Title: Red Light Act
Policy area: Transportation and Public Works

Summary:
Red Light Act
This bill directs the Department of Transportation to withhold from states allocations of federal highway funds in FY2021 and thereafter if such states enact laws that provide drivers' licenses or other identification cards to aliens who are unlawfully present in the United States.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5065 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 5065

  To withhold Federal highway funds from States that provide driver's 
 licenses or identification cards to aliens who are unlawfully present 
             in the United States, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            August 20, 2021

Mrs. Lesko (for herself, Mr. Gosar, Mr. Budd, Mr. Babin, Mr. Perry, Mr. 
   Van Drew, Mr. Duncan, Mr. Joyce of Pennsylvania, and Mr. Brooks) 
 introduced the following bill; which was referred to the Committee on 
                   Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
  To withhold Federal highway funds from States that provide driver's 
 licenses or identification cards to aliens who are unlawfully present 
             in the United States, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Red Light Act''.

SEC. 2. WITHHOLDING OF FUNDS FOR PROVIDING IDENTIFICATION CARDS TO 
              CERTAIN ALIENS.

    (a) In General.--Chapter 1 of title 23, United States Code, is 
amended by adding at the end the following new section:
``Sec. 171. Withholding of funds for providing identification cards to 
              certain aliens
    ``(a) Withholding of Funds for Noncompliance.--For fiscal year 2021 
and each fiscal year thereafter, the Secretary shall withhold 100 
percent of the amount required to be apportioned under each of sections 
104(b)(1), 104(b)(3), and 104(b)(4) of this title to any State that is 
described in subsection (b).
    ``(b) State Described.--A State described in this subsection is a 
State that has enacted a law that allows the State to provide a 
driver's license or other identification card to an alien who is 
unlawfully present in the United States.
    ``(c) Effect of Withholding Funds.--
            ``(1) In general.--Any funds withheld under subsection (a) 
        from apportionment to any State shall remain available until 
        the end of the fiscal year for which the funds are apportioned.
            ``(2) Reapportionment.--If, before the last day of the 
        fiscal year for which funds withheld under subsection (a) are 
        apportioned to a State, the State repeals all laws of such 
        State described in subsection (b), the Secretary shall, on the 
        first day on which the State repeals all such laws, apportion 
        to the State the funds withheld under subsection (a) that 
        remain available for apportionment to the State.
            ``(3) Apportionment among states.--If, at the end of the 
        fiscal year in which funds are withheld from a State under 
        paragraph (1), the State has not repealed the law described in 
        subsection (b), the Secretary shall apportion the corresponding 
        withheld funds described in subsection (a) on a proportional 
        basis to all remaining States that have not enacted laws 
        described in subsection (b).
            ``(4) Withholding in future year.--In the case in which a 
        State has funds withheld under paragraph (1) and is 
        reapportioned funds under paragraph (2) and subsequently enacts 
        a law described in subsection (b) after the date on which the 
        funds are reapportioned under paragraph (2), the Secretary 
        shall withhold the amount of funds withheld under subsection 
        (a) in the fiscal year following the fiscal year in which such 
        actions occur and each fiscal year thereafter.
    ``(d) Identification Card Defined.--The term `identification card' 
means a personal identification card, as defined in section 1028(d) of 
title 18, United States Code, issued by a State.''.
    (b) Clerical Amendment.--Chapter 1 of title 23, United States Code, 
in the table of contents is amended by adding at the end the following:

``171. Withholding of funds for providing identification cards to 
                            certain aliens.''.
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