confirm the change of address.
  (2)(A) A State shall complete, not later than 90 days prior 
to the date of a primary or general election for Federal 
office, any program the purpose of which is to systematically 
remove the names of ineligible voters from the official lists 
of eligible voters.
  (B) Subparagraph (A) shall not be construed to preclude--
          (i) the removal of names from official lists of 
        voters on a basis described in paragraph (3) (A) or (B) 
        or [(4)(A)] (4)(A) or (C) of subsection (a); or
          (ii) correction of registration records pursuant to 
        this Act.
  (d) Removal of Names From Voting Rolls.--(1) A State shall 
not remove the name of a registrant from the official list of 
eligible voters in elections for Federal office on the ground 
that the registrant has changed residence unless the 
registrant--
          (A) confirms in writing that the registrant has 
        changed residence to a place outside the registrar's 
        jurisdiction in which the registrant is registered; or
          (B)(i) has failed to respond to a notice described in 
        paragraph (2); and
          (ii) has not voted or appeared to vote (and, if 
        necessary, correct the registrar's record of the 
        registrant's address) in an election during the period 
        beginning on the date of the notice and ending on the 
        day after the date of the second general election for 
        Federal office that occurs after the date of the 
        notice.
  (2) A notice is described in this paragraph if it is a 
postage prepaid and pre-addressed return card, sent by 
forwardable mail, on which the registrant may state his or her 
current address, together with a notice to the following 
effect:
          (A) If the registrant did not change his or her 
        residence, or changed residence but remained in the 
        registrar's jurisdiction, the registrant should return 
        the card not later than the time provided for mail 
        registration under subsection (a)(1)(B). If the card is 
        not returned, affirmation or confirmation of the 
        registrant's address may be required before the 
        registrant is permitted to vote in a Federal election 
        during the period beginning on the date of the notice 
        and ending on the day after the date of the second 
        general election for Federal office that occurs after 
        the date of the notice, and if the registrant does not 
        vote in an election during that period the registrant's 
        name will be removed from the list of eligible voters.
          (B) If the registrant has changed residence to a 
        place outside the registrar's jurisdiction in which the 
        registrant is registered, information concerning how 
        the registrant can continue to be eligible to vote.
  (3) A voting registrar shall correct an official list of 
eligible voters in elections for Federal office in accordance 
with change of residence information obtained in conformance 
with this subsection.
  (e) Procedure for Voting Following Failure To Return Card.--
(1) A registrant who has moved from an address in the area 
covered by a polling place to an address in the same area 
shall, notwithstanding failure to notify the registrar of the 
change of address prior to the date of an election, be 
permitted to vote at that polling place upon oral or written 
affirmation by the registrant of the change of address before 
an election official at that polling place.
  (2)(A) A registrant who has moved from an address in the area 
covered by one polling place to an address in an area covered 
by a second polling place within the same registrar's 
jurisdiction and the same congressional district and who has 
failed to notify the registrar of the change of address prior 
to the date of an election, at the option of the registrant--
          (i) shall be permitted to correct the voting records 
        and vote at the registrant's former polling place, upon 
        oral or written affirmation by the registrant of the 
        new address before an election official at that polling 
        place; or
          (ii)(I) shall be permitted to correct the voting 
        records and vote at a central location within the same 
        registrar's jurisdiction designated by the registrar 
        where a list of eligible voters is maintained, upon 
        written affirmation by the registrant of the new 
        address on a standard form provided by the registrar at 
        the central location; or
          (II) shall be permitted to correct the voting records 
        for purposes of voting in future elections at the 
        appropriate polling place for the current address and, 
        if permitted by State law, shall be permitted to vote 
        in the present election, upon confirmation by the 
        registrant of the new address by such means as are 
        required by law.
  (B) If State law permits the registrant to vote in the 
current election upon oral or written affirmation by the 
registrant of the new address at a polling place described in 
subparagraph (A)(i) or (A)(ii)(II), voting at the other 
locations described in subparagraph (A) need not be provided as 
options.
  (3) If the registration records indicate that a registrant 
has moved from an address in the area covered by a polling 
place, the registrant shall, upon oral or written affirmation 
by the registrant before an election official at that polling 
place that the registrant continues to reside at the address 
previously made known to the registrar, be permitted to vote at 
that polling place.
  (f) Change of Voting Address Within a Jurisdiction.--In the 
case of a change of address, for voting purposes, of a 
registrant to another address within the same registrar's 
jurisdiction, the registrar shall correct the voting 
registration list accordingly, and the registrant's name may 
not be removed from the official list of eligible voters by 
reason of such a change of address except as provided in 
subsection (d).
  (g) Conviction in Federal Court.--(1) On the conviction of a 
person of a felony in a district court of the United States, 
the United States attorney shall give written notice of the 
conviction to the chief State election official designated 
under section 10 of the State of the person's residence.
  (2) A notice given pursuant to paragraph (1) shall include--
          (A) the name of the offender;
          (B) the offender's age and residence address;
          (C) the date of entry of the judgment;
          (D) a description of the offenses of which the 
        offender was convicted; and
          (E) the sentence imposed by the court.
  (3) On request of the chief State election official of a 
State or other State official with responsibility for 
determining the effect that a conviction may have on an 
offender's qualification to vote, the United States attorney 
shall provide such additional information as the United States 
attorney may have concerning the offender and the offense of 
which the offender was convicted.
  (4) If a conviction of which notice was given pursuant to 
paragraph (1) is overturned, the United States attorney shall 
give the official to whom the notice was given written notice 
of the vacation of the judgment.
  (5) The chief State election official shall notify the voter 
registration officials of the local jurisdiction in which an 
offender resides of the information received under this 
subsection.
  (h) Reduced Postal Rates.--(1) Subchapter II of chapter 36 of 
title 39, United States Code, is amended by adding at the end 
the following:
[Ommitted amendatory text.]

