In the nature of a substitute.

SA 4420. Mr. THUNE (for Mr. Schmitt) proposed an amendment to the
bill S. 1383, to establish the Veterans Advisory Committee on Equal
Access, and for other purposes; as follows:

In lieu of the matter proposed to be inserted, insert the
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Safeguard
American Voter Eligibility Act'' or the ``SAVE America Act''.
(b) Table of Contents.--The table of contents of this Act
is as follows:

Sec. 1. Short title; table of contents.

TITLE I--SAVE AMERICAN VOTERS

Subtitle A--Ensuring Only Citizens Are Registered to Vote in Elections
for Federal Office

Sec. 101. Ensuring only citizens are registered to vote in elections
for Federal office.

Subtitle B--Requiring Voters to Provide Photo Identification

Sec. 111. Requiring voters to provide photo identification.

Subtitle C--Manner of Holding Elections for Federal Office

Sec. 121. Authority.
Sec. 122. Definitions.
Sec. 123. In-person voting required.
Sec. 124. Limited absentee voting in Federal elections.
Sec. 125. Ballot handling and receipt.
Sec. 126. Enforcement.
Sec. 127. Preemption.
Sec. 128. Severability.
Sec. 129. Effective date.

TITLE II--SAVE AMERICAN SPORTS

Sec. 201. Amendment.

TITLE III--SAVE AMERICAN CHILDREN

Sec. 301. Genital and bodily mutilation of a minor; chemical castration
of a minor.

TITLE I--SAVE AMERICAN VOTERS

Subtitle A--Ensuring Only Citizens Are Registered to Vote in Elections
for Federal Office

SEC. 101. 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 that indicates the
applicant is a citizen of the United States.
``(3) The applicant's official United States military
identification card, together with an official United States
military record showing that the applicant's place of birth
was in the United States or that otherwise indicates the
applicant is a citizen of 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 or
that otherwise indicates the applicant is a citizen of 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;

[[Page S1126]]

``(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) Application of Requirements.--Section 4 of the National
Voter Registration Act of 1993 (52 U.S.C. 20503) is amended--
(1) in subsection (a), by striking ``subsection (b)'' and
inserting ``subsection (c)'';
(2) by redesignating subsection (b) as subsection (c); and
(3) by inserting after subsection (a) the following new
subsection:
``(b) Requiring Applicants To Present Documentary Proof of
United States Citizenship.--Under any method of voter
registration in a State, the State shall not accept and
process an application to register to vote in an election for
Federal office unless the applicant presents documentary
proof of United States citizenship with the application.''.
(c) Registration With Application for Motor Vehicle
Driver's License.--Section 5 of the National Voter
Registration Act of 1993 (52 U.S.C. 20504) is amended--
(1) in subsection (a)(1), by striking ``Each State motor
vehicle driver's license application'' and inserting
``Subject to the requirements under section 8(j), each State
motor vehicle driver's license application'';
(2) in subsection (c)(1), by striking ``Each State shall
include'' and inserting ``Subject to the requirements under
section 8(j), each State shall include'';
(3) in subsection (c)(2)(B)--
(A) in clause (i), by striking ``and'' at the end;
(B) in clause (ii), by adding ``and'' at the end; and
(C) by adding at the end the following new clause:
``(iii) verify that the applicant is a citizen of the
United States;'';
(4) in subsection (c)(2)(C)(i), by striking ``(including
citizenship)'' and inserting ``, including the requirement
that the applicant provides documentary proof of United
States citizenship''; and
(5) in subsection (c)(2)(D)(iii), by striking ``; and'' and
inserting the following: ``, other than as evidence in a
criminal proceeding or immigration proceeding brought against
an applicant who knowingly attempts to register to vote and
knowingly makes a false declaration under penalty of perjury
that the applicant meets the eligibility requirements to
register to vote in an election for Federal office; and''.
(d) Requiring Documentary Proof of United States
Citizenship With National Mail Voter Registration Form.--
Section 6 of the National Voter Registration Act of 1993 (52
U.S.C. 20505) is amended--
(1) in subsection (a)(1)--
(A) by striking ``Each State shall accept and use'' and
inserting ``Subject to the requirements under section 8(j),
each State shall accept and use''; and
(B) by striking ``Federal Election Commission'' and
inserting ``Election Assistance Commission'';
(2) in subsection (b), by adding at the end the following:
``The chief State election official of a State shall take
such steps as may be necessary to ensure that residents of
the State are aware of the requirement to provide documentary
proof of United States citizenship to register to vote in
elections for Federal office in the State.'';
(3) in subsection (c)(1)--
(A) in subparagraph (A), by striking ``and'' at the end;
(B) in subparagraph (B) by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following new subparagraph:
``(C) the person did not provide documentary proof of
United States citizenship when registering to vote.''; and
(4) by adding at the end the following new subsection:
``(e) Ensuring Proof of United States Citizenship.--
``(1) Presenting proof of united states citizenship to
election official.--An applicant who submits the mail voter
registration application form prescribed by the Election
Assistance Commission pursuant to section 9(a)(2) or a form
described in paragraph (1) or (2) of subsection (a) shall not
be registered to vote in an election for Federal office
unless--
``(A) the applicant presents documentary proof of United
States citizenship in person to the office of the appropriate
election official not later than the deadline provided by
State law for the receipt of a completed voter registration
application for the election; or
``(B) in the case of a State which permits an individual to
register to vote in an election for Federal office at a
polling place on the day of the election and on any day when
voting, including early voting, is permitted for the
election, the applicant presents documentary proof of United
States citizenship to the appropriate election official at
the polling place not later than the date of the election.
``(2) Notification of requirement.--Upon receiving an
otherwise completed mail voter registration application form
prescribed by the Election Assistance Commission pursuant to
section 9(a)(2) or a form described in paragraph (1) or (2)
of subsection (a), the appropriate election official shall
transmit a notice to the applicant of the requirement to
present documentary proof of United States citizenship under
this subsection, and shall include in the notice instructions
to enable the applicant to meet the requirement.
``(3) Accessibility.--Each State shall, in consultation
with the Election Assistance Commission, ensure that
reasonable accommodations are made to allow an individual
with a disability who submits the mail voter registration
application form prescribed by the Election Assistance
Commission pursuant to section 9(a)(2) or a form described in
paragraph (1) or (2) of subsection (a) to present documentary
proof of United States citizenship to the appropriate
election official.''.
(e) Requirements for Voter Registration Agencies.--Section
7 of the National Voter Registration Act of 1993 (52 U.S.C.
20506) is amended--
(1) in subsection (a)--
(A) in paragraph (4)(A), by adding at the end the following
new clause:
``(iv) Receipt of documentary proof of United States
citizenship of each applicant to register to vote in
elections for Federal office in the State.''; and
(B) in paragraph (6)--
(i) in subparagraph (A)(i)(I), by striking ``(including
citizenship)'' and inserting ``, including the requirement
that the applicant provides documentary proof of United
States citizenship'';
(ii) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively; 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.--
(1) In general.--Section 8 of the National Voter
Registration Act of 1993 (52 U.S.C. 20507) is amended--
(A) in subsection (a)--
(i) by striking ``In the administration of voter
registration'' and inserting ``Subject to the requirements of
subsection (j), in the administration of voter
registration''; and
(ii) 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;'';
(B) by redesignating subsection (j) as subsection (l); and
(C) by inserting after subsection (i) the following new
subsections:
``(j) Ensuring Only Citizens Are Registered to Vote.--
``(1) In general.--Notwithstanding any other provision of
this Act, a State may not register an individual to vote in
elections for Federal office held in the State unless, at the
time the individual applies to register to vote, the
individual provides documentary proof of United States
citizenship.
``(2) Requirement in cases of name discrepancies in
documentation.--Notwithstanding any other provision of law, a
State shall accept and process an application to register to
vote in an election for Federal office if the applicant--
``(A) presents with the application documentation that
would constitute documentary proof of United States
citizenship, except that the name on the documentation is not
the name of the applicant; and
``(B) provides, through a process established by the State
(which shall be subject to any relevant guidance adopted by
the Election Assistance Commission)--
``(i) additional documentation as necessary to establish
that the name on the documentation is a previous name of the
applicant; or

