I 

108TH CONGRESS 

1ST SESSION H. R. 3052

To amend title 23, United States Code, to discourage States from issuing 

an identification card or driver’s license to an alien not legally authorized 

to be in the United States. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 9, 2003

Mr. TANCREDO (for himself, Mr. KING of Iowa, Mr. HEFLEY, Mr. BARTLETT

of Maryland, Mr. SMITH of Texas, Mr. DEAL of Georgia, and Mr. 

GOODE) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure 

A BILL

To amend title 23, United States Code, to discourage States 

from issuing an identification card or driver’s license 

to an alien not legally authorized to be in the United 

States.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘State Accountability 

5 and Identity Fraud Elimination Act of 2004’’. 
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1 SEC. 2. WITHHOLDING FUNDS FOR ENACTMENT OF A LAW 

2 ALLOWING ISSUANCE OF IDENTIFICATION 

3 CARDS OR DRIVERS’ LICENSES FOR CERTAIN 

4 INDIVIDUALS. 

5 (a) IN GENERAL.—Subchapter I of chapter 1 of title 

6 23, United States Code, is amended by adding at the end 

7 the following: 

8 ‘‘§ 165. Withholding funds for enactment of a law al9 lowing issuance of identification cards or 

10 drivers’ licenses for certain individuals. 

11 ‘‘(a) WITHHOLDING OF APPORTIONMENTS.—

12 ‘‘(1) FISCAL YEAR 2006.—The Secretary shall 

13 withhold 5 percent of the amount required to be ap14 portioned to any State under each of paragraphs 

15 (1), (3), and (4) of section 104(b) on October 1, 

16 2005, if the State has enacted a law described in 

17 paragraph (7) on or before that date. 

18 ‘‘(2) FISCAL YEAR 2007.—The Secretary shall 

19 withhold 10 percent (including any amounts with20 held under paragraph (1)) of the amount required to 

21 be apportioned to any State under each of para22 graphs (1), (3), and (4) of section 104(b) on Octo23 ber 1, 2006 , if the State has enacted a law de24 scribed in paragraph (7) on or before that date. 

25 ‘‘(3) FISCAL YEAR 2008.—The Secretary shall 

26 withhold 15 percent of the amount required to be 
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1 apportioned to any State under each of paragraphs 

2 (1), (3), and (4) of section 104(b) on October 1, 

3 2007, if the State has enacted a law described in 

4 paragraph (7) on or before that date. 

5 ‘‘(4) FISCAL YEAR 2009.—The Secretary shall 

6 withhold 20 percent of the amount required to be 

7 apportioned to any State under each of paragraphs 

8 (1), (3), and (4) of section 104(b) on October 1, 

9 2008, if the State has enacted a law described in 

10 paragraph (7) on or before that date. 

11 ‘‘(5) FISCAL YEAR 2010.—The Secretary shall 

12 withhold 25 percent of the amount required to be 

13 apportioned to any State under each of paragraphs 

14 (1), (3), and (4) of section 104(b) on October 1, 

15 2009, if the State has enacted a law described in 

16 paragraph (7) on or before that date. 

17 ‘‘(6) THERAFTER.—The Secretary shall with18 hold 25 percent of the amount required to be appor19 tioned to any State under each of paragraphs (1), 

20 (3), and (4) of section 104(b) on October 1 of each 

21 fiscal year thereafter if the State has enacted a law 

22 described in paragraph (7) on or before that date. 

23 ‘‘(7) REQUIREMENT.—A State shall have funds 

24 withheld under this subsection if the State has en25 acted a law that allows the issuance of an identifica-
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1 tion card or a driver’s license to an alien who is not 

2 legally authorized to be in the United States. 

3 ‘‘(b) PERIOD OF AVAILABILITY; EFFECT OF COMPLI4 ANCE AND NONCOMPLIANCE.—

5 ‘‘(1) PERIOD OF AVAILABILITY OF WITHHELD

6 FUNDS.—

7 ‘‘(A) FUNDS WITHHELD ON OR BEFORE

8 SEPTEMBER 30, 2007.—Any funds withheld 

9 under subsection (a) from apportionment to any 

10 State on or before September 30, 2005, shall 

11 remain available until the end of the third fiscal 

12 year following the fiscal year for which the 

13 funds are authorized to be appropriated. 

14 ‘‘(B) FUNDS WITHHELD AFTER SEP15 TEMBER 30, 2007.—No funds withheld under 

16 this section from apportionment to any State 

17 after September 30, 2007, shall be available for 

18 apportionment to the State. 

19 ‘‘(2) APPORTIONMENT OF WITHHELD FUNDS

20 AFTER COMPLIANCE.—If, before the last day of the 

21 period for which funds withheld under subsection (a) 

22 from apportionment are to remain available for ap23 portionment to a State under paragraph (1), the 

24 State has repealed a law described in subsection 

25 (a)(7), the Secretary shall, on the first day on which 
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1 the State repeals such law, apportion to the State 

2 the funds withheld under subsection (a) that remain 

3 available for apportionment to the State. 

4 ‘‘(3) PERIOD OF AVAILABILITY OF SUBSE5 QUENTLY APPORTIONED FUNDS.—Any funds appor6 tioned pursuant to paragraph (2) shall remain avail7 able for expenditure until the end of the third fiscal 

8 year following the fiscal year in which the funds are 

9 so apportioned. Sums not obligated at the end of 

10 that period shall lapse. 

11 ‘‘(4) EFFECT OF NONCOMPLIANCE.—If, at the 

12 end of the period for which funds withheld under 

13 subsection (a) from apportionment are available for 

14 apportionment to a State under paragraph (1), the 

15 State does not repeal a law described subsection 

16 (a)(7), the funds shall lapse.’’. 

17 (b) CONFORMING AMENDMENT.—The analysis for 

18 such chapter is amended by inserting after the item relat19 ing to section 164 the following:

‘‘165. Withholding of funds for enactment of a law allowing issuance of identification cards or drivers’ licenses for certain individuals’’.

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