           *       *       *       *       *       *       *

  (2) The first sentence of section 2401(c) of title 39, United 
States Code, is amended by striking out ``and 3626(a)-(h) and 
(j)-(k) of this title,'' and inserting in lieu thereof 
``3626(a)-(h), 3626(j)-(k), and 3629 of this title''.
  (3) Section 3627 of title 39, United States Code, is amended 
by striking out ``or 3626 of this title,'' and inserting in 
lieu thereof ``3626, or 3629 of this title''.
  (4) The table of sections for chapter 36 of title 39, United 
States Code, is amended by inserting after the item relating to 
section 3628 the following new item:

``3629. Reduced rates for voter registration purposes.''.
  (i) Public Disclosure of Voter Registration Activities.--(1) 
Each State shall maintain for at least 2 years and shall make 
available for public inspection and, where available, 
photocopying at a reasonable cost, all records concerning the 
implementation of programs and activities conducted for the 
purpose of ensuring the accuracy and currency of official lists 
of eligible voters, except to the extent that such records 
relate to a declination to register to vote or to the identity 
of a voter registration agency through which any particular 
voter is registered.
  (2) The records maintained pursuant to paragraph (1) shall 
include lists of the names and addresses of all persons to whom 
notices described in subsection (d)(2) are sent, and 
information concerning whether or not each such person has 
responded to the notice as of the date that inspection of the 
records is made.
  (j) Definition.--For the purposes of this section, the term 
``registrar's jurisdiction'' means--
          (1) an incorporated city, town, borough, or other 
        form of municipality;
          (2) if voter registration is maintained by a county, 
        parish, or other unit of government that governs a 
        larger geographic area than a municipality, the 
        geographic area governed by that unit of government; or
          (3) if voter registration is maintained on a 
        consolidated basis for more than one municipality or 
        other unit of government by an office that performs all 
        of the functions of a voting registrar, the geographic 
        area of the consolidated municipalities or other 
        geographic units.

