I 

108TH CONGRESS 

1ST SESSION H. R. 655

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 requires a license or comparable document 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 

FEBRUARY 7, 2003

Mr. FLAKE (for himself, Mr. GREEN of Wisconsin, Mr. CASTLE, Mr. KENNEDY of Minnesota, Mr. MILLER of Florida, Mr. PITTS, Mr. JONES of 

North Carolina, Ms. HART, Mr. SAM JOHNSON of Texas, Mr. BEREUTER, 

Mr. TERRY, Mr. BACHUS, and Mr. BURTON of Indiana) 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 requires a license or comparable document 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.
2

•HR 655 IH 

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

3 SECTION 1. EXPIRATION OF IDENTIFICATION DOCUMENTS 

4 ISSUED TO NONIMMIGRANTS. 

5 (a) STANDARDS FOR ACCEPTANCE BY FEDERAL

6 AGENCIES.—A Federal agency may not accept for any 

7 identification-related purpose a driver’s license, or other 

8 comparable identification document, issued by a State to 

9 any person, unless the State has in effect a policy requir10 ing any such license or document, when issued by the 

11 State to an nonimmigrant alien, to bear an expiration date 

12 that is not later than—

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

14 lawfully authorized period of stay in the United 

15 States; or 

16 (2) 5 years after the date on which the license 

17 or document is issued, in any case in which the non18 immigrant alien’s lawfully authorized period of 

19 stay—

20 (A) is modified at any time after the 

21 alien’s admission into the United States; or 

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

23 (b) GRANTS TO STATES.—The Secretary of Home24 land Security shall make grants to States to assist them 

25 in issuing driver’s licenses and other comparable identi-
3

•HR 655 IH 

1 fication documents that satisfy the requirements of sub2 section (a). 

3 (c) EFFECTIVE DATE.—Subsection (a) shall take ef4 fect one year after the date of the enactment of this Act, 

5 but shall apply only to licenses or documents issued to a 

6 nonimmigrant alien for the first time after such effective 

7 date and to replacement or renewal licenses or documents 

8 issued according to State law after such effective date. 

9 (d) DEFINITIONS.—For purposes of this section: 

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

11 agency’’ means any of the following: 

12 (A) An Executive agency (as defined in 

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

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

15 Government of the United States. 

16 (2) NONIMMIGRANT ALIEN.—The term ‘‘non17 immigrant alien’’ means an alien who is lawfully ad18 mitted to the United States by reason of having pre19 sented at the port of entry a valid unexpired non20 immigrant visa issued under section 221 of the Im21 migration and Nationality Act (8 U.S.C. 1201).

Æ
2

•HR 655 IH 

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

3 SECTION 1. EXPIRATION OF IDENTIFICATION DOCUMENTS 

4 ISSUED TO NONIMMIGRANTS. 

5 (a) STANDARDS FOR ACCEPTANCE BY FEDERAL

6 AGENCIES.—A Federal agency may not accept for any 

7 identification-related purpose a driver’s license, or other 

8 comparable identification document, issued by a State to 

9 any person, unless the State has in effect a policy requir10 ing any such license or document, when issued by the 

11 State to an nonimmigrant alien, to bear an expiration date 

12 that is not later than—

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

14 lawfully authorized period of stay in the United 

15 States; or 

16 (2) 5 years after the date on which the license 

17 or document is issued, in any case in which the non18 immigrant alien’s lawfully authorized period of 

19 stay—

20 (A) is modified at any time after the 

21 alien’s admission into the United States; or 

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

23 (b) GRANTS TO STATES.—The Secretary of Home24 land Security shall make grants to States to assist them 

25 in issuing driver’s licenses and other comparable identi-
3

•HR 655 IH 

1 fication documents that satisfy the requirements of sub2 section (a). 

3 (c) EFFECTIVE DATE.—Subsection (a) shall take ef4 fect one year after the date of the enactment of this Act, 

5 but shall apply only to licenses or documents issued to a 

6 nonimmigrant alien for the first time after such effective 

7 date and to replacement or renewal licenses or documents 

8 issued according to State law after such effective date. 

9 (d) DEFINITIONS.—For purposes of this section: 

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

11 agency’’ means any of the following: 

12 (A) An Executive agency (as defined in 

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

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

15 Government of the United States. 

16 (2) NONIMMIGRANT ALIEN.—The term ‘‘non17 immigrant alien’’ means an alien who is lawfully ad18 mitted to the United States by reason of having pre19 sented at the port of entry a valid unexpired non20 immigrant visa issued under section 221 of the Im21 migration and Nationality Act (8 U.S.C. 1201).

Æ