[[Page S1127]]

``(ii) an affidavit signed by the applicant attesting that
the name on the documentation is a previous name of the
applicant.
``(3) Additional processes in certain cases.--
``(A) Process for those without documentary proof such as
recently married women who decide to change their surname.--
``(i) In general.--Subject to any relevant guidance adopted
by the Election Assistance Commission, each State shall
establish a process under which an applicant who cannot
provide documentary proof of United States citizenship under
paragraph (1) may, if the applicant signs an attestation
under penalty of perjury that the applicant is a citizen of
the United States and eligible to vote in elections for
Federal office, submit such other evidence to the appropriate
State or local official demonstrating that the applicant is a
citizen of the United States and such official shall make a
determination as to whether the applicant has sufficiently
established United States citizenship for purposes of
registering to vote in elections for Federal office in the
State.
``(ii) Affidavit requirement.--If a State or local official
makes a determination under clause (i) that an applicant has
sufficiently established United States citizenship for
purposes of registering to vote in elections for Federal
office in the State, such determination shall be accompanied
by an affidavit developed under clause (iii) signed by the
official swearing or affirming the applicant sufficiently
established United States citizenship for purposes of
registering to vote.
``(iii) Development of affidavit by the election assistance
commission.--The Election Assistance Commission shall develop
a uniform affidavit for use by State and local officials
under clause (ii), which shall--

``(I) include an explanation of the minimum standards
required for a State or local official to register an
applicant who cannot provide documentary proof of United
States citizenship to vote in elections for Federal office in
the State; and
``(II) require the official to explain the basis for
registering such applicant to vote in such elections.