SEC. 9. FEDERAL COORDINATION AND REGULATIONS.

  (a) In General.--The Election Assistance Commission--
          (1) in consultation with the chief election officers 
        of the States, shall prescribe such regulations as are 
        necessary to carry out paragraphs (2) and (3);
          (2) in consultation with the chief election officers 
        of the States, shall develop a mail voter registration 
        application form for elections for Federal office;
          (3) not later than June 30 of each odd-numbered year, 
        shall submit to the Congress a report assessing the 
        impact of this Act on the administration of elections 
        for Federal office during the preceding 2-year period 
        and including recommendations for improvements in 
        Federal and State procedures, forms, and other matters 
        affected by this Act; and
          (4) shall provide information to the States with 
        respect to the responsibilities of the States under 
        this Act.
  (b) Contents of Mail Voter Registration Form.--The mail voter 
registration form developed under subsection (a)(2)--
          (1) may require only such identifying information 
        (including the signature of the applicant) and other 
        information (including data relating to previous 
        registration by the applicant), as is necessary to 
        enable the appropriate State election official to 
        assess the eligibility of the applicant and to 
        administer voter registration and other parts of the 
        election process;
          (2) shall include a statement that--
                  (A) specifies each eligibility requirement 
                (including citizenship);
                  (B) contains an attestation that the 
                applicant meets each such requirement; and
                  (C) requires the signature of the applicant, 
                under penalty of perjury;
          (3) may not include any requirement for notarization 
        or other formal authentication; and
          (4) shall include, in print that is identical to that 
        used in the attestation portion of the application--
                  
                  (i) the information required in section 
                8(a)(5) (A) and (B);
                  (ii) a statement that, if an applicant 
                declines to register to vote, the fact that the 
                applicant has declined to register will remain 
                confidential and will be used only for voter 
                registration purposes; and
                  (iii) a statement that if an applicant does 
                register to vote, the office at which the 
                applicant submits a voter registration 
                application will remain confidential and will 
                be used only for voter registration purposes.
  (c) Provision of Information Upon Request to Enable States to 
Verify Citizenship Status of Applicants and Registrants.--
          (1) In general.--At the request of a State election 
        official, the Secretary of Homeland Security and the 
        Commissioner of the Social Security Administration 
        shall 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.
          (2) 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).
          (3) Sharing of information.--The Secretary and the 
        Commissioner may share information with each other with 
        respect to an individual who is the subject of a 
        request received under paragraph (1) in order to enable 
        the Secretary and the Commissioner to respond to the 
        request.
          (4) Privacy.--The Secretary shall carry out this 
        subsection in accordance with such safeguards as the 
        Commissioner determines to be necessary or appropriate 
        to protect the confidentiality of the social security 
        account number of any individual.
          (5) Prohibiting fees.--The Secretary may not charge a 
        fee for responding to a State's request under paragraph 
        (1).
          (6) Regulations.--The Secretary shall promulgate such 
        regulations as may be necessary to carry out this 
        subsection.

