[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3461 Introduced in House (IH)]






108th CONGRESS
  1st Session
                                H. R. 3461

 To bar Federal agencies from accepting for any identification-related 
     purpose a State-issued driver's license, or other comparable 
   identification document, unless the State has in effect a policy 
 requiring presentation of acceptable forms of identification prior to 
issuance of the license or document, and the State requires the license 
  or document, if issued to a nonimmigrant alien, to expire upon the 
   expiration of the alien's authorized period of stay in the United 
                    States, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 6, 2003

  Mr. Flake introduced the following bill; which was referred to the 
Committee on Government Reform, and in addition to the Committee on the 
 Judiciary, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To bar Federal agencies from accepting for any identification-related 
     purpose a State-issued driver's license, or other comparable 
   identification document, unless the State has in effect a policy 
 requiring presentation of acceptable forms of identification prior to 
issuance of the license or document, and the State requires the license 
  or document, if issued to a nonimmigrant alien, to expire upon the 
   expiration of the alien's authorized period of stay in the United 
                    States, and for other purposes.

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

SECTION 1. IMPROVEMENTS IN IDENTIFICATION-RELATED DOCUMENTS.

    (a) Proof of Identity.--
            (1) In general.--A Federal agency may not accept for any 
        identification-related purpose a driver's license, or other 
        comparable identification document, issued by a State to any 
        person, unless the application process for the license or 
        document includes the presentation by the applicant of evidence 
        of identity in accordance with this subsection.
            (2) General requirements.--
                    (A) Number of documents.--The applicant shall 
                present--
                            (i) 2 documents described in this 
                        subsection, if at least 1 contains a clear 
                        photograph of the applicant and at least 1 is a 
                        primary document; or
                            (ii) 3 documents described in this 
                        subsection, if at least 1 is a primary 
                        document.
                    (B) Originals or certified copies.--All documents 
                presented shall be originals or copies certified by the 
                issuing agency.
                    (C) English.--All documents presented shall be in 
                English.
            (3) Primary documents.--For purposes of this subsection, 
        the following shall be considered primary documents, if they 
        include the date of birth of the applicant:
                    (A) Birth certificate (or delayed birth 
                certificate) issued in any State, territory, or 
                possession of the United States.
                    (B) United States Certificate of Birth Abroad.
                    (C) United States passport.
                    (D) Foreign passport with a visa valid for 
                admission into the United States, and an admission 
                stamp or Arrival-Departure Record (Department of 
                Homeland Security Form I-94) in the passport.
                    (E) Arrival-Departure Record (Department of 
                Homeland Security Form I-94) with a photograph.
                    (F) Alien Registration Receipt Card (Department of 
                Homeland Security Form I-551) (issued after March 
                1977).
                    (G) Employment Authorization Card (Department of 
                Homeland Security Form I-688A, I-688B, or I-766).
                    (H) United States Certificate of Naturalization.
                    (I) United States Certificate of Citizenship.
                    (J) Driver's license, instruction permit, or 
                identification card issued by any State, territory, or 
                possession of the United States after the effective 
                date of this Act.
                    (K) Tribal Certificate of Indian Blood.
                    (L) Tribal or Bureau of Indian Affairs Affidavit of 
                Birth.
                    (M) Department of Defense Certificate of Release or 
                Discharge from Active Duty (DD Form 214).
                    (N) Department of Defense identification card 
                issued to an active duty, reserve, or retired member of 
                the Armed Forces of the United States.
            (4) Secondary documents.--For purposes of this subsection, 
        the following shall be considered secondary documents:
                    (A) Department of Defense identification card 
                issued to a dependent.
                    (B) Department of Defense driver's license.
                    (C) Social Security Card.
                    (D) Motor vehicle record or clearance letter 
                (within 30 days of issue).
                    (E) Legal guardian affidavit.
                    (F) Selective Service System Registration 
                Acknowledgement Card.
                    (G) Department of the Treasury, Internal Revenue 
                Service Form W-2 Wage and Tax Statement.
                    (H) Department of Veterans Affairs identification 
                card.
                    (I) Concealed weapon permit.
                    (J) Medical insurance identification card.
                    (K) Professional license.
                    (L) Bank card.
                    (M) Credit card.
                    (N) Employee identification badge (with 
                photograph).
                    (O) School identification card (with photograph).
                    (P) Marriage license issued by any State, 
                territory, or possession of the United States.
                    (Q) Any of the following orders or decrees from a 
                court of record:
                            (i) Divorce.
                            (ii) Adoption.
                            (iii) Name change.
                            (iv) Bankruptcy.
                            (v) Emancipation.
    (b) Expiration of Identification Documents Issued to 
Nonimmigrants.--A Federal agency may not accept for any identification-
related purpose a driver's license, or other comparable identification 
document, issued by a State to any person, unless the State has in 
effect a policy requiring any such license or document, when issued by 
the State to a nonimmigrant alien, to bear an expiration date that is 
not later than--
            (1) the last day of the nonimmigrant alien's lawfully 
        authorized period of stay in the United States; or
            (2) 5 years after the date on which the license or document 
        is issued, in any case in which the nonimmigrant alien's 
        lawfully authorized period of stay--
                    (A) is modified at any time after the alien's 
                admission into the United States; or
                    (B) does not expire on a date certain.
    (c) Grants to States.--The Secretary of Homeland Security shall 
make grants to States to assist them in complying with the requirements 
described in subsections (a) and (b).
    (d) Effective Date.--This section shall take effect one year after 
the date of the enactment of this Act, but shall apply only to licenses 
or documents issued to a nonimmigrant alien for the first time after 
such effective date and to replacement or renewal licenses or documents 
issued according to State law after such effective date.
    (e) Definitions.--For purposes of this section:
            (1) Federal agency.--The term ``Federal agency'' means any 
        of the following:
                    (A) An Executive agency (as defined in section 105 
                of title 5, United States Code).
                    (B) An agency in the judicial branch of the 
                Government of the United States.
            (2) Nonimmigrant alien.--The term ``nonimmigrant alien'' 
        means an alien who is lawfully admitted to the United States by 
        reason of having presented at the port of entry a valid 
        unexpired nonimmigrant visa issued under section 221 of the 
        Immigration and Nationality Act (8 U.S.C. 1201).
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