Home > 106th Congressional Bills > H.R. 3462 (ih) To amend title I of the Employee Retirement Income Security Act of 1974 [Introduced in House] ...H.R. 3462 (ih) To amend title I of the Employee Retirement Income Security Act of 1974 [Introduced in House] ...
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
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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.
Be it enacted by the Senate and House of Representatives 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 driver's license, or other
comparable identification document, issued by a State to any
person, unless the application process for the license or
document includes the presentation by the applicant of evidence
of identity in accordance with this subsection.
(2) General requirements.--
(A) Number of documents.--The applicant shall
present--
(i) 2 documents described in this
subsection, if at least 1 contains a clear
photograph of the applicant and at least 1 is a
primary document; or
(ii) 3 documents described in this
subsection, if at least 1 is a primary
document.
(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 primary documents, if they
include the date of birth of the applicant:
(A) Birth certificate (or delayed birth
certificate) issued in any State, territory, or
possession 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 admission
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 photograph.
(F) Alien Registration Receipt Card (Department of
Homeland Security Form I-551) (issued after March
1977).
(G) Employment Authorization Card (Department of
Homeland Security Form I-688A, I-688B, or I-766).
(H) United States Certificate of Naturalization.
(I) United States Certificate of Citizenship.
(J) Driver's license, instruction permit, or
identification card issued by any State, territory, 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 Affidavit 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 secondary documents:
(A) Department of Defense identification card
issued to a dependent.
(B) Department of Defense driver's license.
(C) Social Security Card.
(D) Motor vehicle record or clearance letter
(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 identification
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 photograph).
(P) Marriage license issued by any State,
territory, or possession of the United States.
(Q) Any of the following orders or decrees from a
court of record:
(i) Divorce.
(ii) Adoption.
(iii) Name change.
(iv) Bankruptcy.
(v) Emancipation.
(b) Expiration of Identification Documents Issued to
Nonimmigrants.--A Federal agency may not accept for any identification-
related purpose a driver's license, or other comparable identification
document, issued by a State to any person, unless the State has in
effect a policy requiring any such license or document, when issued by
the State to a nonimmigrant alien, to bear an expiration date that is
not later than--
(1) the last day of the nonimmigrant alien's lawfully
authorized period of stay in the United States; or
(2) 5 years after the date on which the license or document
is issued, in any case in which the nonimmigrant alien's
lawfully authorized period of stay--
(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 Homeland Security shall
make grants to States to assist them in complying with the requirements
described in subsections (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 nonimmigrant 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 ``nonimmigrant alien''
means an alien who is lawfully admitted to the United States by
reason of having presented at the port of entry a valid
unexpired nonimmigrant visa issued under section 221 of the
Immigration and Nationality Act (8 U.S.C. 1201).
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