I 

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

3 SECTION 1. IMPROVEMENTS IN IDENTIFICATION-RELATED 

4 DOCUMENTS. 

5 (a) PROOF OF IDENTITY.—

6 (1) IN GENERAL.—A Federal agency may not 

7 accept for any identification-related purpose a driv8 er’s license, or other comparable identification docu9 ment, issued by a State to any person, unless the 

10 application process for the license or document in11 cludes the presentation by the applicant of evidence 

12 of identity in accordance with this subsection. 

13 (2) GENERAL REQUIREMENTS.—

14 (A) NUMBER OF DOCUMENTS.—The appli15 cant shall present—

16 (i) 2 documents described in this sub17 section, if at least 1 contains a clear photo18 graph of the applicant and at least 1 is a 

19 primary document; or 

20 (ii) 3 documents described in this sub21 section, if at least 1 is a primary docu22 ment. 

23 (B) ORIGINALS OR CERTIFIED COPIES.—

24 All documents presented shall be originals or 

25 copies certified by the issuing agency. 
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1 (C) ENGLISH.—All documents presented 

2 shall be in English. 

3 (3) PRIMARY DOCUMENTS.—For purposes of 

4 this subsection, the following shall be considered pri5 mary documents, if they include the date of birth of 

6 the applicant: 

7 (A) Birth certificate (or delayed birth cer8 tificate) issued in any State, territory, or pos9 session of the United States. 

10 (B) United States Certificate of Birth 

11 Abroad. 

12 (C) United States passport. 

13 (D) Foreign passport with a visa valid for 

14 admission into the United States, and an ad15 mission stamp or Arrival-Departure Record 

16 (Department of Homeland Security Form I–94) 

17 in the passport. 

18 (E) Arrival-Departure Record (Department 

19 of Homeland Security Form I–94) with a pho20 tograph. 

21 (F) Alien Registration Receipt Card (De22 partment of Homeland Security Form I–551) 

23 (issued after March 1977). 
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1 (G) Employment Authorization Card (De2 partment of Homeland Security Form I–688A, 

3 I–688B, or I–766). 

4 (H) United States Certificate of Natu5 ralization. 

6 (I) United States Certificate of Citizen7 ship. 

8 (J) Driver’s license, instruction permit, or 

9 identification card issued by any State, terri10 tory, or possession of the United States after 

11 the effective date of this Act. 

12 (K) Tribal Certificate of Indian Blood. 

13 (L) Tribal or Bureau of Indian Affairs Af14 fidavit of Birth. 

15 (M) Department of Defense Certificate of 

16 Release or Discharge from Active Duty (DD 

17 Form 214). 

18 (N) Department of Defense identification 

19 card issued to an active duty, reserve, or retired 

20 member of the Armed Forces of the United 

21 States. 

22 (4) SECONDARY DOCUMENTS.—For purposes of 

23 this subsection, the following shall be considered sec24 ondary documents: 
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1 (A) Department of Defense identification 

2 card issued to a dependent. 

3 (B) Department of Defense driver’s li4 cense. 

5 (C) Social Security Card. 

6 (D) Motor vehicle record or clearance let7 ter (within 30 days of issue). 

8 (E) Legal guardian affidavit. 

9 (F) Selective Service System Registration 

10 Acknowledgement Card. 

11 (G) Department of the Treasury, Internal 

12 Revenue Service Form W–2 Wage and Tax 

13 Statement. 

14 (H) Department of Veterans Affairs identi15 fication card. 

16 (I) Concealed weapon permit. 

17 (J) Medical insurance identification card. 

18 (K) Professional license. 

19 (L) Bank card. 

20 (M) Credit card. 

21 (N) Employee identification badge (with 

22 photograph). 

23 (O) School identification card (with photo24 graph). 
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1 (P) Marriage license issued by any State, 

2 territory, or possession of the United States. 

3 (Q) Any of the following orders or decrees 

4 from a court of record: 

5 (i) Divorce. 

6 (ii) Adoption. 

7 (iii) Name change. 

8 (iv) Bankruptcy. 

9 (v) Emancipation. 

10 (b) EXPIRATION OF IDENTIFICATION DOCUMENTS

11 ISSUED TO NONIMMIGRANTS.—A Federal agency may not 

12 accept for any identification-related purpose a driver’s li13 cense, or other comparable identification document, issued 

14 by a State to any person, unless the State has in effect 

15 a policy requiring any such license or document, when 

16 issued by the State to a nonimmigrant alien, to bear an 

17 expiration date that is not later than—

18 (1) the last day of the nonimmigrant alien’s 

19 lawfully authorized period of stay in the United 

20 States; or 

21 (2) 5 years after the date on which the license 

22 or document is issued, in any case in which the non23 immigrant alien’s lawfully authorized period of 

24 stay—
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1 (A) is modified at any time after the 

2 alien’s admission into the United States; or 

3 (B) does not expire on a date certain. 

4 (c) GRANTS TO STATES.—The Secretary of Home5 land Security shall make grants to States to assist them 

6 in complying with the requirements described in sub7 sections (a) and (b). 

8 (d) EFFECTIVE DATE.—This section shall take effect 

9 one year after the date of the enactment of this Act, but 

10 shall apply only to licenses or documents issued to a non11 immigrant alien for the first time after such effective date 

12 and to replacement or renewal licenses or documents 

13 issued according to State law after such effective date. 

14 (e) DEFINITIONS.—For purposes of this section: 

15 (1) FEDERAL AGENCY.—The term ‘‘Federal 

16 agency’’ means any of the following: 

17 (A) An Executive agency (as defined in 

18 section 105 of title 5, United States Code). 

19 (B) An agency in the judicial branch of the 

20 Government of the United States. 

21 (2) NONIMMIGRANT ALIEN.—The term ‘‘non22 immigrant alien’’ means an alien who is lawfully ad23 mitted to the United States by reason of having pre24 sented at the port of entry a valid unexpired non-
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1 immigrant visa issued under section 221 of the Im2 migration and Nationality Act (8 U.S.C. 1201).

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