           *       *       *       *       *       *       *


                            DISSENTING VIEWS

    Committee Democrats strongly oppose H.R. 3162, which is yet 
another attack on eligible voters of color disguised as fraud 
prevention. At the expense of American voters, H.R. 3162 would 
facilitate faulty, but sweeping, information sharing between 
the federal government and state election officials. 
Specifically, upon request by a state election official, H.R. 
3162 would require the Secretary of Homeland Security and the 
Commissioner of the Social Security Administration to provide 
``such information as may be necessary'' to allow the state 
election official to determine whether an applicant for voter 
registration or registered voter in federal elections is a U.S. 
citizen. It would further require states to conduct extensive 
voter purges based on that faulty data. The data sharing and 
list maintenance methods envisioned by this bill are both 
inaccurate and incomplete. If implemented, H.R. 3162 would 
cause the improper removal of scores of eligible U.S. citizen 
voters.
    Republicans on this Committee love to grandstand about how 
their efforts will prevent voter fraud. But as our exhaustive 
series of hearings has borne out, voter fraud is virtually 
nonexistent in American elections. Likewise, during the Trump 
administration, the Department of Justice charged only three 
people in cases involving election fraud.\1\ That is only three 
instances of voter fraud out of nearly 300 million ballots cast 
in federal elections during the former President's four years 
in office. In only one of these instances was a noncitizen 
charged with voting illegally.\2\ And notably in that case, the 
defendant had also committed a significant amount of tax fraud.
---------------------------------------------------------------------------
    \1\See U.S. Dep't of Justice, Press Releases, https://
www.justice.gov/news/press-releases.
    \2\See U.S. Dep't of Justice, Nigerian Citizen Sentenced to 6\1/2\ 
Years in Prison for $12 Million Tax Refund Fraud, Voter Fraud, and 
Illegal Reentry (Oct. 20, 2017), https://www.justice.gov/opa/pr/
nigerian-citizen-sentenced-6-years-prison-12-million-tax-refund-fraud-
voter-fraud-and-illegal.
---------------------------------------------------------------------------
    Rather than preventing fraud, H.R. 3162 is a direct attack 
on the rights of American voters, and in particular voters of 
color, threatening to give states the tools to improperly 
remove eligible U.S. citizens from their voter rolls. This bill 
fixes zero problems. Instead, it creates huge ones.
    First, H.R. 3162 would permit the Secretary of Homeland 
Security to rely exclusively on the infamous SAVE immigration 
database to provide information about citizenship. But this 
system is notoriously unreliable in this context, especially 
when used to verify citizenship status for the purpose of voter 
registration.
    SAVE cannot be successfully used in the context of voter 
registration for a number of reasons. At the outset, states are 
unlikely to possess sufficient information to make SAVE 
operational. According to U.S. Citizenship and Immigration 
Services (``USCIS''), SAVE can only properly identify an 
individual if a unique numerical identifier, such as passport 
or naturalization/citizenship number, is provided in addition 
to that individual's first and last name and date of birth.\3\ 
In other words, ``SAVE cannot verify an applicant's 
[citizenship or immigration] status using only first and last 
name.''\4\ But many voter registration applications, including 
the National Mail Voter Registration Form (``Federal Form''), 
do not require the applicant to provide a numeric identifier 
that is both complete and compatible with SAVE.\5\ As a result, 
registered voters and voter registration applicants will not be 
reliably matched with citizenship or immigration information 
maintained in SAVE, meaning that eligible U.S. citizen voters 
might be incorrectly flagged as noncitizens due to erroneous 
matching.
---------------------------------------------------------------------------
    \3\U.S. Citizenship and Immigration Services, SAVE Verification 
Process (Jan. 12, 2023), https://www.uscis.gov/save/about-save/save-
verification-process. See also, U.S. Dep't of Justice, Letter to Ken 
Detzer (Jun. 11, 2012), https://www.documentcloud.org/documents/805150-
us-dep-of-justice-save-letter-1.html.
    \4\SAVE Verification Process supra note 3.
    \5\U.S. Election Assistance Comm'n, National Mail Voter 
Registration Form (Oct. 11, 2023), https://www.eac.gov/voters/national-
mail-voter-registration-form. In general, applicants using the Federal 
Form are asked to provide a state identification number, such as a 
driver's license number, if they have one or the last four digits of 
their Social Security number if not. Applicants who do not have either 
number are still registered to vote and assigned a voter registration 
number by the state official.
---------------------------------------------------------------------------