``(B) Process in case of certain discrepancies in
documentation.--Subject to any relevant guidance adopted by
the Election Assistance Commission, each State shall
establish a process under which an applicant can provide such
additional documentation to the appropriate election official
of the State as may be necessary to establish that the
applicant is a citizen of the United States in the event of a
discrepancy with respect to the applicant's documentary proof
of United States citizenship.
``(4) State requirements.--Not later than 30 days after the
date of the enactment of this subsection:
``(A) Each State shall take affirmative steps, on an
ongoing basis, and not less than once every calendar year
quarter, to ensure that only United States citizens are
registered to vote under the provisions of this Act, and such
affirmative steps shall include the establishment of a
program described in subparagraphs (B) and (C).
``(B) Each State shall submit the complete, official list
of individuals registered as eligible voters for Federal
office in the State to the Department of Homeland Security
for comparison through the Systematic Alien Verification for
Entitlements (`SAVE') system for the purposes of identifying
individuals who are not citizens of the United States and
taking the necessary steps to remove such individuals who are
not citizens from the official list, after notice is given to
such individuals and such individuals are given the
opportunity to provide documentary proof of United States
citizenship, but a State with a memorandum of agreement for
such purposes with the Department of Homeland Security on the
date of the enactment of this subsection may comply with this
subparagraph by carrying out such purposes under the
memorandum.
``(C) Each State may utilize such other sources of data
available to the State for the purposes of identifying
individuals who are not citizens of the United States and
removing such individuals from the official list of eligible
voters for Federal office in the State, including (but not
limited to) the following:
``(i) The Department of Homeland Security through the
Systematic Alien Verification for Entitlements (`SAVE')
system or otherwise.
``(ii) Other sources, including databases and information
provided pursuant to an agreement with the Commissioner of
Social Security under section 205(r)(9) of the Social
Security Act, which can be used to confirm United States
citizenship status, except that any such information provided
by the Commissioner may not be the sole grounds for the
removal of an individual from the official list of eligible
voters for elections for Federal office in a State.
``(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 (3)(A) or (3)(B)), any
head of a Federal department or agency possessing information
relevant to determining the eligibility of an individual to
vote in elections for Federal office shall, not later than 24
hours after receipt of such request, provide the official
with such information as may be necessary to enable the
official to verify that an applicant for voter registration
in elections for Federal office held in the State or a
registrant on the official list of eligible voters in
elections for Federal office held in the State is a citizen
of the United States, which shall include providing the
official with such batched information as may be requested by
the official.
``(B) Use of save system.--The Secretary of Homeland
Security shall respond to a request received under
subparagraph (A) by using the system for the verification of
immigration status under the applicable provisions of section
1137 of the Social Security Act (42 U.S.C. 1320b-7), as
established pursuant to section 121(c) of the Immigration
Reform and Control Act of 1986 (Public Law 99-603).
``(C) Sharing of information.--The heads of Federal
departments and agencies shall share information with each
other with respect to an individual who is the subject of a
request received under paragraph (A) in order to enable them
to respond to the request.
``(D) Investigation for purposes of removal.--The Secretary
of Homeland Security shall conduct an investigation to
determine whether to initiate removal proceedings under
section 239 of the Immigration and Nationality Act (8 U.S.C.
1229) if it is determined pursuant to subparagraph (A) or (B)
that an alien (as such term is defined in section 101 of the
Immigration and Nationality Act (8 U.S.C. 1101)) is
unlawfully registered to vote in elections for Federal
office.
``(E) Prohibiting fees.--The head of a Federal department
or agency may not charge a fee for responding to a State's
request under paragraph (A).
``(k) Removal of Noncitizens From Registration Rolls.--A
State shall remove an individual who is not a citizen of the
United States from the official list of eligible voters for
elections for Federal office held in the State at any time
upon receipt of documentation or verified information that a
registrant is not a United States citizen.''.
(2) Agreements for the social security administration to
share applicable information.--
(A) Agreements with state officials.--Section 205(r)(9)(A)
of the Social Security Act (42 U.S.C. 405(r)(9)(A)) is
amended to read as follows:
``(9)(A)(i) The Commissioner of Social Security shall enter
into an agreement with each official responsible for a State
driver's license agency for the purpose of verifying that--
``(I) the applicable information of an individual matches
information contained in the records of the Commissioner; and
``(II) for each individual registering to vote or who is
registered to vote, the citizenship or immigration status of
such individual is consistent with the information in the
records of the Commissioner.
``(ii) Each State driver's license agency shall pay to the
Commissioner of Social Security the full costs (including
systems and administrative costs) associated with the
verification under clause (i).
``(iii) Pursuant to an agreement described in clause (i), a
State driver's license agency may disclose information
related to the verification under clause (i) to State and
local officials as necessary to verify the eligibility of
individuals registering to vote or who are registered to vote
within such State.
``(iv) Agreements under this subparagraph shall include
safeguards to assure compliance with subparagraph (F).''.
(B) Agreements with the department of homeland security.--
Section 205(r)(9) of the Social Security Act (42 U.S.C.
405(r)(9)) is amended by adding at the end the following:
``(G)(i) The Commissioner of Social Security shall enter
into an agreement with the Secretary of Homeland Security
under which--
``(I) the Secretary may provide the Commissioner with
applicable information; and
``(II) if the Secretary provides such information, the
Commissioner provides the Secretary with a notification
regarding--
``(aa) whether the applicable information of an individual
matches the information contained in the records of the
Commissioner;
``(bb) the social security number associated with the
individual matches; and
``(cc) the citizenship or immigration status shown on the
social security number of such individual.
``(ii) The Secretary of Homeland Security shall pay to the
Commissioner of Social Security the full costs (including
systems and administrative costs) associated with providing
any applicable information and notification under clause (i).
``(iii) The Secretary may, upon request, disclose any
applicable information and notification under clause (i) to
State and local officials to verify the eligibility of
individuals registering to vote or who are registered to vote
within such State.
``(iv) Agreements under this subparagraph shall include
safeguards to assure compliance with subparagraph (F).''.
(C) Applicable information defined.--Subparagraph (D)(i) of
section 205(r)(9) of the Social Security Act (42 U.S.C.
405(r)(9)) is amended--
(i) in the matter preceding subclause (I), by striking
``information regarding whether'';
(ii) in subclause (I), by striking ``provided to the
Commissioner match the information contained in the
Commissioner's records''; and
(iii) in subclause (II), by inserting ``information
regarding whether'' before ``such''.

[[Page S1128]]

