I 

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.

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 ‘‘Responsible and Se5 cure ID Act’’. 

6 SECTION 1. PENALTY FOR ISSUANCE OF STATE DRIVERS’ 

7 LICENSES TO ILLEGAL ALIENS. 

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

9 23, United States Code, is amended by adding at the end 

10 the following: 
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1 ‘‘§ 165. Penalty for issuance of State drivers’ licenses 

2 to illegal aliens 

3 ‘‘(a) WITHHOLDING OF APPORTIONMENTS FOR NON4 COMPLIANCE.—

5 ‘‘(1) IN GENERAL.—Subject to paragraph (3), 

6 the Secretary shall withhold 25 percent of the 

7 amount required to be apportioned to any State 

8 under each of paragraphs (1), (3), and (4) of section 

9 104(b) on October 1, 2003, and October 1 of each 

10 fiscal year thereafter, if the State does not meet the 

11 requirements of paragraph (2) on that date. 

12 ‘‘(2) CONDITION ON ISSUANCE OF DRIVERS’ LI13 CENSES.—A State meets the requirements of this 

14 paragraph if the State has in effect laws that re15 quire—

16 ‘‘(A) as a condition of issuing a driver’s li17 cense to an individual or renewing the driver’s 

18 license of an individual, that the individual pro19 vide proof that the individual is a citizen or na20 tional of the United States or an alien lawfully 

21 present in the United States; and 

22 ‘‘(B) in the case of a driver’s license issued 

23 to an alien, the license shall expire not later 

24 than the last day of the period during which the 

25 alien is authorized to be present in the United 

26 States, unless—
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1 ‘‘(i) the alien is lawfully admitted to 

2 the United States for permanent residence; 

3 or 

4 ‘‘(ii) the alien’s lawful presence is not 

5 subject to termination on a date certain. 

6 ‘‘(3) WAIVERS.—The Secretary shall waive the 

7 application of paragraph (1) with respect to a State 

8 if the Secretary of Homeland Security issues a writ9 ten certification that the State’s noncompliance with 

10 the requirements of paragraph (2) does not pose a 

11 risk to the security of the United States. 

12 ‘‘(b) PERIOD OF AVAILABILITY; EFFECT OF COMPLI13 ANCE AND NONCOMPLIANCE.—

14 ‘‘(1) PERIOD OF AVAILABILITY OF WITHHELD

15 FUNDS.—

16 ‘‘(A) FISCAL YEAR 2004.—Any funds with17 held under subsection (a) from apportionment 

18 to any State on October 1, 2003, shall remain 

19 available until December 31, 2003. 

20 ‘‘(B) THEREAFTER.—No funds withheld 

21 under this section from apportionment to any 

22 State after December 31, 2003, shall be avail23 able for apportionment to the State. 

24 ‘‘(2) APPORTIONMENT OF WITHHELD FUNDS

25 AFTER COMPLIANCE.—If, before the last day of the 
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1 period for which funds withheld under subsection (a) 

2 from apportionment are to remain available for ap3 portionment to a State under paragraph (1), the 

4 State meets the requirements of subsection (a)(2), 

5 the Secretary shall, on the first day on which the 

6 State meets the requirements, apportion to the State 

7 the funds withheld under subsection (a) that remain 

8 available for apportionment to the State. 

9 ‘‘(3) EFFECT OF NONCOMPLIANCE.—If, at the 

10 end of the period for which funds withheld under 

11 subsection (a) from apportionment are available for 

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

13 State does not meet the requirements of subsection 

14 (a)(2), the funds shall lapse. 

15 ‘‘(c) TRANSFER OF FUNDS TO SECRETARY OF HOME16 LAND SECURITY.—Funds withheld under this section 

17 from apportionment to a State that are not available for 

18 apportionment to the State under subsection (b)(1)(B) or 

19 that have lapsed under subsection (b)(3) shall be made 

20 available to the Secretary of Homeland Security for pro21 grams and activities to secure the borders of the United 

22 States and to enhance immigration enforcement activi23 ties.’’. 

24 (b) CONFORMING AMENDMENT.—The analysis for 

25 chapter 1 of title 23, United States Code, is amended by 
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1 inserting after the item relating to section 164 the fol2 lowing:

‘‘165. Penalty for issuance of State drivers’ licenses to illegal aliens.’’.

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