[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2334 Placed on Calendar Senate (PCS)]






                                                       Calendar No. 483
110th CONGRESS
  1st Session
                                S. 2334

 To withhold 10 percent of the Federal funding apportioned for highway 
 construction and maintenance from States that issue driver's licenses 
 to individuals without verifying the legal status of such individuals.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 13, 2007

Mr. Barrasso (for himself and Mr. Enzi) introduced the following bill; 
                     which was read the first time

                           November 14, 2007

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 A BILL


 
 To withhold 10 percent of the Federal funding apportioned for highway 
 construction and maintenance from States that issue driver's licenses 
 to individuals without verifying the legal status of such individuals.

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

SECTION 1. PRESERVING THE INTEGRITY OF STATE-ISSUED DRIVER'S LICENSES.

    (a) Withholding Funds for Noncompliance.--
            (1) In general.--Notwithstanding section 104(b) of title 
        23, United States Code, the Secretary of Transportation shall 
        withhold 10 percent of the amount required to be apportioned to 
        any State in any fiscal year after fiscal year 2009 under 
        paragraphs (1), (3), and (5) of such section 104(b) if that 
        State, as of the first day of such fiscal year, does not 
        require and subsequently verify evidence of lawful presence in 
        the United States or its territories from each applicant for a 
        driver's license or personal identification card issued by the 
        State.
            (2) State grandfather law as complying.--A State shall be 
        deemed to be in compliance with paragraph (1) in each fiscal 
        year in which the State has in effect a law that requires an 
        applicant for a driver's license to present evidence of lawful 
        presence in the United States or its territories if the law is 
        enacted before the later of--
                    (A) October 1, 2009; or
                    (B) 10 days after the end of the first session the 
                legislature of a State convenes after the date of the 
                enactment of this Act.
    (b) Redistribution of Withheld Funds.--On the first day of the 
fiscal year after the fiscal year in which amounts were withheld from 
States under subsection (a), such amounts shall be redistributed to 
those States that satisfy the requirement to verify evidence of lawful 
status under subsection (a)(1), in the same ratio as the original 
apportionments under section 104(b) of title 23, United States Code.
    (c) Verification.--A State satisfies the requirement to verify 
evidence of lawful status under subsection (a)(1) if the State employs 
a means approved by the Secretary of Homeland Security for determining 
the authenticity of the evidence presented by an applicant, including 
confirmation of an applicant's Social Security number with the Social 
Security Administration and the Systematic Alien Verification for 
Entitlements Program.
    (d) REAL ID Act of 2006.--Nothing in this Act may be construed to 
affect any State requirement under the REAL ID Act of 2006 (Division B 
of the Emergency Supplemental Appropriations Act for Defense, the 
Global War on Terror, and Tsunami Relief, 2005; Public Law 109-13).
    (e) Definitions.--In this Act:
            (1) Driver's license.--The term ``driver's license'' means 
        a motor vehicle operator's license (as defined in section 
        30301(5) of title 49, United States Code).
            (2) Evidence of lawful status.--The term ``evidence of 
        lawful status'' means valid documentary evidence that the 
        person--
                    (A) is a citizen or national of the United States;
                    (B) is an alien lawfully admitted for permanent 
                residence in the United States;
                    (C) has an approved application for asylum in the 
                United States or has entered into the United States in 
                refugee status;
                    (D) has a valid, unexpired nonimmigrant visa for 
                entry into the United States;
                    (E) has a pending application for asylum in the 
                United States;
                    (F) has approved deferred action status; or
                    (G) has a pending application for adjustment of 
                status to that of an alien lawfully admitted for 
                permanent residence in the United States.
            (3) Personal identification card.--The term ``personal 
        identification card'' means an identification document (as 
        defined in section 1028(d)(3) of title 18, United States Code) 
        issued by a State.
                                                       Calendar No. 483

110th CONGRESS

  1st Session

                                S. 2334

_______________________________________________________________________

                                 A BILL

 To withhold 10 percent of the Federal funding apportioned for highway 
 construction and maintenance from States that issue driver's licenses 
 to individuals without verifying the legal status of such individuals.

_______________________________________________________________________

                           November 14, 2007

            Read the second time and placed on the calendar