(D) Confidentiality.--Subparagraph (F) of section 205(r)(9)
of the Social Security Act (42 U.S.C. 405(r)(9)) is amended
by striking ``a State'' each place it appears and inserting
``an agency''
(g) Clarification of Authority of State To Remove
Noncitizens From Official List of Eligible Voters.--
(1) In general.--Section 8(a)(4) of the National Voter
Registration Act of 1993 (52 U.S.C. 20507(a)(4)) is amended--
(A) by striking ``or'' at the end of subparagraph (A);
(B) by adding ``or'' at the end of subparagraph (B); and
(C) by adding at the end the following new subparagraph:
``(C) documentary proof or verified information that the
registrant is not a United States citizen;''.
(2) Conforming amendment.--Section 8(c)(2)(B)(i) of such
Act (52 U.S.C. 20507(c)(2)(B)(i)) is amended by striking
``(4)(A)'' and inserting ``(4)(A) or (C)''.
(h) Requirements With Respect to Federal Mail Voter
Registration Form.--
(1) Contents of mail voter registration form.--Section 9(b)
of such Act (52 U.S.C. 20508(b)) is amended--
(A) in paragraph (2)(A), by striking ``(including
citizenship)'' and inserting ``(including an explanation of
what is required to present documentary proof of United
States citizenship)'';
(B) in paragraph (3), by striking ``and'' at the end;
(C) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(D) by adding at the end the following new paragraph:
``(5) shall include a section, for use only by a State or
local election official, to record the type of document the
applicant presented as documentary proof of United States
citizenship, including the date of issuance, the date of
expiration (if any), the office which issued the document,
and any unique identification number associated with the
document.''.
(2) Information on mail voter registration form.--Section
9(b)(4) of such Act (52 U.S.C. 20508(b)(4)) is amended--
(A) by redesignating clauses (i) through (iii) as
subparagraphs (A) through (C), respectively; and
(B) in subparagraph (C) (as so redesignated and as amended
by paragraph (1)(C)), by striking ``; and'' and inserting the
following: ``, other than as evidence in a criminal
proceeding or immigration proceeding brought against an
applicant who attempts to register to vote and makes a false
declaration under penalty of perjury that the applicant meets
the eligibility requirements to register to vote in an
election for Federal office; and''.
(i) Private Right of Action.--Section 11(b)(1) of the
National Voter Registration Act of 1993 (52 U.S.C.
20510(b)(1)) is amended by striking ``a violation of this
Act'' and inserting ``a violation of this Act, including the
act of an election official who registers an applicant to
vote in an election for Federal office who fails to present
documentary proof of United States citizenship,''.
(j) Criminal Penalties.--Section 12(2) of such Act (52
U.S.C. 20511(2)) is amended--
(1) by striking ``or'' at the end of subparagraph (A);
(2) by redesignating subparagraph (B) as subparagraph (D);
and
(3) by inserting after subparagraph (A) the following new
subparagraphs:
``(B) in the case of an officer or employee of the
executive branch, providing material assistance to a
noncitizen in attempting to register to vote or vote in an
election for Federal office;
``(C) purposefully registering an applicant to vote in an
election for Federal office who fails to present documentary
proof of United States citizenship; or''.
(k) Applicability of Requirements to Certain States.--
(1) In general.--Subsection (c) of section 4 of the
National Voter Registration Act of 1993 (52 U.S.C. 20503), as
redesignated by subsection (b), is amended by striking ``This
Act does not apply to a State'' and inserting ``Except with
respect to the requirements under subsection (j) and (k) of
section 8 in the case of a State described in paragraph (2),
this Act does not apply to a State''.
(2) Permitting states to adopt requirements after
enactment.--Section 4 of such Act (52 U.S.C. 20503) is
amended by adding at the end the following new subsection:
``(d) Permitting States To Adopt Certain Requirements After
Enactment.--Subsections (j) and (k) of section 8 shall not
apply to a State described in subsection (c)(2) if the State,
by law or regulation, adopts requirements which are identical
to the requirements under such subsections not later than 60
days prior to the date of the first election for Federal
office which is held in the State after the date of the
enactment of the SAVE America Act.''.
(l) 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 the
National Voter Registration Act of 1993 (52 U.S.C. 20501 et
seq.), as amended by this section.
(m) Inapplicability of Paperwork Reduction Act.--Subchapter
I of chapter 35 of title 44 (commonly referred to as the
``Paperwork Reduction Act'') shall not apply with respect to
the development or modification of voter registration
materials under the National Voter Registration Act of 1993
(52 U.S.C. 20501 et seq.), as amended by this section,
including the development or modification of any voter
registration application forms.
(n) Duty of Secretary of Homeland Security To Notify
Election Officials of Naturalization.--Upon receiving
information that an individual has become a naturalized
citizen of the United States, the Secretary of Homeland
Security shall promptly provide notice of such information to
the appropriate chief election official of the State in which
such individual is domiciled.
(o) Rule of Construction Regarding Provisional Ballots.--
Nothing in this section or in any amendment made by this
section may be construed to supersede, restrict, or otherwise
affect the ability of an individual to cast a provisional
ballot in an election for Federal office or to have the
ballot counted in the election if the individual is verified
as a citizen of the United States pursuant to section 8(j) of
the National Voter Registration Act of 1993 (as added by
subsection (f)).
(p) Rule of Construction Regarding Effect on State
Exemptions From Other Federal Laws.--Nothing in this section
or in any amendment made by this section may be construed to
affect the exemption of a State from any requirement of any
Federal law other than the National Voter Registration Act of
1993 (52 U.S.C. 20501 et seq.).
(q) Exception for Absent Uniformed Services Voters.--The
requirements in this section shall not apply with respect to
an applicant who is an absent uniformed services voter, as
defined in section 107(1) of the Uniformed and Overseas
Citizens Absentee Voting Act (52 U.S.C. 20310(1)).
(r) Effective Date.--This section and the amendments made
by this section shall take effect on the date of the
enactment of this section, and shall apply with respect to
applications for voter registration which are submitted on or
after such date.

Subtitle B--Requiring Voters to Provide Photo Identification

SEC. 111. REQUIRING VOTERS TO PROVIDE PHOTO IDENTIFICATION.

(a) Requirement to Provide Photo Identification as
Condition of Casting Ballot.--
(1) In general.--Title III of the Help America Vote Act of
2002 (52 U.S.C. 21081 et seq.) is amended by inserting after
section 303 the following new section:

``SEC. 303A. PHOTO IDENTIFICATION REQUIREMENTS.

``(a) Provision of Identification Required as Condition of
Casting Ballot.--
``(1) Individuals voting in person.--
``(A) Requirement to provide identification.--
Notwithstanding any other provision of law and except as
provided in subparagraph (B), the appropriate State or local
election official may not provide a ballot for an election
for Federal office to an individual who desires to vote in
person unless the individual presents to the official a valid
physical photo identification.
``(B) Availability of provisional ballot.--
``(i) In general.--If an individual does not present the
identification required under subparagraph (A), the
individual shall be permitted to cast a provisional ballot
with respect to the election under section 302(a), except
that the appropriate State or local election official may not
make a determination under section 302(a)(4) that the
individual is eligible under State law to vote in the
election unless, not later than 3 days after casting the
provisional ballot, the individual presents to the official--

``(I) the identification required under subparagraph (A);
or
``(II) an affidavit developed and made available to the
individual by the State attesting that the individual does
not possess the identification required under subparagraph
(A) because the individual has a religious objection to being
photographed.

``(ii) No effect on other provisional balloting rules.--
Nothing in clause (i) may be construed to apply to the
casting of a provisional ballot pursuant to section 302(a) or
any State law for reasons other than the failure to present
the identification required under subparagraph (A).
``(2) Individuals voting other than in person.--
``(A) In general.--Notwithstanding any other provision of
law and except as provided in subparagraph (B), the
appropriate State or local election official may not accept
any ballot for an election for Federal office provided by an
individual who votes other than in person unless the
individual submits with the ballot--
``(i) a copy of a valid photo identification; or
``(ii) the last four digits of the individual's Social
Security number and an affidavit developed and made available
to the individual by the State attesting that the individual
is unable to obtain a copy of a valid photo identification
after making reasonable efforts to obtain such a copy.
``(B) Exceptions.--Subparagraph (A) does not apply with
respect to a ballot provided by--
``(i) an absent uniformed services voter, as defined in
section 107(1) of the Uniformed and Overseas Citizens
Absentee Voting Act (52 U.S.C. 20310(1)); or
``(ii) an individual provided the right to vote otherwise
than in person under section 3(b)(2)(B)(ii) of the Voting
Accessibility for the Elderly and Handicapped Act (52 U.S.C.
20102(b)(2)(B)(ii)).

