[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3235 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 3235

 To amend title 23, United States Code, to withhold highway funds from 
         States that issue drivers' licenses to illegal aliens.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 2, 2003

  Mr. Hunter introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
 To amend title 23, United States Code, to withhold highway funds from 
         States that issue drivers' licenses to illegal aliens.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Responsible and Secure ID Act''.

SECTION 1. PENALTY FOR ISSUANCE OF STATE DRIVERS' LICENSES TO ILLEGAL 
              ALIENS.

    (a) In General.--Subchapter I of chapter 1 of title 23, United 
States Code, is amended by adding at the end the following:
``Sec. 165. Penalty for issuance of State drivers' licenses to illegal 
              aliens
    ``(a) Withholding of Apportionments for Noncompliance.--
            ``(1) In general.--Subject to paragraph (3), the Secretary 
        shall withhold 25 percent of the amount required to be 
        apportioned to any State under each of paragraphs (1), (3), and 
        (4) of section 104(b) on October 1, 2003, and October 1 of each 
        fiscal year thereafter, if the State does not meet the 
        requirements of paragraph (2) on that date.
            ``(2) Condition on issuance of drivers' licenses.--A State 
        meets the requirements of this paragraph if the State has in 
        effect laws that require--
                    ``(A) as a condition of issuing a driver's license 
                to an individual or renewing the driver's license of an 
                individual, that the individual provide proof that the 
                individual is a citizen or national of the United 
                States or an alien lawfully present in the United 
                States; and
                    ``(B) in the case of a driver's license issued to 
                an alien, the license shall expire not later than the 
                last day of the period during which the alien is 
                authorized to be present in the United States, unless--
                            ``(i) the alien is lawfully admitted to the 
                        United States for permanent residence; or
                            ``(ii) the alien's lawful presence is not 
                        subject to termination on a date certain.
            ``(3) Waivers.--The Secretary shall waive the application 
        of paragraph (1) with respect to a State if the Secretary of 
        Homeland Security issues a written certification that the 
        State's noncompliance with the requirements of paragraph (2) 
        does not pose a risk to the security of the United States.
    ``(b) Period of Availability; Effect of Compliance and 
Noncompliance.--
            ``(1) Period of availability of withheld funds.--
                    ``(A) Fiscal year 2004.--Any funds withheld under 
                subsection (a) from apportionment to any State on 
                October 1, 2003, shall remain available until December 
                31, 2003.
                    ``(B) Thereafter.--No funds withheld under this 
                section from apportionment to any State after December 
                31, 2003, shall be available for apportionment to the 
                State.
            ``(2) Apportionment of withheld funds after compliance.--
        If, before the last day of the period for which funds withheld 
        under subsection (a) from apportionment are to remain available 
        for apportionment to a State under paragraph (1), the State 
        meets the requirements of subsection (a)(2), the Secretary 
        shall, on the first day on which the State meets the 
        requirements, apportion to the State the funds withheld under 
        subsection (a) that remain available for apportionment to the 
        State.
            ``(3) Effect of noncompliance.--If, at the end of the 
        period for which funds withheld under subsection (a) from 
        apportionment are available for apportionment to a State under 
        paragraph (1), the State does not meet the requirements of 
        subsection (a)(2), the funds shall lapse.
    ``(c) Transfer of Funds to Secretary of Homeland Security.--Funds 
withheld under this section from apportionment to a State that are not 
available for apportionment to the State under subsection (b)(1)(B) or 
that have lapsed under subsection (b)(3) shall be made available to the 
Secretary of Homeland Security for programs and activities to secure 
the borders of the United States and to enhance immigration enforcement 
activities.''.
    (b) Conforming Amendment.--The analysis for chapter 1 of title 23, 
United States Code, is amended by inserting after the item relating to 
section 164 the following:

``165. Penalty for issuance of State drivers' licenses to illegal 
                            aliens.''.
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