    Even if a voter registration applicant or registered voter 
is successfully matched with an entry in SAVE, the database's 
information is often out of date. As USCIS points out, ``SAVE 
provides point-in-time information that could change.''\6\ This 
means, for example, that a voter registration applicant who 
recently became a U.S. citizen might be improperly identified 
as a noncitizen in SAVE and have their voter registration 
rejected, despite being eligible to vote.
---------------------------------------------------------------------------
    \6\See U.S. Citizenship and Immigration Services, SAVE Verification 
Process Fact Sheet (Jan. 12, 2023), https://www.uscis.gov/save/save-
resources/save-verification-process-fact-sheet.
---------------------------------------------------------------------------
    The errors caused by the SAVE database will not be felt 
equally by all voters. The SAVE database is not a comprehensive 
list of all U.S. citizens. Rather, it only contains information 
about individuals who have immigrated to the United States.\7\ 
As a result, naturalized U.S. citizens whose information might 
be out of date and U.S. citizen voters whose names are similar 
to names of individuals listed in the SAVE database are the 
most likely to be targeted with improper removal.
---------------------------------------------------------------------------
    \7\See U.S. Dep't of Justice Letter supra note 3.
---------------------------------------------------------------------------
    The shortcomings of the SAVE database are not just 
conjecture. Indeed, SAVE has been the subject of multiple 
lawsuits throughout the country when states have used or sought 
to use it to verify the citizenship status of voter 
registration applicants and registered voters because of how 
often it improperly identifies U.S. citizens as noncitizens and 
results in the improper removal of eligible voters.\8\
---------------------------------------------------------------------------
    \8\See e.g., Mi Familia Vota v. Fontes, 2:22-cv-00509 (D. Ariz.); 
Lawyers' Committee for Civil Rights Under Law, Case Summary: Mi Familia 
Vota v. Ken Detzner (Florida) (Jun. 24, 2015), https://
www.lawyerscommittee.org/project/mi-familia-vota-v-ken-detzner-
florida/.
---------------------------------------------------------------------------
    H.R. 3162 would facilitate the use of social security 
information to verify citizenship status. But this is 
nonsensical: the Social Security Administration (``SSA'') is 
not an accurate repository for up to date and comprehensive 
citizenship information. Rather, Social Security data 
represents a snapshot in time and generally indicates the 
citizenship status of an applicant at the time they applied for 
a Social Security number (``SSN'').\9\ If the applicant was a 
noncitizen at the time of their SSN application and later 
became a U.S. citizen, SSA would list them as a noncitizen 
unless the applicant notified SSA of the change to their 
citizenship status. Thus under H.R. 3162's information sharing 
regime, heaps of eligible U.S. citizen voters are likely to be 
flagged as noncitizens and improperly removed from voter rolls.
---------------------------------------------------------------------------
    \9\Social Security numbers (SSNs) are not reserved for U.S. 
citizens. Indeed, noncitizens who are authorized to work in the United 
States are required to obtain an SSN before beginning work.
---------------------------------------------------------------------------
    SSA's citizenship information is also incomplete. SSA only 
began recording citizenship information in its database in 
1981. As a result, as of FY2020, about 20 percent of SSA's 
records contained no citizenship data whatsoever.
    Not only would H.R. 3162 require the distribution of flawed 
data, but it does so without proper guardrails and appropriates 
no additional resources for the information sharing mandate. 
Providing information about citizenship status is not part of 
SSA's mission and H.R. 3162 contains no limits on the frequency 
or number of requests a state election official can make for 
the data. This unfunded mandate would require extensive system 
resources, and as a result divert already scarce resources from 
the SSA's critical work of administering Social Security 
benefits and serving the American public.
    Committee Democrats also find it deeply troubling that H.R. 
3162 would require states to implement wide scale voter purge 
programs. Though list maintenance is an important tool for 
protecting the security of our elections, H.R. 3162 provides no 
guardrails. Instead, it encourages the use of faulty data, 
likely resulting in the improper removal of countless eligible 
U.S. citizen voters.
    H.R. 3162 is just another poorly disguised attack on 
American voters. For these reasons, Committee Democrats 
strongly oppose H.R. 3162.
                                         Joseph D. Morelle,
                                                    Ranking Member.

                                  [all]