[[Page S1129]]

``(b) Providing Public Access to Digital Imaging Devices.--
With respect to each State, the appropriate State or local
government official of the State shall ensure, to the extent
practicable, public access to a digital imaging device, which
shall include a printer, copier, image scanner, or
multifunction machine, at State and local government
buildings in the State, including courts, libraries, and
police stations, for the purpose of allowing individuals to
use such a device at no cost to the individual to make a copy
of a valid photo identification.
``(c) Valid Photo Identifications Described.--For purposes
of this section, a `valid photo identification' means, with
respect to an individual who seeks to vote in a State, any of
the following:
``(1) A valid State-issued motor vehicle driver's license
that includes a photo of the individual and an expiration
date.
``(2) A valid State-issued identification card that
includes a photo of the individual and an expiration date
issued by a State motor vehicle authority.
``(3) A valid United States passport for the individual.
``(4) A valid military identification for the individual.
``(5) A valid identification document issued by a Tribal
government that includes a photo of the individual and an
expiration date.
``(d) Notification of Identification Requirement to
Applicants for Voter Registration.--
``(1) In general.--Each State shall ensure that, at the
time an individual applies to register to vote in elections
for Federal office in the State, the appropriate State or
local election official notifies the individual of the photo
identification requirements of this section.
``(2) Special rule for individuals applying to register to
vote online.--Each State shall ensure that, in the case of an
individual who applies to register to vote in elections for
Federal office in the State online, the online voter
registration system notifies the individual of the photo
identification requirements of this section before the
individual completes the online registration process.
``(e) Effective Date.--This section shall take effect on
the date of the enactment of this section, and shall apply
with respect to elections for Federal office held on or after
such date.''.
(2) Clerical amendment.--The table of contents of such Act
is amended by inserting after the item relating to section
303 the following new item:

``Sec. 303A. Photo identification requirements.''.
(b) Conforming Amendment Relating to Voluntary Guidance by
Election Assistance Commission.--Section 311(b) of such Act
(52 U.S.C. 21101(b)) is amended--
(1) by striking ``and'' at the end of paragraph (2);
(2) by striking the period at the end of paragraph (3) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(4) in the case of the recommendations with respect to
section 303A, the date of enactment of the Safeguard American
Voter Eligibility Act.''.
(c) Conforming Amendment Relating to Enforcement.--Section
401 of such Act (52 U.S.C. 21111) is amended by striking
``sections 301, 302, 303, and 304'' and inserting ``subtitle
A of title III''.
(d) Effective Date.--This section and the amendments made
by this section shall take effect on the date of the
enactment of this section, and shall apply with respect to
elections for Federal office held on or after such date.

Subtitle C--Manner of Holding Elections for Federal Office

SEC. 121. AUTHORITY.

Congress enacts this subtitle pursuant to Article I,
section 4, clause 1 of the Constitution of the United States.

SEC. 122. DEFINITIONS.

In this subtitle:
(1) Absentee ballot.--The term ``absentee ballot'' means a
ballot transmitted to a voter for voting by mail or outside
of the physical presence of election officials during the
voting period.
(2) Absent uniformed services voter.--The term ``absent
uniformed services voter'' has the meaning given that term in
section 107 of the Uniformed and Overseas Citizens Absentee
Voting Act (52 U.S.C. 20310).
(3) Chain of custody.--The term ``chain of custody'' means
documented procedures ensuring that absentee ballots are
securely tracked from issuance through delivery, receipt, and
tabulation, including records of each transfer of custody of
such ballots.
(4) Election.--The term ``election'' means--
(A) a general, special, primary, or runoff election;
(B) a convention or caucus of a political party which has
authority to nominate a candidate;
(C) a primary election held for the selection of delegates
to a national nominating convention of a political party; and
(D) a primary election held for the expression of a
preference for the nomination of individuals for election to
the office of President.
(5) Federal office.--The term ``Federal office'' means the
office of President or Vice President, Senator,
Representative in, or Delegate or Resident Commissioner to,
the Congress.
(6) Immediate family member.--The term ``immediate family
member'' means a spouse, parent, child, sibling, grandparent,
grandchild, parent-in-law, son-in-law, daughter-in-law,
brother-in-law, or sister-in-law of the voter.
(7) Legal guardian.--The term ``legal guardian'' means an
individual appointed by a court of competent jurisdiction to
serve as guardian of the person of the voter.
(8) State.--The term ``State'' has the meaning given that
term in section 3 of the National Voter Registration Act of
1993 (52 U.S.C. 20502).
(9) Verified travel.--The term ``verified travel'' means
travel that will result in a voter being physically absent
from the jurisdiction in which the voter is eligible to vote
for the entire voting period and that is supported by
documentation reasonably sufficient to establish such
absence. Such term does not include residence outside the
United States.
(10) Voting period.--The term ``voting period'' means the
period beginning on the first day on which in-person voting
is permitted under State law for an election for Federal
office and ending at the time the polls close on the date of
the election.
(11) Universal vote-by-mail.--The term ``universal vote-by-
mail'' means any system under which a State automatically
mails ballots to registered voters for an election for
Federal office without the voter first submitting a request
that meets the requirements of section 124.

SEC. 123. IN-PERSON VOTING REQUIRED.

(a) General Rule.--Except as provided in section 124, a
State shall require an individual to vote in person in an
election for Federal office.
(b) Prohibition on Universal Vote-by-mail.--A State may not
conduct an election for Federal office by universal vote-by-
mail.
(c) Early In-person Voting Not Affected.--Nothing in this
subtitle shall be construed to prohibit or limit the
authority of a State to permit voting in person prior to the
date of the election for an election for Federal office.
(d) Construction.--
(1) In general.--Nothing in this subtitle shall be
construed--
(A) to regulate elections for State or local office;
(B) to establish, modify, or alter the qualifications of
individuals eligible to vote in elections for Federal office;
(C) to prohibit a State from permitting the use of absentee
ballots or voting by mail in elections for State or local
office;
(D) to permit a State to transmit or distribute by mail a
ballot that includes any office for which this subtitle
applies unless the issuance of such ballot complies with the
requirements of this subtitle; or
(E) to limit or modify the rights of absent uniformed
services voters under the Uniformed and Overseas Citizens
Absentee Voting Act (52 U.S.C. 20301 et seq.).
(2) Clarification.--A State that permits absentee voting or
voting by mail for State or local office may provide a
separate ballot for such offices but may not include any
Federal office on a mailed ballot unless the voter has
submitted a valid absentee ballot request under section 124.

SEC. 124. LIMITED ABSENTEE VOTING IN FEDERAL ELECTIONS.

