[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2718 Placed on Calendar Senate (PCS)]
Calendar No. 603
110th CONGRESS
2d Session
S. 2718
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
March 5, 2008
Mr. Barrasso (for himself, Mr. Enzi, Mr. Vitter) introduced the
following bill; which was read the first time
March 6, 2008
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; or
(F) has approved deferred action status.
(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. 603
110th CONGRESS
2d Session
S. 2718
_______________________________________________________________________
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.
_______________________________________________________________________
March 6, 2008
Read the second time and placed on the calendar