State Accountability and Identity Fraud Elimination Act of 2004 - Directs the Secretary of Transportation to withhold specified Federal highway funds in increasing percentages starting in FY 2006 from any State that 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. Provides that funds withheld from apportionment to any State: (1) 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; and (2) after September 30, 2007, shall not be available for apportionment to the State.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3052 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 3052
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
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
_______________________________________________________________________
A BILL
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''.
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR H8070)
Referred to the House Committee on Transportation and Infrastructure.
Referred to the Subcommittee on Highways, Transit and Pipelines.
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