(a) In General.--
(1) Exemption categories.--A State may permit an individual
to vote by absentee ballot in an election for Federal office
only if the individual submits a request in accordance with
this section and certifies under penalty of perjury that the
individual--
(A) is an absent uniformed services voter;
(B) is unable to appear in person during the entire voting
period due to illness, infirmity, hospitalization, or
physical disability;
(C) is the primary caregiver of an individual who is
medically incapacitated during the entire voting period;
(D) will be absent from the jurisdiction during the entire
voting period due to verified travel; or
(E) is unable to appear in person during the voting period
due to another hardship that would make in-person voting
unreasonable or impracticable, as determined by the State
election authority based on a sworn certification submitted
by the voter describing the nature of the hardship, as
described in subsection (c)(4).
(2) Rule of construction.--For purposes of paragraph
(1)(E), the term ``hardship'' shall be construed narrowly. A
voter may not be considered to have a hardship unless the
applicable circumstance, by itself, prevents the voter from
appearing in person during the entire voting period
(b) Request Requirements.--A request for an absentee ballot
in an election for Federal office under this section shall--
(1) be in writing and signed by the applicant;
(2) be submitted not later than 14 days before the date of
the election;
(3) include a copy of a valid photo identification as
defined in section 303A(c) of the Help America Vote Act of
2002, as added by section 102 of this Act; and
(4) include a sworn certification specifying the category
under subsection (a)(1) upon which eligibility is based.
(c) Certification and Supporting Documentation for
Exemption Categories.--
(1) Illness or disability.--An individual seeking an
absentee ballot under subsection

[[Page S1130]]

(a)(1)(B) shall submit, together with the request required
under subsection (b), a sworn certification describing the
illness, infirmity, hospitalization, or physical disability
of the individual and certifying that such illness,
infirmity, hospitalization, or physical disability will
prevent the individual from appearing in person during the
entire voting period, including documentation that is
reasonably sufficient to establish such illness, infirmity,
hospitalization, or physical disability.
(2) Primary caregiver.--An individual seeking an absentee
ballot under subsection (a)(1)(C) shall submit, together with
the request required under subsection (b), a sworn
certification describing the medical incapacitation of the
individual for whom the individual is a primary caregiver and
certifying that such role as a primary caregiver will prevent
the individual from appearing in person during the entire
voting period, including documentation reasonably sufficient
to establish such role as a primary caregiver of an
individual who is medically incapacitated.
(3) Verified travel.--An individual seeking an absentee
ballot under subsection (a)(1)(D) shall submit, together with
the request required under subsection (b), a sworn
certification describing the nature of the travel that will
result in the individual being absent from the jurisdiction
for the entire voting period, including documentation
reasonably sufficient to verify such travel.
(4) Other hardship.--An individual seeking an absentee
ballot under subsection (a)(1)(E) shall submit, together with
the request required under subsection (b), a sworn
certification describing the hardship and certifying that
such hardship will prevent the individual from appearing in
person during the entire voting period, including
documentation reasonably sufficient to establish the
existence and duration of such hardship.
(5) Form of certification.--A certification under this
subsection shall be signed under penalty of perjury and
submitted in such form as the State may require, consistent
with any standards established by the Election Assistance
Commission.
(d) Verification.--A State shall verify compliance with
subsection (b) prior to issuing an absentee ballot and shall
maintain a record of such verification for purposes of audit
and enforcement.
(e) False Statement.--Any individual who knowingly makes or
abets a false statement under this section shall be fined in
accordance with title 18, United States Code (which fines
shall be paid into the general fund of the Treasury,
miscellaneous receipts (pursuant to section 3302 of title 31,
United States Code), notwithstanding any other law), or
imprisoned not more than 5 years, or both.
(f) Standard Request Form.--Not later than 180 days after
enactment of this Act, the Election Assistance Commission
shall develop and make available a standardized absentee
ballot request form that States may use to comply with this
section.
(g) Rule of Construction Regarding Proof of Citizenship.--
Nothing in this section shall be construed to require an
applicant requesting an absentee ballot to transmit or mail
documentary proof of United States citizenship if the
appropriate election official is able to verify that the
applicant has previously provided documentary proof of United
States citizenship as required under section 8(j) of the
National Voter Registration Act of 1993, as added by section
101 of this Act.

SEC. 125. BALLOT HANDLING AND RECEIPT.

(a) Requirements for Absentee Ballot Requests.--
(1) Election-specific request required.--
(A) In general.--Notwithstanding any other provision of
law, except as provided in subparagraph (B), a request for an
absentee ballot in an election for Federal office shall apply
only with respect to the election for which the request is
submitted. Eligibility for, or receipt of, an absentee ballot
in a prior election shall not establish eligibility to
receive an absentee ballot in a subsequent election.
(B) Exception for absent uniformed services voters.--
Subparagraph (A) shall not apply with respect to an absent
uniformed services voter.
(2) Prohibition on reliance on prior absentee status.--A
State may not issue or mail an absentee ballot to an
individual for an election for Federal office based solely on
the individual's receipt of, or request for, an absentee
ballot in a prior election.
(3) Requested ballots only.--A State may not issue or mail
an absentee ballot for an election for Federal office unless
a valid request under section 124 has been received and
verified for that election.
(b) Return of Ballots.--
(1) In general.--An absentee ballot in an election for
Federal office may only be returned by 1 of the following
methods:
(A) By the voter, in person, to an office of the
appropriate election official or to a polling place or other
location designated by the State for the return of absentee
ballots.
(B) By the United States Postal Service, certified mail
with signature verification paid for by the State or
municipality administering the election, and shall be tracked
under a reasonable tracking system established by the United
States Postal Service.
(C) By a family member, legal guardian, or caregiver of the
voter casting the ballot, who shall present identification
and shall sign an affidavit upon delivery that identifies the
person as eligible to return the voter's ballot.
(D) In the case of an absent uniformed services voter, by a
method authorized under the Uniformed and Overseas Citizens
Absentee Voting Act (52 U.S.C. 20301 et seq.).
(2) Limitation.--The authority provided under paragraph
(1)(D) shall only apply with respect to an absentee ballot of
an absent uniformed services voter and may not be used by a
State as a general method of transmitting or returning
absentee ballots for voters who are not eligible under the
Uniformed and Overseas Citizens Absentee Voting Act (52
U.S.C. 20301 et seq.).
(c) Deadline.--
(1) In general.--An absentee ballot in an election for
Federal office shall not be counted unless received by the
appropriate election official not later than the closing of
polls on the date of the election.
(2) Record of receipt.--Each State shall record the time
and date of receipt of each absentee ballot in an election
for Federal office for purposes of determining compliance
with this subsection.
(d) Chain of Custody.--Each State shall establish uniform
chain-of-custody procedures and ballot tracking systems for
absentee ballots cast in elections for Federal office,
including a system that allows the voter to track the status
of the absentee ballot from issuance through receipt and
acceptance or rejection of the absentee ballot. Such
procedures shall be established by the State and local
election officials responsible for the administration of
elections for Federal office.
(e) Notice and Cure Process.--
(1) In general.--If an election official determines that an
absentee ballot in an election for Federal office does not
comply with the requirements of this subtitle, the State
shall promptly notify the voter of the deficiency and provide
the voter a standardized opportunity, which shall extend
until not later than 48 hours after the closing of the polls,
to cure the deficiency.
(2) Process.--Each State shall determine the process for
the standardized opportunity to cure a deficiency with
respect to an absentee ballot in an election for Federal
office prior to the beginning of the voting period for such
election.
(f) Record Retention.--
(1) In general.--Each State shall retain records relating
to absentee ballot requests, verification, transmission,
receipt, and cure with respect to an election for Federal
office for a period of not less than 22 months after the date
of the election.
(2) Access by attorney general.--Each State shall make
available to the Attorney General, upon request, any record
retained under this subsection. The Attorney General may
inspect, copy, or obtain such records for purposes of
investigating or enforcing compliance with this subtitle.

