To amend title 23, United States Code, to discourage States from issuing an identification card or driver's license to an alien not legally authorized to be in the United States.

September 9, 2003

Mr. TANCREDO (for himself, Mr. KING of Iowa, Mr. HEFLEY, Mr. BARTLETT of Maryland, Mr. SMITH of Texas, Mr. DEAL of Georgia, and Mr. GOODE) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure

To amend title 23, United States Code, to discourage States from issuing an identification card or driver's license to an alien not legally authorized to be in the United States.

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 `State Accountability and Identity Fraud Elimination Act of 2004'.

SEC. 2. WITHHOLDING FUNDS FOR ENACTMENT OF A LAW ALLOWING ISSUANCE OF IDENTIFICATION CARDS OR DRIVERS' LICENSES FOR CERTAIN INDIVIDUALS.

(a) IN GENERAL- Subchapter I of chapter 1 of title 23, United States Code, is amended by adding at the end the following:

`Sec. 165. Withholding funds for enactment of a law allowing issuance of identification cards or drivers' licenses for certain individuals.

`(a) WITHHOLDING OF APPORTIONMENTS-

`(1) FISCAL YEAR 2006- The Secretary shall withhold 5 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, 2005, if the State has enacted a law described in paragraph (7) on or before that date.

`(2) FISCAL YEAR 2007- The Secretary shall withhold 10 percent (including any amounts withheld under paragraph (1)) 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, 2006 , if the State has enacted a law described in paragraph (7) on or before that date.

`(3) FISCAL YEAR 2008- The Secretary shall withhold 15 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, 2007, if the State has enacted a law described in paragraph (7) on or before that date.

`(4) FISCAL YEAR 2009- The Secretary shall withhold 20 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, 2008, if the State has enacted a law described in paragraph (7) on or before that date.

`(5) FISCAL YEAR 2010- 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, 2009, if the State has enacted a law described in paragraph (7) on or before that date.

`(6) THERAFTER- 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 of each fiscal year thereafter if the State has enacted a law described in paragraph (7) on or before that date.

`(7) REQUIREMENT- A State shall have funds withheld under this subsection if the State has enacted a law that allows the issuance of an identification card or a driver's license to an alien who is not legally authorized to be in the United States.

`(b) PERIOD OF AVAILABILITY; EFFECT OF COMPLIANCE AND NONCOMPLIANCE-

`(1) PERIOD OF AVAILABILITY OF WITHHELD FUNDS-

`(A) FUNDS WITHHELD ON OR BEFORE SEPTEMBER 30, 2007- Any funds withheld under subsection (a) from apportionment to any State on or before September 30, 2005, shall remain available until the end of the third fiscal year following the fiscal year for which the funds are authorized to be appropriated.

`(B) FUNDS WITHHELD AFTER SEPTEMBER 30, 2007- No funds withheld under this section from apportionment to any State after September 30, 2007, shall be available 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 apportionment to a State under paragraph (1), the State has repealed a law described in subsection (a)(7), the Secretary shall, on the first day on which the State repeals such law, apportion to the State the funds withheld under subsection (a) that remain available for apportionment to the State.

`(3) PERIOD OF AVAILABILITY OF SUBSEQUENTLY APPORTIONED FUNDS- Any funds apportioned pursuant to paragraph (2) shall remain available for expenditure until the end of the third fiscal year following the fiscal year in which the funds are so apportioned. Sums not obligated at the end of that period shall lapse.

`(4) 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 repeal a law described subsection (a)(7), the funds shall lapse.'.

(b) CONFORMING AMENDMENT- The analysis for such chapter is amended by inserting after the item relating to section 164 the following:

`165. Withholding of funds for enactment of a law allowing issuance of identification cards or drivers' licenses for certain individuals'.

END