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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Responsible and Se-
cure ID Act’’. 
SECTION 1. PENALTY FOR ISSUANCE OF STATE DRIVERS’ 
LICENSES TO ILLEGAL ALIENS. 
(a) IN GENERAL.—Subchapter I of chapter 1 of title 
23, United States Code, is amended by adding at the end 
the following:
‘‘§ 165. Penalty for issuance of State drivers’ licenses 
to illegal aliens 
‘‘(a) WITHHOLDING OF APPORTIONMENTS FOR NON-
COMPLIANCE.—
‘‘(1) IN GENERAL.—Subject to paragraph (3), 
the Secretary shall withhold 25 percent of the 
amount required to be apportioned to any State 
under each of paragraphs (1), (3), and (4) of section 
104(b) on October 1, 2003, and October 1 of each 
fiscal year thereafter, if the State does not meet the 
requirements of paragraph (2) on that date. 
‘‘(2) CONDITION ON ISSUANCE OF DRIVERS’ LI-
CENSES.—A State meets the requirements of this 
paragraph if the State has in effect laws that re-
quire—
‘‘(A) as a condition of issuing a driver’s li-
cense to an individual or renewing the driver’s 
license of an individual, that the individual pro-
vide proof that the individual is a citizen or na-
tional of the United States or an alien lawfully 
present in the United States; and 
‘‘(B) in the case of a driver’s license issued 
to an alien, the license shall expire not later 
than the last day of the period during which the 
alien is authorized to be present in the United 
States, unless—
‘‘(i) the alien is lawfully admitted to 
the United States for permanent residence; 
or 
‘‘(ii) the alien’s lawful presence is not 
subject to termination on a date certain. 
‘‘(3) WAIVERS.—The Secretary shall waive the 
application of paragraph (1) with respect to a State 
if the Secretary of Homeland Security issues a writ-
ten certification that the State’s noncompliance with 
the requirements of paragraph (2) does not pose a 
risk to the security of the United States. 
‘‘(b) PERIOD OF AVAILABILITY; EFFECT OF COMPLI-
ANCE AND NONCOMPLIANCE.—
‘‘(1) PERIOD OF AVAILABILITY OF WITHHELD 
FUNDS.—
‘‘(A) FISCAL YEAR 2004.—Any funds with-
held under subsection (a) from apportionment 
to any State on October 1, 2003, shall remain 
available until December 31, 2003. 
‘‘(B) THEREAFTER.—No funds withheld 
under this section from apportionment to any 
State after December 31, 2003, shall be avail-
able for apportionment to the State. 
‘‘(2) APPORTIONMENT
OF
WITHHELD
FUNDS 
AFTER COMPLIANCE.—If, before the last day of the
period for which funds withheld under subsection (a) 
from apportionment are to remain available for ap-
portionment to a State under paragraph (1), the 
State meets the requirements of subsection (a)(2), 
the Secretary shall, on the first day on which the 
State meets the requirements, apportion to the State 
the funds withheld under subsection (a) that remain 
available for apportionment to the State. 
‘‘(3) EFFECT OF NONCOMPLIANCE.—If, at the 
end of the period for which funds withheld under 
subsection (a) from apportionment are available for 
apportionment to a State under paragraph (1), the 
State does not meet the requirements of subsection 
(a)(2), the funds shall lapse. 
‘‘(c) TRANSFER OF FUNDS TO SECRETARY OF HOME-
LAND SECURITY.—Funds withheld under this section 
from apportionment to a State that are not available for 
apportionment to the State under subsection (b)(1)(B) or 
that have lapsed under subsection (b)(3) shall be made 
available to the Secretary of Homeland Security for pro-
grams and activities to secure the borders of the United 
States and to enhance immigration enforcement activi-
ties.’’. 
(b) CONFORMING AMENDMENT.—The analysis for 
chapter 1 of title 23, United States Code, is amended by
inserting after the item relating to section 164 the fol-
lowing:
‘‘165. Penalty for issuance of State drivers’ licenses to illegal aliens.’’.
Æ