SEC. 126. ENFORCEMENT.

(a) Attorney General.--The Attorney General may bring a
civil action in an appropriate district court for such
declaratory or injunctive relief as is necessary to carry out
this subtitle.
(b) Private Right of Action.--A person who is aggrieved by
a violation of this subtitle may bring a civil action in an
appropriate district court for declaratory or injunctive
relief with respect to the violation.
(c) Expedited Review.--Any action brought under this
section shall be heard by a district court of 3 judges
convened pursuant to section 2284 of title 28, United States
Code, with direct appeal to the Supreme Court of the United
States.
(d) Funding Condition.--After providing the State notice
and an opportunity to respond within 10 days, if the Attorney
General determines that a State is not in compliance with
this subtitle, the Attorney General may notify the Election
Assistance Commission, and for the fiscal year immediately
following such determination, the State shall be ineligible
to receive any grant or funding provided by the Election
Assistance Commission or any other agency of the Federal
government for the purpose of administration of elections for
Federal office, including any grant authorized under sections
101, 103, or 104 of the Help America Vote Act of 2002 (52
U.S.C. 20901 et seq.) or any other provision of Federal law.

SEC. 127. PREEMPTION.

The requirements of this subtitle shall supersede any
provision of State law governing absentee voting in elections
for Federal office that is inconsistent with this subtitle.

SEC. 128. SEVERABILITY.

If any provision of this subtitle, or the application
thereof to any person or circumstance, is held invalid, the
remainder of this subtitle and the application of the
remaining provisions shall not be affected.

SEC. 129. EFFECTIVE DATE.

This subtitle shall apply with respect to elections for
Federal office occurring after the date of enactment of this
subtitle.

TITLE II--SAVE AMERICAN SPORTS

SEC. 201. AMENDMENT.

Section 901 of the Education Amendments of 1972 (20 U.S.C.
1681) is amended by adding at the end the following:
``(d)(1) It shall be a violation of subsection (a) for a
recipient of Federal funds who operates, sponsors, or
facilitates athletic programs or activities to permit a
person whose sex is male to participate in an athletic
program or activity that is designated for women or girls.
``(2) For purposes of this subsection, sex shall be
recognized based solely on a person's reproductive biology
and genetics at birth.''.

[[Page S1131]]

TITLE III--SAVE AMERICAN CHILDREN

SEC. 301. GENITAL AND BODILY MUTILATION OF A MINOR; CHEMICAL
CASTRATION OF A MINOR.

(a) In General.--Section 116 of title 18, United States
Code, is amended to read as follows:

``Sec. 116. Genital and bodily mutilation of a minor;
chemical castration of a minor

