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 docu-
ment, 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 Judici-
ary, 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 identifica-
tion-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 li-
cense 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 pur-
poses.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. IMPROVEMENTS IN IDENTIFICATION-RELATED 
DOCUMENTS. 
(a) PROOF OF IDENTITY.—
(1) IN GENERAL.—A Federal agency may not 
accept for any identification-related purpose a driv-
er’s license, or other comparable identification docu-
ment, issued by a State to any person, unless the 
application process for the license or document in-
cludes the presentation by the applicant of evidence 
of identity in accordance with this subsection. 
(2) GENERAL REQUIREMENTS.—
(A) NUMBER OF DOCUMENTS.—The appli-
cant shall present—
(i) 2 documents described in this sub-
section, if at least 1 contains a clear photo-
graph of the applicant and at least 1 is a 
primary document; or 
(ii) 3 documents described in this sub-
section, if at least 1 is a primary docu-
ment. 
(B) ORIGINALS OR CERTIFIED COPIES.—
All documents presented shall be originals or 
copies certified by the issuing agency.
(C) ENGLISH.—All documents presented 
shall be in English. 
(3) PRIMARY
DOCUMENTS.—For purposes of 
this subsection, the following shall be considered pri-
mary documents, if they include the date of birth of 
the applicant: 
(A) Birth certificate (or delayed birth cer-
tificate) issued in any State, territory, or pos-
session of the United States. 
(B) United States Certificate of Birth 
Abroad. 
(C) United States passport. 
(D) Foreign passport with a visa valid for 
admission into the United States, and an ad-
mission stamp or Arrival-Departure Record 
(Department of Homeland Security Form I–94) 
in the passport. 
(E) Arrival-Departure Record (Department 
of Homeland Security Form I–94) with a pho-
tograph. 
(F) Alien Registration Receipt Card (De-
partment of Homeland Security Form I–551) 
(issued after March 1977).
(G) Employment Authorization Card (De-
partment of Homeland Security Form I–688A, 
I–688B, or I–766). 
(H) United States Certificate of Natu-
ralization. 
(I) United States Certificate of Citizen-
ship. 
(J) Driver’s license, instruction permit, or 
identification card issued by any State, terri-
tory, or possession of the United States after 
the effective date of this Act. 
(K) Tribal Certificate of Indian Blood. 
(L) Tribal or Bureau of Indian Affairs Af-
fidavit of Birth. 
(M) Department of Defense Certificate of 
Release or Discharge from Active Duty (DD 
Form 214). 
(N) Department of Defense identification 
card issued to an active duty, reserve, or retired 
member of the Armed Forces of the United 
States. 
(4) SECONDARY DOCUMENTS.—For purposes of 
this subsection, the following shall be considered sec-
ondary documents:
(A) Department of Defense identification 
card issued to a dependent. 
(B) Department of Defense driver’s li-
cense. 
(C) Social Security Card. 
(D) Motor vehicle record or clearance let-
ter (within 30 days of issue). 
(E) Legal guardian affidavit. 
(F) Selective Service System Registration 
Acknowledgement Card. 
(G) Department of the Treasury, Internal 
Revenue Service Form W–2 Wage and Tax 
Statement. 
(H) Department of Veterans Affairs identi-
fication card. 
(I) Concealed weapon permit. 
(J) Medical insurance identification card. 
(K) Professional license. 
(L) Bank card. 
(M) Credit card. 
(N) Employee identification badge (with 
photograph). 
(O) School identification card (with photo-
graph).
(A) is modified at any time after the 
alien’s admission into the United States; or 
(B) does not expire on a date certain. 
(c) GRANTS TO STATES.—The Secretary of Home-
land Security shall make grants to States to assist them 
in complying with the requirements described in sub-
sections (a) and (b). 
(d) EFFECTIVE DATE.—This section shall take effect 
one year after the date of the enactment of this Act, but 
shall apply only to licenses or documents issued to a non-
immigrant alien for the first time after such effective date 
and to replacement or renewal licenses or documents 
issued according to State law after such effective date. 
(e) DEFINITIONS.—For purposes of this section: 
(1) FEDERAL
AGENCY.—The term ‘‘Federal 
agency’’ means any of the following: 
(A) An Executive agency (as defined in 
section 105 of title 5, United States Code). 
(B) An agency in the judicial branch of the 
Government of the United States. 
(2) NONIMMIGRANT
ALIEN.—The term ‘‘non-
immigrant alien’’ means an alien who is lawfully ad-
mitted to the United States by reason of having pre-
sented at the port of entry a valid unexpired non-
immigrant visa issued under section 221 of the Im-
migration and Nationality Act (8 U.S.C. 1201).
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