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

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.

November 14, 2007 Read the second time and placed on the calendar