``(a) Genital or Bodily Mutilation.--Except as provided in
subsection (g), whoever, in any circumstance described in
subsection (d), knowingly performs, or attempts to perform,
genital or bodily mutilation on another person who is a
minor, shall be fined under this title, imprisoned not more
than 10 years, or both.
``(b) Chemical Castration of a Minor.--Except as provided
in subsection (g), whoever, in any circumstance described in
subsection (d), knowingly chemically castrates a minor shall
be fined under this title, imprisoned not more than 10 years,
or both.
``(c) Certain Offense Related to Female Genital
Mutilation.--Except as provided in subsection (g), whoever,
in any circumstance described in subsection (d), knowingly--
``(1) facilitates or consents to female genital mutilation
of a minor; or
``(2) transports a minor for the purpose of the performance
of female genital mutilation on such minor,
shall be fined under this title, imprisoned not more than 10
years, or both.
``(d) Circumstances Described.--For the purposes of
subsections (a) and (b), the circumstances described in this
subsection are that--
``(1) the defendant or victim traveled in interstate or
foreign commerce, or traveled using a means, channel,
facility, or instrumentality of interstate or foreign
commerce, in furtherance of or in connection with the conduct
described in subsection (a) or (b);
``(2) the defendant used a means, channel, facility, or
instrumentality of interstate or foreign commerce in
furtherance of or in connection with the conduct described in
subsection (a) or (b);
``(3) any payment of any kind was made, directly or
indirectly, in furtherance of or in connection with the
conduct described in subsection (a) or (b) using any means,
channel, facility, or instrumentality of interstate or
foreign commerce or in interstate or foreign commerce;
``(4) the defendant transmitted in interstate or foreign
commerce any communication relating to or in furtherance of
the conduct described in subsection (a) or (b) using any
means, channel, facility, or instrumentality of interstate or
foreign commerce or in interstate or foreign commerce by any
means or in manner, including by computer, mail, wire, or
electromagnetic transmission;
``(5) any instrument, item, substance, or other object that
has traveled in interstate or foreign commerce was used to
perform the conduct described in subsection (a) or (b);
``(6) the conduct described in subsection (a) or (b)
occurred within the special maritime and territorial
jurisdiction of the United States, or any territory or
possession of the United States; or
``(7) the conduct described in subsection (a) or (b)
otherwise occurred in interstate or foreign commerce.
``(e) Prohibition on Certain Defense.--It shall not be a
defense to a prosecution under subsection (a) that female
genital mutilation is required as a matter of religion,
custom, tradition, ritual, or standard practice.
``(f) Prohibition on Prosecution of Victim.--No person who
is chemically castrated or on whom genital or bodily
mutilation is performed may be arrested or prosecuted for an
offense under this section.
``(g) Exceptions.--
``(1) Procedures.--
``(A) In general.--Genital or bodily mutilation or chemical
castration is not a violation of this section if such genital
or bodily mutilation or chemical castration is--
``(i) necessary to the health of the minor on whom it is
conducted, and is conducted by a person licensed in the place
of such conduct as a medical practitioner; or
``(ii) in the case of female genital mutilation, performed
on a minor in labor or who has just given birth and is
performed for medical purposes connected with that labor or
birth by a person licensed in the place it is performed as a
medical practitioner, midwife, or person in training to
become such a practitioner or midwife.
``(B) Health of a minor.--For the purposes of subparagraph
(A), the health of a minor does not include--
``(i) mental, behavioral, or emotional distress; or
``(ii) a mental, behavioral, or emotional disorder.
``(2) Exemption.--Genital or bodily mutilation or chemical
castration is not a violation of this section if such genital
or bodily mutilation or chemical castration is conducted with
respect to any of the following individuals:
``(A) An individual with both ovarian and testicular
tissue.
``(B) An individual with respect to whom a physician has
determined through genetic or biochemical testing that the
individual does not have normal sex chromosome structure, sex
steroid hormone production, or sex steroid hormone action.
``(C) An individual experiencing infection, disease,
injury, or disorder caused or exacerbated by a previous
genital or bodily mutilation procedure or chemical
castration.
``(D) An individual suffering from a physical disorder,
physical injury, or physical illness that would, as certified
by a physician, place the individual in imminent danger of
impairment of a major bodily function unless the procedure is
performed.
``(E) An individual diagnosed with precocious puberty, to
the extent such genital or bodily mutilation or chemical
castration is for the purpose of normalizing puberty.
``(h) Civil Action.--
``(1) In general.--Any individual on whom a genital or
bodily mutilation was performed in violation of this section
may bring a civil action in an appropriate district court of
the United States against the person who performed,
facilitated, or otherwise caused the violation.
``(2) Relief.--In a civil action brought under this
subsection, the court may award--
``(A) compensatory damages;
``(B) punitive damages;
``(C) reasonable attorney's fees and costs; and
``(D) any other appropriate relief.
``(3) Limitation period.--An action under this subsection
may be brought not later than 20 years after the date on
which the individual reaches 18 years of age.
``(i) Definitions.--In this section:
``(1) Chemical castration.-- The term `chemical castration'
means administering, supplying, prescribing, dispensing,
distributing, or otherwise conveying to an individual
medications for the purposes described in paragraph (1)(B),
including--
``(A) gonadotropin-releasing hormone (GnRH) analogues or
other puberty-blocking drugs to stop or delay normal puberty;
and
``(B) testosterone, estrogen, or other androgens to an
individual at doses that are higher than would normally be
produced endogenously in a healthy individual of the same age
and sex.
``(2) Female.--The term `female' means a person who
naturally has, had, will have, or would have, but for a
congenital anomaly, historical accident, or intentional or
unintentional disruption, the reproductive system that at
some point produces, transports, and utilizes eggs for
fertilization.
``(3) Female genital mutilation.--The term `female genital
mutilation' means any procedure performed for non-medical
reasons that involves partial or total removal of, or other
injury to, the external female genitalia, and includes--
``(A) a clitoridectomy or the partial or total removal of
the clitoris or the prepuce or clitoral hood;
``(B) excision or the partial or total removal (with or
without excision of the clitoris) of the labia minora or the
labia majora, or both;
``(C) infibulation or the narrowing of the vaginal opening
(with or without excision of the clitoris); or
``(D) other procedures that are harmful to the external
female genitalia, including pricking, incising, scraping, or
cauterizing the genital area.
``(4) Genital or bodily mutilation.--The term `genital or
bodily mutilation' means, with respect to an individual, any
of the following:
``(A) Female genital mutilation.
``(B) Any surgery performed for the purpose of
intentionally changing the body of such individual (including
by disrupting the body's development, inhibiting its natural
functions, or modifying its appearance) to no longer
correspond to the individual's sex, including--
``(i) castration;
``(ii) orchiectomy;
``(iii) scrotoplasty;
``(iv) vasectomy;
``(v) hysterectomy;
``(vi) oophorectomy;
``(vii) ovariectomy;
``(viii) metoidioplasty;
``(ix) penectomy;
``(x) phalloplasty;
``(xi) vaginoplasty;
``(xii) vaginectomy;
``(xiii) vulvoplasty;
``(xiv) reduction thyrochondroplasty;
``(xv) chondrolaryngoplasty; and
``(xvi) mastectomy.
``(C) Any plastic surgery that feminizes or masculinizes
the facial or other physiological features for the purposes
described in subparagraph (B).
``(D) Any placement of chest implants to create feminine
breasts for the purposes described in subparagraph (B).
``(E) Any placement of fat or artificial implants in the
gluteal region for the purposes described in subparagraph
(B).
``(F) Any surgery to reconstruct the fixed part of the
urethra, whether or not such surgery includes a
metoidioplasty or a phalloplasty, for the purposes described
in subparagraph (B).
``(5) Male.--The term `male' means a person who naturally
has, had, will have, or would have, but for a congenital
anomaly, historical accident, or intentional or unintentional
disruption, the reproductive system that at some point
produces, transports, and utilizes sperm for fertilization.
``(6) Minor.--The term `minor' means any person under the
age of eighteen years.
``(7) Sex.--The term `sex' means the immutable biological
classification of an individual as either male or female.''.
(b) Clerical Amendment.--The table of sections for chapter
7 of title 18, United States Code, is amended by striking the
item related to section 116 and inserting the following:

[[Page S1132]]

``116. Genital and bodily mutilation of a minor; chemical castration of
a minor.''.
______